Trump Administration Redefines “Take” Under the Endangered Species Act

The U.S. Fish and Wildlife Service issued a new directive that narrows the definition of illegal “take” under the Endangered Species Act (ESA). Under the guidance, killing a protected animal is unlawful only when the act is deliberately targeted; accidental or indirect harm—such as bats dying when a tree is felled for timber—does not constitute a violation. The rule also maintains prohibitions on overt actions like hunting, trapping, or capturing. Interior Department officials emphasized that the ESA still bans conduct such as harassing, pursuing, or killing protected wildlife, but the scope of “harm” is now limited to intentional actions.

The Independent

Historically, ESA enforcement has covered both direct killing and habitat destruction that leads to species decline. The current reinterpretation follows a broader trend of regulatory rollbacks during President Donald Trump’s tenure, citing a recent Supreme Court decision that constrained agency authority to expand statutory meanings. Earlier in the administration, a prior rule had already narrowed the definition of “harm,” and the latest directive builds on that framework.

The Independent

Fish and Wildlife Service Director Brian Nesvik authored the guidance, stating that a tree cut for timber does not count as a “take” of the bats roosting in it unless the purpose is to kill or capture them. The Interior Department released a statement affirming that the ESA’s prohibition on “take” continues to cover explicit actions such as hunting, trapping, and collecting protected species. Agency officials argue the change restores the law to its original intent by focusing on intentional harm rather than incidental impacts.

The Independent

• “This cuts against the entire history of the Endangered Species Act,” — Dan Ashe, who led the Fish and Wildlife Service under former President Barack Obama

The Independent

• “It just creates a huge loophole,” — Dan Ashe, who led the Fish and Wildlife Service under former President Barack Obama

The Independent

• “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,” — Brian Nesvik, wildlife service director

The Independent

• “This is basically a free for all,” — Noah Greenwald

The Independent