Alaska v. National Marine Fisheries Service

The federal district court for the District of Alaska vacated final rules designating over 160 million acres of Alaska’s coastal waters as critical habitat under the Endangered Species Act for the Beringia distinct population segment of the bearded seal and for the Arctic ringed seal. The court agreed with the State of Alaska that the National Marine Fisheries Service (NMFS) acted arbitrarily and capriciously because the agency “failed to articulate a satisfactory explanation for why the entirety of the designated areas in U.S. territory are indispensable to the seals’ survival and recovery,” “failed to consider any foreign nation efforts to conserve the seals,” and failed to consider the economic benefits of excluding some areas from critical habitat. The court found, however, that NMFS adequately explained its identification of areas where dynamic sea ice essential features would be found and adequately determined that essential habitat features might need special management considerations or protections from the potential threats of climate change, oil and gas exploration, marine shipping and transportation, and commercial fisheries. In addition, the court rejected the argument that the Endangered Species Act or its regulations required “an express prudency determination” for critical habitat designations.