 The intent to sue is a 60-day notice required by federal law before litigation can be filed. The Delaware Riverkeeper Network alleges Delaware, New Jersey, and Pennsylvania have not applied for and obtained incidental take permits for commercial fisheries operating within the known habitat of Atlantic sturgeon as required by the Endangered Species Act. They say sturgeon are getting caught in the nets used by commercial operations as they fish for other species, either killing the sturgeon or causing injury that can lead to death or affect reproduction.