Saving Seafood

21 states challenge ESA changes that could affect US fisheries

September 24, 2026 — A coalition of 21 state attorneys general is challenging the Trump administration’s changes to the Endangered Species Act (ESA), setting up a legal fight over rules that could affect commercial fisheries, species protection, and marine habitat.

California Attorney General Rob Bonta co-led two lawsuits filed against the U.S. Fish and Wildlife Service and NOAA Fisheries. The states are challenging revisions involving the definition of “harm,” critical habitat designations, and protections for species listed as threatened.

The lawsuits ask the U.S. District Court for the Northern District of California to vacate the rules, arguing they violate the Endangered Species Act, the Administrative Procedure Act, and the National Environmental Policy Act.

The changes could be particularly relevant to commercial fishermen because NOAA Fisheries administers the ESA for many marine and anadromous species. ESA protections can influence fishing regulations, federal permitting, habitat protections, and measures intended to reduce interactions with protected species.

Read the full article at National Fisherman

Internal memo shows Trump administration’s plan to allow accidental killing of endangered species

September 21, 2026 — An internal memo from U.S. Fish and Wildlife Service Director Brian Nesvik shows the agency’s plan to rewrite the definition of “take” under the Endangered Species Act (ESA), effectively allowing unintended harm to or killing of threatened wildlife.

“This stabs at the very heart of the Endangered Species Act by giving federal approval to the killing of some of America’s most beloved wildlife,” Center for Biological Diversity Government Affairs Director Brett Hartl said in a release. “The Trump administration is desperate to annihilate environmental protections, but this incredibly radical measure is both cruel and profoundly unlawful. Killing endangered wildlife is illegal, whether that’s your purpose or not.”

Read the full article at SeafoodSource

US States Sue Trump Administration for Weakening Endangered Species Protections

September 9, 2026 — U.S. states filed two lawsuits on Wednesday accusing President Donald Trump’s ⁠administration ⁠of illegally weakening the federal Endangered Species Act, a landmark ⁠law that has shielded the bald eagle and other wildlife from dangers posed by development.

The lawsuits by the Democratic attorneys ​general of 20 states and Washington, D.C. were filed less than two months after the Department of the Interior and the Department of Commerce announced final rules that could make it easier for ‌developers, fossil fuel companies and others to disturb ‌lands that environmental advocates say need protection from business interests.

Enacted by Congress in 1973, the Endangered Species Act has been credited with saving animals including the California condor, grizzly bear and ⁠humpback whale.

In one lawsuit, ⁠the states challenged a rule that narrowed the Endangered Species Act’s definition of “harm,” which had long included encroachments on ​habitats where endangered animals live.

The new rule, which the states called “a reversal of staggering proportions,” allows oil drilling, mining and other activities in those habitats so long as those activities are not “directed immediately and intentionally” against particular animals, even if they cause injuries or death.

In the other lawsuit, the states challenged two rules. One rule eliminates broad protections for newly threatened species unless the U.S. Fish and Wildlife Service creates ​species-specific protections. The second rule requires the government to consider objections by businesses, such as potential economic burdens, before declaring areas as “critical habitats.”

“The Trump administration is ⁠trying to ⁠undermine the law, the will of ⁠Congress and the will of the people ​who overwhelmingly support protections for endangered species,” Washington Attorney General Nick Brown said at a press conference. “Instead of stewardship, this administration’s approach to our land, to ​our water is one of exploitation.”

Read the full article at US News

ALASKA: Bristol Bay honors 75th anniversary of the end of commercial sailboat fishery

July 29, 2026 — Diesel-powered boats fish Bristol Bay’s waters by the hundreds, but it wasn’t always that way.

Motorized fishing vessels were once banned in Bristol Bay. And in their place, sailboats dominated the commercial fishery until the early 50s. The late Harvey Samuelson was one fisherman who sailed for salmon. His quotations used in this story are from a 2005 interview that aired on KDLG in a Bristol Bay oral history program called “Our Story.”

“We didn’t have no reels or anything like that,” Samuelson told KDLG at the time. “It was all manhandling wooden corks – it’d get awful heavy. Now you’ve got plastic floats, corks.”

Samuelson said without a motorized vessel, the job was not easy.

“Sailing was a lot of fun,” he said. “But to make a living in a sailboat was sort of tough.”

Tim Troll is the creator of “Our Story,” who interviewed Samuelson. He’s also director of the Bristol Bay Heritage Land Trust and author of the book, Sailing for Salmon. The commercial sockeye fishery used to be federally managed, and Troll says the US Fish & Wildlife Service finally allowed power boats to fish in 1951.

Read the full article at Alaska Pubic Media

Environmental groups sue government to stop a big change to the Endangered Species Act

July 15, 2026 — By altering the interpretation of a single word in the Endangered Species Act, the Trump administration has made what could be a sweeping change to how wildlife is protected in the United States.

That word is “harm.” For more than 50 years, the U.S. Fish & Wildlife Service defined harm to refer to anything that injures or kills a protected organism, including “significant habitat modification or degradation” that might impact a species’ ability to feed, reproduce or seek shelter.

But now, the federal government has officially rescinded that definition — a move that is already being challenged in court.

“This action restores common sense, respects private property, provides much-needed certainty for landowners and follows the statute Congress actually passed,” Secretary of the Interior Doug Burgum said in a statement Friday, when the change was announced.

“The final rule will restore the definition of ‘harm’ to its original intent as written under the ESA, and will maintain protections for endangered species while reducing unnecessary or duplicative permitting requirements, cutting compliance costs, and eliminating confusion for Americans,” a representative for NOAA Fisheries said in an emailed statement Tuesday.

But environmental groups worry the rule change, which goes into effect on September 14, could destroy the wild places that endangered species depend on, undermining the protections that have helped sustain them.

Shortly after the new rule was published in the federal register Tuesday, the law firm Earthjustice, alongside more than half a dozen other environmental groups, filed a lawsuit in federal district court in Seattle against the U.S. Fish & Wildlife Service and NOAA Fisheries (also known as the National Marine Fisheries Service).

Kristen Boyles, an attorney with the group, told NPR that they’re contesting the change on various levels. “The agencies haven’t explained themselves adequately,” she says. “Making this kind of dramatic change doesn’t make any legal sense because it goes against the fundamental purpose and spirit of the statute itself. All of those things make it an unreasoned and unreasonable decision.”

Read the full article at NPR

 

Advocacy Helps Small Fishing Businesses Secure a Win from Changes to Squid Rules

June 29, 2026 — The following was released by the U.S. Small Business Administration Office of Advocacy:

The U.S. Small Business Administration Office of Advocacy (Advocacy) applauds the U.S. Fish and Wildlife Service’s (FWS) final rule to amend the definition of “shellfish” to include cephalopods, providing small fishing businesses simplicity and clarity.

Previous FWS regulations defined shellfish as “an aquatic invertebrate having a shell.” However, cephalopods, including squid, cuttlefish, and octopus, have internal shells, reduced shells, or no shells at all. This has caused confusion over whether cephalopods qualify as shellfish for purposes of federal import/export, declaration, inspection, and enforcement regulations. As a result, small fishing businesses have lost business opportunities and been subject to unnecessary reporting fees.

“I am encouraged to see that the U.S. Fish and Wildlife Service took into account the concerns of our small fishing businesses by finalizing this rule,” said Everett M. Woodel, Jr., Acting Chief Counsel for Advocacy. “I am hopeful that the updated definition will provide small fishing businesses with the much-needed clarity they need to succeed.”

Advocacy worked with many fishing businesses to help bring attention to the real-world impacts of the confusion caused by the old definition of “shellfish.” One of those businesses, Lund’s Fisheries, explained how the updated FWS definition will help their business.

“On behalf of Lund’s Fisheries, we would like to thank the Trump administration for a solution to a burdensome requirement that will save us time, money and administrative difficulties,” said Wayne Reichle, President of Lund’s Fisheries Inc. in Cape May, New Jersey. “This is a perfect example of numerous federal agencies working in cooperation with the U.S. commercial fishing industry to make our seafood competitive on a global scale and creating thriving business here at home.”

Advocacy submitted a comment letter in support of the FWS’s broadening of the definition of “shellfish” to include cephalopods on April 6, 2026. Advocacy estimates that fixing this regulatory issue could save impacted small businesses at least $2.8 million. The final rule will take effect on July 23, 2026.

The definition of squid is one of the many fishing-related regulations Advocacy has heard about from U.S. small businesses. In March, Advocacy added onboard observer requirements and the designation of marine sanctuaries and national monuments to its “Small Businesses’ Most Wanted Reform” list. In a related development, SBA and Advocacy applauded President Donald J. Trump on June 12 for restoring nearly half a million square miles of U.S. commercial fishing access in three Pacific marine national monuments.

PRESS RELEASE

SBA No. 26-19 ADV

FOR MEDIA INQUIRIES, CONTACT:

Samantha Aschieris, Director of Communications

EMAIL:

samantha.aschieris@sba.gov

Federal rule expands ‘shellfish’ definition to include squid, octopus

June 26, 2026 — A longstanding federal definition of “shellfish” is changing to better reflect modern biology and simplify seafood trade regulations.

According to Newsweek, the U.S. Fish and Wildlife Service (USFWS) finalized a rule on June 23 that removes the requirement that shellfish have an external shell. The updated definition takes effect on July 23, 2026

Under the revised rule, shellfish now includes aquatic invertebrates within the phylum Mollusca, bringing squid, octopus, cuttlefish and other cephalopods under the same regulatory definition as oysters and clams. Crustaceans such as lobster, shrimp and crab remain included.

The previous definition described shellfish as “any species of mollusk having a shell,” language that regulators said no longer matched current biological classifications. Because many cephalopods have internal, reduced or no external shells, the old definition created uncertainty in how these species were handled at U.S. ports of entry.

Read the full article at the National Fisherman

Official US ‘Shellfish’ Definition Changed, Removes ‘Having a Shell’

June 24, 2026 — The U.S. Fish and Wildlife Service (FWS) has finalized a regulatory change redefining “shellfish,” removing the long-standing requirement that species under the classification must have an external shell.

The rule, published June 23 in the Federal Register, updates language in the Code of Federal Regulations to align with modern science and industry practices, officials said.

This means that squid, cuttlefish, octopus, and other cephalopods will now be included within the regulatory definition of shellfish, The agency said the move would clear up any ambiguity about classification, which it added has led to inconsistent treatment of mollusks and related species at U.S. ports of entry.

Read the full article at Newsweek

U.S. Fish and Wildlife Service Finalizes Rule Clarifying Squid as “Shellfish”

June 24, 2026 — The following was released by the The Mid-Atlantic Fishery Management Council:

The Mid-Atlantic Fishery Management Council welcomed a final rule published today by the U.S. Fish and Wildlife Service (USFWS) which clarifies that squid and other cephalopods are included within the regulatory definition of “shellfish.” This change brings the definition in line with current biological understanding and addresses a long-standing concern of the Mid-Atlantic Fishery Management Council and the U.S. squid industry.

Previously, squid were not recognized by USFWS as “shellfish” or “fishery products” and therefore did not qualify for an exemption from certain import and export rules intended to prevent the unauthorized trade of endangered and protected wildlife. While virtually all other U.S. commercial fishery products qualified for the exemption, the U.S. squid industry remained subject to additional licensing, inspection, and user fees that industry members described as duplicative and costly.

The Council has long maintained that these requirements placed U.S. squid producers at a competitive disadvantage in international markets. The issue was identified as a top priority in the Council’s responses to both Executive Order 13921 on Promoting American Seafood Competitiveness and Economic Growth (2020) and Executive Order 14276 on Restoring American Seafood Competitiveness (2025). The Council has detailed the economic impacts of the previous definition in multiple communications to leadership at the Department of the Interior, USFWS, and NOAA Fisheries, including a comprehensive request for action sent to the Secretary of Interior in December 2020.

“We are pleased to see this final rule published,” said Council Executive Director Chris Moore. “This is a common-sense change that will reduce unnecessary regulatory burdens on the U.S. squid industry while improving consistency and clarity in federal regulations. We appreciate the U.S. Fish and Wildlife Service’s responsiveness to stakeholder concerns, as well as the support from our partners at NOAA Fisheries in helping to achieve this outcome.”

The Mid-Atlantic Council manages Atlantic longfin squid and Illex squid fisheries in federal waters off the U.S. East Coast as part of its Mackerel, Squid, and Butterfish Fishery Management Plan. For additional background information related to this issue, visit the Council’s website.

US Fish and Wildlife Service seizes 50,000 shark fins in coordinated enforcement

April 20, 2026 — The U.S. Fish and Wildlife Service (USFWS) announced it seized roughly 50,000 shark fins as part of a coordinated enforcement action.

USFWS said it seized the shipments in October 2025 as part of “Operation Thunder,” which was kicked off by inspectors discovering a shipment of shark fins in Anchorage, Alaska. The investigation found additional shipments moving through Anchorage; Louisville, Kentucky; and Cincinnati, Ohio, transiting from Mexico to Hong Kong.

Read the full article at SeafoodSource