FWS Proposes Rule to Introduce Experimental Populations Outside of Their Historical Ranges

On June 7, 2022, the U.S. Fish and Wildlife Service (“Service”) issued a proposed rule (“Proposed Rule”) to revise its regulations implementing Section 10(j) of the Endangered Species Act (“ESA”), which facilitates the reintroduction of listed species by authorizing the Service to designate experimental populations. 87 Fed. Reg. 34,625.

The Proposed Rule Removes “Historical Range” Limitation

The purpose of the Proposed Rule is to clearly establish the Service’s authority to introduce an experimental population of a listed species into areas of habitat outside of the species’ historical range. To do this, the Proposed Rule will remove regulatory references to a species’ “historical range.” According to the Service, removing this geographic limitation on experimental populations is necessary to respond to the effects of climate change, which is causing (and is anticipated to cause) “many species’ suitable habitat to shift outside of their historic range.” The Proposed Rule suggests that the Service will consider introducing an experimental population into an area outside of its historical range when climate change, invasive species, or another threat is reducing the ability of habitat within that range to support one or more life history stages of a listed species.  

Comments on the Proposed Rule are due on August 8, 2022.

For more details about experimental populations and insights on the practical impacts of the Proposed Rule, Subscribe to Insights below.

If you have any questions about the Proposed Rule or other issues related to the ESA, please contact Jared Wigginton at jared@goodstewardlegal.com.

 ***

Good Steward Legal is a principles-driven business law office dedicated to protecting and advancing its clients’ interests by providing them with cost-effective, high-quality legal service. Good Steward Legal is proud to be a 1% for the Planet member and signatory of the Law Firm Climate Pledge.