On October 13, 2005, NOAA Fisheries Service received a letter from W. Dieter Busch (the petitioner) requesting the recall of the eastern oyster petition. In his letter , Mr. Busch indicated that his recall request is due to confusion over the petition process. He noted the significant concerns of some that the species may be listed as endangered; thereby, creating severe restrictions and regulations for this resource. He also expressed concern that given the timeline of the review, NOAA Fisheries Service may not currently have enough information to determine if eastern oyster subspecies exist. He concluded that he hoped NOAA Fisheries Service would continue with the review as he considers the status review report to be a comprehensive resource which will be useful in guiding future restoration efforts.

NOAA Fisheries Service received a petition in January 2005 from the Ecosystem Initiatives Advisory Services to list the eastern oyster as threatened or endangered under the ESA. The agency reviewed the information submitted with the listing petition, and determined it presented enough information to initiate a status review. NOAA Fisheries Service appointed a status review team to compile the available information and evaluate the status of the species. On May 18, NOAA Fisheries Service announced that it would review the status of eastern oysters (Crassostrea virginica) along the Atlantic and Gulf coast to determine if the species warrants protection under the federal Endangered Species Act. A biological status review team was convened in July and has nearly completed its work.

During the biological status review, experts look at information on the distribution, abundance, and condition of the population, as well as information on restoration and protection efforts. The report is then distributed for peer review. The Assistant Administrator for Fisheries uses the final biological status review report to decide if listing the species is justified. The decision to list must be made based on the scientific data available, and not on economic or social considerations.

Without an active petition, the agency is not required to complete the status review. However, the team’s effort is worth continuing, so it will complete the status review report. So far, the team has met twice, with one meeting to go before it completes its report. The resulting report will be an excellent reference for those working to restore the eastern oyster throughout its historic range. The report should be complete by early next year.

Will NOAA Fisheries Service still consider listing the oyster for protection?
No, NOAA Fisheries Service is no longer considering listing at this time. We are following through on the biological review and will use the information to work with the states for conservation of the oyster.

If these oysters are in trouble, why has it taken NOAA Fisheries Service so long to do something about it?
We do not know whether or not they are in trouble across their range. We do know that their numbers are down in localized areas. In the localized areas, the states have the lead.

For more information on the process of listing a species as threatened or endangered please see http://www.nmfs.noaa.gov/pr/laws/esa.htm.

For specific information on the proposal to list the eastern oyster, please go to the NOAA Fisheries Service Proactive Conservation Program page at http://www.nero.noaa.gov/prot_res/CandidateSpeciesProgram/eas.htm, where you will find details about:

• The petition for listing
• The 90-day review finding
• Fact sheets describing the petition process under the ESA and the petition to list the eastern oyster