Critical Habitats Face Economic Exclusions in Update
Published Date: 11/21/2025
Proposed Rule
Summary
The U.S. Fish and Wildlife Service wants to update how they decide which areas get labeled as critical habitats for endangered plants and animals. They’re making the rules clearer about when it’s okay to leave some places out, especially if it helps the economy or national security. You’ve got until December 22, 2025, to share your thoughts before these changes take effect.
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Federal lands can be excluded
The proposed rule reverses the 2016 policy and says Federal lands could be excluded from critical-habitat designations when the benefits of exclusion outweigh inclusion. The Service will consider avoided administrative or transactional costs from section 7 consultations and effects on applicants for Federal authorizations (for example, permits, licenses, leases, or contracts) as benefits of exclusion.
Draft economic analysis published
When the Fish and Wildlife Service publishes a proposed critical-habitat rule, it will make a draft economic analysis available and will identify the specific areas it has reason to consider for exclusion. You can focus comments on those areas and the draft analysis; comments must be received by December 22, 2025.
No significant small-entity impacts
The Service certifies that, if adopted as proposed, this regulation would not have a significant economic impact on a substantial number of small entities because the change describes how the Service will designate critical habitat and the Service is the only entity directly affected.
Credible-information test for exclusions
The Service will conduct an exclusion analysis for a particular area when a proponent submits "credible information" showing meaningful impacts, or when the Secretary decides to do so on their own. "Credible information" means factual information that reasonably indicates a meaningful economic or other relevant impact.
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Key Dates
Department and Agencies
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