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Federal Register / Vol. 67, No. 147 / Wednesday, July 31, 2002 / Proposed Rules 49657

Correction of Publication to conserve all and Birstein (1997) notes that any remnant Accordingly, the publication on July in international trade. Despite beluga sturgeon population found 25, 2002 (67 FR 48599) is corrected as the CITES listing, beluga sturgeon within the Sea of Azov is maintained follows: populations have continued to decline, solely through stocking with hatchery- On page 48599, in the heading, the and the population structure is reared . The current range of the docket number is corrected to NHTSA– increasingly skewed towards sub-adult beluga sturgeon is limited to the 2002–12391. fish, with a critical lack of spawning-age Caspian and Black Seas, where until the On page 48600, in the second adult female fish. This proposal, if made 1990s, an estimated 80–90 percent of sentence in the second paragraph of the final, would extend the Act’s protection the world’s sturgeon harvest were ADDRESS section, the docket number is to this species. The Service seeks data harvested from the and corrected to NHTSA–2002–12391. and comments from the public on this lower reaches of the Volga River On page 48600, in the second proposal. (Khodorevskaya et al., 2000). Records sentence of the first paragraph of the DATES: We must receive comments and compiled during the 19th Century How Do I Prepare and Submit information from all interested parties indicated that the H. Comments? section, the docket number by October 29, 2002. Public hearing population over-wintered and spawned is corrected to NHTSA–2002–12391. requests must be received by September as far north as the Austrian and On page 48601, in item number 3. in 16, 2002. Bavarian portions of the River. the How Can I Read the Comments Beluga sturgeon are extremely ADDRESSES: Submit any comments, Submitted By Other People? section, the vulnerable to depletion due to their information, and questions by mail to docket number is corrected to NHTSA– unique life-history characteristics. The the Chief, Division of Scientific 2002–12391. species is remarkably long-lived and Authority, U.S. Fish and Wildlife slow to mature. The oldest recorded Authority: 49 U.S.C. 30111, 30117, 30168; Service, 4401 N. Fairfax Drive, Room harvested sturgeon was found to be 118 delegation of authority at 49 CFR 1.50 and 750, Arlington, Virginia 22203, or by years of age (DeMeulenaer and 501.8. fax, 703–358–2276, or by e-mail, Raymakers, 1996), and 100-year-old Issued on: July 25, 2002. [email protected]. Comments beluga sturgeon were commonly taken Roger A. Saul, and supporting information will be in the northern Caspian Sea during the Acting Associate Administrator for Safety available for public inspection, by early 20th Century (Khodorevskaya et Performance Standards. appointment, from 8 a.m. to 4 p.m. at al., 2000). However, current estimates [FR Doc. 02–19368 Filed 7–26–02; 4:30 pm] the above address. indicate that the oldest fish harvested BILLING CODE 4910–59–P FOR FURTHER INFORMATION CONTACT: are 50–55 years of age, with the average Marie Maltese at the above address, or age less than 35 years old by phone, 703–358–1708; fax, 703–358– (Khodorevskaya et al., 2000). DEPARTMENT OF THE INTERIOR 2276; or e-mail, Reproductive maturity is reached [email protected]. between 11 and 17 years Fish and Wildlife Service (Khodorevskaya et al., 1997). Male SUPPLEMENTARY INFORMATION: beluga sturgeon generally once 50 CFR Part 17 Background every 4–7 years, whereas females reproduce once every 4–8 years RIN 1018–AI 11 The beluga sturgeon (Huso huso, (Raspopov, 1993). Fecundity in adult Linnaeus, 1758), is a member of the Endangered and Threatened Wildlife females increases with age; an genus Huso, family Acipenseridae, individual fish generally produces a and Plants; Listing the Beluga , class Sturgeon (Huso huso) as Endangered greater number of eggs during each , phylum Chordata, and subsequent spawning run. Adult AGENCY: Fish and Wildlife Service, kingdom Animalia (Pirogovskii et al., females are capable of producing up to Interior. 1989). The family Acipenseriformes 12 percent of their body weight in ACTION: Proposed rule. encompasses all species of sturgeon and (DeMeulenaer and Raymakers, 1996). paddlefish, the -producing Reproductively mature females are SUMMARY: In this proposed rule, we, the considered the most economically targeted in the . Therefore, U.S. Fish and Wildlife Service (Service), valuable fish in the world. Sturgeon continuous removal of the older propose to list the beluga sturgeon have been prized for their roe and flesh segment of the population has skewed (Huso huso) as endangered pursuant to since ancient times (Bacalbasa- the current population structure the Endangered Species Act of 1973, as Dobrovici, 1997). The historic range of towards younger sub-adults, and amended (Act). The beluga sturgeon the beluga sturgeon included the removed egg-bearing individuals from inhabits the Caspian and Black Seas, Caspian Sea, Black Sea, , the population during the life stage that and spawns in the rivers that constitute Sea of Azov, and all rivers within their ensures the survival of the species the drainage basins of these seas. Loss watersheds (Khodorevskaya et al., (Khodorevskaya et al., 1997). Many of habitat throughout historic spawning 2000). Range countries include female beluga sturgeon will never reach areas due to dam construction and river- Azerbaijan, Bulgaria, Croatia, the Czech a size or age that yields peak egg modification projects, over-harvest, Republic, Georgia, Hungary, the Islamic production, and may have only widespread and illegal trade, Republic of Iran, Kazakhstan, the spawned once prior to harvest. and pollution imperil the continued Republic of Moldova, Romania, the Moreover, increased poaching and by- existence of this species. Due to the Russian Federation, Turkey, catch indiscriminately harvest juvenile threat of over-harvest, this species was Turkmenistan, Ukraine, and Yugoslavia. sturgeon, which represent a significant listed in Appendix II of the Convention The Adriatic Sea population is loss to future breeding populations. on International Trade in Endangered considered extirpated, and the last Species of Wild Fauna and Flora record of a wild-caught specimen in the The Caspian Sea Population (CITES) in 1998, when all previously Sea of Azov occurred during the mid- Khodorevskaya et al. (2000) noted unlisted Acipenseriformes were listed, 1980s (TRAFFIC/Europe, 1999). that the number of beluga sturgeon in

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the Caspian Sea was ‘‘considerably Caspian Sea sturgeon decreased during By 1835, the beluga sturgeon lower than those of other acipenserids.’’ the late 1980s, continued to decline population in the lower Danube River In 1978, the total population was during the upheaval resulting from the was also in decline. Commercial estimated at 12.1 million individuals, dissolution of the Soviet Union in 1991, landings at the beginning of the 20th with a decrease to 8.9 million and persists to the present time. The Century continued to decrease at a rapid individuals by 1994. Data from a CITES- deterioration of sturgeon stocking rate. Harvest in the lower Danube River sponsored status survey conducted in programs is attributed to (a) differing ebbed to 220 tons per year by the 1960s, 2001 yielded an estimate of 9.3 million priorities of former Soviet nations that and by 1994, the fishery was reduced to individuals in the northern and central are struggling to develop independent an average annual harvest of 12.7 tons Caspian Sea (Moiseev, 2002). This figure economies; (b) an aging hatchery (Bacalbasa-Dobrovici, 1997b). Beluga was submitted to the CITES Secretariat infrastructure throughout the region, sturgeon are listed by IUCN as by the Management Authority for and (c) the inability to procure sufficient ‘‘extirpated’’ from the upper reaches of Sturgeon of the Russian Federation. wild broodstock for beluga sturgeon the Danube River, ‘‘critically However, several U.S. culture and stocking programs. In 1995, endangered’’ in the middle reaches, and scientists believe the current calculation the number of female beluga sturgeon ‘‘vulnerable’’ in the lower Danube River of the northern and central Caspian Sea taken in the Volga River delta was (Hensel and Holcik, 1997; IUCN, 2000). beluga sturgeon population may be an considered to be insufficient to support Summary of Factors Affecting the over-estimate, because of questions hatchery production efforts (Birstein et Beluga Sturgeon raised about the methodology and data al., 1997). This trend continues, as interpretation employed in the survey Russian fisheries officials recently Section 4(a)(1) of the Act (16 U.S.C. report. Based on Soviet and Russian observed that there were few, if any, 1531 et seq.) and regulations Federation fisheries reports, the large spawning-age females available to promulgated to implement the listing absolute number of H. huso in the wild provide hatchery broodstock (TRAFFIC/ provisions of the Act (50 CFR part 424) has decreased dramatically over the past Europe, 1999). set forth the procedures for adding 30 years and continues to decline at an The World Conservation Union species to the Federal lists. A species alarming rate. (IUCN) classifies the Caspian Sea Huso may be determined to be an endangered The population structure of beluga huso population as endangered (IUCN, or threatened species due to one or more sturgeon in the Caspian Sea has also 2000). Furthermore, this species is of the five factors described in section shifted over the past 30 years, adding to designated as one whose natural 4(a)(1). These factors and their concerns regarding declines in reproduction is limited and requires application to beluga sturgeon (Huso abundance. The efficiency of natural stocking of artificially bred juveniles to huso) are as follows: spawning has decreased due to a maintain the population. Although A. The Present or Threatened smaller mean juvenile sturgeon size in hatchery releases have helped to Destruction, Modification, or the Volga River system (Khodorevskaya augment wild populations during the Curtailment of Beluga Sturgeon Habitat et al., 1997), younger mean adult age past 50 years, there is concern or Range (Khodorevskaya et al., 2000), a shift in throughout the scientific community the predominant age of spawning fish that stocking programs are only a short- Current data suggest that beluga from greater than 26 years to 11–17 term solution (Birstein, 1997). Artificial sturgeon populations are highly years, and most notably, the overall lack hatchery production is only one of depleted and natural reproduction is of available spawning-age fish many strategies required to protect and limited to a small, highly compromised (Khodorevskaya et al., 2000). During the increase levels of natural reproduction portion of the species’ historic spawning early 1970s, an estimated 25,000 of sturgeon stocks worldwide. The habitat. Approximately 85 percent Caspian Sea beluga sturgeon migrated primary goal is to implement a (Secor et al., 2000) to 90 percent up the Volga River to spawn. However, comprehensive long-term inter- (Barannikova et al., 1995) of all by the early 1990s, this estimate had jurisdictional fisheries management spawning grounds previously utilized dropped to 7,000 spawning fish plan that includes hatchery production by the Caspian Sea beluga sturgeon (Khodorevskaya et al., 2000). and allocates a shared resource in a population have been destroyed or are Additionally, the relative percentage of sustainable manner. no longer accessible for spawning runs older fish dropped from 16.9 percent because of dam construction and other The Black Sea Population during the period 1966–1970, to 3.7 river modifications. Messier (1998) percent during 1991–1995 Beluga sturgeon have been noted that the surface area of the (Khodorevskaya et al., 2000). commercially harvested in the Black Sea Caspian Sea is some 169,000 square Replacement and augmentation of for more than 2,000 years (Bacalbasa- miles, yet all sturgeon species that beluga sturgeon populations with Dobrovici, 1997b). By the mid-19th spawn in the Volga River utilize an area hatchery-produced fish has resulted in Century, harvest of beluga sturgeon no larger than 1,000 acres (405 hectares) an H. huso population in the Volga declined rapidly, particularly in the near the mouth of the river. Secor et al. River complex that is believed to consist Danube River watershed, the traditional (2000) observed that greater than 90 of 96.3 percent hatchery-reared fish spawning grounds for the Black Sea percent of the current Caspian Sea (Khodorevskaya et al., 1997). At the population. Only 16 individuals were beluga sturgeon population is believed present time, it is believed that the taken from 1857 to 1957, in the middle to be hatchery-reared progeny. Beluga Caspian Sea population is no longer and upper reaches of the Danube River sturgeon no longer spawn in Azerbaijan, naturally reproducing (Birstein, 1997; (Hensel and Holcik, 1997). The Iron and spawning is limited in the Russian Khodorevskaya et al., 1997; Gates I (Djerdap I) and Iron Gates II Federation, Turkey, the Ukraine, and Khodorevskaya et al., 2000). Intensive (Djerdap II) dams, constructed late in several rivers in Iran (DeMeulenaer and hatchery production has been used as a the 20th Century, blocked spawning Raymakers, 1996). method of supplementing and migrations, which further reduced the Dams, river channelization, and other maintaining wild stocks since the mid- remnant populations of the middle and man-made changes to flow regimes 1950s (Birstein, 1997; Secor et al., upper Danube River (Hensel and Holcik, significantly reduced the amount of 2000). However, stocking programs for 1997). available spawning habitat throughout

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sturgeon range countries. The Volga, of the dams’ effect on spawning maximum prices, and is packaged in , Kura, Terek, and Sulak Rivers are sturgeon populations (Bacalbasa- small containers that are relatively easy all segments of the species’ former Dobrovici, 1997b). The H. huso to smuggle. Although the caviar trade historic spawning range. Today, the population in the lower reaches of the has been a highly profitable economic Ural River is the only river system Danube River is considered non-self- staple in the region for centuries, it was within the Caspian Sea region that is not sustaining by international fisheries formerly conducted under a strictly dammed and continues to allow scientists. In the late 1980s, Turkish controlled monopoly in Tsarist adequate passage to historic spawning authorities located only five or six and the Soviet Union. The sturgeon areas (Khodorevskaya et al., 1997). mature females in the Coruh River, and fishery was closely monitored, Recent information suggests that an additional 20 mature females in the substantially restricted, and highly poaching may have destroyed the Ural Kizikirnak River during a quest to regulated. Program highlights included River beluga sturgeon spawning stock collect broodfish for hatchery programs specific harvest regulations, a (DeMeulenaer and Raymakers, 1996). (Edwards and Doroshov, 1989). moratorium on open-sea harvest, and a During the 1950s, all remaining stocking program that has been in effect B. Overutilization for Commercial, northern and western Caspian Sea continually from the late 1950s, albeit in Recreational, Scientific, or Educational tributaries were dammed for much-reduced circumstances since the Purposes hydroelectric power generation late 1980s (Secor et al., 2000). (DeMeulenaer and Raymakers, 1996). It Overutilization is the most significant The northern Caspian Sea sturgeon is believed that the Volga River may factor in the rapid decline of the beluga fishery declined rapidly after the sustain 6,000–8,000 beluga sturgeon of sturgeon. The expansion of legal dissolution of the Soviet Union in 1991. spawning age. Of this figure, sturgeon fisheries in former Soviet range The loss of centralized control resulted approximately 2,000 are believed to be nations after the dissolution of the in resumption of open-sea sturgeon mature females (Khodorevskaya et al., Soviet Union, and consequent disregard fisheries, rapidly escalating illegal 1997). However, construction of the of the former Soviet moratorium on harvest, a lack of effective enforcement Volgograd Dam from 1958 to 1960 harvest of open sea (Secor et measures, and reduced availability of reduced traditional spawning grounds al., 2000) have resulted in intensified wild broodstock, which sharply curtails by 88 percent (Levin, 1995). An effort and over-exploitation that hatchery production and re-stocking estimated 208,000 hectares in additional have further reduced populations programs. river systems throughout the Russian already in decline for decades. The During the 1950s, sturgeon harvest Federation have been lost as potential effects of legal harvest are further effort was reduced due to technological spawning grounds for beluga sturgeon compounded by the ever-increasing advancements ascribed to the use of due to river modifications. The illegal harvest of the species. plastic nets in the fishery. However, this spawning grounds of the Don and DeMeulenaer and Raymakers (1996) improvement for fishers proved Kuban Rivers in the Russian Federation estimated the illegal harvest at 6–10 disastrous for sturgeon because the new are no longer accessible to spawning times larger than the legal market, nets profoundly increased the number sturgeon. The Terek and Sulak Rivers, although more recent assessments put of juvenile sturgeon taken incidentally and the Sea of Azov are likewise that estimate at 11 times greater than the to targeted harvest of other Caspian Sea compromised by pollution and legal market (Volkov, 2001). Illegal species. In 1957, 1.8 million juvenile damming. These areas can no longer harvest and trade rapidly escalated sturgeon, of a total 2.6 million sturgeon sustain spawning runs of beluga during the 1990s, and continue as the harvested in the Caspian Sea, were sturgeon (Khodorevskaya et al., 1997). price of beluga sturgeon caviar rapidly taken as by-catch. By-catch of pre- In Iran, the Mangil Dam on the spirals upward. spawning-age sturgeon increased to an Sefidrud River is another barrier to The international demand for caviar is estimated 2–3 million fish by 1959– traditional spawning runs. Additionally, the primary factor driving over- 1961 (Khodorevskaya et al., 1997). In Hensel and Holcik (1997) suggested that exploitation of the beluga sturgeon. In 1967, the Soviet Union instituted a ban the Sefidrud River sturgeon spawning 1995, the retail price for one pound of in the Caspian Sea on open-sea harvest migration is also unproductive because in the United States was of all anadromous fish species, to traditional spawning areas have been $1,000.00 (DeMeulenaer and eliminate by-catch mortality of juvenile destroyed by heavy industrial pollution Raymakers, 1996); today beluga caviar sturgeon (Secor et al., 2000). However, and water extraction. sells for $1,500.00 per pound on the with the loss of the Soviet state sturgeon Approximately 85 percent of the U.S. retail market (Petrossian, 2002). monopoly, by-catch of juvenile and Black Sea’s Danube River delta has been Sturgeon are killed to collect their roe, adult beluga sturgeon is once again diked, producing over 300 reservoirs thereby removing spawning-age adults common in open-sea Caspian Sea throughout the river basin. Substantial from the population prior to spawning. fisheries, particularly the losses of sturgeon spawning habitat in In this fishery, male fish are also killed fishery (TRAFFIC/Europe, 1999). The the area have been attributed to dam because the sexes are morphometrically effect of by-catch on beluga sturgeon and reservoir construction, other man- similar and it is nearly impossible to populations has not been recently made river modifications, and increased visually distinguish a male from a quantified. However, the resumption of sand and gravel dredging (Bacalbasa- female sturgeon. Furthermore, open-sea fisheries harvest in the Dobrovici, 1997b). Beluga sturgeon were harvesting the younger segment of a Caspian Sea increases the risk of injury once abundant in the Danube River. population removes fish that may have and mortality to all juvenile and adult Harvest rates during the mid-1970s spawned only once, if at all. Therefore, sturgeon, adding to the decline in averaged 23 metric tons annually. these fish never reach the age of populations, potential changes to However, after the construction of the maximum egg production, when an already skewed population structures, Djerdap Dams I and II during the mid- individual’s contribution to the survival and a significant impact on future stock 1980s, harvest rates continued to drop of the species is greatest. recruitment. (Hensel and Holcik, 1997). By 1994, The caviar market is highly lucrative In 1970, the Caspian Sea beluga annual estimates of beluga sturgeon and involves a product that is readily sturgeon harvest was estimated at 2,800 harvest declined to12.7 tons, indicative poached, in great demand, generates tons, but by 1994, less that 300 tons

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were legally taken (Khodorevskaya et such as , and include harvesting nations of the Caspian Sea al., 1997). The most recent estimates of zooplankton, eggs, embryos, have yet to implement effective inter- yield, based on 1970s fishery data, and larvae. These fish are in turn preyed jurisdictional sturgeon management indicate that 7 kg of caviar are retrieved upon by the piscivorous beluga programs. Many stocking programs for every 100 kg of total harvest (males sturgeon. To characterize this concern, initiated during the 1950s to replenish and females; Doroshov and Binkowski, the feeding habits of the comb jellyfish sturgeon stocks have been seriously 1985, cited in Williot and Bourguignon, resulted in the complete collapse of the curtailed due to the lack of state 1991). Excepting Iran, the countries that Sea of Azov anchovy fishery in 1989. support, plant closures, an aging participate in the Caspian Sea sturgeon The changes in invertebrate distribution hatchery infrastructure with inadequate fishery are still developing an effective and faunal structure caused by M. leidyi funding for maintenance, and severely regional sturgeon management program. has had a profound influence on Black reduced production (Birstein et al., Sea sturgeon populations by altering 1997; Secor et al., 2000). Compounding C. Disease or Predation their prey base (Kovalev et al., 1994, as the deterioration of formerly successful Disease and reproductive cited in Bacalbasa-Dobrovici, 1997a). hatchery and re-introduction programs abnormalities associated with pollution in the northern and central Caspian Sea D. The Inadequacy of Existing have been observed in beluga sturgeon area, there is an absence of available Regulatory Mechanisms throughout their range. The World Bank wild mature broodstock to augment estimates that one million cubic meters Currently, harvest of beluga sturgeon wild populations and improve the of untreated industrial wastewater are is prohibited in Moldova and the genetic variability of those fish currently discharged annually into the Caspian Ukraine. It remains a commercially held in hatcheries for culture purposes Sea (U.S. Dept. of Energy, 2000). harvested species in all other range (Birstein et al., 1997; Secor et al., 2000). Contamination byproducts from fossil countries. Huso huso was listed in the Beluga sturgeon was first listed as fuel exploration, production, and Red Data Book of the Ukraine in 1992, endangered by the IUCN in 1996 (IUCN, refining, untreated sewage, agricultural so there has been no commercial harvest 2000). In an assessment by TRAFFIC runoff, and other industrial effluents in the Ukraine since that time. Most (1999), the state of all exacerbate the problem. These toxins range states require a commercial populations was considered have been associated with reproductive fishing license, although Azerbaijan did ‘‘catastrophic.’’ International abnormalities, tumors, and large fish not establish this requirement until conservation measures were taken in kills in the Caspian Sea (U.S. Dept. of 2000. Annual catch quotas are set by 1998 to address escalating concerns Energy, 2000). Azerbaijan, Bulgaria, the Czech regarding the status of Caspian Sea Large-scale muscle degeneration has Republic, Iran, Kazakhstan, Romania, sturgeon. At that time, all previously also been observed in all sturgeon the Russian Federation, and Yugoslavia. unlisted Acipenseriformes species were species inhabiting the Caspian Sea. It Iran and Turkmenistan prohibit all included in Appendix II of CITES. An has been suggested that muscular private sturgeon fisheries; the fishery is Appendix-II listing requires that all atrophy is caused by toxicosis resulting a state-controlled monopoly in these specimens of listed species, including from increasing pollution levels countries. In 1996, the Caspian Sea parts and products, must be throughout the region. Bio- range countries signed an agreement accompanied by an export permit issued accumulation of heavy metals and that would prohibit open-sea fishing, by a designated Management Authority toxins associated with pesticides in the thereby protecting immature sturgeon in the country of origin. An export muscle and organ tissue of this long- stocks. However, the agreement has permit may only be issued after two lived species is of grave concern. been difficult to enforce and large-scale findings are made: the Management Likewise, bio-accumulation of organized poaching continues. Authority must find that the hazardous wastes may be having an Despite the quotas, the agreement specimen(s) were legally acquired, and effect on the reproductive health of the banning open-sea fishing, and other the designated Scientific Authority must species. Sampling conducted during conservation measures taken by range determine that allowing the export will 1990 yielded abnormalities in 100% of countries, the sturgeon fishery not be detrimental to the survival of the the sturgeon eggs collected in the Volga continues to be exploited by each range species. River (all species were sampled), and country without adequate fishery In 2001, the results of the CITES even more alarming, 100% of the management programs that would ‘‘Review of Significant Trade’’ embryos studied were non-viable utilize the fishery as a shared resource. (Resolution Conf. 8.9 (Rev.)) prompted (Khodorevskaya et al., 1997). Hatchery- We hope that the regional management the CITES Standing Committee to reared sturgeon are not immune to program that is currently being prepared recommend, with the full agreement of disease problems. Anecdotal for submission to the CITES Secretariat the Caspian Sea nations, a plan of action information indicates that many of the in June 2002 will address the to ensure control over the trade in stocked hatchery-reared fish are blind, importance of inter-jurisdictional sturgeon products, improve law due to an eye parasite (R. St. Pierre, management of all sturgeon species, enforcement efforts, and facilitate the personal communication). including beluga sturgeon. development of regional cooperative The ctenophore, American comb Khodorevskaya (2000) and TRAFFIC management plans for all Caspian Sea jellyfish (Mnemiopsis leidyi), was Europe-Russia (1999) noted that many sturgeon species. These introduced into the Black Sea in 1982, scientists and regulators believe that the recommendations also included a 90 from dumping of ship ballast water. failure of regulatory oversight in the percent reduction of the 2001 sturgeon Given that there are no known Black Sea Caspian Sea region is an important harvest quotas, and closure of the fall predators of the comb jellyfish, its factor contributing to the rapid decline 2001 harvest season. In June 2001, the growth has been explosive. Within 7 of beluga sturgeon populations. CITES ‘‘Paris Agreement,’’ developed at years, the biomass of M. leidyi in the Although Iran continues to implement the 45th meeting of the CITES Standing Black Sea had grown to 800 million a successful annual stocking program, as Committee, required the Russian metric tons (Bacalbasa-Dobrovici, well as strict management and Federation, Azerbaijan, and Kazakhstan N.,1997a). Comb jellyfish feed on prey enforcement measures to conserve to develop a regional management and that are utilized by small marine fishes, beluga sturgeon, the remaining monitoring plan for beluga and other

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sturgeon species at risk. Turkmenistan, Resources Division; M. Parsley, without accounting for trawls that failed although not a signatory to CITES at that Research Fishery Biologist, Columbia to capture fish. He noted that a time, planned to assist in the River Research Laboratory, U.S. considerable number of tows must have development of this inter-jurisdictional Geological Survey Western Fisheries failed to capture sturgeons. Excluding management program. The Paris Research Center; R. St. Pierre, Fishery these tows from the data analysis would Agreement requires submission of the Management Biologist, U.S. Fish and result in a ‘‘gross over-estimation of N.’’ draft management plan to CITES Wildlife Service, who serves on the Consequently, an erroneous calculation authorities no later than June 30, 2002. Sturgeon Specialists Group (SSG) of The of N renders all other calculations The details of the plan’s provisions to World Conservation Union (IUCN); D. incorrect if they are based on N (M. reduce or halt stock declines, decrease Secor, Ph.D., Associate Professor, Parsley, personal communication). poaching levels, curb illegal trade, and Chesapeake Biological Laboratory; Furthermore, another variable, the rebuild spawning populations are personal communications) found the distribution area (S), was not clearly unknown at this time. Finally, the document to be lacking important data defined. Although the report listed Caspian Sea nations were directed to necessary in the formation of fishery several different estimates of area, it was conduct a comprehensive survey of stock estimations. unclear which was used as S. It is Caspian Sea sturgeon populations before These data include sampling effort, impossible to confirm the estimate of N December 31, 2001. Preliminary reports spatial and temporal distribution of without a clear definition of S, which indicate that only 28 beluga sturgeon sampling effort, number of fish taken ultimately leads to the estimate of TAC. were located during the survey, and per trawl in each specified area, and The methodology used to determine a over 75 percent of those specimens were size and age distribution of sturgeon TAC of 9–17 percent of the stock was immature fish. The final report, taken. Several reviewers questioned the also of concern, since the TAC report including an analysis of data from the derivation of the value of the fishing disclosed the quotas for the 2002 completed survey, contains sturgeon efficiency co-efficient of 0.04 that was harvest season, but did not adequately population abundance estimates and used for beluga sturgeon. This explain how TAC was derived. The has been posted on the web site of the information is an important construct natural mortality rate of the stock was CITES Secretariat. used to estimate stock abundance and used as a biological reference point total allowable catch. Calculations based (BRP) for determining abundance; Earlier this year, the Management on an incorrect fishing efficiency however, this estimate likely may be Authority for Sturgeon of the Russian coefficient have a large impact on the inflated. The TAC report assumed a Federation, representing the four former total stock estimate (Bettoli, personal natural mortality rate of 13–14 percent Soviet range states (Azerbaijan, communication). Each reviewer noted for beluga sturgeon, but Bettoli noted Kazakhstan, Russian Federation, and that, although we are given the total size that a species with a maximum lifespan Turkmenistan), submitted a document of the area sampled, and the of 50–70 years would normally be to the CITES Secretariat entitled: ‘‘Total approximate area sampled by the trawls, expected to have a natural mortality rate allowable catch (TAC) estimation for the TAC report does not list the total closer to 6–8 percent. Using an incorrect sturgeon species in the Caspian Sea.’’ number of sampling trawls made, an natural mortality rate could also lead to This document discussed the important variable used to calculate additional faulty conclusions. Bettoli methodology used to derive total fishing effort, and consequently, to also noted that natural mortality should allowable catch (TAC) limits for the determine population size. Furthermore, not be used as a BRP, because it cannot Caspian Sea sturgeon fishing stock, and although the number of sturgeon be manipulated. supports the nations’ declaration of captured was tabulated in the report, it The TAC report included no Caspian Sea sturgeon harvest quotas is impossible to interpret these data discussion of the methodology used to established for the 2002 fishing season. without information about the size or calculate gear efficiency, an important The TAC report was based on the results age of the individuals. The total number consideration when estimating of sampling conducted in the northern of trawl samples that failed to capture abundance. A lower gear efficiency for and central Caspian Sea from August 9 beluga sturgeon was unavailable, as well the 9-meter trawl for beluga, compared through September 25, 2001. Sampling as any indication that might explain the to that for other species, suggests that was undertaken as the result of a three- way in which data were utilized when the trawl was selective for sturgeon size. stage, 12-month plan of action that was calculating N, the population size. Beluga sturgeon are much larger in size produced during the 45th meeting of the A basic assumption used in and weight than the other species CITES Standing Committee. This plan calculating abundance is that fish are sampled; a 9-meter trawl would was developed to assist the Caspian Sea not evenly distributed across all habitats probably sample only smaller, non- nations in the creation of a science- in large water bodies. It is highly likely reproductive-age sturgeon. Gear based management system for the long- that, of the numerous sample trawls efficiency is a meaningful variable, term conservation and sustainable use made during the survey, many did not considering that an average gear of sturgeon (CITES Secretariat, 2001). contain beluga sturgeon. Catch variation efficiency for beluga sturgeon would The goal of the survey was to estimate was probably great, because some hauls probably, as noted above, over-estimate the abundance of each sturgeon species, may have comprised several or even abundance for small juveniles, as this the number of reproductively mature many fish, whereas others were empty. size range would be captured most individuals of each species, and the One reviewer noted that the N statistic frequently. An average gear efficiency potential size of the entire sturgeon should have been calculated would also capture few, if any, spawning stock by species (Moiseev, considering the range in variance; he reproductive-age beluga sturgeon, 2002). However, after review of the TAC observed that the actual population thereby under-estimating abundance for report, several U.S. fisheries experts (P. estimate for Caspian Sea beluga this segment of the population. Secor Bettoli Ph.D., Professor of Biology, sturgeon is very likely much lower than noted that the trawl survey should be Certified Fisheries Scientist, and the 9.3 million fish presented (R. St. used only as a method to determine Assistant Unit Leader, Tennessee Pierre, personal communication). abundance of juvenile and sub-adult Cooperative Fishery Research Unit of Another reviewer independently beluga sturgeon. If this sampling the U.S. Geological Survey-Biological confirmed the problem of determining N method were used for adult beluga

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sturgeon, the results would likely be The minimum-size limit for beluga of species in processed and packaged distorted. sturgeon is less than the average size of caviar, and export from countries that Beluga sturgeon are known for a mature adult fish. This permits take of are not beluga sturgeon range countries skewed and variable size and age sub-adult fish that have not previously is widespread. Smuggling is relatively distributions. Population structure spawned, and renders the species easy, because caviar is packaged in analyses indicate that the juvenile particularly vulnerable to recruitment small, lightweight containers, and large proportion of the species is the largest over-fishing. Beluga sturgeon are the amounts can be easily transported. proportion of the stock, and it is most sensitive of all the Caspian Sea Poaching and smuggling have been commonly held that hatchery stocking sturgeon species to over-exploitation, intensively reported in the media of maintains this segment of the due to late maturation and infrequent range nations and importing countries population. Therefore, many scientists spawning. (Evtouchenko, 1997; McDonald, 2000; believe that, without continued stocking The reviewers commended the Snyder, 2000). Confiscations have with hatchery-reared progeny, the Russian Federation for their hatchery occurred regularly in the United States. species might conceivably be extirpated and stocking programs for beluga In the Black Sea region, Turkey and throughout its range. However, the sturgeon. However, they were Georgia are among the countries that assumption that Caspian Sea beluga concerned about the efficacy of stocking report illegal harvest in their waters. In sturgeon populations are maintained due to the lack of assessment and short, there exists a lack of sufficient solely through hatchery contributions monitoring of the program. The number enforcement capability and ensuing has not been satisfactorily verified. A of fish stocked per unit area is modest, penalties for wildlife crimes. wealth of fisheries data has been and values such as the yield-to-fishery E. Other Natural or Man-Made Factors collected over the decades for the Volga, coefficient (percent survival), which Affecting the Continued Existence of Danube, and Ural River systems. might yield a greater understanding of Beluga Sturgeon However, there is a need to assess the the results of the program, were not potential contributions to the stock from included in the TAC report. Hatchery Cyclic changes in sea level within the populations living within the smaller fish are not tagged, and there is no Caspian Sea have been common tributaries of the Caspian and Black evidence of mark-recapture studies to throughout geologic time (Ivanov, 2000). Seas. At the present time, this data is validate the effort. A drop in sea level from 1970 through limited, and it is crucial that studies of Finally, the reviewers were unable to 1977 adversely affected sturgeon these populations are developed and re-create the estimates of TAC based on populations due to changes in funded. This data is vital for the limited information and biochemical regimes and the subsequent management purposes, as well as plans methodology provided (M. Parsley and changes in faunal communities (Ivanov, for future stock enhancement. These P. Bettoli, personal communication). 2000; DeMeulenaer and Raymakers, population studies must be conducted Moreover, there was concern that the 1996). Although a rise in water level to prevent the possibility of losing TAC report failed to factor in estimates between 1978 and 1989 may have had entire, and at this time relatively of illegal harvest and its impacts on a positive effect on other sturgeon unknown, population segments that population abundance and structure. species, the average weight of beluga may have a larger impact on overall The approach used in preparing the sturgeon continued to decrease from 110 stocks than previously suspected. TAC report appeared to be lacking in kg in 1970, to 57 kg in 1991 Harvest of beluga sturgeon in the requisite data, and many assumptions (Khodorevskaya et al., 1997). currently permitted open-sea fishery of were made without providing Genetic alteration and hybridization the northern and central Caspian Sea, supporting data that would allow others of sturgeon stocks is also a serious rather than abiding by the former laws to independently verify the methods concern. It is postulated that the Volga- limiting harvest to the tributaries, raises used to construct these assumptions. Don Canal, linking the Black Sea and the concern of impacts to mixed-stock The omission of variance statistics was the Caspian Sea, allowed for an populations that occupy these open of special concern to the reviewers; the ‘‘avalanche’’ of genetic alteration and waters. If this fishery is allowed to lack of these statistics is one of the hybridization between these sturgeon continue, it could lead to extirpation of many indications that the monitoring populations (DeMeulenaer and local stocks, as it is impossible to program should currently be Raymakers, 1996). Although determine from which specific characterized as experimental and in hybridization occurs naturally when population individual fish are need of further verification and artificial connections are made between harvested. Additionally, harvest could modification before it can be considered previously isolated water bodies, the disproportionately affect a population a fully effective assessment tool. rapidity with which hybridization that is already vulnerable to over- Continuing to utilize the approach used occurs is accelerated. This process can exploitation (D. Secor, personal to estimate TAC, as detailed in this impact the homogeneity of populations communication). report, would not provide for and further hamper recovery efforts. One of the most serious concerns, sustainable future harvest unless factors We have carefully assessed the best noted by all of the reviewers, was the that influence catch per unit effort scientific and commercial information absence of uncertainty, or estimate (CPUE), such as increasing fishing available regarding the past, present, variance, that should have been built efficiency, are considered. This and future threats faced by beluga into the data analysis presented in the approach could conceivably result in sturgeon in determining to propose this TAC report. The reviewers also noted collapse of the fishery (M. Parsley, rule. Based on this evaluation, the that the quotas allocated for 2002, personal communication). preferred action is to list Huso huso as particularly the quota for beluga The illegal trade in beluga sturgeon is endangered. If no action were to be sturgeon, are probably too liberal. conducted outside the confines of taken, import of beluga caviar into the The current minimum-size limits for CITES regulations. As noted previously, United States (the third-largest beluga all Russian sturgeons does not it is believed to be 6–10 times that of the caviar importing nation in the world) effectively protect the most vulnerable legal trade (DeMeulenaer and would continue. As a result, fishing life-stage, mature females, and it is Raymakers, 1996). The use of falsified effort would increase to meet market unclear how these limits were derived. documents, caviar mislabeling, mixing demand, and absolute numbers of

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available adult female fish would However, listing of beluga sturgeon as withhold their home address, which we continue to decline. The scarcity, endangered under the Act would will honor to the extent allowable by popularity, and demand for beluga require the issuance of Endangered law. In some circumstances, we may sturgeon caviar is driving a market that Species Act import and export permits also withhold a commenter’s identity, as cannot be satisfied by current supply, by DMA, and consequently a allowable by law. If you wish us to and prices during the last decade have consultation with DSA prior to the withhold your name or address, you escalated ten-fold to reflect the demand. issuance of the permit. must state this request prominently at Presently, a pound of beluga sturgeon The Act and implementing the beginning of your comment. caviar retails for about $1,500.00. The regulations set forth a series of general However, we will not consider significant profit margin resulting from prohibitions and exceptions that anonymous comments. To the extent this scarce commodity further fuels the generally apply to all endangered consistent with applicable law, we will trade. Illegal harvest and trade is wildlife. The prohibitions, codified at make all submissions from particularly attractive to fishermen in 50 CFR 17.21, in part, make it illegal for organizations or businesses, and from developing former Soviet nations that any person subject to the jurisdiction of individuals identifying themselves as can make hundreds of dollars per fish the United States to take (includes representatives or officials of and traders that realize much larger harass, harm, pursue, hunt, shoot, organizations or businesses, available profits. It is quite likely that continued wound, kill, trap, capture, or collect; or for public comment in their entirety. trade will increase the rapidity of beluga to attempt any of these), within U.S. Comments and materials received will sturgeon stock declines. Current territory or on the high seas, import or be available for public inspection, by hypotheses indicate that natural export, ship in interstate commerce in appointment, during normal business reproduction can no longer sustain wild the course of a commercial activity, or hours at the above address. beluga sturgeon populations. Indeed, sell or offer for sale in interstate or Final promulgation of the some scientists suggest that wild stocks foreign commerce any listed species. It regulation(s) on this species will take are now sustained only through also is illegal to possess, sell, deliver, into consideration the comments and inadequate hatchery production and carry, transport, or ship any such any additional information received by stocking programs. It is quite possible wildlife that has been taken illegally. the Service, and such communications that we are rapidly approaching the Certain exceptions apply to employees may lead to a final regulation that critical point were the species will no or agents of the Service, and State differs from this proposal. longer be recoverable. conservation agencies. Permits may be issued to carry out The Endangered Species Act provides Available Conservation Measures otherwise prohibited activities for one or more public hearings on this Conservation measures provided to involving endangered wildlife species proposal, if requested. Requests must be species listed as endangered or under certain circumstances. received within 45 days of the date of threatened under the Endangered Regulations governing permits are the publication of the proposal in the Species Act include recognition, codified at 50 CFR part 17.22 and 17.23. Federal Register. Such requests must be recovery actions, requirements for Such permits are available for scientific made in writing and be addressed to: Federal protection, and prohibitions research purposes, to enhance the Chief, Division of Scientific Authority, against certain practices. Recognition propagation or survival of the species, 4401 North Fairfax Drive, Room 750, through listing results in public and/or for incidental take in the course Arlington, Virginia 22203. awareness, and encourages and results of otherwise lawful activities. Peer Review in conservation actions by Federal and Requests for copies of the regulations State governments, private agencies and regarding listed wildlife and inquiries In accordance with our policy groups, and individuals. about prohibitions and permits may be published on July 1, 1994 (59 FR Section 7(a) of the Act, as amended, addressed to: Division of Scientific 34270), we will seek expert opinions of and as implemented by regulations at 50 Authority, 4401 North Fairfax Drive, at least three appropriate independent CFR part 402, requires Federal agencies Room 750, Arlington, Virginia 22203, specialists regarding this proposed rule. to evaluate their actions within the (telephone: (703) 358–1708; facsimile: The purpose of such review is to ensure United States or on the high seas with (703) 358–2276). listing decisions are based on respect to any species that is proposed scientifically sound data, assumptions, or listed as endangered or threatened, Public Comments Solicited and analysis. We will send copies of and with respect to its critical habitat, The Service intends that any final this proposed rule immediately if any is being designated. However, action resulting from this proposal will following publication in the Federal given that beluga sturgeon are not native be as accurate and as effective as Register to these peer reviewers. to the United States, no critical habitat possible. Therefore, comments or National Environmental Policy Act is being proposed for designation with suggestions from the public, other this proposed rule. concerned governmental agencies, the We have determined that With respect to the beluga sturgeon, scientific community, industry, or any Environmental Assessments and no Federal activities, other than the other interested party concerning this Environmental Impact Statements, as issuance of CITES import and export proposed rule are hereby solicited. defined under the authority of the permits, are currently required. Because Comments particularly are sought National Environmental Policy Act of the beluga sturgeon is listed in concerning biological, commercial 1969, need not be prepared in Appendix II of CITES, a finding of non- trade, or other relevant data concerning connection with regulations adopted detriment must be issued by the any threat (or lack thereof) to this pursuant to section 4(a) of the Service’s Division of Scientific species. Endangered Species Act of 1973, as Authority (DSA), and the Service’s Our practice is to make comments, amended. Division of Management Authority including names and home addresses of This rule contains no information (DMA) must make a legal acquisition respondents, available for public review collection requirements. An agency may finding, before a CITES export permit during regular business hours. not conduct or sponsor, and a person is can be issued for beluga sturgeon. Commenters may request that we not required to respond to a collection

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of information unless it displays a international trade in caviar. TRAFFIC Speer, L., L. Lauck, E. Pikitch, S. Boa, L. currently valid OMB Control Number. International. 71 pp. Dropkin, V. Spruill. 2000. Roe to ruin: The Edwards, D., and S. Doroshov. 1989. decline of sturgeons in the Caspian Sea and Clarity of This Regulation Appraisal of the sturgeon and seatrout the road to recovery. Natural Resources Executive Order 12866 requires each fisheries and proposals for a rehabilitation Defense Council, Wildlife Conservation agency to write regulations that are easy programme. FAO Field Document I.TCP/ Society, SeaWeb. 26 pp. TUR/8853. 38 pp. TRAFFIC/Europe. 1999. Estimation of the to understand. We invite your Hensel, K. and J. Holcik. 1997. Past and stock and population conditions of comments on how to make this current status of sturgeons in the upper sturgeons in Russia and monitoring proposed rule easier to understand, and middle Danube River. Environmental domestic trade in sturgeon products. including answers to questions such as Biology of Fishes. 48: 185–200. TRAFFIC Europe-Russia field the following: (1) Are the requirements IUCN. 2000. 2000 IUCN Red list of investigations. 18 pp. in the proposed rule clearly stated? (2) threatened . IUCN, Gland and Volkov, K. 2001. The Caviar Game Rules. Does the proposed rule contain Cambridge. Reuters-IUCN. 6 pp. technical language or jargon that Ivanov, Vladimir Prokofievich. 2000. Biological Resources of the Caspian Sea. The primary author of this proposed interferes with its clarity? (3) Does the KaspNIRKH, Astrakhan. 96 pp. rule is Marie T. Maltese, Division of format of the proposed rule (groupings Khodorevskaya, R.P. et al. 2000. Formation of Scientific Authority, U.S. Fish and and order of sections, use of headings, the stock of the Caspian Acipenserids Wildlife Service, 4401 North Fairfax paragraphing, etc.) aid or reduce its under present-day conditions. Journal of Drive, Room 750, Arlington, Virginia clarity? (4) Is the description of the , 40(8): 602–609. 22203; telephone, (703–358–1708). proposed rule in the ‘‘Supplementary Levin, A.V. 1995. The distribution and Information’’ section of the preamble migration of sturgeons in the Caspian Sea. List of Subjects in 50 CFR Part 17 helpful in understanding the proposed In: Proceedings of the Sturgeon Stocks and Caviar Trade Workshop. Federal Ministry Endangered and threatened species, rule? What else could we do to make the for the Environment, Nature Conservation Exports, Imports, Reporting and proposed rule easier to understand? and Nuclear Safety, and the Federal recordkeeping requirements, References Cited Agency for Nature Conservation. Bonn, Transportation. Germany. Bacalbasa-Dobrovici, N.1997a. Endangered Messier, M. 1998. The beluga sturgeon: caviar Proposed Regulation Promulgation migratory sturgeons of the lower Danube in danger? In TED Case Studies: http:// River and its delta. Environmental Biology www.american.edu/projects/mandala/ Accordingly, we hereby propose to of Fishes. 48: 201–207. TED/STURGEON.HTM. amend part 17, subchapter B of chapter Bacalbasa-Dobrovici, N. 1997b. Danube Moiseev, A. 2002. Total allowable catch I, title 50 of the Code of Federal caviar in danger. Sturgeon Quarterly, 5:1– (TAC) estimation for sturgeon species in Regulations, as set forth below: 2. the Caspian Sea. Management Authority Barannikova, I. A., I. A. Burtsev, A.D. for Sturgeon of the Russian Federation. 19 PART 17— [AMENDED] Vlasenko, A.D. Gershanovich, E.V. pp. Markarov, and M.S. Chebanov. 1995. Petrossian. 2002. http://www.petrossian.com. 1. The authority citation for Part 17 Sturgeon fisheries in Russia, pages 124– Pirogovskii, M. I., L. I. Sokolov, and V. P. continues to read as follows: 130, in Proceedings of the Second Vasilev. 1989. Huso huso (Linnaeus, 1758), International Symposium on Sturgeons, pages 295–344, in Document Doc. 10.89; Authority: 16 U.S.C. 1361–1407; 16 U.S.C. September 6–11, 1993. Moscow-Kosyroma- Prop. 10.65. 1997 Proposal to list all 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Moscow. VNIRO Publication. Acipenseriformes in Appendix II. 625, 100 Stat. 3500; unless otherwise noted. Birstein, V.J., W.E. Bemis, and J.R. Waldman. Submitted by Germany and the United 2. Section § 17.11(h) is amended by 1997. The threatened status of States of America. adding the following, in alphabetical Acipenseriformes species: A summary. Raspopov, V. M. 1993. Growth rate of Environmental Biology of Fishes, 48:427. Caspian Sea beluga. Journal of Ichthyology, order under FISHES, to the List of CITES Secretariat. 2001. Sturgeons, 33(9) 72–84. Endangered and Threatened Wildlife: significant trade and the ‘‘Paris agreement’’ Secor, D.H., V. Arefjev, A. Nikolaev, and A. § 17.11 Endangered and threatened CITES World: Official Newsletter of the Sharov. 2000. Restoration of sturgeon: wildlife. Parties, 8:1–2. lessons from the Caspian Sea Sturgeon DeMeulenaer, T., and C. Raymakers. 1996. Ranching Programme. Fish and Fisheries, * * * * * Sturgeons of the Caspian Sea and the 1:215–230. (h) * * *

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

******* FISHES

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

******* Sturgeon, beluga ..... Huso huso ...... Azerbaijan, Bul- Entire ...... E ...... NA 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: July 9, 2002. ADDRESSES: Written comments should 22 inches (35.6 and 55.9 cm) fork length Marshall P. Jones, Jr., be sent to and copies of the scoping plus an aggregate 5-fish recreational bag Acting, Director, Fish and Wildlife Service. document are available from the Gulf of limit. As a result of this finding, [FR Doc. 02–19250 Filed 7–30–02; 8:45 am] Mexico Fishery Management Council, additional measures to end BILLING CODE 4310–55–P 3018 U.S. Highway 301, North, Suite are not needed, but a plan to rebuild the 1000, Tampa, FL 33619, telephone: stock is needed. (813) 228–2815. Because NMFS has declared the stock DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: Mr. overfished, the Council is required to Peter Hood, Fishery Biologist, Gulf of rebuild the stock to a level where it is National Oceanic and Atmospheric Mexico Fishery Management Council; no longer considered overfished. Before Administration telephone: (813) 228–2815. a plan can be put into effect, management targets and thresholds that SUPPLEMENTARY INFORMATION: The the stock needs to achieve must be 50 CFR Part 622 public hearings will be convened on defined. These are: definitions for MSY, Secretarial Amendment 2 to set greater optimum yield (OY), the minimum [I.D. 071602C] amberjack SFA targets and thresholds stock size threshold (MSST) below and to set a rebuilding plan. The greater which a stock is considered to be Fisheries of the Caribbean, Gulf of amberjack resource in the Gulf of overfished, the maximum fishing Mexico, and South Atlantic; Fishery Mexico was declared overfished by mortality threshold (MFMT) above Management Plan for the Reef Fish NMFS on February 9, 2001, and was Resources of the Gulf of Mexico; which a stock is considered to be based on the 2000 greater amberjack undergoing overfishing. The proposed Secretarial Amendment 2; Public stock assessment. The results of several Hearings amendment also provides alternative analyses indicated that the stock rebuilding plans that will rebuild the biomass was below the level needed to AGENCY: National Marine Fisheries stock within 10 years or less and are Service (NMFS), National Oceanic and sustain harvest at maximum sustainable based on various rebuilding strategies. Atmospheric Administration (NOAA), yield (MSY), with the best estimate The public hearings will be held from Commerce. indicating that the stock biomass was at 7 p.m. to 10 p.m. at the following less than half the biomass needed to locations and dates. ACTION: Notice of public hearings; sustain MSY, below the minimum level 1. Tuesday, August 6, 2002: Texas request for comments. allowed under the 1998 NMFS National A&M University, CLB Building Room Standard Guidelines. However, NMFS 114, 200 Seawolf Parkway, Galveston, SUMMARY: The Gulf of Mexico Fishery concluded that overfishing is not Management Council (Council) will TX; telephone: 409–740–4736; and currently occurring due to the recent 2. Wednesday, August 7, 2002: City convene public hearings to receive implementation of management Hall Auditorium, 300 Municipal Drive, comments on the Council’s proposed measures that were not reflected in the Madeira Beach, FL; telephone: 727– Secretarial Amendment 2 to the Reef stock assessment. These measures 391–9951. Fish Fishery Management Plan included: (1) a reduction in the greater (Secretarial Amendment 2) to set greater amberjack recreational bag limit from 3 Special Accommodations amberjack Sustainable Fisheries Act to 1 fish (implemented 1997); (2) a These meetings are physically (SFA) targets and thresholds and to set commercial closed season during accessible to people with disabilities. a rebuilding plan. March, April and May (implemented Requests for sign language DATES: The public hearings will be held 1998); and (3) partial protection of interpretation or other auxiliary aids in August. See SUPPLEMENTARY misidentified juvenile greater amberjack should be directed to Anne Alford at the INFORMATION for specific dates and by establishment of a slot limit on lesser Council (see ADDRESSES) by July 30, times. amberjack/banded rudderfish of 14 and 2002.

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