Rescinding the Definition of Harm under the Endangered Species Act (Draft)
Apr. 17, 2025
The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) are proposing to rescind the regulatory definition of "harm" in the 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." They are undertaking this change to adhere to the single, best meaning of the ESA. Comments must be received by 19 May 2025. POC is Gina Shultz, Acting Assistant Director, Ecological Services, at 703-358-2171 or ADEcologicalServices@fws.gov. (Federal Register 17 April 2025 [Proposed Rule] Pages 16102-16105)