Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Proposed Rules 65249

facsimile 406–449–5339. If you use a review.cfm and also at the Federal Please include sufficient information telecommunications device for the deaf eRulemaking Portal: http:// with your submission (such as scientific (TDD), call the Federal Information www.regulations.gov. Individual journal articles or other publications) to Relay Service (FIRS) at 800–877–8339. comments may be read and specific allow us to verify any scientific or SUPPLEMENTARY INFORMATION: comments may be found using the commercial information you include. Search box function at that Web site. Please note that submissions merely Background Information Requested stating support for or opposition to the On February 4, 2013, we published in action under consideration without the Federal Register a proposed rule to We will accept written comments and providing supporting information, list the distinct population segment of information during this reopened although noted, will not be considered the North American wolverine (78 FR comment period and will consider in making a determination, as section 7864) under the Endangered Species Act information and recommendations from 4(b)(1)(A) of the Act directs that of 1973, as amended (Act) (16 U.S.C. all interested parties. If you previously determinations as to whether any 1531 et seq.). The proposed rule had a submitted comments or information on species is a threatened or endangered 90-day comment period, which ended the proposed rule, please do not species must be made ‘‘solely on the May 6, 2013. During the comment resubmit them. We have incorporated basis of the best scientific and period, we received several comments them into the public record, and we will commercial data available.’’ from the public, States, and peer fully consider them in the preparation You may submit your comments and reviewers that questioned our analysis of our final determination. We intend materials concerning this proposed rule of the best available scientific that any final action resulting from this by one of the methods listed above in information that we used in the proposal be based on the best scientific ADDRESSES. We request that you send proposed rule. Specifically, some of the and commercial data available and be as comments only by the methods peer reviewers and States disagreed accurate and as effective as possible. described in ADDRESSES. with our determination that wolverines We request comments or information If you submit information via http:// are dependent on persistent late spring from the public, other concerned www.regulations.gov, your entire snow. governmental agencies, Native submission—including any personal Some commenters thought that American tribes, the scientific identifying information—will be posted wolverine distribution was not community, industry, or any other on the Web site. If your submission is restricted by access to snow dens and interested parties concerning this made via a hardcopy that includes that wolverine distribution and behavior proposed rule. We particularly seek personal identifying information, you was better explained by other comments concerning: may request at the top of your document (1) Whether wolverines are dependent hypotheses, such as the need for cold that we withhold this information from on cold and snowy conditions and places to cache food. They also public review. However, we cannot habitat that closely approximates the disagreed with our interpretation of the guarantee that we will be able to do so. area covered by snow until late spring scientific information regarding the We will post all hardcopy submissions (May 15). likely effects of climate change on on http://www.regulations.gov. wolverines in the future. Our a. Whether wolverines are dependent assessment of climate change impacts on such habitats defined by persistent Authority on wolverines used wolverines’ snow spring snow for feeding, breeding, and The authority for this action is the dependence and suitable wolverine sheltering. Endangered Species Act of 1973, as b. Whether the projected impacts of habitat and climate change models to amended (16 U.S.C. 1531 et seq.). predict future impacts of climate change climate change will result in loss of Dated: October 23, 2013. on wolverine habitat suitability. Some habitat for wolverines. of the commenters disagreed with this (2) The factors that are the basis for Stephen Guertin, assessment and suggested that if the making a listing determination for a Acting Director, U.S. Fish and Wildlife model of wolverine habitat that we used species under section 4(a) of the Act, Service. was not scientifically supported, then which are: [FR Doc. 2013–25849 Filed 10–30–13; 8:45 am] a. The present or threatened any analysis of climate change impacts BILLING CODE 4310–55–P destruction, modification, or to wolverines based on that habitat curtailment of its habitat or range; model may be flawed. Other peer b. Overutilization for commercial, DEPARTMENT OF COMMERCE reviewers were supportive of our recreational, scientific, or educational interpretations of this information and purposes; provided analyses to support their National Oceanic and Atmospheric c. Disease or predation; Administration views. d. The inadequacy of existing We are reopening the comment period regulatory mechanisms; or 50 CFR Part 224 to seek additional public comment on e. Other natural or manmade factors the proposed rule and on the issues affecting its continued existence. [Docket No. 120705210–3872–02] outlined below. To ensure the public (3) Information regarding the threats RIN 0648–XC101 has an adequate opportunity to review we identified in the proposed rule, or and comment on the new information threats to the species that we may have Endangered and Threatened Wildlife submitted to us on the proposed rule, overlooked in the proposed rule. and Plants; 12-Month Finding and we are reopening the comment period Threats we identified were: Proposed Endangered Listing of Five until the date specified above in DATES. a. Habitat loss due to climate change; Species of Sturgeons Under the We intend to issue a final determination b. Regulated trapping of wolverines Endangered Species Act on this rule by February 4, 2014. and trapping of wolverines incidental to The information provided by the peer- trapping for other species; and AGENCY: National Marine Fisheries reviewers can be found at our peer- c. Inbreeding and related genetic and Service (NMFS), National Oceanic and review Web site at http://www.fws.gov/ demographic effects of small and Atmospheric Administration (NOAA), mountain-prairie/science/peer_ isolated populations. Commerce.

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ACTION: Proposed rule; 12-month otherwise sensitive information We are responsible for determining petition finding; request for comments. submitted voluntarily by the sender will whether species are threatened or be publicly accessible. We will accept endangered under the ESA (16 U.S.C. SUMMARY: We, NMFS, have completed anonymous comments (enter ‘‘N/A’’ in 1531 et seq.). To make this comprehensive status reviews under the the required fields if you wish to remain determination, we first consider Endangered Species Act (ESA) of five anonymous). Attachments to electronic whether a group of organisms species of foreign sturgeons in response comments will be accepted in Microsoft constitutes a ‘‘species’’ under the ESA, to a petition. We have determined, Word, Excel, or Adobe PDF file formats then whether the status of the species based on the best scientific and only. qualifies it for listing as either commercial data available and after You can obtain the petition, the threatened or endangered. Section 3 of taking into account efforts being made proposed rule, and the list of references the ESA defines a ‘‘species’’ as ‘‘any to protect the species, that Acipenser electronically on our NMFS Web site at subspecies of fish or wildlife or plants, naccarii (Adriatic sturgeon), and A. http://www.nmfs.noaa.gov/pr/. and any distinct population segment of sturio (European sturgeon) in Western any species of vertebrate fish or wildlife Europe, A. sinensis (Chinese sturgeon) FOR FURTHER INFORMATION CONTACT: Dr. which interbreeds when mature.’’ in the Yangtze River basin, and A. Dwayne Meadows, NMFS, Office of Section 3 of the ESA further defines an mikadoi (Sakhalin sturgeon) and Huso Protected Resources, (301) 427–8403. endangered species as ‘‘any species dauricus (Kaluga sturgeon) in the Amur SUPPLEMENTARY INFORMATION: which is in danger of extinction River Basin/Sea of Japan/Sea of Okhotsk Background throughout all or a significant portion of region, meet the definition of its range’’ and a threatened species as endangered species. We are not On March 12, 2012, we received a proposing to designate critical habitat petition from the WildEarth Guardians one ‘‘which is likely to become an because the geographical areas occupied and Friends of Animals to list 15 endangered species within the by these species are entirely outside species of sturgeon (Acipenser foreseeable future throughout all or a U.S. jurisdiction and we have not naccarii—Adriatic sturgeon; A. sturio— significant portion of its range.’’ We identified any unoccupied areas that are European sturgeon; A. gueldenstaedtii— interpret an ‘‘endangered species’’ to be currently essential to the conservation Russian sturgeon; A. nudiventris—ship one that is presently in danger of of any of these species. We are soliciting sturgeon/bastard sturgeon/fringebarbel extinction. A ‘‘threatened species,’’ on information that may be relevant to sturgeon/spiny sturgeon/thorn sturgeon; the other hand, is not presently in these listing and critical habitat A. persicus—Persian sturgeon; A. danger of extinction, but is likely to determinations, especially on the status stellatus—stellate sturgeon/star become so in the foreseeable future (that and conservation of these species. sturgeon; A. baerii—Siberian sturgeon; is, at a later time). In other words, the primary statutory difference between a DATES: Comments on this proposed rule A. dabryanus —Yangtze sturgeon/ threatened and endangered species is must be received by December 30, 2013. Dabry’s sturgeon/river sturgeon; A. Public hearing requests must be made sinensis—Chinese sturgeon; A. the timing of when a species may be in by December 16, 2013. mikadoi—Sakhalin sturgeon; A. danger of extinction, either presently (endangered) or in the foreseeable future ADDRESSES: schrenckii—Amur sturgeon; Huso You may submit comments (threatened). Section 4(a)(1) of the ESA on this document, identified by NOAA– dauricus—Kaluga sturgeon; requires us to determine whether any NMFS–2012–0142, by any of the Pseudoscaphirhynchus fedtschenkoi— species is endangered or threatened due following methods: Syr-darya shovelnose sturgeon/Syr • Electronic Submissions: Submit all darya sturgeon; P. hermanni—dwarf to any one or a combination of the electronic public comments via the sturgeon/Little Amu-darya shovelnose/ following five threat factors: (1) The Federal eRulemaking Portal. Go to little shovelnose sturgeon/Small Amu- present or threatened destruction, www.regulations.gov/ dar shovelnose sturgeon; P. modification, or curtailment of its #!docketDetail;D=NOAA-NMFS-2012- kaufmanni—false shovelnose sturgeon/ habitat or range; (2) overutilization for 0142. click the ‘‘Comment Now’’ icon, Amu darya shovelnose sturgeon/Amu commercial, recreational, scientific, or complete the required fields, and enter darya sturgeon/big Amu darya educational purposes; (3) disease or or attach your comments. shovelnose/large Amu-dar shovelnose predation; (4) the inadequacy of existing • Fax: 301–713–4060; Attn: Dwayne sturgeon/shovelfish) as threatened or regulatory mechanisms; or (5) other Meadows. endangered under the Endangered natural or manmade factors affecting its • Mail: Submit written comments to Species Act (ESA). As a result of continued existence. We are required to Dwayne Meadows, NMFS Office of subsequent discussions between us and make listing determinations based Protected Resources (F/PR3), 1315 East the U.S. Fish and Wildlife Service solely on the best scientific and West Highway, Silver Spring, MD (FWS), we have determined that 10 of commercial data available after 20910, USA. the 15 petitioned sturgeon species are conducting a review of the species’ Instructions: You must submit not marine or anadromous and thus not status and after taking into account comments by one of the above methods within our jurisdiction; therefore, those efforts being made by any state or to ensure that we receive, document, 10 species are the responsibility of the foreign nation to protect the species. and consider them. Comments sent by FWS, which will conduct the required In making listing determinations for any other method, to any other address listing analyses. We did determine that these five species, we first determine or individual, or received after the end Acipenser naccarii, A. sturio, A. whether each petitioned species meets of the comment period may not be sinensis, A. mikadoi and Huso dauricus the ESA definition of a ‘‘species.’’ Next, considered. All comments received are are within our jurisdiction. On August using the best available information a part of the public record and will 27, 2012, we published a 90-day finding gathered during the status reviews, we generally be posted for public viewing in the Federal Register (77 FR 51767) complete an extinction risk assessment. on http://www.regulations.gov without that found that listing these five species We then assess the threats affecting the change. All personal identifying under the ESA may be warranted, and status of each species using the five information (e.g., name, address, etc.), announced the initiation of status listing factors identified in section confidential business information, or reviews for each species. 4(a)(1) of the ESA.

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Once we have determined the threats, Natural History of the Adriatic bank. Their lifespan is about 50 years. we assess efforts being made to protect Sturgeon (Acipenser naccarii) Adults usually grow to 150 centimeters with a maximum length of 200 the species to determine if these Taxonomy and Distinctive centimeters and weigh between 20 and conservation efforts are adequate to Characteristics mitigate the existing threats. We 25 kilograms. Feeding preference is for evaluate conservation efforts using the Acipenser naccarii has a moderate- worms. Little else is known about their length snout that is very broad and criteria outlined in the joint NMFS/FWS life history or life cycle. rounded at the tip. It has an interrupted Policy for Evaluating Conservation lower lip at the center of the mouth and Distribution and Abundance Efforts (PECE; 68 FR 15100; March 28, its barbels are short. The species has an Acipenser naccarii is thought to have 2003) to determine their certainty of olivaceous brown back with lighter declined by at least 80 percent over the implementation and effectiveness for flanks and a white belly. Morphological past 3 generations (Arlati et al., 2011). future or not yet fully implemented differences in scutes and the skull bones During the last few decades, the conservation efforts. Finally, we re- help distinguish A. naccarii from the abundance of A. naccarii has assess the extinction risk of each species similar A. sturio and Atlantic sturgeon, dramatically decreased as reflected by in light of the existing conservation A. oxyrinchus, which can overlap in the annual catches of 2–3 metric tons efforts. parts of their range. per year in the beginning of the 1970s Status Reviews Range and Habitat Use with only 200 kg per year of catches from 1990–1992, with no decrease in In order to complete the status Historically, A. naccarii was known to demand. In 1993, only 19 specimens occur in the Adriatic Sea ranging from reviews, we compiled information on were caught (Bronzi et al., 1994). There lagoons in Venice, Italy, to the the species biology, ecology, life history, is no longer any legal commercial coastlines and rivers of Greece (Arlati et fishery. The last known natural wild threats, and conservation status from al., 2011). It occurred in large rivers over spawning in Italy occurred in the early information contained in the petition, muddy or sandy bottoms (Arlati et al., 1980s (Arlati et al., 2011). Only a few our files, a comprehensive literature 2011). Historical records of the species fish have been caught recently, and they search, and consultation with known exist in the rivers Adige, Brenta, probably originated from stocked experts. This information is available in Bacchiglione, Livenza, Piave, population releases (Arlati et al., 2011). a status review report available on our Tagliamento, and Po (including the Po The species has been reintroduced in Web site (see ADDRESSES section). In the delta); north to Turin; at Carignano and Italy through a stocking program in rest of this section we summarize Carmagnola; in the Ticino and Adda rivers in the north central Lombardy information from that report. rivers; along the Albanian coasts; and in region since 1991, and in the rivers of Croatia, Bosnia-Herzegovina, and Sturgeon General Species Description the northeast Veneto region since 1999 Montenegro. The species was last (Arlati and Poliakova, 2009). From June recorded from Albania in 1997 in the Sturgeons are bony fishes most 1988 through April 2007, 438,633 fish Buna River (Arlati et al., 2011). It was closely related to paddlefishes and were restocked. At present, the reintroduced to Greece on one occasion bichirs. They all have cartilaginous remaining captive parents from the wild (Paschos et al., 2003), but there is no skeletons, heterocercal caudal fins stock constitute the only living Adriatic evidence that it has established a viable (upper lobe is larger than the lower sturgeons of unequivocal wild origin left population (Paschos et al., 2008). Recent lobe), one spiracle respiratory opening (Congiu et al., 2011). Evidence to research on ancient specimens suggests (like sharks), and unique ganoid scales. confirm reproduction in the wild of the species may have existed in the past In sturgeons, these ganoid scales remain these stocked fish remains lacking and up to the 1980s in the Iberian (Arlati et al., 2011). only as the five rows of bony ‘‘scutes’’ Peninsula, though this hypothesis has on the sides of the body. They all have been contested (Meadows and Coll, Population Structure a bottom-oriented mouth with four 2013). There is a landlocked population A genetic comparison between Italian barbels (sensory ‘‘whiskers’’), a flat in the Ticino River above the Isola snout and strong rounded body. and Albanian samples collected in the Serafini dam at the confluence of the Po mid-20th century showed a high level of Sturgeons have an electrosensory and Adda rivers. Adaptation of young- system similar to that in sharks, which diversification and suggested that of-the-year to brackish and marine different populations should be they use for feeding. All of these species waters is poor (McKenzie et al., 2001). considered as distinct conservation seasonally migrate into rivers to spawn. The only remaining spawning sites units (Ludwig et al., 2003). There is no They are mostly bottom-oriented feeders recently in use are at the confluences of other information on population biology that are normally generalist predators on the Po River and its tributaries (Adda, or geographical patterns in morphology, benthic prey, including various Ticino, etc.), and these sites have ecology, or biology with which to draw invertebrates and fishes, except H. dwindled to an area of occupancy of 2 conclusions or make inferences about dauricus, which is more piscivorous. less than 10 km (Arlati et al., 2011). population or DPS structure. The following section describes specific Reproduction, Feeding, and Growth aspects of the biology and ecology of the Natural History of the European five petitioned species. Information on Acipenser naccarii spawns in Sturgeon (Acipenser sturio) freshwater after a marine period of many of the species is quite sparse so growth during which it remains near the Taxonomy and Distinctive we cannot provide complete shore (at the mouths of the rivers) at Characteristics descriptions of the species’ natural depths of 10 to 40 meters (Arlati et al., Acipenser sturio is a large species that history. More details can be found in 2011). It does not enter pure marine can reach 5 to 6 meters (∼16.5 to 20 feet) Meadows and Coll (2013). waters. Between February and May, A. in length and weigh up to 1000 naccarii ascends rivers to spawn and kilograms (2,200 pounds). The species reproduction occurs between February has an elongated body with a narrow- and July in low current along the river tipped snout and a mouth that is

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interrupted at the center of the lower areas. Information on adult habitat Distribution and Abundance lip. It has an olive-black upper body and preferences in lower estuaries and the Acipenser sturio is thought to have a white belly. Recent mitochondrial ocean is sparse and qualitative. It declined by at least 90 percent over the DNA (mtDNA) evidence suggests A. appears the species is found close to past 75 years (Freyhoff et al., 2010). It sturio and A. oxyrinchus occurred in shore in the sea and is never found in was an important commercial species sympatry in the Baltic Sea and that A. waters deeper than 100–200 meters until the early 20th century, but no oxyrinchus dominated A. sturio and (Meadows and Coll, 2013). natural reproduction has been replaced it about 800–1,200 years ago Reproduction, Feeding and Growth documented in the wild since 1994 (in (Ludwig et al., 2002). Stankovic (2011) southwest France, Freyhoff et al., 2010). Acipenser sturio has probably the extended this work to show that the For the Weichsel or Vistula River in dominant species in the area of the Oder most detailed information on reproductive biology of the five Germany, archaeological remains from and Vistula River systems has been A. the first millennium indicate that up to oxyrinchus since at least the third petitioned species under NMFS’ jurisdiction. They can tolerate a wide 70 percent of the protein consumed by century B.C. Both A. sturio and A. humans derived from sturgeon oxyrinchus were present in France from range of salinities and spend most of their life in salt water (close to the (Kirschbaum and Gessner, 2000). The 3000 years B.C. (Desse-Berset, 2009; last specimen from German waters was Desse-Berset and Williot, 2011; Desse- coast), but migrate to spawn in fresh waters. Juveniles can be found both in caught in 1992 (Gessner et al., 2011). Berset, 2011). Acipenser oxyrinchus was Quantitative data document the decline present in several archaeological sites estuaries and in the sea. The in catch in the lower Elbe and Rhine on the French Atlantic coast until the reproductive phase begins later than in rivers in Germany from the late 1800s to second century A.D., in the Loire River many other sturgeons, with males 1918, when the species was in the 11th century A.D., in the Seine reproducing for the first time at 10 to 12 commercially extirpated (Meadows and River drainage between the 2nd century years and females at 14 to 18 years Coll, 2013). The species was extirpated B.C. and first half of the 17th century (Freyhoff et al., 2010), with ranges in the in Belgium by 1840 (Rosenthal et al., A.D., as well as in the Scarpe River literature of 7 to 15 for males and 8 to 2007). It was likely extirpated in the flowing into the Scheldt River (France, 22 for females (Williot et al., 2011b). Tagus River in Spain by the Middle Belgium and the Netherlands) between Maturity is reached at an earlier age in Ages (Ludwig et al., 2011). In Italy, it the 10th and 11th century A.D (Desse- southern parts of the species’ range Berset and Williot, 2011). Tiedemann et (Williot et al., 2011b). They reach sexual was historically the most common al. (2007) however provide evidence of maturity between 10 and 12 years in sturgeon in the Po River, until declining genetic introgression of A. oxyrinchus males and between 13 and 16 years in from the late 1800s to the 1950s after females and A. sturio males (which females in the Gironde system (Williot dam construction and other threats Gessner (personal communication) et al., 1997). Size at maturity varies from increased, with complete extirpation by claims to be outdated and erroneous due 90–130 cm total length (TL) in males 1987 (Bronzi et al., 2011b). A decline in to methodology). Thus the historical and 95–185 cm TL in females (Williot the Tiber River in Italy led to extirpation presence of these species in this region et al., 2011b). Reproduction likely by the 1920s (Bronzi et al., 2011b) is complex and some old records and occurs between March and July The only known potential spawning studies may have misidentified species. (depending on location) at 2-year population remaining is in the Gironde Analyses of the genetics of historical intervals for males and 3 to 4 year system of southwestern France, but the museum specimens provide evidence of intervals for females (Meadows and last wild reproduction events occurred a decline in genetic diversity in A. Coll, 2013). Spawning migration of 1000 there in 1988 and 1994 (Williot et al., sturio since 1823 (Ludwig et al., 2000). kilometers (620 miles) or more are 1997). Genetic data strongly suggest that reached during high-water years. the cohort of 1994 derives from only one Range and Habitat Use Females produce 800,000 to 2,400,000 mating pair (Ludwig et al., 2004). Acipenser sturio was historically sticky, dark eggs during a spawning Between 1951 and 1980, catches of abundant in the North Sea, the English period, with egg-laying usually done at sturgeon in the Gironde system dropped Channel, and most European coasts of a depth of 2 to 10 meters in large rivers by 94 percent, from 2,500 fish per the Atlantic Ocean, the Mediterranean or estuaries that have gravel bottoms, to decade to only 150 (Rosenthal et al., Sea and the Black Sea (Freyhoff et al., which the eggs adhere. Eggs hatch in 3– 2007; Castelnaud, 2011). The current 2010) with an almost pan-European 14 days at temperatures of 7.7 to 20°C population size is roughly estimated at distribution across river systems. It is (Rosenthal et al., 2007). Fish make the approximately 20 to 750 adults the only verified native sturgeon on the transition to the juvenile stage after (Rosenthal et al. 2007, Freyhoff et al., Iberian Peninsula (Almaca and Elvira, about 1 month (Acolas et al., 2011b). 2010) or 500 to 1,500 individuals 2000; Ludwig et al., 2009). Currently, it Juveniles make a slow descent (Kirschbaum et al., 2009). Age structure is restricted to a small population that downstream to the estuary and are of the population in the Gironde shifted breeds in the Gironde system (consisting present in the upper estuary of their significantly to smaller, younger of the Gironde estuary, and the birth rivers at 1 year of age, where they individuals between 1985 and 1992 Dordogne and Garonne rivers) in appear to congregate in areas of high (Meadows and Coll, 2013). Large southwestern France and the remnants food density. They feed on crustaceans, numbers have been stocked from of a population that last reproduced in mollusks, and especially worms; hatchery programs in the past few years the Rioni basin in Georgia in 1991 juveniles also feed on small fish (Brosse (7,000 in 2007, 80,000 in 2008, and (Meadows and Coll, 2013). et al., 2000; Brosse et al., 2011). 46,000 in 2009) (Freyhoff et al., 2010). Juvenile A. sturio in the Gironde Juveniles enter the sea after a 2- to 6- The first-generation of stocked fish (the estuary prefer habitat where important year period during which they alternate 2007 population) is expected to start prey items such as tube-dwelling movement between the sea and reproducing in 2014 (Freyhoff et al., polychaetes exist in large numbers. spending the winter in the estuary. For 2010). The survival rate of these recent Juveniles exhibit movements mainly the next 4 to 6 years, they leave the sea releases is currently unknown; however, oriented to follow the direction of the to enter the lower estuary at summer the survival rate for a previous tidal current and never use intertidal time, and return to the sea in the fall. restocking effort in 1995 was 3 to 5

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percent (Rochard et al., 1997). A Natural History of the Chinese Sturgeon been done to determine the effects of population viability analysis (PVA) (Acipenser sinensis) altered flows due to the dams on the model was recently completed for the species’ biology (reviewed in Wang et Taxonomy and Distinctive Gironde system population. The most al., 2012). Now there is just one Characteristics influential parameters affecting the remaining spawning ground, which is model output were the mean number of Acipenser sinensis is a large species situated just below the Gezhouba Dam. offspring, egg-to-age-1 natural mortality, reaching up to 5 meters (16.4 feet) in Juveniles 7 to 38 cm TL occur in the sex ratio, and the age at which females length and weighing up to 450 Yangtze River estuary from the middle reach maturity (Jaric´ et al., 2011). The kilograms (∼992 pounds). The species of April through early October (Wei et PVA did not estimate extinction risk. has gray-black coloring on its back, red- al., 1997). Acipenser sinensis feed on The model did confirm the population brown or gray coloring on its sides, and aquatic insect larvae, shrimps, has a high susceptibility to a white belly. crustaceans, and fishes. The female/ unsustainable fishing, and a slow Range and Habitat Use male sex ratio has changed from 0.79 in recovery potential, with recovery 1981–1993 to 5.9 in 2003–2004, the potentially spanning a number of Historically, A. sinensis is native to motility of sperm has decreased, and decades (Jaric´ et al., 2011). the northwest Pacific Ocean in China, intersex individuals have been observed The only other place where adult Japan, North Korea, and South Korea (Meadows and Coll, 2013). sturgeon may occur is in the Rioni River (Wei, 2010a). In China, the species system in Georgia (Kolman, 2011). This historically occurred in the Yellow, Distribution and Abundance system has never had a population size Yangtze, Pearl, Mingjiang and Qingtang The population size of A. sinensis is estimate survey conducted (Kolman, rivers, but it is now extirpated from all decreasing with an estimated 97.5 2011). Overfishing, pollution, and of these rivers except for the middle and percent decline in the spawning habitat destruction (dam construction lower reaches of the Yangtze (Wei, population over a 37-year period, from on the spawning site) are all cited as 2010a). At sea, A. sinensis occurs close ∼100,000 in the 1970s to ∼2,200 causes of their decline in the system to the shores of the Yellow and East individuals (95 percent confidence (Kolman, 2011). The last documented China seas. Wang et al. (2012) report on interval of 946 to 4,169) in the early reproduction there was in 1991 acoustic tagging that showed spawning 1980s (Wei, 2010a). The species was a (Rosenthal et al., 2007), though a few migrations of Chinese sturgeon occurred major commercial fishery resource in individual fish of 1.2 to 1.75 m length between June and October in the the 1960s, but by the end of the 1970s were occasionally caught between 2002 remaining accessible parts of the yearly catch had declined to 500 fish and 2008 (Kolman, 2011). It was listed Yangtze River. They showed that (Wei, 2010a). Recent surveys between as endangered in the Georgian Red Book females left the spawning ground within 2005 and 2007 show the total spawning of Endangered Species in 1967 (Kolman, hours, but males remained for anywhere population to be 203–257 individuals 2011). from 2.5 to 148 days. (Wei, 2010a; Xiao and Duan, 2011). The Reproduction, Feeding and Growth estimated numbers of eggs spawned Population Structure annually sharply declined between 1997 Debus (1999) found some differences Acipenser sinensis juveniles live in and 2003; the estimates were 35.5 in the bony plates of A. sturio from the estuaries and near coastlines and million in 1997, 2.2 million in 2003, Gironde system and the Rioni River, but migrate upriver when they become and about 2 million per year between concluded that only one species is sexually mature (Wei, 2010a). Males 2006 and 2008 (Xiao and Duan, 2011). present in European waters. Other reach sexual maturity at 8 to 18 years of Between 1983 and 2007, more than 9 studies considered evidence of intra- age and females at 13 to 28 years of age million hatchery raised juveniles and interspecific genetic variation, and (Wei et al., 1997). Maximum age of (including larvae) were released into the some have suggested subspecies exist, reproduction is 35. Adults reach the Yangtze River to increase population but the current consensus is that there mouth of the Yangtze River between numbers, but the contribution of these is not enough evidence to support June and July and reach the middle of releases to wild stocks is considered to distinct subspecies of A. sturio (Holcik the river in September or October, be less than 10 percent (Yang et al., et al., 1989; Ludwig et al., 2000). where they then spawn and overwinter 2005; Wei, 2010a). Similarly, there is morphological (Wei et al., 1997; Wei, 2010a). Spawning In the Pearl River, the two spawning variability that has led some to suggest usually occurs at night in October or areas stopped being used in the late a Baltic subspecies (Artyukhin and November at water temperatures of 15 to 1970s as a result of the stock decline Vecsei, 1999), but these suggestions 20 °C in substrates the size of coarse (Zhang, 1987). A study sampling fish have also not been widely accepted by gravel to 20–50 cm boulders at depths larvae from 2006 through 2008 failed to the scientific community. Holcik (2000) of 8 to 26m in current velocities near collect any Chinese sturgeon larvae discusses the possible occurrence of 9 to 1m/s (Meadows and Coll, 2013). The among the 614,000 fish larvae collected 12 historical populations, and Elivra larvae hatch after 4 to 6 days at 16.5 to (Tan et al., 2010). Liao et al. (1989) also and Almodovar (2000) studied 18 °C and juveniles remain in the river document the lack of the species in the morphometric and meristic variation for a year before migrating to the sea. Pearl River. and found some evidence of four Before the Gezhouba Dam was Gao et al. (2009) conducted a populations. There is no other constructed on the Yangtze River in VORTEX PVA model to estimate the information on population biology or 1981, the migration distance for A. sustainability of the population and to geographical patterns in morphology, sinensis was as long as 2,500 to 3,300 quantify the efficiency of current and ecology, or biology with which to draw kilometers (Wei et al., 1997, Wei, proposed conservation procedures. The conclusions or make inferences about 2010a). The Three Gorges Dam was most likely models predicted the population or DPS structure in this completed in 2003 upstream of the observed decline of Chinese sturgeon species. Based on the above, and the Gezhouba dam, but affects the resulting from the effect of the limited current distribution of the downstream water conditions and Gezhouba Dam and also predicted species, we conclude that no subspecies hydrograph. Considerable future declines for the species. The or DPS designations are warranted. hydrodynamic modeling and testing has model simulations also demonstrated

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that the current restocking program is though at least one mature female was inferences about population or DPS not sufficient to sustain or improve the caught in Bay Viyakhtu near the structure in this species. status of this species, as the capture and settlement of Trambus in the summer of Natural History of the Kaluga Sturgeon handling mortality of the artificial 2010, and a mature male was caught in (Huso dauricus) reproduction program induces the loss the Viyakhtu River in 2011 (Koshelev et of more wild mature adults than the al., 2012). Taxonomy and Distinctive recruitment expected by the artificial Reproduction, Feeding and Growth Characteristics reproduction. Thus stocking programs Huso dauricus is one of the world’s intended to help the species can have a Acipenser mikadoi lives in higher salinity waters than other sturgeon largest freshwater fishes, with mature net negative effect. individuals exceeding 5.6 meters in within its range. It has an estimated ∼ Population Structure generation length of 15 years and length ( 18.4 feet) and 1 ton in weight. It has a crescent-shaped mouth with flat Besides uncertainty about the reaches maturity between 8 to 10 years barbels. The species has gray-green to taxonomic status of the Pearl and of age. They spawn in June through July black coloring on its back and a Chinese River populations (Billard and in the Tumnin River, and in April and yellowish green-white belly. This Lecointre, 2001), there is no information May in the rivers of Hokkaido, Japan species is more piscivorous than the on population biology or geographical (Mugue, 2010), with migration occurring other sturgeons considered herein, and patterns in morphology, ecology, or once individuals reach 135cm total as a result, it has the ability to project biology with which to draw conclusions length (Koshelev et al., 2012). Spawning its jaws further in front of its mouth to or make inferences about DPS structure occurs at water temperatures of 7.2 to ° help catch prey. in this species. 11.5 C, and juveniles migrate to the sea in the fall of the same year they hatched Range and Habitat Use Natural History of the Sakhalin (Birstein, 1993). Estuaries are thought to Sturgeon (Acipenser mikadoi) be the nursery grounds for the species Huso dauricus historically inhabited (Paul, 2007a). The species feeds mainly the lower two-thirds of the Amur River Taxonomy and Distinctive of Russia and China from its estuary to Characteristics on shrimp, crabs, worms, amphipods, isopods, sand lances, and other fishes. its uppermost sections and tributaries, Acipenser mikadoi, like A. naccarii including the Shilka, Onon, Argun, has a lower lip that is split down the Distribution and Abundance Nerch, Sungari, Nonni, Ussuri, and middle and four barbels that are nearer The population size of A. mikadoi is Neijian rivers (Ruban and Wei, 2010). It to the mouth than the tip of its snout. decreasing and has been declining over inhabited all types of benthic habitats in They can grow up to 2.5 meters (8.2 the past century (Mugue, 2010). the large river and lakes of the Amur feet) in length and weigh up to 150 Anecdotal reports note that the species River basin (Ruban and Wei, 2010). All kilograms (∼330 pounds). It has olive to ‘‘was common in the fish markets of we know of current marine range is that dark green coloring on its back and a Japan in the 1950s and now only a few young individuals appear in the Sea of yellowish green-white belly, with an specimens are found per year’’ (Mugue, Okhotsk and the Sea of Japan. olive-green stripe on its side between 2010). Erickson (2005) summarizes Reproduction, Feeding and Growth the lateral and ventral scutes. Its status information on the species in the separation from North American green Tumnin River until 2003. The most Huso dauricus is a semi-anadromous sturgeon, A. medirostris, was recently recent population estimates range from species, spending some of its life in salt reaffirmed by Vasil’eva et al. (2009). 10 to 30 adults entering the Tumnin water but most of its life in freshwater (Ruban and Wei, 2010). Young enter the Range and Habitat Use River to spawn annually, with only three specimens caught in 2005, and Sea of Okhotsk during the summer. The Historically, A. mikadoi is native to two in 2008. These few specimens were species has a generation length of 20 or the northwest Pacific Ocean in Japan used to establish aquaculture stocks more years and a spawning interval of and Russia, with an uncertain presence (Mugue, 2010). Koshelev et al. (2012) 4 to 5 years for females and 3 to 4 years in China, South Korea, and North Korea report catches of 17 individuals in the for males (Ruban and Wei, 2010). (Meadows and Coll, 2013). During Tumnin River and Datta Bay from 2006– Females mature at 14 to 23 years of age spawning migration, the species 2008. Recent seine fish surveys in the and males mature at 14 to 21 years of historically ascended Russian coastal Tumnin River during the past 2 years age (Meadows and Coll, 2013). rivers (the Suchan, Adzemi, Koppi, have not caught this species Spawning occurs from May through July Tumnin, Viakhtu, and Tym Rivers) and (Zolotukhin, 2012). Five to 10 Sakhalin at water temperatures of 12–20 °C, over the Ishikari and Teshio Rivers of Japan sturgeon are caught annually in the pebble deposits in calm waters of the (Shmigirlov et al., 2007; Mugue, 2010). Amur River estuary where they were main riverbed in depths of 2–3m (Wei It was also known from the mouths of introduced (Krythkin and Svirskii, et al., 1997, Billard and Lecointre, small rivers of the Asian Far East and 1997c). The species is now listed as 2001). Spawning is documented from Korean Peninsula, as well as the Amur extinct in the Hokkaido Red Data Book many sites, but not the Songhuajiang River, and rivers of the Sakhalin Island in Japan (Omoto et al., 2004). and Wusulijiang rivers (Wei et al., (Meadows and Coll, 2013). Currently, it 1997). Fecundity is from 3,200 to 15,000 is found throughout the Sea of Okhotsk, Population Structure eggs/kg body weight and has declined in the Sea of Japan as far east as the Spawning is earlier in the rivers of over time (Meadows and Coll, 2013). eastern shore of Hokkaido (Japan), along Hokkaido than the Tumnin River, but it Downstream migration begins almost the Asian coast as far south as Wonsan is unknown if this is simply an effect of immediately after hatching. Kaluga (North Korea), and to the Bering Strait environmental conditions or reflects consume mostly invertebrates in the on the coast of the Kamchatka Peninsula underlying population structure. There first year of life, later becoming more (Shmigirlov et al., 2007; Mugue, 2010). is no other information on population predatory and less bottom oriented than It spawns persistently only in the biology or geographical patterns in most other sturgeon, switching to Tumnin River in the Khabarovsk Region morphology, ecology, or biology with juveniles of pelagic fishes such as chum in Russia (Shmigirlov et al., 2007), which to draw conclusions or make salmon, Oncorhynchus keta (Krykhtin

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and Svirskii, 1997c). At the age of 3 to spawning grounds in the lower Amur according to demographic risk criteria. 4 years, Kaluga start to feed on adult River (Schmigirlov et al., 2007). Using these concepts, the team members fishes. Cannibalism is common. Kaluga Current populations consist individually estimated the extinction do not feed during winter. predominantly of young fish, with risk for each of the five species at both mature fish accounting for only 2–3 the current time and anticipated Distribution and Abundance percent of the population (Krykhtin and extinction risk expected in the Huso dauricus has declined sharply Svirskii, 1997b). As a result of the foreseeable future based on the in both stock size and recruitment since species’ late maturation and generally information in the report. They voted on the 19th century, with an 80 percent low reproductive rate, the population the likelihood of extinction in 10 decline in population from the late decline is expected to continue, percent probability increments, with 1800s to 1992 (Ruban and Wei, 2010). especially in the middle Amur. Since each member allocating 10 votes among Official catch records in the Russian 2000, Kaluga older than 10 years have the possible risk categories. They also Federation and the former USSR not been observed in the Amur River performed a threats assessment by dropped from 595 tons in 1881 to 61 channel during nonspawning periods, identifying the severity of threats that tons in 1948, and were 89 tons in 1996 suggesting that adults from the resident exist now and in the foreseeable future, (CITES, 2000). Between 1993 and 1997, stocks in the Amur River are absent organized around the five Section meat of H. dauricus was still observed (Schmigirlov et al., 2007). In 2007, 4(a)(1) threat factors and their for sale in many parts of Russia (CITES, China received approval for caviar interaction as described in our 2000). Official records in China indicate export quotas of 1,595 kg for wild- regulations at 50 CFR 424.11(c). They that the combined annual catches of A. caught H. dauricus from the Amur defined the ‘‘foreseeable future’’ as the schrenckii and H. dauricus have River. However, this quota could not be timeframe over which threats, or the fluctuated inconsistently since the filled because the sturgeon population species’ response to those threats, can 1950s (CITES, 2000). In the last 15 years in the Amur River declined drastically, be reliably predicted to impact the the species has continued to decline and and the resource is considered to be biological status of the species. the average age is decreasing as well exhausted (Li et al., 2009). No more The extinction risk analysis team (Ruban and Wei, 2010). recent population assessment data are found all five species to be at high risk available. of extinction in the present, with Population Structure median votes for each team member at Species Determinations There are four recognized populations or above 80 percent probability of being Based on the best available scientific currently in danger of extinction for of H. dauricus: one in the estuary and and commercial information described coastal brackish waters of the Sea of each species. After reviewing the best above, we have determined that available scientific data and the Okhotsk and Sea of Japan, the second in Acipenser naccarii, A. sturio, A. extinction risk evaluation on the five the lower Amur, the third in the middle sinensis, A. mikadoi and Huso dauricus species of sturgeon, we concur with the Amur, and the fourth in the lower are taxonomically-distinct species and findings of the extinction risk analysis reaches of the Zeya and Bureya rivers therefore meet the definition of team and conclude that the risk of (Krykhtin and Svirskii, 1997a; 1997b; ‘‘species’’ pursuant to section 3 of the extinction for all five species of sturgeon 1997c). At the end of the 19th century, ESA and are eligible for listing under is currently high. when the highest catches were recorded the ESA. Based on the information (more than 595 metric tons per annum), discussed above in the ‘‘Population Summary of Factors Affecting the Five the largest population was that of the Structure’’ section we determine there is Species of Sturgeon middle Amur, which constituted 87 insufficient information to identify Next we consider whether any one or percent of the total annual Kaluga catch DPSs of A. naccarii, A. sinensis and A. a combination of the five threat factors on the Russian side, while the estuary mikadoi. Based on the extinction risk specified in section 4(a)(1) of the ESA and lower Amur populations accounted status determined for A. sturio and H. are contributing to the extinction risk of for no more than 2 percent each, and the dauricus discussed below, we these five sturgeons. The extinction risk Zeya-Bureya population constituted determine that designating DPSs for analysis team voted in a similar fashion around 11 percent of the species’ catch these species is not warranted. for each of the five threat factors and (Krykhtin and Svirskii, 1997b). their interaction as they did for overall Extinction Risk The estuary population is divided extinction risk discussed above. We into freshwater and saltwater morphs; We next consider the risk of concur with their assessment. We 75–80 percent are the freshwater morph extinction for Acipenser naccarii, A. discuss each of the five factors and their and the remainder are the saltwater sturio, A. sinensis, A. mikadoi and Huso interaction in turn below, with species- morph (Krykhtin and Svirskii, 1997c). dauricus to determine whether the specific information following a general The latter winters in the freshwater species are threatened or endangered discussion. More species-specific details zone, and migrates to the brackish water per the ESA definition discussed above. are available in Meadows and Coll of the delta in the northern part of the As part of the status review, a three- (2013). Tatar Strait and the south-western part person team of biologists evaluated the of the Sakhalin Gulf for feeding in June extinction risk of each species. They The Present or Threatened Destruction, and July. They return to the freshwater used a modification of the methods Modification, or Curtailment of Its zone in autumn when the salinity developed by Wainwright and Kope Habitat or Range increases. For spawning, most of the (1999) and McElhany et al. (2000) to We identified habitat destruction, saltwater morph migrates in winter to organize and summarize their findings. modification, or curtailment of habitat grounds up to 500 km from the river This approach has been used in the ESA or range as a potential threat to all five mouth, while other morphs enter the review of many other species (Pacific species of sturgeons and determine that mid-Amur River. However, the salmonid, Pacific hake, walleye pollock, this factor is currently contributing freshwater non-migratory stock has not Pacific cod, Puget Sound rockfishes, significantly to the risk of extinction been assigned a separate population Pacific herring, and black abalone) to most significantly for A. naccarii, A. status as both stocks spawn on the same summarize the status of the species sturio, and A. sinensis (Meadows and

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Coll, 2013). Dams, dikes and channels, operational in 2010, also reduces the and determine that this factor is pollution and poor water quality, and average discharge of the Yangtze by 40 currently contributing significantly to range loss are threats to all of the percent, and this is expected to the risk of extinction for A. naccarii, A. petitioned species to varying degrees. seriously affect the remaining spawning sturio, A. mikadoi and H. dauricus, and The hydropower dam built in the habitat into the future. The dams have moderately to significantly so for A. 1950s on the Po River, Italy (Isola a serious effect on spawning (Meadows sinensis (Meadows and Coll, 2013). The Serafini’s Dam), and water pollution and Coll, 2013). A proposed main role of this threat was with particularly affect the last stronghold of hydroelectric project on the Pearl River, historical fisheries causing large A. naccarii (Bronzi et al., 1994, Arlati et the Changzhou Dam, will block declines in these species. Commercial al., 2011). The Isola Serafini dam is at spawning migrations in that system and recreational sturgeon fisheries have the mid-point of the Po River and has (Wei et al. 1997). Water pollution is also existed since at least the 5th century BC fragmented the population and blocked a problem for the species, especially in and are noted in ancient Greek, Roman, migration to some spawning grounds the Yangtze River, as much untreated and Chinese literature (Pikitch et al., (Bronzi et al., 2006). wastewater discharges into the river 2005). All major sturgeon fisheries Dams are a particularly significant each year (Xue et al., 2008). Water surpassed peak productivity levels by factor in the decline and range quality is also affected by runoff caused the mid-20th century, with 70 percent of contraction of A. sturio (Meadows and by deforestation of the upper Yangtze major fisheries posting recent harvests Coll, 2013). Water pumping and Valley (Wei, 2010b). Serious less than 15 percent of historical peak dredging have also been identified as morphological malformation and catches and 35 percent of the fisheries habitat threats (Williot et al., 2002a). impairment of reproduction from poor examined crashing within 7 to 20 years Gessner (2000) provides a graphical water quality has been documented in of inception (Pikitch et al., 2005; Bronzi representation of the timeline and the system and is likely due to the et al., 2011a). The commercial caviar relative intensity of river habitat chemical triphenyltin (TPT) which, trade centers have shifted alterations for the past 1,000 years. along with its chemical precursors, is geographically through time. In the Untreated sewage is an additional cause used as a pesticide and antifouling paint archeological sites of Ralswiek in of the decline in the Elbe River in ingredient (Hu et al., 2009). Germany (8th through 12th century) and Germany and throughout Europe since Perfluorinated compounds are also at a of Gdansk in Poland (10th through 13th the onset of industrial development level that may impact reproduction century) the proportion of sturgeons in (Gessner, 2000; Gessner et al., 2011). (Peng et al., 2010). Research by Zhang the excavations fell from 70 percent at Williot and Castelnaud (2011) et al. (2011) found that all five species the start to 12–13 percent at the end of summarize the history of habitat- of Chinese sturgeon prey examined in the occupation of both sites, suggesting altering dams and mines in France. their study were contaminated by heavy a progressive overexploitation and Extraction of gravel in the Garonne metals. decline (Debus, 1997). By the 19th River was a threat to the species (most Pollution from agriculture, oil century, the United States was the top has now stopped but the damage production, and mining is degrading caviar producer, primarily from A. remains) as is water pollution and dams habitat quality for A. mikadoi (Shilin, oxyrinchus oxyrinchus, until those (Williot et al., 1997, Lepage et al., 2000, 1995; Mugue, 2010). Logging also occurs stocks declined as well (Birstein, 1997; Rosenthal et al., 2007, Freyhoff et al., along the Tumnin River (Erickson, Secor, 2002). By the end of the 19th 2010). A dam, water pollution and 2005). Damming of the Tumnin River is century, Russia was a major caviar gravel extraction are all implicated in under discussion; this would massively trading nation and by the early 20th the extirpation in the Guadalquivir affect the reproduction of this species century Russian sturgeon harvests were River in Spain (Elvira et al., 1991; (Gessner, personal communication). Fernandez-Pasquier, 1999; Ludwig et In contrast to most large rivers, the seven times greater than historical peak al., 2011). Amur River, the core of the range of H. U.S. catches (Taylor, 1997; Secor et al., The construction of the Gezhouba dauricus, has not been dammed; 2000). Next, the Caspian Sea states of Dam limits the distribution of A. however, dams are being planned in the Iran, Kazakhstan, and Russia dominated sinensis in the Yangtze River (Zenglong, main tributaries and in the middle the international trade in capture 1998; Wei, 2010a) and affects reaches (Gessner, personal fisheries products, while the United recruitment and reproductive communication). Water pollution States, Japan, the European Union and development (Wei et al., 1997). (including heavy metals, oil products, Switzerland were the major importers Historically, the spawning habitats of phenol, mineral fertilizers and gold (De Meulenaer and Raymakers, 1996; Chinese sturgeon were located in the mining byproducts) in the Amur River Hoover, 1998; Raymakers, 2002). The main stream of the upper Yangtze and system has increased in recent years dissolution of the Soviet Union is the lower Jinsha rivers, covering a from both the Russian and Chinese sides considered to be a turning point in stretch of about 800 km of river length. (Matthieson, 1993; Krykhtin and sturgeon fisheries management, after However, after the damming their Svirskii, 1997b). Studies of the effects of which increased illegal harvest and spawning areas were limited to a 30 km pollution on this species have trade ensued, flooding the international reach below the Gezhouba Dam (Wei et apparently not been undertaken, so it is market with illegal, low quality, al., 1997), with only two favorable sites unclear the extent to which this inexpensive caviar (Meadows and Coll, being established below the dam (Ban et increased pollution could limit recovery 2013). While historical overfishing has al., 2011). The completion of the Three of the species. played a significant role in the decline Gorges Dam upstream of the Gezhouba of these species, bycatch is currently the dam in 2003 has further impacted the Overutilization for Commercial, main threat in this category for all species by lowering the water level of Recreational, Scientific, or Educational species except A. sinensis and H. the Yangtze River in fall and winter and Purposes dauricus, where we have no information affecting the water temperature and We identified overutilization for on bycatch. other stream characteristics (Wei, 2010a; commercial, recreational, scientific, or CITES has regulated international Xiao and Duan, 2011). Three Gorges educational purposes as a potential trade in all species of sturgeon since Dam, the world’s largest, and only fully threat to all five species of sturgeons 1998 (CITES 2013). CITES Appendix II

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listings allow sustainable commercial to the Middle Ages (Meadows and Coll, (Gessner, personal communication). In trade, while Appendix I listings ban 2013). Bycatch in other fisheries is a December 1999 several thousand most commercial trade. One of the current threat, with an estimated juvenile and several hundred gravid petitioned species, Acipenser sturio, bycatch of up to 200 fish per year from female A. baerii escaped into the was added to CITES Appendix II in gillnets and trawling at sea (Rosenthal et Gironde River (Bordeaux region) in 1975, and transferred to Appendix I in al., 2007; Freyhoff et al., 2010). In France during two storms. The survival 1983. The remaining petitioned species France, a program was recently carried of the escaped fish and their short-term were added to CITES Appendix II in out to minimize bycatch and those effect on A. sturio are documented by April 1998. CITES Resolution Conf. 12.7 efforts are spreading throughout Europe Rochard et al. (2001), but the escaped (Revised at the Convention of the Parties (Michelet, 2011). fish were not documented for years after 14 in 2007)(CITES, 2002), requires Acipenser sinensis was a major and likely are now extirpated (Williot, reporting of annual export and catch commercial fishery resource in the personal communication). Introduced quotas to the CITES Secretariat and 1960s, but by the end of the 1970s catch exotic sturgeon in the Yangtze River are registration of processing and packaging had declined to 500 fish and has not an identified threat to A. sinensis (Li et plants. Since 2008, wild capture export recovered (Wei, 2010a). Drift nets were al., 2009). Since the end of the 1990s, quotas are zero under CITES. Studies of used to catch it in the river and set nets farmers began cage-farming many exotic international trade give evidence for a were used at the river mouth (Wei, sturgeon species in the Yangtze River high proportion (7–25 percent) of caviar 2010a). Commercial fishing has been (Wei et al., 1997; Shi et al., 2002). None with the wrong species origin assigned prohibited since 1983 (Billard and of these legally farmed sturgeons and labeled and sold on the world Lecointre, 2001). (including A. schrenckii, H. dauricus, market (Meadows and Coll, 2013). In Acipenser mikadoi was harvested and their hybrids) are native to the 2011, CITES appeared pessimistic about commercially in the past and illegal Yangtze River system, so they could efforts to control illegal trade, stating: poaching continues to be a threat compete with native sturgeon. In 2006 ‘‘It is several years since the Secretariat (Shilin, 1995; Mugue, 2010). Bycatch the A. sinensis Emergency Center received any information from sturgeon from salmon trawling off the coast is (Changshu City, Jiangsu Province) range States about poaching or illegal also a threat (Shilin, 1995; Mugue, collected 221 young sturgeon from their trade. The Secretariat’s enforcement- 2010). fishery resources monitoring nets in the related staff, who not so long ago Overutilization is thought to be the Yangtze River. Seventy percent were devoted very significant amounts of main threat that caused the decline of H. hybrids, while only 30 percent were time in assisting the combating of illegal dauricus (Birstein et al., 1999). The pure A. sinensis (Chen, 2007). Liu trade in caviar, now spend hardly any species has been fished commercially (1995) notes that an estimated 90 time on this matter’’ (CITES, 2011). In since the 1800s in Russia and since at percent of the eggs on the spawning site a review of Chinese sturgeon least the 1950s in China (CITES, 2000). near the Gezhouba Dam are eaten by the aquaculture, Wei et al. (2011) note new Peak catch for the species was in 1891 bronze gudgeon, Coreius heterodon, and markets and products, including (585 tons) (Krykhtin and Svirskii, asserts as a result, the sturgeon medical and health products, cosmetics, 1997b; Koshelev and Ruban, 2012). In population is further declining (Deng and leather, have appeared in recent the last century, catch fluctuated and Yan, 1991). No competition, disease years. This could lead to increased between 100 and 400 tons annually on or unusual predation threats have been demand that may increase pressure for the Chinese side of the Amur River, and identified for A. mikadoi. illegal, unreported, and unregulated since the 1990s has been below 100 tons Hybrid H. dauricus (crossed with A. fishing. They also noted declines in the on the Russian side (Pikitch et al., schrenckii) are cultured in China (Li et number of seedlings needed from the 2005). On the Chinese side, fishing al. 2011, Wei et al., 2011) and wild or imported from other countries, impacts were low before the 1970s, considered by some to be a risk factor which would tend to decrease pressure because few people lived along the to the species status (Chelomina et al. on wild stocks. Amur River. However, with increasing 2008). About 35 percent of Chinese Bycatch (Gessner, personal population and the high profit of caviar production from 2007–2009 came communication) and recreational sturgeon fishing, catches increased after from these hybrids. There is no fishing (Williot, personal that time (Wei et al., 1997). Illegal documentation of interactions with communication) are the main current poaching for caviar remains a threat on hybrids, however. Investigations on problems in this category for A. the Russian side, where fishing is now ovaries by Svirskii (see Krykhtin and naccarii. This species is fished severely restricted (Ruban and Wei, Svirskii, 1997a) showed that a parasite, commercially and recreationally. It is 2010). International trade in caviar from Polypodium hydroforme, decreased the fished for its meat and the roe is not H. dauricus declined from 1999 to 2004. fecundity of H. dauricus by currently consumed as caviar (Kottelat No CITES quota for wild caught fish was approximately 19 percent. and Freyhoff, 2007). made after 2008. Acipenser sturio is prized for its flesh Inadequacy of Existing Regulatory and its caviar, and was an important Disease and Predation Mechanisms commercial fish for centuries in some We determine disease and predation We identified inadequacy of existing locations until early in the 20th century are potential threats to each of the five regulatory mechanisms as a potential when populations declined below species of sturgeon, but the level of threat to each of the five species of viable levels for a fishery (Williot et al., threat varies by species. This threat is sturgeon. We determined that this factor 2002a). Gessner et al. (2011) provide a ranked most highly for A. sinensis alone, or in combination with other summary of fishery data and (moderate to high) and H. dauricus (low factors, is currently contributing information, largely from German to moderate) (Meadows and Coll, 2013). moderately to significantly to the risk of waters, where the use of European Competition for habitat with the Wels extinction for each species, with greater sturgeon by humans has been catfish, Silurus glanis, may have variability in the voting on this threat documented in archaeological sites contributed to the decline of A. naccarii than for any of the other five threats dating back to 100 B.C. Rough estimates (Arlati et al., 2011). Silurus glanis is also (Meadows and Coll, 2013). Despite of catch are available all the way back a potential predator of this species listing under CITES, and species-

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specific domestic management and Emilia-Romagna and Veneto (Bronzi et Conservation of European Wildlife and conservation measures, there remains an al., 2006). It is not otherwise protected Natural Habitats (Bern Convention). In overall decline in wild sturgeon by law in Italy or elsewhere in its range European Community Law, especially populations, with historical that we have identified. Acipenser the Habitat Directive, the species is overutilization, poaching, and habitat naccarii is listed in Appendix II of the listed among the animals of Community destruction among the main causes. Bern Convention on the Conservation of interest (Annex II) whose conservation There are few regulations in place that European Wildlife and Natural Habitats. requires the designation of Special are able to manage population size at All countries that have signed the Areas of Conservation (SAC) (Williot et sustainable levels. Only A. sturio is convention must promote national al., 2009). Eleven areas have been listed on CITES Appendix I, and thus conservation policies, measures against designated up to now, and six others are has a commercial trade ban. pollution, and educational and in the process of being approved Implementation of the CITES Appendix informative measures. They must also (Rosenthal et al., 2007). In 2003, the II listings for the other sturgeons has co-ordinate efforts to protect at-risk ‘‘Regional Strategy for the Conservation been challenging. CITES parties had to species. For Appendix II species, the and Sustainable Management of adopt resolutions to require range following is prohibited: all forms of Sturgeon Populations of the Northwest countries to declare coordinated annual deliberate capture and killing; the Black Sea and Lower Danube River in export and catch quotas, develop deliberate damage to or destruction of accordance with CITES’’ was signed by marking and labeling systems, cooperate breeding or resting sites; deliberate Serbia, Bulgaria, Romania and Ukraine regionally, and, where possible, disturbance, the deliberate destruction (Rogin, 2011). The European action establish a system of registration or or taking of eggs from the wild or plan, which particularly relies on in situ licensing or both for importers and keeping these eggs even if empty; and conservation, ex situ measures, stocking exporters of caviar. Ten sturgeon species the possession of and internal trade in of hatchery-reared young, and habitat were considered under the CITES these animals, alive or dead. While restoration, was recently drafted and Review of Significant Trade process, important and helpful, we conclude implementation has begun (Rosenthal et which resulted in recommendations these regulatory mechanisms do not al., 2007). Within its current range, affecting Caspian Sea range countries. ensure the sustainability or status of this conservation actions are in place to Studies of international trade species because they are incomplete, limit incidental captures and poaching, (Raymakers, 2002; Ludwig, 2006) give and they may have enforcement and to improve the protection of evidence for a high proportion (7–25%) difficulties. habitats (Williot et al., 1997). A total ban of caviar with the wrong species origin Acipenser sturio is currently on fishing and marketing of the species assigned and sold on the world market. considered by the European community was applied in France in 1982 (Gessner, Sturgeon stocks continued to decline to be a critically endangered species. A 2000). Despite these instruments and since 2008 wild capture export recent revision of the status of A. sturio currently in place, implementation is quotas under CITES are zero. In 2011, by the IUCN in 2009 concluded the difficult due to lack of funds, fishermen the CITES Secretariat noted that species status is ‘‘critically endangered’’ who still catch and sell the species ‘‘Despite the best efforts of the CITES (Lepage and Rochard, 2011), and lack of community, it appears that the goal of (Freyhoff et al., 2010). It is protected by all of the nations in its present knowledge or willingness of legal and sustainable harvest of caviar administrations in charge of . . . appears unattainable for the distribution area, either by their national laws or by international management to enforce current present.’’ (CITES, 2011). regulations (Williot and Castelnaud, Given the low to very low numbers of conventions and European directives 2011). Williot et al. (2011c) also reproductively mature adults and the (Rosenthal et al., 2007; Rochard, 2011). concluded that inadequate relatively modest stocking efforts on a The following international conventions implementation of fisheries regulations range-wide scale, the above regulations and directives protect the species: (1) and species conservation restrictions are not likely to be sufficient to Appendix I of CITES, which prohibits have inhibited the species conservation sustainably manage these species its international trade except for and recovery success. Today the main without conservation protections. scientific research; (2) Appendix I of the driver is the low number of individual Moreover, it is currently unclear Convention on Migratory Species fish (Gessner, personal communication). whether the range countries for the (CMS); (3) Appendix II of the Bern petitioned sturgeon species have the Convention; (4) Appendix II of the In 1988, A. sinensis was listed as a resources and personnel to enforce European Council Directive on the state protected animal in class I in existing regulatory measures as reports Conservation of Natural Habitats and of China (Wei et al., 1997). In 1996, of poaching and illegal trade are Wild Fauna and Flora, which lists Yichang Chinese Sturgeon Nature widespread. Compliance is another animal and plant species of community Reserve was established to protect the problem and requires more consolidated interest whose conservation requires the spawning population. In 2002, a efforts. We seek more detailed designation of special areas of Chinese Sturgeon Nature Reserve in the information on efforts in these areas in conservation; and 5) the list of Yangtze River estuary was established to our public comment process (see threatened and/or declining species protect juvenile sturgeons gathering below). under the Convention Protecting and there (Wei, 2010a). The effectiveness of Bycatch is a major current threat to A. Conserving the North-East Atlantic and these measures is unclear, but it is naccarii, A. sturio, and A. mikadoi, but its Resources, which sets protection thought that poaching still occurs (Wei, we are not aware of any regulations priorities by its parties (Rochard, 2011). 2010a). addressing this threat, though a Acipenser sturio was included in Since 1983, A. mikadoi has been voluntary program started in France has Appendix II of the CMS in 1999. In listed in the Red Data Book of the spread through much of the range of A. 2005, it was added to Appendix I, Russian Federation, which provides for sturio (Michelet, 2011). which lists migratory species in danger a complete ban on fishing (Germany, For A. naccarii, fishing is prohibited of extinction. The European sturgeon is 1998). The effectiveness of these in the three regions of Italy where a listed as a strictly protected species measures is unclear, but given the recovery plan is in place: Lombardy, (Annex II) in the Convention on the population size, appears limited.

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In the Russian Federation, a the Middle East and North Africa, and invasions, improving hunter access, prohibition on the commercial catch of predicted that the majority of species eliminating prey, altering biophysical H. dauricus has been in place during would have range contractions, conditions and increasing inbreeding 1923–1930, 1958–1976 and from 1984 to including A. naccarii. depression. Together, these interacting the present (Vaisman and Fomenko, Acipenser naccarii has been and self-reinforcing systematic and 2007). However, a tolerance called hybridized with A. baerii in captive stochastic processes play a dominant ‘‘controlled catch’’ for incidental and breeding facilities (CITES 2000). These role in driving the dynamics of scientific catches is allowed. These fish have been known to sporadically population trajectories as extinction is catches are the current source of caviar escape from rearing plants or angling approached’’ (Brook et al., 2008). For and sturgeon meat from the Amur River. ponds, or are released when they most of these sturgeon species it is The ‘‘controlled catch’’ is apparently not become too large for private aquaria likely that the interactive effects of the well defined and difficult to control and (CITES, 2000). There is no multiple threats identified herein are enforce (TRAFFIC, 2000). Experts and documentation on the extent or having multiplicative effects on government officials have reported potential damage of the introduction of extinction risk. In particular, habitat increasing pressure from illegal fishing these hybrids, but competition with loss, range contractions, and decreased practices and criminal activities around hybrids is likely. water quality are likely to interact in sturgeon poaching and black markets Acipenser sturio is vulnerable to ways to multiplicatively increase the that have been reported in a large part overutilization due to its late age at first extinction risk of these species, of the range (Medetsky, 2000; reproduction and multi-year especially as populations reach such Winchester, 2000). The current situation reproductive cycle and low population small sizes that Allee effects, genetic is not known. In China, Heilongjiang size (Rosenthal et al., 2007). Lassalle et drift, and disasters can dominate Province authorities issued protection al. (2011) modeled potential impacts of population dynamics. Studies to and management regulations, such as climate change on habitat availability determine the specific magnitude of gear restrictions, harvest size, closed throughout the species’ range out to the these synergistic effects are lacking for seasons and areas, and the requirement year 2100. They found that much of the all five species. As a result, extinction of a fishing license in the early 1950s. species’ spawning habitat would be risk analysis team members’ scores These were renewed in 1982. The negatively affected, particularly in the varied significantly for this category Ordinance of 1982 prescribed minimum southern part of its range. However, five (Meadows and Coll, 2013). size limits for H. dauricus at 200 cm or basins where reintroductions are Overall Risk Summary 65 kg. Fishing activities on the Heilong planned or occurring are predicted to (Amur) River are prohibited from mid- remain suitable. After considering the extinction risks June to mid-July. The protocol also The long lifespan and late maturation for each of the five species of sturgeon, established areas where fisheries are of A. sinensis make it susceptible to we have determined that Acipenser permanently prohibited. In 1991, 2,248 overexploitation. Zhang et al. (2000) naccarii, A. sturio, A. sinensis, A. sturgeon fishing licenses were issued, screened the nuclear genomes of 70 mikadoi and Huso dauricus are in and in 2000, the number was reduced to samples collected in the Yangtze River danger of extinction throughout all of 1,850. However, the regulations have from 1995 to 1997 and found low their ranges, largely due to (1) Present not been fully implemented (Wei et al., genetic variability. Ship strikes and or threatened destruction, modification 1997; Wei et al., 2004) and do not excessive sound have also been noted as or curtailment of habitat, (2) appear to be effective enough to reverse threats for this species (Wang et al., overutilization for commercial, the species decline. 2011). No other threats have been recreational, scientific, or educational identified for A. mikadoi. purposes, and (3) inadequacy of existing Other Natural or Manmade Factors Huso dauricus is vulnerable to regulatory mechanisms. Affecting Its Continued Existence overutilization due to its late age at first Protective Efforts We determine that other natural or reproduction and multi-year manmade factors are potential threats to reproductive cycle. Section 4(b)(1)(A) of the ESA requires each of the five species of sturgeon, but the Secretary, when making a listing Synergistic Effects the level of threat is generally no more determination for a species, to take into than moderate, except for a high threat Recent research has shown that consideration those efforts, if any, being level for A. sturio (Meadows and Coll, synergistic interactions among threats made by any State or foreign nation to 2013). Small population size is a often lead to higher extinction risk than protect the species. In judging the problem to varying degrees for all predicted based on the individual efficacy of not yet implemented efforts, petitioned species. Small population threats (Brook et al., 2008). ‘‘Like or those existing protective efforts that size can lead to loss of adaptation in interactions within species assemblages, are not yet fully effective, we rely on the species through genetic drift and Allee synergies among stressors form self- Services’ joint ‘‘Policy for Evaluation of effects. Small populations are also reinforcing mechanisms that hasten the Conservation Efforts When Making subject to greater variation in dynamics of extinction. Ongoing habitat Listing Decisions’’ (‘‘PECE’’; 68 FR population size and risk of extirpation destruction and fragmentation are the 15100; March 28, 2003). The PECE from a variety of density-independent primary drivers of contemporary policy is designed to ensure consistent disasters. Climate change may impact extinctions, particularly in the tropical and adequate evaluation of whether any all of the petitioned species, though realm, but synergistic interactions with conservation efforts that have been sturgeon-specific studies and hunting, fire, invasive species and recently adopted or implemented, but predictions are rare and there is great climate change are being revealed with not yet proven to be successful, will uncertainty. Hydrologic changes that are increasing frequency’’ (Brook et al., result in recovering the species to the likely to affect spawning grounds are 2008). ‘‘[H]abitat loss can cause some point at which listing is not warranted probably the most likely effect of extinctions directly by removing all or contribute to forming the basis for climate change. Lassalle and Rochard individuals over a short period of time, listing a species as threatened rather (2009) estimated impacts of climate but it can also be indirectly responsible than endangered. The PECE policy is change to diadromous fishes in Europe, for lagged extinctions by facilitating expected to facilitate the development

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of conservation efforts that sufficiently Williot et al. (2009) describe many years in Bronzi et al. (2011a) and Meadows improve a species’ status so as to make of efforts to establish a successful and Coll (2013). The certainty that this listing the species as threatened or conservation hatchery program in program will continue to be endangered unnecessary. France. Hatchery rearing first started in implemented in the future is unclear. The PECE policy establishes two basic 1995 in a facility in the Gironde system The small amount of spawning habitat criteria to use in evaluating efforts in France, with successful artificial available likely limits the potential identified in conservations plans, propagation only occurring in 1995 and effectiveness of this program. Given all conservation agreements, management 2007 (Williot et al., 2009). Hatchlings of the above, it is impossible to plans or similar documents: (1) The (2000) and later fingerlings (5,000 of ∼1g determine whether these stocking efforts certainty that the conservation efforts weight in June 1995 and 2,000 ∼6.5 g in will be effective in conserving or will be implemented; and (2) the August 1995) were released in equal improving the status of this species. certainty that the efforts will be numbers into the Garonne and An artificial propagation programs effective. We evaluated conservation Dordogne Rivers from the first event exists for A. mikadoi, and efforts we are aware of to protect and (Williot et al., 2009). The 2007 event reintroductions have occurred with a recover sturgeon that are either was the first successful reproduction of total of 60 individuals being released in underway but not yet fully fish reared in captivity their entire lives 2005 and 2009 into Lake Tunaicha in implemented, or are only planned. We (Williot et al., 2009). Since 2007, the southeast of Sakhalin (Koshelev et seek additional information on other improved rearing success has resulted al., 2012). No reproduction of stocked conservation efforts in our public in successful propagation every year, fish has been confirmed. The certainty comment process (see below). with about 135,000 juveniles being that this program will continue to be We are aware of the stocking program released from the French facility implemented in the future is unclear. in Italy for A. naccarii, as described in through 2010 (Acolas et al., 2011a; Given all of the above, it is impossible Bronzi et al. (2011a) and Meadows and Rochard and Lambert, 2011). However, to determine whether these stocking Coll (2013). No reproduction of stocked poor sperm quality and a limited efforts will be effective in conserving or fish has been confirmed. The certainty number of reproductive females limit improving the status of this species. that this program will continue to be the ability to increase hatchery We are aware of the stocking implemented in the future is unclear. production and restrain genetic programs for H. dauricus as described Given this, it is impossible to determine diversity (Tiedemann et al., 2011). above and in Bronzi et al. (2011a) and whether these stocking efforts will be Gessner (2000) documents Meadows and Coll (2013). Russia effective in conserving or improving the conservation efforts in place in the late cultures pure H. dauricus, releasing status of this species. In fact, as 1990s in Germany. In 1994, efforts to about 1 million per year in the late discussed above, stocking efforts can reestablish A. sturio in Germany were 1990s (Chebanov and Billard, 2001) and contribute to extinction risk if not launched by scientists and with only small production continuing conducted carefully, especially with aquaculturists at the Society to Save the through the 2000s (Li et al., 2009). The consideration of suitable habitat and Sturgeon, with Federal government species is also cultured in China and genetic composition of the donor support (Kirschbaum and Gessner, released into the Amur River in populations. We are unaware of any 2000). A broodstock program was unknown quantities (Wei et al., 2004). other major conservation efforts for this developed with 1,600 animals donated No reproduction of stocked fish has species, though efforts to conserve A. from France. These broodstock fish, been confirmed. The certainty that these sturio described below could help this however, have low genetic diversity, as programs will continue to be species. However, these efforts are also most of the fish are full siblings implemented in the future is unclear. not certain to be implemented. (Kirschbaum et al., 2011). Kirschbaum Given all of the above, it is impossible A large number of conservation efforts et al. (2011) update the above to determine whether these stocking are underway for A. sturio. Some are information with discussion of more efforts will be effective in conserving or discussed in the above sections and recent restoration efforts in Germany, improving the status of this species. accounted for in the extinction risk which have most prominently included We are aware of no other conservation analysis. Other efforts are discussed the release of 200 juvenile fish from efforts that have been recently adopted here for historical continuity, but the 2008–2010. According to Gessner or implemented, but not yet proven to effectiveness of the early efforts was (personal communication), that number be successful, that could modify the risk fully considered in the extinction risk has reached 10,000 juveniles through of extinction for any of these species analysis above. Hatchery releases have 2013. and that would require consideration occurred in a number of places starting European countries have completed a under the PECE policy. Therefore, we in 1995 in France and 1996 in Germany draft conservation action plan for the conclude that the identified (Kirschbaum et al., 2000; Williot et al., species (Rosenthal et al., 2007; Moreau, conservation efforts do not alter the 2002b), with both countries cooperating 2011) that details specific objectives and extinction risk assessments for any of extensively in these efforts (Williot and actions for the species’ conservation. the five petitioned sturgeon species. Kirschbaum 2011). The first results in Nevertheless, the plan guarantees no France indicated that A. sturio is rather funding and thus implementation, let Proposed Determination difficult to grow under controlled alone effectiveness, is highly uncertain. Section 4(b)(1) of the ESA requires conditions compared to most other The certainty that all of the above that we make listing determinations sturgeon species (Williot et al., 1997). described conservation efforts for A. based solely on the best scientific and Kirschbaum et al. (2000) however, were sturio will be implemented or continued commercial data available after more recently able to achieve growth is unclear. Given all of the above, it is conducting a review of the status of the rates in the German program similar to impossible to determine whether these species and taking into account those those in the wild, though captive stocking efforts will be effective in efforts, if any, being made by any state temperatures were warmer. Williot and conserving or improving the status of or foreign nation, or political Castelnaud (2011) and Williot et al. this species. subdivisions thereof, to protect and (2011d) summarize conservation We are aware of the stocking program conserve the species. We have reviewed measures implemented for France. for A. sinensis as described above and the best available scientific and

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commercial information, including the of this proposed listing are prohibitions essential for the conservation of the petition, and the information in the on take, including export and import. species. Regulations at 50 CFR 424.12 review of the status of the five species (e) specify that we shall designate as Identifying Section 7 Consultation of sturgeon, and we have consulted with critical habitat areas outside the Requirements species experts. We are responsible for geographical range presently occupied determining whether Acipenser naccarii Section 7(a)(2) (16 U.S.C. 1536(a)(2)) by the species only when the (Adriatic sturgeon), A. sturio (European of the ESA and NMFS/USFWS designation limited to its present range sturgeon), A. sinensis (Chinese regulations require Federal agencies to would be inadequate to ensure the sturgeon), A. mikadoi (Sakhalin consult with us to ensure that activities conservation of the species. they authorize, fund, or carry out are not sturgeon) and Huso dauricus (Kaluga The best available scientific and likely to jeopardize the continued sturgeon) are threatened or endangered commercial information on these existence of listed species or destroy or under the ESA (16 U.S.C. 1531 et seq.). species does not indicate that U.S. Accordingly, we have followed a adversely modify critical habitat. Section 7(a)(2) (16 U.S.C. 1536(a)(2)) of waters provide any specific essential stepwise approach as outlined above in biological function for any of them. making this listing determination for the ESA and NMFS/USFWS regulations also require Federal agencies to confer Based on the best available information, these five species of sturgeon. We have we have not identified unoccupied determined that Acipenser naccarii with us on actions likely to jeopardize the continued existence of species area(s) that are currently essential to the (Adriatic sturgeon), A. sturio (European conservation of any of the sturgeons sturgeon), A. sinensis (Chinese proposed for listing, or that result in the destruction or adverse modification of proposed for listing. Therefore, based on sturgeon), A. mikadoi (Sakhalin the available information, we do not sturgeon) and Huso dauricus (Kaluga proposed critical habitat. It is possible intend to designate critical habitat for sturgeon) constitute species as defined that the listing of the five species of Acipenser naccarii, A. sturio, A. by the ESA. sturgeon under the ESA may create a Based on the information presented, minor increase in the number of section sinensis, A. mikadoi or Huso dauricus. we find that all five species of sturgeon 7 consultations, though consultations Identification of Those Activities That are in danger of extinction throughout are likely to be rare given that these Would Constitute a Violation of Section all of their ranges. We assessed the ESA species mostly occur in foreign 9 of the ESA section 4(a)(1) factors and conclude the territorial waters. On July 1, 1994, NMFS and FWS Adriatic, European, Chinese, Sakhalin Critical Habitat and Kaluga sturgeon all face ongoing published a policy (59 FR 34272) that threats from habitat alteration, Critical habitat is defined in section 3 requires us to identify, to the maximum overutilization for commercial and of the ESA (16 U.S.C. 1532(5)) as: (1) extent practicable at the time a species recreational purposes, and the The specific areas within the is listed, those activities that would or inadequacy of existing regulatory geographical area occupied by a species, would not constitute a violation of mechanisms throughout their ranges. at the time it is listed in accordance section 9 of the ESA. Because we are Acipenser sturio also face high risks with the ESA, on which are found those proposing to list all five sturgeons as from its life history and published physical or biological features (a) endangered, all of the prohibitions of predictions of the effects of climate essential to the conservation of the Section 9(a)(10) of the ESA will apply change (Lassalle et al., 2011). All of the species and (b) that may require special to all five species. These include threats attributed to the species’ decline management considerations or prohibitions against the import, export, are ongoing except the largely historical protection; and (2) specific areas outside use in foreign commerce, or ‘‘take’’ of threat from directed fisheries. After the geographical area occupied by a the species. Take is defined as ‘‘to considering efforts being made to species at the time it is listed upon a harass, harm, pursue, hunt, shoot, protect these sturgeon, we could not determination that such areas are wound, kill, trap, capture, or collect, or conclude that the proposed essential for the conservation of the to attempt to engage in any such conservation efforts would alter the species. ‘‘Conservation’’ means the use conduct.’’ These prohibitions apply to extinction risk for any of these five of all methods and procedures needed all persons subject to the jurisdiction of species. to bring the species to the point at the United States, including in the which listing under the ESA is no United States, its territorial sea, or on Effects of Listing longer necessary. Section 4(a)(3)(A) of the high seas. The intent of this policy Conservation measures provided for the ESA (16 U.S.C. 1533(a)(3)(A)) is to increase public awareness of the species listed as endangered or requires that, to the extent prudent and effects of this listing on proposed and threatened under the ESA include determinable, critical habitat be ongoing activities within the species’ recovery actions (16 U.S.C. 1533(f)), designated concurrently with the listing range. Activities that we believe could concurrent designation of critical of a species. However, critical habitat result in a violation of section 9 habitat if prudent and determinable (16 shall not be designated in foreign prohibitions of these five sturgeons U.S.C. 1533(a)(3)(A)); Federal agency countries or other areas outside U.S. include, but are not limited to, the requirements to consult with NMFS jurisdiction (50 CFR 424.12 (h)). following: under Section 7 of the ESA to ensure The best available scientific and (1) Take within the United States or their actions do not jeopardize the commercial data as discussed above its territorial sea, or upon the high seas; species or result in adverse modification identify the geographical areas occupied or destruction of critical habitat should by Acipenser naccarii, A. sturio, A. (2) Possessing, delivering, it be designated (16 U.S.C. 1536); and sinensis, A. mikadoi and Huso dauricus transporting, or shipping any sturgeon prohibitions on taking (16 U.S.C. 1538). as being entirely outside U.S. part; Recognition of the species’ plight jurisdiction, so we cannot designate (3) Delivering, receiving, carrying, through listing promotes conservation critical habitat for these species. We can transporting, or shipping in interstate or actions by Federal and state agencies, designate critical habitat in unoccupied foreign commerce any sturgeon or foreign entities, private groups, and areas in the United States if the area(s) sturgeon part, in the course of a individuals. Therefore, the main effects are determined by the Secretary to be commercial activity;

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(4) Selling or offering for sale in environment at the time of listing, in a specialists selected from the academic interstate commerce any part, except non-commercial activity); and scientific community, Federal and antique articles at least 100 years old; (3) Continued possession of live State agencies, and the private sector on (5) Importing or exporting sturgeon or sturgeon that were in captivity or in a these listing recommendations to ensure any sturgeon part to or from any controlled environment (e.g., in aquaria) the best biological and commercial country; at the time of this listing, so long as the information is being used in the (6) Releasing captive sturgeon into the prohibitions under ESA section 9(a)(1) decision-making process, as well as to wild. Although sturgeon held non- are not violated. Facilities must provide ensure that reviews by recognized commercially in captivity at the time of evidence that the sturgeon were in experts are incorporated into the review listing are exempt from certain captivity or in a controlled environment process of rulemakings developed in prohibitions, the individual animals are prior to listing. We suggest such accordance with the requirements of the considered listed and afforded most of facilities submit information to us on ESA. the protections of the ESA, including the sturgeon in their possession (e.g., We will consider peer review most importantly, the prohibition size, age, description of animals, and the comments in making our final against injuring or killing. Release of a source and date of acquisition) to determination, and include a summary captive animal has the potential to establish their claim of possession (see of the comments and recommendations, injure or kill the animal. Of an even FOR FURTHER INFORMATION CONTACT); and if a final rule is published. greater conservation concern, the release (4) Provision of care for live sturgeon of a captive animal has the potential to that were in captivity at the time of References affect wild populations of native listing. These individuals are still A complete list of the references used sturgeon through introduction of protected under the ESA and may not be in this proposed rule is available upon diseases or inappropriate genetic killed or injured, or otherwise harmed, request (see ADDRESSES). mixing; and, therefore, must receive proper care. Classification (7) Harming captive sturgeon by, Normal care of captive animals among other things, injuring or killing a necessarily entails handling or other National Environmental Policy Act captive sturgeon, through experimental manipulation of the animals, and we do The 1982 amendments to the ESA, in or potentially injurious veterinary care not consider such activities to constitute section 4(b)(1)(A), restrict the or conducting research or breeding take or harassment of the animals so information that may be considered activities on captive sturgeon, outside long as adequate care, including when assessing species for listing. Based the bounds of normal animal husbandry veterinary care, such as confining, on this limitation of criteria for a listing practices. Captive breeding of sturgeon tranquilizing, or anesthetizing sturgeon decision and the opinion in Pacific is considered experimental and when such practices, procedures, or Legal Foundation v. Andrus, 675 F. 2d potentially injurious. Furthermore, the provisions are not likely to result in 825 (6th Cir. 1981), NMFS has production of sturgeon progeny has injury, is provided; and concluded that ESA listing actions are conservation implications (both positive (5) Any interstate and foreign not subject to the environmental and negative) for wild populations. commerce trade of sturgeon already in assessment requirements of the National Experimental or potentially injurious captivity. Section 11(f) of the ESA gives Environmental Policy Act (NEPA) (See veterinary procedures and research or NMFS authority to promulgate NOAA Administrative Order 216–6). breeding activities of sturgeon may, regulations that may be appropriate to depending on the circumstances, be enforce the ESA. NMFS may promulgate Executive Order 12866, Regulatory authorized under an ESA 10(a)(1)(A) future regulations to regulate trade or Flexibility Act, and Paperwork permit for scientific research or the holding of these sturgeon, if necessary. Reduction Act enhancement of the propagation or NMFS will provide the public with the As noted in the Conference Report on survival of the species. opportunity to comment on future the 1982 amendments to the ESA, We will identify, to the extent known proposed regulations. economic impacts cannot be considered at the time of the final rule, specific Role of Peer Review when assessing the status of a species. activities that will not be considered Therefore, the economic analysis likely to result in a violation of section In December 2004, the Office of requirements of the Regulatory 9 of the ESA. Although not binding, we Management and Budget (OMB) issued Flexibility Act are not applicable to the are considering the following actions, a Final Information Quality Bulletin for listing process. In addition, this depending on the circumstances, as not Peer Review establishing a minimum proposed rule is exempt from review being prohibited by ESA Section 9: peer review standard. Similarly, a joint under Executive Order 12866. This (1) Take of a sturgeon authorized by NMFS/FWS policy (59 FR 34270; July 1, proposed rule does not contain a an ESA section 10(a)(1)(A) permit 1994) requires us to solicit independent collection-of-information requirement authorized by, and carried out in expert review from qualified specialists, for the purposes of the Paperwork accordance with the terms and concurrent with the public comment Reduction Act. conditions of an ESA section 10(a)(1)(A) period. The intent of the peer review permit issued by NMFS for purposes of policy is to ensure that listings are based Executive Order 13132, Federalism scientific research or the enhancement on the best scientific and commercial In accordance with E.O. 13132, we of the propagation or survival of the data available. We solicited peer review determined that this proposed rule does species; comments on the status review report not have significant Federalism effects (2) Continued possession of sturgeon from 12 outside scientists and two and that a Federalism assessment is not parts that were in possession at the time NMFS scientists familiar with required. In keeping with the intent of of listing. Such parts may be non- sturgeons. We received comments from the Administration and Congress to commercially exported or imported; four of these scientists and their provide continuing and meaningful however the importer or exporter must comments are incorporated into the dialogue on issues of mutual state and be able to provide evidence to show that status review report and this document. Federal interest, this proposed rule will the parts meet the criteria of ESA Prior to a final listing, we will solicit the be given to the relevant governmental section 9(b)(1) (i.e., held in a controlled expert opinions of several qualified agencies in the countries in which the

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species occurs, and they will be invited (2) Information concerning the threats record keeping requirements, to comment. We will confer with the to the species; Transportation. U.S. Department of State to ensure (3) Taxonomic information on the Dated: October 22, 2013. appropriate notice is given to foreign species; Alan D. Risenhoover, nations within the range of all five (4) Biological information (life Director, Office of Sustainable Fisheries, species. As the process continues, we history, genetics, population performing the functions and duties of the intend to continue engaging in informal connectivity, etc.) Deputy Assistant Administrator for and formal contacts with the U.S. State (5) Efforts being made to protect the Regulatory Programs, National Marine Department, giving careful species throughout their current ranges; Fisheries Service. consideration to all written and oral (6) Information on the commercial For the reasons set out in the comments received. trade of these species; and preamble, 50 CFR part 224 is proposed Public Comments Solicited (7) Historical and current distribution to be amended as follows: and abundance and trends. We intend that any final action We request that all information be PART 224—ENDANGERED MARINE resulting from this proposal will be as accompanied by: (1) Supporting AND ANADROMOUS SPECIES accurate as possible and informed by documentation such as maps, the best available scientific and bibliographic references, or reprints of ■ 1. The authority citation for part 224 commercial information. Therefore, we pertinent publications; and (2) the continues to read as follows: request comments or information from submitter’s name, address, and any Authority: 16 U.S.C. 1531–1543 and 16 the public, other concerned association, institution, or business that U.S.C 1361 et seq. governmental agencies, the scientific the person represents. ■ 2. In § 224.101, paragraph (a), add community, industry, environmental Public hearing requests must be made entries for five species at the end of the groups or any other interested party by December 16, 2013. table to read as follows: concerning this proposed rule. We particularly seek comments containing: List of Subjects in 50 CFR Part 224 § 224.101 Enumeration of endangered (1) Information concerning the Administrative practice and marine and anadromous species. location(s) of any sightings or captures procedure, Endangered and threatened * * * * * of the species; species, Exports, Imports, Reporting and (a) * * *.

Species 1 Citation(s) for crit- Where listed Citation(s) for listing deter- ical habitat des- Common name Scientific name mination(s) ignation(s)

******* Adriatic sturgeon ...... Acipenser naccarii ...... Everywhere Found ...... Insert Federal Register cita- NA tion and date when pub- lished as a final rule]. European sturgeon ...... Acipenser sturio ...... Everywhere Found ...... Insert Federal Register cita- NA tion and date when pub- lished as a final rule]. Chinese sturgeon ...... Acipenser sinensis ...... Everywhere Found ...... Insert Federal Register cita- NA tion and date when pub- lished as a final rule]. Sakhalin sturgeon ...... Acipenser mikadoi ...... Everywhere Found ...... Insert Federal Register cita- NA tion and date when pub- lished as a final rule]. Kaluga sturgeon ...... Huso dauricus ...... Everywhere Found ...... Insert Federal Register cita- NA tion and date when pub- lished as a final rule]. 1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991.

* * * * * [FR Doc. 2013–25358 Filed 10–30–13; 8:45 am] BILLING CODE 3510–22–P

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