The Trump administration proposed on Wednesday to redefine what it means to “harm” species protected under the Endangered Species Species Act, saying that mobile protectionists will strip the vulnerable plants and animals in the habitat needed to survive.
The proposal, advanced by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service, limits taking direct action to kill or harm endangered species or threatened wildlife, and removes bans against the destruction of habitat leading to those purposes. It fits the intentions of White House officials to promote economic growth by reducing regulations.
If adopted, the change could significantly reduce the scope of the Endangered Species Species Act, passed under former President Nixon in 1973. It also ruled that the US Supreme Court in 1995 upheld a definition of harm, including “important habitat modification or deterioration.”
“What they’re proposing fundamentally overturns how we’ve been conserving endangered species in this country,” said Noah Greenwald, co-director of endangered species at the Center for Biodiversity, a conservation group.
According to Greenwald, the previous definition prevented actions such as blocking off old growth forests in the Pacific Northwest, where Northern California and the federal government threatened nests and roosts. Or they fill the wetlands where red-footed frogs live, and state amphibians in California are also listed as being threatened by the federal government.
Under the proposed meaning, it would require something like the actual shooting of an owl to qualify, he said.
“I think there’s more room for Timber businesses to record their habitat without worrying,” he said. Considering the owl, he added, “this could potentially be a ffin nail.”
The concept of harm in the Endangered Species Species Act is surrounded by the prohibition of “takes.” This means “harassing, harming, pursuing, hunting, shooting, wounding, killing, capturing, collecting” species protected by law.
“This makes sense in light of what FWS and NMFS understand for centuries that “take” is meant to kill or catch wild animals.
Publishing proposed rules in the federal register set on Thursday — triggers a 30-day public comment period. Once public comments are analyzed, the final rules could be published in a few months.
If changes were made, Greenwald said his group would challenge it in court.
The proposed change comes amidst a gust of winds that the Trump administration will take action to promote more development and resource extraction of public land. Parents believe it hurts wildlife, among other harmful effects.
Earlier this month, the Trump administration ordered an emergency declaration by the US Secretary of Agriculture to require the US Forest Service to cut after ordering an immediate expansion of timber production in the United States.
A February order by Interior Secretary Doug Burgum, his staff directed as part of a push to expand U.S. energy production.
