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What does this listing propose?
The USFWS announced a proposed rule on Dec. 10, 2024, to list the monarch butterfly as threatened under the Endangered Species Act, including a 4(d) rule, in order to offer federal protections to the species.
"Threatened" is defined as "likely to become endangered in the foreseeable future throughout a significant portion of its range," and "endangered" is defined as "in danger of extinction throughout all or a significant portion of its range."
If the proposed rule had been an endangered listing, there would have been an automatic set of prohibitions. A threatened proposed ruling with an accompanying 4(d) rule allows the USFWS to modify or exempt some prohibitions based on conservation and management needs identified specifically for the monarch.
In the 4(d) rule, the USFWS identifies the need to increase the availability of milkweed and nectar plants, to protect and enhance overwintering habitat, to reduce the negative impacts of pesticides, and to maintain public support for monarch conservation. The USFWS also emphasizes the importance of people in shaping current conservation efforts and indicated its intent with the proposed 4(d) rule is to incentivize voluntary efforts.
For a deeper look into the proposed rule, including implications for Monarch Watch, see our blog post from Director Kristen Baum, "USFWS Proposed Rule: Thoughts and Implications." You can also find snippets of this post further down as answers to these FAQs.
Weren't monarchs already endangered?
In 2021, the International Union for the Conservation of Nature (IUCN), an international environmental network, added the monarch butterfly to the Red List of Threatened Species as "endangered," which was later changed to "vulnerable" in 2023. The monarch has not been listed as "endangered" in the United States.
Why did the USFWS think a proposed rule was necessary for the monarch?
The USFWS reached its decision based on a Species Status Assessment (SSA) for the monarch. An SSA is a risk assessment based on available information and considers both the current status of the species as well as expected future status based on possible scenarios. An SSA is based on the "3 Rs," which are resiliency, redundancy, and representation, or collectively the likelihood a species can maintain wild populations. Based on the SSA, the USFWS estimates that the eastern migratory monarch population (occurs east of the continental divide and migrates from as far north as southern Canada to overwintering sites in central Mexico each year) has declined by approximately 80%, with an extinction probability of 56% to 74% by 2080. The USFWS estimates the western population (occurs west of the continental divide and overwinters along the coast of California) has declined by more than 95% since the 1980s, with an extinction probability of more than 99% by 2080.
Does the critical habitat portion of the 4(d) rule apply to private landowners?
Critical habitat is also designated as part of the proposed 4(d) rule. The critical habitat designation identifies specific areas that are critical for the conservation of the species and may need special management or protection. There is some confusion over what that designation means. Critical habitat only affects federal agency actions, including activities funded by federal agencies or that require authorization by federal agencies, such as permits or licenses. Activities by private landowners are not affected unless federal funding or permitting is involved. In the proposed rule, critical habitat is focused on overwintering areas used by the western monarch population.
How could this proposed listing impact Monarch Watch or other monarch organizations if it goes into effect?
One topic we have been thinking about is the limit of 250 or fewer butterflies placed on scientific research and educational activities. Monarch Watch has several programs to support our education, conservation, and research mission that mean we currently go above that limit, and that would likely apply to other organizations and individuals as well. For example, we have supported a community-science tagging program since 1992, and some of our taggers regularly tag more than 250 monarchs per year, including some organizations and groups that host tagging events. We also provide educational resources and programs that emphasize the monarch life cycle through the inclusion of monarchs in classrooms and other educational settings, and at in-person events. The research programs of individual researchers would also typically exceed that limit, especially if the research requires maintaining a colony of monarchs. At the public hearings on Jan. 14 and 15, 2025, the USFWS emphasized that it is possible these activities could continue, but a permit would be needed. An alternative approach to permits would be to increase the number of monarchs included in the exemption for specific activities or to completely exempt certain activities. These alternative approaches would be more likely to ensure these activities continue without additional regulatory constraints.
Another consideration is the section about vegetation-management activities when monarchs are not present. This section of the proposed rule presumably applies to activities not already provided with an exemption. Exemptions are included for "habitat restoration and management activities, livestock grazing and routine ranching activities, routine agricultural activities and conservation practices, fire management, silviculture and forest management, [and] management of habitat on residential and other developed properties." This section of the proposal might influence milkweed and nectar plant recommendations for settings where management of milkweed and nectar plants may be needed during the growing season when monarchs are likely present. Some of our favorite nectar plants can be on the weedy side and require some work to keep them in their place in garden settings. Many of our milkweed species, including common milkweed, spread via underground rhizomes, so we often recommend planting them in locations where one can limit spread beyond the intended location, especially in urban areas, such as by mowing around the perimeter of the milkweed's designated planting area.
Does this proposed rule change anything right now?
None of the actions included in the proposed rule will take effect until after the USFWS decides whether to list the monarch butterfly. The 90-day comment period is open until March 12, 2025, after which the USFWS will evaluate the comments received and any other relevant new information. The final rule will be posted within a year (by December 12, 2025), and rules typically become effective 30 days after posting. That means that there are no implications for Monarch Watch programs at the present time.
However, depending on what exemptions are included in a final rule, it is possible that Monarch Watch may need to modify some of our programs or obtain permits to continue some of our activities, including our education, conservation, and research programs, with some specifics described in the previous section. It is also possible that people and organizations that host events or activities associated with these programs may need permits, such as those that host tagging events or that regularly tag more than 250 monarchs. Some of these possibilities will depend on the wording used in the final rule and the interpretation of that wording, such as what the phrase "one location or facility" means as it relates to the 250-monarch limit.
What positive impacts could this proposed ruling provide?
It is also important to think about what is included or could be included in the proposed 4(d) rule that will make a positive difference by adding more to monarch-conservation efforts than what is already being done.
For example, our Monarch Waystation Program is approaching 50,000 registered habitats after almost 20 years. We also distributed 100,000 free milkweed plants last year. However, we are still losing more monarch habitat each year than we are gaining through these efforts and others. We need to register 50,000 Monarch Waystations every year (or every few months!) instead of every 20 years, and we need to distribute 1 million or more milkweed plants each year.
We also need to figure out how to get more people involved in monarch-conservation efforts. There are many people dedicated to this mission already, from creating habitat, to participating in community science projects, to raising awareness about monarch-conservation concerns with friends and family. The exciting thing about monarchs is there is something that everyone can do to help them; we just need to figure out how to get everyone involved.
What happens next?
As of Dec. 12, 2024, the proposed listing for the monarch butterfly is now published in the Federal Register, and a 90-day comment period kicked off on that date, where the public can share comments and suggestions regarding the proposed listing. Once the 90-day comment period ends on March 12, 2025, the USFWS will evaluate comments and other information and determine whether to officially list the monarch as threatened under the Endangered Species Act.
How can I submit a comment?
The number of public comments on the monarch's proposed listing is growing - more than 30,000 at the time of this posting! You can view public comments and submit your own here.
Keep in mind best practices when submitting effective comments that will carry weight with the USFWS. You can review tips about submitting effective comments from Regulations.gov. Some of these best practices include offering alternatives, backing up your position with credentials and the most recent scientific evidence, and supporting each of your claims. In the words of Regulations.gov, "one well-supported comment is often more influential than a thousand form letters."
Be sure to submit your comment before March 12, 2025, at 11:59p EDT, after which the comment period will be closed.
What can we do in the meantime?
Continue to support monarchs! And we have plenty of resources to help you:
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