NOAA Fisheries recently announced a 90-day finding on a petition to list the shortfin mako shark as threatened or endangered under the Endangered Species Act (ESA) and to designate critical habitat concurrent with the listing.
“We find that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted,” the service stated in an official release to the public in mid-April, while adding “Therefore, we are initiating a status review of the species to determine whether listing under the ESA is warranted.”
Basically, within 90 days of receiving a petition, the federal government is required to publish a finding that states their decision on whether or not to accept a petition for more intense scrutiny. This is called a “90-day finding.”
The petition itself was submitted to the U.S. Secretary of Commerce on January 25, 2021 by Defenders of Wildlife, a 501(c)(3) nonprofit organization that claims to have more than 1.4 million members and supporters nationwide. In their petition letter, senior attorney for Defenders of Wildlife, Jane Davenport, cited overfishing as the greatest threat facing the shortfin mako. “The species is valued for its high-quality meat, fins, and other products and is targeted and retained as bycatch in coastal and pelagic commercial fisheries worldwide,” Davenport said in the letter, while adding “In addition, shortfin mako sharks are a prize for recreational fishers seeking to catch the world’s fastest shark.”
Talking heads in the mainstream media often use the word “endangered” or “threatened” when talking about certain fish species that may be in the news based on petitions and press releases issued by groups like Defenders of Wildlife, but an official “endangered” designation actually requires a more comprehensive analysis by federal authorities in the United States. Passed by Congress in 1973, the Endangered Species Act or ESA assigns responsibility of implementation to NOAA Fisheries and the U.S. Fish and Wildlife Service (NOAA Fisheries is responsible for endangered and threatened marine and anadromous species).
Any person or organization can petition the federal government to list a species as either threatened or endangered, but as established by the actual law it puts the final decision on whether or not such listing is warranted on the federal government. “When it is found that substantial scientific or commercial information in a petition indicates the petitioned action may be warranted (a “positive 90-day finding”), we are required to promptly commence a review of the status of the species concerned during which we will conduct a comprehensive review of the best available scientific and commercial information,” NOAA Fisheries stated in response to the petition.
“In such cases, we conclude the review with a finding as to whether, in fact, the petitioned action is warranted within 12 months of receipt of the petition,” said NOAA Fisheries, adding “Because the finding at the 12-month stage is based on a more thorough review of the available information, as compared to the narrow scope of review at the 90-day stage, a ‘may be warranted’ finding does not prejudge the outcome of the status review.”
So while the ESA petition to further protect the shortfin mako in U.S. waters has been received by NOAA Fisheries and an investigation into the petition’s merits has been opened, members of the fishing and scientific community have the opportunity to weigh in on the subject this month.
To help the federal government make a final determination as to whether or not to designate shortfin mako under an ESA listing, NOAA Fisheries is currently soliciting scientific and commercial information regarding this species. Comments are due by June 14, 2021; all electronic public comments can be sent via the Federal eRulemaking Portal at www.regulations.gov (enter NOAA-NMFS-2021-0028 in the Search box and click on the “Comment” icon.)
