On August 27, 2019, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Services) announced the finalization of regulations governing implementation of various aspects of the Endangered Species Act (ESA). Among those regulations were rules setting forth how the Services and other federal agencies were to consult on potential impacts of federal activities … Continue Reading
Nossaman’s Environmental Practice attorneys will be off to a great start in 2019 presenting at many key events around the U.S. focused on endangered species and environmental issues. First, on January 10th, Austin-based Environment & Land Use Partner Brooke Wahlberg will speak at the Texas Public Policy Foundation’s 2019 Policy Orientation in Austin. Brooke’s presentation … Continue Reading
On February 27, 2018, the National Marine Fisheries Service (“Service”) published a 90-day finding on the Karuk Tribe and Salmon River Restoration Council’s (“Petitioners”) petition to list the Upper Klamath-Trinity Rivers Basin (“UKTR”) Chinook salmon (Oncorhynchus tshawtscha) evolutionarily significant unit (“ESU”) as endangered or threatened. Based on the information included in Petitioners’ filing, the Service … Continue Reading
On February 12, 2018, in Alaska Oil & Gas Association v. National Marine Fisheries Service, Case No. 16-35380, the U.S. Court of Appeals for the Ninth Circuit reversed a 2016 decision by the U.S. District Court for the District of Alaska that vacated a final regulation listing the Arctic subspecies of ringed seal (Phoca hispida hispida, Phoca … Continue Reading
On January 30, 2018, the National Marine Fisheries Service (NMFS) issued a final rule listing the oceanic whitetip shark (Carcharinus lonigmanus) as a threatened species under the Endangered Species Act (ESA). This final listing rule is the culmination of NMFS’ analysis following the 2015 petition filed by Defenders of Wildlife seeking to either list the … Continue Reading
On February 10, 2016, lawmakers on the House Natural Resources Subcommittee on Water, Power, and Oceans are scheduled to discuss several wildlife laws, including the Endangered Species Act (ESA), Marine Mammal Protection Act (MMPA), and Migratory Bird Treaty Act (MBTA). The Oversight Hearing is entitled “The Costly Impacts of Predation and Conflicting Federal Statutes on … Continue Reading
On February 10, 2015, the National Marine Fisheries Service and the National Oceanic Atmospheric Administration (“Services”) issued a final rule (pdf) to include captive killer whales in the Southern Resident killer whale distinct population segment (DPS) of killer whales (Orcinus orca). The DPS has been listed as endangered under the federal Endangered Species Act (ESA) since 2005, but … Continue Reading
On February 2, 2015 the National Marine Fisheries Service (“Service”) announced its plan to extend the period for public comments on its December 3, 2014 proposed designation of critical habitat for the threatened Arctic Ringed Seal (Phoca hispida hispida), reported on this blog. (80 FR 5498 [pdf].) The Service’s proposed rule would designate millions of acres … Continue Reading
On December 3, 2014, the National Marine Fisheries Service (NMFS) published its proposed rule designating critical habitat for the threatened Arctic Ringed Seal (Phoca hispida hispida). (79 Fed. Reg. 71,714). The proposed designation, if finalized, would mark one of the largest critical habitat designations in the Bering, Beaufort, and Chukchi seas, consisting of millions of acres. The … Continue Reading
