Federal Register #2026-14195

Final Rule: Rescinding Definition of "Harm" under Endangered Species Act Regulations

This opportunity involves a final rule issued by the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) regarding the Endangered Species Act (ESA): - Government Buyer: - U.S. Fish and Wildlife Service (FWS), Department of the Interior - National Marine Fisheries Service (NMFS), Department of Commerce - No OEMs or vendors are involved, as this is a regulatory action, not a procurement - Products/Services Requested: - No products or services are being requested - Key Details: - The rule rescinds the regulatory definition of "harm" under the ESA from Title 50 parts 17 and 222 - The change is intended to clarify statutory interpretation and reduce regulatory burdens - The rule maintains species conservation through other ESA provisions and state cooperation - No contract, purchase, or acquisition is associated with this action

Description

This final rule rescinds the regulatory definition of "harm" in the Endangered Species Act (ESA) regulations, removing it from CFR Title 50 parts 17 and 222. The rule clarifies that the regulatory definition of harm does not reflect the best reading of the ESA statutory text and distinguishes between prohibitions on take and broader habitat conservation responsibilities. The rule is effective September 14, 2026, and aims to reduce regulatory burdens while maintaining species conservation through other ESA provisions and cooperative federalism with states. The rule includes responses to public comments and addresses economic and legal considerations.

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