4(d) Rule

Section 4(d) of the federal Endangered Species Act (ESA) directs the US Fish and Wildlife Service to issue regulations deemed “necessary and advisable to provide for the conservation of threatened species.” It allows the Service to promulgate special rules for species listed as threatened (not endangered) that provide flexibility in implementing the ESA. 4(d) rules are used to target the take prohibitions to those that provide conservation benefits for the species. This targeted approach can reduce ESA conflicts by allowing some activities that do not harm the species to continue, while focusing the Service’s efforts on the threats that make a difference to the species’ recovery.