The U.S. Fish & Wildlife Service is in the process of completing a critical habitat designation for the endangered spring pygmy sunfish, but a group suing the agency believes it offers no guarantees of protection.

Efforts by the agency led a federal judge to stay a lawsuit filed by the Center for Biological Diversity. The request to stay proceedings said the FWS expected to submit the final designation to the Office of the Federal Register by Jan. 31.

“The Service’s plan to finally protect the spring pygmy sunfish’s critical habitat is significant for the species because it is habitat degradation and destruction that have pushed it to the brink of extinction,” said Elise Bennett, staff attorney with the CBD. “Ensuring these rare fish have a place to live is an important first step on their road to recovery.”

She said the designation would identify areas essential to the conservation of the spring pygmy sunfish, which would receive special consideration when activities funded, permitted or carried out by federal agencies potentially damage them. That allows the agency to minimize harm to the habitat.

Bennett said the designation is not, however, related to the Toyota-Mazda project. She said it would not offset impacts of that project.

The CBD believes attempting to relocate the fish would not be a viable solution as there would be too many risks associated with it. For example, there’s no guarantee all the fish would be caught and also no guarantee the fish would survive in a different spring.

“The first step toward saving the sunfish is protecting the few remaining places it can survive,” Bennett said. “We’re cautiously optimistic the Fish and Wildlife Service will finally put critical habitat protections in place for this rare little fish.”

The CBD sued the FWS in August over what it deemed to be inadequate measures to protect the spring pygmy sunfish, which inhabits the Beaverdam spring and creek complex next to where the automotive facility is being constructed.

“If the Fish and Wildlife Service stands by its claims that massive industrial development won’t harm these pretty little fish, it should fork over the supporting documents,” Bennett said previously.

In July, the CBD filed a notice of intent to sue Mazda-Toyota Manufacturing U.S.A. and the city of Huntsville over what it claims is a failure to protect the fish. Weeks later, environmental group Tennessee Riverkeeper also filed a notice of intent to sue.

The $1.6 billion venture between Mazda and Toyota was announced in January and should begin producing cars by 2021. The facility is expected to hire up to 4,000 workers, though officials have said thousands more jobs may be coming via additional automotive suppliers.

Officials with MTMUSA and the city of Huntsville have maintained appropriate action has been taken to protect the endangered fish.