Front view of an oceanic whitetip shark swimming near the surface of the water. (Image credit: John Carlson)
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NOAA's National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) today announced a proposed rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA). The current definition, which includes habitat modification as a form of “take,” runs counter to the best reading of “take” under the ESA, as Justice Scalia powerfully reasoned in his canonical dissent in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon, 515 U.S. 687 (1995). This proposed rule aims to align the definition with the plain text of the ESA, as informed by historical and legal interpretations of “take” as an affirmative act directly affecting wildlife. FWS and NMFS invite public comments on this proposal to ensure a transparent and open rulemaking process.
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.
Mesophotic habitats see little sunlight and are home to a diverse collection of animals, including corals. (Image credit: NOAA/Marine Applied Research & Exploration)
Students on Bonney Lake High School’s culinary team prepare their recipe at a regional culinary competition. (Image credit: Mark Tagal, IBSS Corp.)
In May, students in Bonney Lake High School’s culinary program will take some very special sablefish to a national culinary competition in Baltimore. They plan to serve it with a miso glaze they developed to complement the rich, buttery flavor of sablefish.
NOAA Hurricane Hunter “Miss Piggy,” a Lockheed WP-3D Orion, is shown in flight in January 2020. All three NOAA Hurricane Hunter aircraft are based at the agency’s aircraft operations center in Lakeland, Florida. (Image credit: NOAA)
Credentialed reporters and broadcast meteorologists are invited on Tuesday, May 6, to view NOAA’s Hurricane Hunter aircraft and uncrewed systems, conduct interviews and collect footage for special pre-season hurricane coverage or use throughout the season. Members of the media will have the opportunity to gather content related to current and emerging technologies, and from scientists and aviators.
NOAA’s Aircraft Operations Center is on the cutting edge of hurricane research, as it’s the place from which the famous NOAA Hurricane Hunters fly into severe storms. Scientists, meteorologists, aviators, uncrewed systems operators and maintainers work in concert with NOAA’s National Weather Service and Atlantic Oceanographic and Meteorological Laboratory to collect and analyze data that ensures the nation’s safety and security. NOAA operates a wide range of specialized aircraft that collect data vital to protecting lives and understanding the Earth. NOAA’s fleet of 10 crewed aircraft is operated, managed and maintained by NOAA Marine and Aviation Operations.
Located on Lakeland Linder International Airport in Lakeland, Florida, the Aircraft Operations Center provides capable, mission-ready aircraft and professional crews to the scientific community. The center is committed to the safe, efficient and economical use of NOAA aircraft and has more than four decades of experience developing, coordinating and successfully and safely conducting airborne environmental data gathering missions.
WHAT
Media opportunity to see NOAA’s Hurricane Hunter aircraft and uncrewed systems, and to interview pilots, crew and specialists about hurricane hunting, research and emerging technologies
WHEN
May 6, 2025, 10 a.m.-2 p.m. EDT
WHERE
NOAA Aircraft Operations Center
Lakeland Linder International Airport
3450 Flightline Drive, Lakeland, FL 33811
HOW
This is an in-person event. Members of the media must register to attend by contacting Douglas E. Jessmer at douglas.jessmer@noaa.gov by Tuesday, April 29.
Climate, weather and water affect all life on our ocean planet. NOAA’s mission is to understand and predict our changing environment, from the deep sea to outer space, and to manage and conserve America’s coastal and marine resources.
Media contact
Douglas E. Jessmer, douglas.jessmer@noaa.gov, (240) 622-9241