Riverkeeper plans to sue NY over killing of sturgeon by commercial fishing

Riverkeepers from New York and Delaware plan to sue to prevent the endangered Atlantic sturgeon — a prehistoric creature that can weigh as much as 800 pounds — from being caught and killed in commercial fishing nets.

The environmental groups on Thursday announced their intent to sue New York, New Jersey and Delaware to prevent commercial fisheries from taking or discarding the sturgeon while out trawling the ocean for flounder, striped bass, and other fish that end up on dinner plates.

They say the practice, commonly known as bycatch, has impeded the recovery of the Atlantic sturgeon population in the Hudson River, which has been stagnant for decades.

“Where’s the love for a fish that’s been on this planet for 100 million years?” said George Jackman, the Habitat Restoration Director for Ossining-based Riverkeeper. “If this was a bald eagle, everybody would be screaming.”

Nearly 900 sturgeon spawn in the Hudson, roughly 270 of them female, according to a 2015 study. But they spend much of their time in ocean water from Canada to Florida, swimming amid fish prized by commercial fisheries.

And that’s where they get snagged by gillnets and bottom trawlers.

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The total sturgeon losses due to commercial fishing is unknown. But in court papers filed Thursday the riverkeepers report dead juvenile sturgeon sightings in the Rockaways during the spring and fall, along coastal areas known for bottom trawling.

After centuries of overfishing, the sturgeon, once prized for its caviar, was classified an endangered species in 2012.

The Endangered Species Act prohibits the taking of sturgeon but allows for exceptions when, for instance, a commercial operation is out scooping up flounder or striped bass from the ocean. However, the riverkeepers say, the state must apply for permits that allow the fisheries to accidentally take sturgeon, which it hasn’t done.

A permit would not only limit the illegal taking of the fish but provide an opportunity to track the number of fish killed so officials can come up with a plan to protect the species, they argue.

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“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,” said Tracy Brown, the Hudson River Riverkeeper.

The notices give the states 60 days to correct the issue or be sued.

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In the notice sent to the state Department of Environmental Conservation, Hudson Riverkeeper says New York “is failing to meet its responsibility to enforce existing regulations within its sovereign waters.”

In a statement, the DEC said Friday: "DEC is aware of Riverkeeper’s notice of intent. DEC is committed to working with our partners in New Jersey and Delaware to protect and restore endangered Atlantic Sturgeon throughout the shared New York Bight and Delaware River basin."

This is not the first time Riverkeeper has come to the sturgeon’s defense. It pressed state and federal officials to intercede after noting a spike in sturgeon deaths attributed to the propeller blades of boats used in the construction of the Mario M. Cuomo Bridge.

To understand the toll bycatch has had on the Atlantic sturgeon in the Hudson, Jackman said, it helps to compare it to the shortnose sturgeon, which spend less time in oceans.

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“Shortnose are doing great,” Jackman said. “We know that the Atlantics go out into the ocean and they are susceptible to one predator — man, humans.”

Maya van Rossum, the Delaware Riverkeeper, sent a notice to Delaware environmental officials Thursday, indicating her intent to sue.

“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,” van Rossum said.

Fewer than 250 Atlantic sturgeon spawn in the Delaware River, she noted.

Thomas C. Zambito is a reporter on The USA Today Network's New York State Team covering transportation, energy and the environment. He can be reached at tzambito@lohud.com.