0648-BN70 202510 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 0648 National Oceanic and Atmospheric Administration NOAA 0600 Department of Commerce DOC Endangered and Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat

This is a joint rulemaking with the Department of the Interior to rescind or revise regulations in 50 CFR part 424 that were promulgated in 2024 regarding classification of species and the designation of critical habitat under the Endangered Species Act.

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage No No Deregulatory 50 CFR 424 16 U.S.C. 1531 et seq. Yes

This action responds to the Executive Order ( E.O.) 14154, titled "Unleashing American Energy," which directed all departments and agencies to immediately review agency actions that potentially impose an undue burden on the identification, development, or use of domestic energy resources, and, as appropriate and consistent with applicable law, consider suspending, revising, or rescinding agency actions that conflict with this national objective. The Department of Interior (DOI) issued Secretarial Order (SO) 3418 to implement E.O. 14154 and requires that the U.S. Fish and Wildlife Service (USFWS), in cooperation with National Marine Fisheries Service (NMFS), take action to suspend, revise, or rescind the Endangered Species Act (ESA) regulations that were revised in 2024. E.O. 14219 also directs all departments and agencies to review and rescind unlawful regulations that are "based on anything other than the best reading of the underlying statutory authority."

 

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This action is authorized under 16 U.S.C. 1531 et seq.

 

 

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This is a joint rulemaking by NMFS and USFWS (collectively referred to as the Services) to amend portions of the regulations in 50 CFR 424 that implement section 4 of the Endangered Species Act of 1973, as amended. A final rule revising these same regulations in 50 CFR 424 was published on April 5, 2024, and became effective on May 6, 2024 (89 FR 24300). Based on a review of the 2024 rule in response to E.O.14154, E.O. 14219, and DOI Secretarial Order 3418, the Services are proposing to revise the regulations that were addressed in the 2024 final rule. The regulations proposed in this rule would provide criteria or otherwise clarify the processes by which the Services will interpret and implement various statutory requirements set forth in section 4 of the Act. Prior to developing and issuing a final rule, the Services will review and consider public comments received.

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This proposed rule would revise and clarify requirements for the Services in classifying species and designating critical habitat under the ESA. The proposed regulations would not expand the reach of species protections or designations of critical habitat. NMFS and FWS are the only entities that would be directly affected by this rule, because they are the only entities that list species or designate critical habitat. No external entities, including any small businesses, small organizations, or small governments, will experience any direct economic impacts from this proposed rule. Anticipated benefits of this regulatory revisions include increased clarity in implementing section 4 of the ESA.

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This action is expected to receive a significant amount of public comment from a diverse set of interested parties. The 2024 rule is also subject to ongoing litigation.

]]> NPRM 11/21/2025 90 FR 52607 NPRM Comment Period End 12/22/2025 No No Federal No No No No 1018 United States Fish and Wildlife Service FWS Joint Kim Damon-Randall Director, Office of Protected Resources 0648 National Oceanic and Atmospheric Administration NOAA 301 427-8400 kimberly.damon-randall@noaa.gov 1315 East-West Highway, Silver Spring MD 20910