Stop the Rollback of the Endangered Species Act

Overview

We can’t protect endangered species without protecting their homes. Federal agencies are attempting to weaken the Endangered Species Act (ESA) by rescinding the regulatory definition of “harm”—a change that would make it easier to damage the habitats endangered species rely on to survive.

Friends of the San Juans has long led efforts to secure and uphold protections for these species. As a co-petitioner, Friends helped achieve the original federal endangered species listing for the Southern Resident killer whale—ensuring their protection under the ESA. Since then, we’ve continued to advocate for their recovery through legal action, policy work, and participated in the Governor’s Southern Resident Killer Whale Task Force. We also helped shape and implement key habitat-focused policies, including oil spill prevention, all designed to reduce harm to marine life.

Now, we’re calling on you to join us in defending the ESA itself.

What’s At Stake?

• The Salish Sea is home to 16 federally endangered species that can’t speak for themselves, including Southern Resident killer whales, chinook salmon, and marbled murrelets. It’s up to us to defend the ecosystems they depend on.
• The Endangered Species Act currently prohibits actions that harm listed species, including the destruction or degradation of their habitat.
• The proposed rule would significantly weaken these protections by focusing only on direct harm to individual animals—ignoring habitat destruction, one of the leading causes of species extinction.
• Removing the definition of “harm” would allow significant habitat damage that leads to the death or injury of endangered species, without legal consequences.

The Opportunity

This is a critical moment. Endangered species can’t speak for themselves! Speak up to protect endangered species, their habitats, and the strength of the ESA—before it’s too late.

Take Action Now

Your voice must be heard by May 19, as this proposed change is going through the rulemaking process.

Submitting your own unique comments will help ensure that your concerns are not ignored. Write about why you want the Endangered Species Act to continue to protect the habitats that we all depend upon, and the local impact it would have. Give voice to the economic impacts that will be caused by this change, such as how continued declines in salmon and Southern Resident killer whales would impact the region’s economy. See the 16 marine species in the Salish Sea that are listed under the Endangered Species Act as of 2021.

Comment Suggestions

1. Do not rescind the regulatory definition of “harm” under the Endangered Species Act (ESA).
2. The ESA cannot protect endangered species without also protecting species’ habitats, as required by the current definition of “harm,” which includes habitat modification.
3. Rescinding the definition attempts to exclude habitat degradation that kills or injures wildlife from the ESA’s “take” prohibition.
4. Allowing habitat impacts would significantly affect both endangered species and the human environment.
5. Protecting species’ habitats also safeguards ecosystems that provide essential benefits to people.
6. Weakening protections for Southern Resident killer whales’ habitat, including the Salish Sea, would imperil their recovery and harm human cultural, environmental, and economic values.
7. The health of this habitat supports shoreline communities through ecotourism, quality of life, and local economies.
8. Southern Resident killer whales hold deep cultural significance for Indigenous Nations, who lead efforts to share their importance and advocate for their rights.
9. Please withdraw the proposed rule that rescinds the regulatory definition of “harm” under the Endangered Species Act or provide an environmental assessment or impact statement, as required under the National Environmental Policy Act.

Learn More

• Regulations.gov Rulemaking website, Rescinding the Definition of Harm under the Endangered Species Act
• Friends of the San Juans’ comment letter
• CRS (Congressional Research Service) report, The Endangered Species Act: Overview and Implementation
• Wainstein, M. and J.K. Gaydos, 2022. Marine Species at Risk: A Salish Sea Transboundary Indicator with More Potential. Proceedings of the 2022 Salish Sea Ecosystem Conference, April 2022: https://www.seadocsociety.org/s/Wainstein-and-Gaydos-2022-Salish-Sea-Species-at-Risk-Proceedings.pdf  

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