Data / Federal rules / 2025-20550

Endangered and Threatened Wildlife and Plants; Regulations for Designating Critical Habitat

The Fish and Wildlife Service published this proposed rule in the Federal Register on November 21, 2025. Comments closed on December 22, 2025.

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What the agency says

We, the U.S. Fish and Wildlife Service (FWS or the Service), propose to amend portions of our regulations for section 4 of the Endangered Species Act of 1973, as amended (Act or ESA). Specifically, we propose to revise regulations related to section 4(b)(2) of the Act. Section 4(b)(2) requires consideration of the economic impact, the impact on national security, and any other relevant impact of designating any particular area as critical habitat; and authorizes the exclusion of areas from critical habitat if the benefits of excluding the area outweigh the benefits of designating it as critical habitat. These proposed revisions articulate when and how we determine whether the benefits of excluding an area outweigh the benefits of designating the area as critical habitat (exclusion analysis). This proposed rule reflects the Service's experience and existing case law. The intended effect of this proposed rule is to provide greater transparency and certainty for the public and stakeholders.

Key facts

Document number: 2025-20550
Type: Proposed rule
Action: Proposed rule
Agency: Interior Department; Fish and Wildlife Service
Published: November 21, 2025
Comments due: December 22, 2025
Dates: Comments must be received by December 22, 2025.
Docket: Docket No. FWS-HQ-ES-2025-0048; FXES11110900000-256-FF09E23000
Regulation ID (RIN): 1018-BI76
Code of Federal Regulations: 50 CFR 17
Topics: Endangered and threatened species; Exports; Imports; Reporting and recordkeeping requirements; Transportation; Wildlife
Significant: Yes, under Executive Order 12866
Pages: 8

The document on federalregister.gov PDF

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Everything from the Fish and Wildlife Service · Rules on endangered and threatened species · Rules on exports · Rules on imports · Published in November 2025

Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.