When a Take is Not a Take: The Regulatory Quagmire of the ESA No-Take Provision

The Endangered Species Act (ESA) states that it is unlawful to “take” any endangered species of fish or wildlife. 50 CFR Part 17.31 expands the prohibition to take endangered species to wildlife species listed as threatened.

The U.S. Forest Service and the “T” Word

For many years, the Forest Service took this first step in a straightforward and tacit manner: they knew what their objectives were and they listed them in no particular order. Over the past few years I have noticed a change.