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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.

Statement of Need:

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."

Summary of the Legal Basis:

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

Alternatives:

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.

Anticipated Costs and Benefits:

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.

Risks:

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.