Maya K. van Rossum, the Delaware Riverkeeper,

215-801-3043, keepermaya@delawareriverkeeper.org

Director of Communications and Marketing, Riverkeeper

914-478-4501 x230, ldaisley@riverkeeper.org

Today, the Delaware Riverkeeper Network and the Hudson Riverkeeper have joined forces to submit notices of intent to sue for the illegal killing of Atlantic sturgeon to three states: New York, New Jersey, and Delaware. According to the 60-day notices, which are required by federal law before the organization can actually file their litigation, Atlantic sturgeon are being killed in high and unaccounted for numbers without required permitting or approval pursuant to the Endangered Species Act.

“The Delaware River’s population of Atlantic Sturgeon is known to be the most imperiled in the world. According to scientists, we have less than 250 spawning adults left. And yet, these three states and the federal government have been turning a blind eye for years as the Atlantic Sturgeon of the Delaware and other river systems are killed as bycatch. This is a shocking display of disregard for the law, the public trust, and the sacred duty of these agencies to safeguard endangered species from extinction so they can continue to benefit present and future generations,” said Maya van Rossum, the Delaware Riverkeeper and leader of the Delaware Riverkeeper Network.

“Since the last Ice Age, Atlantic sturgeon have been spawning in the Hudson River. In order for these iconic and ancient fish to survive, we must protect them from being caught and killed in commercial fishing nets. Riverkeeper is committed to ensuring that New York, New Jersey, and Delaware fulfill their duty to protect the sturgeon in line with the spirit and requirements of the Endangered Species Act,” said Tracy Brown, Hudson Riverkeeper and President of Riverkeeper. “Bycatch is and has been the single biggest impediment to the resurgence of the endangered Atlantic sturgeon population, and limits on bycatch are vital to their recovery.”

According to the notices of intent to sue - as they are referred to under the law – New York, New Jersey, and Delaware have failed to apply for and obtain incidental take permits for commercial fisheries operating within the known habitat of the endangered Atlantic sturgeon, as is required by the Endangered Species Act. The notice explains that while Section 9 of the Endangered Species Act (ESA) prohibits the “take” of an endangered species, Section 10 provides exceptions for the incidental take of protected species as a byproduct, and not as the purpose of, activities that would be considered lawful but for the take of the endangered species, as long as it has been approved through an Incidental Take Permit issued by the National Oceanic and Atmospheric Administration Fisheries (NOAA Fisheries). Delaware Riverkeeper Network discovered that New York, New Jersey, and Delaware are violating the ESA by allowing commercial fisheries to kill Atlantic sturgeon as bycatch while fishing for species such as Summer Flounder, Striped Bass, Weakfish, and Winter Skate without having applied for nor receiving the requisite ESA permitting. Securing a permit not only ensures operations at issue meet the requirements of the law, but also establishes practices that can help avoid the illegal take of the fish. Additionally, the operation would be required to track the numbers of fish killed, which in turn can inform government decision making regarding how to protect the endangered species.

According to the notices, “Bycatch is the catching and discarding of species that fishers may catch, but do not want, cannot sell, or are not allowed to keep. NOAA Fisheries defines bycatch as ‘discarded catch of marine species and unobserved mortality due to direct encounter with fishing vessels and gear.’ Bycatch often causes negative ecological impacts to the directly impacted animals, the species as a whole and the ecosystem at large. After bycatch, impacted animals are often unable to reproduce or they die, thereby inhibiting the growth of overfished stocks and increasing the risk of harm to protected species.”

The “taking” of Atlantic sturgeon as a result of bycatch has been repeatedly confirmed by governmental and scientific communities alike as a threat to the species’ conservation. Trawl net and gill-net fisheries are often what cause the Atlantic sturgeon “take” to occur, as these styles of fishing cannot distinguish what marine life gets caught in the gear. A trawl net is a massive net that drags along the water floor catching everything in its path. A gill-net is anchored to the bottom of the ocean or riverbed, creating a wall which entraps fish by their gills as they try to swim through.

Adds van Rossum, “it is well within the power and oversight of the states and NOAA Fisheries to protect the Atlantic Sturgeon from bycatch through changed and/or restricted practices. As of now, it is clear that in the time that has passed: New York, New Jersey, and Delaware have failed to take any action to prevent, reduce or even track the bycatch impacts on Atlantic Sturgeon, and their knowing neglect has put the federally endangered Atlantic Sturgeon at further risk of extinction. If the federal and state agencies will not take responsibility for enforcing the law and protecting the sturgeon, then the Delaware Riverkeeper Network and partner organizations will!”

[1] NOAA Fisheries, Understanding Bycatch, Bycatch, https://www.fisheries.noaa.gov/insight/understanding-bycatch (last accessed June 10, 2024).

[2] Id.

[3] Id.

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