Habitat Protections Redefined Under Endangered Species Act Rulemaking

Today, the U.S. Fish and Wildlife Service published its final regulation altering the definition of “harm” under the Endangered Species Act (ESA). For years, the ESA’s definition of “harm” was interpreted to include significant habitat modification or degradation, because habitat changes interrupt essential animal behaviors like breeding, feeding, and sheltering. The revised definition of harm largely excludes habitat impacts, instead focusing on intentional harm to individuals of a species, rather than harm to the places where they live.

“Habitat loss and degradation are the primary drivers of bird declines; it’s what’s led many species to be listed under the ESA in the first place,” said Michael J. Parr, President of American Bird Conservancy (ABC).

“It’s going to be much more challenging to conserve endangered species if we’re unable to protect and restore their habitats.”