The USFWS announced a proposed "threatened" ruling for the monarch butterfly under the Endangered Species Act (ESA). This proposal is a pivotal moment for monarch conservation, as it is a stepping stone for federal protections. You can view the proposal here: https://www.fws.gov/media/threatened-species-status-section-4d-rule-monarch-butterfly-and-designation-critical-habitat?blm_aid=64314484

Now that a proposal has been put forth, a formal process will follow. Below are the next steps in the ESA listing process. 

Public Comment Period

• Second 60-day public comment period closes on May 19, 2025- The USFWS proposed rule in the Federal Register opens a public comment period. The proposal outlines the listing and additional provisions, with a proposed 4(d) rule and critical habitat designation. 

• • USFWS seeks input from farmers, landowners, Native American Tribes, the scientific community, and all interested parties

  • The USFWS would like comments on the additional regulations with the proposed 4(d) rule and critical habitat designation. 

  • To officially share your input on the proposed monarch butterfly listing under the ESA, submit your comment by March 12, 2025 at https://www.regulations.gov or mail it postmarked by the deadline to: Public Comments Processing, Attn: FWS-R3-ES-2024-0137, U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.

“Tips for Submitting Effective Comments” posted by the Forest Service on Regulations.gov. Some important points from that document are 1) state the issue(s) within the rule that you are commenting on, 2) provide clear and concise comments including, 3) include pros, cons, trade-offs, examples, explanations, alternatives, etc., when relevant, 4) include a description of your background and qualifications to provide context for your comment(s), and 5) a well-written comment may be more effective than many form letters. 

One Year Review

• One year to review- The USFWS has one year to review the comments, input and scientific data before making a final decision. The options include listing the monarch as “endangered” or “threatened” or deciding not to list the species. If the monarch is listed as threatened, the USFWS may also finalize the 4(d) rule, which could offer exceptions for certain activities that contribute to the conservation of the species. Additionally, the agency may finalize the designated critical habitat for monarchs.

  • Learn more about section 4(d) rules here. 

  • Learn more about critical habitat here. 

Final Ruling

• Final rule- Once the final rule is published in the Federal Register, it becomes effective 30 to 60 days later. If the monarch is officially listed, it will be afforded protections under the ESA. These protections include prohibitions on harming, harassing, or killing the species, though the finalized 4(d) rule may provide certain exceptions. The listing will also trigger the development of recovery plans and habitat conservation efforts to ensure the monarch's survival and the restoration of its habitats.