Proposed Rule2025-20552
Endangered and Threatened Wildlife and Plants; Regulations Pertaining to Endangered and Threatened Wildlife and Plants
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 21, 2025
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), propose to revise our regulations concerning protections of threatened species under the Endangered Species Act (Act). We are proposing to remove the "blanket rule" option for protecting newly listed threatened species pursuant to section 4(d) of the Act. The Service intends to create species- specific rules for all threatened species currently protected under the "blanket rule" option. Until such species-specific rules are promulgated, threatened species that receive protections under the "blanket rule" option will continue to receive those protections.
Full Text
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<title>Federal Register, Volume 90 Issue 223 (Friday, November 21, 2025)</title>
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[Federal Register Volume 90, Number 223 (Friday, November 21, 2025)]
[Proposed Rules]
[Pages 52587-52592]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20552]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2025-0029; FXES11130900000-256-FF09E23000]
RIN 1018-BI74
Endangered and Threatened Wildlife and Plants; Regulations
Pertaining to Endangered and Threatened Wildlife and Plants
AGENCY: U.S. Fish and Wildlife Service, Interior.
ACTION: Proposed rule; request for comment.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
revise our regulations concerning protections of threatened species
under the Endangered Species Act (Act). We are proposing to remove the
``blanket
[[Page 52588]]
rule'' option for protecting newly listed threatened species pursuant
to section 4(d) of the Act. The Service intends to create species-
specific rules for all threatened species currently protected under the
``blanket rule'' option. Until such species-specific rules are
promulgated, threatened species that receive protections under the
``blanket rule'' option will continue to receive those protections.
DATES: We will accept comments received or postmarked on or before
December 22, 2025. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. eastern time on the closing date.
ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter FWS-HQ-ES-2025-0029,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the panel on the left side of
the screen, under the Document Type heading, check the Proposed Rule
box to locate this document. You may submit a comment by clicking on
``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-HQ-ES-2025-0029, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This
generally means that we will post any personal information you provide
us (see Public Comments, below, for more information).
Availability of supporting materials: Supporting materials are
available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-HQ-ES-2025-
0029.
FOR FURTHER INFORMATION CONTACT: John Tirpak, U.S. Fish and Wildlife
Service, Division of Conservation and Classification; telephone 703-
358-2163; <a href="/cdn-cgi/l/email-protection#2e44414640715a475c5e4f456e48595d00494158"><span class="__cf_email__" data-cfemail="d6bcb9beb889a2bfa4a6b7bd96b0a1a5f8b1b9a0">[email protected]</span></a>. Individuals in the United States who are
deaf, deafblind, hard of hearing, or have a speech disability may dial
711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States. Please see Docket No. FWS-
HQ-ES-2025-0029 on <a href="https://www.regulations.gov">https://www.regulations.gov</a> for a document that
summarizes this proposed rule.
SUPPLEMENTARY INFORMATION:
Background
The purposes of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq. (the Act)), are to provide a means to conserve the
ecosystems upon which listed species depend, develop a program for the
conservation of listed species, and achieve the purposes of certain
treaties and conventions (16 U.S.C. 1531(b)). Moreover, it is the
policy of Congress that the Federal Government will seek to conserve
endangered and threatened species and use its authorities to further
the purposes of the Act (16 U.S.C. 1531(c)(1)). This proposed
rulemaking action pertains to section 4 of the Act. Section 4 of the
Act (16 U.S.C. 1533) and the regulations in title 50 of the Code of
Federal Regulations (CFR) set forth the procedures for determining
whether a species is an endangered species or a threatened species,
issuing protective regulations for threatened species, and designating
critical habitat for endangered and threatened species.
Section 9 of the Act provides a specific list of prohibitions for
endangered species that are applicable automatically at the time of
listing, but does not provide these same or comparable prohibitions
automatically to threatened species. Instead, section 4(d) of the Act
requires that whenever a species is listed as a threatened species the
Secretary shall issue regulations that are necessary and advisable to
provide for the conservation of the species and also may by regulation
prohibit with respect to any threatened species any act prohibited
under section 9 for an endangered species; these are referred to as
``4(d) rules.'' Congress delegated to the Secretary the authority to
determine what protections each threatened species should receive.
Early in the administration of the Act, the U.S. Fish and Wildlife
Service (``the Service'') promulgated ``blanket rules,'' at 50 CFR
17.31 and 17.71, respectively. Pursuant to these blanket rules, as soon
as a species was listed as threatened, nearly all the section 9
prohibitions that apply to endangered species would automatically apply
to threatened species, unless the Service issued an alternative rule
for that species (i.e., a species-specific rule). In those instances
when we issued a species-specific rule for a species, that species-
specific 4(d) rule contained the protective regulations for that
species. On August 27, 2019, we issued a final rule that revised 50 CFR
17.31 and 17.71 (84 FR 44753; hereafter, ``the 2019 4(d) rule'') and
removed the ``blanket rule'' option for applying section 9 prohibitions
to species newly listed as threatened after the effective date of those
regulatory revisions (September 26, 2019). The ``blanket rule''
protections continued to apply to threatened species without an
associated species-specific rule that were listed prior to September
26, 2019. Under the 2019 4(d) rule, we applied protections to a species
newly listed as threatened only through issuance of a species-specific
rule setting out the protective regulations that are necessary and
advisable for that species. On April 5, 2024, we reinstated the
``blanket rule'' option at 50 CFR 17.31 and 17.71 for newly listed
threatened species and finalized several other revisions to 50 CFR part
17 (89 FR 23919; hereafter, ``the 2024 rule''). Those 2024 revised
regulations became effective on May 6, 2024.
The 2024 rule is subject to pending litigation in Rocky Mountain
Elk Foundation et al. v. U.S. Fish and Wildlife Serv. et al.; 2:25-cv-
00029-KLD (D. Mont.) and American Farm Bureau Federation et al. v. U.S.
Fish and Wildlife Serv. et al.; 1:25-cv-00947 (D.D.C.). Prior
litigation over the 2019 4(d) rule was not resolved on the merits;
rather, on November 16, 2022, the United States District Court for the
Northern District of California issued orders remanding the 2019 4(d)
rule to the Service without vacating it, as the Service had voluntarily
asked the Court to do. Soon after, the Service developed the 2024 rule.
Executive Order (E.O.) 14154, ``Unleashing American Energy,''
issued January 20, 2025, directed all departments and agencies to
review agency actions that 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. To administer provisions of E.O. 14154, the Secretary of the
Interior subsequently issued Secretary's Order (S.O.) 3418, which
directed Assistant Secretaries to take steps, as appropriate, to
suspend, revise, or rescind multiple actions that had been finalized
under the prior Administration. The S.O. specifically referenced taking
these steps with respect to the 2024 rule. E.O. 14219, ``Ensuring
Lawful Governance and Implementing the President's `Department of
Government Efficiency' Deregulatory Initiative,'' issued February 19,
2025, also directs all
[[Page 52589]]
departments and agencies to review and rescind unlawful regulations
that are ``based on anything other than the best reading of the
underlying statutory authority.'' See also Loper Bright Enterprises v.
Raimondo, 603 U.S. 369 (2024).
The Secretaries of the Interior and Commerce share responsibilities
for administering most of the provisions of the Act. Generally, marine
species and some anadromous (sea-run) species are under the
jurisdiction of the Secretary of Commerce, and all other species are
under the jurisdiction of the Secretary of the Interior. Authority to
administer the Act has been delegated by the Secretary of the Interior
to the Director of the Service and by the Secretary of Commerce to the
Assistant Administrator for the National Marine Fisheries Service
(NMFS). The Service and NMFS (jointly ``the Services'') separately
implementadministration section 4(d) for species within their
respective jurisdictions. When we amended our section 4(d) regulations
in 2019, and again in 2024, those amendments affected only species
under Service jurisdiction. This proposal, if finalized, would
similarly affect only species under Service jurisdiction.
Proposed Regulatory Revisions
We propose revisions to the regulations in 50 CFR part 17, subparts
D and G. Section 4(d) of the Act gives the Secretary the authority and
discretion to develop and revise regulations for protecting threatened
species. We propose removing the ``blanket rule'' option from 50 CFR
17.31 and 17.71 for threatened species for two reasons. First, the
Service has considered that our existing regulations do not match the
``single, best meaning'' of the statute. Loper Bright, 603 U.S. at 400.
The statutory text, structure, and context make clear that Congress
intended for the Service to determine what protections are needed for
threatened species on a species-by-species basis. While the Service in
the past has stated that either approach (using ``blanket rules'' or
requiring promulgation of species-specific rules for every species
listed as threatened species) is consistent with a permissible reading
of Section 4(d) of the Act, and at least one court \1\ has upheld as
``reasonable'' the ``blanket rule'' approach under the Chevron doctrine
of statutory interpretation, the Loper Bright decision has since
overturned the Chevron decision and insisted on only the single
``best'' reading of an agency's statutory authority.
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\1\ See Sweet Home Chapter of Communities for a Great Oregon v.
Babbitt, 1 F.3d. 1, 8 (D.C. Cir. 1993), modified on other grounds on
reh'g, 17 F.3d 1463 (D.C. Cir. 1994), rev'd on other grounds, 515
U.S. 687 (1995)).
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Second, and separately, we have considered that removing the
``blanket rule'' option from 50 CFR 17.31 and 17.71 is a superior
choice from a policy perspective. As the Service noted in its 2019
Rule, ``[w]here we have developed species-specific 4(d) rules, we have
seen many benefits, including removing redundant permitting
requirements, facilitating implementation of beneficial conservation
actions, and making better use of our limited personnel and fiscal
resources by focusing prohibitions on the stressors contributing to the
threatened status of the species.'' 84 FR 44753 at 44754, August 27,
2019. This tailored approach reduces burdens on the Service and
regulated entities alike and allows for the Service to better protect
threatened species. This approach also brings the Service in line with
the Department of Commerce's longstanding practice of developing
species-specific 4(d) rules.
Removing the ``blanket rule'' option would result in no immediate
changes to protections for currently listed threatened species that
receive ``blanket rule'' protections. For every species newly listed as
a threatened species, and those reclassified in the future, we would
comply with section 4(d) of the Act and issue the protective
regulations that are necessary and advisable to provide for the
conservation of that species. When proposing to protect a threatened
species with a species-specific rule, the public would be afforded an
opportunity to provide public comment on the proposed regulation.
We also propose new regulatory text at 50 CFR 17.31(d) and 17.71(d)
to explain that, going forward, whenever we propose a species-specific
4(d) rule, we will ensure that each rule includea necessary and
advisable determination (including consideration of conservation and
economic impacts) and will seek public comment on that determination.
As contemplated by the statute and reasonably interpreted from existing
language, we include this additional regulatory text to help clarify
the existing statutory authority and to address Kansas Natural
Resources Coalition, et al. v. USFWS, et al. No. 23-CV-00159-DC-RCG,
2025 WL 1367834 (W.D. Tex. Mar. 29, 2025), in which the court
interpreted section 4(d) and found that the Service failed to conduct
the proper ``necessary and advisable'' considerations in issuing its
4(d) rule by not evaluating both conservation and economic impacts. We
intend to finalize species-specific rules concurrent with the final
listing or reclassification determination. Notwithstanding our
intention, we have discretion to revise or promulgate species-specific
rules at any time after the final listing or reclassification
determination. However, we specifically request comments on our stated
intention of finalizing species-specific rules concurrent with final
listing rules, including whether we should include any requirement in
the regulatory text to do so, such as setting a timeframe for
concurrently finalizing species-specific rules for newly listed or
reclassified threatened species.
If this proposal is finalized, the final regulations would not
automatically require the reevaluation of any previous use of Sec.
17.31(a) or Sec. 17.71(a) for species without species-specific rules.
But we have discretion to revise or promulgate species-specific rules
(including for species currently protected under a ``blanket rule'') at
any time if it is necessary and advisable for a threatened species.
This proposed rule is one of four proposed rules publishing in
today's Federal Register that propose changes to the regulations that
implement the Act. Two of these proposed rules are joint between the
Services, while two (including this document) are specific to the U.S.
Fish and Wildlife Service.
Public Comments
We are seeking comments from all interested parties on the specific
revisions we are proposing, as well as on any of our analyses or
preliminary conclusions in the ``Required Determinations'' section of
this document. We will consider all relevant information prior to
issuing a final rule. Depending on the comments received, we may change
the proposed regulations based upon those comments.
You may submit your comments concerning this proposed rule by one
of the methods listed in ADDRESSES. We request that you send comments
only by the methods described in ADDRESSES. Comments sent by any other
method, or to any other address or individual, may not be considered.
Comments must be submitted to <a href="https://www.regulations.gov">https://www.regulations.gov</a> before 11:59
p.m. (eastern time) on the date specified in DATES. We will not
consider hand-delivered comments that we do not receive by, or mailed
comments that are not postmarked by, the date specified in DATES.
Comments and materials we receive will be posted and available for
public inspection on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This generally means
that we will post any personal
[[Page 52590]]
information you provide us. If you provide personal identifying
information in your comment, you may request at the top of your
document that we withhold this information from public review. However,
we cannot guarantee that we will be able to do so. Attachments to
electronic comments will be accepted in Microsoft Word, Excel, or Adobe
PDF file formats only.
Required Determinations
Regulatory Planning and Review--E.O.s 12866 and 13563
E.O. 12866 provides that the Office of Information and Regulatory
Affairs (OIRA) in the Office of Management and Budget (OMB) will review
all significant rules. OIRA has determined that this proposed rule is
significant and has reviewed it.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the Nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
E.O. 13563 directs agencies to consider regulatory approaches that
reduce burdens and maintain flexibility and freedom of choice for the
public where these approaches are relevant, feasible, and consistent
with regulatory objectives. E.O. 13563 emphasizes further that
regulations must be based on the best available science and that the
rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this proposed rule in a manner
consistent with these requirements.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.),
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA; title II of Pub. L. 104-121, March 29, 1996), whenever a
Federal agency is required to publish a notice of rulemaking for any
proposed or final rule, it must prepare, and make available for public
comment, a regulatory flexibility analysis that describes the effect of
the rule on small entities (i.e., small businesses, small
organizations, and small government jurisdictions). However, no
regulatory flexibility analysis is required if the head of an agency,
or that person's designee, certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
SBREFA amended the RFA to require Federal agencies to provide a
statement of the factual basis for certifying that a rule will not have
a significant economic impact on a substantial number of small
entities. We certify that, if adopted as proposed, this proposed rule
would not have a significant economic impact on a substantial number of
small entities. The following discussion explains our rationale.
This rulemaking proposes to revise the Service's regulations
protecting endangered and threatened species under the Act.
The Service is the only entity that is directly affected by this
proposed regulation change at 50 CFR part 17 because we are the only
entity that is affected by changes to this section of the Code of
Federal Regulations. Since the only potential entities directly
affected by this proposed regulation change are not small entities,
including any small businesses, small organizations, or small
governments, we certify that, if adopted as proposed, this rule would
not have a significant economic effect on a substantial number of small
entities.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.), we make the following finding:
(a) On the basis of information contained above in the Regulatory
Flexibility Act section, this proposed rule would not ``significantly
or uniquely'' affect small governments. We have determined and certify
pursuant to the Unfunded Mandates Reform Act, 2 U.S.C. 1502, that this
proposed rule would not impose a cost of $100 million or more in any
given year on local or State governments or private entities. A small
government agency plan is not required. As explained above, small
governments would not be affected because the proposed rule would not
place additional requirements on any city, county, or other local
municipalities.
(b) This proposed rule would not produce a Federal mandate on
State, local, or Tribal governments or the private sector of $100
million or greater in any year; that is, this proposed rule is not a
``significant regulatory action'' under the Unfunded Mandates Reform
Act. This proposed rule would impose no obligations on State, local, or
Tribal governments.
Takings (E.O. 12630)
In accordance with E.O. 12630, this proposed rule would not have
significant takings implications. This proposed rule would not directly
affect private property, nor would it cause a physical or regulatory
taking. It would not result in a physical taking because it would not
effectively compel a property owner to suffer a physical invasion of
property. Further, the proposed rule would not result in a regulatory
taking because it would not deny all economically beneficial or
productive use of the land or aquatic resources, it would substantially
advance a legitimate government interest (conservation and recovery of
endangered species and threatened species), and it would not present a
barrier to all reasonable and expected beneficial use of private
property.
Federalism (E.O. 13132)
In accordance with E.O. 13132 (Federalism), we have considered
whether this proposed rule would have significant federalism effects
and have determined that a federalism summary impact statement is not
required. This proposed rule pertains only to the Service's protective
regulations for endangered and threatened species promulgated under the
Act and would not have substantial direct effects on the States, on the
relationship between the Federal Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
Civil Justice Reform (E.O. 12988)
This proposed rule does not unduly burden the judicial system and
meets the applicable standards provided in sections 3(a) and 3(b)(2) of
E.O. 12988 (Civil Justice Reform). This proposed rule would revise the
Service's regulations for protecting species pursuant to the Act.
Government-to-Government Relationship With Tribes
In accordance with E.O. 13175 (Consultation and Coordination with
Indian Tribal Governments) and the Department of the Interior's manual
at 512 DM 2, we are considering possible effects of this proposed rule
on federally recognized Indian Tribes. The Service has reached a
preliminary conclusion that the proposed changes to these regulations
do not directly affect specific species or Tribal lands. This proposed
rule would revise regulations for protecting threatened species
pursuant to the Act. These proposed regulations would not have
substantial direct effects on one or more Indian Tribes, on the
relationship between the Federal Government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes.
We are considering the possible effects of this proposed rule on
federally
[[Page 52591]]
recognized Indian Tribes. We will continue to collaborate with Tribes
on issues related to federally listed species and their habitats and
work with them as we administer the provisions of the Act. See
Secretary's Order 3206, ``American Indian Tribal Rights, Federal-Tribal
Trust Responsibilities, and the Endangered Species Act'' (June 5,
1997).
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This proposed rule does not contain any new collection of
information that requires approval by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (45 U.S.C. 3501
et seq.). OMB has previously approved the information collection
requirements associated with permitting and reporting requirements and
assigned OMB Control Number 1018-0094 (expires 04/30/2027). An agency
may not conduct or sponsor, and a person is not required to respond to,
a collection of information unless it displays a currently valid OMB
control number.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We are analyzing this proposed rule in accordance with the criteria
of the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et
seq.), the Department of the Interior regulations on Implementation of
the National Environmental Policy Act (43 CFR part 46), and the
Department of the Interior Manual (516 DM 1).
We invite the public to comment on the extent to which this
proposed rule may have a significant impact on the human environment or
fall within one of the categorical exclusions for actions that have no
reasonably foreseeable effects on the quality of the human environment
that would require further analysis under NEPA. We will complete our
analysis, in compliance with NEPA, before finalizing these proposed
regulations.
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
In developing this proposed rule, the FWS is acting in our unique
statutory role as administrator of the Act and is engaged in a legal
exercise of interpreting the standards of the Act. The FWS's
administration of the Act is not in itself subject to the Act's
provisions, including section 7(a)(2). The FWS has a historical
practice of issuing its general regulations under the ESA without
undertaking section 7 consultation. This practice accords with the
plain language, structure, and purposes of the ESA, which does not
place a consultation obligation on the FWS's administration of the Act.
Although the FWS consults on actions through intra-agency consultations
where appropriate (e.g., issuance of section 10 permits and actions
under statutory authorities other than the ESA), in those instances the
FWS is acting principally as an ``action agency'' implementing
provisions of the Act or other statutes. Here, by contrast, the FWS is
acting solely in our role as administrator of the ESA in interpreting
the Act's provisions; we are also not implementing the Act to propose
or take a specific action. The FWS is carrying out the most fundamental
exercise of our role as administrator of the ESA, and the Act cannot
reasonably be construed as requiring the FWS to ``consult'' with
ourselves under Section 7(a)(2) in such cases.
Energy Supply, Distribution or Use (E.O. 13211)
E.O. 13211 (Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use) requires agencies to
prepare statements of energy effects ``to the extent permitted by law''
when undertaking actions identified as significant energy actions (66
FR 28355; May 22, 2001). E.O. 13211 defines a ``significant energy
action'' as an action that (i) is a significant regulatory action under
E.O. 12866 (or any successor order); and (ii) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy. The proposed revised regulations are not expected to affect
energy supplies, distribution, and use. Therefore, this action is not a
significant energy action, and there is no requirement to prepare a
statement of energy effects for this action.
Clarity of the Proposed Rule
We are required by E.O.s 12866 and 12988 and by the Presidential
memorandum of June 1, 1998, to write all rules in plain language. This
means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you believe that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that you believe are unclearly written, identify any sections or
sentences that you believe are too long, and identify the sections
where you believe lists or tables would be useful.
Authority
We issue this proposed rule under the authority of the Endangered
Species Act, as amended (16 U.S.C. 1531 et seq.).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Plants,
Reporting and recordkeeping requirements, Transportation, Wildlife.
Proposed Regulation Promulgation
Accordingly, we hereby propose to amend part 17, subchapter B of
chapter I, title 50 of the Code of Federal Regulations, as set forth
below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless
otherwise noted.
Subpart D--Threatened Wildlife
0
2. Amend Sec. 17.31 by revising paragraph (a) and adding a new
paragraph (d) to read as follows:
Sec. 17.31 Prohibitions.
(a) Except as provided in Sec. Sec. 17.4 through 17.8, or in a
permit issued pursuant to Sec. 17.32, the provisions of paragraph (b)
of this section and all of the provisions of Sec. 17.21 (for
endangered species of wildlife), except Sec. 17.21(c)(3) and (5),
apply to threatened species of wildlife that were added to the List of
Endangered and Threatened Wildlife at Sec. 17.11(h) on or prior to
[EFFECTIVE DATE OF THE FINAL RULE], unless the Secretary has
promulgated species-specific provisions (see paragraph (c) of this
section).
* * * * *
(d) Each species-specific rule proposed after [EFFECTIVE DATE OF
THE FINAL RULE] will include a necessary and advisable determination
(including consideration of conservation and economic impacts
consistent with the findings and declaration of purposes and policy of
the Endangered Species Act, 16 U.S.C. 1531, based on the best
scientific and commercial data available) and will seek public comment
on that determination.
[[Page 52592]]
Subpart G--Threatened Plants
0
3. Amend Sec. 17.71 by revising paragraph (a) and adding paragraph (d)
to read as follows:
Sec. 17.71 Prohibitions.
(a) Except as provided in a permit issued pursuant to Sec. 17.72,
the provisions of paragraph (b) of this section and all of the
provisions of Sec. 17.61, except Sec. 17.61(c)(2) through (4), apply
to threatened species of plants that were added to the List of
Endangered and Threatened Plants at Sec. 17.12(h) on or prior to
[EFFECTIVE DATE OF THE FINAL RULE], unless the Secretary has
promulgated species-specific provisions (see paragraph (c) of this
section), with the following exception: Seeds of cultivated specimens
of species treated as threatened are exempt from all the provisions of
Sec. 17.61, provided that a statement that the seeds are of
``cultivated origin'' accompanies the seeds or their container during
the course of any activity otherwise subject to the regulations in this
subpart.
* * * * *
(d) Each species-specific rule proposed after [EFFECTIVE DATE OF
THE FINAL RULE] will include a necessary and advisable determination
(including consideration of conservation and economic impacts
consistent with the findings and declaration of purposes and policy of
the Endangered Species Act, 16 U.S.C. 1531, based on the best
scientific and commercial data available) and will seek public comment
on that determination.
Kevin Lilly,
Principal Deputy for Fish and Wildlife and Parks, Exercising the
delegated authority of the Assistant Secretary for Fish and Wildlife
and Parks. Department of the Interior.
[FR Doc. 2025-20552 Filed 11-19-25; 11:15 am]
BILLING CODE 4333-15-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 21, 2025.
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