NOAA Fisheries has determined that some tope shark populations should be protected under the Endangered Species Act (ESA) but others are at no risk of extinction.
“After reviewing the best scientific and commercial data available, we have determined that this species is comprised of six distinct population segments (DPSs) and that two, the Southern Africa and Southwest Atlantic DPSs, are likely to become in danger of extinction throughout all or a significant portion of their ranges in the foreseeable future,” the agency said in announcing the decision on the federal register. “We have also determined that the remaining four DPSs – the Northeast Atlantic, [Northeast] Pacific, [Southwest] Pacific, and Southeast Pacific DPSs – do not meet the definition of a threatened or endangered species under Section 4(a) of the ESA and therefore do not warrant listing under the ESA.”
Conservation NGOs The Center for Biological Diversity (CBD) and Defend Them All Foundation first petitioned NOAA Fisheries to list tope sharks under the ESA in 2022, claiming that the fish were in danger of extinction. The species is listed as critically endangered by the International Union for the Conservation of Nature and CBD claimed the population declined by roughly 90 percent over 80 years.
“These sharks are spiraling toward extinction because of shark fin soup and a disregard for how many are killed as bycatch in other fisheries,” CBD scientist Kristin Carden said at the time. “Tope sharks need protections in offshore fishing grounds, as well as in their nearshore pupping grounds. The federal government has to move quickly to safeguard these incredibly imperiled animals and their West Coast habitat.”
NOAA Fisheries acknowledged in a 90-day finding that the sharks may warrant protections but then skipped past the 12-month deadline for issuing a full determination. In 2024, the groups sued the agency to finally complete the finding, and later that year the government agreed to issued a 12-month determination by 1 August 2025.
On 15 April – more than eight months after that deadline – NOAA Fisheries issued its mixed finding, supporting ESA listing for two of the six DPSs.
“Tope sharks in the U.S. and all over the world badly need a break from humans’ killing to recover, but this limited proposal just doesn’t go far enough,” CBD Senior Attorney Catherine Kilduff said in a release. “If the Trump administration actually follows through on these protections, it’ll offer some hope for two international tope shark populations. But on the U.S. West Coast, shrunken populations that were once heavily targeted still need help. The federal government should have proposed protecting all tope sharks.”
