Riverkeepers join lawsuit to end illegal sturgeon hunting

Environmental groups say three states, including New York, allow illegal “incidental take” of endangered species.

July 21, 2024 8:49 PM ET | Update July 21, 2024 11:27 PM ET

HUDSON VALLEY — A respected Hudson Valley environmental organization has joined other environmental groups in notifying three states, including New York, of their intent to sue over the illegal killing of endangered Atlantic sturgeon.

On Thursday, the Delaware Riverkeeper Network and Hudson Riverkeeper teamed up to file notices of intent to sue over the illegal killing of Atlantic sturgeon with the states of New York, New Jersey and Delaware. According to the 60-day notices, required by federal law before the organizations can actually file their lawsuit, Atlantic sturgeon are being killed in large numbers and without accountability, without permits or approvals required under the Endangered Species Act.

“Atlantic sturgeon have been spawning in the Hudson River since the last ice age,” said Tracy Brown, President of Hudson Riverkeeper. “For these iconic and ancient fish to survive, we must protect them from being caught and killed in commercial fishing gear. Riverkeeper is committed to ensuring that New York, New Jersey, and Delaware fulfill their duty to protect sturgeon in accordance with the spirit and requirements of the Endangered Species Act. Bycatch is and has been the single largest barrier to the resurgence of the endangered Atlantic sturgeon population, and bycatch limits are critical to their recovery.”

According to the notices of intent to sue, the states of New York, New Jersey, and Delaware failed to apply for or obtain incidental take permits for commercial fisheries operating in known habitat of endangered Atlantic sturgeon, as required by the Endangered Species Act.

The notice argues that while the Endangered Species Act (ESA) prohibits the “take” of an endangered species, it also provides exceptions for the incidental take of protected species as a byproduct, and not as the purpose, of activities that would be considered lawful without the take of the endangered species, provided it has been approved by an incidental take permit issued by the National Oceanic and Atmospheric Administration Fisheries (NOAA Fisheries).

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The Delaware Riverkeeper Network, however, said New York, New Jersey and Delaware are violating the ESA by allowing commercial fisheries to kill Atlantic sturgeon as bycatch when fishing for species such as summer flounder, striped bass, flounder and winter skate without applying for and receiving the required ESA authorization.

The groups say obtaining a permit not only ensures that the operations in question meet the requirements of the law, but also establishes practices that can help prevent the illegal capture of fish.

In addition, the operation is expected to track the number of fish killed, which could inform government decision-making on how to protect endangered species.

“The Delaware River’s Atlantic sturgeon population is known to be the most endangered in the world,” said Maya van Rossum of Delaware Riverkeeper. “Scientists estimate that there are fewer than 250 spawning adults left. Yet these three states and the federal government have for years turned a blind eye to Atlantic sturgeon in the Delaware River and other river systems being killed as bycatch. This is a shocking display of disregard for the law, the public trust, and the sacred duty of these agencies to protect endangered species from extinction so they can continue to benefit present and future generations.”

The “catch” of Atlantic sturgeon through “bycatch” is considered by the government and scientific communities to be a threat to sturgeon conservation. Trawl and gillnet fisheries are often the source of the “catch” of Atlantic sturgeon because these types of fisheries do not allow for the distinction of marine life caught by the gear. A trawl is a massive net that drags along the bottom of the water, catching everything in its path. A gillnet is anchored to the bottom of the ocean or riverbed, creating a wall that traps fish by their gills as they attempt to cross.

“It is well within the jurisdiction of the states and NOAA Fisheries to protect Atlantic sturgeon from bycatch by modifying and/or limiting practices,” van Rossum added. “It is clear by now that over the course of time, the states of New York, New Jersey and Delaware have taken no action to prevent, reduce or even monitor the impacts of bycatch on Atlantic sturgeon, and their conscious neglect has placed the federally endangered Atlantic sturgeon in danger of extinction. If federal and state agencies will not take responsibility for enforcing the law and protecting sturgeon, then the Delaware Riverkeeper Network and partner organizations will.”