The U.S. Fish and Wildlife Service has issued a new directive that could change how protections are applied when endangered and threatened animals are injured or killed as a result of human activity.
The September 14, 2026, memorandum from U.S. Fish and Wildlife Service Director Brian Nesvik outlines how agency staff should determine whether an action constitutes a prohibited “take” under the Endangered Species Act. The directive focuses on whether an action was intentionally directed at a particular animal and whether the impact on that animal was direct and immediate.
Under the Endangered Species Act, “take” includes actions such as harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping or capturing protected wildlife, as well as attempts to engage in those actions.
For wildlife already facing the threat of extinction, the new interpretation could have significant consequences. Under the memo’s framework, some animals that are unintentionally injured or killed by human activity may fall outside what the agency considers a prohibited “take” if the action was not intentionally directed at the animal.
The directive comes as another major change to Endangered Species Act regulations has taken effect. A separate rule finalized by the U.S. Fish and Wildlife Service and NOAA Fisheries removed the federal regulatory definition of “harm.” That rule became effective September 14, 2026.
The Center for Biological Diversity has strongly criticized the new directive, warning that it could reduce protections in cases where endangered wildlife is injured or killed incidentally rather than deliberately targeted.
“This stabs at the very heart of the Endangered Species Act by giving federal approval to the killing of some of America’s most beloved wildlife,” said Brett Hartl, government affairs director at the Center for Biological Diversity.
When announcing the earlier rule removing the regulatory definition of “harm,” the Fish and Wildlife Service said actions that directly injure or kill listed wildlife would continue to be prohibited. The agency also said existing permits and incidental take statements remain valid and unchanged.
At the time, Nesvik stated:
“This Administration is committed to protecting wildlife using Gold Standard Science, the law and the tools Congress actually gave us,” said U.S. Fish and Wildlife Service Director Brian Nesvik. “We can protect species and respect communities at the same time.”
The Center maintains that the September directive goes beyond the earlier removal of the definition of “harm” because it addresses how the agency interprets the broader prohibition on “take.”
Endangered and threatened species already face mounting pressure from human activity and habitat loss. Strong safeguards remain essential to their survival, and World Animal News will continue to follow how this directive is applied and what it means for federally protected wildlife across the United States.
