Fish and Wildlife Service Limits Endangered Species Killing Rules

A September directive from the agency's director says only intentional targeting of endangered animals or plants would be illegal under the Endangered Species Act.

Updated on Nov. 9, 2026 in Environmental

Fish and Wildlife Service Limits Endangered Species Killing Rules

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Should the federal government loosen Endangered Species Act protections for wildlife?

The U.S. Fish and Wildlife Service sent a directive to employees on September 14 stating that killing endangered animals or plants is illegal only when they are intentionally targeted. The move follows a July rule narrowing the definition of 'harm' under the Endangered Species Act.

Why it matters

The change alters how the Endangered Species Act is enforced across the country, shifting liability away from accidental harm to protected species. Environmentalists argue it could accelerate extinctions and open the door to habitat destruction.

The directive is based on a 1995 Supreme Court dissent by Justice Antonin Scalia and a 2024 ruling limiting agency interpretive power, a shift from prior enforcement that held people liable for accidental harm to protected species. Lawsuits from states and conservation groups challenging the changes are ongoing.

The players

U.S. Fish and Wildlife Service

The federal agency responsible for administering the Endangered Species Act for land and freshwater species, which issued both the July rule and the September directive.

Brian Nesvik

The Fish and Wildlife Service director who issued the September 14 directive narrowing illegal killing to intentional targeting.

The details

Under the new interpretation, only people acting directly against animals, such as hunters, trappers, and anglers, would need a permit. The Interior Department said in a Thursday statement that the Endangered Species Act's prohibition on 'take' still covers hunting, shooting, and trapping.

July: Fish and Wildlife Service narrowed the definition of 'harm' under the Endangered Species Act.
September 14: Director Brian Nesvik issued the directive defining illegal killing as intentional targeting.

Big Picture

The directive draws on Justice Antonin Scalia's 1995 dissent in the Supreme Court's Endangered Species Act case, reviving a narrower reading of 'take' that the agency had previously rejected. It follows Republican rollbacks of several Endangered Species Act provisions during Trump's first term.

Only people directly targeting endangered animals, such as hunters, trappers, and anglers, would need a permit under the new interpretation. Accidental harm from activities like timber logging, which could kill roosting bats or birds, would no longer trigger federal liability.

The takeaway

Changes to federal wildlife rules can shift who bears legal responsibility for harm to protected species, so tracking pending lawsuits and agency directives is useful for anyone following conservation policy. The outcome will depend on how courts treat the July rule and the September directive.