The U.S. Fish and Wildlife Service and NOAA Fisheries have proposed a dangerous rule (FWS-HQ-ES-2025-0034) to eliminate the definition of “harm” under the Endangered Species Act (ESA)—a move that would strip habitat protections for endangered and threatened species, including manatees.
For over 40 years, the Endangered Species Act has defined “harm” to include habitat destruction—recognizing that no species can survive without its habitat. This definition has been upheld by the Supreme Court and multiple federal courts as critical to protecting endangered and threatened species from injury or death. Eliminating it would strip protections from vital habitats—such as seagrass beds and warm-water refuges—putting the Florida manatee and countless other species at risk of habitat loss and possible extinction.
This rule ignores decades of science, law, and conservation success. Congress made it clear: habitat matters. And courts have consistently agreed.
