National Marine Fisheries Service

News & Analysis as of

New Article Takes Stock Of Federal Agency Proposal To Use Surrogates To Establish Take Limits

In an article forthcoming in the Journal of Environmental Studies and Sciences, Dr. Dennis Murphy and I examine a proposal by the Fish and Wildlife Service and National Marine Fisheries Service to amend the existing...more

Alaska Urges National Marine Fisheries Service To Delist Subpopulation Of Humpback Whales

On February 26, the Alaska Department of Fish and Game petitioned the National Marine Fisheries Service (NMFS) to remove the Central North Pacific subpopulation of humpback whales from the federal list of endangered or...more

BOEM Releases Final Programmatic Environmental Impact Survey For Offshore Atlantic Geological and Geophysical Activity

On February 27th, the Bureau of Ocean Energy Management, in cooperation with NOAA’s National Marine Fisheries Service (NOAA Fisheries), and pursuant to the National Environmental Policy Act (NEPA), released its final...more

National Marine Fisheries Service To Conduct Status Review For Four Cetaceans

Today, the National Marine Fisheries Service (NMFS) announced a 90-day finding on a petition to list the Hector’s dolphin (Cephalorhynchus hectori), the Baltic Sea subpopulation of harbor porpoise (Phocoena phocoena), the...more

Oversight Of Pesticide Ingredients May Trigger A Duty To Consult Under The Endangered Species Act

In Center for Biological Diversity v. Environmental Protection Agency, No. 11-cv-00293, plaintiffs sued the Environmental Protection Agency (EPA), alleging that EPA’s oversight of pesticide ingredients, including trifluralin,...more

Bay Delta Conservation Plan and Draft EIR Released for Public Comment: Greatest Habitat Restoration Plan Ever or Pork Barrel...

The Bay Delta Conservation Plan (BDCP), an ecosystem plan designed to restore habitat and help endangered fish species recover while also keeping water flowing to customers through construction of the proposed water tunnel...more

National Marine Fisheries Service Considers Listing The Pinto Abalone Under The Endangered Species Act

The National Marine Fisheries Service (NMFS) published a 90-day finding (pdf) on two petitions to list the pinto abalone (Haliotis kamtschatkana) as threatened or endangered under the Endangered Species Act (ESA) and...more

NMFS Determines Gulf Of Mexico Sperm Whales Do Not Warrant Listing Under The Endangered Species Act

The National Marine Fisheries Service (NMFS) announced (pdf) that it will not list the Gulf of Mexico population of sperm whales (Physeter macrocephalus) as an endangered or threatened distinct population segment (DPS) under...more

National Marine Fisheries Service Delists The Eastern Population Of The Steller Sea Lion

Last week, the National Marine Fisheries Service (NMFS) issued a final rule delisting the eastern distinct population segment (DPS) of the Steller sea lion (Eumetopias jubatus) from the list of threatened and endangered...more

Citing Disagreements Over Climate Change Data, National Marine Fisheries Service Postpones Listing Determination On 68 Coral...

In December 2012, the National Marine Fisheries Service (NMFS) published a proposed rule to list 66 species of reef-building coral as threatened or endangered under the Endangered Species Act (ESA), and to re-classify two...more

Endangered Species Act Proposed Rulemaking

On September 4, 2013, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the "Resource Agencies") jointly proposed new regulations governing the issuance of "incidental take...more

Services Propose New Regulations For Incidental Take Under the Endangered Species Act

On September 4, 2013, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) jointly proposed new regulations governing the issuance of "incidental take statements" (ITSs) under Section 7 of the...more

D.C. District Court Upholds U.S. Fish & Wildlife's Determination That The Tri-State Population Of The Marbled Murrelet Warrants...

In American Forest Resource Council v. Ashe, 1:12-cv-00111 (D.D.C. Sept. 5, 2013), the U.S. District Court for the District of Columbia upheld the U.S. Fish & Wildlife Service’s (Service) determination that the Washington,...more

Federal Wildlife Agencies Issue Proposed Rule That Would Codify Practice Of Using Surrogates In Incidental Take Statements

On September 4, 2013, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the Services) issued a proposal rule to amend the regulations governing consultation under section 7 of the...more

Final ESA Rule Changes to Impact Analyses in Critical Habitat Designations

Effective October 30, 2013, a final rule issued jointly by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, the "Services") modifies when and how the Services analyze impacts,...more

Final Rule Issued On Economic Impact Analyses For Endangered Species Act Critical Habitat Designations

On August 28, 2013, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services) issued a final rule revising their regulations for analyzing the economic impacts of critical habitat designation...more

Federal Wildlife Agencies Issue Final Rule Adopting "Incremental" Approach To Economic Impact Analyses Conducted For Critical...

On August 28, 2013, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) issued a final rule adopting an “incremental” approach to preparing an economic impact analysis required for a...more

NMFS Proposes Critical Habitat Designation for Three Rockfish Species Within The Puget Sound/Georgia Basin

The National Marine Fisheries Service ("NMFS") proposes to designate critical habitat within the Puget Sound/Georgia Basin for three species of rockfish, including the endangered Distinct Population Segments ("DPS") of...more

Critical Habitat Proposed For Rockfish

Yesterday, the National Marine Fisheries Service issued a notice of proposed rule to designate approximately 1,184 square miles of marine habitat in the Puget Sound as critical habitat for the threatened distinct population...more

National Marine Fisheries Service Proposes Designating 36 Marine Areas As Critical Habitat For The Loggerhead Sea Turtle

The National Marine Fisheries Service (NMFS) recently issued a proposed rule designating critical habitat for the Northwest Atlantic Ocean loggerhead sea turtle Distinct Population Segment (DPS) (Caretta caretta) within the...more

Ninth Circuit Affirms Lower Court Decision Upholding Commercial Fishing Restrictions In Alaska To Protect Endangered Steller Sea...

On July 23, 2013, the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court decision upholding restrictions on commercial fishing in Alaska to protect the western Distinct Population Segment (DPS) of the Steller...more

State And Federal Wildlife Agencies May Disagree About The Status Of The Great White Shark

Today, the National Marine Fisheries Service (NMFS) completed its status review of the northeastern Pacific population of white shark (Carcharodon carcharias) and concluded that listing the species under the Endangered...more

National Marine Fisheries Service Proposes A Merger Of Its West Coast Regions

The National Marine Fisheries Service (NMFS) recently proposed merging its Southwest and Northwest administrative regions, which would result in a savings of $3 million annually in management costs. NMFS is a component of the...more

First Oregon, Now Washington Water Quality Standards Under Attack

On February 26, in a reprise of its partially successful assault on Oregon water quality standards, Northwest Environmental Advocates sent a Notice of Intent to Sue EPA for alleged violations of the Clean Water Act and...more

Fourth Circuit Strikes NMFS Biological Opinion Regarding Pesticide Registrations

In a unanimous panel decision, the United States Court of Appeals for the Fourth Circuit held that a biological opinion issued by the National Marine Fisheries Service (NMFS) regarding the effects of three pesticides on...more

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