National Marine Fisheries Service

In this action for declaratory and injunctive relief, Conservation Law Foundation (“CLF” or “Plaintiff”) challenges the Secretary of Commerce and the National Marine Fisheries Service’s (collectively, “NMFS” or “Defendants”) ongoing authorization and management of the American lobster fishery and their failure to prevent jeopardy and unlawful takes of endangered North Atlantic right whales (“right whales”) in violation of the Endangered Species Act (“ESA”), Marine Mammal Protection Act (“MMPA”), and Administrative Procedure Act (“APA”). See 16 U.S.C. §§ 1531-1544; 16 U.S.C. §§ 1361-1389; 5 U.S.C. §§ 701-706.

Judge Koh ruled that NMFS failed to base their annual catch limit (25,000 mt), acceptable biological catch (25,000 mt), and overfishing limit (100,000 mt) for anchovy on the best available scientific information. At the time NMFS promulgated its Catch Rule, the best available science showed that the anchovy population was likely less than 32,000 mt and anchovy-dependent predators like the California brown pelican and California sea lion had already experienced multi-year starvation and breeding failures due to lack of food. Judge Koh also found that NMFS failed to demonstrate that the rule would prevent overfishing, as required by the Magnuson Act. Because she found it failed to prevent overfishing, she did not reach the claim that the rule also failed to achieve optimum yield by accounting for the food needs of marine predators. Finally, she held that our challenge to the previously established overfishing limit and acceptable biological catch (from which the annual catch limit is derived) was timely under the 9th Circuit Ore. Trollers decision.

Excerpts from a report by National Marine Fisheries Service, finding that organophosphate pesticides jeopardize salmon survival and destroy their critical habitat.

The Conservation Law Foundation (“CLF”) and co-counsel Earthjustice hereby give notice pursuant to 16 U.S.C. § 1540(g) of our intent to sue the U.S. Department of Commerce, the Secretary of Commerce, the National Ocean and Atmospheric Administration’s National Marine Fisheries Service, and the Assistant Administrator for Fisheries (collectively “NOAA Fisheries” or the “Agency”) for violations of the Endangered Species Act, 16 U.S.C. §§ 1531 et seq., specified below. The alleged violations concern the effects of the American lobster fishery on the endangered North Atlantic right whale (Eubalaena glacialis) (“right whale”). We intend to file suit in United States District Court seeking appropriate declaratory relief, injunctive relief, and other relief no earlier than sixty days from the postmark date of this notice letter.