US Fish and Wildlife Service reinterprets Endangered Species Act, limiting protections

New Interpretation of Endangered Species Act

The US Fish and Wildlife Service (FWS) has distributed an internal memo to its field offices, instructing staff to reinterpret the Endangered Species Act (ESA). The new directive, issued by FWS Director Brian Nesvik on September 14, states that the ESA will now only prohibit actions "specifically intending to target an animal."

This reinterpretation means that actions causing accidental deaths or injuries to vulnerable animals, such as a vessel inadvertently striking a whale or felling a tree where bats roost, will not be considered a "take" unless there was specific intent to harm the animal.

Impact on Conservation Efforts

Conservationists and environmental advocates have expressed alarm over the change. They argue that incidental takings are the most common way endangered animals die, and this reinterpretation effectively guts the protections offered by the ESA.

Previously, businesses were required to conduct environmental reviews to identify critical habitats and either preserve them or obtain permits to offset accidental killings through donations to conservation funds.

Broader Context of Policy Changes

This recent memo follows an earlier rule change this year that removed habitat destruction from the ESA's definition of harm. While the administration initially claimed that change aimed to prevent extra costs for landowners when animals were not in danger, the current reinterpretation goes further by allowing animal deaths as long as intent to kill is absent.

Ben Levitan, a senior attorney for Earthjustice, stated that advocates felt misled by earlier assurances, believing the administration would not use the definition change to ignore preventable deaths.