The U.S. Fish and Wildlife Service (FWS) has proposed a rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA). This definition, established in 2001, interprets “harm” to include significant habitat modification or degradation that kills or injures listed species by significantly impairing essential behavioral patterns, such as breeding, feeding, or sheltering. The FWS asserts that this definition is redundant and that the term “harm” is sufficiently defined within the broader context of the ESA. BRC supports narrowing the definition of harm. This will allow for better management of listed species. Hopefully it would allow species to be de-listed and then managed through state wildlife policies that are better suited to protect species. State wildlife agencies are better positioned to manage specific species and their habitats.
Under the existing regulation, “harm” includes significant habitat modification or degradation that results in death or injury to listed species by impairing essential behaviors such as breeding, feeding, or sheltering. This broad interpretation has extended the ESA’s reach beyond direct actions against species to include indirect impacts through habitat changes.
Proposed Change:
The FWS proposes to rescind this regulatory definition, thereby narrowing the scope of “harm” to exclude habitat modification. This change is intended to focus conservation efforts on direct actions that affect species, allowing for more effective and targeted management strategies.
Benefits of the Proposed Change:
- Enhanced Species Management: By concentrating on direct threats to species, management efforts can be more effectively tailored to address the specific needs of each species, facilitating recovery and eventual delisting.
- State-Level Expertise: Once species recover, management can transition to state wildlife agencies that possess localized knowledge and experience, ensuring that conservation strategies are well-suited to regional ecological conditions.
- Balanced Land Use: This revision allows for responsible land use and development activities to proceed without unnecessary regulatory burdens, provided they do not directly harm listed species.
Comments are accepted through May 19, 2025.
