Proposed Endangered Species Act Rule Changes Pose Major Risks to Birds

Weakened ESA Would Leave At-risk Species Vulnerable to Further Declines

ʻIʻiwi. Photo by Bryan Shirota.

Proposed Endangered Species Act Rule Changes Pose Major Risks to Birds

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Today, the federal government announced proposed rules that would severely weaken the Endangered Species Act (ESA), one of the most effective laws ever enacted to prevent extinctions.

Described as a means to increase resource development and economic growth, the proposed rules erode keystone sections of the ESA. One of the changes would require economic considerations to weigh heavily in listing decisions. “The ESA has been extraordinarily successful in preventing extinctions, but if economic impacts become a major consideration, that success could come to an end,” said Michael J. Parr, President of American Bird Conservancy (ABC).

Another proposed rule would undo section 4(d) of the ESA, which presently allows for species listed as “threatened” to receive many of the same considerations as those listed as “endangered.” Rescinding this part of the ESA could push more species towards extinction, ultimately requiring more time, resources, and funds to pull a species back from the brink.

“How do we stop species from becoming endangered if we don’t offer them recovery solutions until they’re facing extinction? It’s difficult to see how this could benefit either the species or the economy,” said Hardy Kern, Director of Government Relations for ABC.

Proposed changes to section 4 of the ESA would make it next to impossible for federal agencies to designate currently unoccupied areas as critical habitat. “This change will limit a species’ ability to move or expand its range as its population grows,” said Kern. “How can species recover if they can’t expand their populations into new habitat? As a result of this change, we’ll likely see more imperiled species unable to reach their full recovery potential.”

“The Endangered Species Act has been extraordinarily successful in preventing extinctions since being signed into law over 50 years ago,” said Kern. ”These substantive changes to the ESA will likely mean extinction for species currently on the brink. Endangered birds like the Kiwikiu (Maui Parrotbill) in Hawai’i, Threatened birds like Hawai’i’s ‘I’iwi and the Florida Scrub-Jay, and those that may need future ESA protections, like the Golden Eagle, could all be significantly impacted by these changes.”

“This is not the time to reduce protections for birds and other wildlife,” Parr said. “As revealed in the 2025 State of the Birds report, many of our bird populations are in decline. Without strong protections, some of today’s threatened species may well become extinct.”

The draft rules will be available for 30 days to enable the public to comment. This statement will be updated with a link that enables individuals to express their concerns to elected officials.

American Bird Conservancy

American Bird Conservancy (ABC) takes bold action to conserve wild birds and their habitats throughout the Americas. Inspired by the wonder of birds, we achieve lasting results for the bird species most in need while also benefiting human communities, biodiversity, and the planet’s fragile climate. Our every action is underpinned by science, strengthened by partnerships, and rooted in the belief that diverse perspectives yield stronger results. Founded as a nonprofit organization in 1994, ABC remains committed to safeguarding birds for generations to come. Join us! Together, we can do more to ensure birds thrive.

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