FAQs

The monarch butterfly has been proposed for listing as "threatened" under the Endangered Species Act (ESA). This is not a final decision but an important step in evaluating whether the species needs federal protections to ensure its survival. A final decision will be made one year after the proposal and 90-day comment period. 

This decision acknowledges that the monarch butterfly is likely to become endangered in the foreseeable future throughout all or a significant portion of its range. With threatened species status, a 4(d) rule outlines flexibilities or exemptions in regulation for certain practices while critical habitat acknowledges areas vital for monarch survival and recovery. This is a call to action for everyone to proactively conserve and protect monarchs and their habitats to support population recovery.

1. Under the Endangered Species Act (ESA), the 4(d) rule plays a role in defining specific flexibilities or exemptions for “threatened” species. It can allow for more flexibility in management practices as opposed to blanket protections typically required for endangered species under section 9 of the ESA.

2.  A 4(d) rule defines certain practices or land uses that do not do significant harm to the species and are thereby exempt from certain regulations. For example, the proposed 4(d) rule outlines certain habitat management practices that are important for maintaining habitat quality, but may inadvertently cause harm to individual monarchs using the habitat at the time of management. 

3. For more in-depth Q&A on the 4(d) rule, visit: https://www.fws.gov/question-answer/questions-and-answers-monarch-4d-rule

1. Prohibitions under the ESA include:

   • importing or exporting; 

   • “take”; 

   • possession and other acts with unlawfully taken specimens; 

   • delivering, receiving, carrying, transporting, or shipping in interstate or foreign commerce in the course of commercial activity; or 

   • selling or offering for sale

2. The proposed prohibitions would apply throughout the species’ historical range, on both public and private lands in the contiguous United States, Puerto Rico, and U.S. Virgin Islands.

3.  Exceptions under 4(d) rule include take associated with:

   • Activities that may maintain, enhance, remove or establish milkweed and nectar plants within the breeding and migratory range that do not result in conversion of native or naturalized grassland, shrubland or forested habitat

   • Implementation of conservation plans developed by state or federal agencies

   • Maintaining or improving monarch overwintering habitat in the United States when following an approved management plan 

   • Vehicle strikes 

   • Non-lethal collection, possession, captive-rearing, and release of 250 or fewer monarchs per year

   • Non-lethal scientific research and educational activities involving 250 or fewer monarchs per year

   • Possession of dead monarchs

   • Sale of 250 or fewer captive-reared monarchs

4. Exceptions for take associated with activities that may maintain, enhance, remove or establish milkweed and nectar plants within the breeding and migratory range that do not result in conversion of native or naturalized grassland, shrubland or forested habitat:

   • Habitat restoration and management activities to sustain monarch butterfly habitat

   • Livestock grazing and routine ranching activities

   • Routine agricultural activities on lands already in use for agricultural production

   • Fire management actions

   • Forest management activities

   • Maintenance, enhancement, removal and establishment of milkweed and nectar plants on residential properties

   • Vegetation management activities that remove milkweed and/or nectar plants when conducted at times of year when monarchs are not likely present

5. For more in-depth Q&A on the 4(d) rule, visit: https://www.fws.gov/question-answer/questions-and-answers-monarch-4d-rule

1.  You may collect, possess, captively rear, release, and sell fewer than 250 individual monarchs at one location or facility (e.g., home, botanical garden, school, or business)

2. If handling greater than 250 monarchs in a given year, you will need to apply for a permit from the U.S. Fish and Wildlife Service.

3. A permit from USDA-Animal and Plant Health Inspection Service (APHIS) is required for the importation, interstate movement, and environmental release of butterflies, including monarchs. In addition, APHIS does not allow the movement of monarchs across the Continental Divide for environmental release. 

4. The exceptions in this proposed 4(d) rule do not apply to clustering monarchs. Do not collect or handle overwintering and clustering monarchs as this can spread disease and can impact the population and species ability to migrate or to survive the winter.

5. For more in-depth Q&A on the 4(d) rule, visit: https://www.fws.gov/question-answer/questions-and-answers-monarch-4d-rule

1. Under the Endangered Species Act (ESA), critical habitat is a tool to help endangered and threatened species recover. The U.S. Fish and Wildlife Service (USFWS) identifies specific areas that are essential for the conservation of that species. For migratory monarchs, that includes 4,395 acres (1,778 hectares) across Alameda, Marin, Monterey, San Luis Obispo, Santa Barbara, Santa Cruz, and Ventura counties. For the survival and recovery of the western monarch, overwintering habitat along California’s coast. 

2. Critical habitat designation highlights areas with physical or biological features crucial for a species’ survival and reproduction, and it can even include unoccupied areas if necessary. It also helps to prioritize areas essential for recovery and guides federal actions for activities requiring a federal permit, license, or funding that could modify or destroy critical habitats.

3. It does not affect private land unless there is federal funds or permitting required, nor does it establish conservation preserves or grant the government authority to take or manage private property.

4. Breeding and migratory areas are not included in the proposed critical habitat. 

5. For more in-depth Q&A on the critical habitat, visit: https://www.fws.gov/question-answer/questions-and-answers-monarch-critical-habitat

1. Provide Public Input: Participate in the 90-day public comment period to share insights, ask questions, or express concerns about the proposed listing and rules.

2. Create Habitat: Plant milkweed and nectar-rich native plants to support monarchs during their lifecycle.

3. Adopt Sustainable Practices: Reduce pesticide use and follow integrated pest management strategies that protect pollinators.

4. Join Conservation Programs: Engage with zoos and aquariums or other initiatives to restore monarch-friendly landscapes and support for conservation efforts.

5. Support Monitoring Efforts: Contribute to community science projects like Monarch Larva Monitoring Project, Monarch Watch, Southwest Monarch Study, Western Monarch Count, Project Monarch Health, Integrated Monarch Monitoring Program, or Journey North to help track monarch populations and migration patterns. 

• No Immediate Restrictions: As this is a proposed listing, there are currently no new regulatory requirements. If the listing is finalized, routine activities (e.g., conservation land management, agricultural production, gardening, etc.) may be exempted under the proposed 4(d) rule.

• Focus on Voluntary Actions: Landowners can participate in existing programs that support monarch-friendly practices, such as planting milkweed or managing land for pollinators.

• Incentives for Conservation: ESA funding is not specific to each individual listed species. If the monarch proposal becomes law, existing ESA funding support mechanisms would then include monarch conservation activities in addition to those of other previously listed species. 

• Community Empowerment: Fosters opportunities for individuals, schools, businesses, and local governments to engage in conservation through habitat creation and advocacy.