Published December 4, 2024 by Defend Them All and the Center for Biological Diversity.

SAN FRANCISCO— Conservation groups reached a legal agreement with the National Marine Fisheries Service today that requires the agency to determine by August 1, 2025, whether the tope shark warrants protection under the Endangered Species Act. 

The Service announced in April 2022 that the tope shark — also known as the “soupfin shark” — could warrant protection. But despite a legal obligation to issue a proposed rule or petition denial by February 2023, the agency has failed to take action. Today’s agreement resolves a 2024 lawsuit the groups filed over the delayed decision and missed deadline. 

“Threats to the tope shark population didn’t let up while federal officials stayed quiet, so I’m pleased that this delay will finally come to an end,” said David Derrick, an attorney at the Center for Biological Diversity. “Tope sharks are in great danger from fin-hunting and fishing gear entanglements, and they’ll need our help to recover.”    

The Service’s initial finding responded to a February 2022 petition submitted by the Center for Biological Diversity and the Defend Them All Foundation.

In the United States, the tope shark’s prime habitat includes the waters off California, Oregon and Washington. Off Southern California, tope sharks face a high risk of bycatch and entanglement in Mexico’s gillnets as well as habitat degradation. The tope shark population has declined by nearly 90% over about 80 years.

“We’re optimistic that long-overdue protections for the tope shark are finally on the horizon,” said Lindsey Zehel, a Defend Them All attorney. “As compounding threats to the species continue to intensify, immediate action is necessary to halt the  tope shark’s decline and preserve the integrity of our coastal ecosystems.”

The groups’ petition also asks the Service to designate critical habitat essential to the survival and recovery of the tope shark, including its West Coast breeding sites.

The International Union for Conservation of Nature categorizes the tope shark as critically endangered. The species is highly threatened with extinction because of commercial overfishing for liver oil, meat and fins, as well as bycatch and habitat degradation. The United States has not developed a stock assessment or fishery management plan for tope sharks, so their status here is largely unknown.

The tope shark is long and slender, growing up to 6.5 feet long and nearly 100 pounds. The sharks can live up to 60 years and mature late, at 12.5 years on average. Tope sharks are found in temperate, shallow waters along coastlines around the world, from North America to Australia to the Mediterranean and are known for far-ranging seasonal migrations. However, pups remain in near-shore, warmer water nursery grounds for up to two years.

The entire U.S. West Coast is excellent tope shark territory, from La Jolla in San Diego County north to Washington state. The shark gathers in five zones: La Jolla in San Diego County, the rest of San Diego, Orange and Los Angeles counties (including Santa Catalina Island), Ventura and Santa Barbara counties (including the Northern Channel Islands), San Luis Obispo through Sonoma counties (including San Francisco Bay and the Farallon Islands), and Oregon and Washington.

A tope shark listing could trigger critical habitat protections and a thorough review of fishing practices, both of which are necessary to safeguard the species and aid in its recovery.