Washington: A new US Fish and Wildlife Service directive has narrowed how federal officials will interpret the Endangered Species Act, potentially excluding many accidental or incidental deaths of protected wildlife from enforcement.
The September 14 memorandum, issued by Fish and Wildlife Service Director Brian Nesvik, says an unlawful “take” under the Act requires an affirmative act intentionally directed at a particular animal that directly and immediately affects it.
The change means activities such as logging, mining, construction, shipping and water diversion could fall outside the Act’s prohibition when they unintentionally kill or injure protected wildlife, even when the consequences are foreseeable.
Nesvik’s memorandum gives the example of a tree being cut down while endangered bats are roosting inside it. Under the new interpretation, that would not constitute a prohibited “take” unless the tree was felled for the purpose of killing or capturing the bats.
It similarly says an accidentally struck whale would not necessarily constitute a take if the vessel had not been directed at the animal.
The dispute centres on the meaning of “take”, a term the Endangered Species Act defines to include harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing or collecting protected wildlife.
The administration says the directive reflects the original meaning of the law and follows a July regulatory change that removed the longstanding federal definition of “harm”.
Officials maintain that the Act continues to prohibit deliberate conduct such as hunting, shooting, wounding or killing protected animals.
Conservation organisations argue that the new interpretation could substantially reduce federal enforcement and remove incentives for industries to prevent foreseeable harm to endangered species.
