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Data / Federal rules / 2025-06746

Rescinding the Definition of “Harm” Under the Endangered Species Act

The National Oceanic and Atmospheric Administration published this proposed rule in the Federal Register on April 17, 2025. Comments closed on May 19, 2025.

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What the agency says

The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively referred to as the Services or we) are proposing to rescind the regulatory definition of "harm" in our Endangered Species Act (ESA or the Act) regulations. The existing regulatory definition of "harm," which includes habitat modification, runs contrary to the best meaning of the statutory term "take." We are undertaking this change to adhere to the single, best meaning of the ESA.

Key facts

Document number
2025-06746
Type
Proposed rule
Action
Notice of proposed rulemaking; request for comments
Agency
Interior Department; Fish and Wildlife Service; Commerce Department; National Oceanic and Atmospheric Administration
Published
April 17, 2025
Comments due
May 19, 2025
Dates
Comments must be received by May 19, 2025.
Docket
Docket No. FWS-HQ-ES-2025-0034; FXES11110900000-256 FF09E23000; 250411-0064
Regulation ID (RIN)
0648-BN93; 1018-BI38
Code of Federal Regulations
50 CFR 17; 50 CFR 222
Topics
Administrative practice and procedure; Endangered and threatened species; Exports; Imports; Plants; Reporting and recordkeeping requirements; Transportation; Wildlife
Significant
Yes, under Executive Order 12866
Pages
4

The document on federalregister.gov PDF

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Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.