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The federal government has officially redefined what it means to “harm” a protected species under the Endangered Species Act (ESA). For decades, “harm” included doing damage to a species’ listed habitat. Under the new rule, habitat damage will no longer automatically count as harming a species’ survival.

For commercial fishermen and aquaculture producers nationwide, this is being framed by federal officials as a massive step toward cutting through bureaucratic red tape.

Why the Change Happened Now

This regulatory rollback leans heavily on the Supreme Court’s 2024 Loper Bright v. Raimondo decision, which ended “Chevron deference” (the old practice where courts deferred to a federal agency’s own interpretation of ambiguous laws).

The Departments of Commerce and Interior are using this legal precedent to argue that past administrations overstepped what Congress originally intended, turning routine land and water use into regulatory traps.

Implications for California Aquaculture

While federal leaders are pointing to this as a win for economic growth and regulatory certainty, we want to urge a bit of caution for our growers here in California.

Two big reasons to keep your guard up:

1. The California Factor: Even if federal ESA rules ease up on habitat definitions, California has its own incredibly strict environmental laws. The California Endangered Species Act (CESA) and coastal commission protections still firmly apply to state waters and land use. Easing a federal rule doesn’t automatically mean smoother sailing at the state level.
2. Impending Legal Battles: Environmental advocacy groups, including Earthjustice, have already announced plans to sue the administration to block this change. This means the rules are highly likely to tied up in court for a while before anyone sees a permanent change on the water.