Removing protections against habitat loss undermines the Endangered Species Act
The Wildlife Society, along with 13 TWS chapters, two sections and a group of TWS’ past presidents, provided comprehensive comments to the Trump administration regarding proposed rulemaking that would rescind the definition of “harm” from regulations implementing the Endangered Species Act (ESA).
This level of engagement is unprecedented for TWS units. The comments submitted to the administration serve to showcase the extensive expertise of TWS members, highlighting state- and region-specific implications of the rulemaking on wildlife and their habitats.
In April, the Trump administration released its proposal to rescind the definition of “harm” from ESA regulations. The existing definition of “harm” includes acts of significant habitat modification that significantly impair essential behavior patterns of wildlife. This definition has been in place for decades, and as TWS and several units noted in comments, was upheld by the Supreme Court. If implemented, the proposed rule changes would introduce significant uncertainty around protections against take via habitat modification for threatened and endangered species.
TWS units were emphatic in their opposition to the proposed rulemaking. Comments included examples of how the proposal would undermine the core function and legislative intent of the Endangered Species Act. They pointed to the overwhelming public support for a functional and efficient ESA, offered insights on how wildlife professionals work to protect ecosystem integrity, and emphasized that successful wildlife conservation and recovery relies on effective protections for wildlife habitats. Comments also highlighted state- and region-specific examples of species recovery goals that depend on strong protections against habitat loss and degradation.
The USFWS received almost 250,000 comments in response to this rulemaking, which it will have to address before developing a final rule. If finalized as proposed, the rulemaking will introduce significant uncertainty around ESA implementation for wildlife professionals. Legal challenges in response to the narrowing of the scope of ESA protections are almost certain. Discussions are already underway across several TWS units focusing on how state-level protections for listed and at-risk species might fill some of the gaps left by a weakened ESA.
As illustrated in many of these comments, if the proposed rulemaking were to pass, there is significant uncertainty as to how wildlife professionals would proceed in implementing the Endangered Species Act. TWS units and members are already beginning to discuss relevant state-level protections for threatened and endangered wildlife that might fill some of the gaps left if this rulemaking were to go through.
Explore comments submitted by TWS chapters and sections using this interactive map.
Read The Wildlife Society’s comments here.
Read comments by TWS past presidents here.
TWS chapters, sections and working groups have identified the conservation of global biodiversity as a policy priority for The Wildlife Society. TWS responds to the biodiversity crisis by educating policymakers, advancing innovative conservation techniques, and unifying wildlife professionals to implement evidence-based solutions that reverse threats to biological diversity. Visit the Conservation Affairs Network Policy Toolkit to learn more about using your voice to support the implementation of critical legislation for conserving biodiversity, like the ESA.
