Atlantic Sturgeon
Update 2024-08-02:
Delaware Riverkeeper Network Submits Notices of Intent to Sue The States of New York, New Jersey, and Delaware AND The EPA For Failing To Uphold Their Legal Obligations to Protect the Atlantic Sturgeon
On July 18, 2024, the Delaware Riverkeeper Network and the Hudson Riverkeeper joined forces to submit notices of intent to sue for the illegal killing of Atlantic Sturgeon to New York, New Jersey, and Delaware. The notices describe how Atlantic sturgeon are being killed in high and unaccounted for numbers without required permitting or approval pursuant to the Endangered Species Act in each of the three states. Read more on the notice here.
On August 2, 2024 the Delaware Riverkeeper Network sent the US Environmental Protection Agency Administrator (EPA) a 60-day Notice of Intent to Sue to require EPA to finalize its proposed rule revising the dissolved oxygen Water Quality Standards for the Delaware River. The Clean Water Act requires EPA to promulgate the final Water Quality Standard within 90 days of publishing the proposed standard, which was released on December 21, 2023. While EPA appeared on track to promulgate the scientifically-based dissolved oxygen standards in a timely manner, publication of final standards were expected in early May of 2024. With the passing of this deadline, EPA is in violation of its Clean Water Act responsibilities, and has been for several months. Increased dissolved oxygen levels are essential to the survival of better aquatic life in the Delaware River, including the oxygen-sensitive Atlantic Sturgeon and Shortnose Sturgeon. Read more on the notice here.
To find out what you can do to help the Atlantic Sturgeon today, visit dinointhedelaware.org.
Background & information
The Delaware Riverkeeper Network has defended the genetically unique population of Atlantic Sturgeon, found only in the Delaware River, for over a decade. We have advocated for the designation of the Delaware River population of Atlantic Sturgeon as endangered and have brought multiple legal actions to ensure that federal and state agencies uphold their obligations to protect this prehistoric species.
The Atlantic Sturgeon has a storied history in the Delaware River watershed.
This prehistoric fish was once an important resource for local Native American tribes with the Delaware River supporting the largest population of Atlantic Sturgeon in North America. Atlantic Sturgeon are a vital part of the River’s ecosystem – past, present, and future.
The National Marine Fisheries Service (NMFS) estimates that historically there were around 180,000 spawning females in the Delaware River population of Atlantic Sturgeon. As a result, the Delaware River gained the title of “caviar capital of North America”. Seventy five percent of the 1890-1899 Sturgeon harvest originated in the Delaware River watershed (Cobb, J. The Sturgeon Fishery of the Delaware River and Bay, Report of Commissioner of Fish and Fisheries (1899).) This frenzied over-harvesting quickly led to a drastic collapse of the River’s Atlantic Sturgeon population.
The Atlantic Sturgeon are facing threats from every angle. Habitat loss from dredging, blasting, and other deepening activities; saltwater intrusion; water pollution and poor water quality; the loss of river bottom habitat needed for spawning from coverage of silt from the coal industry; impingement and entrainment; boat and propeller strikes; and fisheries bycatch have all contributed to the Atlantic Sturgeon’s continued decline and inability to recover from the historic overharvesting. As a result of these devastating and ongoing impacts it is estimated that there are less than 250 spawning adults left of the Delaware River population of Atlantic Sturgeon.
To find out what you can do to help the Atlantic Sturgeon today, visit dinointhedelaware.org.
Our Atlantic Sturgeon are unique
When the Atlantic Sturgeon of the U.S. were listed under the Endangered Species Act in 2012, a Distinct Population Segments (DPS) of Atlantic Sturgeon were identified. Four DPS’ were listed as endangered (New York Bight which includes the Delaware River population, Chesapeake Bay, Carolina, South Atlantic) and the fifth DPS has been listed as threatened (Gulf of Maine). (You can learn more about the various DPS listings here.)
While the New York Bight Distinct Population Segment (DPS) is unique among Atlantic Sturgeon, the Delaware River population of Atlantic Sturgeon are unique among the New York Bight. The Delaware River population of Atlantic Sturgeon contains a genetically distinct haplotype unique to only the Delaware River. Meaning, this population of Atlantic Sturgeon are found nowhere else in the world but in our Delaware River. Unfortunately, this unique population is also in the worst shape; despite a decades-long moratorium on fishing, the population has been largely unable to recover because of the myriad of harmful activities and circumstances discussed above.
Our Work
The importance of protecting the ancient species
The Delaware Riverkeeper Network recognizes the importance of protecting this ancient species, and has been intimately involved in its listing and the development of critical habitat. Since the earliest days of our organization in 1988, the Delaware Riverkeeper Network has been a staunch advocate for the protection of the Delaware River’s genetically distinct population of Atlantic Sturgeon. In October of 2010, DRN submitted comments on NMFS’s recommendation for endangered species status, and in April and June of 2012 DRN wrote NMFS emphasizing the need to establish critical habitat and to protect the Atlantic Sturgeon from the harms of the Delaware deepening project. In March of 2014 DRN filed suit against NMFS in order to secure priority establishment of critical habitat for Atlantic Sturgeon. As the result of a legal settlement of the case, a critical habitat designation for the Delaware River was proposed and finalized, along with critical habitat for other DPS’, in 2017.
The critical habitat designation for the Delaware River population of Atlantic Sturgeon includes the Delaware River from the Route 1 Toll Bridge in Trenton downstream 137 river kilometers to Hope Creek, NJ. This portion of the river is vital to the Atlantic Sturgeon’s recovery as it functions as both spawning grounds for Atlantic Sturgeon and as a migration corridor to and from the Atlantic Sturgeon’s spawning grounds. This section of the Delaware Estuary contains the hard substrate, low salinity, and proper spring and fall temperatures necessary for successful spawning. This section of River is also under past, present and increasing pressures harmful to Atlantic Sturgeon – including, but not limited to, advancement of the Rivers salt line caused by human activities which reduce the geographic scope of the spawning grounds available, dredging, in-river development, increased and ongoing pollution inputs, ship strikes and more. The Delaware Riverkeeper Network had urged that the designation include the Delaware Bay, also critical for the species, but the final designation did not include this portion of the Delaware River system.
Holding government accountable
On more than one occasion, the Delaware Riverkeeper Network has held state and federal agencies accountable for their crimes against the prehistoric fish. We have sent urgent letters and rallied the environmental community on behalf of the Sturgeon, we work constantly to not only educate the public but also involve them in the fight for the Sturgeon.
Whether it be preventing the U.S. Army Corp of Engineers from dumping on critical habitat, urging the National Marine Fisheries Services to protect the species from excessive takes from dredging projects, battling the Salem Nuclear Generating Station for its intake system that kills over 14 billion fish at all stages of life including the Atlantic Sturgeon, or suing state and federal agencies for putting the fish at risk of vessel strike or bycatch (and thus violating the Endangered Species Act), the Delaware Riverkeeper Network has been and continues to be the Atlantic Sturgeons’ #1 advocate.
Raising our voices
The Delaware Riverkeeper Network has led many public awareness campaigns to educate the community on the plight of the genetically unique population of Atlantic Sturgeon of the Delaware River.
In November of 2022, Delaware Riverkeeper Network held a funeral march for the loss of 350,000 Atlantic Sturgeon of the Delaware River. Over 50 demonstrators, including activists, Indigenous leaders, community members, and environmental advocates from across the watershed gathered at Philadelphia City Hall to demand better protections for the Sturgeon by government agencies.
As a continuation of the Atlantic Sturgeon Funeral, in June of 2023, Delaware Riverkeeper Network hosted the “Last Baby Shower for the Delaware River Atlantic Sturgeon”. Over the course of the two day event, activists and volunteers canvassed the lawns of Independence Hall and the streets of Philadelphia to alert the public once again to the Sturgeon’s dire situation, while at the same time gathering signatures for a message directed at the National Marine Fisheries Service (NMFS), US Environmental Protection Agency (US EPA), and Delaware River Basin Commission (DRBC) urging immediate and specific protective action for the nearly extinct population.