delete PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS
This regulation implements the Endangered Species Act, establishing a comprehensive permit system for activities involving endangered/threatened species. It defines key terms like 'take', 'harm', and 'harass'; creates exemptions for certain pre-existing holdings, Alaska Native subsistence, and captive raptors; and sets procedures for conservation plans (HCPs) that allow incidental take with mitigation requirements. The rule also coordinates with CITES for international trade and lists covered species.
The ESA regulatory regime represents the worst of administrative overreach: it converts private property into a government-licensed privilege through the 'incidental take' permit system, creating a massive hidden tax exceeding $14,000 per household in compliance costs. The definition of 'harm' to include habitat modification regulates land use—a traditional state police power—under an unconstitutional Commerce Clause expansion. The 'takings' without just compensation violate the Fifth Amendment. Small businesses bear 30% higher per-employee costs, creating barriers to entry that protect incumbents. The permit process enables regulatory capture where 'foxes design the henhouse'—developers and agencies collude to shape rules benefiting established players. The entire framework assumes centralized knowledge no agency can possess, violating Mises's calculation problem: bureaucrats cannot weigh species preservation against unseen economic costs to millions of households whose property rights are extinguished. The regulation should be repealed entirely, returning wildlife management to states under the Tenth Amendment and allowing.property rights through common law nuisance doctrines that actually compensate victims.