On behalf of Defenders of Wildlife and the Center for Biological Diversity, we write to notify you of violations of section 7 of the Endangered Species Act (“ESA”), 16 U.S.C. § 1536, in connection with the National Marine Fisheries Service’s (“NMFS”) failure to reinitiate and complete consultations regarding the effects of its continued authorization of fisheries managed under the Atlantic Highly Migratory Species Fishery Management Plan (“HMS FMP”) on the oceanic whitetip shark and the giant manta ray. By failing to complete consultation, NMFS is failing to ensure that its activities do not jeopardize the continued existence of these species. Complying with the section 7 duty is particularly critical for these two species because NMFS has not extended substantive protections to the shark or manta ray under section 4(d) of the ESA.

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.

In this suit for declaratory and injunctive relief, Conservation Law Foundation challenges the failure of the Secretary of Commerce and the National Marine Fisheries Service to protect critically endangered North Atlantic right whales and their critical habitat by completing the legally-required Endangered Species Act “Section 7” consultation prior to approval of the Omnibus Essential Fish Habitat Amendment, in violation of the Endangered Species Act, 16 U.S.C. §§ 1531-1544, the Magnuson-Stevens Fisheries Conservation and Management Act, 16 U.S.C. §§ 1801-1884, and the Administrative Procedure Act, 5 U.S.C. §§ 701-706.