The Center for Biological Diversity (CBD) has notified NOAA Fisheries of its intent to sue the agency after it denied a petition to list horseshoe crabs under the Endangered Species Act (ESA).
“Horseshoe crabs watched the dinosaurs come and go, but now they face their greatest threat yet: us,” CBD Senior Attorney Danny Waltz said in a release. “Fortunately, we also have the power to save horseshoe crabs by protecting them under the Endangered Species Act.”
CBD was one of 26 organizations to file a petition in 2024 seeking ESA protections for horseshoe crabs, arguing that the species is subject to overharvesting. The species is both harvested as a baitfish and bled for their blood, which is prized in the biomedical industry for its coagulating properties. The International Union for Conservation of Nature has suggested that horseshoe crabs could go extinct without substantive conservation actions.
However, NOAA Fisheries blew past its deadline for issuing its 12-month finding on the petition, and in January, CBD sued the agency, asking a court to force the government to complete and release its findings.
Shortly thereafter, NOAA Fisheries finally released its findings, announcing 18 February that horseshoe crabs did not warrant listing under the ESA.
“Based on our synthesis and integration of the foregoing information and the effects on the status of the species throughout all or in a significant portion of the species' range, we determined that the petition does not present substantial scientific or commercial information indicating that the petitioned action may be warranted,” the agency said in a Federal Register post announcing its findings.
“Horseshoe crabs have helped so many people and saved so many lives, but Trump officials seem to believe these incredible animals aren’t worth saving from extinction,” Waltz said. “The science shows that horseshoe crab populations have crashed, and they face growing threats from overharvesting and habitat loss. We can’t let reckless politicians keep these ancient and iconic creatures from getting the protections they so urgently need.”
Now, CBD is suing the agency once again, this time claiming the government used a “fundamentally flawed data model” and cherrypicked data in its rejection of the petition.
“The Service bypassed the appropriate decision-making procedure for a 90-day finding, arbitrarily determined that the horseshoe crab species as a whole or in a significant portion of its range does not warrant protection under the ESA, and failed to follow the appropriate review standards, all in violation of the ESA,” CBD told NOAA Fisheries in a 24 March letter. “The Service’s disregard for the legal standards and requirements of the ESA and the best available scientific information about the species led to an arbitrary, capricious, and unlawful decision. Accordingly, if the Service does not remedy the violations of law outlined in this letter within 60 days, we will file suit in federal court to resolve the matter.”
