San Francisco, CA - Conservation organizations are asking a federal court to overturn a January 2003 decision by the Bush Administration to not protect the green sturgeon under the Endangered Species Act, charging that the decision was arbitrary and contrary to the best available science. The challenge was filed yesterday in a lawsuit brought by the Environmental Protection Information Center (EPIC), Center for Biological Diversity (CBD), and Oregon Natural Resources Council (ONRC).

The green sturgeon is one of the most ancient fish species in the world, remaining unchanged in its appearance since it first emerged 200,000,000 years ago. In 2001, EPIC and CBD submitted a formal scientific research petition that documents a precipitous decline in green sturgeon populations in the last 100 years and requested that the species be listed as endangered under the ESA.

The January determination on the petition notes that "green sturgeon no longer spawn in some river systems where they once did," including the Feather River, Eel River, and South Fork of the Trinity River. It also notes that populations that do remain - in the Rogue, Klamath, and Sacramento Rivers - are at critically low levels and face water withdrawals, lethal water temperatures, sediment and toxic pollution, and other problems. However, it states that "although the [Biological Review Team] expressed concerns about these potential risk factors, there is considerable uncertainty regarding their significance or effects." It concludes that the green sturgeon "neither appears to be declining in population numbers or are in danger of extinction."

"Between four and seven spawning populations of green sturgeon have already been lost forever. How many does it take before the Bush Administration will admit there is a problem?" Cynthia Elkins, EPIC, asked.

"The three remaining spawning runs are each thought to contain only a few hundred females of spawning age, at most. This is significant cause for concern, as these runs are depleted well below the abundance of other sturgeon species listed as endangered," Jeff Miller, Center for Biological Diversity, added.

There are four species of sturgeon and one population of the white sturgeon that are already listed as endangered or threatened in the U.S.: the Shortnose sturgeon, Gulf sturgeon, Pallid sturgeon, Alabama sturgeon, and the Kootenai River population of the white sturgeon. The Sakhalin sturgeon, which is a similar species to the green sturgeon, has been completely extirpated throughout Japan, Korea, and China, and is now restricted to one river in Russia where it is raised in a hatchery. The green sturgeon is designated as a species of Special Concern in Canada because it has become so rare.

Green sturgeon are among the largest and longest living species found in freshwater, living up to 70 years, reaching 7.5 feet in length, and weighing up to 350 pounds. The ancient fish species looks prehistoric, with a skeleton consisting of mostly cartilage and rows of bony plates for scales. They have snouts like shovels and mouths like vacuum cleaners that are used to siphon shrimp and other food from sandy depths. Green sturgeons are anadromous, meaning they migrate to the ocean and return to freshwater to spawn, and range from Mexico to Alaska in marine waters.

The January determination defines two "distinct population segments" of the green sturgeon, drawing a boundary at the Eel River in California. It estimates there are only a few hundred to 2,000 individuals in the southern population. The legal action seeks protection for both populations as defined in the January determination.

"A number of green sturgeon were among the fish that perished in the large fish kill that occurred in the Klamath River in September 2002. The precarious status of this magnificent fish makes it imperative to restore the flows to the Klamath, considered to be the center of the world for the green sturgeon," Wendell Wood, ONRC, said.

In addition to habitat destruction, over-fishing has been a major cause of decline of the green sturgeon. Sturgeons are highly vulnerable to over-fishing because of the long time it takes them to reach breeding maturity and because their large size and sluggish nature make them easy to net and snag.

More information about the green sturgeon, a copy of the listing petition, and color photos of the species are available on EPIC's green sturgeon page, the CBD website at www.biologicaldiversity.org, and the ONRC website at www.onrc.org.