Babbitt v. Sweet Home Chapter of Communities for a Great Oregon について

The Secretary of the Interior and Fish and Wildlife Service (FWS) director interpreted the word ‘harm’ in the definition of ‘take’ in Section 9 of the Endangered Species Act to mean an act which actually kills or injures wildlife. Under the statutory language of the Interior Department Regulation such act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.〔

The Interpretation of Section 9(a)(1) of the Endangered Species Act〔( et seq. , ESA ).〕 to provide the following protection for endangered species:
*“Except as provided in sections 1535(g)(2) and 1539 of this title, with respect to any endangered species of fish or wildlife listed pursuant to section 1533 of this title it is unlawful for any person subject to the jurisdiction of the United States to:
::(B) ‘take’ any such species within the United States or the territorial sea of the United States.
*Section 3(19) of the Act defines the statutory term ‘take’:
::“The term ‘take’ means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.
The Act does not further define the terms it uses to define ‘take.’ The Interior Department regulations that implement the statute, however, define the statutory term ‘harm’:
*“′Harm′ in the definition of `take′ in the Act means an act which actually kills or injures wildlife. Such act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.”

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