What: On April 17, 2025, the U.S. Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA) published a proposed rule in the Federal Register to rescind the definition of “harm” under the Endangered Species Act (ESA).
Why: The definition of “harm” currently used by the FWS and the National Marine Fisheries Service (NMFS) extends both to actions that kill or injure wildlife and fish and actions resulting in habitat modification, which results in killing or injuring wildlife or fish. The agencies have found that this definition does “not accord with the single, best meaning” of the ESA because actions impacting habitat could be taken without any intention to kill or injure a particular species.
The agencies have prepared an initial regulatory flexibility analysis to analyze the impact of the definition change on small entities. The agencies determined that the proposed rule is deregulatory and, if finalized, would impact small entities by removing regulatory costs associated with the present definition of “harm.”
Action: Comments are due May 19, 2025.
FEDERAL REGISTER NOTICE:
Rescinding the Definition of “Harm” Under the Endangered Species Act
CONTACT:
Nick Goldstein
EMAIL:
TOPIC(S):
Is your small business or entity being impacted by a proposed rule? If yes, write a comment letter to the proposing agency.