A Sept. 14 U.S. Fish and Wildlife Service memo says unintended injury or killing of endangered animals will not count as a prohibited “take” under the Trump administration’s revised Endangered Species Act interpretation, affecting more than 1,600 protected species.
The memo says a vessel that inadvertently strikes a whale has not committed a “take,” while felling a tree with bats roosting in it does not count unless it is done to kill or capture them. NOAA Fisheries classifies blue whales as endangered.
The change was announced in July as an update to the regulatory definition of “harm.” Commerce Secretary Howard Lutnick said it would ease burdens on fishermen and support economic growth; Interior Secretary Doug Burgum argued federal agencies had used the act to obstruct lawful land use and burden families and businesses. The Center for Biological Diversity called the change unlawful, while attorneys general from 16 states described the administration’s reasoning as “arbitrary, capricious, an abuse of discretion, and contrary to law,” The New York Times reported.
