Endangered Species Act Regulatory Change Proposal

The National Aquarium, alongside individuals and environmental organizations nationwide, provided comment to the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS). The agencies' proposed rule would rescind the Endangered Species Act's (ESA) regulatory definition of "harm," a definition which currently and appropriately includes habitat modification. Enacted in 1973 with strong bipartisan support, the ESA's stated purpose includes conservation of "the ecosystems upon which endangered species and threatened species depend." Habitat loss is the greatest driver of species extinction; this proposed regulation will effectively make it easier to destroy critical habitats that threatened and endangered species depend on.

The ESA is widely considered to be one of the most successful conservation laws in the United States. It has prevented the extinction of hundreds of species and reversed declines in populations of many beloved animals and plants. It has even allowed for the complete recovery of icons such as the bald eagle, America's national bird. For more than half a century, the ESA has spurred rigorous scientific research and helped generate a better understanding of human activities' impacts on species and habitats. This proposed rule will increase the probability of extinction for listed species while placing others in further jeopardy. The National Aquarium urges withdrawing this proposed rule and maintaining the current definition of "harm." The Aquarium instead encourages agencies to strengthen implementation of the ESA to meet the growing challenges of biodiversity loss.