Listing

The listing program covers section 4 of the Endangered Species Act which provides for the determination of whether a species should be listed as threatened or endangered and the designation of critical habitat for species which are listed. Private individuals or organizations can petition the Service to list, delist or change the status of a species. Upon the receipt of the petition we must follow a set process and a strict legal procedure. If the petition meets legally established criteria, we accept it and notify the petitioner. Search our database for regulatory information about a listed species

90-day findings

Within 90 days, we decide whether the requested action is supported by substantial information and publish a 90-day finding in the Federal Register. Section 4(B)(3)(B) of the Endangered Species Act set requirements for addressing petitions which present substantial information within 12 months.

“If such a petition is found to present such information, the Secretary shall promptly commence a review of the status of the species concerned.” “Within 12 months after receiving a petition that is found under subparagraph (A) to present substantial information, the Secretary shall make one of the following findings:
          (i) The petitioned action is warranted, in which case the Secretary shall promptly publish such finding in the Federal Register.
            (ii) The petitioned action is not warranted in which case the Secretary shall promptly publish in the Federal Register a general notice and the complete text of a proposed regulation to implement such action in accordance with paragraph (5).
            (iii) The petitioned action is warranted but that –
(I) The immediate proposal and timely promulgation of a final regulation implementing the petitioned action in accordance with paragraphs (5) and (6) is precluded by pending proposals to determine whether any species is an endangered species or a threatened species, and
(II) expeditions progress is being made to add qualified species to either of the lists published under subsection (c) and to remove from such lists species for which protections of the Act are no longer necessary.
In which case the Secretary shall promptly publish such finding in the Federal Register, together with a description and evaluation of the reasons and data on which the finding is based.”

12-month status reviews

If a petition is found to present substantial information, within 12 months of receiving the petition, we decide whether listing the species as threatened or endangered is warranted, not warranted, or warranted but precluded by proposals for other, higher-priority listing actions.

Section 4(B)(3)(B) of the Endangered Species Act set requirements for addressing petitions which present substantial information within 12 months.

“If such a petition is found to present such information, the Secretary shall promptly commence a review of the status of the species concerned.” “Within 12 months after receiving a petition that is found under subparagraph (A) to present substantial information, the Secretary shall make one of the following findings:
          (i) The petitioned action is warranted, in which case the Secretary shall promptly publish such finding in the Federal Register.
            (ii) The petitioned action is not warranted in which case the Secretary shall promptly publish in the Federal Register a general notice and the complete text of a proposed regulation to implement such action in accordance with paragraph (5).
            (iii) The petitioned action is warranted but that –
(I) The immediate proposal and timely promulgation of a final regulation implementing the petitioned action in accordance with paragraphs (5) and (6) is precluded by pending proposals to determine whether any species is an endangered species or a threatened species, and
(II) expeditions progress is being made to add qualified species to either of the lists published under subsection (c) and to remove from such lists species for which protections of the Act are no longer necessary.
In which case the Secretary shall promptly publish such finding in the Federal Register, together with a description and evaluation of the reasons and data on which the finding is based.”

Critical habitat

When species are listed as threatened or endangered, the habitats or ecosystems upon which they depend are described. The Service must, in most cases, officially designate specific areas as critical habitat for a species when listing it.

National FWS Critical Habitat Information

List of all species with critical habitat