Individuals and group riverkeepers from New Jersey, New York, and Delaware announced that they plan to sue on behalf of the endangered Atlantic sturgeon. They claim that the taking and discarding of sturgeons due to bycatch has drastically caused the species' decline.

Riverkeepers are privately funded non-governmental advocates who work to protect the public’s right to clean water. According to sources, the groups hope to prevent commercial fisheries from taking or discarding sturgeon as bycatch while out trawling the ocean for striped bass, flounder, and other fish. They claim that bycatch has impeded the recovery of the species specifically in the Hudson River.

The Hudson currently supports the largest population of Atlantic sturgeon along the Atlantic coast, estimated to be between 1000 and 1500 fish. In 2012, the National Marine Fisheries Service and the U.S. Fish and Wildlife Service declared five distinct population segments of the Atlantic sturgeon endangered and protected under the Endangered Species Act (ESA).

Sturgeons are ancient fish that date back to at least 70 million years and can live up to 70 years old. Most juveniles remain in rivers from one to six years old before migrating to the ocean. The population in the Hudson has remained stagnant for decades. According to a 2015 study, close to 900 sturgeon spawn in the Hudson, and roughly 270 of them are female.

The evidence of sturgeon losses due to commercial fishing is unknown. However, the riverkeepers filed in their court papers reports of dead juvenile sightings along coastal areas known for bottom trawling. The ESA prohibits the taking of sturgeon but allows exceptions when a commercial operation involves fishing for flounder or striped bass. According to the riverkeepers, the state must apply for permits that allow the fisheries to accidentally take sturgeon, which hasn’t previously been done.

The riverkeepers wrote in the notice sent to the New York Department of Environmental Conservation (DEC) that the state “is failing to meet its responsibility to enforce existing regulations within its sovereign waters.”

DEC responded in a statement, “DEC is aware of the 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.”