NOAA Fisheries and FWS Propose Rule Rescinding Endangered Species Act’s “Harm” Definition
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On April 17, 2025, NOAA's National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) proposed a rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA).
The law, which was established in 1973, currently prohibits the take of any fish or animal listed as an endangered species, with “take” defined as “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or to attempt to engage in any such conduct.”
According to Justice Scalia’s 1995 position...
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