WASHINGTON (CN) - The National Marine Fisheries Service refused to list the Alabama shad as endangered or threatened, despite the fact that the shad population has plummeted in recent years, the Center for Biological Diversity claims.
     Several environmental groups, as well as the states of Alabama, Mississippi and Georgia, have identified the shad as being at risk and in need of protection, according to the nonprofit's lawsuit, filed in Federal Court in Washington, D.C.
     "The Alabama shad is an anadromous fish that was once so abundant that it supported commercial fisheries in the American Southeast," the nonprofit claims. "Yet, the shad has suffered steep declines from its historic range, is rarely found today due to its habitat loss and degradation, and faces ongoing and new threats."
     The service shared this concern and, in 1997, added the fish to its "candidate" species list, in effect "notify[ing] the public that [it] has concerns" regarding the shad, the center claims.
     In 2004, the agency moved the shad to a "Species of Concern" list with the promise that it would conduct a status review of the shad, the Center for Biological Diversity says.
     However, when the agency did nothing to protect the shad, the nonprofit says it petitioned to list the shad as endangered or threatened under the Endangered Species Act.
     The environmental group claims the agency had three months to decide whether its petition "present[ed] substantial scientific or commercial information indicating that the potential action may be warranted."
     "A petition need not establish a strong likelihood or high probability that the species is in fact threatened or endangered to support a positive 90-day finding," the environmental group claims.
     Although the service recognized concerns about the shad, it refused to list the fish, according to the lawsuit.
     "The Service determined that the Center's Petition to list the Alabama shad under the ESA did not provide substantial 'new' information that would lead a reasonable person to believe that the listing of the shad may be warranted," the nonprofit claims.
     The NMFS also "dismissed published, peer-reviewed studies that documented the Alabama shad's widespread decline and ongoing threats on the basis that these studies are not 'specific' about the 'nature' or 'degree' of such threats," the center states.
     The nonprofit claims the service unlawfully applied a "heightened standard" and violated the Endangered Species Act and the Administrative Procedure Act.
     Secretary of the U.S. Department of Commerce Gary Locke is also listed as a defendant.
     The environmental group wants a new 90-day finding for the Alabama shad consistent with the law.
     Amy Atwood (Portland, Ore.) and Jaclyn Lopez (San Francisco) represent the Center for Biological Diversity.