USFWS Proposes Expansion of Grizzly Bear Habitat
On January 15, USFWS proposed a revised listing of the grizzly bear in the lower-48 that would establish a single Distinct Population Segment (DPS) that would include all prior DPS areas and encompass all of Washington, and portions of Idaho, Montana, and Wyoming. Under the proposed rule, the bear would remain “threatened” under the Endangered Species Act and agency efforts to expand bears across the entire DPS would expand. The proposed rule also suggests changes to the (4)d rule. PLC opposes this approach, citing the clear recovery of grizzly bears in the Greater Yellowstone Ecosystem. PLC has opposed efforts to reintroduce grizzlies in the Bitterroot and Northern Cascades, so this proposed rule that expands the regulatory boundaries further is an extreme proposal. PLC will be submitting comments opposing the rule; contact Garrett Edmonds for more information. The public comment period will close on May 16, 2025.
USFWS Proposes ESA Listing of Monarch Butterfly Nationwide
On December 12, 2024, USFWS proposed to list the Monarch Butterfly as a “threatened” species under the Endangered Species Act and published a proposed 4(d) rule at that time. The butterfly would be listed wherever found, which includes all 48 of the contiguous United States. The Service proposed designation of 4,395 acres of critical habitat in California as part of the rule. The proposed listing comes as a result of a long history of petition and litigation. PLC is concerned that a proposed listing will affect forage and landscape management and could impact land managers’ ability to control pests like grasshoppers and Mormon crickets, address invasive species, or apply treatments to reduce the risk of wildfire. PLC is developing comments; contact Garrett Edmonds for more information. The public comment period will close May 19, 2025.
USFWS Proposes Removal of "Harm" Definition Under ESA
On April 17, 2025, the United States Department of Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration (NOAA) published their intent to rescind the regulatory definition of "harm" under the Endangered Species Act (ESA), This proposed rule is an administrative attempt to roll back the regulatory framework of the ESA, so that the regulations conform with the strict language of the statute. Citing the lack of ability to rely on Chevron deference, USFWS and NOAA are proposing to remove the definition of “harm” in the regulatory definition of “take” in order to simplify regulatory burdens and ensure it complies with the intended statute. Under the ESA, the term "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct. However, the agency believes that previous regulations promulgated by USFWS expanded the scope of the ESA in ways that don't conform to the best understanding of the statute passed by Congress and signed into law, like extending “harm” to a species’ habitat, rather than just the species itself. PLC is examining how this proposed rule will impact producers because the proposed regulatory revision would be prospective only and would not affect actions that have already occurred. PLC will be developing comments on the proposed rule; contact Garrett Edmonds for more information. The public comment period will close on May 19, 2025.