The D.C. District Court rules against the Trump administration for violating federal law by failing to use all available scientific evidence to end the overfishing of dusky sharks in U.S. waters. The ruling, in response to an Oceana lawsuit filed by Earthjustice, requires the federal government to do more to end the rampant overfishing that has plagued dusky sharks.
The National Marine Fisheries Service is unlawfully withholding information requested under the Freedom of Information Act that are related to a Final Rule implementing Amendment 5b to the Highly Migratory Species (“HMS”) Fishery Management Plan. 82 Fed. Reg. 16,478 (April 4, 2017).
Plaintiff Oceana, Inc. (“Oceana”) on behalf of its adversely affected members hereby challenges the unlawful decision of the National Marine Fisheries Service (“Fisheries Service” or “Defendants”) to adopt and promulgate Amendment 5b to the Highly Migratory Species (“HMS”) Fishery Management Plan because it failed to establish measures necessary to end overfishing and rebuild the dusky shark population to a healthy level as mandated by the Magnuson-Stevens Fishery Conservation and Management Act (“Magnuson-Stevens Act”).
In a court settlement, the National Marine Fisheries Service agrees to develop and new rule to address dusky shark conservation and management, as required by the Magnuson-Stevens Act.
The dusky shark (Carcharhinus obscurus) is a highly migratory apex predator that has experienced dramatic declines in the population’s abundance due to fishing pressure. Averaging about twelve feet long, they inhabit warm temperate and tropical ocean waters around the globe. The northwest Atlantic population of dusky sharks occurs from southern Massachusetts to Florida, the Caribbean…
Plaintiff Oceana, Inc. on behalf of its adversely affected members hereby challenges the failure by the National Marine Fisheries Service to take timely action to limit the number of dusky sharks killed by fishing activity each year, end overfishing, and rebuild the northwest Atlantic dusky shark population to a sustainable level, as it is required to do under the Magnuson-Stevens Fishery Conservation and Management Act.
Dusky sharks are top ocean predators—even hunting other sharks—but they’re no match for destructive longline fishing gear.
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