Changes to federal conservation law pose harm to New York's endangered species, according to wildlife conservationists.
Both the Fish and Wildlife Service and the National Oceanic and Atmospheric Administration support narrowing the definition of "take" in the Endangered Species Act. What seems like a small change would interpret the law so it no longer prohibits the unintentional killing of endangered ocean wildlife.
Jim Murphy, associate vice president of legal advocacy for the National Wildlife Federation, said under this new definition, boat strikes would be able to harm species like the North Atlantic right whale.
"Under this new definition, even if the boat hits the whale directly, unless it can be shown that the intent of the boat was to hit and kill the whale, there's nothing that the ESA will do about that, and that puts species at incredible risk," Murphy contended.
The legal definition of "harm" was changed back in mid-September. The change is being met with mixed public comments. Some people feel the previous definition supports habitat conservation planning and the change would further weaken the law. Others said it was not designed to cover incidental actions against animals, only direct ones.
The Fish and Wildlife Service said the proposed change to "take" aligns with the Supreme Courtās 2024 Loper Bright v. Raimondo ruling. The current definition is an "unlawful regulatory intrusion that interfered with private property rights," the service noted.
Murphy argued the only possible justification is to benefit fossil fuel, mining and logging companies.
"In a very short-term lens, that can make those activities cheaper. But of course, the cost is we are going to lose a lot of species if we don't take measures to protect their habitat and from activities that incidentally harm them," Murphy underscored.
He pointed to the bald eagle as an example of the dangers this change can pose. Murphy explained the national emblem was not going extinct because people were shooting them but because the pesticide DDT, which was used to kill mosquitoes, contaminated the birdās habitat.
Edwin is a reporter and producer in North Tonawanda, New York. He’s previously reported for the Niagara Gazette and the Ithaca Times. Edwin got an early start in radio interning for WBFO-88.7FM, NPR’s Buffalo affiliate. In 2018, he graduated from SUNY Buffalo State College with a B.A. in Journalism, and in 2022, graduated from Syracuse University with an M.S. in Communications.
