FR 2024-28855

Overview

Title

Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Monarch Butterfly and Designation of Critical Habitat

Agencies

ELI5 AI

The U.S. Fish and Wildlife Service wants to help protect monarch butterflies by calling them a "threatened species" and setting aside special places just for them to live safely in California. They also want to hear what people think about this idea and have meetings to explain more.

Summary AI

The U.S. Fish and Wildlife Service is proposing to classify the monarch butterfly as a threatened species under the Endangered Species Act. They aim to designate critical habitat areas, particularly in California, to protect these butterflies. Additionally, they plan to allow certain activities, like habitat restoration and conservation efforts, even if they might unintentionally harm some butterflies. Public comments on the proposal will be accepted until March 12, 2025, and informational meetings are scheduled to discuss the details further.

Abstract

We, the U.S. Fish and Wildlife Service (Service), propose to list the monarch butterfly (Danaus plexippus), the iconic orange and black butterfly, as a threatened species and designate critical habitat under the Endangered Species Act of 1973, as amended (Act). We propose to list the monarch butterfly as a threatened species with protective regulations under section 4(d) of the Act (a "4(d) rule"). Finalizing this rule as proposed would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. We also propose to designate critical habitat for the monarch butterfly under the Act. In total, approximately 4,395 acres (1,778 hectares) in Alameda, Marin, Monterey, San Luis Obispo, Santa Barbara, Santa Cruz, and Ventura Counties, California, fall within the boundaries of the proposed critical habitat designation. We also announce the availability of an economic analysis of the proposed designation of critical habitat for the monarch butterfly. We also are notifying the public that we have scheduled two informational meetings followed by public hearings on the proposed rule.

Citation: 89 FR 100662
Document #: 2024-28855
Date:
Volume: 89
Pages: 100662-100716

AnalysisAI

The U.S. Fish and Wildlife Service has put forward a significant proposed rule that seeks to grant the monarch butterfly a status of a "threatened species" under the Endangered Species Act. This proposal, aimed at conserving one of North America's most iconic butterflies, includes designating critical habitat zones primarily focused in California. Such efforts are pivotal as they address the declining population trends and multiple threats faced by the monarch butterfly.

Key Aspects of the Proposal

At the heart of this proposal is the intention to provide more extensive legal protection to the monarch butterfly by classifying it as a threatened species. The designation of critical habitats is crucial because it identifies specific geographical areas essential for the butterfly's conservation, where activities may require special oversight or restrictions to ensure these areas remain viable for the species' survival.

Most interestingly, the proposal includes a Section 4(d) rule, which is a tailored regulation allowing certain activities that might unintentionally harm monarchs. Such activities include habitat restoration efforts and small-scale educational uses (like rearing and releasing butterflies), which are seen as beneficial overall. This nuanced approach aims to strike a balance between necessary protective measures and the practical activities of people working to conserve the species or those engaging with it positively.

Considerations and Concerns

The document is comprehensive but also extremely lengthy and dense with technical and legal language, making it potentially challenging for the average person without specialized knowledge to navigate and grasp fully. The inclusion of technical terms and detailed legal references might obscure understanding and engagement for the general public.

Key issues noted include the potential economic impact, with the document stating consultations could cost up to $290,000 annually. The surrounding justification and breakdown of such costs could be made clearer to assure they are warranted.

Furthermore, while the document discusses essential collaborative and participative efforts for public and private stakeholders, it does not fully address how innovative or more cost-effective measures could further aid the conservation of the butterflies.

Impact on the Public and Stakeholders

For the general public, the proposed rule underscores the importance of biodiversity and seeks to foster greater community involvement in conservation efforts. However, the complex nature of the report may deter engagement, underscoring the need for simpler communications to encourage public participation.

Specific stakeholders, such as farmers and conservation groups, may experience both positives and negatives from this proposal. On one side, they might face new regulations impacting land use; conversely, in complying with these rules, they could engage in conservation partnerships that provide mutual benefits, such as ecosystem services and improved land health.

Government and private entities involved in real estate and development might find the designation of critical habitats occasionally restrictive, particularly in areas earmarked for urban expansion. Thus, they would need to adapt and potentially seek new compliance pathways.

Concluding Thoughts

In conclusion, while the proposal by the U.S. Fish and Wildlife Service is an earnest step towards monarch butterfly conservation, its complexity highlights the need for clear communication. An emphasis on simplifying legal jargon and encouraging broader public discourse could contribute significantly to the success of this initiative. Stakeholders are invited to actively participate in providing feedback, a process made more meaningful if precedented by greater accessibility to the report's intricacies. The balance of conservation with societal and economic practices remains a key theme reflective of broader trends in environmental policy-making.

Financial Assessment

The document under consideration is a proposed rule by the U.S. Fish and Wildlife Service to list the monarch butterfly as a threatened species and designate critical habitat under the Endangered Species Act. The financial aspects of this proposal relate primarily to the potential costs associated with the implementation and administration of this habitat designation.

Economic Impact Analysis

The economic analysis included in the proposed rule emphasizes that the critical habitat designation should not have an economic effect exceeding $200 million in any given year, aligning with the criteria for a significant regulatory action under Executive Order 12866. The cost of addressing critical habitat as part of consultations may range between $42,000 and $290,000 per year. This cost range reflects the anticipated administrative expenses associated with consultations triggered by critical habitat designation. Additionally, the cost to private entities involved in related sectors is expected to be minor, estimated at less than $3,500 per consultation effort. The annual administrative burden, therefore, is unlikely to reach the $200 million threshold.

Funds and Thresholds

The analysis references several financial thresholds to evaluate whether the rule constitutes a significant action. Aside from the $200 million threshold, there is mention of the $100 million benchmark in the context of the Unfunded Mandates Reform Act, which this rule does not anticipate reaching. In terms of business size classification, small entities are defined using specific financial criteria, such as annual sales less than $750,000 for agricultural businesses and various revenue brackets for other industries.

Implications on Small Entities

The rule acknowledges that federal agencies are not small entities, thus the direct financial impact primarily concerns these agencies. Yet, the document highlights that the designation is unlikely to have a significant economic impact on a substantial number of small entities or small government jurisdictions due to the limited scope and scale of the financial implications discussed.

Concerns Related to Financial References

One of the key issues identified in this document is the complexity and density of the language, which could limit public engagement and comprehension of financial implications. The document discusses several financial thresholds and costs in a manner that might require expert knowledge to fully understand, potentially restricting broad public participation or feedback on financial aspects. Further justification or breakdown of the costs mentioned, such as the $42,000 to $290,000 range for consultations, might enhance public understanding and credibility of the economic analysis.

Overall, the financial commentary in the document meticulously quantifies potential economic impacts and aligns with established financial safeguards. However, more straightforward exposition could strengthen public insight and facilitate more inclusive engagement in the decision-making process.

Issues

  • • The document is very lengthy and dense, which may make it difficult for the general public to fully understand the proposed rule and its implications.

  • • There is a lot of technical language and legal jargon that could be simplified or clarified for better public understanding.

  • • The economic analysis mentions consultations involving costs ranging from $42,000 to $290,000 per year, which may need further justification or breakdown to ensure all expenses are necessary and reasonable.

  • • The language used in the proposed rule and critical habitat designation is highly detailed and may require expert knowledge to comprehend fully, potentially limiting public participation and feedback.

  • • The proposal includes numerous specific exemptions under the 4(d) rule, which may complicate understanding for those who must comply or monitor compliance.

  • • The document relies heavily on internal assessments like the SSA report, which are referenced but not necessarily accessible or clear to all stakeholders reviewing the rule.

  • • While the document outlines various conservation efforts, it may not sufficiently consider other innovative or cost-effective measures that could be implemented to protect the monarch butterfly.

  • • The document repeatedly mentions the importance of public participation but may not provide clear avenues or encourage new ideas from the public for monarch conservation.

  • • Potential overlaps or inefficiencies in coordination between various agencies and organizations involved in monarch butterfly conservation efforts are not deeply explored or addressed.

Statistics

Size

Pages: 55
Words: 54,683
Sentences: 1,449
Entities: 3,494

Language

Nouns: 17,805
Verbs: 4,633
Adjectives: 4,257
Adverbs: 1,171
Numbers: 2,067

Complexity

Average Token Length:
5.04
Average Sentence Length:
37.74
Token Entropy:
6.33
Readability (ARI):
25.03

Reading Time

about 3 hours