American Burying Beetle: Endangered Species Laws & Regulations 2024

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. 2022-2024 Updates to Protections
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: Relisted as endangered under the ESA in 2023, after a 2020 temporary downlisting to threatened was reversed due to new population data showing ongoing declines

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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:

• Take Prohibition (Section 9): It is illegal to harm, harass, kill, trap, collect, or disturb the beetle or its known breeding/foraging habitat without a federal permit. "Take" includes both intentional and accidental harm from activities like construction, pesticide application, or land clearing.
• Critical Habitat Designation: 170,000 acres across 7 central U.S. states are designated as critical habitat, where additional development restrictions apply to protect high-quality breeding and foraging areas.
• Section 7 Consultation: Any federal agency funding or permitting a project (e.g., highway construction, federal energy leases, public land management) must consult with USFWS to confirm the project will not jeopardize the beetle’s survival or destroy critical habitat before approval.
• Section 10 Permits: Non-federal entities (private developers, landowners, researchers) 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.

2. Other Federal Laws#

• Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA): The EPA restricts use of neonicotinoid and pyrethroid pesticides in core beetle habitat, as these chemicals have been linked to high beetle mortality rates.
• 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 critical habitat, you must complete a USFWS-approved species survey first
• Voluntary programs like the USFWS Safe Harbor Agreement let landowners participate in limited development activities in exchange for implementing habitat conservation measures (e.g., leaving native vegetation intact) with no future regulatory liability

2. Commercial Industries#

• Energy (oil/gas, wind, solar): Pre-construction surveys are required for all projects in beetle range; unavoidable habitat loss requires mitigation (usually 2:1 or 3:1 land preservation ratio) and implementation of measures like shutting down wind turbines during peak beetle activity at night
• 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:

• Federal penalties: Intentional take can result in up to 1 year of federal prison, a $50,000 fine, or both; accidental take without a permit carries civil penalties of up to$25,000 per incident, plus mandatory habitat restoration costs
• State penalties: Range from $1,000 to$25,000 per violation depending on the state, plus potential suspension of project permits
• Additional consequences: Project delays of 6+ months, loss of federal funding eligibility, and reputational damage for commercial entities

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2022-2024 Updates to Protections#

Recent regulatory changes have expanded protections for the species:

1. 2023: USFWS reversed the 2020 downlisting of the beetle to threatened, reclassifying it as endangered and expanding critical habitat by 30,000 acres in eastern Oklahoma and western Arkansas
2. 2024: USFWS released new guidance for wind energy projects, requiring year-round acoustic surveys for beetles in high-risk zones instead of only seasonal surveys
3. 2022: The EPA expanded neonicotinoid use restrictions to cover 12 additional counties in Texas and Kansas with newly confirmed beetle populations

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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, 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. (2023). Endangered and Threatened Wildlife and Plants: Final Rule To Reclassify the American Burying Beetle as Endangered. Federal Register, 88(217), 76214-76268.
2. Xerces Society for Invertebrate Conservation. (2024). American Burying Beetle Conservation and Regulatory Guide.
3. Oklahoma Department of Wildlife Conservation. (2024). American Burying Beetle Pre-Construction Survey and Compliance Guidance.
4. U.S. Environmental Protection Agency. (2022). Pesticide Use Restrictions for Endangered Species in Central U.S. Grassland Habitats.
5. Nebraska Game and Parks Commission. (2023). State Endangered Species: American Burying Beetle Regulatory Requirements.