Rescinding the Definition of “Harm” Under the Endangered Species Act

What it does

We, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS; collectively referred to as the "Services") rescind the regulatory definition of "harm" in our Endangered Species Act (ESA or the Act) regulations. This rescission removes the regulatory definition of "harm" from the Code of Federal Regulations (CFR) in Title 50 parts 17 and 222.

The Fish and Wildlife Service's summary, as published in the Federal Register.

What changed in the regulation

2 parts of Title 50 of the Code of Federal Regulations:

50 CFR 17, 50 CFR 222

Wording on eCFR: the day before it took effect and from the day it took effect (first part listed).

Compared with

The Fish and Wildlife Service has published 29 final rules in 2026 so far, compared with 13 in all of 2025.

Counted by the Tribune from Federal Register records since Jan. 1, 2025.

Before this

1 earlier Federal Register document under regulation identifier 0648-BN93, 1018-BI38 since Jan. 1, 2025.

• April 17, 2025 Notice of proposed rulemaking; request for comments. Rescinding the Definition of “Harm” Under the Endangered Species Act

What happens next and when

This final rule is effective September 14, 2026.

The agency's dates, word for word.

Check it yourself

• The document in the Federal Register
• Title 50 on eCFR

The record as published

Source: the Federal Register (public domain). The document in the Federal Register