Right now, the U.S. Fish and Wildlife Service and National Marine Fisheries Service are attempting to pass legislation that would effectively gut the Endangered Species Act’s ability to protect habitats of endangered species by changing the definition of the word “harm.” St. Johns Riverkeeper strongly opposes this proposed revision. This change disregards clear Supreme Court precedent, undermines the intent of Congress, and would severely weaken protections for vital habitats – putting endangered species and the ecosystems they depend on at even greater risk.
Why does opposing this proposition matter?
- Rescinding the more protective definition of “harm” blatantly ignores the intent of the Endangered Species Act, as well as decades of research proving that habitat is imperative to species’ survival.
- Rescinding the more protective definition of “harm” would open the door for a myriad of new threats, including, but not limited to:
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- Increased development of previously protected habitat
- Allowance of herbicide or pesticide spraying on previously protected areas
- Mining or extraction activities in areas that were previously protected
- Dredging activities in areas that were previously protected
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- Rescinding the more protective definition of “harm” would place the following Floridian Habitats at risk:
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- Wetlands
- Saltmarsh
- Submerged Aquatic Vegetation (SAV)
- Nursery grounds & migratory pathways of important recreational & commercial species
- Estuaries
- Mangroves
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- Rescinding the more protective definition of “harm” would threaten the following Ecosystem Services currently provided by the above habitats:
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- Flood protection
- Pollutant filtration
- Pollination
- Groundwater recharge
- Carbon sequestration
- Storm surge protection
- Erosion control
- Invasive species protection
- Recreational opportunities
- Economic opportunities
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- Species at risk in Florida: According to the Florida Fish & Wildlife Commission (FWC), there are 89 species that are either Federally Endangered or Federally Threatened (50 Federally Endangered, 39 Federally Threatened)
Rescinding the more protective definition of “harm” will have broad implications and far-reaching impacts.
Image 1: Projected FL Land Use Changes, 2060 (FWC, 2025)
According to FWC, if Florida’s population doubles by 2060, as the Florida 2060: A Population Distribution Scenario for the State of Florida predicts, “about 7 million additional acres of land – equivalent to the state of Vermont – could be converted from rural and natural to urban uses” (see Image 1). More than 2 million of these 7 million projected acres lie within a single mile of existing public conservation lands – this means that, although those lands are protected, they will become increasingly fragmented. According to this same study, nearly 2.7 million acres of native habitat will be converted to more industrial uses. The habitat pyramid in Image 2 showcases how the loss of even 25,000 acres (equivalent to the loss of one black bear’s home range) can have far-reaching consequences for a great number of species. When these lost acres extend into the millions, the results are far more disastrous.
Image 2: Habitat Pyramid – Species Impacts at 25,000 Acre Habitat Loss. Credit: FWC
How Can You Help? Public Comments will be accepted through May 19, 2025 using either of the following submission methods:
- Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-HQ-ES-2025-0034, which is the docket number for this rulemaking. Then, click on the Search button. On the resulting page, in the panel on the left side of the screen, under the Document Type heading, check the Proposed Rule box to locate this document. You may submit a comment by clicking on “Comment.”
- By hard copy: Submit by U.S. mail to: Public Comments Processing, Attn: FWS-HQ-ES-2025-0034, U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.