The US Fish and Wildlife Service proposes to revise section 10(j) regulations under the Endangered Species Act (ESA) to better facilitate recovery by allowing the introduction of listed species to suitable habitats outside of their historical ranges in the first Endangered Species Act (ESA) interpretive rule produced under the Biden-Harris administration. Climate change and invasive species are causing habitats within their historical ranges to shift and become unsuitable, therefore the proposed adjustment will aid in the protection and recovery of endangered ESA-listed species in the coming decades.
For decades, reintroducing plants and animals to places where they had vanished has been a common practice in wildlife conservation, and Congress authorized federal agencies to construct experimental populations to aid in that effort in 1982.
“Climate change and the spread of exotic species are posing an ever-greater danger to native biodiversity.” “Now is the moment to act — and use every tool at our disposal,” said Interior Secretary Deb Haaland. “The escalating extinction problem emphasizes the necessity of the Endangered Species Act and conservation activities before irreversible reductions occur.” This endeavor to modernize tried-and-true conservation strategies can assist species on the verge of extinction recover and thrive for future generations.”
Foundational conservation policy must keep pace with corresponding science, which has shown that climate change and invasive species are pushing plants and animals into completely new geographic areas for the habitat needed for their continued survival. Improving the ESA’s experimental population regulations will prevent more species from becoming stranded when conditions change in their current habitat and help establish them in more suitable habitats given these rising threats.
“Recovering species and averting extinction will necessitate imaginative, proactive, science-based policies and conservation efforts to address the mounting impacts of climate change and invasive species before it’s too late,” said Service Director Martha Williams. “To tackle these expanding difficulties, the Service remains committed to working with our various state, local, and tribal partners, and recognizes the need of locally driven, partnership-based solutions in the coming years.”
When a new population of an ESA-listed species needs to be established outside of its current range, the Service uses experimental populations as a recovery tool. This method helps to conserve the species by allowing new populations to be established while simultaneously reducing regulatory limitations for affected partners. The creation of an experimental population necessitates a rulemaking process that includes publishing the rule in the Federal Register and allowing the public to see and comment on it. Several listed species, including California condors, whooping cranes, and Sonoran pronghorns, have benefited from experimental populations. In addition, we are considering introducing the Guam kingfisher outside its historical range. The species currently cannot be reintroduced to its former habitat on Guam because of the presence of brown tree snakes.
The Biden-Harris administration’s America the Beautiful plan prioritizes halting the extinction catastrophe. By 2030, this locally driven and voluntary project intends to save, link, and restore 30 percent of the United States’ lands and waters, while also boosting wildlife habitat and biodiversity.
The Service would be able to introduce an experimental population of an ESA threatened or endangered species into suitable habitat outside of its current range and likely historical range under today’s proposed modifications. The amended regulation will not alter the rulemaking process for establishing a 10(j) experimental population or require existing experimental populations to be reevaluated.
Scientists have already seen animals react to climate change, with some species and ecosystems losing habitat as a result of rising temperatures, changing rain and snow patterns, sea level rise, and increased frequency and intensity of drought and wildfires. The Mount Rainier ptarmigan, found in Washington state, Montana stoneflies, and the emperor penguin, found in Antarctica, are among these species. Existing dangers to plants and wildlife, such as disease and invasive species, have been increased by climate change. As mosquitoes move upslope in Hawaii, increasing temperatures are accelerating the spread of avian malaria among some of the world’s most endangered animals.
Coastal marshes of Maryland’s Blackwater National Wildlife Refuge are being overrun by the invasive grass phragmites, a problem exacerbated by rising sea levels, resulting in habitat loss for endangered species like the saltmarsh sparrow.
Other small amendments are also being proposed by the Service in order to make the requirements more clear. We’ll take feedback from everyone who’s interested through August 8, 2022. Please keep in mind that the deadline for submitting an electronic remark on this date is 11:59 p.m. Eastern Standard Time if you are using the Federal eRulemaking Portal. FWS-HQ-ES-2021-0033 should be typed into the search box.
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