More than 1,600 critically imperiled species protected under the US Endangered Species Act (ESA) face losing further federal protections following a new reinterpretation of the 1973 law by the Donald Trump administration.
A September 14 memo distributed to Fish and Wildlife Service (FWS) field offices by FWS director Brian Nesvik calls for a reinterpretation of what it means to “take” an endangered species. Under the ESA, “take” is defined as “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct”.
The memo, obtained and shared by the Center for Biological Diversity, reinterprets the law to mean that harming or killing an endangered animal would no longer be considered illegal unless the action was specifically intended to cause harm or death.
“A vessel that inadvertently strikes a whale has not taken it, because the vessel’s course was not set against the whale,” the memo said, adding: “Felling a tree is not a take of the bats roosting in it unless the tree is felled for the purpose of killing or capturing them.”