AASHTO Journal - USFWS Seeks More Feedback on Butterfly Proposal

The U.S. Fish and Wildlife Service is reopening the public comment period for a proposed rule to list the Monarch Butterfly as a threatened species under the Endangered Species Act.

[Above photo by Martin Budd for USFWS]

Issued in December 2024, that USFWS proposal would not only add the Monarch to the list of threatened species covered by the Endangered Species Act but its habitats as well.

The proposed rule includes species-specific protections and flexibilities to encourage conservation of the Monarch under section 4(d) of the ESA. The comment period will be reopened for 60 days, until May 19, to give all interested parties an additional opportunity to comment on the proposed rule.

The agency emphasized in a statement that previously submitted comments do not need to be resubmitted as they are already incorporated into the public record and will be fully considered in the final listing determination.

The American Association of State Highway and Transportation Officials recently sent a letter to Paul Souza, USFWS director, regarding the agency’s proposal to designate the Monarch as an endangered species.

While AASHTO and the state departments of transportation it represents “support the protection of threatened and endangered species and the conservation of their habitat” – stressing that state DOTs have “a long-standing history” of supporting pollinator habitat and implementing pollinator and roadside beautification programs – there are situations where state DOTs need flexibility.

AASHTO highlighted several key issues with the USFWS Monarch endangerment proposal: a “lack of clear and concise details” that can create “ambiguity” for state DOTs due inconsistent interpretations of guidance; the addition of further “layers of review” during the environmental clearance process could lead to project delivery delays and budget uncertainty; and considerations involving “best management practices” for pesticide application, as state DOTs routinely apply pesticides as part of their standard roadside maintenance and vegetation management efforts.