The United States government has narrowed the scope of protections for threatened species, establishing that the accidental death of protected animals will no longer be considered illegal, according to a government memorandum released by the Center for Biological Diversity.
The document, dated September 14, whose authenticity was confirmed to the AFP news agency, redefines the concept of ‘take’, a legal term covering acts such as pursuing, killing, or capturing a species.
This new interpretation of the United States’ principal wildlife protection law excludes deaths of animals caused indirectly by certain human activities, such as commercial fishing or logging.
“A ship that accidentally strikes a whale does not ‘take’ it, since the path was not directed at the whale,” the document says, citing the late conservative Supreme Court Justice Antonin Scalia.
“Chopping down a tree does not constitute a ‘take’ of the bats sheltering in it, unless the tree is felled with the aim of killing or capturing them,” it adds.
The text is signed by Brian Nesvik, the director of the federal agency responsible for wildlife conservation in the United States, the United States Fish and Wildlife Service (FWS).
The department responsible for managing federal lands, to which the agency is linked, confirmed to AFP the authenticity of the document.
“This memorandum faithfully reflects the agency’s guidelines on the application of the Endangered Species Act after the adoption of the final rule that eliminates the regulatory definition of the term ‘harm’,” the text notes.
Environmental protection organizations criticize the changes because they alter the balance established between economic activity and the necessary protection of wildlife, driving some species to the brink of extinction, said Beth Lowell, vice president of the international Oceana organization.
