Client Alert: Southeast U.S. Wood Stork Removed from Endangered Species List

The U.S. Fish and Wildlife Service (Service), is removing the Southeast U.S. distinct population segment (DPS) of the wood stork (Mycteria americana) from the Federal List of Endangered and Threatened Wildlife. The Service reviewed  the best scientific and commercial data available, and found that delisting the species is warranted. They found that the threats to the wood stork have been eliminated or reduced to the point that the species no longer meets the definition of an endangered species or threatened species under the Endangered Species Act of 1973, as amended (Act). Accordingly, the prohibitions and conservation measures provided by the Act, particularly through sections 4 and 7, will no longer apply to the Southeast U.S. DPS of the wood stork. This rule is effective March 12, 2026.

This will significantly change consultation efforts for projects going through Section 7 consultation and mitigation requirements here in Florida, particularly for U.S. Army Corps of Engineers 404 permitting. The Service is working on updates to their website to guide the regulated public on the applicability of the Migratory Bird Treaty Act requirements for the wood stork which will remain in place. In addition, the Florida Fish and Wildlife Conservation Commission which has regulated the species due to it being federally listed will also lose that authority.

The impacts of this delisting will be an ongoing discussion as we see how the agencies that have incorporated protection of the wood stork and its habitat into their permitting processes moving forward.

If you have any questions, email us at info@llw-law.com or click here for more information.