Left Out at Sea: Highly Migratory Fish and the Endangered Species Act

Of the nearly 2,000 threatened and endangered species protected by the Endangered Species Act (ESA), not one is a highly migratory fish. Despite well-documented population declines in many species of highly migratory fish over the past fifty years, including tuna, marlin, and shark, no highly migratory fish has ever been listed for protection. In light of current controversy over the proposed protection of Atlantic bluefin tuna under international and domestic law, this Comment seeks to explore reasons for the curious absence of any protection for highly migratory fish under the ESA. Specifically, this Comment will examine how societal perceptions and values of fish as commercial commodities perpetuate a statutory and administrative regime that militates against the protection of highly migratory fish under the ESA.