started · updated
U.S. Fish and Wildlife Service redefines 'take' under Endangered Species Act
The Trump administration has issued a directive that significantly alters the enforcement of the Endangered Species Act. A September 14 memo from U.S. Fish and Wildlife Service Director Brian Nesvik redefines the legal term 'take,' which traditionally includes the killing, capturing, or harassing of protected species.
Under this new interpretation, harming or killing an endangered animal is only considered illegal if the action is specifically intended to target that animal. This change effectively excludes incidental or accidental deaths resulting from lawful economic activities, such as commercial fishing, logging, or industrial development, from federal prosecution.
For example, the directive states that a vessel striking a whale is not a 'take' if the course was not intentionally set against the animal, and felling a tree is not a 'take' of nesting bats unless the intent was to kill them. Environmental groups and former wildlife officials have criticized the move, arguing it creates a massive loophole that relieves industries of responsibility for foreseeable consequences to imperiled wildlife.
The administration maintains that these changes return the law to its original intent, following a 2024 Supreme Court decision regarding federal agency authority.
Entities
Antonin Scalia · Brian Nesvik · Center for Biological Diversity · Donald Trump · U.S. Fish and Wildlife Service
Claims
What the coverage asserts, and how many sources carry each claim.
- [● 11 SOURCES] Under the new interpretation, killing an endangered species is only illegal if the act is intentionally directed at the animal. www.tntvnews.pf · rr.pt · tiempodigital.mx · kitchener.citynews.ca · www.commondreams.org · +6 more
- [● 4 SOURCES] The administration claims the move returns the Endangered Species Act to its original intent following a 2024 Supreme Court decision. kitchener.citynews.ca · www.troyrecord.com · wtop.com · www.independent.co.uk
- [● 11 SOURCES] The September 14 memo signed by Brian Nesvik reinterprets the term 'take' within the Endangered Species Act. www.tntvnews.pf · rr.pt · tiempodigital.mx · kitchener.citynews.ca · www.commondreams.org · +6 more
- [● 4 SOURCES] The change allows companies to engage in activities like logging or dam building even if they know it could kill protected species. kitchener.citynews.ca · www.troyrecord.com · wtop.com · www.independent.co.uk
- [● 11 SOURCES] The reinterpretation excludes deaths caused indirectly by activities such as commercial fishing or logging. www.tntvnews.pf · rr.pt · tiempodigital.mx · kitchener.citynews.ca · www.commondreams.org · +6 more