Narrowing Definition of ‘Take’ Undermines Effectiveness of Endangered Species Act

WASHINGTON, D.C. - Interpreting the definition of "take" under the Endangered Species Act to only include intentional acts directed against individual animals would all but eliminate the U.S. Fish and Wildlife Service's ability to prevent injury and even death to endangered and threatened species. The interpretation, described in an internal memo signed by the director of the Fish and Wildlife Service, follows the administration's recent rescission of the regulatory definition of "harm," which removed important safeguards against habitat modification and degradation that kills or injures protected wildlife. NWF and five of its state affiliates are challenging the unlawful rescission in federal court.

"The Endangered Species Act was adopted not only to respond to direct actions targeting species, but also to address the threats causing declines, including actions like habitat modification," said Jim Murphy, associate vice president of legal advocacy at the National Wildlife Federation. "Used together, these interpretations would effectively gut the Endangered Species Act and allow those that destroy or degrade habitat, or even directly kill without proven intent, threatened or endangered species to escape accountability."