Federal Register Notice:

Control Trade of Beluga Sturgeon


[Federal Register: June 29, 2004 (Volume 69, Number 124)]
[Proposed Rules]               

[Page 38863-38873]

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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AT54
 
Endangered and Threatened Wildlife and Plants; Special Rule To 
Control the Trade of Threatened Beluga Sturgeon (Huso huso)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are 
proposing to establish a special rule under Section 4(d) of the 
Endangered Species Act of 1973, as amended (Act), to exempt the 
international, foreign, and interstate commerce in certain beluga 
sturgeon (Huso huso) products from threatened species permits normally 
required under 50 CFR 17.32. Beluga sturgeon occur in the Caspian and 
Black Seas, and are found in the territorial waters of 11 countries 
(i.e., the range countries). Over-harvest, severe habitat degradation, 
and other factors have led to the listing of beluga sturgeon as 
threatened throughout its range under the Act and in Appendix II of the
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora (CITES). In our final listing rule, we delayed the effective 
date of the threatened listing for 6 months in order to promulgate a 
4(d) rule. After the listing becomes effective, the Act will prohibit 
all trade (foreign, international, and interstate) in beluga sturgeon 
and beluga sturgeon products, except as provided in the special rule or 
with permits under the provision of Section 10 of the Act. This 
proposed special rule initially allows range countries 6 months from 
the rule's effective date to submit a suite of reports and management 
measures to us for review. During this initial waiting period, imports, 
re-exports, and interstate and foreign commerce of certain beluga 
sturgeon products will continue without a requirement for threatened 
species permits. This is intended to provide the range countries time 
to submit the required documents. CITES documentation will still be 
required.

    Under this proposed rule, beluga caviar and beluga sturgeon meat 
originating from wild-caught fish or range country hatcheries may be 
transferred into and out of the United States without threatened 
species permits. We will also exempt interstate and foreign commerce in 
these products from permit requirements, if that trade occurs in the 
United States or involves U.S. citizens. However, after an initial 6 
months of information gathering in the range states, these exemptions 
will occur only after the range countries have fulfilled certain 
requirements as described below. In addition, all relevant provisions 
of CITES will continue to govern the international trade in all beluga 
sturgeon products. We are proposing to allow this conditional trade to 
promote effective conservation of Huso huso in the range countries, 
through demonstrable law enforcement and cooperative management 
activities.

DATES: Comments must be received by July 29, 2004. Public hearing 
requests must be received by July 14, 2004.

ADDRESSES: Submit any comments, information, and questions by mail
to  the Chief, Division of Scientific Authority, U.S. Fish and Wildlife 
Service, 4401 N. Fairfax Drive, Room 750, Arlington, Virginia 22203, or 
by fax, 703-358-2276, or by e-mail, Scientificauthority@fws.gov. 

Comments and supporting information will be available for public 
inspection, by appointment, from 8 a.m. to 4 p.m. at the above address.

FOR FURTHER INFORMATION CONTACT: John Field at the above address,
or by phone, 703-358-1708; fax, 703-358-2276; or e-mail, 
Scientificauthority@fws.gov  .

For detailed SUPPLEMENTARY INFORMATION: Go to the 
Federal Register Online