American Burying Beetle: Endangered Species Laws & Regulations 2026

Table of Contents#

1. Quick Overview of the Endangered American Burying Beetle
2. Federal Laws & Protections
3. State-Specific Regulations
4. Compliance Requirements for Individuals & Industries
5. Penalties for Regulatory Violations
6. 2020–2025 Regulatory Timeline
7. How You Can Support Conservation Efforts
8. References

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Quick Overview of the Endangered American Burying Beetle#

Before diving into regulations, it is helpful to understand key facts about the species that inform legal protections:

• Size: 1 to 1.8 inches long, the largest carrion beetle in North America
• Distinct markings: Two bright orange bands on its wing covers, an orange patch on its pronotum (upper back), and orange markings on its face
• Breeding season: May through August across most of its range, when beetles are most active and most vulnerable to habitat disturbance
• Current range: Wild populations exist in 10 U.S. states: Oklahoma, Arkansas, Nebraska, Kansas, Texas, South Dakota, Missouri, Rhode Island, Massachusetts, and Ohio (reintroduced populations in the latter three states)
• Listing status: Downlisted from endangered to threatened under the ESA in October 2020, with a Section 4(d) rule tailoring protections by region. The downlisting was upheld by a federal district court in September 2023 and by the D.C. Circuit Court of Appeals in August 2025

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Federal Laws & Protections#

Federal regulations are the primary layer of protection for the American burying beetle, enforced by the U.S. Fish and Wildlife Service (USFWS) and other federal agencies:

1. Endangered Species Act (ESA) of 1973#

This is the core legal framework for protection. Because the American burying beetle is currently listed as threatened (not endangered), its protections are shaped by both the general ESA framework and a species-specific 4(d) rule:

• Section 4(d) Rule: When USFWS downlisted the beetle to threatened in 2020, it issued a 4(d) rule that tailors take prohibitions by geographic region. All intentional take (harming, harassing, killing, trapping, or collecting) is prohibited everywhere. For incidental take (unintentional harm from lawful activities), the rules vary:
  • Southern Plains (Oklahoma, Arkansas, Kansas): Incidental take is largely exempt from the ESA’s take prohibition, except on specific conservation lands (Fort Chaffee in Arkansas, McAlester Army Ammunition Plant and Camp Gruber/Cherokee WMA in Oklahoma) and outside USFWS-approved conservation plans.
  • Northern Plains (Nebraska, South Dakota) and New England (Rhode Island, Massachusetts): Incidental take from soil disturbance in suitable habitat is prohibited, though grazing and ranching activities are exempt.
• No Critical Habitat Designated: As of 2026, no critical habitat has been designated for the American burying beetle.
• Section 7 Consultation: Any federal agency funding or permitting a project must consult with USFWS to confirm the project will not jeopardize the beetle’s survival. Under the 4(d) rule, consultations for projects in the Southern Plains can often remain informal and are substantially streamlined compared to pre-2020 requirements.
• Section 10 Permits: Non-federal entities can apply for an Incidental Take Permit (ITP) if their activities may accidentally harm beetles, as long as they submit an approved Habitat Conservation Plan (HCP) that offsets harm through conservation actions. In the Southern Plains, most private-land activities no longer require Section 10 authorization.

2. Other Federal Laws#

• Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA): The EPA evaluates pesticide impacts on listed species through its endangered species review process. A 2025 study published in Environmental Toxicology and Chemistry found that neonicotinoid exposure causes behavioral impairment and delayed mortality in American burying beetles, and several states (including California and Vermont) have enacted additional neonicotinoid restrictions effective in 2025.
• National Environmental Policy Act (NEPA): All federal projects require an environmental assessment that includes surveys for American burying beetles if the project falls within their known range.

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State-Specific Regulations#

Many states with active beetle populations have additional, stricter protections beyond federal rules:

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Compliance Requirements for Individuals & Industries#

Regulations apply differently depending on your activity and location:

1. Private Landowners#

• No action is required for regular residential use of property in beetle range, even if beetles are present
• If you plan to clear land, build new structures, or apply restricted pesticides on property in suitable beetle habitat in the Northern Plains or New England regions, you may need to complete a USFWS-approved species survey first; most private-land activities in the Southern Plains are now exempt under the 4(d) rule
• Voluntary programs like the USFWS Safe Harbor Agreement and Candidate Conservation Agreements with Assurances (CCAA) let landowners participate in conservation activities in exchange for regulatory assurances with no future additional liability

2. Commercial Industries#

• Energy (oil/gas, wind, solar): Since the 2020 4(d) rule, most energy projects in the Southern Plains (Oklahoma, Arkansas, Kansas) no longer require pre-construction beetle surveys or USFWS consultation on private land without a federal nexus. In the Northern Plains (Nebraska, South Dakota), pre-construction surveys and consultation are still required for projects in suitable habitat. Unavoidable habitat loss may require mitigation (typically 2:1 or 3:1 land preservation ratio)
• Construction/Transportation: Projects must time ground-disturbing activities outside of the May-August breeding season if possible; known nesting sites must be fenced off and avoided entirely
• Agriculture: Restricted pesticides cannot be applied within 0.5 miles of known beetle habitat; producers can access financial incentives through the USDA Conservation Reserve Program to set aside land for beetle foraging habitat

3. Researchers#

• Both federal ESA permits and state wildlife permits are required to handle, collect, or study wild American burying beetles

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Penalties for Regulatory Violations#

Penalties apply for both intentional and accidental violations if required surveys and mitigation steps were not completed. Because the beetle is now listed as threatened, the 4(d) rule determines which activities are actually prohibited—many incidental take activities in the Southern Plains are exempt:

• Federal criminal penalties: Knowing violation of the take prohibition can result in up to 1 year of federal prison, a fine of up to $50,000, or both
• Federal civil penalties: Knowing violation of the take prohibition carries civil penalties of up to $63,991 per violation (inflation-adjusted as of 2025); other knowing violations carry penalties of up to$30,711; general violations carry penalties of up to $1,617
• State penalties: Range from $1,000 to$25,000 per violation depending on the state, plus potential suspension of project permits (e.g., Texas imposes fines of up to $25,000 per violation for intentional take on top of federal penalties)
• Additional consequences: Project delays of 6+ months, loss of federal funding eligibility, and reputational damage for commercial entities

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2020–2025 Regulatory Timeline#

Key regulatory and legal developments affecting the American burying beetle:

1. October 2020: USFWS finalized the downlisting of the beetle from endangered to threatened and issued a Section 4(d) rule that exempts many land-use activities in the Southern Plains from incidental take restrictions (effective November 16, 2020)
2. March 2021: The Center for Biological Diversity filed a lawsuit challenging the downlisting, arguing the agency relied on inadequate data and failed to account for climate change threats
3. September 2023: The U.S. District Court for the District of Columbia granted summary judgment in favor of USFWS, upholding the downlisting to threatened and the 4(d) rule
4. August 2025: The D.C. Circuit Court of Appeals affirmed the district court’s ruling in a partially split decision, confirming the beetle’s threatened listing remains in effect
5. 2024–2025: Research published in Biological Conservation (2024) documented ecoregion-scale population increases of the American burying beetle tied to landscape variables, supporting the species’ recovery trajectory

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How You Can Support Conservation Efforts#

You don’t have to be a developer or landowner to support the beetle’s recovery:

1. Report any sightings to the USFWS American Burying Beetle iNaturalist project or your state wildlife agency, with photos and location data to help track populations
2. Avoid using neonicotinoid pesticides on your property, especially if you live in the beetle’s known range
3. Support non-profit conservation groups like the Xerces Society that run beetle reintroduction and habitat restoration programs
4. Advocate for local policies that protect native grassland and forest habitats that the beetle relies on

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References#

1. U.S. Fish and Wildlife Service. (2020). Endangered and Threatened Wildlife and Plants: Reclassification of the American Burying Beetle From Endangered to Threatened With a Section 4(d) Rule. Federal Register, 85(200), 65622-65670. https://www.federalregister.gov/documents/2020/10/15/2020-19810/
2. U.S. Fish and Wildlife Service. Species Profile: American Burying Beetle (Nicrophorus americanus). https://ecos.fws.gov/ecp/species/66
3. U.S. Fish and Wildlife Service. (2024). Civil Monetary Penalty Inflation Adjustment. Federal Register. https://www.fws.gov/laws/endangered-species-act/section-11
4. Endangered Species Law & Policy (Nossaman LLP). (2023). District Court Upholds Final Rule Downlisting American Burying Beetle. https://www.endangeredspecieslawandpolicy.com/
5. U.S. Court of Appeals, D.C. Circuit. (2025). Center for Biological Diversity v. U.S. Fish and Wildlife Service, No. 23-5285.