A U.S Fish and Wildlife memo, signed by the agency’s director, Brian Nesvik, outlines intentions to remove consequences for unintentionally killing animals protected by the Endangered Species Act.
The memo, obtained by The New York Times, was dated Sept. 14 and published by the paper on Wednesday.
Currently, the Endangered Species Act (ESA) prohibits any killing of an endangered animal, even if the resulting death was unintentional. The memo would change this restriction to only prohibit intentionally killing an animal. The directive would effectively redefine the ESA’s definition of the term “take,” which is the act’s parameters for what it means to kill an animal.
“The ‘intent’ consideration goes to an intent to act on the animal, not merely an intent to engage in the activity,” the memo states.
This would include accidental deaths as a result of industry-related development and transportation. Currently, companies are required to assess the potential of accidental deaths of endangered animals as a result of their work. A permitting process is required for projects that may impact endangered animals. Companies that apply for a permit for such projects are required to develop plans that limit impacts to animals and may be required to fund conservation projects elsewhere to make up for the habitat that they will impact.
This process would likely change significantly if the content of the memo is implemented, as these industry development projects would no longer be in violation of the ESA if accidental deaths of animals did occur.
“A vessel that inadvertently strikes a whale has not taken it, because the vessel’s course was not set against the whale,” the memo outlines. “Felling a tree is not a take of the bats roosting in it unless the tree is felled for the purpose of killing or capturing them.”
Kristin Combs, executive director of Wyoming Wildlife Advocates, said the decision would prioritize growing industry at the expense of wildlife.
“It comes down to money,” Combs said. “It's about how can businesses and corporations make money and not have to worry about harming endangered species.”
Combs said the memo could result in increased death of Wyoming’s endangered wildlife, including black-footed ferrets, Canada lynx, Wyoming toads and grizzly bears
“This is just one more way that endangered species are going to die and become even more threatened and endangered with no repercussions,” Combs said.
The memo’s intent to remove protections for endangered animals against these accidental deaths follows several moves by the Trump administration earlier this year. In July, the U.S. Department of the Interior and the U.S. Department of Commerce announced the agencies were removing the definition of “harm” within the ESA. The definition prohibited activity that would damage habitats that endangered species depend on.
“For years, federal agencies abused the ESA to obstruct lawful land use and burden American families and businesses,” Interior Secretary Doug Burgum said in the July announcement. “That approach turned routine activity into a regulatory trap, drove up costs that impacted people’s lives, and expanded federal authority beyond what Congress intended.”
Following the announcement, wildlife advocates said the move prioritized industry and development over the wellbeing of wildlife.
“There's not a lot we can do for species after they're already dead and taken and directly killed,” Tara Zuardo, senior advocate for the Center of Biological Diversity, said in response to the July announcement. “The ESA was meant to prevent that problem, was meant to prevent the animal from being in a critical situation, and to prevent extinction and to prevent death.”
The newly released Fish and Wildlife memo would continue to build upon the Trump administration’s reconstruction of the Endangered Species Act. Advocate groups said this memo would continue to prioritize industry over environmental wellness.
“This is a shocking and shameless attempt to gut the Endangered Species Act and give powerful industries permission to kill endangered wildlife.” Loren Blackford, Sierra Club executive director, said in a statement. “Trump is telling corporations they can carry out activities they know will kill imperiled animals and escape responsibility as long as the killing was not their stated goal.”
The U.S. Fish and Wildlife Service has not formally responded to questions about when the memo's reinterpretation of "take" would take effect as of publication.
