U.S. Fish and Wildlife Service Finalizes Changes to Voluntary Endangered Species Act Programs and Related Permitting Process
On Friday, April 12, 2024, the U.S. Fish and Wildlife Service (the Service) issued a Final Rule making changes to 50 CFR part 13 to clarify and expedite the process for issuing enhancement of survival permits and incidental take permits pursuant to Section 10(a)(1)(A) and (B), respectively, of the Endangered Species Act. The regulatory changes are intended to provide the Service greater flexibility in implementing the permitting process and generate greater conservation results by encouraging additional engagement in voluntary programs associated with these permits, including safe harbor agreements (SHAs), candidate conservation agreements with assurances (CCAAs), and habitat conservation plans (HCPs).
Endangered Species Act Regulation Revisions
On March 28, 2024, the U.S. Department of the Interior Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration National Marine Fisheries Service (NMFS) finalized three rules that increase Endangered Species Act (ESA) protections for plants and animals. The rules, which had been rescinded or changed under the Trump administration, focus on increasing protections for threatened species under the 4(d) blanket rule, increasing the processes for listing species, restoring habitat protections and designating of critical habitat, and increasing cooperation with other federal agencies. The services received approximately 468,000 public comments collectively across the three rules.
