WASHINGTON— The U.S. Fish and Wildlife Service today proposed to designate critical habitat for the rusty patched bumblebee under the Endangered Species Act, awarding long overdue protections to places the critically endangered bee calls home.

The proposal includes approximately 1.6 million acres across 33 counties in Illinois, Iowa, Minnesota, Virginia, West Virginia and Wisconsin. Although most of the proposed acreage is on private land within urban areas, the critical habitat designation will only affect activities funded or authorized by a federal agency.

Today’s designation is the result of a lawsuit filed in 2021 by NRDC, the Center for Biological Diversity, and Friends of Minnesota Scientific and Natural Areas, which successfully challenged the Service’s 2020 decision denying critical habitat for the species.

Critical habitat designation is a crucial tool under the Endangered Species Act, requiring federal agencies to ensure their actions do not destroy or damage areas essential for species’ survival. The bee, once common throughout the northeastern and midwestern United States, now survives largely in isolated populations mostly in the upper Midwest that are threatened by habitat loss, pesticides, parasites and disease.

“This decision represents a vital step forward for one of America’s most endangered pollinators,” said Lucas Rhoads, senior attorney for pollinators and pesticides at NRDC (Natural Resources Defense Council). “The rusty patched bumblebee has already vanished from nearly 90% of its historical range, and we cannot afford further delays in protecting high-quality habitat that can save the bee from extinction. We look forward to this proposal being finalized as soon as possible.”

“This is a really important and exciting development because we can’t make sure rusty patched bumblebees will survive and recover unless we protect the places they live,” said Lori Ann Burd, environmental health program director at the Center for Biological Diversity. “These once common bumblebees are now increasingly rare. They deserve the full scope of protections they’re entitled to under the Endangered Species Act, which says extinction is not an option. We’re going to fight to make sure this is what they get.”

“On behalf of Friends of Minnesota Scientific and Natural Areas, I thank the Fish and Wildlife Service for deciding to establish critical habitat for the rusty patched bumblebee. Minnesota is one of the bee’s last strongholds,” said Tom Casey, board chair at Friends of Minnesota Scientific and Natural Areas. “It is not only endangered under federal law; the bee is designated as Minnesota’s ‘state bee and is endangered under Minnesota state law. To avoid extinction, critical habitat is essential for the bee’s recovery.”

Background:

Today’s decision marks the latest development in a long-running legal effort to protect the rusty patched bumblebee and its habitat, beginning with a pair of lawsuits to secure the bee’s 2017 listing as endangered. In 2020 the U.S. Fish and Wildlife Service decided not to designate critical habitat for the bee, claiming such protection would provide no benefit to the bee.

NRDC, the Center for Biological Diversity, and the Friends of Minnesota Scientific and Natural Areas challenged this decision and a federal court in Washington, D.C. ruled in their favor, rejecting the Fish and Wildlife Service's reasoning and setting aside its unlawful decision. The parties in the lawsuit then reached an agreement requiring the Service to revise its determination by November 20, 2024.