Federal Agencies Revise Endangered Species Act Listing Petition Process

On September 27, 2016, the United States Fish and Wildlife Service and the National Marine Fisheries Service (collectively, "the Services") published a final rule finalizing changes to the regulations concerning listing and de-listing petitions under the Endangered Species Act ("ESA"). The revisions clarify and enhance the procedures by which the Services evaluate these petitions under section 4(b)(3) of the ESA.  The Services initially proposed revisions to the petitions process in May 2015, but narrowed the revisions in a re-proposal issued in April 2016.  The rule becomes effective October 27, 2016.

Specific revisions include a measure to improve engagement with state wildlife agencies. Petitioners will now be required to notify each state wildlife agency in which the species occur at least 30 days before submitting the petition to the Services.  This notification will allow states to provide the Agencies with relevant information to inform their review of the