Endangered and Threatened Wildlife and Plants; Regulations for Designating Critical Habitat
Built by the Tribune's code from the Federal Register. No AI wrote this page. Published in the Federal Register July 21, 2026. Document 2026-14629. Updated Nov. 8, 2026.
- What it does
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.
The Fish and Wildlife Service's summary, as published in the Federal Register.
- What changed in the regulation
1 part of Title 50 of the Code of Federal Regulations:
Wording on eCFR: the day before it took effect and from the day it took effect (first part listed).
- Compared with
The Fish and Wildlife Service has published 29 final rules in 2026 so far, compared with 13 in all of 2025.
Counted by the Tribune from Federal Register records since Jan. 1, 2025.
- Before this
1 earlier Federal Register document under regulation identifier 1018-BI76 since Jan. 1, 2025.
- What happens next and when
This rule is effective August 20, 2026.
The agency's dates, word for word.
The record as published
| Document number | 2026-14629 |
|---|---|
| Action | Final rule. |
| Agencies | Interior Department; Fish and Wildlife Service |
| Published | July 21, 2026 |
| Effective date | Aug. 20, 2026 |
| Regulation identifier (RIN) | 1018-BI76 |
| Docket | FWS-HQ-ES-2025-0048 |
| Significant (marked in the Federal Register) | Yes |
Source: the Federal Register (public domain). The document in the Federal Register