S. 2089 — Sturgeon Conservation and Sustainability Act

This section establishes an exemption from the take and commerce prohibitions of ESA Section 9(a)(1) (16 U.S.C. 1538(a)(1)) and the consultation requirements of ESA Section 7(a)(2) for sturgeon legally held in captivity or a controlled environment as of the date of enactment and their progeny, until intentionally returned to the wild. (As background, Section 9 generally prohibits import, export, take, possession, interstate sale, and related activities for listed endangered species of fish, wildlife, or plants; Section 7 requires federal agencies to consult with the Fish and Wildlife Service or NMFS to ensure actions are not likely to jeopardize listed species.) Persons holding such sturgeon must demonstrate eligibility and, upon request, submit inventories, documentation, and records as required by the Secretary (i.e., Interior or Commerce), without duplicating other ESA regulations.