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document March 27, 2017

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.

document March 27, 2017

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

The Mid-Atlantic blueback river herring population is at risk of extinction.
(Duane Raver / U.S. Fish & Wildlife Service)
Press Release: Victory March 27, 2017

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

document October 5, 2015

Catch Caps for River Herring and Shad in FY2016-2018

Letter to Regional Administrator John Bullard, NMFS, Greater Atlantic Regional Fisheries Office, on behalf of Earthjustice’s clients in Flaherty v. Bryson, urging him to reject the New England Council’s recommendation for the river herring and shad (RH/S) catch caps in the proposed 2016-2018 Atlantic herring specifications.

A blueback herring. Due primarily to the impacts of dams and habitat destruction, overfishing, and water pollution, blueback herring are now reduced to tiny remnant runs.
(Duane Raver / U.S. Fish & Wildlife Service)
Press Release February 10, 2015

Groups Go To Court to Protect Blueback Herring from Extinction

Challenge flawed decision not to list imperiled river herring as a “threatened species”

document February 9, 2015

Legal Document: Groups Go To Court to Protect Blueback Herring from Extinction

Earthjustice, NRDC and a coalition of fishing and watershed protection groups filed a complaint today in federal court seeking to reverse a decision by the National Marine Fisheries Service not to list the blueback herring as a threatened species under the Endangered Species Act.

document October 17, 2014

River Herring – Notice of Intent to Sue

Earthjustice and NRDC Join Fishing and Watershed Groups to File Notice to Sue to Protect Imperiled River Herring

The Mid-Atlantic blueback river herring population is at risk of extinction.
(Duane Raver / U.S. Fish & Wildlife Service)
Article October 17, 2014

Earthjustice, NRDC, Fishing & Watershed Groups File Notice to Sue for ESA Protection of Imperiled River Herring

The Endangered Species Act is clear. Given the imperiled status of blueback herring and the lack of sufficient action by regulators to stem the decline of river herring, a threatened designation for blueback herring is now necessary to jump start recovery.

A mid-water trawler that fishes for Atlantic herring in New England waters.
(Photo by Greg Wells)
Article July 31, 2014

Atlantic Forage Fish Need Oversight of Industrial Trawl Fleet

Scientists and fishermen agree that the industrial midwater trawl fleet is taking a toll on many species on the Atlantic Coast. Unfortunately, an important action to rein in this damage is facing a substantial delay.

Article May 5, 2014

Are the Feds Studying River Herring to Death?

The industrial Atlantic herring and mackerel fisheries continue to kill river herring by the millions as “incidental catch” with little oversight and no meaningful accountability.

document November 8, 2013

Amendment 15 Complaint

Fishermen sue National Fisheries Service to protect river herring and shad from industrial trawlers.

Press Release November 8, 2013

Fishermen Sue National Fisheries Service to Protect River Herring and Shad from Industrial Trawlers

Recent decision to kill new plan violated federal law

Article August 15, 2013

Troubled Waters for Atlantic Herring

Pity the lowly herring, an essential species getting little love these days from the government agencies that are supposed to protect them.

Press Release: Victory April 23, 2013

Heritage Fish Regain Access to Spawning Habitat

A new law that takes effect today will remove a blockade across a U.S.-Canadian border river erected nearly two decades ago that prevented alewives (river herring) from returning to their historic spawning habitat.

Press Release: Victory August 3, 2012

Federal Judge Strikes Down Latest Atlantic Herring Management Plan

U.S. District Court Judge Gladys Kessler has found that the National Marine Fisheries Service (NMFS) acted illegally in approving the plan put together by the New England Fisheries Management Council known as Amendment 4 and tossed out the entire amendment.

document August 2, 2012

Amendment 4 Order

U.S. District Court Judge Gladys Kessler found that the National Marine Fisheries Service acted illegally in their implementation of New England Fisheries Management Plan known as Amendment 4 for river and sea herring

Press Release: Victory July 11, 2012

EPA Finds Maine River Herring Exclusion Law is Illegal

Barriers to native habitat must be removed to restore this “keystone” species

document July 10, 2012

EPA Finding on Maine river herring law

EPA finding on Maine River Herring Law