September 18, 2026 | 06:36 am
TEMPO.CO, Jakarta - The US government is moving to narrow how the Endangered Species Act (ESA) is interpreted, potentially limiting protections for wildlife that are unintentionally killed by human activities, according to The New York Times and US officials, as cited by DW.
The policy change was outlined in a memo signed by Brian Nesvik, director of the US Fish and Wildlife Service, and confirmed by the Interior Department to AFP on Thursday.
Under the new guidance, the term "take," which under the ESA covers actions such as pursuing, killing or capturing protected species, would be limited to "affirmative conduct intentionally directed against a particular animal or animals."
The change means the accidental killing of protected wildlife would no longer be treated as unlawful under the act. Wildlife deaths resulting from foreseeable risks associated with activities such as commercial fishing and logging could therefore fall outside the law's protections.
'A huge loophole'
The Fish and Wildlife Service has historically held people responsible for accidentally harming protected species, including grizzly bears, manatees and spotted owls.
"This cuts against the entire history of the Endangered Species Act," Dan Ashe, who led the Fish and Wildlife Service under former President Barack Obama, told the Associated Press.
"It just creates a huge loophole. It completely relieves people of any responsibility for their actions, even consequences that can be easily predicted."
The Interior Department confirmed the authenticity of the memo to AFP.
"The memorandum accurately reflects the US Fish and Wildlife Service's guidance for implementing the Endangered Species Act following the final rule rescinding the regulatory definition of 'harm,'" the department told AFP.
"Under the guidance, the ESA's prohibition on 'take' continues to prohibit conduct including harassing, pursuing, hunting, shooting, wounding, killing, trapping, capturing or collecting protected wildlife," it added.
Broader overhaul under Trump
The latest move follows a series of changes to the Endangered Species Act under President Donald Trump.
Last year, the Trump administration said it would consider "economic considerations" when deciding whether to protect species at risk of extinction.
Interior Secretary Doug Burgum has defended the broader changes, arguing that the ESA has been "weaponized" to block economic projects, reduce US competitiveness, undermine national security and hurt Americans.
The administration has also moved to redefine "harm," allowing activities such as oil drilling and mining in endangered species habitats as long as they do not directly kill or injure animals.
Another change ended the automatic extension of endangered species protections to species classified as threatened.
The administration has also announced plans to reduce protections across two large areas of public land in Utah by more than 90%, potentially opening millions of acres to fossil fuel extraction and mining.
States challenge changes
The broader overhaul has prompted legal challenges from Democratic-led states.
DW also mentioned that, last week, attorneys general from 20 states and Washington, DC, filed a lawsuit against the administration over its changes to the ESA.
One lawsuit challenges the redefinition of "harm," while another disputes a rule removing protections for newly threatened species and changes to how business-related factors are considered when designating critical habitats.
"The Trump administration is trying to undermine the law, the will of Congress and the will of the people who overwhelmingly support protections for endangered species," Washington Attorney General Nick Brown said.
"Instead of stewardship, this administration's approach to our land, to our water is one of exploitation," he added.
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