Under federal ESA, habitats of protected plants and animals have been protected 
with the listed species themselves. If adopted and implemented, a limited 
interpretation of "take" would remove the habitat protection. The US ESA would 
then compare to the MN DNR rules regarding MN-listed species. In MN, habitats 
of all federally-listed Endangered & Threatened species are protected. For 
species listed only in MN (and not federally), habitats are protected for 
plants and year-round-resident animals. But for state-only listed species, 
habitat can be destroyed when the listed species is not present. For the 
migratory bird majority in Minnesota, this is the entire non-breeding season.

Destroying endangered species' habitat wouldn't count as 'harm' under proposed 
Trump rule | MPR 
News<https://www.mprnews.org/story/2025/04/17/npr-endangered-species-act-change-harm-trump-rule>

GAndersson
St Paul

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