Hellbenders Will Get a Second Chance to be Considered for Endangered Species Act Listing
An Eastern hellbender
On September 6, New York U.S. District Judge Lewis J. Liman found that FWS’ 2019 decision not to extend Endangered Species Act (ESA) protections to the Eastern hellbender was “arbitrary and unlawful,” and directed the Service to reconsider whether or not the species should be listed. The decision was a victory for the coalition of conservation organizations, including the Center for Biological Diversity, Waterkeeper Alliance, Lower Susquehanna Riverkeeper, Middle Susquehanna Riverkeeper and Waterkeepers Chesapeake, that filed the lawsuit in 2021.
In April 2019 the Service determined that, with the exception of a “Distinct Population Segment” located in Missouri, the hellbender did not warrant Endangered Species Act protection, despite a finding that approximately 80% of hellbender populations are declining or already locally extirpated. It also noted that the myriad threats facing the species; population fragmentation from dams and impoundments, pollution from industrial, mining and agricultural sources, and sedimentation driven by deforestation, agriculture and residential development; are only likely to intensify in the future.
Despite the weight of this evidence, the Service determined that ongoing voluntary population augmentation measures across the species’ range would be sufficient to ensure its long term survival. Such measures include the release of juvenile hellbenders raised in captivity from wild-caught eggs or the use of artificial nest boxes to provide shelter for breeding and egg brooding. While important for research purposes to improve conservation efforts, these approaches are still largely experimental in nature and the extent to which they will ultimately contribute to species recovery is not yet known.
The judge’s ruling found that FWS unlawfully relied on methods that were unproven and made presumptions about the success of efforts that had not yet been implemented. It also found that in relying largely on these efforts as justification for their decision, FWS essentially ignored the impacts of sedimentation and other growing threats to the species.
“The Fish and Wildlife Service can no longer ignore overwhelming scientific evidence that hellbenders are in danger of extinction and face even greater threats ahead.” said Elise Bennett, a senior attorney at the Center for Biological Diversity.
Daniel E. Estrin, general counsel and legal director for Waterkeeper Alliance, noted that the Service’s “refusal to federally protect the eastern hellbender was scientifically and legally indefensible, and we’re relieved that the federal court has now recognized the significant flaw in their analysis.”
The court’s decision does not necessarily guarantee that hellbenders are headed for ESA listing in the future. It is possible that after revisiting their analysis, the Service may still conclude that listing is not warranted. If they do, however, they will have to rest their new conclusion on a much more solid regulatory and scientific foundation than that of their original decision. There is no doubt that many conservation organizations will be keeping a close eye on the process this time around.
