FWS Withdraws Proposed Rule Addressing Management of National Wildlife Refuge System

On December 19, 2024, FWS withdrew a proposed rule published on February 2, 2024, that proposed new regulations addressing the biological integrity, diversity, and environmental health (BIDEH) of the National Wildlife Refuge System. 89 Fed. Reg. 103761 (Dec. 19, 2024).

These regulations were initially proposed to “provid[e] refuge managers with a consistent approach for evaluating and implementing management actions to protect vulnerable species, restore and connect habitats, promote natural processes, sustain vital ecological functions, increase resilience, and adapt to climate change.” 89 Fed. Reg. 7345 (Feb. 2, 2024). When FWS implemented its current BIDEH policy in 2001, “[t]he Service did not anticipate the extent of climate change impacts on refuge species and habitats or the need to clarify in regulations our interpretation of and authority to implement the BIDEH mandate.” The revised BIDEH policy would clarify the duties and authority of refuge managers dealing with dynamic, rather than baseline, environmental conditions. The rule was withdrawn in response to extensive public comments raising issues FWS had not anticipated.