Feds Tweak Rules for Saving Endangered Species – Snore Fest Alert
Published Date: 11/21/2025
Proposed Rule
Summary
The U.S. Fish and Wildlife Service and National Marine Fisheries Service want to update the rules for how animals and plants get listed as endangered or threatened and how their important habitats are protected. These changes will make the process clearer and easier to understand for everyone involved. If you have thoughts, you’ve got until December 22, 2025, to share them—so don’t miss out!
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Revert to 2019 listing and habitat rules
The Services propose to replace the 2024 regulatory text in 50 CFR part 424 with the 2019 versions. That includes reverting the wording on the term "foreseeable future" (using the 2019 phrasing), reinstating the 2019 delisting standards (delist if extinct, if the entity no longer meets the definitions of endangered or threatened, or if the listed entity does not meet the definition of a species), reinserting a specific "not-prudent" circumstance about threats that cannot be addressed through section 7(a)(2), and reinstating the 2019 two-step approach for unoccupied critical habitat (evaluate occupied areas first and require reasonable certainty that unoccupied areas will contribute and contain essential features).
No new costs for small businesses
The agencies say that if this rule is adopted as proposed, it would not have a significant economic impact on a substantial number of small entities (small businesses, small organizations, or small governments). The proposal certifies there would be no direct economic impacts on small businesses.
Rule applies only to future listings
If finalized, the proposed regulations would apply only to classification and critical-habitat rules finalized after the final rule's effective date and would not apply retroactively to rules finalized prior to that effective date. The agencies state that nothing in the proposed revisions is intended to require prior final listing, delisting, or reclassification determinations or previously completed critical-habitat designations to be reevaluated.
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Key Dates
Department and Agencies
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