31222 Federal Register / Vol. 79, No. 105 / Monday, June 2, 2014 / Rules and Regulations

in Portsmouth, Virginia at telephone ADDRESSES: Chief, Endangered Species whether a group of organisms number (757) 668–5555. Division, NMFS Office of Protected constitutes a ‘‘species’’ under the ESA, (4) The Coast Guard Representatives Resources (F/PR3), 1315 East West then whether the status of the species enforcing the safety zone can be Highway, Silver Spring, MD 20910, qualifies it for listing as either contacted on VHF–FM marine band USA. threatened or endangered. Section 3 of radio channel 13 (165.65 Mhz) and FOR FURTHER INFORMATION CONTACT: Dr. the ESA defines a ‘‘species’’ as ‘‘any channel 16 (156.8 Mhz). Dwayne Meadows, NMFS, Office of subspecies of fish or wildlife or plants, (d) Enforcement Period. This section Protected Resources, (301) 427–8403. and any distinct population segment of will be enforced from 9:15 p.m. until any species of fish or wildlife SUPPLEMENTARY INFORMATION: 9:45 p.m. on September 11, 2014. which interbreeds when mature.’’ Dated: May 13, 2014. Background Section 3 of the ESA further defines an endangered species as ‘‘any species John K. Little, On March 12, 2012, we received a petition from the WildEarth Guardians which is in danger of extinction Captain, U.S. Coast Guard, Captain of the throughout all or a significant portion of Port Hampton Roads. and Friends of to list 15 species of ( its range’’ and a threatened species as [FR Doc. 2014–12384 Filed 5–30–14; 8:45 am] one ‘‘which is likely to become an BILLING CODE 9110–04–P naccarii—Adriatic sturgeon; A. sturio— European sturgeon; A. gueldenstaedtii— endangered species within the Russian sturgeon; A. nudiventris—ship foreseeable future throughout all or a significant portion of its range.’’ We sturgeon/bastard sturgeon/fringebarbel DEPARTMENT OF COMMERCE interpret an ‘‘endangered species’’ to be sturgeon/spiny sturgeon/thorn sturgeon; one that is presently in danger of A. persicus—Persian sturgeon; A. National Oceanic and Atmospheric extinction. A ‘‘threatened species,’’ on stellatus—stellate sturgeon/star Administration the other hand, is not presently in sturgeon; A. baerii—Siberian sturgeon; danger of extinction, but is likely to A. dabryanus—Yangtze sturgeon/ 50 CFR Part 224 become so in the foreseeable future (that Dabry’s sturgeon/river sturgeon; A. is, at a later time). In other words, the [Docket No. 120705210–4423–03] sinensis—Chinese sturgeon; A. primary statutory difference between a mikadoi—Sakhalin sturgeon; A. RIN 0648–XC101 threatened and endangered species is schrenckii—Amur sturgeon; the timing of when a species may be in Endangered and Threatened Wildlife dauricus—Kaluga sturgeon; danger of extinction, either presently and Plants; Final Rule To List Five fedtschenkoi— (endangered) or in the foreseeable future Species of as Endangered Syr-darya shovelnose sturgeon/Syr (threatened). Section 4(a)(1) of the ESA Under the Endangered Species Act darya sturgeon; P. hermanni—dwarf requires us to determine whether any sturgeon/Little Amu-darya shovelnose/ species is endangered or threatened due AGENCY: National Marine Fisheries little shovelnose sturgeon/Small Amu- Service (NMFS), National Oceanic and to any one or a combination of the dar shovelnose sturgeon; P. following five threat factors: (1) The Atmospheric Administration (NOAA), kaufmanni—false shovelnose sturgeon/ Commerce. present or threatened destruction, Amu darya shovelnose sturgeon/Amu modification, or curtailment of its ACTION: Final rule. darya sturgeon/big Amu darya habitat or range; (2) overutilization for shovelnose/large Amu-dar shovelnose commercial, recreational, scientific, or SUMMARY: We, NMFS, issue a final sturgeon/shovelfish) as threatened or determination to list five species of educational purposes; (3) disease or endangered under the Endangered predation; (4) the inadequacy of existing foreign sturgeon as endangered under Species Act (ESA). As a result of the Endangered Species Act (ESA). We regulatory mechanisms; or (5) other subsequent discussions between us and natural or manmade factors affecting its updated the status reviews of the the U.S. Fish and Wildlife Service species to include additional continued existence. We are required to (FWS), we determined that 10 of the 15 make listing determinations based information regarding the species and petitioned sturgeon species are not solely on the best scientific and conservation efforts being made to marine or anadromous. Therefore FWS commercial data available after protect them. We considered is conducting the required listing conducting a review of the species’ governmental and public comments on analyses for those 10 species and NMFS status and after taking into account the proposed listing rule. We have made is making the determinations for the five efforts being made by any state or our determination that Acipenser anadromous species, Acipenser foreign nation to protect the species. naccarii (Adriatic sturgeon), and A. naccarii, A. sturio, A. sinensis, A. In making listing determinations for sturio (European sturgeon) in Western mikadoi and Huso dauricus. On August these five species, we first determined Europe, A. sinensis (Chinese sturgeon) 27, 2012, we published a 90-day finding whether each petitioned species meets in the Yangtze River basin, and A. in the Federal Register (77 FR 51767) the ESA definition of a ‘‘species.’’ Next, mikadoi (Sakhalin sturgeon) and Huso that found that listing these five species using the best available information dauricus (Kaluga sturgeon) in the Amur under the ESA may be warranted, and gathered during the status reviews, we River Basin/Sea of Japan/Sea of Okhotsk announced the initiation of status completed an extinction risk region, should be listed as endangered reviews for each species. Based on assessment. We then assessed the species. We will not designate critical information we gathered during the threats affecting the status of each habitat because the geographical areas status review, we proposed listing all species using the five listing factors occupied by these species are entirely five species as endangered on October identified in section 4(a)(1) of the ESA. outside U.S. jurisdiction, and we have 31, 2013 (78 FR 65249). Once we determined the threats, we not identified any unoccupied areas in We are responsible for determining assessed efforts being made to protect the U.S. that are currently essential to whether species are threatened or the species to determine if these the conservation of any of these species. endangered under the ESA (16 U.S.C. conservation efforts are adequate to DATES: This final rule is effective July 2, 1531 et seq.). To make this mitigate the existing threats. We 2014. determination, we first consider evaluate conservation efforts using the

VerDate Mar<15>2010 15:44 May 30, 2014 Jkt 232001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\02JNR1.SGM 02JNR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 79, No. 105 / Monday, June 2, 2014 / Rules and Regulations 31223

criteria outlined in the joint NMFS/FWS International Trade listing. As noted above, the ESA only Policy for Evaluating Conservation Two commenters provided allows us to consider the best available Efforts (PECE) (68 FR 15100; March 28, information on the effect of commercial scientific and commercial information 2003) to determine their certainty of trade in the proposed species on their in making listing decisions. implementation and effectiveness for conservation. The WSCS suggested Nevertheless, we intend to engage in future or not yet fully implemented commercial use of these species could voluntary efforts to assist range states in conservation efforts. Finally, we re- help fund conservation efforts to the conservation of these species. The Florida Sturgeon Production assessed the extinction risk of each improve the status of these species. Working Group, an aquaculture species in light of the existing WSCS argued that an endangered listing advisory body to the state of Florida, conservation efforts. would harm trade. They asserted noted that Florida sturgeon farmers are that caviar trade from aquacultured Public Comment currently growing Atlantic sturgeon sources reduces pressure on wild We note that at least one commenter (Acipenser oxyrhynchus oxyrhynchus), sources and reduces prices for wild- which are closely related to the provided information about the status sourced product. In contrast, the review as well as proposed listing. proposed European sturgeon (A. sturio). petitioner provided comments and They are concerned that there might be Where that information was relevant to references arguing that legal commercial the proposed listing, we considered it future taxonomic changes affecting the trade would hurt the conservation status definition and of these two and discussed it in this final rule. If it of these species by providing cover for was relevant to the status review alone, species. They requested we provide ‘‘a illegal trade, by confusing consumers means to distinguish’’ the two species in we addressed that by preparing an ‘‘by sending a signal that these species updated status review. the final rule. We appreciate the are no longer endangered, or it may concerns of the working group. In the solicitation for information reduce the stigma’’ associated with However, it is not possible for us to from the public on the proposed rule we these species, and/or by increasing anticipate potential taxonomic changes received information and/or comments demand for wild animals. We believe at this time. We note that U.S. DPSs of from five parties. We also received the effect of trade on conservation of Atlantic sturgeon are currently listed comments from seven foreign countries endangered species is a complex issue, under the ESA as either endangered or as part of our foreign consultation as the few studies on other species threatened. Should new scientific solicitation; none took a position on provide conflicting results. We are not agreement changing the taxonomy of whether the species should be listed. A aware of any studies documenting either of these species occur, we would scientific reviewer provided a citation to whether trade in sturgeon furthers likely need to clarify or modify our recent work on genetic diversity of conservation efforts. Neither sturgeon listings based on the best paleontological specimens of European commenter, nor any other commenter, available scientific information at that sturgeon and unpublished recent provided any new data on trade in any time. In order to do so, we would need sightings of juvenile European sturgeon of the proposed species that we had not to comply with applicable procedural in nearshore waters near the mouth of already considered. In addition, the requirements of the Endangered Species the Gironde River in France. We commenter provided no information Act. incorporated that information in the regarding conservation efforts that we The petitioner also provided updated status review and considered it could evaluate under PECE. We note comments relative to the legal status in our final listing determination. that we are required to make ESA listing and trade of animals in captivity prior Stocking decisions based on the best available to listing. We agree there was some scientific and commercial data. While confusing language in the proposed rule Two commenters provided views on under PECE we consider whether other regarding actions that would not be the role of stocking and releasing types of conservation approaches or considered prohibited take under animals cultured in captivity to assist in actions render ESA listing unnecessary, section 9 with regard to commercial conservation efforts. The World once we have determined to list a trade where we also discussed other Sturgeon Conservation Society (WSCS) species based on consideration of the ESA authorities. Section 9(b)(1) of the argued that listing may adversely impact statutory criteria we consider other ESA says that captive specimens of stocking, which they argue provides conservation actions in later actions, listed species that were in captivity at conservation benefits by increasing such as during the recovery planning the time of listing are not subject to the population size of endangered species. process. We make no change in the requirements of Section 9(a)(1)(A) or The petitioner argued and provided listing determination as a result of these 9(a)(1)(G) of the Act (that prohibit literature references that stocking comments. import/export and require adherence to programs may create unsustainable any additional protective regulations Other Comments demand for founder stocks from the promulgated for the species) provided wild that ultimately hurt conservation The WSCS expressed concern that a that such holding and any subsequent efforts. None of the literature provided regulatory ESA listing would be holding or use of the captive fish is not addressed sturgeon stocking programs. ineffective as the United States has little in the course of commercial activity. So While we agree that stocking fish into jurisdiction or ability to effect that this is clear, in this final rule we the wild can be an effective conservation in the range states of the did not include the sentence, ‘‘Any conservation strategy when risks such as proposed species and would be better interstate and foreign commerce trade of genetic integrity and diversity, disease, able to assist conservation efforts sturgeon already in captivity.’’ in the and effects on source populations are voluntarily and that listing was section identifying activities that are not considered, we received no additional inappropriate. We agree that the United likely to result in a violation of section specific information on the threats or States has limited jurisdiction in the 9. benefits of stocking to any of the range states of the proposed species, but proposed species that would alter our note that the ability of the United States Status Reviews status assessments, and make no to take action subsequent to listing is In order prepare the status reviews, changes in the listing determination. not one of the statutory criteria for we compiled information on the species

VerDate Mar<15>2010 15:44 May 30, 2014 Jkt 232001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\02JNR1.SGM 02JNR1 emcdonald on DSK67QTVN1PROD with RULES 31224 Federal Register / Vol. 79, No. 105 / Monday, June 2, 2014 / Rules and Regulations

biology, ecology, life history, threats, FR 65249, October 31, 2013). The level. In England it is listed under the and conservation status from extinction risk analysis team found all Natural Environment and Rural information contained in the petition, five species to be at high risk of Communities Act (2006) (section 41) as our files, a comprehensive literature extinction in the present, with median a species ‘‘of principal importance for search, and consultation with known votes for each team member at or above the purpose of conserving biodiversity’’, experts. We updated the status reviews 80 percent probability of being currently whilst in Scotland it is listed under the based on information submitted by peer in danger of extinction for each species. Scottish Biodiversity List (2005), which reviewers, foreign governments, and the After reviewing the best available is a list of flora, fauna and habitats public. This information is available in scientific data and the extinction risk considered to be of principal the updated status review report evaluation on the five species of importance for biodiversity (Meadows and Coll, 2014) available on sturgeon, we continue to concur with conservation. The current range of this our Web site (http:// the findings of the extinction risk species does not include Bosnia and www.nmfs.noaa.gov/pr). analysis team and conclude that the risk Herzegovina and Greece, and the of extinction for all five species of species is only irregularly and Sturgeon General Species Description sturgeon is currently high. anecdotally seen in the United Kingdom Sturgeons are bony fishes most (Sheena Hynd, personal Summary of Factors Affecting the Five closely related to and communication) and the protections Species of Sturgeon bichirs. They all have cartilaginous have not prevented its decline, so this skeletons, heterocercal caudal fins Next we consider whether any one or additional information does not affect (upper lobe is larger than the lower a combination of the five threat factors our conclusion in the proposed rule lobe), one spiracle respiratory opening specified in section 4(a)(1) of the ESA regarding the adequacy of regulatory (like sharks), and unique ganoid scales. are contributing to the extinction risk of measures for this species. In sturgeons, these ganoid scales remain these five sturgeons. Since the proposed only as the five rows of bony ‘‘scutes’’ rule was published, we have received Overall Risk Summary on the sides of the body. They all have no new information relevant to four of After considering the status, threats a bottom-oriented mouth with four the section 4(a)(1) factors: Of and extinction risks for each of the five barbels (sensory ‘‘whiskers’’), a flat destruction or modification of habitat, species of sturgeon, we have determined snout and strong rounded body. overutilization, disease or other factor that Acipenser naccarii, A. sturio, A. Sturgeons have an electrosensory through the public comment process or sinensis, A. mikadoi and Huso dauricus system similar to that in sharks, which our own research for any of the five are in danger of extinction throughout they use for feeding. All of these species species. We incorporate the discussion all of their ranges, largely due to (1) seasonally migrate into rivers to spawn. of these four factors from the proposed present or threatened destruction, They are mostly bottom-oriented feeders rule (78 FR 65249, October 31, 2013) by modification or curtailment of habitat, that are normally generalist predators on reference herein. (2) overutilization for commercial, benthic prey, including various We did receive additional information recreational, scientific, or educational invertebrates and fishes, except H. regarding foreign regulatory measures purposes, and (3) inadequacy of existing dauricus, which is more piscivorous. related to A. naccarii and A. sturio from regulatory mechanisms. Bosnia and Herzegovina, Greece, and The proposed rule (78 FR 65249, Protective Efforts October 31, 2013) summarizes general the United Kingdom. Acipenser naccarii background information on the five is listed in Bosnia and Herzegovina as Section 4(b)(1)(A) of the ESA requires species’ natural history, range, endangered under the Law on Nature the Secretary, when making a listing reproduction, population structure, protection which is a ‘‘red list’’ of determination for a species, to take into distribution and abundance; none of species. In Greece it is protected under consideration those efforts, if any, being which has changed since the proposed Presidential Decree 67/1981 and Joint made by any State or foreign nation to rule. All of that information is Ministerial Decision No. 33318/3028/ protect the species. In judging the incorporated herein by reference. 11–12–1998 (B’ 1289). The current range efficacy of not yet implemented efforts, of this species does not include these or those existing protective efforts that Species Determinations countries and the protections have not are not yet fully effective, we rely on the Based on the best available scientific prevented its decline, so this additional Services’ joint ‘‘Policy for Evaluation of and commercial information described information does not affect our Conservation Efforts When Making above and in the updated status review conclusion in the proposed rule Listing Decisions’’ (‘‘PECE’’; 68 FR report (Meadows and Coll, 2014), we regarding the adequacy of regulatory 15100; March 28, 2003). The PECE have determined that Acipenser measures for this species. policy is designed to ensure consistent naccarii, A. sturio, A. sinensis, A. The same protective laws in Bosnia and adequate evaluation of whether any mikadoi and Huso dauricus are and Herzegovina and Greece also apply conservation efforts that have been taxonomically-distinct species and to A. sturio. In addition, the United recently adopted or implemented, but therefore meet the definition of Kingdom provided information on its not yet proven to be successful, will ‘‘species’’ pursuant to section 3 of the regulatory measures. They have result in recovering the species to the ESA and are eligible for listing under implemented the European Council point at which listing is not warranted the ESA. Directive on the Conservation of Natural or contribute to forming the basis for Habitats and of Wild Fauna and Flora listing a species as threatened rather Extinction Risk into national law under the than endangered. The PECE policy is None of the information we received Conservation of Habitats and Species expected to facilitate the development from peer reviewers and public Regulation (2010). The species is also of conservation efforts that sufficiently comment affected the status of any of protected in the United Kingdom under improve a species’ status so as to make the five sturgeons, so our extinction risk Schedule 5 of the Wildlife and listing the species as threatened or evaluation remains the same as in the Countryside Act 1981 (as amended) as endangered unnecessary. original status review report (Meadows well as being listed separately under The PECE policy establishes two basic and Coll, 2013) and proposed rule (78 two pieces of legislation at a country criteria to use in evaluating efforts

VerDate Mar<15>2010 15:44 May 30, 2014 Jkt 232001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\02JNR1.SGM 02JNR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 79, No. 105 / Monday, June 2, 2014 / Rules and Regulations 31225

identified in conservations plans, (Kaluga sturgeon) constitute species as Critical Habitat conservation agreements, management defined by the ESA. plans or similar documents: (1) The Based on the information presented, Critical habitat is defined in section 3 certainty that the conservation efforts we find that all five species of sturgeon of the ESA (16 U.S.C. 1532(5)) as: (1) will be implemented; and (2) the are in danger of extinction throughout The specific areas within the certainty that the efforts will be all of their ranges. We assessed the ESA geographical area occupied by a species, effective. We evaluated conservation section 4(a)(1) factors and conclude the at the time it is listed in accordance efforts we are aware of to protect and Adriatic, European, Chinese, Sakhalin with the ESA, on which are found those recover the five sturgeon species that are and Kaluga sturgeon all face ongoing physical or biological features (a) either underway but not yet fully threats from habitat alteration, essential to the conservation of the implemented, or are only planned. We overutilization for commercial and species and (b) that may require special sought additional information on other recreational purposes, and the management considerations or conservation efforts in our public inadequacy of existing regulatory protection; and (2) specific areas outside comment process at the proposed rule mechanisms throughout their ranges. the geographical area occupied by a stage, but received no information on Acipenser sturio also face high risks species at the time it is listed upon a from its life history and published additional projects. See the proposed determination that such areas are predictions of the effects of climate rule (78 FR 65249, October 31, 2013) to essential for the conservation of the review the conservation efforts we are change (Lassalle et al., 2011). All of the threats attributed to the species’ decline species. ‘‘Conservation’’ means the use aware of and considered in this listing of all methods and procedures needed determination. We note here our are ongoing except the largely historical threat from directed fisheries. After to bring the species to the point at response above to the contrasting public which listing under the ESA is no comments either supporting or considering efforts being made to longer necessary. Section 4(a)(3)(A) of highlighting the risks of stocking efforts. protect these sturgeon, we could not the ESA (16 U.S.C. 1533(a)(3)(A)) We have no evidence that specific conclude that the proposed stocking efforts are harming the five conservation efforts would alter the requires that, to the extent prudent and sturgeon species, or conversely, that extinction risk for any of these five determinable, critical habitat be they met the PECE policy criteria of species. Therefore, we are listing each of designated concurrently with the listing certainty of implementation or these five species as endangered. of a species. However, critical habitat effectiveness to be considered a factor to Effects of Listing shall not be designated in foreign mitigate extinction risk. Therefore, we countries or other areas outside U.S. Conservation measures provided for jurisdiction (50 CFR 424.12(h)). conclude that the identified species listed as endangered under the conservation efforts do not alter the ESA include recovery actions (16 U.S.C. The best available scientific and extinction risk assessments for any of 1533(f)), concurrent designation of commercial data as discussed above the five sturgeon species. critical habitat if prudent and identify the geographical areas occupied Final Determination determinable (16 U.S.C. 1533(a)(3)(A)); by Acipenser naccarii, A. sturio, A. Federal agency requirements to consult sinensis, A. mikadoi and Huso dauricus Section 4(b)(1) of the ESA requires with NMFS under Section 7 of the ESA as being entirely outside U.S. that we make listing determinations to ensure their actions do not jeopardize jurisdiction, so we cannot designate based solely on the best scientific and the species or result in adverse critical habitat for these species. We can commercial data available after modification or destruction of critical designate critical habitat in unoccupied conducting a review of the status of the habitat should it be designated (16 areas in the United States if the area(s) species and taking into account those U.S.C. 1536); and prohibitions on taking are determined by the Secretary to be efforts, if any, being made by any state (16 U.S.C. 1538). Recognition of the essential for the conservation of the or foreign nation, or political species’ plight through listing promotes species. Regulations at 50 CFR 424.12(e) subdivisions thereof, to protect and conservation actions by Federal and specify that we shall designate as conserve the species. We have reviewed state agencies, foreign entities, private critical habitat areas outside the the best available scientific and groups, and individuals. The main geographical range presently occupied commercial information, including the effects of this proposed listing are petition, the information in the report of by the species only when the prohibitions on take, including export designation limited to its present range the review of the status of the five and import. species of sturgeon, public comment, would be inadequate to ensure the and the comments of peer reviewers. We Identifying Section 7 Consultation conservation of the species. are responsible for determining whether Requirements The best available scientific and Acipenser naccarii (Adriatic sturgeon), Section 7(a)(2) (16 U.S.C. 1536(a)(2)) commercial information on these A. sturio (European sturgeon), A. of the ESA and NMFS/USFWS species does not indicate that U.S. sinensis (Chinese sturgeon), A. mikadoi regulations require Federal agencies to waters provide any specific essential (Sakhalin sturgeon) and Huso dauricus consult with us to ensure that activities biological function for any of them. (Kaluga sturgeon) are threatened or they authorize, fund, or carry out are not Based on the best available information, endangered under the ESA (16 U.S.C. likely to jeopardize the continued we have not identified unoccupied 1531 et seq.). Accordingly, we have existence of listed species or destroy or area(s) that are currently essential to the followed a stepwise approach as adversely modify critical habitat. It is conservation of any of the sturgeons outlined above in making this listing possible that the listing of the five proposed for listing. Therefore, based on determination for these five species of species of sturgeon under the ESA may the available information, we do not sturgeon. We have determined that create a minor increase in the number intend to designate critical habitat for Acipenser naccarii (Adriatic sturgeon), of section 7 consultations, though Acipenser naccarii, A. sturio, A. A. sturio (European sturgeon), A. consultations are likely to be rare given sinensis, A. mikadoi or Huso dauricus. sinensis (Chinese sturgeon), A. mikadoi that these species mostly occur in (Sakhalin sturgeon) and Huso dauricus foreign territorial waters.

VerDate Mar<15>2010 15:44 May 30, 2014 Jkt 232001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\02JNR1.SGM 02JNR1 emcdonald on DSK67QTVN1PROD with RULES 31226 Federal Register / Vol. 79, No. 105 / Monday, June 2, 2014 / Rules and Regulations

Identification of Those Activities That or potentially injurious veterinary care tranquilizing, or anesthetizing sturgeon Would Constitute a Violation of Section or conducting research or breeding when such practices, procedures, or 9 of the ESA activities on captive sturgeon, outside provisions are not likely to result in On July 1, 1994, NMFS and FWS the bounds of normal husbandry injury, is provided. practices. Captive breeding of sturgeon published a policy (59 FR 34272) that Role of Peer Review requires us to identify, to the maximum is considered experimental and potentially injurious. Furthermore, the In December 2004, the Office of extent practicable at the time a species Management and Budget (OMB) issued is listed, those activities that would or production of sturgeon progeny has conservation implications (both positive a Final Information Quality Bulletin for would not constitute a violation of and negative) for wild populations. Peer Review establishing a minimum section 9 of the ESA. Because we are Experimental or potentially injurious peer review standard. Similarly, a joint listing all five sturgeons as endangered, veterinary procedures and research or NMFS/FWS policy (59 FR 34270; July 1, all of the prohibitions of Section 9(a)(1) breeding activities of sturgeon may, 1994) requires us to solicit independent of the ESA will apply to all five species. depending on the circumstances, be expert review from qualified specialists, These include prohibitions against the authorized under an ESA 10(a)(1)(A) concurrent with the public comment import, export, use in foreign permit for scientific research or the period. The intent of the peer review commerce, or ‘‘take’’ of the species. enhancement of the propagation or policy is to ensure that listings are based Take is defined as ‘‘to harass, harm, survival of the species. on the best scientific and commercial pursue, hunt, shoot, wound, kill, trap, Although not binding, we consider data available. We solicited peer review capture, or collect, or to attempt to the following actions, depending on the comments on the status review report engage in any such conduct.’’ These circumstances, as not being prohibited and the scientific or commercial data or prohibitions apply to all persons subject by ESA Section 9: assumptions related to the information to the jurisdiction of the United States, (1) Take of a sturgeon authorized by considered for listing from 12 outside including in the United States, its an ESA section 10(a)(1)(A) permit scientists and two NMFS scientists territorial sea, or on the high seas. The authorized by, and carried out in familiar with sturgeons. After intent of this policy is to increase public accordance with the terms and publication of the proposed rule and awareness of the effects of this listing on conditions of an ESA section 10(a)(1)(A) status report, we received additional proposed and ongoing activities within permit issued by NMFS for purposes of comments from one scientist. We the species’ range. Activities that we scientific research or the enhancement incorporated these additional comments believe could result in a violation of of the propagation or survival of the into the updated status review report section 9 prohibitions of these five species; and this final rule. We conclude that sturgeons include, but are not limited (2) Continued possession of sturgeon these experts’ reviews satisfy the to, the following: parts that were in possession at the time requirements for ‘‘adequate [prior] peer (1) Take within the United States or of listing. Such parts may be non- review’’ contained in the Bulletin (sec. its territorial sea, or upon the high seas; commercially exported or imported; II.2.) as well as the joint policy. (2) Possessing, delivering, however the importer or exporter must References transporting, or shipping any sturgeon be able to provide evidence to show that part; the parts meet the criteria of ESA A complete list of the references used (3) Delivering, receiving, carrying, section 9(b)(1) (i.e., held in a controlled in this final rule is available upon transporting, or shipping in interstate or environment at the time of listing, in a request (see ADDRESSES). foreign commerce any sturgeon or non-commercial activity); Classification sturgeon part, in the course of a (3) Continued possession of live commercial activity; sturgeon that were in captivity or in a National Environmental Policy Act (4) Selling or offering for sale in controlled environment (e.g., in aquaria) The 1982 amendments to the ESA, in interstate commerce any part, except at the time of this listing, so long as the section 4(b)(1)(A), restrict the antique articles at least 100 years old; prohibitions under ESA section 9(a)(1) information that may be considered (5) Importing or exporting sturgeon or are not violated. Facilities must provide when assessing species for listing. Based any sturgeon part to or from any evidence that the sturgeon were in on this limitation of criteria for a listing country; captivity or in a controlled environment decision and the opinion in Pacific (6) Releasing captive sturgeon into the prior to listing. We suggest such Legal Foundation v. Andrus, 675 F. 2d wild. Although sturgeon held non- facilities submit information to us on 825 (6th Cir. 1981), NMFS has commercially in captivity at the time of the sturgeon in their possession (e.g., concluded that ESA listing actions are listing are exempt from certain size, age, description of animals, and the not subject to the environmental prohibitions, the individual animals are source and date of acquisition) to assessment requirements of the National considered listed and afforded most of establish their claim of possession (see Environmental Policy Act (NEPA) (See the protections of the ESA, including For Further Information Contact); and NOAA Administrative Order 216–6). most importantly, the prohibition (4) Provision of care for live sturgeon against injuring or killing. Release of a that were in captivity at the time of Executive Order 12866, Regulatory captive animal has the potential to listing. These individuals are still Flexibility Act, and Paperwork injure or kill the animal. Of an even protected under the ESA and may not be Reduction Act greater conservation concern, the release killed or injured, or otherwise harmed, As noted in the Conference Report on of a captive animal has the potential to and, therefore, must receive proper care. the 1982 amendments to the ESA, affect wild populations of native Normal care of captive animals economic impacts cannot be considered sturgeon through introduction of necessarily entails handling or other when assessing the status of a species. diseases or inappropriate genetic manipulation of the animals, and we do Therefore, the economic analysis mixing; not consider such activities to constitute requirements of the Regulatory (7) Harming captive sturgeon by, take or harassment of the animals so Flexibility Act are not applicable to the among other things, injuring or killing a long as adequate care, including listing process. In addition, this final captive sturgeon, through experimental veterinary care, such as confining, rule is exempt from review under

VerDate Mar<15>2010 15:44 May 30, 2014 Jkt 232001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\02JNR1.SGM 02JNR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 79, No. 105 / Monday, June 2, 2014 / Rules and Regulations 31227

Executive Order 12866. This final rule record keeping requirements, Authority: 16 U.S.C. 1531–1543 and 16 does not contain a collection-of- Transportation. U.S.C 1361 et seq. information requirement for the Dated: May 23, 2014. purposes of the Paperwork Reduction ■ 2. In § 224.101, paragraph (h), add Samuel D. Rauch III, Act. new entries for five species under the Deputy Assistant Administrator for ‘‘Fishes’’ section in alphabetical order as Executive Order 13132, Federalism Regulatory Programs, National Marine follows: In accordance with E.O. 13132, we Fisheries Service. determined that this final rule does not For the reasons set out in the § 224.101 Enumeration of endangered have significant Federalism effects and preamble, 50 CFR part 224 is amended marine and anadromous species. that a Federalism assessment is not as follows: * * * * * required. PART 224—ENDANGERED MARINE (h) The endangered species under the List of Subjects in 50 CFR Part 224 AND ANADROMOUS SPECIES jurisdiction of the Secretary of Administrative practice and Commerce are: procedure, Endangered and threatened ■ 1. The authority citation for part 224 species, Exports, Imports, Reporting and continues to read as follows:

Species 1 Citation(s) for listing Critical ESA Rules Common name Scientific name Description of listed entity determination(s) habitat

******* Fishes

******* Sturgeon, Adriatic ...... Acipenser naccarii ...... Entire species ...... [Insert Federal Register NA NA page number where the document begins], June 2, 2014.

******* Sturgeon, Chinese ...... Acipenser sinensis ...... Entire species ...... [Insert Federal Register NA NA page number where the document begins], June 2, 2014. Sturgeon, European ...... Acipenser sturio ...... Entire species ...... [Insert Federal Register NA NA page number where the document begins], June 2, 2014. Sturgeon, Kaluga ...... Huso dauricus ...... Entire species ...... [Insert Federal Register NA NA page number where the document begins], June 2, 2014. Sturgeon, Sakhalin ...... Acipenser mikadoi ...... Entire species ...... [Insert Federal Register NA NA page number where the document begins], June 2, 2014.

******* 1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).

* * * * * DEPARTMENT OF COMMERCE ACTION: Temporary rule; closure. [FR Doc. 2014–12626 Filed 5–30–14; 8:45 am] BILLING CODE 3510–22–P National Oceanic and Atmospheric SUMMARY: NMFS is closing the Administration commercial blacktip shark fishery in the Gulf of Mexico region. This action is 50 CFR Part 635 necessary because projections indicate that the commercial landings of Gulf of [Docket No. 130402317–3966–02] Mexico blacktip sharks for the 2014 RIN 0648–XD312 fishing season could reach 80 percent of the available commercial quota as of Atlantic Highly Migratory Species; June 3, 2014. Commercial Gulf of Mexico Blacktip Shark Fishery DATES: Commercial Gulf of Mexico blacktip shark fishery is closed effective AGENCY: National Marine Fisheries 11:30 p.m. local time June 2, 2014, until Service (NMFS), National Oceanic and the end of the 2014 fishing season on Atmospheric Administration (NOAA), December 31, 2014, or until and if Commerce. NMFS announces via a notice in the

VerDate Mar<15>2010 15:44 May 30, 2014 Jkt 232001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\02JNR1.SGM 02JNR1 emcdonald on DSK67QTVN1PROD with RULES