Advocates to sue agencies for status on loggerheads

In November 2007, conservationists asked the federal government to declare the loggerhead sea turtle, a summer fixture in Virginia coastal waters, an endangered species.

They have yet to receive an answer.

So today, lawyers from three national advocacy groups are expected to sue the National Marine Fisheries Service and the U.S. Fish and Wildlife Service over the matter.

They hope a judge will order the two agencies to complete their studies and say once and for all whether the loggerhead is truly endangered or whether it should remain a federally threatened species.

The difference between “endangered” and “threatened” is subtle, advocates admit. But if the higher status is granted, they say, it would require the government to declare certain key nesting areas “critical habitat,” which could be greatly protected as breeding grounds.

“But right now we really just want them to follow the law and answer our petition,” said Elizabeth Griffin, a marine wildlife scientist with Oceana, one of the groups taking legal action today.

Oceana, the Center for Biological Diversity, and the Turtle Island Restoration Network said Wednesday that they would file their suit in federal court in Northern California.

In addition to seeking endangered status for loggerheads in the western North Atlantic, which includes coastal Virginia and North Carolina, the groups are asking for court-ordered answers to their requests about putting loggerheads and leatherback sea turtles on the endangered-species list for the U.S. Pacific coast.

Federal officials declined to discuss the issue Wednesday, citing pending litigation.

Five types of sea turtles are known to visit the Virginia and North Carolina coasts each year, usually from May to November, in their migratory trek along the Atlantic. Three are endangered and two are threatened, including the loggerhead.

In their complaint, the conservation groups say loggerheads have been classified as threatened under the Endangered Species Act since 1978, yet their numbers remain frail throughout the Atlantic.

After their 2007 petition, the conservation groups were told by the government that their arguments deserved further consideration and would be studied, Griffin said.

That was the last time they officially heard from the agencies. So now, Griffin said, they will force the issue in court.

Scott Harper, (757) 446-2340, scott.harper@pilotonline.com