The proposed rescission would also be consistent with the Supreme Court’s seminal decision in Loper Bright Enterprises v. Raimondo, 603 U.S. 369, 400 (2024), which overruled Chevron deference and held that an agency’s regulation match the single, best meaning of the statute—not an agency’s own preferred interpretation. Here, FWS and NMFS propose that the statutory definition of “take”—encompassing actions like harass, pursue, hunt, or kill—is sufficient without further elaboration of “harm” by regulation. If adopted, this change will apply prospectively and will not affect existing permits. FWS and NMFS invite public comments on reliance interests, examine potential environmental and economic impacts, and encourage stakeholders to provide input on these factors during the comment period.

Comments on the proposed rule must be submitted by Monday, May 19, via https://www.federalregister.gov/documents/2025/04/17/2025-06746/rescinding-the-definition-of-harm-under-the-endangered-species-act (Docket No. FWS–HQ–ES–2025–0034) or by mail to the address listed in the Federal Register notice.