April 11, 2018

Changes on the Horizon for U.S. Fish and Wildlife Service’s Regulations On Take of Threatened Species

From: Lexology

Rebecca D. Barho and Stephanie N. Clark | Nossaman LLP

On Monday, April 2, 2018, multiple news outlets reported that the U.S. Fish and Wildlife Service (“FWS”) submitted a proposal to change its existing policy regarding the prohibition on “take” for species listed as threatened under the Endangered Species Act (“ESA”). The proposed policy would mark a change in FWS rules and policy providing a blanket prohibition on “take” of most threatened species under FWS jurisdiction. Under the proposed rule blanket application of the take prohibition would not apply to newly-listed threatened species, although those species listed prior to the effective date of a final rule would retain protection under the blanket prohibition on take of threatened species.



The White House and the Office of Information and Regulatory Affairs are currently reviewing the FWS proposal. It is expected that the Proposed Rule will be published in the Federal Register in the next 30 days

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