# National Marine Fisheries Service

Type: government agency

Source: GetYourBrief — https://getyourbrief.com/entity/national-marine-fisheries-service-government-agency
Canonical HTML page: https://getyourbrief.com/entity/national-marine-fisheries-service-government-agency

## Timeline

- **2026-09-12**: Effective Date — The rescission takes effect; 'harm' no longer includes indirect habitat modification.
- **2026-07-14**: Final Rule Published in Federal Register — FWS and NMFS formally publish the final rescission rule, triggering 60-day effective countdown.
- **2026-07-10**: Joint Announcement — U.S. Department of the Interior and U.S. Department of Commerce announce final rule rescinding the 'harm' definition.
- **2026-02-26**: Judicial Order — A federal judge mandates immediate operational changes and increased spill at Columbia and Snake dams.
- **2025-04-24**: Proposed Rule Released — FWS and NMFS publish proposed rule to rescind the 'harm' definition, initiating public comment period.
- **2023**: Stay of Litigation — Parties agreed to a temporary stay to negotiate long-term solutions and operational changes.
- **2016**: Major Court Ruling — Judge Michael Simon rejects the federal government's salmon recovery plan as inadequate.
- **1995-06-29**: Babbitt v. Sweet Home Decision — Supreme Court upholds regulatory 'harm' definition including habitat modification; Justice Scalia files dissent.
- **1991**: First ESA Listing — Snake River sockeye salmon are listed as endangered, triggering decades of litigation.

## Recent coverage (3 stories, network-wide)

### Biotech's ESA Burden Lifted? 'Harm' Rule Ends in 60 Days, Easing Facility Permits
2026-07-15 00:05:22 · Sector: bio · Sentiment: Neutral · Impact: 7/10 · Sources: 2

The rescission of the ESA's 'harm' definition removes a major regulatory hurdle for biotech and pharma facility construction near sensitive habitats. Starting September 12, 2026, indirect habitat impacts will no longer trigger 'take' liability, potentially accelerating project timelines and reducing permitting costs for life-science companies.
Full story: https://getbiobrief.com/story/esa-harm-repeal-biotech-facilities

### ESA 'Harm' Rule Gone: Agencies Adopt Scalia Dissent, Effective Sept. 12, 2026
2026-07-15 00:04:12 · Sector: legal · Sentiment: Neutral · Impact: 7/10 · Sources: 2

Federal agencies have finalized the rescission of the Endangered Species Act's 'harm' definition, replacing it with Justice Scalia's dissent interpretation. This dramatically narrows what constitutes a prohibited 'take' and eliminates indirect habitat liability, creating significant legal uncertainty and anticipated litigation from conservation groups.
Full story: https://getlegalbrief.com/story/esa-harm-rescission-legal-impact

### Federal Judge Mandates Hydropower Operational Shifts to Save Salmon
2026-02-27 04:43:21 · Sector: climate · Sentiment: Neutral · Impact: 6/10 · Sources: 2

A federal judge has issued a landmark ruling requiring immediate operational changes to hydropower dams across the Columbia and Snake River basins to protect endangered salmon. The mandate prioritizes fish passage over maximum electricity generation, intensifying the long-standing conflict between carbon-free energy production and ecological preservation in the Pacific Northwest.
Full story: https://getclimatebrief.com/story/columbia-snake-river-dam-ruling-salmon-recovery

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