The United States government is planning to make fundamental changes to how wildlife is protected by interpreting the Endangered Species Act (ESA) in a new way.
Change in the Definition of 'Harm'
This change is made in a new memo signed by Brian N. Suhwick, Director of the Fish and Wildlife Service at the Department of the Interior. In this memo, the term 'taking,' which relates to pursuing, killing, or trapping species, is changed to 'a positive action that is intentionally directed at a specific animal or animals.'
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This change no longer considers the unintentional killing of protected wildlife as illegal. Thus, deaths resulting from foreseeable hazards caused by activities such as commercial fishing or logging will be exempt from this law.
Criticism of the New Changes
The Department of the Interior has confirmed that this memo is valid and stated that 'this memo accurately reflects the guidance of the U.S. Fish and Wildlife Service for the implementation of the Endangered Species Act following the repeal of the legal definition of 'harm.'
The new changes allow for activities such as oil drilling, mining, and other activities in endangered habitats, provided that these activities do not directly result in the killing or harming of animals.
Last year, the Trump administration announced that it would consider 'economic considerations' when making decisions about the protection of endangered species. This action is the latest attempt to roll back regulations of the Endangered Species Act and the changes impact nearly five decades of precedent in how this law is interpreted and enforced.
Doug Burgum, the Secretary of the Interior, argues that these changes are necessary and claims that the Endangered Species Act has become a tool to halt economic projects.
Last week, attorneys general from 20 Democratic-led states, along with Washington D.C., sued the administration over changes to the Endangered Species Act. One of the complaints relates to the change in the definition of 'harm' and another complaint addresses the removal of protections for newly threatened species and related economic considerations.
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