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USFWS Releases New Agenda for Wildlife Program Regulatory Changes

What Happened

The U.S. Fish and Wildlife Service (USFWS) released an updated agenda for making regulatory changes to its wildlife programs under the Endangered Species Act, Migratory Bird Treaty Act, and Bald and Golden Eagle Protection Act. The updated agenda identifies anticipated actions in 2023, such as proposed or final rules, that would change permitting and compliance processes for our big three wildlife laws.

What to Watch

Anticipated Rule Changes

Enhancement and Survival and Incidental Take Permits (ITPs): Revisions to regulations that implement Section 10 of the ESA and authorize take for non-federal actions

  • See Proposed Rule

Incidental Take of Migratory Birds: Clarifying that incidental take of migratory birds that results from but is not the purpose of an activity is prohibited under the Migratory Bird Treaty Act and introducing a new permit program to authorize incidental take of migratory birds

  • Notice of Proposed Rule Making anticipated March 2023
  • Final Rule anticipated November 2023

Interagency Cooperation (Section 7 of the Endangered Species Act [ESA]): Revise portions of the regulations published in August 2019, that implement Section 7 of the ESA

  • Proposed Rule anticipated June 2023
  • See August 2019 Final Rule

Regulations for Federally Listing and Delisting Species and Designating Critical Habitat: Procedures, criteria, and language clarification on…

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