🦏Rescinding "Harm" Definition in Endangered Species Act
Rescinding the Definition of “Harm” Under the Endangered Species Act
Summary
The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively referred to as the Services or we) are proposing to rescind the regulatory definition of "harm" in our Endangered Species Act (ESA or the Act) regulations. The existing regulatory definition of "harm," which includes habitat modification, runs contrary to the best meaning of the statutory term "take." We are undertaking this change to adhere to the single, best meaning of the ESA.
Agencies
- Interior Department
- Fish and Wildlife Service
- Commerce Department
- National Oceanic and Atmospheric Administration
Business Impact
$$$ - High
The proposed rule rescinds the definition of “harm” under the Endangered Species Act, which is likely to alleviate regulatory burdens for businesses, particularly in construction and natural resource sectors. This deregulation may have a significant economic impact on many small entities, potentially easing compliance requirements.