 In 1997, the U.S. National Oceanographic and Atmospheric Administration National Marine Fisheries Service (NMFS) listed the night shark as a "Species of Concern", meaning that it merits conservation concern but there is insufficient evidence for listing on the Endangered Species Act (ESA).In 1999, the NMFS Fishery Management Plan (FMP) of the Atlantic tunas, swordfish, and sharks was revised to prohibit the retention of 19 species, including the night shark.The prohibition of this species was upheld by Amendment 1 of the FMP, added in 2003.