Outcome
On July 14, 2026, after reviewing approximately 358,000 public comments, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) finalized a rule rescinding the regulatory definition of “harm” under the Endangered Species Act (ESA).
The rule removes the regulatory definition of “harm” from Title 50, Parts 17 and 222 of the Code of Federal Regulations (CFR).
📄 Read the final rule in the Federal Register:
https://www.federalregister.gov/documents/2026/07/14/2026-14195/rescinding-the-definition-of-harm-under-the-endangered-species-act
Why This Matters
This decision could have significant implications for threatened and endangered species found within the Papahānaumokuākea Marine National Monument, including those that inhabit Kuaihelani (Midway Atoll). Species that may be affected include:
- Green sea turtle
- Hawaiian monk seal
- Whales
- Laysan duck
- Short-tailed albatross
- Laysan duck
- Hammerhead and Oceanic whitetip sharks
Legal Challenge
In response to the rule, several conservation organizations have filed a lawsuit in the U.S. District Court for the Western District of Washington in Seattle.
Organizations involved in the lawsuit include:
- Center for Biological Diversity
- Columbia Riverkeeper
- Conservation Law Foundation
- Conservation Northwest
- Friends of the Wild Swan
- Oregon Wild
- Sierra Club
- Swan View Coalition
- WildEarth Guardians
The plaintiffs are represented by Earthjustice.
How You Can Help
If you would like to stay informed of efforts to protect endangered species and their habitats, follow the conservation organizations listed above.