Endangered Species Law & Policy

On August 12, 2013, the National Marine Fisheries Service refused to list the alewife herring (Alosa pseudoharengus) and blueback herring (Alosa aestivalis), concluding that based on the best scientific and commercial data available, neither species warranted protection under the Endangered Species Act.  The determinationn was in response to a petition submitted by the Natural Resources Defense Council.  The news was not all bad for the herring, however, as the National Marine Fisheries Service also stated that it will be working with the Atlantic States Marines Fisheries Commission and other partners "to implement a coordinated coast-wide effort to continue to address data gaps and proactively conserve river herring and their habitat."

On August 13, 2013, the U.S. Fish and Wildlife Service listed the Gierisch mallow (Sphaeralcea gierischii), concluding that based on the best scientific and commercial data available, the plant found primarily on federal lands in Arizona and Utah warranted protection under the Endangered Species Act.  In addition to listing the plant as endangered, the Fish and Wildlife Service also designated 12,822 acres as critical habitat for the herb.

On August 14, 2013, the U.S. Fish and Wildlife Service issued a proposed rule to designate the Florida leafwing (Anaea troglodyta floridalis) and Bartram's scrub-hairstreak (Strymon acis bartrami) butterflies as endangered species under the Endangered Species Act.  The proposed rule states that listing is warranted in light of "a lack of adequate fire management, small population size, isolation from habitat loss and fragmentation, loss of genetic diversity, inadequate regulatory mechanisms, pesticide applications, poaching, hurricanes and storm surge, and sea level rise,"  According to the notice, comments on the proposed listing must be submitted on or before October 15, 2013.  On August 14, 2013, the U.S. Fish and Wildlife Service also issued a proposed rule to designate approximately 8,283 acres in Miami-Dade and Monroe Counties, Florida, as critical habitat for the Florida leafwing butterfly, and approximately 9,261 acres in Miami-Dade and Monroe Counties, Florida, as critical habitat for the Bartram's scrub-hairstreak butterfly.  According to the notice, comments on the proposed critical habitat designation must be submitted on or before October 15, 2013.