On November 21, 2025, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS; together the Services) published a series of changes to Endangered Species Act (ESA) regulations.
Specifically, the Services propose to:
- Revise when and how FWS determines whether the benefits of excluding an area outweigh the benefits of designating the area as critical habitat.
- Remove the FWS “blanket rule” option for treating newly listed threatened species as endangered.
- Revise how federal agencies consult with FWS and NMFS on whether proposed actions will jeopardize the existence of a threatened or endangered species or result in the destruction or adverse modification of designated critical habitat.
- Revise the procedures and criteria used by FWS and NMFS for listing, reclassifying, and delisting species on the Lists of Endangered and Threatened Wildlife and Plants and designating critical habitat.
Advocacy supports the Services’ proposed changes to ESA’s regulatory process. Each of the proposed rules clarifies the ESA’s scope and reduces regulatory burdens on small entities by eliminating duplicative requirements. Advocacy recommends the FWS further protect small entities by conducting a full Regulatory Flexibility Act (RFA) analysis for all future critical habitat designations.
COMMENT LETTER
Endangered and Threatened Wildlife and Plants
(PDF, 262 KB)
CONTACT: Nick Goldstein
EMAIL: nick.goldstein@sba.gov
TOPIC(S): Letters to Agencies
TAG(S):
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