The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) announced on May 18 that they are proposing changes to the process in which a species can be petitioned for listing under the Endangered Species Act (ESA). The proposed changes are intended to improve the quality of petitions that are being made, improve the efficiency in processing the petitions, and will increase the opportunity for engagement with state fish and wildlife agencies prior to the submission of a petition. The proposed regulations would require that each petition focus on one only species, as opposed to the multi-species listing petitions that had been allowed in the past, and petitioners would be required to provide all reasonably available, relevant data on the subject species with their petition. Petitioners would also be required to share any petitions that will be made to the FWS with the state fish and wildlife agencies in each state where the species is found at least 30 days before submission. If the state(s) provide data or written comments to the petition, that content must be included with the petition or the petitioner must certify that no comments were made.

Larry Voyles, President of the Association of Fish and Wildlife Agencies, notes, "Consistent with the intent of the ESA that listing decisions be based on the best available science, we appreciate the Service's due recognition of, and requirement to, incorporate the data and information of state fish and wildlife agencies for the formulation of listing petitions."

Comments on the proposed rule are being accepted through July 20.