Donald Trump's administration has further reduced protections for endangered species, narrowing what counts as a prohibited "take" under the Endangered Species Act.
What does the memo change? Under a memo signed by Brian Nesvik, director of the Interior Department's Fish and Wildlife Service, "take" is reduced to simply "affirmative conduct intentionally directed against a particular animal or animals," a change that DW reported would no longer treat the unintentional killing of protected wildlife as unlawful. Wildlife deaths resulting from foreseeable risks posed by activities such as commercial fishing or logging would be exempt from the 1973 law. The wildlife service has historically held people liable for accidentally harming protected species such as grizzly bears, manatees and spotted owls.
What does the administration say? In a statement to AFP carried by DW, the Interior Department said the memo "accurately reflects the US Fish and Wildlife Service's guidance for implementing the Endangered Species Act following the final rule rescinding the regulatory definition of 'harm.'" Under the guidance, the department said, the ban on "take" still prohibits conduct including harassing, pursuing, hunting, shooting, wounding, killing, trapping, capturing or collecting protected wildlife. Interior Secretary Doug Burgum has called the administration's changes to the law necessary, saying it has been "weaponized" to stop economic projects, weaken competitiveness, undermine national security and ultimately hurt Americans. Those changes include a redefinition of "harm" that would allow oil drilling, mining and other activities in endangered habitats as long as they do not directly kill or injure the animals.
Who is challenging the changes? Dan Ashe, who previously led the Fish and Wildlife Service, told the Associated Press in remarks carried by DW that the policy "cuts against the entire history of the Endangered Species Act." "It just creates a huge loophole," he said. Last week, the attorneys general of 20 Democratic-led states and Washington, DC, sued the administration over its overhaul of the law, challenging the redefinition of "harm," a rule removing protections for newly threatened species and new business-related considerations in declaring critical habitats. "The Trump administration is trying to undermine the law, the will of Congress and the will of the people who overwhelmingly support protections for endangered species," Washington Attorney General Nick Brown said.
Figures referenced: Donald Trump. — JudgeMarket.
