Redefining Harm: Habitat Destruction May No Longer Count Under the ESA

On April 17, 2025, the U.S. Fish and Wildlife Service and NOAA proposed a major change to how we protect endangered species: removing habitat loss from the legal definition of “harm” under the Endangered Species Act (ESA). If this rule passes, altering or destroying a habitat that a rare species relies on would no longer count as harming that species—unless it is killed as an immediate result of the disturbance.

This redefinition contradicts decades of ecological science. Species don’t just disappear the moment a tree falls—they decline as the ecosystems they depend on are gradually fragmented and lost. The Catskills are no exception.

For over 55 years, the Catskill Center has worked to protect the natural heritage of the Catskills, advocating for policies that sustain our region’s vulnerable ecosystems and the species that rely on them. That’s why we’re especially concerned about this proposed rule change. 

New York State is home to dozens of state and federally listed species, along with many more considered rare or of special concern. Species like the bog turtle, Indiana bat, and Bicknell’s thrush cannot survive without healthy, connected habitats. Removing habitat protection from the Endangered Species Act threatens to weaken one of the most powerful conservation tools we have.

Rolling back habitat protections isn’t just a legal maneuver—it’s a dangerous step backward in our collective understanding of how ecosystems work and why they matter. Removing these definitions ignores the reality that habitat loss is one of the primary drivers of species decline.

The Catskill Center is urging those who value our region’s incredible biodiversity to take action by Monday, May 19. Submit your comment to the Federal Register and tell the U.S. Fish and Wildlife Service and NOAA that habitat is essential—and removing it is harm.

Not sure what to say? Here’s a suggestion you can copy and paste:

I strongly oppose the proposed rule to remove habitat destruction from the definition of “harm” under the Endangered Species Act (ESA). 

Native wildlife depends on the health and continuity of their habitats. In New York, rare and federally listed species like the bog turtle, Indiana bat, and Bicknell’s thrush cannot survive without the vulnerable habitats this rule would place at even greater risk.

Scientific research, decades of conservation experience, and common sense all affirm that habitat loss is one of the leading causes of declining wildlife populations and reduced ecological resilience. Weakening this protection undermines the effectiveness of the ESA and threatens the future of biodiversity in New York State and beyond.

Please retain the existing definition of “harm” that includes habitat modification and destruction. We must continue to protect the places that endangered species call home in order to ensure their long-term survival.

Your voice matters—speak up for the Catskills and the wildlife that call this region home.