Protect Native Habitats Essential to Endangered Species
The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) propose rescinding the regulatory definition of “take” under the Endangered Species Act (ESA). Currently, “take” includes significant habitat modification if it kills or injures wildlife.
The Indiana Native Plant Society (INPS) is opposed to current efforts to rescind the Endangered Species Act (ESA) protections against the “take” of habitat. Removing habitat modification from the definition of “take” undermines the ESA’s effectiveness by ignoring the critical role that native plant ecosystems play in supporting endangered wildlife.
Habitat loss is one of the leading causes of species decline, and this proposed rule would strip essential protections from the very environments species need to survive. INPS urges the Services to maintain strong habitat-based safeguards to ensure long-term conservation of both native plants and the wildlife that depend on them.
INPS urges all members to submit comments opposing the proposed rule to ensure continued protection of native habitats essential to endangered species.
Link for public comment:
https://www.federalregister.gov/documents/2025/04/17/2025-06746/rescinding-the-definition-of-harm-under-the-endangered-species-act
Background
As explained in an AP article, the U.S. Fish and Wildlife Service and National Marine Fisheries Service proposed a rule issued Wednesday that habitat modification should not be considered harm because it is not the same as intentionally targeting a species, called “take.” Environmentalists argue that the definition of “take,” though, has always included actions that harm species, and the definition of “harm” has been upheld by the U.S. Supreme Court. The proposed rule essentially removes protections for habitat, using the logic that removing habitat does not directly harm a species.
The full AP article can be found at Proposed rule change on endangered species triggers alarm for environmentalists | AP News