FWS and NMFS to Rescind ESA “Harm” Definition

Today, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (together, the Services) proposed rescinding the definition of “harm” under the Endangered Species Act (ESA). Harming a listed species will still be a prohibited “take” under the ESA, which includes other activities that harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect a listed species. This proposal is in response to President Trump’s April 9 Executive Order, “Directing the Repeal of...
By: Beveridge & Diamond PC

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