Court order stops horseshoe crab harvesting on dozens of SC beaches, protecting red knots
Several habitats for threatened shorebirds and spawning horseshoe crabs will be protected for five years after a federal judge in Charleston approved a consent order that stops three groups from harvesting the arthropods from dozens of South Carolina beaches.
Red knots — a threatened migratory shorebird — rely on horseshoe crab eggs for survival, with each bird fueling up on hundreds of thousands of the crab’s eggs in South Carolina on the way to the Canadian Arctic, according to previous reporting by The State Media Co.
But that food source has been threatened because horseshoe crabs have been harvested by pharmaceutical companies, who use the crabs’ blue blood to detect bacterial toxins. Companies in Europe and Asia have switched to using a synthetic copy of the ingredient, which does not require horseshoe crabs to be captured or bled, The State Media Co. reported.
Defenders of Wildlife and the South Carolina Coastal Conservation League filed a lawsuit in 2022 under the federal Endangered Species Act against the state Department of Natural Resources’ director and Charles River Laboratories International. The environmental groups claimed that, among other things, moving female horseshoe crabs from the shore to containment ponds violated Section 9 of the Act because red knots look for eggs on the shoreline. The section says it’s illegal to import, export, or take endangered species for any purpose, including commercial activity. Using the containment ponds caused the “unpermitted take” of red knots, the lawsuit said.
According to the Coastal Conservation League, the federally threatened red knot has experienced a population decline of over 85% in recent decades.
On Wednesday, a final consent order signed by United States District Judge Richard Gergel prohibits horseshoe crab harvesting on over 30 of South Carolina’s beaches for five consecutive harvesting seasons, from March 15 through May 31. The entire harvest season is defined as March 15 through June 30. The companies can harvest in June, because environmentalists said red knots have left for the Arctic by then.
Additional permitting conditions that further protect horseshoe crabs during the collection process are also required. Harvester boats will be equipped with GPS monitoring to record collection locations that will then be reported to the state Department of Natural Resources.
Catherine Wannamaker, Southern Environmental Law Center senior attorney representing the Coastal Conservation League and Defenders of Wildlife, called it a “landmark settlement” that represents a “huge milestone” for the state’s wildlife and people who care about it.
According to the order, all areas of the Cape Romain National Wildlife Refuge will continue to be off limits for horseshoe crab collection and processing. On Aug. 7, the U.S. Fish and Wildlife Service determined commercial horseshoe crab harvesting during spawning season was incompatible with the purposes of the refuge and the National Wildlife Refuge System mission.
“We successfully and collaboratively secured protections for South Carolina’s coast, including the Cape Romain National Wildlife Refuge,” said Ben Prater, Defenders of Wildlife southeast program director. “This agreement will help maintain the integrity of essential habitats for horseshoe crabs, their spawning grounds and critical food sources for imperiled wildlife including migratory birds like the red knot.”
Defenders of Wildlife is a national nonprofit conservation organization that works to protect native animals and plants in their natural communities.
The order also restricts the temporary placement of female horseshoe crabs into containment ponds, which hold the taken arthropods before they are bled by pharmaceutical companies.
Charles River Laboratories, one of the defendants in the lawsuit filed by Defenders of Wildlife and the South Carolina Coastal Conservation League, is the only company harvesting horseshoe crabs in the state for biomedical purposes.
Previously, Charles River spokesperson Samantha Jorgensen said the company had worked with the state DNR for nearly 40 years to oversee the annual collection and release of horseshoe crabs.
“We are glad that Charles River has agreed to increased protections for red knots and to conduct its operations in South Carolina in a more sustainable way,” Wannamaker said.
While the order stops Charles River contractors from harvesting on several beaches up and down the South Carolina coast during harvesting season, it does not limit taking horseshoe crabs from other areas, including marshes.
Gregory Marshall, corporate vice president and general manager of Charles River’s microbial solutions division, said the “agreement allows for for continued conservation of both horseshoe crabs and red knots, while maintaining the security of the biomedical supply chain.”
“Horseshoe crabs play a vital role in ensuring patient safety, and we are glad to have come to an amicable resolution,” Marshall said.
Charles River will cover the cost of an independent monitor, who will report to the court and parties to ensure compliance with the joint agreement, according to the order.
The order is effective through June 30, 2028.
Closed beaches
According to the order, Charles River, Marsh Point and Gault Seafood are not allowed to harvest horseshoe crabs from the following beaches from March 15 to May 31 for the next five consecutive harvesting seasons.
Bay Point Island
Bay Point Shoal
Bird Key-Stono
Bulls Island
Capre Romain National Wildlife Refuge
Capers Island
Crab Bank Seabird Sanctuary
Daufuskie Island
Deveaux Bank
Dewees Island
Edisto Island
Folly Beach
Fripp Island
Harbor Island
Hunting Island
Hilton Head Island
Isle of Palms
Joiner Bank
Jones Island
Kiawah and Seabrook Island
Little Capers Island
Marsh Island
North Cape Island
North Island
Pine and Otter Island
Pritchards Island
Raccoon Key Complex and White Banks
South Cape and Lighthouse Island
Sullivan’s Island
Tomkins Island
Turtle Island
