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Data / Federal rules / 2026-14629

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

The Fish and Wildlife Service published this final rule in the Federal Register on July 21, 2026. It took effect on August 20, 2026.

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What the agency says

We, the U.S. Fish and Wildlife Service (FWS or the Service), amend portions of our regulations for section 4 of the Endangered Species Act of 1973, as amended (Act or ESA). Specifically, we 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 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 rule reflects the Service's experience and existing case law. The intended effect of this rule is to provide greater transparency and certainty for the public and stakeholders regarding the 4(b)(2) exclusion process.

Key facts

Document number
2026-14629
Type
Final rule
Action
Final rule
Agency
Interior Department; Fish and Wildlife Service
Published
July 21, 2026
Takes effect
August 20, 2026
Dates
This rule is effective August 20, 2026.
Docket
Docket No. FWS-HQ-ES-2025-0048; FXES11110900000-267-FF09E23000
Regulation ID (RIN)
1018-BI76
Code of Federal Regulations
50 CFR 17
Topics
Endangered and threatened species; Exports; Imports; Plants; Reporting and recordkeeping requirements; Transportation; Wildlife
Significant
Yes, under Executive Order 12866
Pages
22

The document on federalregister.gov PDF

Other documents from the Fish and Wildlife Service

Everything from the Fish and Wildlife Service · Rules on endangered and threatened species · Rules on exports · Rules on imports · Published in July 2026

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.