Red Knot Emergency Listing

American Bird Conservancy v. Kempthorne


Species Background:


Each spring, thousands of red knots, a medium-sized shorebird, arrive in the Delaware Bay to feed and refuel along their annual 30,000 kilometer migration from breeding grounds in the high Artic to wintering grounds in Patagonia and Tierra del Fuego.  Since the late 1990s, scientists and birders have observed a worrisome decline in the number of birds arriving in the Delaware Bay.  Historically, more than 100,000 red knots stopped at Delaware Bay.  In January 2005, the number of birds was estimated at 17,653, revealing a precipitous 90% decline over the last ten years in the bird’s population.  Scientists forecast the red knot may go extinct as soon as 2010.

The leading known cause of red knot’s decline – loss of their main food supply at Delaware Bay to reductions in horseshoe crabs – continues unabated.   Given the lifecycle of the horseshoe crab, it could take a number of years to rebuild crab stocks to the point where Delaware Bay food sources are adequate to spark a rebound in red knot populations.

Case Background:

In August 2005, Defenders led a coalition of environmental groups in petitioning the Secretary of Interior to make an immediate determination of the species’ status under the emergency listing provisions of the Endangered Species Act.  In late December 2005, the Service denied the request for an emergency listing, justifying their denial by pointing to a proposal pending before the Atlantic States Marine Fisheries Commission to institute a two-year moratorium on the horseshoe crab harvest in Delaware Bay and similar state-wide moratoriums being considered individually by the states of New Jersey and Delaware. These moratoriums were not in effect at the time of the Services' denial.

Defenders has since filed suit, challenging the Fish and Wildlife Service (“FWS”) under the Endangered Species Act for its failure to rely solely on the best scientific and commercial data available when making their decisions.

Related cases:

Delaware Bay Horseshoe Crab Moratorium

Related Documents:

Complaint

Status:


Active, Federal Court NJ

Co-filers:


NJ Audubon Society, Delaware Audubon, National Audubon Society, and American Bird Conservation