U.S. Fish and Wildlife Service Exempts Unintentional Wildlife Killings from Endangered Species Act Protections

On September 14, 2026, the U.S. Fish and Wildlife Service issued a memorandum redefining the Endangered Species Act's prohibition on 'take' to exclude unintentional killings of protected wildlife. The change, effective September 15, means activities like commercial fishing or logging that inadvertently harm species are no longer unlawful. Conservationists, including Gib Brogan of Oceana, criticized the move, saying it undermines the ESA's protections. The change follows a series of Trump administration actions weakening the act, and concerns are raised for species like the North Atlantic right whale.