Fish And Wildlife Service Proposes Delisting Apache Trout

On August 11, 2023, the U.S. Fish and Wildlife Service (Service) published a proposed rule to delist the Apache trout (Oncorhynchus apache) under the Endangered Species Act (ESA) due to the species' recovery. The Apache trout, the state fish of Arizona, is a species of freshwater fish that is found primarily in the mountain region of southeast Arizona. This species was initially listed as an endangered species under the ESA in 1967. Then, in 1975, the Service downlisted the species to threatened status. The ESA defines a threatened species as one that is "likely to become endangered in the foreseeable future throughout all or a significant portion of its range."

The regulations implementing the ESA provide for three circumstances when a species shall be delisted: "(1) the species is extinct; (2) the species does not meet the definition of an endangered or a threatened species; and (3) the listed entity does not meet the definition of a species." The Service