Federal agency failed to protect 49 at-risk Hawaii species, lawsuit says

The Center for Biological Diversity filed a lawsuit Thursday against the U.S. Fish and Wildlife Service, accusing the agency of failing to designate and protect critical habitat for 49 Hawaii endangered species.

The Fish and Wildlife Serv­ice placed all 49 species on the federal endangered species list on Sept. 30, 2016, but has yet to designate critical habitat.

“After six years of dragging its feet, it’s clear the Fish and Wildlife Service had no intention of protecting habitat for these severely endangered species, just like it’s failed to do for so many others,” said Maxx Phillips, Hawaii director for the Center for Biological Diversity.

Under the Endangered Species Act, the service is required to designate critical habitat — the habitat needed to support recovery of the species — at the time of listing or, “under limited circumstances, within one year.”

Among the 49 species is the akeake, also known as the band-rumped storm petrel; the nalo meli maoli, also called the Hawaiian yellow-­faced bee; and the orange­black Hawaiian damselfly.

Scientists say the endangered species are threatened by growing urbanization, damage from non-native and invasive species, wildfires and loss of water habitat.

The Fish and Wildlife Serv­ice couldn’t be reached for comment Thursday, but Phillips noted the agency had reached out to the Center for Biological Diversity asking it not to sue.

She said the service told the organization that it doesn’t have the resources to designate critical habitat for the 49 species — at least not until its next five-year work plan starts in 2027.

But the center can’t wait, according to Phillips, because the statute of limitations expires in September, and nine other Hawaii species were declared extinct in 2021.

“It’s important to hold the agency’s feet to the fire,” she said. “If the service doesn’t act, and act quickly, these 49 irreplaceable species could disappear forever.”

Once critical habitat is designated, other federal agencies are required to consult with the Fish and Wildlife Serv­ice to ensure actions they fund, authorize or undertake are unlikely to destroy or harm the designated habitat.

Despite the legal requirement, the agency has failed to designate critical habitat for most endangered and threatened species — not only in Hawaii, but nationwide, Phillips said.

“The service’s failure is inexcusable,” the lawsuit says. “Without the additional protections provided by the designation of critical habitat, these 49 species of plants and animals are more likely to continue to decline and become extinct.”

Studies have shown that species with designated critical habitat are more than twice as likely to be in recovery as those without it, according to the lawsuit.

Seven species of Hawaiian yellow-faced bees are among the 49 endangered species named in the suit. A scientific study published at the beginning of 2021 found that the native bees are being threatened by invasive ants.

The orangeblack Hawaiian damselfly was once was one of the most common damselflies in Hawaii, but with the introduction of non-native fish in pools and streams, it now survives in only a few places in the islands.

Another species in need of habitat is the akeake. The petrel returns to land from its life at sea to mate and breed, burrowing nest sites in the mountains. Historically, they were found across all the Hawaiian Islands, but their population declined significantly due to habitat loss.