Blog

Congress is currently considering legislation that would exempt U.S.-based sturgeon aquaculture operations from Endangered Species Act (ESA) restrictions—a move the domestic caviar industry argues is essential for survival, but which critics warn could inadvertently enable foreign imports.

The legislative push follows a 2022 proposal by the U.S. Fish and Wildlife Service (USFWS) to list four non-native sturgeon species—Russian, ship, Persian, and stellate—under the ESA. Industry leaders immediately raised concerns that the proposal fails to distinguish between wild sturgeon and those sustainably bred and raised in captivity.

“This one-size-fits-all approach threatens the future of responsible aquaculture,” said Geno Evans, CEO of Evans Farms in Pierson, Florida, during a 22 July congressional hearing held by the House Subcommittee on Water, Wildlife and Fisheries. “Captive-bred sturgeon legally held in the U.S. should not be treated the same as wild populations under the ESA. This is in line with science and consistent with global standards under CITES.”

Although the USFWS issued its 12-month findings in 2022, no final rule has been published, leaving U.S. producers in regulatory limbo. “More than three years later, we remain in a state of uncertainty and potential regulatory harm,” Evans noted in written testimony.

The uncertainty echoes challenges Evans Farms previously faced with beluga sturgeon. The company introduced beluga in 2003, only to have the species listed under the ESA a year later. The result: a breeding population that cannot be harvested, sold, or even euthanized.

“These beluga have been on the farm for 14 years now, and we can’t do anything with them,” Evans testified. “We have to feed and care for them indefinitely. It’s become a critical issue for us.”

Supporters of the exemption argue that similar accommodations have been made for other species. For example, while Atlantic salmon is listed as endangered in certain U.S. waters, regulators have allowed domestic aquaculture operations to continue under carefully crafted guidelines.

Opponents of the proposed exemption caution that weakening ESA protections could open a backdoor to imports from Russia and China—two of the world’s largest exporters of wild and farmed sturgeon products. However, supporters maintain that a clear distinction between captive-bred and wild populations is both scientifically defensible and economically necessary.

As lawmakers deliberate, the caviar industry remains in a holding pattern, urging Congress and USFWS to provide regulatory clarity that balances conservation goals with the viability of sustainable aquaculture.