Wednesday, September 25, 2024 Blog · News

Cape Romain case dismissed!

by Lily Abromeit

Last week, a federal judge rightfully dismissed a case brought by the state of South Carolina challenging the U.S. Fish and Wildlife Service’s (USFWS) authority to manage horseshoe crab harvest in Cape Romain National Wildlife Refuge.

During spring migration, the federally threatened Rufa red knot (Calidris canutus rufa) stops at Cape Romain and other beaches to feast on horseshoe crab eggs, fueling its long migration from South America to its breeding grounds in the Arctic.

In 2023, following a lawsuit brought by our partners Defenders of Wildlife and the Southern Environmental Law Center, the USFWS issued a decision halting the commercial harvest of horseshoe crabs in Cape Romain during the crabs’ spawning season, citing the harvest was not compatible with the purpose and mission of the Refuge.

The South Carolina Attorney General’s Office quickly challenged the federal agency’s jurisdiction over Cape Romain, claiming the USFWS has no authority to protect the refuge’s wildlife, including shellfish such as horseshoe crabs, from harmful harvesting activities.

In response, we joined our partners to intervene and defend the USFWS’s science-based decision that horseshoe crab harvesting is not compatible with the purpose and mission of the National Wildlife Refuge System and that the state’s case was unwarranted.

We are thrilled the Courts agree. The National Wildlife Refuge System was designed to protect and preserve our wildlife resources. This decision helps keep it that.  

Learn more in this Post and Courier article: “South Carolina judge tosses case on horseshoe crab authority in Cape Romain National Wildlife Refuge

This builds off our previous work, which secured protections and prevents harvesting from over 30 beaches critical for horseshoe crab spawning until at least 2028. Together with these critical protections, the Court’s decision to uphold the authority of the USFWS helps give red knots a flying chance.


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