Look at the lawsuit filed last week to list Atlantic salmon on the Endangered Species List as an act of desperation. Certainly, the two groups bringing the suit — Trout Unlimited and the Atlantic Salmon Federation — tried mightily to avoid such a listing, but they feel now that they have no other choice and it is hard to disagree.

There is no question that Atlantic salmon runs are down dramatically in Maine or that the species is in precarious shape. Even with the understanding that some of the problem might exist out in the ocean, Maine had an obligation to do what it could to improve conditions in its rivers to help restore the species. It devised a plan in 1997 to do that, but then, rather than treating the problem like the emergency it was, managed the plan like many state programs, too slowly and without adequate funding, although the Legislature in its last session helped with the funding part.

Maine is not alone in this; the federal government shares some of the blame. But the plan to avoid an ESA listing depended heavily on the state’s enthusiasm for implementing and even expanding the plan. Instead, the local watershed councils have received too little in the way of state support. Specifically, the two groups cite the ongoing problem with extracting water from the rivers for blueberry irrigation; the placement of aquaculture sea pens and the industry’s use of European-strain salmon; the lack of progress in installing weirs to catch escapees from aquaculture; the failure of the plan to require the aquaculture industry to report escapees; the failure of the plan to protect all Atlantic salmon populations in Maine, including those in the Kennebec and Penobscot rivers; and the failure of the plan to require anyone to take responsibility for protecting the salmon.

Trout Unlimited and the Atlantic Salmon Federation did not join other groups who earlier sued to list the Atlantic salmon because they wanted to give the state the opportunity to succeed. And they are careful to point out that, while some people predict economic hardship under a listing, “Since 1973, Maine people and businesses have lived harmoniously alongside a number of wildlife species protected under the Endangered Species Act, including the bald eagle, peregrine falcon, piping plover and shortnose sturgeon.” “Harmoniously” may be overstating it a little, but the point remains that the groups had no other choice. As ASF President Bill Taylor commented, “The price of further delay is extinction.”

Maine’s loss of two reputable allies in court against the earlier lawsuits will make it difficult for the state to prevail. Better, given the dismal condition of the state’s salmon population, that it not fight the lawsuits and instead put its resources toward saving the salmon.