HR4033-119

What This Bill Does

The Sturgeon Conservation and Sustainability Act creates an Endangered Species Act carveout for sturgeon already held legally in captivity or controlled environments and for their progeny. ESA section 9(a)(1) prohibitions and section 7(a)(2) consultation requirements would not apply to a farmed sturgeon legally held in captivity or a controlled environment as of enactment, or to progeny of that sturgeon, until the fish is intentionally returned to a wild state. People holding covered sturgeon or progeny must be able to demonstrate that the fish qualifies and must maintain and submit inventories, documentation, and records that the Secretary requires by regulation as reasonably appropriate. Those requirements may not unnecessarily duplicate other ESA rules. The bill is designed to separate aquaculture or captive sturgeon operations from wild-sturgeon ESA restrictions while preserving recordkeeping and applying protections again if fish are intentionally returned to the wild.

Who Benefits and How

Sturgeon farms benefit because covered captive sturgeon and progeny are exempt from ESA take and consultation rules until returned to the wild. Aquaculture businesses benefit from reduced regulatory risk for legally held controlled-environment sturgeon. Sturgeon product producers benefit if captive breeding and inventory can continue under documentation rules. Agency record reviewers benefit from inventory and documentation authority for covered sturgeon holders.

Who Bears the Burden and How

Conservation organizations bear concern that ESA protections are narrowed for captive sturgeon and progeny. Fish and Wildlife Service staff must write or apply recordkeeping rules without unnecessary duplication. Sturgeon holders must demonstrate qualification and maintain inventories, documentation, and records. Sturgeon released to wild areas regain ESA protections once intentionally returned to a wild state.

Key Provisions

• Exempts legally captive or controlled-environment farmed sturgeon from ESA section 9 and section 7 rules.
• Extends the exemption to progeny of covered sturgeon.
• Limits the exemption until covered sturgeon or progeny are intentionally returned to the wild.
• Requires holders to demonstrate qualification and maintain or submit inventories, documentation, and records.
• Bars recordkeeping rules that unnecessarily duplicate other ESA requirements.