The Center for Biological Diversity has sued the National Marine Fisheries Service, accusing the agency of failing to protect the key habitats of the threatened queen conch.

In the lawsuit, filed in U.S. District Court in Washington, the center claims the fisheries service has not yet set aside the protected habitat federal law requires more than a year after NOAA declared the queen conch a threatened species.

Endangered Species Act requirement

The Endangered Species Act requires federal agencies to make sure projects they authorize will not damage areas essential for the survival of endangered animals and plants. To back its claim, the center points out a sand dredging project underway at Port Everglades that could bury a herd of queen conchs and surrounding coral reef.

Alex Muir, an attorney at the center, said the marine fisheries service's failure to protect coral reefs and other places where the protected queen conch lives could further lower their numbers.

“This is preventable,” he said. “If federal officials move quickly to shield their habitat, it'd give these conchs a fighting chance.”

The center said its own study found an imperiled species is more than twice as likely to recover when its habitat is adequately protected by federal law.

Queen conchs are also protected statewide and cannot be collected alive. Most other conchs, whelks, and similar shells are not protected, although Lee County prohibits taking most shells that still contain a living animal.

Empty queen conch shells wash ashore in Southwest Florida, often after storms.

Environmental reporting for WGCU is funded in part by VoLo Foundation, a nonprofit with a mission to accelerate change and global impact by supporting science-based climate solutions, enhancing education, and improving health.

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