2004 Federal Register, 69 FR 38863; Centralized Library: U.S. Fish and Wildlife Service

[Federal Register: June 29, 2004 (Volume 69, Number 124)]
[Proposed Rules]
[Page 38863-38873]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jn04-32]

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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

[[Page 38864]]

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.

SUPPLEMENTARY INFORMATION:

Background

On April 21, 2004, the Service published a final rule (69 FR 21425)
to list beluga sturgeon, Huso huso, as threatened throughout its range
under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et
seq.). That listing in 50 CFR 17.11 will prohibit all trade (foreign,
international, and interstate) in beluga sturgeon, except as provided
in this special rule. We delayed the effective date of the listing
until October 21, 2004, in order to gather public comments on this
special rule, allow adequate time to address those comments, and
promulgate a final special rule.
The beluga sturgeon is a large fish from which highly valued beluga
caviar is obtained. The species' range was reduced during the 20th
century, and is now limited to the Caspian and Black Sea basins, which
comprise the territorial waters of 11 countries (Azerbaijan, Bulgaria,
Georgia, Iran, Kazakhstan, Moldova, Romania, Russia, Turkey,
Turkmenistan, and Ukraine). Hereafter the term ``Black Sea'' describes
both the Black Sea and Sea of Azov basins, which are connected via the
Kerch Strait. The species is threatened by habitat modification and
degradation, over-exploitation for trade, and limited natural
reproduction. The species has benefited from a number of positive
conservation measures for all Acipenseriformes species (sturgeons and
paddlefishes), which are listed in Appendices I (2 species of
sturgeons) and II (23 species of sturgeons and paddlefishes) of CITES.
Although commercial trade in Appendix-I species is prohibited, CITES
Appendix-II species (such as beluga sturgeon) may be traded
commercially under a system of permits and international cooperation by
the importing and exporting countries.
Over the last several years, the CITES Parties that harvest and
trade in sturgeons and sturgeon products (especially caviar) have been
compelled by other CITES Parties to commit to cooperative quota
setting, better trade controls, and new management systems to help
ensure the species' conservation. We believe that conservation measures
for Caspian Sea and Black Sea sturgeon species (like beluga sturgeon)
that have been required by the CITES Standing Committee could be
effective if fully implemented and expanded upon. We also believe that
the most effective way to motivate range countries to implement these
measures is to allow continued open access to U.S. commercial markets
(currently responsible for 80 percent of beluga caviar trade) while
requiring specific improvements in regional and national management
programs for the species. Therefore, we are proposing this special
rule, as permitted under Section 4(d) of the Act, to permit continued
commercial importation of certain beluga sturgeon products subject to
specific provisions. We believe this special rule is necessary and
advisable for the species' conservation because it: (a) Offers the
greatest incentive for range countries to remain engaged with the
United States in Huso huso recovery and conservation; (b) exceeds the
requirements of CITES for data reporting, management planning, and
research transparency; and (c) will continue to impose requirements on
the range countries after they satisfy current CITES stipulations.

Description of the Special Rule

The purpose of this proposed special rule is to enhance
conservation of wild beluga sturgeon by requiring properly designed and
implemented fishery management programs in the range countries. We
believe that the greatest benefit for the conservation of beluga
sturgeon will be attained through continued involvement with range
countries that have access to our commercial sturgeon markets, and by
conditioning this access on proper management and recovery of wild
populations in their waters. The alternative to this special rule is to
strictly prohibit U.S. trade in beluga sturgeon products, except as
permitted under Section 10 of the Act. We believe this alternative is
less advisable than the special rule for a number of reasons, as
described at the end of the section entitled ``Effects of the Special
Rule.'' We intend to use this special rule to build upon the progress
already made by the range countries in CITES forums, while recognizing
that there are certain data gaps and information and management needs
yet to be filled.
For example, we note that since 2001 the range countries in the
Black Sea and Caspian Sea basins have committed to cooperative
management frameworks, including the Black Sea Sturgeon Management
Group and the Commission on Aquatic Bioresources of the Caspian Sea.
These bodies have set annual quotas for beluga and other sturgeon
species in the two basins, and have representatives from each of the
sturgeon-harvesting and -trading range countries in the respective
regions. Despite the progress made by the range countries, we concur

[[Page 38865]]

with findings of recent reports from the CITES Secretariat (Anonymous,
2002a; 2002b) on problems in national and regional Huso huso
management. These include: (a) The absence of a formal, written
management plan for Caspian Sea and Black Sea beluga sturgeon as called
for in CITES Resolution Conf. 12.7 and Decision 12.50; (b) a lack of
transparency in data analysis and quota setting; (c) continued high
levels of poaching and illegal trade; and (d) a data-poor evaluation of
hatchery protocols and restocking programs. Therefore, for those range
countries wishing to export beluga sturgeon caviar and meat to the
United States, this special rule would require:
1. Submission of basin-wide beluga sturgeon management plans for
the Black Sea and Caspian Sea range countries;
2. Submission of national regulations that implement the basin-wide
cooperative plan mentioned in item 1, including information on hatchery
and restocking protocols and monitoring results;
3. Submission of annual reports documenting management measures in
place and current status of Huso huso in the given country;
4. Labeling of exported, re-exported, and domestically traded
beluga caviar products as per CITES Resolutions and Decisions;
5. Biennial review by the Service of range country management and
restocking programs for beluga sturgeon;
6. Compliance with CITES provisions and recommendations (including
permits) for beluga sturgeon imports into the United States; and
7. Suspension of imports basin-wide or by country if the
conservation status or management approach for Huso huso changes and
compromises the recovery of beluga sturgeon in the wild. See discussion
below for how such a suspension would be imposed.
The trade in caviar and meat taken from wild or hatchery-origin
beluga sturgeon and originating from the range countries would be
exempt from threatened species permits under this special rule. The
current range countries are Azerbaijan, Bulgaria, Georgia, Iran,
Kazakhstan, Moldova, Romania, Russia, Turkey, Turkmenistan, and
Ukraine. For the purposes of this special rule, ``beluga caviar''
refers to processed unfertilized eggs from female Huso huso intended
for human consumption. ``Beluga meat'' refers to excised muscle tissue
of Huso huso destined for human consumption.
This special rule would not exempt from threatened species permit
requirements the international trade in live specimens of beluga
sturgeon, including adults, gametes (eggs or sperm), fingerlings, and
viable eggs. It would not exempt beluga sturgeon or any beluga products
derived from aquaculture or grow-out operations outside the range
countries from the provisions of the Act, which we believe could
undermine the economic incentives for sustainable harvests of wild Huso
huso in the range countries. Furthermore, non-range country aquaculture
of the species, if exempted from provisions of the Act under this
special rule, could utilize Huso huso broodstock from the range
countries without any direct benefit to wild populations. We also
believe that aquaculture or grow-out of foreign sturgeon species in the
United States poses a risk to the recovery efforts for several native
sturgeon species listed under the Act or under interstate recovery
plans. This risk comes from the potential competition between native
sturgeons and unintentionally released fish from facilities culturing
foreign sturgeon and disease transmission from foreign species (ASMFC,
1998; NMFS, 1998; USFWS and GSMFC, 1995). Therefore, import, export,
re-export, or interstate or foreign commerce involving any beluga
sturgeon products that originate from aquaculture operations outside
the range countries would still require a threatened species permit in
addition to any applicable CITES documents (except as provided for
captive-bred wildlife in 50 CFR 17.21(g)).
As per CITES Resolution Conf. 12.9, and existing U.S. policy, this
special rule would allow for the legal importation of personal effects
of caviar. Under Resolution Conf. 12.9, individuals may import up to
250 grams of any Appendix-II Acipenseriformes caviar without a CITES
permit. This allowance would apply in the United States, and
importation of personal effects of beluga caviar (as defined by the
CITES Parties) would not require a threatened species permit under the
Act, if the proposed rule is adopted. However, any trade suspension
administratively implemented under this special rule would also
prohibit the importation of beluga caviar personal effects.
Under the proposed rule we will require the submission of certain
documentation from the range countries, specifically:
1. Within 6 months of the effective date of this special rule, if
adopted, range countries wishing to export beluga caviar and meat to
the United States must submit a written, basin-wide management plan
that addresses Huso huso conservation. This plan must be agreed to by
each country within the range of beluga sturgeon in the relevant basin
(not just exporting nations). Presently, these include Bulgaria,
Georgia, Moldova, Romania, Turkey, and Ukraine in the Black Sea and
Azerbaijan, Iran, Kazakhstan, Russia, and Turkmenistan in the Caspian
Sea. This basin-wide management plan must contain the following
elements:
a. A clear statement of the recovery and management objectives for
the plan, including a specification of the stock(s) concerned, a
definition of what constitutes over-fishing for that stock, and a
rebuilding objective and schedule for that stock;
b. A statement of standard management strategies to be utilized by
the nations involved (e.g., size limits, target harvest rates, quotas,
seasons, fishing gear, or effort caps);
c. A complete statement of the specific regulatory, monitoring, and
research requirements that each cooperating nation must implement to be
in compliance with the management plan;
d. A complete description of how stock survey data and fisheries
data are used to establish annual catch and export quotas, including a
full explanation of any models used and the assumptions underlying
those models;
e. Procedures under which the nations may implement and enforce
alternative management measures that achieve the same conservation
benefits for beluga sturgeon as the standards mentioned in paragraph
(b); and
f. A complete schedule by which nations must take particular
actions to be in compliance with the plan.
The Service's Division of Scientific Authority will immediately
review these basin-wide management plans upon receipt for completeness
and clarity. If any elements of the management plans are missing or
unclear, we will ask the appropriate range states to provide additional
information within 60 days of the date we contact them. If the range
states fail to respond or fail to submit basin-wide management plans by
the specified deadline, or if we are unable to confirm that all range
states are signatories to those plans, we will immediately suspend
trade with all range states in the given basin (Caspian Sea or Black
Sea) until we are satisfied that such management plans exist.
2. Within 6 months of the effective date of this special rule, if
adopted, all range countries wishing to export beluga caviar and meat
to the United States must submit copies of national legislation and
national fishery

[[Page 38866]]

regulations pertaining to the harvest, trade, aquaculture, restocking,
and processing of beluga sturgeon. These laws and regulations must
exhibit clear means to implement the cooperative management plans
mentioned in paragraph 1 above. Upon receipt, the Service's Division of
Scientific Authority will immediately review these laws and regulations
for completeness and clarity. If any elements of the national
legislation or national fishery regulations are missing or unclear, we
will ask the appropriate range states to provide additional information
within 60 days of the date we contact them. If the range states fail to
respond or fail to submit copies of national laws and regulations by
the specified deadline, we will immediately suspend trade with the
given range states until we are satisfied that such laws and
regulations are in effect.
3. No later than November 1, 2005, and every year on that
anniversary, all range states wishing to export beluga sturgeon
products to the United States must submit an annual report to the
Service, if this proposed rule is adopted. This annual report must
contain, at a minimum:
a. A description of the specific fishery regulations that affect
the harvest of Huso huso in the respective range country, with any
changes from the previous year highlighted;
b. A description of any revisions to the cooperative management
program mentioned above, including any new models, assumptions, or
equations used to set harvest and export quotas;
c. Updated time-series of information on beluga sturgeon obtained
from monitoring programs, including estimates of relative or absolute
stock size, fishing mortality, natural mortality, spawning activity,
habitat use, hatchery and restocking programs, or other relevant
subjects;
d. A summary of law enforcement activities undertaken in the last
year, and a description of any changes in programs to prevent poaching
and smuggling;
e. A summary of the revenues generated by the commercial
exploitation of beluga sturgeon in the respective range country, and a
summary of any documented conservation benefits resulting from the
commercial harvest program in that country (e.g., revenues allocated to
hatchery and re-stocking programs or research programs); and
f. Export data for the previous calendar year.
Starting in November 2005, the Service will conduct a review of
information in the annual reports and any other pertinent information
on wild beluga sturgeon conservation if the proposed rule is adopted.
Thereafter, we will continue to conduct these reviews biennially. If
any elements of the annual reports are missing or unclear, the Service
will ask the appropriate range states to provide additional information
within 60 days of the date we contact them. If the range states fail to
respond or fail to submit annual reports by the specified deadline, we
will immediately suspend trade with the given range states. We propose
to use these reviews to determine whether range country management
programs are leading to recovery of wild beluga sturgeon stocks.
Although we have no ability to regulate take or institute recovery
plans for beluga sturgeon in the range countries, we have identified
general short-term and long-term recovery objectives for beluga
sturgeon in the Caspian and Black Seas. These objectives will help us
gauge the efficacy of this special rule, and monitor progress toward
beluga sturgeon restoration in the wild as indicated in the annual
reports mentioned above. The short-term objective is to prevent further
reduction of existing wild populations of beluga sturgeon. Baseline
population indices for each beluga sturgeon stock are under development
(Anonymous, 2002c) or in the planning stages (Anonymous, 2002a; ibid.
2002b), and changes in these indices will be evaluated over 3- to 5-
year periods. The long-term recovery goal for beluga sturgeon is to
establish self-sustaining stocks in the Caspian and Black Sea basins
that can withstand directed fishing pressure. A self-sustaining stock
is one in which the average rate of recruitment to the juvenile stage
at least equals the average mortality rate across the population over a
12- to 17-year period (the period required for beluga sturgeon to reach
maturity).
Based on the biennial review of annual reports, we propose to
administratively suspend or restrict imports of beluga sturgeon
products from the range countries if we determine that wild beluga
sturgeon stock status worsens or threats to the species increase. Trade
restrictions or suspensions may result basin-wide or for specific range
countries under one or more of the following scenarios:
1. Failure to submit any of the reports, legislation, and
management plans described above, or failure to respond to requests for
additional information;
2. A change in regional cooperative management that threatens the
recovery of wild beluga sturgeon;
3. A change in range country laws or regulations that compromises
beluga sturgeon recovery or survival in the wild;
4. Adoption of scientifically unsound hatchery practices or
restocking programs for beluga sturgeon;
5. A decline in wild Huso huso populations, as documented in
national reports outlined above or the scientific literature, that goes
unaddressed by regional or national management programs;
6. Failure to address poaching or smuggling in beluga sturgeon,
their parts, or products in the range countries or re-exporting
countries, as documented in national reports described above or other
law enforcement sources;
7. Failure of the range countries to address the loss of beluga
sturgeon habitat quality or quantity;
8. Failure of the range countries or re-exporting countries to
follow the caviar labeling recommendations of the CITES Parties
(currently embodied in Resolution Conf. 12.7);
9. Recommendations from the CITES Standing Committee to suspend
trade in beluga sturgeon from one or more countries; or
10. Any other natural or human-induced phenomenon that threatens
the survival or recovery of beluga sturgeon.
Under this proposed special rule, if adopted, we will decide
whether to suspend trade in beluga sturgeon products for an entire
basin or on a country-specific basis, including re-exporting countries.
This decision, made by the Service's Division of Scientific Authority
in consultation with relevant experts, will depend on the scope of the
problem observed, the magnitude of the threat to wild beluga sturgeon,
and whether remedial action is necessary at a local, national, or
region-wide scale. Upon determination that a trade restriction or
suspension is necessary, we will publish our findings in the Federal
Register with the following information:
1. The problem(s) identified in the annual reports or other salient
documents.
2. The scope of the problem and the number of nations involved.
3. The scope of the trade restriction or suspension we are
imposing, including products covered, duration of the restriction or
suspension, and criteria for lifting it.
4. How the public can provide input, make comments, and recommend
remedial action to withdraw the trade measures imposed.

Effects of the Special Rule

Consistent with Sections 3(3) and 4(d) of the Act, this proposed
special rule

[[Page 38867]]

would amend 50 CFR 17.44 to allow importation, re-exportation, and
foreign and interstate commerce of beluga sturgeon caviar and meat,
without a threatened species permit otherwise required by 50 CFR part
17, if all requirements of the special rule and 50 CFR part 13 (General
Permit Procedures), part 14 (Importation, Exportation, and
Transportation of Wildlife), and part 23 (Endangered Species
Convention--CITES) are met.
This proposed special rule does not end protection for the species.
For permit exemptions under this special rule, beluga sturgeon caviar
and meat will have to originate from fish taken in range countries that
have complied with the management and reporting requirements mentioned
above, beluga caviar must be labeled as per the recommendations of the
CITES Parties (even for U.S. domestic trade), and all beluga sturgeon
products must be accompanied by valid CITES Appendix-II export permits
or re-export certificates. The special rule will not undermine
conservation efforts for wild beluga sturgeon in the range countries
since import, export, re-export, and interstate and foreign commerce
(involving people under U.S. jurisdiction) in live Huso huso (usually
destined for aquaculture operations outside the range countries) would
still require a threatened species permit. Issuance of these permits is
predicated on some direct benefit to wild populations of beluga
sturgeon in the range countries.
Trade with the United States in beluga sturgeon products will be
allowed only with countries that have designated both a CITES
Management Authority and Scientific Authority, and have not been
identified by the CITES Conference of the Parties, the CITES Standing
Committee, or in a Notification from the CITES Secretariat as countries
from which Parties are asked not to accept shipments of beluga sturgeon
specimens or all CITES-listed species. This restriction will also apply
to intermediary countries that re-export beluga sturgeon to the United
States. The Service's Division of Management Authority will provide on
request a list of those countries that have not designated either a
Management Authority or a Scientific Authority, or that have been
identified as a country from which Parties are asked not to accept
shipments of specimens of any CITES-listed species that would include
beluga sturgeon.
As noted above, this special rule exempts certain trade in beluga
caviar or meat from the issuance of threatened species permits. We will
consider issuing threatened species permits for the import, export, re-
export of, or commerce in, other beluga sturgeon specimens when the
activity enhances the conservation of the species in the wild or the
other criteria for threatened species permits as described in 50 CFR
17.32. In addition, all exports, re-exports, and imports of beluga
sturgeon specimens will require the presentation of valid CITES permits
and certificates as per 50 CFR part 23.
As noted above, the Service's Division of Scientific Authority will
conduct a review beginning in November 2005 and every 2 years
thereafter based on information in the annual reports, and other
available information, to determine whether range country and regional
management programs are effectively achieving conservation benefits for
wild beluga sturgeon populations. Trade restrictions or a trade
suspension could be placed on a range country if the Service's Division
of Scientific Authority administratively determines that the
conservation or management status of beluga sturgeon in that country
has changed such that continued recovery of the species is compromised.
This provision gives the Service the ability to react effectively to
potential conservation concerns that may emerge, such as persistent
high levels of poaching in some areas, or changes in laws or
regulations that appear to be detrimental to the species in the wild,
or the lack of submission of the required annual reports and management
plans.
We believe the issuance of this special rule is necessary and
advisable for the conservation of the species for the following
reasons:
1. Exempting the commercial trade in wild-origin and hatchery-
origin beluga caviar and meat from permit requirements, with
conditions, will expedite transfer of specimens into and out of the
United States without compromising the species' recovery. This
expedited trade offers an incentive to range countries to meet the
requirements in this special rule, which are stricter than those
imposed by CITES and provide more detailed information on stock status
and management measures than CITES reports.
2. Without this special rule, we would prohibit all commercial
trade in beluga caviar and meat unless approved via threatened species
permits and appropriate CITES documentation. Such a restriction could
reasonably be expected to: (a) Hamper or cease multilateral discussions
between the United States and the range countries on beluga sturgeon
conservation; (b) diminish or eliminate the revenue gained from U.S.
beluga caviar markets that is used by range countries to support
recovery programs for the species; (c) re-direct beluga sturgeon
products from monitored international trade into unmonitored domestic
markets; and (d) force us to rely on limited international trade data
when assessing changes in harvest levels and market demand. All of
these outcomes increase the conservation risks for the species while
reducing the amount of data needed for informed decision making at the
regional and international level.
3. Nearly all of the recommendations promulgated by the CITES
Standing Committee for the range countries have been achieved or nearly
achieved, according to the CITES Secretariat. We are unable to predict,
therefore, how the CITES system will require updates and systematic
changes in range country management programs for Huso huso after the
Standing Committee reviews compliance with the 2001 recommendations
(including the so-called ``Paris Agreement'') after 2004. If pressure
from CITES processes abates, this special rule offers our most
promising tool for getting information from the range countries and
influencing the recovery programs for beluga sturgeon throughout its
range.

Comments Solicited

The Service invites comments on this proposed rule. Comments should
be sent to the Service's Division of Scientific Authority (see
ADDRESSES section). Comments must be received by the date specified in
the DATES section above.

Clarity of This Regulation

Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand, including answers to questions such as
the following: (1) Are the requirements in the rule clearly stated? (2)
Does the rule contain technical language or jargon that interferes with
its clarity? (3) Does the format of the rule (grouping or order of
sections, use of headings, paragraphing, etc.) aid or reduce its
clarity? (4) Would the rule be easier to understand if it were divided
into more (but shorter) sections? (5) Is the description of the rule in
the ``Supplementary Information'' section of the preamble helpful in
understanding the proposed rule? What else could we do to make the rule
easier to understand? Send a copy of any comments that concern how we
could make this rule easier to

[[Page 38868]]

understand to Office of Regulatory Affairs, Department of the Interior,
Room 7229, 1849 C Street, NW., Washington, DC 20240. You also may e-
mail the comments to Exsec@ios.doi.gov.

Required Determinations

A Record of Compliance was prepared for this proposed rule. A
Record of Compliance certifies that a rulemaking action complies with
the various statutory, Executive Order, and Department Manual
requirements applicable to rulemaking. Without this proposed special
rule, individuals subject to the jurisdiction of the United States
would be prohibited from engaging in domestic, foreign, and
international trade in beluga sturgeon meat and caviar except as
permitted by Section 10 of the Act. Without this rule, anyone engaging
in those activities would need to seek an authorization from us through
a permit under section 10(a) of the Act. This process takes time and
can involve an economic cost. The rule would allow these individuals to
avoid the costs associated with abstaining from conducting these
activities or with seeking a threatened species permit from us. These
economic benefits, while important, do not rise to the level of
``significant'' under the following required determinations.

Regulatory Planning and Review

In accordance with the criteria in Executive Order 12866, the
Office of Management and Budget has determined that this rule is not a
significant regulatory action. This rule would not have an annual
economic impact of more than $100 million, or significantly affect any
economic sector, productivity, jobs, the environment, or other units of
government. This rule would reduce the regulatory burden of the listing
of the beluga sturgeon under the Act as a threatened species by
providing certain exemptions to the section 9 prohibitions. These
exemptions would reduce the economic costs of the listing; therefore,
the economic effect of the rule would benefit citizens and the economy.
This effect does not rise to the level of ``significant'' under
Executive Order 12866. This rule will not create inconsistencies with
other Federal agencies' actions. Other Federal agencies would be mostly
unaffected by this proposed rule. This rule will not materially affect
entitlements, grants, user fees, loan programs, or the rights and
obligations of their recipients. Because this rule would allow
individuals to continue otherwise prohibited activities without first
obtaining individual authorization, the rule's impacts on affected
individuals would be positive. This rule will not raise novel legal or
policy issues. We have previously promulgated section 4(d) rules for
other species.

Regulatory Flexibility Act

We have determined that this rule would not have a significant
economic effect on a substantial number of small entities as defined
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). An initial
regulatory flexibility analysis is not required, and a Small Entity
Compliance Guide is not required. To assess the effects of the rule on
small entities, the Service focused on the caviar import, re-export,
and aquaculture industries in the United States because these are the
entities most likely to be affected by the rule, particularly those
engaged in beluga caviar importation, production, and distribution in
the United States. In 2002, the most recent year for which we have
import data, 15 businesses accounted for all of the foreign-source
sturgeon caviar legally imported into the United States. It is possible
that some of these businesses did not trade in beluga sturgeon. In
those 15, the 10 largest importers accounted for 94 percent of all
imported caviar (by weight), while the top 6 importers accounted for 85
percent of the U.S. trade (by weight). Illegal imports are not readily
quantifiable, and were not addressed further in our analysis.
According to our analysis, no U.S. entities are involved in the
commercial aquaculture of pure (i.e., non-hybridized) H. huso products
such as caviar and meat. However, at least one U.S. institution is
conducting feasibility studies on the commercial aquaculture of hybrid
``bester'' sturgeon products. This type of aquaculture utilizes live
beluga sturgeon and live sterlet (Acipenser ruthenus) to produce caviar
in controlled, ex situ environments. Neither the threatened listing for
beluga sturgeon nor the special rule affects trade in bester sturgeon
products directly. However, there may be certain amounts of live beluga
sturgeon required by these entities from the range countries. Given the
apparently limited aquaculture use of beluga sturgeon, the section 9
prohibition on trade in live and aquacultured beluga sturgeon should
have no significant economic impact in U.S. markets.

Small Business Regulatory Enforcement Fairness Act

This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule would not have
an annual effect on the economy of $100 million or more; would not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and would not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
United States-based enterprises to compete with foreign-based
enterprises.
The Service examined each of the four exemptions of the Act's
section 9 trade prohibitions that would be created by the special rule
(import, re-export, interstate commerce, and foreign commerce). We
determined that the foreign commerce exemption would have little or no
economic effect (i.e., would not ease any significant cost that would
have been imposed by section 9, without the rule). In foreign
countries, this exemption would allow individuals and businesses
subject to U.S. jurisdiction to engage in commerce involving beluga
sturgeon products originating from range countries without the need for
threatened species permits. We are not aware of such commerce
currently, and therefore this exemption would create minimal benefits.
The Service also examined the impact of the special rule on import,
re-export, and interstate commerce in beluga sturgeon products
originating from a range country. This exemption would not have
significant economic effects in regard to scientific samples or
personal effects moving in and out of the United States, given our
recorded low volume of such transactions. However, this exemption would
create significant benefits to beluga sturgeon traders commercially
importing, re-exporting, and selling (across State lines) beluga
sturgeon caviar and meat originating from the range countries. Without
the rule, section 9 would prevent all current import, re-export, and
interstate commerce, and traders would receive no income from lucrative
U.S. markets for beluga sturgeon meat or caviar. With the rule, this
international and interstate commerce could continue with an estimated
annual net income of $16 million to $39 million per year for the
traders, a beneficial effect of the rule.

Unfunded Mandates Reform Act

In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501,
et seq.,) this rule would not impose an unfunded mandate on State,
local, or tribal governments or the private sector of more than $100
million per year. This rule would not have a significant or unique
effect on State, local, or tribal

[[Page 38869]]

governments or the private sector. A Small Government Agency Plan is
not required.

Takings

In accordance with Executive Order 12630, this rule does not have
significant takings implications. By reducing the regulatory burden
placed on affected individuals resulting from the listing of the beluga
sturgeon as a threatened species, this rule would reduce the likelihood
of potential takings. Affected individuals would have more freedom to
pursue activities (i.e., import and re-export) involving beluga
sturgeon without first obtaining individual authorization.

Federalism

In accordance with Executive Order 13132, this rule does not have
sufficient federalism implications to warrant the preparation of a
federalism assessment.

Civil Justice Reform

In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Executive Order.

Paperwork Reduction Act

Office of Management and Budget (OMB) regulations at 5 CFR 1320
implement provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.). The OMB regulations at 5 CFR 1320.3(c) define a ``collection of
information'' as the obtaining of information by or for an agency by
means of identical questions posed to, or identical reporting,
recordkeeping, or disclosure requirements imposed on, 10 or more
persons. Furthermore, 5 CFR 1320.3(c)(4) specifies that ``10 or more
persons'' refers to the persons to whom a collection of information is
addressed by the agency within any 12-month period. For purposes of
this definition, employees of the Federal Government are not included.
A Federal agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number.
This rule refers to CITES permits required for the export to the
United States of beluga sturgeon caviar and meat. Our CITES permit
applications are already approved by OMB under OMB control number 1018-
0093, which expires May 31, 2004. OMB is currently reviewing our
request to renew the approval for OMB control number 1018-0093 for
another 3 years.
In addition, this rule would newly require certain other
information, including national management plans, national regulations,
annual reports, and labeling of shipments, to be provided to the
Service by countries wishing to export beluga sturgeon products to the
United States. The new information requirements do not, however,
require OMB approval under the Paperwork Reduction Act, as explained
below.
Although we identify 11 countries in the current biological range
of the beluga sturgeon, only 7 of these countries (Azerbaijan,
Bulgaria, Iran, Kazakhstan, Romania, Russia, and Turkmenistan)
currently have a national program to commercially harvest and export
beluga sturgeon. In addition, Serbia and Montenegro (a federation
bordering the Adriatic Sea) routinely declare catch and export quotas
for beluga sturgeon, but the species is considered extirpated from the
Adriatic Sea. Therefore, only those 7 countries with existing national
harvest programs would be able to provide the information required by
this rule to the Service. As such, the threshold of 10 or more
respondents per year is not met, and OMB approval is not required. If,
in the future, additional countries develop national programs to
commercially harvest and export beluga sturgeon, and it therefore
becomes necessary to collect information from 10 or more respondents
per year, we will first obtain information collection approval from
OMB.

National Environmental Policy Act

We have analyzed this rule in accordance with the criteria of the
National Environmental Policy Act of 1969 (NEPA), and have determined
that this rule does not constitute a major Federal action significantly
affecting the quality of the human environment within the meaning of
Section 102(2)(C) of the NEPA, and it would not involve unresolved
conflicts concerning alternative uses of available resources (516 DM
2.3A). Therefore, this rule is categorically excluded under 516 DM 2,
Appendix 1.10.

Government-to-Government Relationship With Tribes

In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations With Native American Tribal
Governments'' (59 FR 22951) and E.O. 13175, we have evaluated possible
effects on federally recognized Indian Tribes. We have determined that,
because no Indian trust resources occur within the range of the beluga
sturgeon, this rule would have no effects on federally recognized
Indian Tribes.

Executive Order 13211

We have evaluated this proposed rule in accordance with E.O. 13211
and have determined that this rule would have no effects on energy
supply, distribution, or use. Therefore, this action is not a
significant energy action, and no Statement of Energy Effects is
required.

Literature Cited

Anonymous, 2002a. Caspian Sea sturgeons. Interpretation and
implementation of the Convention, significant trade in Appendix-II
species. 47th meeting of the Standing Committee, 1-2 November 2002;
Santiago, Chile. SC47 Doc. 11.
Anonymous, 2002b. Conservation of Acipenseriformes; implementation
of Decisions 11.59 and 11.152. Notification to the Parties 2002/012.
6 March 2002; Geneva, Switzerland.
Anonymous, 2002c. Report on results of complex interstate all-
Caspian Sea expedition on the assess of sturgeon species stocks.
FSUI CaspNIRKh, Atyrau branch of KazNIRKh, AzerNIRKh, State Fishery
Department of Turkmenistan, Iran Scientific Research Center
(Shilat). Astrakhan, 2002.
ASMFC, 1998. Amendment 1 to the interstate fishery management plan
for Atlantic sturgeon. Fishery management report no. 31 of the
Atlantic States Marine Fisheries Commission. July 1998. 43 pp.
NMFS, 1998. Final recovery plan for the shortnose sturgeon,
Acipenser brevirostrum. December 1998. U.S. Department of Commerce,
National Oceanic and Atmospheric Administration, National Marine
Fisheries Service. 104 pp.
USFWS and GSMFC, 1995. Gulf sturgeon recovery plan. U.S. Fish and
Wildlife Service and Gulf States Marine Fisheries Commission.
Atlanta, Georgia. 170 pp.

Author

The primary author of this rule is John Field, Division of
Scientific Authority, 4401 North Fairfax Drive, Room 750, U.S. Fish and
Wildlife Service, Arlington, VA 22203 [telephone, 703-358-1708].

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

For the reasons stated in the preamble, the Service hereby proposes
to amend part 17, subpart B of chapter I, title 50 of the Code of
Federal Regulations, as set forth below:

PART 17-- [AMENDED]

1. The authority citation for part 17 continues to read as follows:

[[Page 38870]]

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. In Sec. 17.11(h) revise the entry for the ``Sturgeon, beluga,''
under ``Fishes,'' on the List of Endangered and Threatened Wildlife to
read as follows:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *
(h) * * *

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Species
------------------------------------ Historic Range Vertebrate population where Status When Critical Special
Common name Scientific name endangered or threatened listed habitat rules
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
FISHES

* * * * * * *
Sturgeon, beluga. Huso huso....... Azerbaijan, Entire........................... T..................................................................................................... 743....... NA........ 17.44 (y)
Bulgaria, Croatia,
Czech Republic,
Georgia, Hungary,
Islamic Republic of
Iran, Kazakhstan,
Republic of
Moldova, Romania,
Russian Federation,
Turkey,
Turkmenistan,
Ukraine, Yugoslavia
(Caspian Sea, Black
Sea, Adriatic Sea,
Sea of Azov, and
all rivers in their
watersheds).
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

3. Amend Sec. 17.44 by adding paragraph (y) to read as follows:

Sec. 17.44 Special rules--fishes.

* * * * *
(y) Beluga sturgeon. This paragraph applies to the threatened
beluga sturgeon (Huso huso).
(1) How are various terms defined in this special rule? In addition
to the definitions specified in Sec. 10.12 of subchapter B of this
chapter, we define certain terms that specifically apply to the beluga
sturgeon trade and this special rule as follows:
Aquacultured beluga sturgeon products. Eggs, larvae, fingerlings,
or other products derived from Huso huso bred in captivity or grown in
captivity for commercial purposes.
Beluga caviar. Processed unfertilized eggs from female Huso huso
intended for human consumption, including products containing such eggs
(e.g., cosmetics).
Beluga meat. Excised muscle tissue of Huso huso destined for human
consumption.
Black Sea. The contiguous waters of the Black Sea and the Sea of
Azov.
CITES. The Convention on International Trade in Endangered Species
of Wild Fauna and Flora.
Hatchery-origin beluga sturgeon. Specimens of Huso huso bred in
captivity solely in the range countries, primarily for reintroduction
and stock enhancement purposes.
Live beluga sturgeon. Any living specimen of Huso huso, including
viable unfertilized or fertilized eggs, adults, fingerlings, and
juveniles.
Range countries. Azerbaijan, Bulgaria, Georgia, Iran, Kazakhstan,
Moldova, Romania, Russia, Turkey, Turkmenistan, and Ukraine.
Re-export. Export of beluga sturgeon specimens that were previously
imported.
Wild beluga sturgeon. Specimens of Huso huso born and reared in the
natural marine environment within the current or former geographic
range of the species.
(2) What activities involving beluga sturgeon are prohibited by
this rule?
(i) International trade in beluga sturgeon. Except as provided in
paragraph (y)(3) of this section, all prohibitions and provisions of
Sec. 17.31(a) apply to the international trade in beluga sturgeon,
including its parts and derivatives. This rule provides no exemption to
the prohibitions and provisions of Sec. 17.32 for aquacultured beluga
sturgeon products produced outside the range countries or live beluga
sturgeon.
(ii) Trade without CITES documents. Except as provided in paragraph
(y)(3) of this section, you may not import, export, or re-export, or
present for export or re-export beluga sturgeon or beluga sturgeon
products without valid CITES permits and other permits and licenses
issued under parts 13, 17, and 23 of this chapter.
(iii) Commercial activity. Except as provided in paragraph (y)(3)
of this section and Sec. 17.32, you may not sell or offer for sale,
deliver, receive, carry, transport, or ship in interstate or foreign
commerce in the course of a commercial activity any beluga sturgeon or
beluga sturgeon products.
(iv) It is unlawful for any person subject to the jurisdiction of
the United States to commit, attempt to commit, solicit to commit, or
cause to be committed any acts described in paragraphs (y)(2)(ii) and
(iii) of this section.
(3) What activities are exempted from threatened species permits by
this rule?
(i) Import, re-export, and interstate commerce involving certain
caviar and meat obtained from beluga sturgeon. You may import, re-
export, or conduct interstate or foreign commerce in beluga sturgeon
caviar and meat without a threatened species permit issued according to
Sec. 17.32 only if the caviar and meat are derived from wild or
hatchery-origin beluga sturgeon that were caught and processed in the
range countries. Also, the provisions in parts 13, 14, and 23 of this
chapter and the following requirements must be met:
(A) Any beluga caviar must comply with all CITES labeling
requirements, as defined in relevant Resolutions or Decisions of the
Conference of the Parties, including beluga caviar in interstate
commerce in the United States. All individuals or businesses in the
United States wishing to engage in interstate domestic commerce of
beluga sturgeon caviar must follow the CITES caviar labeling
requirements.
(B) The shipment must be accompanied by a valid CITES permit or
certificate.
(C) For each shipment covered by this exception, the country of
origin and each country of re-export, and the country of import
involved in the trade of a particular shipment, must have designated
both a CITES Management Authority and Scientific Authority, and have
not been identified by the CITES Conference of the Parties, the CITES
Standing Committee, or in a Notification from the CITES Secretariat as
a country

[[Page 38871]]

from which Parties should not accept permits for beluga sturgeon or all
CITES-listed species in general.
(D) The range country from which the beluga sturgeon caviar or meat
originated has complied with all of the requirements shown in paragraph
(y)(4) of this section, and none of the exporting, importing, or re-
exporting countries involved in the commercial activity has been
subject to an administrative trade restriction or suspension as
outlined in paragraphs (y)(5) and (6) of this section.
(ii) Import and re-export of noncommercial personal or household
effects. Article VII(3) of the CITES Convention recognizes a limited
exemption for the international movement of personal and household
effects, including specimens of beluga sturgeon.
(A) Stricter national measures. The exemption for personal and
household effects does not apply if a country prohibits or restricts
the import, export, or re-export of the item.
(1) You or your shipment must be accompanied by any document
required by a country under its stricter national measures.
(2) In the United States, you must obtain any permission needed
under other regulations in this subchapter.
(B) Required CITES documents. You must obtain a CITES document for
personal or household effects and meet the requirements of this part if
one of the following applies:
(1) The Management Authority of the importing, exporting, or re-
exporting country requires a CITES document.
(2) You or your shipment does not meet all of the conditions for an
exemption as provided in paragraphs (y)(3)(ii)(C) through (E) of this
section.
(3) The personal or household effect exceeds 250 grams of beluga
caviar. To import or re-export more than 250 grams, you must have a
valid CITES document for the entire quantity.
(C) Personal effects. You do not need a CITES document to import or
re-export any part, product, derivative, or manufactured article of a
legally acquired beluga sturgeon specimen to or from the United States
if all of the following conditions are met:
(1) No living beluga sturgeon is included.
(2) You personally own and possess the item for noncommercial
purposes, including any item intended as a personal gift.
(3) The item and quantity of items are reasonably necessary or
appropriate for the nature of your trip or stay.
(4) You are either wearing the item as clothing or an accessory or
taking it as part of your personal baggage, which is being carried by
you or checked as baggage on the same plane, boat, car, or train as
you.
(5) The item was not mailed or shipped separately.
(D) Household effects. You do not need a CITES document to import
or re-export any part, product, derivative, or manufactured article of
a legally acquired beluga sturgeon specimen that is part of a shipment
of your household effects when moving your residence to or from the
United States, if all of the following conditions are met:
(1) No living beluga sturgeon is included.
(2) You personally own the item and are moving it for noncommercial
purposes.
(3) The item and quantity of items are reasonably necessary or
appropriate for household use.
(4) You import or re-export your household effects within 1 year of
changing your residence from one country to another.
(5) The shipment, or shipments if you cannot move all of your
household effects at one time, contains only items purchased,
inherited, or otherwise acquired before you moved your residence.
(E) Trade restrictions. Regardless of the provisions above for
personal and household effects, any trade suspension or trade
restriction administratively imposed by the Service under paragraphs
(y)(5) or (6) of this section could also apply to personal and
household effects of beluga caviar.
(4) What must beluga sturgeon range countries do to be authorized
under the special rule to export to the United States? The following
requirements apply to the range countries wishing to export beluga
caviar or beluga meat to the United States without the need for a
threatened species permit issued under Sec. 17.32. These requirements
apply to all shipments of beluga caviar and beluga meat that originate
in the range countries, even if the shipments are re-exported to the
United States via an intermediary country. (See paragraph (y)(6) of
this section for more information on the Service's biennial reviews
under the special rule.)
(i) Basin-wide beluga sturgeon management plans. By [insert date 6
months after the effective date of this special rule], each range
country wishing to export beluga caviar or beluga meat to the United
States without the need for a threatened species permit issued under
Sec. 17.32 must submit a copy of a cooperative management plan for
their respective basin (i.e., Black Sea or Caspian Sea) that addresses
Huso huso conservation. Each of these two basin-wide management plans
must be agreed to by all of the range countries (not just exporting
nations) in the Black Sea or the Caspian Sea, as appropriate. Upon
receipt, the Service's Division of Scientific Authority will
immediately review these basin-wide management plans for completeness
and clarity. If any elements of the management plans are missing or
unclear, we will ask the appropriate range states to provide additional
information within 60 days of the date we contact them. If the range
states fail to respond or fail to submit basin-wide management plans by
the specified deadline, or if we are unable to confirm that all range
states are signatories to those plans, we will immediately suspend
trade with all range states in the given basin (Caspian Sea or Black
Sea) until we are satisfied that such management plans exist.
Submission of documents in English may help expedite the Service's
review. These cooperative management plans must contain the following
elements:
(A) A clear statement of the recovery and management objectives of
the plan, including a specification of the stock(s) concerned, a
definition of what constitutes over-fishing for that stock, and a
rebuilding objective and schedule for that stock;
(B) A statement of standard regulations (e.g., size limits, target
harvest rates, quotas, seasons, fishing gear, or effort caps) to be
utilized by the nations involved;
(C) A complete statement of the specific regulatory, monitoring,
and research requirements that each cooperating nation must implement
to be in compliance with the management plan;
(D) A complete description of how stock survey data and fisheries
data are used to establish annual catch and export quotas, including a
full explanation of any models used and the assumptions underlying
those models;
(E) Procedures under which the nations may implement and enforce
alternative management measures that achieve the same conservation
benefits for beluga sturgeon as the standards mentioned in paragraph
(y)(4)(i)(B) of this section; and
(F) A complete schedule by which nations must take particular
actions to be in compliance with the plan.
(ii) National regulations. By [insert date 6 months after the
effective date of this special rule], each range country wishing to
export beluga caviar or beluga meat to the United States under this
special rule must provide us with copies of national legislation and

[[Page 38872]]

regulations that implement the basin-wide cooperative management plan
described in paragraph (y)(4)(i) of this section, including regulations
pertaining to the harvest, trade, aquaculture, restocking, and
processing of beluga sturgeon. Upon receipt, the Service's Division of
Scientific Authority will immediately review these basin-wide
management plans for completeness and clarity. If any elements of the
national legislation or national fishery regulations are missing or
unclear, we will ask the appropriate range states to provide additional
information within 60 days of the date we contact them. If the range
states fail to respond or fail to submit copies of national laws and
regulations by the specified deadline, we will immediately suspend
trade with the given range states until we are satisfied that such laws
and regulations are in effect. Submission of documents in English may
help expedite the Service's review.
(iii) Annual report. Range country governments wishing to export
specimens of beluga sturgeon caviar or meat to the United States under
this special rule will need to provide an annual report containing the
most recent information available on the status of the species,
following the information guidelines specified below. The Service must
receive the first annual report no later than November 1, 2005, and
every year thereafter on the anniversary of that date. Starting in
November 2005, and thereafter on a biennial basis, the Service will
conduct a review of information in the annual reports and any other
pertinent information on wild beluga sturgeon conservation. If any
elements of the annual reports are missing or unclear, the Service will
ask the appropriate range states to provide additional information
within 60 days of the date we contact them. If the range states fail to
respond or fail to submit annual reports by the specified deadline, we
will immediately suspend trade with the given range states. Submission
of documents in English may help expedite the Service's review. We
propose to use these reviews to determine whether range country
management programs are leading to recovery of wild beluga sturgeon
stocks. For each range country, the following information must be
provided in the annual report:
(A) A description of the specific fishery regulations that affect
the harvest of Huso huso in the respective range country, with any
changes from the previous year highlighted;
(B) A description of any revisions to the cooperative management
program mentioned in paragraph (y)(4)(i) of this section, including any
new models, assumptions, or equations used to set harvest and export
quotas;
(C) New information obtained in the last year on beluga sturgeon
distribution, stock size, models used for quota-setting, spawning
activity, habitat use, hatchery programs and results, or other relevant
subjects;
(D) A summary of law enforcement activities undertaken in the last
year, and a description of any changes in programs to prevent poaching
and smuggling;
(E) A summary of the revenues generated by the commercial
exploitation of beluga sturgeon in the respective range country, and a
summary of any documented conservation benefits resulting from the
commercial harvest program in that country (e.g., revenues allocated to
hatchery/re-stocking programs or research programs); and
(F) Export data for the previous calendar year.
(iv) Caviar labeling. All caviar shipments imported into the United
States must follow the CITES caviar labeling requirements as agreed to
in the relevant Resolutions and Decisions of the CITES Parties.
(v) CITES compliance. Except as provided in paragraph (y)(3)(ii) of
this section, all shipments of beluga sturgeon specimens, including
those exempted from threatened species permits under this special rule,
will require accompanying valid CITES permits and certificates.
(vi) Initial reporting period. Until [insert date 6 months after
the effective date of this rule], no threatened species permits will be
required for the import, re-export, or interstate or foreign commerce
of beluga sturgeon caviar and meat that originated in the range
countries, in order to provide the range countries time to submit the
required documentation. After this 6-month period, the exemption from
threatened species permits will continue only under the terms and
conditions specified in paragraphs (y)(4)(i) through (v) of this
section.
(5) How will the Service inform the public of CITES restrictions in
trade of beluga sturgeon? We will issue an information bulletin that
identifies a restriction or suspension of trade in specimens of beluga
sturgeon and post it on our websites (http://le.fws.gov and http://international.fws.gov
) and at our staffed wildlife ports of entry if
any criterion in paragraphs (y)(5)(i) or (ii) of this section is met:
(i) The country is listed in a Notification to the Parties by the
CITES Secretariat as lacking a designated Management Authority or
Scientific Authority for the issuance of valid CITES documents or their
equivalent.
(ii) The country is identified in any action adopted by the
Conference of the Parties to the Convention, the Convention's Standing
Committee, or in a Notification issued by the CITES Secretariat, as a
country from which Parties are asked not to accept shipments of
specimens of beluga sturgeon or all CITES-listed species. A listing of
all countries that have not designated both a Management Authority and
Scientific Authority, or that have been identified as a country from
which Parties should not accept permits, is available by writing to:
Division of Management Authority, U.S. Fish and Wildlife Service, 4401
N. Fairfax Drive, Room 700, Arlington, VA 22203.
(6) How will the Service set trade restrictions or prohibitions
under the special rule? The Service's Division of Scientific Authority
will conduct a biennial review of beluga sturgeon conservation based on
information in the cooperative basin-wide management plans, national
regulations and laws, and annual reports (submitted as per paragraph
(y)(4) of this section). We will combine that review with a review of
other relevant sources (e.g., scientific literature, law enforcement
data, government-to-government consultations) to determine whether
range country management programs are effectively achieving
conservation benefits for beluga sturgeon. Based on this information,
or the failure to obtain it, the Service may restrict trade from a
range country, a re-exporting intermediary country, or an entire basin
(i.e., the Caspian Sea or Black Sea) if we determine that the
conservation or management status of beluga sturgeon has changed and
the continued recovery of beluga sturgeon in that country or basin may
be compromised. The decision to restrict trade in beluga sturgeon
products on a national, basin, or region-wide scale will depend on the
scope of the problem observed, the magnitude of the threat to wild
beluga sturgeon, and whether remedial action is necessary at a
national, basin, or region-wide scale.
(i) Trade restrictions or suspensions may result basin-wide or for
specific range countries under one or more of the following scenarios:
(A) Failure to submit any of the reports, legislation, and
management plans described above, or failure to respond to requests for
additional information;

[[Page 38873]]

(B) A change in regional cooperative management that threatens the
recovery of wild beluga sturgeon;
(C) A change in range country laws or regulations that compromises
beluga sturgeon recovery or survival in the wild;
(D) Adoption of scientifically unsound hatchery practices or
restocking programs for beluga sturgeon;
(E) A decline in wild Huso huso populations, as documented in
national reports outlined above or the scientific literature, that goes
unaddressed by regional or national management programs;
(F) Failure to address poaching or smuggling in beluga sturgeon,
their parts, or products in the range countries or re-exporting
countries, as documented in national reports described above or other
law enforcement sources;
(G) Failure of the range countries to address the loss of beluga
sturgeon habitat quality or quantity;
(H) Failure of the range countries or re-exporting countries to
follow the caviar labeling recommendations of the CITES Parties
(currently embodied in Resolution Conf. 12.7);
(I) Recommendations from the CITES Standing Committee to suspend
trade in beluga sturgeon from one or more countries; or
(J) Any other natural or human-induced phenomenon that threatens
the survival or recovery of beluga sturgeon.
(ii) We will publish an information notice in the Federal Register
if the Service's Division of Scientific Authority administratively
suspends or restricts imports of beluga sturgeon products from the
range countries or re-exports of beluga sturgeon products from the
United States after determining that wild beluga sturgeon stock status
worsens or threats to the species increase.

Dated: June 22, 2004.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 04-14795 Filed 6-25-04; 11:50 am]

BILLING CODE 4310-55-P