Protecting And Rebuilding River Herring And Shad

Earthjustice is protecting river herring and shad—foundations of the oceanic food chain—from industrial overfishing operations that are causing massive population crashes with no repercussion from federal oversight agencies.

Regional Office / Program

Case Overview

River herring (alewife and blueback herring) are, or more accurately were, a critical component of the eastern seaboard’s coastal ecosystem, serving as a significant food source for a variety of fish, birds and mammals. Recent data show that the river herring population has crashed by more than 90 percent since 1985.

Shad (American and hickory) are related to herring, occupy a similar ecological niche, and are also in danger of regional eradication.

The culprit is the same for both fish: a lack of federal regulation to prevent industrial fishing boats from catching herring and shad in unsustainable amounts.

Earthjustice is representing commercial and recreational fishermen in challenging the National Marine Fisheries Service’s failure to protect river herring and shad from being caught and killed by Atlantic industrial fisheries. Our lawsuits challenge the agencies failure to conserve and manage river herring and shad populations under the Magnuson-Stevens Act which was put in place to end overfishing, rebuild depleted stocks, establish annual catch limits and accountability measures, and minimize bycatch.

The New England Council and NMFS have thumbed their nose at federal management of these species as “stocks” in the herring fishery for years, despite a court order to do so. In June 2013, following years of pressure from Earthjustice and allied organizations, the Mid-Atlantic Fishery Management Council initiated its second amendment (known as Amendment 15) to recover these ailing fish populations with federal management as “stocks” in the mackerel fishery. But in a stark about-face, the Council and federal agencies voted sixteen months later to do away with the recovery plan.

Earthjustice is challenging this reversal in federal court.

River herring swim upstream.
River herring and other species have been decimated by the unregulated catch by industrial mid-water trawl fishermen. (NOAA Photo)

Case Updates

March 27, 2017 Document

Order vacating and remanding listing determination Blueback herring ESA Listing

This matter is REMANDED to the National Marine Fisheries Service for further proceedings consistent with the Court’s Memorandum Opinion

March 27, 2017 Document

Memorandum Opinion Blueback herring ESA Listing

The Court will grant Plaintiffs’ motion for summary judgment and deny the Service’s cross-motion for summary judgment. The Court will, accordingly, vacate the Listing Decision with respect to blueback herring and will remand this matter to the Service for further proceedings consistent with this opinion. A separate order will issue. /s/ Randolph D. Moss RANDOLPH D. MOSS United States District Judge.

A blueback herring.
March 27, 2017 Press Release: Victory

Fishermen Angle Victory to Protect Link in Ocean’s Food Chain

Earthjustice and NRDC case leads to federal court ordering the National Marine Fisheries Service to reconsider classifying blueback herring as a threatened species under the Endangered Species Act