Federal Register / Vol. 69, No. 77 / Wednesday, April 21, 2004 / Rules and Regulations 21425 the heading at the beginning of this (2) Reports and data relating to field for these species, have improved the document to find this action in the reports, including dealer reports and hard status of the species and will be Unified Agenda. copy reports; discussed later in this notice. We (3) Reports and data relating to consumer believe that additional conservation List of Subjects in 49 CFR Part 512 complaints; and measures for sturgeon species that have (4) Lists of common green identifiers. Administrative practice and been adopted by the CITES Standing procedure, Confidential business * * * * * Committee will afford further benefits to (c) The Chief Counsel has determined that beluga sturgeon, and other sturgeon information, Freedom of information, the disclosure of the last six (6) characters, Motor vehicle safety, Reporting and when disclosed along with the first eleven species, provided the measures are fully recordkeeping requirements. (11) characters, of vehicle identification implemented and continue to be I In consideration of the foregoing, the numbers reported in information on supported by the CITES community. National Highway Traffic Safety incidents involving death or injury pursuant This rule identifies the beluga sturgeon Administration amends 49 CFR Chapter to the reporting of early warning information as a species in need of conservation; V, Code of Federal Regulations, by requirements of 49 CFR part 579 will implements protective measures by constitute a clearly unwarranted invasion of amending part 512 as set forth below. extending the full protection of the Act personal privacy within the meaning of 5 to the species throughout its range; and U.S.C. 552(b)(6). PART 512—CONFIDENTIAL BUSINESS complements current and future INFORMATION Issued on: April 16, 2004. conservation measures to be undertaken Jeffrey W. Runge, by the species’ range countries, as I 1. The authority for Part 512 recommended by the CITES Standing Administrator. continues to read as follows: Committee. [FR Doc. 04–9005 Filed 4–20–04; 8:45 am] Authority: 49 U.S.C. 322; 5 U.S.C. 552; 49 DATES: BILLING CODE 4910–59–P This rule is effective October 21, U.S.C. 30166, 49 U.S.C. 30167; 49 U.S.C. 2004. 32307; 49 U.S.C. 32505; 49 U.S.C. 32708; 49 ADDRESSES: U.S.C. 32910; 49 U.S.C. 33116; delegation of The complete file for this authority at 49 CFR 1.50. DEPARTMENT OF THE INTERIOR rule is available for inspection, by appointment, during normal business I 2. Revise paragraph (c) of 49 CFR Fish and Wildlife Service hours in the office of the Division of 512.21 to read as follows: Scientific Authority; U.S. Fish and 50 CFR Part 17 Wildlife Service; 4401 North Fairfax § 512.21 How is information submitted Drive; Room 750; Arlington, Virginia pursuant to this part treated once a RIN 1018–AI11 confidentiality determination is made? 22203. Requests for copies of the regulations * * * * * Endangered and Threatened Wildlife and Plants; Final Determination of regarding listed wildlife and inquiries (c) Should the Chief Counsel, after about prohibitions and permits may be considering a petition for Threatened Status for the Beluga Sturgeon (Huso huso) addressed to: Division of Management reconsideration, decide that information Authority, U.S. Fish and Wildlife is not entitled to confidential treatment, AGENCY: Fish and Wildlife Service, Service, 4401 North Fairfax Drive, Room the agency may make the information Interior. 700, Arlington, Virginia 22203, available after twenty (20) working days ACTION: Final rule. (telephone: (703) 358–2104; facsimile: after the submitter has received notice (703) 358–2281). of that decision from the Chief Counsel SUMMARY: We, the U.S. Fish and FOR FURTHER INFORMATION CONTACT: unless the agency receives direction Wildlife Service (Service), determine Robert R. Gabel, Chief, Division of from a court not to release the threatened status for the beluga sturgeon Scientific Authority, at the above information. (Huso huso) under the authority of the address (phone: 703–358–1708). For I 3. Amend Appendix B to Part 512 by Endangered Species Act of 1973 (Act; 16 permitting information, contact: Tim revising the first paragraph to read as U.S.C. 1531 et seq.). The beluga Van Norman, Chief; Branch of Permits- follows: sturgeon is a large fish from which International; Division of Management highly valued beluga caviar is produced. Appendix B to part 512—General Class Authority; U.S. Fish and Wildlife The species’ range was reduced during Determinations Service; 4401 North Fairfax Drive; Room the 20th century, and is now limited to 700; Arlington, Virginia 22203 (phone: The Chief Counsel has determined that the the Caspian and Black Sea Basins. The 703–358–2104). following types of information would species is threatened through habitat SUPPLEMENTARY INFORMATION: presumptively be likely to result in modification and degradation, over- substantial competitive harm if disclosed to exploitation for trade, limited natural Background the public: reproduction, and agricultural and The beluga sturgeon is the largest of industrial pollution. A number of all sturgeon species. Historic reports * * * * * positive conservation measures have indicate that individual fish can reach 6 I 4. Amend Appendix C to Part 512 by been taken for all sturgeon species since meters in length and more than one ton revising paragraphs (a)(2) and (a)(3), by all previously unlisted in weight. It is also considered the most adding a new paragraph (a)(4), and by Acipenseriformes species (sturgeons economically valuable fish in the world, adding a new paragraph (c) to read as and paddlefishes) were added to because the female beluga sturgeon is follows: Appendix II of the Convention on harvested to produce beluga caviar. Appendix C to Part 512—Early International Trade in Endangered Beluga sturgeon are highly vulnerable Warning Reporting Class Species of Wild Fauna and Flora to depletion, due to their unique life- Determinations (CITES) in 1998. The regulatory history characteristics, and because the mechanisms and consequent actions fishery for them targets the reproductive (a) * * * that have been implemented by CITES segment of the population. The species (1) * * * Parties, including the range countries is long-lived and slow to mature. VerDate mar<24>2004 16:07 Apr 20, 2004 Jkt 203001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\21APR1.SGM 21APR1 21426 Federal Register / Vol. 69, No. 77 / Wednesday, April 21, 2004 / Rules and Regulations Although estimates indicate that the decreasing (Hensel and Holcik 1997). and we also extended the period to oldest fish currently harvested are 50– Within one decade, annual Danube produce a final determination by 6 55 years of age, with an average age of River beluga sturgeon harvest declined months, to January 31, 2004 (68 FR less than 35 years, during the early 20th to12.7 tons, indicative of the dams’ 39507). This extension was made for the century 100-year-old beluga sturgeon effect on spawning sturgeon populations purpose of soliciting additional were commonly taken in the northern (Bacalbasa-Dobrovici 1997b). population data and comments Caspian Sea (Khodorevskaya et al. The eradication of centralized control regarding the stock-assessment survey, 2000). On average, beluga sturgeon of the fishery in the northern Caspian as specified under section 4(b)(6)(B)(i) mature between 10 and 16 years of age Sea after the dissolution of the Soviet of the Act. We also submitted the report for males, and between 14 and 20 years Union, and persistent high demand for for independent peer review. The public for females (Hochleithner and Gessner beluga caviar, led to expansion of illegal comment period closed on September 2, 1999). Male beluga sturgeon spawn only harvest of the species and the growth of 2003. All comments and information once every 4–7 years, whereas females an illicit worldwide trade network to received during this and the previous reproduce once every 4–8 years supply the demand. Enforcement has two comment periods were considered (Raspopov 1993). Fecundity in adult been difficult due to a lack of financial in our final listing determination and female beluga sturgeon increases with resources to supply adequate boats, are included in the administrative age; individual fish will produce a equipment, and salaries for conservation record. greater number of eggs during each officers. Summary of Comments and subsequent spawning run. On average, On December 18, 2000, we received a Recommendations adult female H. huso can produce up to petition to list the beluga sturgeon as 12 percent of their body weight in roe endangered under the Act. On June 20, On July 31, 2002, we announced a (DeMeulenaer and Raymakers 1996). 2002, we published concurrent 90-day proposal to list beluga sturgeon (Huso The historic range of the beluga and 12-month findings on the petition huso) as endangered under the sturgeon formerly encompassed the (67 FR 41918). The 90-day finding Endangered Species Act (67 FR 49657). Caspian Sea, Black Sea, Adriatic Sea, stated that the petition presented All interested parties were requested to Sea of Azov, and all rivers within their substantial information indicating that submit factual reports or information by watersheds (Khodorevskaya et al. 2000). the requested action may be warranted. October 29, 2002, so we could consider Range countries currently include: The 12-month finding stated that the the information in the development of a Azerbaijan, Bulgaria, Croatia, the Czech petitioned action is warranted. final rule. Beluga sturgeon range Republic, Georgia, Hungary, the Islamic Subsequently, on July 31, 2002, we countries, the CITES Secretariat, Federal Republic of Iran, Kazakhstan, the announced a proposal to list the beluga and State agriculture and wildlife Republic of Moldova, Romania, the sturgeon (Huso huso) as endangered agencies, scientific organizations, the Russian Federation, Turkey, under the Act (67 FR 49657).