On July 3, sent The Delaware Riverkeeper Network is sending notice of intent to sue for the illegal killing of Atlantic Sturgeon to three states, New York, New Jersey, and Delaware.
According to an email sent by Chris Baker on behalf the Delaware Riverkeeper Network, Atlantic Sturgeon are being killed in high, and unaccounted for numbers, without required permitting or approval pursuant to the Endangered Species Act (ESA).
The notice of intent to sue lists Section 9 of the ESA prohibiting the “take” of an endangered species, and also ESA Section 10 which 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.
“New York, New Jersey, and Delaware are violating the ESA by authorizing commercial fisheries to kill Atlantic Sturgeon as bycatch while fishing for other species without having applied for or received the requisite permitting,” Baker said in the email, adding that the “taking” of Atlantic Sturgeon as a result of bycatch has been repeatedly confirmed as a threat to the species conservation by government and science communities alike.
Maya van Rossum, Leader of the Delaware Riverkeeper Network noted how the Delaware River’s population of Atlantic Sturgeon is known to be the most imperiled in the world. “According to the scientists, we have less than 250 spawning adults left,” van Rossum said, adding “New York, New Jersey, and Delaware have failed to take any action to prevent, reduce or even track the bycatch impacts on Atlantic Sturgeon; 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 will,” van Rossum added.
Learn more at delawareriverkeeper.org.
