Special Rule To Control the Trade of Threatened Beluga Sturgeon (Huso huso)

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.