The Trump administration has issued a comprehensive directive addressing the handling of unintentional killings of protected species. This change could mean that unintentional harm to wildlife will no longer be considered illegal behavior. A memo from Brian N. Switek, director of the U.S. Fish and Wildlife Service, has been sent to the agency's field offices, calling for a redefinition of the term 'take' within the framework of the Endangered Species Act of 1973 (ESA).
New Definition and Its Implications
Under the new definition, 'take' will mean 'a positive act that is intentionally directed against a specific animal or animals.' This change, while excluding unintentional harm caused by economic activities from being classified as 'take,' could imply that a ship that accidentally strikes a whale has not 'taken' it, as the ship's course was not set against the whale. Additionally, cutting down a tree that bats inhabit will only be considered 'taking' if the intent behind the tree cutting is to kill or capture them.
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Criticism of Legal Changes
This memo, obtained and published by the Center for Biological Diversity, was issued following a previous legal change that revoked the definition of 'harm' under the ESA. The U.S. Department of the Interior has also confirmed the authenticity of this memo, stating that 'this memo accurately reflects the guidance of the U.S. Fish and Wildlife Service for implementing the Endangered Species Act following the repeal of the legal definition of 'harm.' According to this department, the prohibition on 'taking' still includes behaviors such as harassment, pursuit, hunting, shooting, wounding, killing, trapping, or collecting protected wildlife.
This action has faced severe criticism from environmental groups. Brett Hartl, director of government affairs at the Center for Biological Diversity, has described this change as 'a blow to the heart of the Endangered Species Act,' stating that this action allows the federal government to permit the killing of some of America's most beloved wildlife. Hartl has stated, 'The Trump administration is aggressively trying to dismantle environmental protections, but this extraordinarily radical action is both cruel and highly illegal. Killing endangered wildlife is illegal, whether it is done intentionally or not.'
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