The U.S. Fish and Wildlife Service (USFWS) announced on December 12, 2024, its intention to list the monarch butterfly (Danaus plexippus) as threatened under the Endangered Species Act (ESA), a move that will have major implications for land management and development. This is a much-anticipated step in safeguarding the iconic pollinator. It has implications for the regulated community at large given that the USFWS models routinely identify monarch butterfly populations or predict potential habitat in project sites across the US, from transportation and utility infrastructure to homebuilding and commercial development. Note, the proposed rule does not immediately list the monarch butterfly under the ESA but does start the typically one-year process resulting in a final rule. The final listing from the USFWS is expected in late 2025.
Why Is This Happening?
The threatened listing follows years of declining monarch populations, driven by habitat loss, climate change, pesticide/insecticide use, and dwindling nectar and milkweed resources that are necessary for the monarch’s life cycle.
What Impact Can This Listing Have?
The proposed listing is accompanied by a 4(d) rule and designated critical habitat (in coastal California) for the species. The listing under the ESA prohibits “take” of the species, while the 4(d) rule provides exemptions for certain activities. Take is defined in the Endangered Species Act as “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct”.
This proposed 4(d) rule includes provisions that allow exemptions for activities that can positively contribute to quality habitat and maintaining public support for monarch butterfly conservation. Those include implementation of comprehensive conservation plans; and some land use activities (agriculture, livestock/ranching, silviculture and residential maintenance) that may maintain, enhance, remove, or establish milkweed and nectar plants within the breeding and migratory range that do not result in conversion of native or naturalized grassland, shrubland, or forested habitats. There is also an exemption for vehicle strikes.
Why Is This Important?
The USFWS proposed listing does not appear to offer exemptions for many development and management activities in the lower 48 states. As such, project proponents will be faced with new limitations and additional environmental protection measures consistent with achieving monarch species recovery goals.
Some details are not yet defined, including the definition of quality habitat locations, limits to management activities, protection measures, and pesticide usage. However, the proposed listing expressed that comprehensive conservation plans and programs like the Monarch Candidate Conservation Agreement with Assurances (CCAA) would play a significant role in helping to restore and protect monarch butterfly habitats. The USFWS has said it will provide more information on the comprehensive conservation plans in the coming year.
While the proposed listing did not go into detail on the requirements for comprehensive conservation plans or specific conservation measures, they may be similar to those seen in other pollinator programs (including the Monarch CCAA), related to:
- Time of year restrictions (conducting activities when the monarch is not present);
- Incorporating milkweed in supplemental seeding and habitat enhancement activities;
- Targeted vegetation management practices; and
- Idle lands management (suitable habitat lands managed without annual efforts for the benefit of the monarch.)
What Happens Next?
The proposed rule does not immediately list the monarch butterfly under the ESA but does start the typically one-year process resulting in a final rule.
The USFWS is collecting public comments on the proposed listing through March 12, 2025.
Davey Resource Group (DRG) will be monitoring this process and will provide updates in future newsletters.
Steps To Take Now
Provide Comments
Consider providing comments that relate to your experience and industry during the open comment period, particularly those relating to the undefined details listed above. The comment portal and comment guidance can be found on Regulations.gov when you search for docket FWS-R3-ES-2024-0137.
Public comments must be submitted no later than March 12, 2025
Develop Your Strategy
This is a good time to evaluate which current and future projects may be subject to changes upon final listing. DRG can work with you and your project team to assess potential monarch butterfly habitat and concerns, and the possibility of your project impacting habitat or individuals. Additionally, consider providing comments to USFWS regarding the proposed listing and 4(d) rule prior to the March 12, 2025 deadline.
Work With DRG
DRG and its subsidiary, Wetland Studies and Solutions, Inc. (WSSI), have a history of helping clients navigate new species listings, including the bat listings in recent years. Our team has been part of the Monarch CCAA program since its beginning in 2020, working with clients on implementing monarch protection measures and maintaining their standing in the first-of-its-kind voluntary program.
Our staff are prepared to help you determine how the proposed listing may impact your current and future projects. To learn more, contact your local DRG office.
Article Contributors:
Cheryl Daniels, Principal Consultant, Davey Resource Group Northern Ohio
Angela Burdell, Associate Consultant, Davey Resource Group Northern Ohio
Dan Williams, Project Developer, Davey Resource Group
Mike Smith, ROW Environmental Stewardship and Sustainability Manager, WSSI
