FWS and NMFS Finalize Rescission of ESA “Harm” Definition

Short summary

The U.S. Fish and Wildlife Service and National Marine Fisheries Service finalized a rule rescinding the regulatory definition of 'harm' under the Endangered Species Act, effective September 14, 2026. Habitat modification or degradation will no longer independently constitute a prohibited 'take' of listed wildlife, reducing incidental-take authorization requirements for landowners and businesses. ESA Section 7 consultation and critical-habitat obligations remain unchanged.

• •FWS and NMFS finalized rescission of the ESA 'harm' definition, effective September 14, 2026
• •Habitat modification alone will no longer be treated as prohibited take, reducing permit burdens for landowners
• •Section 7 consultation, jeopardy, and critical-habitat obligations for federal actions remain in place

Generated with AI, which can make mistakes.