The U.S. Fish and Wildlife Service (FWS) announced endangered species status and designation of critical habitat under the Endangered Species Act (ESA) for the magnificent ramshorn freshwater snail species. The snail is from southeastern North Carolina. The final rule on the new ESA listing status is effective September 18, 2023.
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FWS Solicits Input on 5-Year Status Reviews for 47 Protected Species
The U.S. Fish & Wildlife Service (FWS) announced that it is initiating 5-year status reviews under the Endangered Species Act for 47 species in California, Nevada, and Oregon. FWS is requesting public submission of new information relating to these reviews through October 16, 2023.
Outside Magazine Reports that Trophy Hunting is a Critical Part of Wildlife Conservation
An article in Outside Magazine alleges that “hunting is the reason we have such abundant populations of wild animals in North America” and defends trophy hunting as a critical component of wildlife conservation. The author argues that trophy hunting “provides the tools for science-based [brown bear] management.”
FWS Seeks Public Input on Multiple ESA Recovery Permit Applications
The U.S. Fish & Wildlife Service (FWS) announced its receipt of multiple applications for permits to conduct activities intended to enhance the propagation or survival of Endangered Species Act-protected species, including insects, birds, reptiles, fish, amphibians, and mammals. FWS will accept public comments on the proposed permits through September 8, 2023.
NMFS Designates Critical Habitat for Five ESA-Listed Corals
The National Marine Fisheries Service announced its designation of critical habitat for five threatened Caribbean coral species. The new designations will become effective September 8, 2023.
NOAA’s Final Management Plan for National Marine Sanctuary East of Boston Now Available
The National Oceanic and Atmospheric Administration announced the availability of a final management plan and final environmental assessment for the Stellwagen bank National Marine Sanctuary, situated between Cape Ann and Cape Cod, Massachusetts.
Federal Court Denies Federal Agencies’ Motion to Dismiss ESA Case Relating to EPA Approval Process for Limits on Aquatic Cyanide Pollution in Washington State
The U.S. District Court for the District of Columbia denied a motion to dismiss filed by several federal agencies in a lawsuit brought by the Center for Biological Diversity challenging the U.S. Environmental Protection Agency’s (EPA) failure to “perform statutorily required consultations with the U.S. Fish & Wildlife Service and the National Marine Fisheries Service” pursuant to the Endangered Species Act (ESA) prior to the EPA’s approval of Washington state limits on aquatic cyanide pollution. U.S. District Judge Beryl Howell concluded that the EPA has an “ongoing obligation” to ensure those standards do not imperil endangered species and that the plaintiff had pleaded “sufficient facts to assert that defendants violated [consultation regulations under the ESA].”
FWS Announces Revised Stock Reports for Pacific Walrus and Certain Northern Sea Otters
The U.S. Fish & Wildlife Service announced the public availability of revised marine mammal stock assessment reports for the Pacific walrus and for each of the three northern sea otter stocks in Alaska.
Tuna Buyers Seek Class Certification in Case Alleging American Tuna Falsely Represents Tuna Products are Caught in U.S. Waters
Buyers are seeking class certification in a case alleging American Tuna, Inc. and its parent company, World Wise Foods, Ltd., misrepresent that their tuna products are sourced from fish caught in U.S. waters when a significant portion are not. The case is pending in the U.S. District Court for the Southern District of California.
Fourth Circuit Affirms that Shrimpers Who Toss Bycatch and Disturb Sediments are not “Discharging a Pollutant” in Violation of the CWA
The U.S. Court of Appeals for the Fourth Circuit ruled that shrimpers don't violate the Clean Water Act (CWA) when they throw bycatch overboard and disturb sediment with their trawl nets as alleged by North Carolina Coastal Fisheries Reform Group and a group of individual plaintiffs. The Fourth Circuit affirmed a lower court’s dismissal of the case, finding that because “[r]eturning bycatch to the ocean is not discharging a pollutant” and “trawl nets merely kick up sediment already present,” the activities do not violate the CWA.