The U.S. Fish and Wildlife Service (USFWS) published two rules amending the Endangered Species Act (ESA) that will significantly impact the way species are managed. Both are final and will become effective August 20.
The first rule amends section 4(d), eliminating the burdensome “blanket rule” that automatically treated all species as “endangered,” even if they only were listed as “threatened,” unless an exception was made with a specific 4(d) rule. Moving forward, “threatened” species will be appropriately treated as such and USFWS can tailor a customized 4(d) rule to better suit each species.
The second rule amends section 4(b)(2), which governs the agency’s ability to use discretion when designating critical habitat. USFWS now will consider all relevant factors, including social and economic costs, when determining whether to designate critical habitat. The revision also allows an area to be excluded from a critical habitat designation if the costs outweigh the benefits to the species.