By Environmental Policy Staff. Image: Federally Endangered Florida Bonneted Bat by Shalana Gray

The federal government is considering revising the Endangered Species Act (ESA) in a way that will make protections for imperiled populations far less comprehensive, and in result, species far more vulnerable.

The U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) are proposing a revision to the ESA where habitat modification would no longer be included in the regulatory definition of “harm.” Under current ESA regulations, the modification or degradation of habitat that species rely upon is considered “harm” to imperiled populations and given weight in legal proceedings. 

The stripped-back definition being proposed by USFWS and NMFS would rescind the regulatory definition of “harm” and instead use the statutory definition of “take.” Utilizing the definition of “take” would protect imperiled species from being intentionally maimed or killed, but fail to protect the habitats they rely upon for survival.

This seemingly minor change in phrasing could have far-reaching, devastating impacts on currently intact habitat and all of the biodiversity fostered by these spaces, not just imperiled species. Maintaining suitable habitat is paramount to species survival as these forests, grasslands, wetlands, and other natural landscapes provide them every life-sustaining condition they rely upon.

Without sufficient habitat, imperiled species have nowhere to find food, shelter from the environment, find mates, or raise their young. They are equally reliant on their habitats as humans are on homes and communities, and the destruction of these ecosystems will greatly lessen their chances of population recovery, let alone survival.

Additionally, the extreme development pressure likely to ensue if this regulation were to be revised could push species that previously maintained healthy populations to become threatened or endangered. Missing in the proposed ESA revision is the consideration that habitat loss and destruction are one of the largest drivers of extinction, and a main reason imperiled species become listed at all. 

The ESA is one of the strongest pieces of federal legislation protecting biodiversity, and inherent in this strength is the consideration for the habitats supporting listed species. The value of protected habitat is immeasurable — especially unmodified areas with strong habitat connectivity.

At a time where ecosystems face relentless development pressure and undisturbed habitat is increasingly harder for wildlife to find, they are more reliant than ever on the functioning habitat remaining. 

SCCF sent out an action alert urging interested parties to submit comments on the proposed rule change and to emphasize that healthy habitats are critical to species survival and recovery. The public comment period ended on May 19, and SCCF will be providing updates after the next communications on this proposal are made from USFWS and NMFS.