On August 17, 2017, the National Marine Fisheries Service (NMFS) published in the Federal Register a final rule designating over 3,900 river miles along the east coast as critical habitat for five distinct population segments (“DPS”) of Atlantic Sturgeon (New York Bight, Chesapeake Bay, Carolina, South Atlantic and Gulf of Maine). The agency chose these areas based on the presence of “physical or biological factors” (PBFs) essential for the conservation of the species and that may require special management considerations or protection. Back in 2012, NMFS had listed each of the five Atlantic Sturgeon DPS as either endangered or threatened. 77 Fed. Reg. 5880; 77 Fed. Reg. 5914. Once a species is listed, the relevant agencies must identify critical habitat for the species. Under the ESA, impacts to critical habitat must be evaluated in federal permitting actions, in addition to impacts to the species itself.