U.S. Fish and Wildlife Service Proposes New Critical Habitat Designation in California

The U.S. Fish and Wildlife Service (FWS) has proposed designating approximately 760,000 acres in California as critical habitat for four distinct population segments (DPSs) of the foothill yellow-legged frog, a species that is listed as either endangered or threatened under the Endangered Species Act (ESA).[1] The critical habitat designation includes areas within the geographical range of the foothill yellow-legged frog that contain the physical or biological features that FWS has deemed essential to the species’ conservation, as well as areas outside the current range that are deemed necessary for the species’ recovery. EPA based its determination on the “best available scientific data after taking into consideration the economic impact, national security impact, and any other relevant impact of specifying any particular area as critical habitat.”[2]

The proposal would designate as critical habitat land within the following four areas of California, which include public and private land:

• North Feather River watershed (North Feather DPS);
• Sierra Nevada Mountains south of Placer County to Kern County (South Sierra DPS);
• California Coast Range from Contra Costa to western Fresno County (Central Coast DPS); and
• Western Monterey County to northern Los Angeles County (South Coast DPS).

Image by FWS

Once designated as critical habitat, any future actions or projects in these areas will require a review process to ensure they do not adversely modify or destroy the critical habitat. As stated in the ESA, every federal agency is required to ensure “that any action authorized, funded, or carried out by such agency . . . is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat of such species.”[3] This could include restrictions or modifications to land use, development, and other activities to protect the essential features of the habitat.

FWS is seeking public comments and scientific input to refine and finalize the critical habitat designations through March 3, 2025. Specifically, FWS seeks public input on the land use designations and current or planned activities in the subject areas and probable economic, national security, or other relevant impacts of the critical-habitat designation, among other inquiries. Public comments can be submitted here.

[1] FWS’s proposed rule can be found at 90 Fed. Reg. 3,412 (January 14, 2025).

[2] Id.

[3] 16 U.S.C. § 1536(a)(2).

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