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Federal Register / Vol. 69, No. 77 / Wednesday, April 21, 2004 / Rules and Regulations 21425

the heading at the beginning of this (2) Reports and data relating to field for these , have improved the document to find this action in the reports, including dealer reports and hard status of the species and will be Unified Agenda. copy reports; discussed later in this notice. We (3) Reports and data relating to consumer believe that additional conservation List of Subjects in 49 CFR Part 512 complaints; and measures for species that have (4) Lists of common green identifiers. Administrative practice and been adopted by the CITES Standing procedure, Confidential business * * * * * Committee will afford further benefits to (c) The Chief Counsel has determined that sturgeon, and other sturgeon information, Freedom of information, the disclosure of the last six (6) characters, Motor vehicle safety, Reporting and when disclosed along with the first eleven species, provided the measures are fully recordkeeping requirements. (11) characters, of vehicle identification implemented and continue to be I In consideration of the foregoing, the numbers reported in information on supported by the CITES community. National Highway Traffic Safety incidents involving death or injury pursuant This rule identifies the beluga sturgeon Administration amends 49 CFR Chapter to the reporting of early warning information as a species in need of conservation; V, Code of Federal Regulations, by requirements of 49 CFR part 579 will implements protective measures by constitute a clearly unwarranted invasion of amending part 512 as set forth below. extending the full protection of the Act personal privacy within the meaning of 5 to the species throughout its range; and U.S.C. 552(b)(6). PART 512—CONFIDENTIAL BUSINESS complements current and future INFORMATION Issued on: April 16, 2004. conservation measures to be undertaken Jeffrey W. Runge, by the species’ range countries, as I 1. The authority for Part 512 recommended by the CITES Standing Administrator. continues to read as follows: Committee. [FR Doc. 04–9005 Filed 4–20–04; 8:45 am] Authority: 49 U.S.C. 322; 5 U.S.C. 552; 49 DATES: BILLING CODE 4910–59–P This rule is effective October 21, U.S.C. 30166, 49 U.S.C. 30167; 49 U.S.C. 2004. 32307; 49 U.S.C. 32505; 49 U.S.C. 32708; 49 ADDRESSES: U.S.C. 32910; 49 U.S.C. 33116; delegation of The complete file for this authority at 49 CFR 1.50. DEPARTMENT OF THE INTERIOR rule is available for inspection, by appointment, during normal business I 2. Revise paragraph (c) of 49 CFR and Wildlife Service hours in the office of the Division of 512.21 to read as follows: Scientific Authority; U.S. Fish and 50 CFR Part 17 Wildlife Service; 4401 North Fairfax § 512.21 How is information submitted Drive; Room 750; Arlington, Virginia pursuant to this part treated once a RIN 1018–AI11 confidentiality determination is made? 22203. Requests for copies of the regulations * * * * * Endangered and Threatened Wildlife and Plants; Final Determination of regarding listed wildlife and inquiries (c) Should the Chief Counsel, after about prohibitions and permits may be considering a petition for Threatened Status for the Beluga Sturgeon ( huso) addressed to: Division of Management reconsideration, decide that information Authority, U.S. Fish and Wildlife is not entitled to confidential treatment, AGENCY: Fish and Wildlife Service, Service, 4401 North Fairfax Drive, Room the agency may make the information Interior. 700, Arlington, Virginia 22203, available after twenty (20) working days ACTION: Final rule. (telephone: (703) 358–2104; facsimile: after the submitter has received notice (703) 358–2281). of that decision from the Chief Counsel SUMMARY: We, the U.S. Fish and FOR FURTHER INFORMATION CONTACT: unless the agency receives direction Wildlife Service (Service), determine Robert R. Gabel, Chief, Division of from a court not to release the threatened status for the beluga sturgeon Scientific Authority, at the above information. (Huso huso) under the authority of the address (phone: 703–358–1708). For I 3. Amend Appendix B to Part 512 by Endangered Species Act of 1973 (Act; 16 permitting information, contact: Tim revising the first paragraph to read as U.S.C. 1531 et seq.). The beluga Van Norman, Chief; Branch of Permits- follows: sturgeon is a large fish from which International; Division of Management highly valued beluga is produced. Appendix B to part 512—General Class Authority; U.S. Fish and Wildlife The species’ range was reduced during Determinations Service; 4401 North Fairfax Drive; Room the 20th century, and is now limited to 700; Arlington, Virginia 22203 (phone: The Chief Counsel has determined that the the Caspian and Basins. The 703–358–2104). following types of information would species is threatened through habitat SUPPLEMENTARY INFORMATION: presumptively be likely to result in modification and degradation, over- substantial competitive harm if disclosed to exploitation for trade, limited natural Background the public: reproduction, and agricultural and The beluga sturgeon is the largest of industrial pollution. A number of all sturgeon species. Historic reports * * * * * positive conservation measures have indicate that individual fish can reach 6 I 4. Amend Appendix C to Part 512 by been taken for all sturgeon species since meters in length and more than one ton revising paragraphs (a)(2) and (a)(3), by all previously unlisted in weight. It is also considered the most adding a new paragraph (a)(4), and by species ( economically valuable fish in the world, adding a new paragraph (c) to read as and ) were added to because the female beluga sturgeon is follows: Appendix II of the Convention on harvested to produce . Appendix C to Part 512—Early International Trade in Endangered Beluga sturgeon are highly vulnerable Warning Reporting Class Species of Wild Fauna and Flora to depletion, due to their unique life- Determinations (CITES) in 1998. The regulatory history characteristics, and because the mechanisms and consequent actions for them targets the reproductive (a) * * * that have been implemented by CITES segment of the population. The species (1) * * * Parties, including the range countries is long-lived and slow to mature.

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Although estimates indicate that the decreasing (Hensel and Holcik 1997). and we also extended the period to oldest fish currently harvested are 50– Within one decade, annual produce a final determination by 6 55 years of age, with an average age of River beluga sturgeon harvest declined months, to January 31, 2004 (68 FR less than 35 years, during the early 20th to12.7 tons, indicative of the dams’ 39507). This extension was made for the century 100-year-old beluga sturgeon effect on spawning sturgeon populations purpose of soliciting additional were commonly taken in the northern (Bacalbasa-Dobrovici 1997b). population data and comments (Khodorevskaya et al. The eradication of centralized control regarding the stock-assessment survey, 2000). On average, beluga sturgeon of the fishery in the northern Caspian as specified under section 4(b)(6)(B)(i) mature between 10 and 16 years of age Sea after the dissolution of the Soviet of the Act. We also submitted the report for males, and between 14 and 20 years Union, and persistent high demand for for independent peer review. The public for females (Hochleithner and Gessner beluga caviar, led to expansion of illegal comment period closed on September 2, 1999). Male beluga sturgeon only harvest of the species and the growth of 2003. All comments and information once every 4–7 years, whereas females an illicit worldwide trade network to received during this and the previous reproduce once every 4–8 years supply the demand. Enforcement has two comment periods were considered (Raspopov 1993). Fecundity in adult been difficult due to a lack of financial in our final listing determination and female beluga sturgeon increases with resources to supply adequate boats, are included in the administrative age; individual fish will produce a equipment, and salaries for conservation record. greater number of eggs during each officers. Summary of Comments and subsequent spawning run. On average, On December 18, 2000, we received a Recommendations adult female H. huso can produce up to petition to list the beluga sturgeon as 12 percent of their body weight in endangered under the Act. On June 20, On July 31, 2002, we announced a (DeMeulenaer and Raymakers 1996). 2002, we published concurrent 90-day proposal to list beluga sturgeon (Huso The historic range of the beluga and 12-month findings on the petition huso) as endangered under the sturgeon formerly encompassed the (67 FR 41918). The 90-day finding Endangered Species Act (67 FR 49657). Caspian Sea, Black Sea, , stated that the petition presented All interested parties were requested to Sea of Azov, and all rivers within their substantial information indicating that submit factual reports or information by watersheds (Khodorevskaya et al. 2000). the requested action may be warranted. October 29, 2002, so we could consider Range countries currently include: The 12-month finding stated that the the information in the development of a Azerbaijan, Bulgaria, Croatia, the Czech petitioned action is warranted. final rule. Beluga sturgeon range Republic, Georgia, Hungary, the Islamic Subsequently, on July 31, 2002, we countries, the CITES Secretariat, Federal Republic of Iran, Kazakhstan, the announced a proposal to list the beluga and State agriculture and wildlife Republic of Moldova, Romania, the sturgeon (Huso huso) as endangered agencies, scientific organizations, the Russian Federation, Turkey, under the Act (67 FR 49657). The notice caviar and aquaculture industries, and Turkmenistan, Ukraine, and Yugoslavia. requested public comments and other interested parties were contacted The Adriatic Sea population is information by October 29, 2002. and supplied with a copy of the considered extirpated, and the last Requests for a public hearing were to be proposal. We received 31 substantive record of a wild-caught specimen in the received by September 16, 2002. The comments during the comment period, Sea of Azov is from the mid-1980s Division of Scientific Authority (DSA) as well as 4,226 e-mail messages, (TRAFFIC/Europe 1999). The species’ received four requests for a public postcards, and letters that were current range is limited to the Caspian hearing. To accommodate the requests, submitted as part of a letter-writing and Black Sea Basins. on November 6, 2002 (67 FR 67856), we campaign. Four individuals submitted Loss of spawning habitat has had the gave notice of a public hearing to take comments, but maintained a neutral greatest impact on the survival of beluga place on December 5, 2002. With that position regarding listing. We received sturgeon populations. Hydrographic notice, the public comment period was 14 written comments in opposition to modifications to major spawning rivers extended through December 28, 2002, to listing the species as endangered. The caused changes in river flow regimes allow for submission of comments opponents included members of the that have had a negative impact on through, and 15 days after, the public aquaculture, caviar, and beluga sturgeon spawning behavior. hearing. industries, State wildlife conservation Dam construction, for hydroelectric On March 11, 2003, we received a and agriculture agencies, power generation and flood control, ‘‘Report on Results of Complex Interstate agencies representing three Caspian Sea produced impassable barriers to All-Caspian Sea Expedition on the range countries (the Islamic Republic of migration. Spawning grounds have been Assess[ment] of Sturgeon Species Iran, Kazakhstan, and the Russian flooded, and a large portion of the Stocks’’ from the CITES Secretariat. This Federation) and one Black Sea range remaining rocky substrate that was report summarized the 2002 sturgeon country (Romania), two conservation previously utilized by the species for stock-assessment survey for the Caspian organizations, and several private spawning has been blanketed by Sea and provided new data that would individuals. The proposal was not siltation. Observations during the 19th enhance the accuracy of previous supported by the National Aquaculture century indicated that the Black Sea H. population data, while providing Association; the Florida Department of huso population over-wintered and sufficient new data that detailed the Agriculture and Consumer Services, spawned as far north as the Austrian current status of the Caspian Sea beluga Division of Aquaculture; the World and Bavarian portions of the Danube sturgeon population. We believed the Conservation Union (IUCN) Sturgeon River. Beluga sturgeon were once information contained in the report Specialist Group; and IWMC-World abundant in the Danube River. Harvest would address substantial Conservation Trust. rates during the mid-1970s averaged 23 disagreements regarding the status of We received 10 written comments in metric tons annually. After the the species, and would be relevant to support of an endangered listing. construction of the Djerdap I and II our final determination. Therefore, on Supporters included the original dams during the 1980s, annual harvest July 2, 2003, we published a notice to petitioners, Caviar Emptor, a consortium assessments indicated that the Danube re-open the comment period on our of non-government organizations that River populations were rapidly proposal to list the species for 60 days, includes SeaWeb, the Wildlife

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Conservation Society, and the Natural 2002 sturgeon stock-assessment survey listing of all previously unlisted Resources Defense Council; Azerbaijan, for the Caspian Sea in the ‘‘Report on sturgeon species in Appendix II of a range country; a member of the caviar Results of Complex Interstate All- CITES, effective April 1, 1998. The industry; and several private Caspian Sea Expedition on the listing required all exports and re- individuals. We also received a letter of Assess[ment] of Sturgeon Species exports of Appendix II sturgeons in support signed by 69 chefs and/or Stocks,’’ from the Secretariat of the international trade to be accompanied restaurant owners and another, similar Convention on International Trade in by a CITES export permit or re-export letter signed by 57 members of academia Endangered Species of Wild Fauna and certificate. The permitting system has and representatives of conservation Flora (CITES), we re-opened a final helped to deter illegal international organizations. A letter-writing campaign comment period on July 3, 2003 (68 FR trade by focusing enforcement attention sponsored by Caviar Emptor produced 39507). We notified the public that we on document forgery, misidentification an additional 4,226 comments in would accept comments through of species in trade, and illegal trade support of an endangered listing. Two September 2, 2003. The notice also routes and networks. Since the listing, letters were received from members of extended the deadline for publication of conservation of sturgeons (including the caviar industry who supported an our final decision by 6 months, from the paddlefishes) has continued to be a endangered listing, provided we would original date of July 31, 2003, to January prominent issue at meetings of the allow an exemption for beluga sturgeon 31, 2004. During the final comment CITES Standing Committee, products produced by commercial period, we received three comments. A Committee, and Conference of the aquaculture. detailed set of documents submitted by Parties. Many resolutions, Prior to the end of the comment the CITES Secretariat, on behalf of the recommendations, and decisions have period, we received four requests for a beluga sturgeon range countries, been adopted by the CITES Parties to public hearing. Therefore, notice of a included new information about the address issues ranging from annual public hearing and extension of the status of beluga sturgeon stocks in the quotas to stock surveys and comment period to accommodate Caspian and Black Seas. We also management plans, further indicating comments received during, and 15 days received a letter from the petitioners, the continuing conservation needs of after, the public hearing was published Caviar Emptor, in which they presented sturgeon species (for further on November 6, 2002 (67 FR 67586). an analysis of the survey methodology information, see www..org). The public hearing took place December used during the 2002 Caspian Sea Although all of the recommendations 5, 2002, and the public comment period sturgeon stock-assessment, and they made by the CITES Parties have not was extended through December 28, also provided numerous articles about been implemented, actions taken to date 2002. During the public hearing, oral the status of beluga sturgeon collected have made significant contributions to testimony was given by four individuals from national and international grey the conservation of sturgeon species, representing industry; the Florida literature. and will continue to address Department of Agriculture and Peer Review conservation and management needs in Consumer Services, Division of the future. A threatened listing will In accordance with our policy Aquaculture, and the Florida Sturgeon reinforce the need to continue the published on July 1, 1994 (59 FR Production Working Group; Caviar positive actions taken since the listing, 34270), we have sought expert opinions Emptor; and The Seafood Choices and encourage range countries to further of at least three appropriate Alliance. The representatives for develop and implement conservation industry and the State of Florida independent specialists for our measures for all wild sturgeon expressed their opposition to listing the proposed rule and documents regarding populations, including the beluga species as endangered. Caviar Emptor Caspian Sea stock-assessment surveys sturgeon. and The Seafood Choices Alliance that were considered as part of this final voiced their support for listing. In listing decision. The purpose of such In 2001, based on recommendations addition to the verbal testimony given review is to ensure listing decisions are from the CITES Animals Committee, the during the public hearing, six additional based on scientifically sound data, so-called ‘‘Paris Agreement’’ was written comments in support of the assumptions, and analysis. We developed during the 45th meeting of listing were received during the considered and incorporated comments the CITES Standing Committee (SC 45 extended comment period. These and information from the peer reviewers Doc. 12.2). By accepting the conditions comments were received from private into this final rule. of the Paris Agreement, the Caspian Sea individuals; The Seafood Choices Comments or questions about the range countries of Azerbaijan, Alliance (a letter signed by 191 chefs rule, and our responses, are grouped Kazakhstan, and the Russian Federation and other representatives of the seafood into a number of general issues, made commitments to further the industry); academia; and the depending on content, and are conservation of Caspian Sea sturgeon Management Authority of Bulgaria. We combined in the following discussion. stocks. All sturgeon harvest was also received seven written comments, Issue 1: A number of commentors suspended during the fall fishing season in addition to the verbal testimony stated their belief that the beluga of 2001, proscribed under Stage 1 of the given during the public hearing in sturgeon is on the brink of extinction, agreement. Further actions under Stage opposition to listing the species as and therefore, urgent action is 1, to be completed before July 20, 2001, endangered. These comments were from necessary. included declaration of all stocks of a private individual, a member of the Response: We note that wild beluga specimens intended for export, and aquaculture industry, the IWMC-World sturgeon stocks have declined restriction of exports in 2001 to the Conservation Trust, and the Ministry of throughout the species’ range during the amounts of declared stocks, provided Waters and Environmental Protection of past 40 years, particularly during the the 2001 export quotas were not Romania. We received a total of 17 post-Soviet era in the Caspian Sea exceeded. Under Stage 2 of the comments during the public hearing region. Population declines of several agreement, the range countries were and extended comment period. Caspian Sea sturgeon species were so required to undertake a comprehensive After receiving significant new severe during the 1990s that survey of sturgeon stocks, develop information, which summarized the and concerned nations supported the science-based catch and export quotas,

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and assess illegal trade and fisheries community to the decline of sturgeon exploitation of this resource, it is not enforcement needs in the region. Stage stocks are being used today to document clear that the limited amount of beluga 2 was to be implemented prior to increases in Caspian Sea sturgeon caviar available from aquaculture December 31, 2001. Stage 3 actions, to populations. According to the 2002 sources would sufficiently reduce the be implemented prior to June 20, 2002, stock-assessment survey, the beluga demand on wild stocks to cause a direct included: sturgeon population in the Caspian Sea conservation benefit to the species. It is • Establishment of a long-term stock- has increased from 7.6 million fish in also unclear as to whether the demand assessment survey program to be used 1998 to 11.6 million fish (Russian for broodstock to establish aquaculture as the basis for future management of Federation et al. 2002). By comparison, operations would itself constitute a sturgeon stocks; the gulf sturgeon (A. oxyrinchus threat to the species. For American • A request to the Food and desotoi), a sturgeon species native to the alligator (Alligator mississipiensis), we Agriculture Organization of the United United States, is listed as a threatened have determined that allowing the Nations (FAO) for advice concerning species under the Act, and population export of live alligators for the operations of regional fisheries numbers for the gulf sturgeon are establishment of breeding facilities management organizations, management estimated in the tens of thousands, a outside the United States could actually of shared fish resources, and dealing much lower population threshold. The undermine conservation efforts for with unregulated fisheries; share of the annual spawning segment alligators in this country. We have taken • Adoption of a collaborative basin- of the Caspian Sea beluga sturgeon similar approaches, in concert with the level fisheries management plan for population has increased from 14.8 range countries and CITES, in Caspian Sea sturgeon, as the basis for percent in 2001 to 20.6 percent in 2002 disallowing imports of live animals, sustainable harvest for commercial (Armstrong and Karpyuk 2003). eggs, and gametes of yacare caiman exports; Based on the best available scientific (Caiman yacare) and vicun˜ a (Vicugna • Significantly increased efforts to information, we do not believe the vicugna). Therefore, we intend to combat illegal harvest and trade; species is on the brink of extinction at evaluate aquaculture programs on a • Regulation of domestic trade; this time and does not meet the case-by-case basis through the • Establishment of further research definition of endangered under the Act. permitting procedures of 50 CFR 17.32, priorities; Many of the threats to the species to determine whether any aquaculture • Making sturgeon samples available remain, however, and will remain into program contributes to the conservation for DNA testing; the foreseeable future. Therefore, our of beluga sturgeon. • Implementation of the caviar final determination is to list the species Issue 3: Five individuals expressed labeling system (Resolution Conf. 11.13, as threatened under the Act. Under concern about potential economic now repealed and replaced by section 4(d) of the Act, regulations may effects of the listing, particularly with Resolution Conf. 12.7); and be issued when necessary and advisable regard to hindering commercial • Submission of a funding proposal to for the conservation of a threatened aquaculture. the Global Environmental Fund (GEF) or species. We intend to imminently Response: Section 4(b)(1) of the Act other donors for rehabilitation of publish a proposed 4(d) rule for beluga does not allow the Service to consider sturgeon stocks, hatcheries, and sturgeon, with conditions to further economic effects when making restocking programs, including support address the most significant threats to decisions on the listing of species as for stock assessments, marking systems, the species. endangered or threatened. identification of specimens in trade, Issue 2: Nine commentors expressed Issue 4: Six individuals were public awareness, and enforcement. the view that aquaculture promotes concerned that listing the species as Several significant goals of Stage 3 beluga sturgeon conservation, by endangered would have a negative have yet to be achieved. Conservation reducing the pressure on wild stocks. impact on their ability to import beluga actions taken under CITES to date, However, one individual from the caviar caviar, and therefore would have an however, have focused needed attention industry stated that he did not believe adverse impact on their business. on the problems facing sturgeon stocks, aquaculture could ever replace harvest Response: As noted for Issue 3, improved export documentation, helped of beluga sturgeon from the wild, and section 4(b) of the Act requires listing to increase beluga sturgeon populations, ‘‘at best [aquaculture is] only a decisions to be made solely on the basis concentrated attention on the need for complement to wild harvest.’’ Several of the best available scientific and sound hatchery and release programs in members of the aquaculture industry commercial data. Economic factors may the range countries, and initiated the and the Florida Department of not be considered. Therefore, we were lengthy process necessary to improve Agriculture and Consumer Services, prohibited from considering economic the status of all sturgeon species, Division of Aquaculture, also suggested factors when making our final listing including the beluga sturgeon. beluga sturgeon reared in aquaculture determination. Stock-assessment surveys undertaken conditions should be exempt from our Issue 5: Three individuals suggested from 2001 through the present continue final listing determination. that they will be unable to conduct to indicate an increase in beluga Response: We cannot simply exempt research on life-history parameters and sturgeon stocks in the Caspian Sea Basin captive specimens from the actual improvements of sturgeon aquaculture since the 1990s. U.S. scientists have listing of a species, although we could techniques if commercial aquaculture of been unable to replicate the survey consider such specimens as exempt beluga sturgeon and trade in beluga results given the data presented in the under the provisions of a special rule sturgeon products derived from survey reports. It is uncertain whether under section 4(d) of the Act if the aquaculture become prohibited. this is the result of incomplete data, remaining protections afforded the Response: Under section 10(a)(1)(A) translation problems, or differences in species would be necessary and of the Act, permits may be issued for the stock-assessment and analytical advisable for the conservation of the scientific purposes or to enhance the methodologies used by the Russian species. However, because demand for propagation or survival of listed species. scientists. However, we have considered beluga caviar currently exceeds the For information about permit issuance that the same survey methods that amount available from legal sources, criteria, see 50 CFR 17.22. Listing the originally alerted the scientific and this demand has resulted in over- species as threatened does not negate

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the ability to conduct scientific standardized caviar marking system, Issue 7: Two members of the U.S. research, provided the permit issuance with particular specifications for the aquaculture industry suggested that we criteria are met. Furthermore, numerous design of labels that would be applied require that a portion of profits from research studies have been and continue consistently by all Party range countries. commercial aquaculture sales be to be conducted regarding sturgeon life- Resolution Conf. 11.13 was designated for hatchery upgrades in history parameters and sturgeon culture subsequently amended and superseded beluga sturgeon range countries. Four methodology and techniques. by Resolution Conf. 12.7, Conservation representatives from beluga sturgeon Optimization of growth and survival of of and trade in sturgeons and range countries also recommended sturgeons reared in culture conditions , at COP 12 in 2002. As a using a portion of profits from the for release have been studied for years, result of these resolutions, most caviar- international trade in beluga sturgeon to particularly in the Caspian Sea region. exporting countries now label caviar rebuild aging hatcheries and construct Information and data from these studies tins destined for international trade. new facilities. Several range countries are readily available in the scientific Each sturgeon-processing facility in already depend on the international literature. Therefore, because permits each exporting country that is a CITES sturgeon trade to fund hatchery may be issued provided the issuance Party uses a label that is unique to each programs, and the commentors consider criteria are met, we do not believe that specific facility. Including the origin of it vital that additional funding be listing beluga sturgeon under the Act caviar on tin labels could be used to obtained to improve and rebuild the will negatively affect the ability to identify the origin of legal caviar in existing hatchery infrastructure for the conduct scientific investigation of trade. Periodically, the CITES conservation of beluga sturgeon beluga sturgeon life-history Secretariat issues a Notification to the populations. The Bulgarian characteristics or methods to optimize Parties to advise the Parties when a Management Authority suggested that captive culture of the species. caviar-exporting country has issued a aquaculture should be used to return Issue 6: Several individuals expressed standardized label for caviar. The beluga sturgeon populations to historic concerns about the problems associated Notification includes a depiction of the population abundance levels. with enforcing the provisions of the Act label. Copies of caviar labels are kept on Specifically, they suggested a 7-year if the species were to be listed. One file by the Office of Law Enforcement moratorium on harvest of beluga individual commented that it is (OLE) and are used to verify the product sturgeon to allow for development of impossible to visually distinguish in a shipment upon export. Shipments aquaculture. The moratorium would be between a farm-raised fish and a wild- that are found to be out of compliance followed by an introduction of gradually caught fish. Another individual with CITES documentation and labeling declining catch quotas from the wild. observed that it is impossible to requirements are refused or seized at the Other measures suggested by the determine the species composition and port of entry. Bulgarian Management Authority origin of caviar by visual inspection. The Service’s OLE uses several included: investments for hatchery Two commentors suggested a ban on methods to identify and track imports upgrades and establishment of new sales of farm-raised beluga sturgeon and exports of CITES-listed species and facilities, restocking of natural products because of the potential to populations, development of improved species listed under the Act. These launder wild-caught sturgeon as farm- artificial culture techniques, and more methods, detailed below, are currently raised fish in trade. One individual effective enforcement measures to being used for shipments of beluga commented that any controls the protect wild populations. Service might institute will likely be sturgeon because of its listing in Response: We cannot require easy to circumvent. Appendix II of CITES. These methods members of the commercial aquaculture Response: We acknowledge that it is will continue to be used for beluga industry to invest or contribute funds generally not possible to distinguish sturgeon as a threatened species under for hatchery system upgrades and new between a wild-caught sturgeon and a the Act. construction in beluga sturgeon range sturgeon that is produced in aquaculture The OLE uses a system of permits, countries. However, through the by physical examination alone. declarations, and inspections to ensure permitting system and under the 4(d) Determining the species composition compliance with regulations under rule, we hope to encourage conservation and origin of caviar in trade has long CITES and the Act for imports and actions for the species, by means of been recognized as a serious and exports of listed wildlife and wildlife economic incentives, including confounding enforcement issue. Species products. Shipments of sturgeon and hatchery production of fingerlings for identification of caviar and other paddlefish products entering or leaving restocking purposes. products requires laboratory analysis of the United States cannot be cleared by Artificial sturgeon culture has been the specimen(s) in question. However, OLE unless they are accompanied by the used to supplement wild sturgeon the Service, through the National Fish appropriate CITES documentation. All stocks in the former Soviet Union since and Wildlife Forensics Laboratory has wildlife shipments must be declared to 1959. The Soviet hatchery program the capability to identify the species OLE upon exit or entry by filing a successfully reared and released composition of caviar for enforcement ‘‘Declaration for Importation or millions of sturgeon fingerlings using purposes. Since the inclusion of all Exportation of Fish or Wildlife’’ (Form artificial culture techniques. Hatchery previously unlisted sturgeons and 3–177). This form is used to track and programs and restocking efforts were paddlefishes in the CITES Appendices, monitor all shipments of fish or wildlife curbed during the early 1990s, however, the Parties have been concerned about arriving or departing from the United due to changes in the region’s political the need to regulate and identify legal States. All shipments are subject to structure following the dissolution of caviar in trade. In 2000, at the 11th inspection at the port and must be the Soviet Union. The importance of CITES Conference of the Parties (COP cleared to ensure compliance with all hatchery programs to supplement 11), CITES Resolution Conf. 11.13, applicable regulations. All wildlife Caspian Sea sturgeon stocks was quickly Universal labeling system for the products must be shipped from a recognized, and some hatcheries are identification of caviar, was adopted to designated port for wildlife, unless prior operating once again. An average of 11.7 address this concern. The Resolution authorization has been granted to export million beluga sturgeon fingerlings have required range countries to implement a from a non-authorized port. been released into the Caspian Sea

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annually since 1996 (Armstrong and currently under way and influence the hatchery infrastructure throughout the Karpyuk 2003). Secor et al. (2000) implementation of future management Caspian Sea region. estimate that more than 90 percent of actions for the species. Summary of Factors Affecting the the current beluga sturgeon population Issue 9: Several individuals expressed Beluga Sturgeon in the Caspian Sea is of hatchery origin, concern regarding the high level of whereas Armstrong and Karpyuk (2003) illegal harvest of and trade in beluga Section 4(a)(1) of the Act (16 U.S.C. estimate a figure closer to 97 percent for sturgeon within the Caspian Sea region. 1531 et seq.) and regulations the northern Caspian Sea. Armstrong Response: Actions taken by the CITES promulgated to implement the listing (2003) notes that revenues for hatcheries Parties to reduce illegal trade in provisions of the Act (50 CFR part 424) and re-introduction programs are largely sturgeon products have proven set forth the procedures for determining derived from the legal trade in relatively successful to date. In the whether any species is an endangered or sturgeons; therefore, maintenance of United States alone, over 135 shipments threatened species. A species may be Caspian Sea sturgeon stocks is of beluga caviar have been refused since determined to be an endangered or dependent on the existence of that 1998, due to false documentation and threatened species due to one or more trade. other factors. Law enforcement agencies of the five factors described in section Issue 8: Four individuals expressed of the CITES Parties continue to detect 4(a)(1) of the Act. These factors and the opinion that conservation measures and seize illegal shipments of caviar their application to beluga sturgeon undertaken under CITES and by the upon import. Adoption of the caviar (Huso huso) are as follows: range countries should be sufficient to labeling requirement in Resolution A. The Present or Threatened conserve Caspian Sea sturgeon Conf. 12.7 instituted a method for Destruction, Modification, or populations. tracking sturgeon products from the Curtailment of Beluga Sturgeon Habitat Response: The response to Issue 1 country of origin and the processor to or Range provides a lengthy discussion of the ensure legal international trade in Natural reproduction of beluga actions taken under CITES since the sturgeon products. The Resolution has Appendix II listing of beluga sturgeon sturgeon is extremely limited and been implemented by most beluga became effective in 1998. The CITES occurs in less than 15 percent of the sturgeon range countries. listing has proven important as a species’ historic spawning habitat. However, a report from an deterrent to illegal international trade Approximately 85 percent (Secor et al. Environmental Prosecutor in and has focused law enforcement 2000) to 90 percent (Barannikova et al. Kazakhstan reveals the problems attention on illegal trade routes and 1995) of the species’ former spawning networks. Conservation of sturgeons associated with illegal harvest in the grounds have been damaged by remains a prominent issue within the region and notes that illegal harvest pollution or are no longer accessible to CITES community, and many continues to be a serious problem in a spawning sturgeon. Dams, river resolutions, recommendations, and specific region of the Caspian Sea. It is channelization, and other man-made decisions have been developed to our understanding that illegal harvest alterations of flow regimes have address wide-ranging conservation and bycatch of sturgeon in other significantly reduced the amount of issues. Actions taken to date have made fisheries remains a significant problem available sturgeon spawning habitat significant contributions to the for enforcement agencies. Provisions of throughout the species’ range. Messier conservation of sturgeon species, and our proposed 4(d) rule further address (1998) noted that the surface area of the will continue to address conservation illegal harvest of beluga sturgeon. Caspian Sea is some 169,000 square and management needs in the future. Issue 10: One individual expressed miles, yet all sturgeon species that While we recognize the important role concern that listing beluga sturgeon spawn in the Volga River utilize an area CITES has played in the improvement of under the Act will not give the United no larger than 1,000 acres (405 hectares) trade controls and other conservation States the authority required to address near the mouth of the river. measures for sturgeon conservation, a habitat loss, the most serious threat to Although the Volga River historically number of unresolved issues remain. As beluga sturgeon populations, nor will accounted for the largest number of previously noted, the conditions of the we have the authority to remediate spawning sturgeon in the Caspian Sea Paris Agreement encouraged pollution problems. Basin, the River in Kazakhstan now commitments between most of the Response: We agree that listing a is believed to contain the most suitable Caspian Sea range countries to further species with a home range outside of spawning habitat for sturgeons (Semyon the conservation of Caspian Sea U.S. borders does not provide some of Khvan, pers. comm.). The Ural River is sturgeon stocks. Stage 1 measures were the protections afforded a species by the the only major river within the Caspian completed by July 20, 2001, as required. Act. We are unable to designate critical Sea Basin that has not been dammed or Primary measures undertaken for the habitat, nor do we have the authority to otherwise modified (Khodorevskaya et completion of Stage 2 were to be impose U.S. law within another al. 1997). Recent reports indicate that finished prior to December 31, 2001, sovereign nation. However, listing habitat utilized by sturgeons for and Stage 3 actions were to be beluga sturgeon as threatened under the migration and spawning in this river implemented prior to June 20, 2002. Act can positively affect international system is threatened by siltation and Several significant goals of Stage 3 have trade and management of the species by river mouth occlusion. Armstrong not been accomplished, as of reinforcing conservation measures (2003) notes that siltation and occlusion publication of this notice. Our listing already in place. In a proposed 4(d) rule, problems are natural phenomena determination will strengthen and which we intend to publish as soon as resulting from sea-level fluctuations in promote complete implementation of possible, we will attempt to address the Caspian Sea Basin. The availability the Paris Agreement recommendations, further actions that are appropriate and of sturgeon spawning habitat has ebbed for the conservation of all Caspian Sea necessary to manage the species on a and flowed throughout historic time as sturgeon species. As the largest importer collaborative basin-wide level, enhance a result of these naturally occurring sea- of beluga sturgeon caviar, the United stock abundance, target illegal harvest level fluctuations (Armstrong 2003). States can reinforce and increase the and trade, and encourage the range Spawning runs in the Kura River in focus on conservation measures countries to address problems with the Azerbaijan have also been limited by

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siltation and occlusion of the river Furthermore, whereas spawning habitat again increased with the resumption of mouth. River mouth and channel in the Danube River system has been open-sea Caspian Sea fisheries, dredging is under way in the Kura compromised by man-made river particularly the fishery River, with the goal of increasing alterations, suitable habitat remains for (TRAFFIC/Europe 1999). Open-sea available spawning habitat (Armstrong the species’ spawning requirements. harvest heightened the risk of injury and 2003), and with the expectation that mortality of juvenile beluga sturgeon, B. Overutilization for Commercial, beluga sturgeon will once again significantly impacting future stock Recreational, Scientific, or Educational reproduce in the Kura River system. recruitment by adversely affecting entire Purposes The Volga River represents the most year classes. In 1996, the Caspian Sea extensive spawning habitat in the The international demand for caviar is range countries signed an agreement Russian Federation. It is believed that the primary factor driving prohibiting open-sea fishing, thereby beluga sturgeon no longer spawn in the overexploitation of beluga sturgeon. In protecting remaining and future Terek River (Khodorevskaya et al. 1997). 1995, the retail price for one pound of immature sturgeon stocks. Extirpation of the species from the Sea beluga caviar in the United States was Detrimental effects of the legal harvest of Azov resulted, in part, from dam US$1,000 (DeMeulenaer and Raymakers were additionally compounded by the construction on the Don and Kuban 1996); today beluga caviar sells for ever-increasing illegal harvest of the Rivers, which has blocked spawning around US$1,500 per pound on the U.S. species (CITES 1997). Illegal harvest and migrations to historic spawning grounds retail market (Petrossian 2003). trade quickly escalated during the (TRAFFIC 1998). In Iran, the Tajen and The beluga sturgeon was first listed as 1990s, again a result of the turbulence Gorganrud Rivers are available for endangered by the IUCN in 1996 (IUCN that took place during the emergence of spawning runs in the southern Caspian 2000). In an assessment by TRAFFIC market economies in the former Soviet Sea. However, the Mangil Dam on the (1999), the state of all bloc nations. The disorder of the early Sefidrud River blocks passage, and all populations was considered and mid-1990s was also responsible for spawning habitat has been destroyed ‘‘catastrophic.’’ Information provided by the lack of effective enforcement because of pollution and water the Natural Resources Defense Council, measures available in the newly extraction (TRAFFIC 1998). the Wildlife Conservation Society, and emerging nations. DeMeulenaer and Previous studies have noted that some SeaWeb (Petitioners) in the original Raymakers (1996) originally estimated 85 percent of the Black Sea’s Danube petition to list beluga sturgeon as that the illegal harvest of Caspian Sea River delta has been diked and endangered (Petitioners 2000), and in sturgeons was 6–10 times higher than dammed, resulting in substantial losses subsequent communications legal harvest. More recent assessments, of sturgeon spawning habitat (Petitioners, in litt. July 9, 2003; however, suggest the illegal trade may (Bacalbasa-Dobrovici 1997b). Harvest September 1, 2003), indicates their be some 11 times greater than the legal rates of beluga sturgeon decreased belief that the species is on the brink of market (Volkov 2001). substantially after construction of the extinction. Overutilization, coupled International and domestic demand Djerdap Dams I and II during the mid- with loss of spawning habitat, is for sturgeon caviar and meat ensures 1980s (Hensel and Holcik 1997). Annual considered one of the most significant traffickers of an extremely lucrative estimates of Danube River beluga factors precipitating the decline of market for the illegal trade in sturgeon sturgeon harvest declined from an beluga sturgeon populations (Petitioners products. Processed caviar generates average of 23 tons during the mid-1970s 2000). Rapid expansion of legal and maximum prices and is packaged in to12.7 tons in 1994, indicative of the illegal sturgeon fisheries during the small, easily smuggled containers. dams’ effects on spawning sturgeon upheaval caused by the dissolution of Organized teams of poachers use the populations (Bacalbasa-Dobrovici the Soviet Union in 1991 (Secor et al. most up-to-date equipment to efficiently 1997b). 2000) succeeded in further reducing harvest sturgeons. The British A recent study, however, suggests that beluga sturgeon populations. The Broadcasting Company (BBC) has previous estimates of decline in the absence of a central regulatory authority reported that teams utilize Black Sea Basin were inaccurate and persistent unrestricted harvest had modern satellite navigation equipment because ‘‘poor’’ fisheries statistics were swiftly placed beluga sturgeon stocks in and regularly fish in prohibited open- maintained by the Romanian fisheries imminent danger of collapse within a sea waters. Detection of the fishing administration (Suciu 2002). As part of decade. crews is difficult, and encounters a research program funded by the Global Formerly, Caspian Sea sturgeon between border guards and violators Environment Fund (GEF) and the World populations were closely regulated and often end violently (BBC 2003). Bank, a Rapid Rural Assessment (RRA) monitored by the Soviet Union and Iran, As an example of the widespread was conducted to evaluate sturgeon to ensure sustainable commercial of poaching networks in the harvest. The RRA discovered that sturgeon fisheries for the future. Caspian region and the large volume of illegal estimates of previous beluga sturgeon Sea management provisions included harvest that has been detected, this year harvest were much higher than basin-specific harvest regulations and alone a Russian poaching investigation, originally reported, after determining quotas, strict trade quotas, and stocking dubbed Putina-2003, has been that much of the catch was under- programs that have been in operation in responsible for detaining more than reported by local fishers. For instance, the former Soviet republics continually 1,500 people for violating fishing in 1997, nearly 106 tons of beluga since the late 1950s, albeit in much- regulations. However, many poachers sturgeon were harvested (Suciu 2002). reduced circumstances from the late continue to elude this poaching The study also located five potentially 1980s to the present (Secor et al. 2000). investigation and other enforcement intact spawning sites. While additional In 1967, the Soviet Union banned open- actions under way daily in the region. studies should be undertaken to confirm sea harvest of all anadromous fish During a recent broadcast of Moscow’s the findings of the RRA, the results are species in the Caspian Sea to eliminate Channel One TV, Vladimir Streltsov, promising and indicate that a larger bycatch mortality of juvenile sturgeons Deputy of the Federal Security Service’s population of beluga sturgeon may exist (Secor et al., 2000). However, with the North Caucasus Regional Border in the Danube River and Black Sea loss of the Soviet state sturgeon Directorate, stated that these arrests Basin than was previously believed. monopoly, bycatch of beluga sturgeon indicate a three-fold increase in Caspian

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Sea poaching (BBC 2003). Over 500 km The Caspian Sea range countries The estimated number of beluga of sturgeon fishing nets have been maintain that the historic decline in sturgeon in the Caspian Sea has confiscated during the Putina-2003 Caspian Sea beluga sturgeon exhibited a gradual increase since 1998, operation and were officially destroyed populations has been arrested, and in the year the beluga sturgeon was listed recently. fact, the population has increased. They in Appendix II of CITES. The percentage Hatchery programs were also further assert that the proportion of of adults, based on summer trawl impacted by the upheaval in the region reproductively mature individuals has surveys, has likewise increased. Data during the last decade. Overharvest has likewise increased (Armstrong and obtained during summer trawl surveys reduced the availability of wild Karpyuk 2003). The data used to are considered the most reliable broodstock, which has consequently determine the status of sturgeon indicators of population size because caused a decrease in hatchery populations in the Caspian Sea are beluga sturgeon do not actively migrate production and restocking programs. derived from annual stock monitoring, Hatchery infrastructure has deteriorated which involves collaborative trawl during the summer. The population in all countries except Iran, and most surveys and assessment of abundance estimates in Table 1 (below) are viewed facilities do not have sufficient and biomass of spawning stocks as conservative; they do not accurately capability to over-winter sturgeon migrating into the Volga and Ural Rivers reflect the number of beluga sturgeon broodstock. As a result, after the (Armstrong and Karpyuk 2003). present in shallow coastal waters. It is broodstock is used for reproductive According to the CITES Secretariat, this impossible to survey shallow depths purposes, it may be released or, more research has been continuously using the trawl methods employed for commonly, sold for meat to obtain funds conducted in the Caspian Sea since the survey. for hatchery operating costs. 1962 (Armstrong and Karpyuk 2003).

TABLE 1.—ESTIMATED CASPIAN SEA BELUGA STURGEON POPULATION AND PERCENTAGE OF ADULTS

Year 1998 1999 2000 2001 2002

Total Population ...... 7.6 million ...... 9.3 million ...... 5 million* ...... 9.3 million ...... 11.6 million. Percentage of adults in the northern Caspian 0% ...... 8.7% ...... 5.5%* ...... 14.8% ...... 20.6% Sea. Percentage of adults in the middle and 17.4% ...... 10.0% ...... No data collected 22.0% ...... 42.9% southern Caspian Sea. Source: Armstrong and Karpyuk 2003. * Adult estimate data collected for the northern Caspian Sea population only in 2000.

The CITES Secretariat also reports was severely overfished’’ rather than a harvest in 3 of the 5 years from which that the summer index of beluga catch population that ‘‘is currently severely data are available. Transferring live per unit effort (CPUE) has increased overfished.’’ beluga sturgeon that were captured as from 10 specimens per 100 trawls in Levels of beluga sturgeon harvest in part of the annual harvest quotas 1994 to 18 specimens per 100 trawls in tributary rivers since 1998 range from allocated in 1999, 2001, and 2002 to 2001, the highest value recorded in the one-third to one-fifth of the total hatcheries for fingerling production past 7 years (Armstrong and Karpyuk spawning fish entering the river system effectively reduced the number of adult 2003). The trend data indicate that the (see Table 2). Although Armstrong and fish that were being killed for caviar and beluga sturgeon fishery is recovering Karpyuk (2003) contend that recent meat production by more than 50 under CITES regulation, according to numbers of spawning beluga sturgeon percent. Use of adult broodstock for the CITES Secretariat. Armstrong and are higher than those in the past, the hatchery production rather than caviar Karpyuk (2003) make an emphatic historic data used for comparison are production further contributes to the distinction between the status of beluga from the period from 1961 to 1965. The sturgeon populations prior to CITES use of more recent data would be more future status of the species through the regulation and the same populations meaningful. Significantly, the number of annual production and release of post-listing. They state that current data harvested specimens held for hatchery fingerlings to augment current illustrate a population that ‘‘has been/ use is greater than 50 percent of the total population numbers in the Caspian Sea.

TABLE 2.—TOTAL HARVEST LEVELS IN CASPIAN SEA TRIBUTARY RIVERS AND PERCENT ALLOCATED FOR HATCHERY USE

Number of Number of Percent of har- Year Number of adults entering adults har- vest held for adults* rivers vested hatchery use

1998 ...... 0 6,090 2,118 41.1 1999 ...... 809,000 5,272 1,454 72.3 2000 ...... **275,000 5,355 1,182 48.4 2001 ...... 1,376,400 5,695 1,059 69.1 2002 ...... 2,389,600 5,524 1,121 61.9 Source: Armstrong and Karpyuk 2003. *Numbers based on Table 1. **Northern Caspian Sea only.

Analyses of long-term tributary indicate that natural spawning still the other population parameters monitoring data in the Volga River occurs and is on the increase, similar to presented by the Secretariat and the

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Caspian Sea range nations (Armstrong et the major hotspot for contamination is of M. leidyi was made in 1999 along the al. 2003). Annual larval sampling has Baku Bay in Azerbaijan. coast of Kazakhstan (UNISCI 2000). revealed that, within the sampling sites Analysis of the contaminant data Expansion of the species was faster than of the lower Volga River, wild beluga provided in the 2002 Sturgeon Stock that in the Black Sea; within one year sturgeon larval abundance has increased Assessment Survey suggests that several the population exploded and M. leidyi from 130,000 specimens in 1997 to 2 of the Caspian Sea sturgeon sampled was found throughout the Caspian Sea million specimens in 2002 (Armstrong during the survey had mercury Basin. Introduction of the comb jellyfish and Karpyuk 2003). concentrations that approached or has resulted in declines of kilka, a suite The data presented by the Secretariat exceeded U.S. Environmental Protection of -like pelagic . Declines and the Caspian Sea range nations Agency (EPA) criteria for human health in kilka populations have had a direct, indicate an improvement in the status of protection (USFWS in litt. 2003). negative impact on the species that feed beluga sturgeon populations. While Although existing contaminant research upon them, including beluga sturgeon concerns have been raised about the indicates that pollution is a threat to all (UNISCI 2000). accuracy of the most recent population sturgeon species, and most particularly estimates (Petitioners, Secor, in litt. beluga sturgeon, we note that this threat D. The Inadequacy of Existing 2003), the same survey methods that is not uniform throughout its range. In Regulatory Mechanisms originally alerted the scientific addition, the actual impact of some Under previous management regimes community to the decline of sturgeon contaminants on these fish is to protect immature sturgeon stocks in stocks are currently being used to indeterminate, and although they are the Caspian Sea, open-sea fishing was document increases in Caspian Sea present, it is not clear what, if any, prohibited from the 1950s through the sturgeon populations. The protections effect they are having or may have on early 1990s. After the collapse of the and improvements in management beluga sturgeon. We are also aware that Soviet Union in 1991 and the afforded the species since the CITES positive steps have been taken in the subsequent absence of controls on listing in 1998 have contributed to these development and adoption of a new commercial fisheries, a period of open- improvements. environmental treaty to protect the sea fishing was resumed during the mid- Caspian Sea. The Framework 1990s. Impacts from harvest and C. Disease or Predation Convention for the Protection of the bycatch of the mixed-stock sturgeon Decades of industrial pollution and Marine Environment of the Caspian Sea populations that occupy the open centuries of sewage effluent have is the first legally binding treaty ever waters of the Caspian Sea were degraded water quality in the Caspian developed by the Caspian Sea nations. considered detrimental to the survival Sea region. The Volga River, formerly The treaty provides a basis for regional of sturgeon species. If the open-sea responsible for the largest amount of coordination to promote conservation of fishery was allowed to continue sturgeon production annually, is the the Caspian Sea and its bio-resources, unregulated, extirpation of local stocks single major source of pollutants and address problems with habitat was a very real probability, because it draining into the Caspian Sea. Sewage destruction, pollution, and over- was impossible to determine from produced by half the Russian exploitation of fish and other marine life which specific population individual population and most of the country’s (UNEP 2003). The treaty must be ratified fish were harvested. Additionally, heavy industrial waste flow through the by all of the basin nations before it harvest might have disproportionately Volga River system (Anon. 2002). enters into force and becomes legally affected specific populations that were Disease and reproductive abnormalities binding. already vulnerable to over-exploitation associated with pollution have been A ctenophore, the American comb (D. Secor, personal communication). observed in beluga sturgeon throughout jellyfish (Mnemiopsis leidyi), was This period of unregulated harvest, with their range. A contaminant study of the introduced into the Black Sea in 1982 the bycatch of immature sturgeons, may Volga River conducted in 1990 found from the discharge of ship ballast water. have destroyed a major component of abnormalities in 100 percent of the There are no known Black Sea predators future sturgeon stocks (CITES 1997). In sturgeon eggs that were sampled (all of the comb jellyfish, and the species’ 1996, the Caspian Sea range countries sturgeon species sampled), and 100 growth has been explosive. Within 7 signed an agreement prohibiting open- percent of the embryos examined were years, the biomass of M. leidyi in the sea fishing, thereby protecting found to be non-viable (Khodorevskaya Black Sea grew to 800 million metric remaining and future immature sturgeon et al. 1997). In a 3-year study (1999– tons (Bacalbasa-Dobrovici N. 1997a). stocks. 2002) funded by the World Bank, Comb jellyfish feed on zooplankton and Iran continued to apply strict organochlorines and heavy metals were eggs, embryos, and larvae, management and enforcement measures identified as the predominant prey that are utilized by small marine to conserve beluga sturgeon, and environmental contaminants in the fishes, such as . The small persisted with a successful annual Caspian Sea. The contaminants reside in marine fishes are fed upon by the beluga sturgeon stocking program, while sediments and are also found in living piscivorous beluga sturgeon. The many profound changes were occurring organisms, such as seals, bony fish, and feeding habits of the comb jellyfish in the former Soviet States. Despite sturgeons (Padeco 2002). The northeast resulted in the complete collapse of the decreases in harvest from Iranian waters section of the Caspian Sea, in and Sea of Azov anchovy fishery in 1989. from 1995 through 2001, the Iranian around Kazakhstan, has the lowest Changes in invertebrate distribution and Government’s fisheries management levels of contaminants in the basin. faunal structure caused by M. leidyi agency, SHILAT, maintains that harvest Beluga sturgeon were found to have the have altered the prey base of Black Sea was not detrimental because of the large highest organochlorine levels of all sturgeon populations (Kovalev et al. number of fingerlings that were stocked sturgeon species, likely attributable to 1994, as cited in Bacalbasa-Dobrovici during those years (SHILAT, in litt. the species’ longevity (Padeco 2002). 1997a). The comb jellyfish has 2002). A total of 5,713,269 beluga Organochlorine contamination in expanded its range and is believed to sturgeon fingerlings were released into sturgeons is at a level where have infiltrated the Caspian Sea through the Caspian Sea from 1995 to 2001 reproductive effects may be expected the Lenin Canal that links the Don and (SHILAT, in litt. 2002). On average, (Padeco 2002). The study revealed that Volga Rivers. The first certified record fingerlings released during that time

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weighed 3–5 grams. Currently, however, detected. Between June 1998 and June 2003). CITES Decision 11.58, for the fingerlings are given a ‘‘head start’’ by 2003, OLE refused clearance of more establishment of annual harvest and increasing the age and weight at the than 135 shipments of beluga sturgeon export quotas for shared sturgeon time of stocking to 30 grams each. products into the United States. The stocks, was adopted at the 11th meeting SHILAT estimates the total number of shipments that were refused clearance of the Conference of the Parties (COP 11; adult beluga sturgeon harvested in the by OLE were seized, re-exported, or Nairobi 2000). This Decision was later Caspian Sea during 2001 was fewer than destroyed. Recognition of falsified rescinded and the recommendations 3,000 specimens from an estimated total documentation, and other investigatory previously found in the Decision population of 9.35 million beluga information gathered by enforcement became part of CITES Resolution Conf. sturgeon, and an estimated commercial agencies of the CITES Parties, was 12.7, Conservation of and trade in stock (adult fish) of 1.383 million fish instrumental in the discovery of illicit sturgeons and paddlefish. Prior to the (SHILAT, in litt. 2002). trade networks that moved illegal caviar dissolution of the Soviet Union, and Khodorevskaya (2000) and TRAFFIC through several countries. As a result of before the CITES listing, the Soviet Europe- (1999) have suggested the law enforcement investigations, Union and Iran set annual quotas for that the failure of regulatory oversight in CITES imposed trade sanctions against Caspian Sea sturgeon products and the Caspian Sea region since the the countries involved. specimens. After 1991, the former dissolution of the Soviet Union has been The CITES listing also served to Soviet Republics and Iran continued to an important factor contributing to the further engage and integrate set annual quotas for Caspian Sea rapid decline of beluga sturgeon international scientific attention on sturgeon outside the bounds of a formal populations. Recognition of the sturgeon conservation issues. Since the agreement. Since 1993, the annual share inadequacy of existing regulatory listing, a suite of sturgeon conservation of sturgeon catch for each former Soviet mechanisms prompted conservation measures have been recommended and republic has been allocated as a actions from the CITES community to undertaken by the CITES community. percentage of total harvest. The Russian address the regulatory deficiencies. A Sturgeons were included in the Review Federation is allowed 70 percent of the synopsis of significant actions taken by of Significant Trade shortly after the total catch; Kazakhstan 17.6 percent; the CITES community follows. listing became effective and provided Turkmenistan 6.3 percent; and To curtail trade in illegally obtained scientists and management authorities Azerbaijan 6.1 percent (TRAFFIC 2000). caviar, and to ensure sustainable use, with recommendations to improve the The CITES community recognized conservation, and management of wild basis for trade. If Appendix II species that illegal trade was one of the major sturgeon populations, the first are being traded at significant levels, the threats to the survival of certain significant international regulatory Significant Trade Review process is the sturgeon populations and continued to action was undertaken during COP 10 in Convention’s mechanism for evaluating undermine range countries’ efforts to 1997. At that time, all previously if the provisions of CITES are being manage their sturgeon resources on a unlisted species of Acipenseriformes adequately implemented and non- sustainable basis. Therefore, Resolution (sturgeons and paddlefishes) were listed detriment findings are being properly Conf. 10.12 (Rev.), adopted at COP 10, in Appendix II of CITES, effective April made. Remedial action can be taken, if directed the Secretariat, in consultation 1, 1998. Appendix II includes species deemed necessary. The review of all with the Animals Committee, to explore that may become threatened with Acipenseriformes commenced in 2000, development of a uniform marking extinction if trade is not regulated. and the results showed a clear pattern system for sturgeons to assist in Occasionally, species that are not of declining yields from Caspian and identification of legal caviar in trade. threatened by unregulated trade are Black Sea sturgeon populations, The Resolution stated that a marking listed in Appendix II because trade in necessitating prompt conservation system should be standardized and these species may impact other species action (Armstrong and Karpyuk 2003). specifications for label design were to be that were listed because they were likely The Significant Trade Review process generally applied. CITES Resolution to become threatened with extinction if was a catalyst for the development of Conf. 11.13, a Universal labeling system trade was not regulated. As an example, numerous critical conservation actions for the identification of caviar, was species that are similar in appearance to for sturgeons. To address and adopted at COP 11 (Resolution Conf. a listed species may also be listed to implement the conservation 11.13 has been repealed and replaced ensure complete regulation of the requirements of all sturgeon species, with Resolution Conf. 12.7: species of concern. All specimens of intergovernmental sturgeon Conservation of and trade in sturgeon Appendix II species in international management commissions were and paddlefish). Resolution Conf. 12.7 trade, including parts and products, established for the Amur River and Sea recommended harmonization of each require an export permit from the of Azov (Armstrong and Karpyuk 2003). country’s national legislation so that the country of origin. Permits are issued The Black Sea sturgeon range countries personal-effects exemption, provided for only when a positive finding can be established the Black Sea Sturgeon in Article VII of CITES, would be made that the proposed export will not Action Group (BSSAG) in 2001, and in limited to no more than 250 grams of be detrimental to the survival of the 2002, the Caspian Sea range countries caviar. species, and the specimens were legally created the Commission on Aquatic The original Resolution, and acquired. Bioresources of the Caspian Sea, also subsequent Notifications (No. 2001/075 Under CITES, trade is regulated known as the Caspian Bioresources and No. 2001/089) to clarify through a system of permits that Commission (Armstrong and Karpyuk implementation of the Resolution, requires wildlife inspections at ports of 2003). specify labeling requirements and entry. The inspection process has been The Caspian Bioresources details for primary and secondary influential in the discovery of falsified Commission is composed of containers. A non-reusable label is to be documentation accompanying illegal representatives of the Caspian Sea affixed to all primary containers and shipments of sturgeon products. nations and is currently responsible for should contain, at a minimum, the Through the inspection process, carried the allocation of sturgeon quotas to following information, in the out by OLE, numerous illegal shipments regulate and control harvest of and trade presented: the standard three-letter of sturgeon products have been in sturgeons (Armstrong and Karpyuk CITES species code; the source code of

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the caviar; the ISO two-letter code for 2002 harvest and export quotas were adopted by the Caspian Sea nations, the the country of origin; the four-digit year allocated for the range countries. Framework Convention for the of harvest; the caviar processing plant’s The final phase, Stage 3, imposed Protection of the Marine Environment of unique code (assigned by each range actions necessitating the highest level of the Caspian Sea (CPMECS), was recently country and/or processing company); cooperation between the range nations agreed to and finalized by the range and the lot identification number. of all previous stages of the Paris nations. The treaty will provide a basis CITES Notification 2001/089 noted that Agreement. The Caspian Sea range for regional coordination on the sufficient time had passed for range countries (excepting Iran) were to conservation of the Caspian Sea and its countries to implement the caviar establish a long-term survey program for biological resources. The intent of the labeling system, and recommended that sturgeons, incorporating up-to-date framers is to reverse and mitigate the importing countries should not accept technology and techniques; request environmental damage brought about by caviar shipments from exporting advice from the Food and Agriculture habitat destruction, pollution, and over- countries after December 31, 2001, Organization of the United Nations exploitation of commercial fisheries unless they were labeled in compliance (FAO) on managing regional fisheries; (UNEP 2003). The treaty must first be with Resolution Conf. 11.13. The adopt a collaborative management ratified by all Caspian Sea range nations universal labeling system protects legal system for Caspian Sea sturgeon before its entry into force, thereby exporters, assists wildlife inspectors and fisheries; significantly increase efforts to ensuring that the treaty becomes legally customs officers globally in verifying combat illegal trade and regulate binding. the contents of caviar shipments, and domestic trade; submit funding In our proposed rule of July 31, 2002 aids in the detection of illegal trade. proposals to the Global Environment (67 FR 49657), we expressed concern Fund (GEF) and other donors for that the regulatory mechanisms in place A sturgeon conservation action plan rehabilitation of sturgeon stocks; and at the time were not sufficient to protect approved during the 45th meeting of the implement the caviar labeling system and conserve the species. Currently, the CITES Standing Committee (SC 45 Doc. required by Resolution Conf. 11.13. The execution of conservation 12.2), the so-called Paris Agreement, deadline for Stage 3 actions was June recommendations, decisions, and included the most significant sturgeon 20, 2002. Several actions of the final resolutions adopted by the CITES conservation actions recommended to stage have not been completed. In community as a result of the 1998 date. The agreement listed specific particular, completion of what may be listing and the Significant Trade Review conservation measures that were to be the most important action of the entire are beginning to yield practical results. implemented by each range country in agreement, development and adoption According to the data collected and three stages. Completion of each stage of an inter-jurisdictional fisheries analyzed during the sturgeon stock- was to take place by a particular management plan for Caspian Sea assessment surveys, populations are deadline. Stage 1 required declaration of sturgeons, has yet to occur. slowly beginning to increase, and the stocks of specimens intended for export The long-term stock survey plan to be number of spawning adults has likewise that were harvested in spring 2001 by used ‘‘as the basis for future improved. Stock-assessment surveys are the northern Caspian Sea range nations. management of sturgeon stocks’’ has conducted each year, adding to the pool The countries agreed to limit exports in been established and undertaken, as of data available to make sound 2001 to the declared stocks only, recommended in SC 45 Doc. 12.2.1(e)(i). management decisions, such as the provided they did not exceed the Unfortunately, the stock survey allocation of harvest and export quotas. existing quotas, and further agreed to methodology and subsequent Finally, the CPMECS has been finalized suspend all commercial harvest for the techniques utilized for analysis of the and is awaiting ratification by the remainder of the year. Declarations of survey data have not been submitted for Caspian Sea range nations, so that stocks were submitted prior to the review by independent scientists. The additional sturgeon conservation deadline of July 20, 2001, and the CITES annual surveys conducted since 2001 measures can be undertaken on a basin- Secretariat was satisfied with the have shown increases in the Caspian wide level. declarations after completing missions Sea beluga sturgeon stock. However, to verify each country’s stock when the survey results were reviewed E. Other Natural or Man-Made Factors declaration. The agreements under Stage by three U.S. scientists, they were Affecting the Continued Existence of 2 required completion of a unable to replicate the results using the Beluga Sturgeon comprehensive survey of sturgeon data supplied in the 2002 sturgeon Cyclic changes in sea level within the stocks; a request to Interpol to analyze stock-assessment survey report. Caspian Sea have been common the illegal sturgeon trade; a study of Questions regarding the accuracy and throughout geologic time (Ivanov, 2000). enforcement needs to combat illegal precision of the survey results could be Reductions in sea level from 1970 harvest and trade, in collaboration with allayed by subjecting the survey and through 1977 adversely affected Interpol, the World Customs analysis methodologies to independent sturgeon populations because of Organization, and the CITES Secretariat; scientific review, and applying rigorous changes to biochemical regimes and and on-site inspections of each statistical analysis to the process. The faunal communities (Ivanov, 2000; country’s sturgeon management CITES Secretariat has informed us that DeMeulenaer and Raymakers, 1996). activities. Preliminary to Stage 3 was the FAO is currently reviewing the Genetic alteration and hybridization final condition: agreement on methodology used for the annual stock- of sturgeon stocks is also a serious coordinated management of Caspian Sea assessment surveys, and concern. It is postulated that the Volga- resources, including the joint allocation recommendations to improve the Don Canal, linking the Black and of harvest and export quotas for 2002. techniques and methodology will be Caspian Seas, allowed for an Stage 2 requirements were to be incorporated into subsequent surveys ‘‘avalanche’’ of genetic alteration and completed by December 31, 2002; (Armstrong 2003). A completion date for hybridization between these sturgeon failure to implement the agreement was the analysis by FAO is unknown at this populations (DeMeulenaer and to result in zero quotas for 2002. It is not time. Raymakers, 1996). Although clear if all Stage 2 requirements were As previously noted, the first legally hybridization occurs naturally, when met prior to the deadline; however, binding environmental treaty ever artificial connections are made between

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previously isolated water bodies, the with the intent of the Act. The listing Management Authority. Consequently, a rapidity with which hybridization also strengthens the measures taken by consultation with the Division of occurs is accelerated. This process can the CITES Parties to date, and affords Scientific Authority is currently impact the homogeneity of populations the species the protections of the Act. required before the Division of and further hamper recovery efforts. We will soon publish in the Proposed Management Authority can issue any In developing this rule, we have Rules section of the Federal Register a import or export permit for beluga carefully assessed the best scientific and proposal outlining regulations we deem sturgeon. Section 8(a) of the Act commercial information available necessary and advisable to provide for authorizes the provision of limited regarding the past, present, and future the conservation of the species, as financial assistance for the development threats faced by beluga sturgeon. Based provided by section 4(d) of the Act. Our and management of programs that the on this evaluation, the preferred action final determination to list the beluga Secretary of the Interior determines to is to list the beluga sturgeon as a sturgeon as threatened will become be necessary or useful for the threatened species. Although effective in 6 months. We are delaying conservation of endangered species in documentation has revealed that the the effective date of our final foreign countries. Sections 8(b) and 8(c) species has been in decline for several determination to allow for development of the Act authorize the Secretary to decades, conservation actions taken of a final 4(d) rule, with specific encourage conservation programs for since the species’ CITES Appendix-II conservation measures for beluga foreign endangered species, and to listing have resulted in increases of total sturgeon, as part of this listing decision. provide assistance for such programs, in population numbers. Loss of habitat We intend to publish a proposed 4(d) the form of personnel and the training continues to be a threat to the species; rule, as previously stated, as soon as of personnel. however, actions are being taken in possible following publication of this Sections 4(d) and 9 of the Act, and Azerbaijan and Kazakhstan to dredge rule. After a public comment period, we implementing regulations found at 50 waterways, thereby improving access to will consider publishing a final 4(d) rule CFR 17.31, (which incorporate certain former spawning grounds during to implement the final conservation provisions of 50 CFR 17.21), set forth a migration runs. Although pollution and measures developed for beluga sturgeon, series of prohibitions and exceptions other factors are impacting beluga thereby increasing the effectiveness of that generally apply to all threatened sturgeon populations, the Ural River the threatened listing. wildlife. These prohibitions, in part, continues to support a population that Available Conservation Measures make it illegal for any person subject to is not impacted by dams and has free access to remaining spawning habitat. Conservation measures provided to the jurisdiction of the United States to Important and beneficial results of the species listed as endangered or take (within U.S. territory or on the high CITES listing that have had a major threatened under the Endangered seas), import or export, ship in interstate impact on the illegal trade of beluga Species Act include recognition, commerce in the course of a commercial sturgeon include the allocation of recovery actions, requirements for activity, or sell or offer for sale in annual quotas for harvest and trade, Federal protection, and prohibitions interstate or foreign commerce any issuance of CITES export permits and against certain practices. Recognition listed species. It is also illegal to re-export certificates, caviar labeling through listing results in public possess, sell, deliver, carry, transport, or requirements, and inspections of awareness, and encourages and results ship any such wildlife that has been shipments by law enforcement agencies in conservation actions by Federal and taken illegally. Certain exceptions apply upon importation. However, illegal State governments, private agencies and to employees or agents of the Service, harvest persists and remains a serious groups, and individuals. other Federal land management threat to all sturgeon species. By its Section 7(a) of the Act, as amended, agencies, the National Marine Fisheries nature, it is impossible to accurately and as implemented by regulations at 50 Service, and State conservation agencies estimate the annual volume of illegal CFR part 402, requires Federal agencies (50 CFR 17.21(c)(3) and part 17.31(b)). harvest. However, any reduction in this to evaluate their actions within the Permits may be issued to carry out portion of the harvest will yield a United States or on the high seas with otherwise prohibited activities positive impact to beluga sturgeon respect to any species that is proposed involving threatened wildlife species populations. Attention to this specific or listed as endangered or threatened, under certain circumstances. threat is vital and we intend to address and with respect to its critical habitat, Regulations governing permits are it in the proposed 4(d) rule that we if any is being designated. However, codified at 50 CFR 17.32. With regard to intend to publish as soon as possible because the beluga sturgeon is not threatened wildlife, a permit may be following publication of this native to the United States, no critical issued for the following purposes: determination. habitat is being proposed for scientific research, enhancement of Finally, the conservation actions designation with this rule. propagation or survival, zoological taken by the CITES Parties since the With respect to the beluga sturgeon, exhibition or education, incidental Appendix-II listing in 1998 have proven no Federal activities, other than the taking, or special purposes consistent beneficial to the status of the species. issuance of CITES export permits or re- with the Act. All such permits must also Nevertheless, actions recommended export certificates, are known that be consistent with the purposes and under the Paris Agreement have not would require conferral or consultation. policy of the Act as required by section been completed, and other conservation According to CITES, Appendix-II 10(d). Such a permit will be governed measures, while in progress, also remain species need only a CITES export permit by the provisions of 50 CFR 17.32 incomplete. Benefits to beluga sturgeon or re-export certificate issued by the unless a special rule applicable to the from current and future conservation exporting country for their importation wildlife (appearing in 50 CFR 17.40 to actions may not be realized or into another country. However, because 50 CFR 17.48) provides otherwise. quantifiable for years. At this time the of its listing as threatened under the Threatened species are generally beluga sturgeon is not in immediate Act, the importation and exportation of covered by all prohibitions applicable to danger of extinction because of ongoing specimens of Huso huso presently endangered species, under 50 CFR conservation actions; however, listing require an Endangered Species Act 17.31. We may, however, develop the species as threatened is consistent permit issued by the Division of special rules if deemed necessary and

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advisable to provide for the Djazbayev, B. 2002. Report by Batyr Pirogovskii, M. I., L. I. Sokolov, and V. P. conservation of the species. Djazbayev, Atyrau Oblast Environmental Vasilev. 1989. Huso huso (Linnaeus, 1758), Prosecutor. Submitted as an attachment to pages 295–344, in Document Doc. 10.89; National Environmental Policy Act comments received from the Petitioners, Prop. 10.65. 1997 Proposal to list all September 2, 2003. 6pp. Acipenseriformes in Appendix II. Submitted We have determined that Edwards, D. and S. Doroshov. 1989. by Germany and the United States of Environmental Assessments and Appraisal of the sturgeon and seatrout America. Environmental Impact Statements, as fisheries and proposals for a rehabilitation Raspopov, V. M. 1993. Growth rate of defined under the authority of the programme. FAO Field Document I.TCP/ Caspian Sea beluga. Journal of , National Environmental Policy Act of TUR/8853. 38 pp. 33(9) 72–84. 1969, need not be prepared in Hensel, K. and J. Holcik. 1997. Past and Russian Federation, Republic of connection with regulations adopted current status of sturgeons in the upper and Kazakhstan, Azerbaijan Republic, middle Danube River. Environmental Biology pursuant to section 4(a) of the Act. A Turkmenistan, and the Islamic Republic of of Fishes, 48: 185–200. Iran. 2002. Report on Results of Complex notice outlining our reasons for this Hochleithner, M. and Gessner, J. 1999. The Interstate All-Caspian Sea Expedition on the determination was published in the Sturgeon and Paddlefishes (Acipenserformes) Assess[ment] of Sturgeon Species Stocks. 85 Federal Register on October 25, 1983 of the World: Biology and Aquaculture. pp. (48 FR 49244). AquaTech Publications. Kitzbuhl. 165 pp. Secor, D.H., V. Arefjev, A. Nikolaev, and A. IUCN. 2000. 2000 IUCN Red list of Sharov. 2000. Restoration of sturgeon: References Cited threatened animals. IUCN. Gland and lessons from the Caspian Sea Sturgeon Anon. 2002. Caspian Sea: State of the Cambridge. Ranching Programme. Fish and Fisheries, Environment. Http://global/finland.fi/ Ivanov, V. P. 2000. Biological Resources of 1:215–230. english/publications/discussion/ the Caspian Sea. KaspNIRKH, Astrakhan. 96 Speer, L., L. Lauck, E. Pikitch, S. Boa, L. envcaspi.html. pp. Dropkin, V. Spruill. 2000. Roe to ruin: The Armstrong, J.A. 2003. The current status of Jahncke, M. L., G.T. Seaborn, and T.I.J. decline of sturgeons in the Caspian Sea and beluga sturgeon (Huso huso) in the Ural River Smith. 1992. Marine Forensics Program: the road to recovery. Natural Resources (Kazakhstan). A response to the Caviar Development of a biochemical method to Defense Council, Wildlife Conservation Emptor report dated November 21, 2002. distinguish wild from cultured fish: Final Society, SeaWeb. 26pp. (www.cites.org). 10 pp. Report-National Oceanic and Atmospheric Todd, R. M. 1998. Sturgeon and Paddlefish Armstrong, J.A. and M.I. Karpyuk. 2003. Agency. Commercial Fishery in North America. in: Beluga sturgeon (Huso huso) in the Caspian Joint Columbia River Management Staff. Proceedings of the Symposium on Harvest, Sea—a response to the proposal to list beluga 2002. Joint Staff Report Concerning Trade and Conservation of North American sturgeon as endangered under the U.S. Commercial Seasons for Sturgeon and Smelt Paddlefish and Sturgeon. May 7–8, 1998. Endangered Species Act. 31 pp. in 2003. Washington Department of Fish and Chattanooga, Tennessee. TRAFFIC North Bacalbasa-Dobrovici, N. 1997a. Endangered Wildlife and Oregon Department of Fish and America/World Wildlife Fund. Pp. 42–50. migratory sturgeons of the lower Danube Wildlife. December 3, 2002. 32 pp. TRAFFIC. 2000. Huso huso: beluga sturgeon. River and its delta. Environmental Biology of Khodorevskaya, R.P. et al. 2000. Formation CITES Doc. AC.16.7.2. pp. 105–118 Fishes 48: 201–207. of the stock of the Caspian Acipenserids TRAFFIC/Europe.1999. Estimation of the Bacalbasa-Dobrovici, N. 1997b. Danube under present-day conditions. Journal of stock and population conditions of sturgeons caviar in danger. Sturgeon Quarterly 5:1–2. Ichthyology, 40(8): 602–609. in Russia and monitoring domestic trade in Barannikova, I. A., I. A. Burtsev, A. D. Jahncke, M. L., G.T. Seaborn, and T.I.J. sturgeon products. TRAFFIC Europe-Russia Vlasenko, A. D. Gershanovich, E. V. Smith. 1992. Marine Forensics Program: field investigations. 18pp. Markarov, and M. S. Chebanov. 1995. Development of a biochemical method to UNEP. 2003. Draft Framework Convention Sturgeon fisheries in Russia, pages 124–130, distinguish wild from cultured fish: Final for the Protection of the Marine Environment in Proceedings of the Second International Report. NOAA Tech. Mem. NMFS-SEFSC– of the Caspian Sea. www.un.org. Symposium on Sturgeons, September 6–11, 301, 40p. and 3 appendices. UNISCI NEWS. 2000. Predator Destroys 1993. Moscow-Kosyroma-Moscow. VNIRO Levin, A.V. 1995. The distribution and Black Sea Fishing, Moves to Caspian. Publication. migration of sturgeons in the Caspian Sea. In: Volkov, K. 2001. The Caviar Game Rules. British Broadcasting Company. 2003. Proceedings of the Sturgeon Stocks and Reuters-IUCN. 6 pp. Sturgeon Poaching in Caspian Rising Despite Caviar Trade Workshop. Federal Ministry for Russian Patrols. Channel One TV, Moscow, the Environment, Nature Conservation and Author October 25, 2003. Nuclear Safety, and the Federal Agency for Birstein, V. J., W. E. Bemis, and J. R. Nature Conservation. Bonn, Germany. The primary author of this final rule Waldman. 1997. The threatened status of Messier, M. 1998. The beluga sturgeon: is Marie T. Maltese, Division of Acipenseriformes species: A summary. caviar in danger? In TED Case Studies: Scientific Authority, U.S. Fish and Environmental Biology of Fishes, 48:427. http://www.american.edu/projects/mandala/ Wildlife Service, 4401 North Fairfax Burros, M. 2002. American caviar comes TED/STURGEON.HTM. Drive, Room 750, Arlington, Virginia into it’s own. The New York Times, Moiseev, A. 2002. Total allowable catch 22203; telephone, (703–358–1708). November 13, 2002. (TAC) estimation for sturgeon species in the CITES. 1997. Document Doc. 10.89; Prop. Caspian Sea. Management Authority for List of Subjects in 50 CFR Part 17 10.65. Proposal to list all Acipenseriformes in Sturgeon of the Russian Federation. 19pp. Appendix II. Submitted by Germany and the Padeco Co. Ltd. 2002. Executive Summary Endangered and threatened species, United States. of the Draft Final Report—The World Bank Exports, Imports, Reporting and CITES Secretariat. 2001. Sturgeons, Ecotoxicological Study: Investigation into recordkeeping requirements, significant trade and the ‘‘Paris Agreement.’’ toxic contamination accumulation and Transportation. CITES World: Official Newsletter of the related in the Caspian sturgeon, Parties, 8:1–2. seal and bony fish (ECOTOX study). The Regulation Promulgation Cortese, A. 2003. Move over beluga: World Bank. 7 pp. I American fish farms are producing caviar so Petitioners (Natural Resources Defense Accordingly, we amend part 17, good it rivals the Caspian’s best. Council, Wildlife Conservation Society, and subchapter B of chapter I, title 50 of the BusinessWeek online, SeaWeb). 2000. A petition to list beluga Code of Federal Regulations, as follows: www.businessweek.com. April 28, 2003. sturgeon (Huso huso) as an endangered DeMeulenaer, T., and C. Raymakers. 1996. species. 29 pp. PART 17—[AMENDED] Sturgeons of the Caspian Sea and the Petrossian. 2003. Petrossian Paris: international trade in caviar. TRAFFIC Exquisite food and gifts. 23 pp. I 1. The authority citation for part 17 International. 71 pp. Petrossian. 2003. www.petrossian.com. continues to read as follows:

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Authority: 16 U.S.C. 1361–1407; 16 U.S.C. I 2. Amend § 17.11(h) by adding the § 17.11 Endangered and threatened 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– following, in alphabetical order under wildlife. 625, 100 Stat. 3500; unless otherwise noted. FISHES, to the List of Endangered and * * * * * Threatened Wildlife: (h) * * *

Species popu- Historic range lation where endan- Status When listed Critical habi- Special Common name Scientific name gered or threatened tat rules

******* FISHES ...... NA

******* Sturgeon, beluga ..... Huso huso ...... Azerbaijan, Bul- Entire ...... T ...... NA ...... garia, Croatia, Czech Republic, Georgia, Hungary, Islamic Republic of Iran, Kazakhstan, Re- public of Moldova, Romania, Russian Federation, Tur- key, Turkmenistan, Ukraine, Yugo- slavia (Caspian Sea, Black Sea, Adriatic Sea, Sea of Azov, and all rivers in their wa- tersheds).

*******

Dated: March 19, 2004. Marshall P. Jones, Jr., Acting Director, Fish and Wildlife Service. [FR Doc. 04–8934 Filed 4–20–04; 8:45 am] BILLING CODE 4310–55–P

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