Rescinding the Definition of “Harm” Under the Endangered Species Act
What happened
The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) rescinded the regulatory definition of "harm" in their Endangered Species Act (ESA) regulations. This action removes the definition from Title 50 parts 17 and 222 of the Code of Federal Regulations. This final rule is effective on September 14, 2026, and was signed by Donald Trump.
Why it matters
Before this rule, the FWS's definition of "harm" included actions that impair the habitat of protected species by significant environmental modification or degradation. Rescinding this definition means that "harm" will revert closer to its traditional meaning of directly killing or capturing a wild animal, potentially reducing prohibitions on certain habitat modifications by private citizens.
Who it affects
- ›U.S. Fish and Wildlife Service (FWS)
- ›National Marine Fisheries Service (NMFS)
- ›Federal government agencies (regarding ESA Section 7)
- ›Private citizens (regarding ESA Section 9 prohibitions)
- ›Those engaged in activities that might modify habitat
The receipts are official. The summary is ours.
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