A lawsuit settlement that could clear a backlog of 251 plant and animal species being considered for protection under the Endangered Species Act may have consequences in future land use, fishing regulations and energy production along Maine’s shores. Under the plan, the federal government agrees to speed up its review process of species being considered for protection and clear the backlog within the next six years.
An initial review of the list shows four critical species found along Maine’s shores. Chief among them is the red knot, a migratory bird whose population has crashed as its main food source, horseshoe crab eggs, has become increasingly hard to find. Another species is the New England cottontail, a rabbit that thrives on shrubland that has become scarce in southern Maine. Also included are two species of bats found in Maine, the eastern small-footed bat and the northern long-eared bat, which have been decimated by a mysterious fungal ailment and are considered further threatened by wind turbines.
If these animals gain protection under the Endangered Species Act, the federal government will look for ways to protect them and preserve their habitats. Often, as with the red knot, regulations would not just protect the animal but also safeguard that animal’s food source.
Red knots depend on horseshoe crab eggs, and are found in great numbers along Cape Cod, where there is still a significant horseshoe crab population. There are both horseshoe crabs and red knots in Maine, but in lesser numbers. Still, Maine provides critical habitat for both species, said Susan Gallo, a wildlife biologist with Maine Audubon. The state is the northern-most point in the range of the crabs. Maine beaches also provide an important feeding stopover for red knots.
Any conservation plan for the red knot also would include preserving the horseshoe crab, a species that has crashed in recent years.
“In the past, [horseshoe crabs] were scooped up by bucket loaders and used as fertilizer,” said Frank Dorsey, president of Friends of Taunton Bay, a group that has commissioned studies on the prehistoric creatures.
Maine has banned harvest of the creatures from May to October. In the rest of the fall and winter months, the crabs move to deeper water and bury themselves in the mud, making them unattainable. In essence, Maine’s half-year ban on harvest is a whole-year ban without the regulation, said Steve Perrin, an executive member of Friends of Taunton Bay.
The federal government’s moves to strengthen environmental protection regulations comes at a time when the state legislature is debating whether to loosen or repeal regulations aimed at protecting shoreline flora and fauna, said Gallo. Recently, state legislators debated altering the rules surrounding development setbacks for shoreline vernal pools.
The two bat species found in Maine on the list of 251 backlogged species will most likely be fast-tracked by the government under the lawsuit’s settlement. Much of New England’s bat population has been wiped out by the effects of White-Nose Syndrome, an affliction that has killed more than a million bats since it was first diagnosed by biologists in 2007. This May, biologists announced they had confirmed cases of the fungus ailment in Maine for the first time.
While critical bat habitat would be given high priority for conservation if the bats become protected under the Endangered Species Act, the federal government might also choose to put new restrictions on wind turbine operation, said Gallo. Bat mortality around turbine blades is much higher when blades turn at slower speeds, and the government might require turbine operators to turn on turbines only when the blades can achieve a critical speed that the bats seem able to avoid.
The proposed settlement plan that would expedite reviews of the backlogged species still must be approved by a federal judge before going into effect. A ruling is expected by U.S. District Judge Emmet Sullivan on June 20th. q
Craig Idlebrook is a freelance writer living in Somerville, Mass.