[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Notices]
[Pages 57316-57317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19580]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Endangered and Threatened Wildlife and Plants; Notice of
Suspension of Trade in Threatened Beluga Sturgeon (Huso huso) From the
Caspian Sea Basin
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: We, the Fish and Wildlife Service (Service), give notice that
we are suspending import of and foreign commerce in beluga sturgeon
(Huso huso) caviar and meat originating in the Caspian Sea littoral
states of Azerbaijan, the Islamic Republic of Iran, Kazakhstan, the
Russian Federation, and Turkmenistan effective immediately. This
suspension includes shipments that have been exported directly from
these countries, re-exported through an intermediary country, or
transported as personal or household effects, and it prohibits foreign
commerce in the course of a commercial activity. We are taking this
action under the special rule that was promulgated to control the trade
of threatened beluga sturgeon (Huso huso) (70 FR 10493; March 4, 2005).
Interstate commerce in beluga sturgeon caviar or meat from the Caspian
Sea basin that was legally imported into the United States before the
trade suspension is not prohibited.
DATES: This notice is effective September 30, 2005.
ADDRESSES: Caspian Sea littoral states wishing to provide information
that may allow us to lift this trade suspension may submit it by any
one of several methods:
1. You may submit written information to Robert R. Gabel, Chief,
Division of Scientific Authority, U.S. Fish and Wildlife Service, 4401
North Fairfax Drive, Room 750, Arlington, Virginia 22203.
2. You may hand-deliver written information to the Division of
Scientific Authority, at the above address, or fax your comments to
(703) 358-2276.
3. You may send information by electronic mail (e-mail) to
[email protected].
FOR FURTHER INFORMATION CONTACT: For further information pertaining to
compliance with the special rule, contact Robert R. Gabel, Chief,
Division of Scientific Authority, at the address above; telephone,
(703) 358-1708; fax, (703) 358-2276. For further information on
application procedures and requirements for threatened species permits,
contact the Division of Management Authority, U.S. Fish and Wildlife
Service, 4401 N. Fairfax Drive, Room 700, Arlington, Virginia 22203;
telephone, (703) 358-2104; fax, (703) 358-2281.
SUPPLEMENTARY INFORMATION: On April 21, 2004, we listed beluga sturgeon
as threatened (69 FR 21425) under the Endangered Species Act of 1973,
as amended (16 U.S.C. 1531 et seq.) (Act). We subsequently published a
special rule concerning beluga sturgeon (70 FR 10493; March 4, 2005)
under section 4(d) of the Act. The special rule, located at 50 CFR
17.44(y) of our regulations, promotes the conservation of the species
by allowing the import, export or re-export, and interstate and foreign
commerce of beluga sturgeon caviar and meat, without threatened species
permits otherwise required under 50 CFR 17.32, from littoral states in
the Caspian and Black Sea basins that demonstrate progress on measures
to protect and recover the species. The special rule requires countries
wishing to export beluga sturgeon caviar or meat to the United States
under this exemption to provide, by September 6, 2005, copies of basin-
wide cooperative management plans for beluga sturgeon agreed to by all
littoral states in the Black Sea or Caspian Sea basin along with copies
of national laws and regulations implementing the management plans.
Import of and foreign commerce in Caspian Sea beluga sturgeon
suspended. We have not received a management plan or copies of national
[[Page 57317]]
laws and regulations from any of the littoral states in the Caspian Sea
basin. Azerbaijan, the Islamic Republic of Iran, Kazakhstan, the
Russian Federation, and Turkmenistan have therefore failed to meet the
conditions of the special rule. As a result, beluga sturgeon caviar
(including products containing caviar, such as cosmetics) and meat from
these countries are no longer eligible for the exemption from
threatened species permits provided by the special rule. Therefore, you
may not import or re-export, sell or offer for sale in foreign
commerce, or deliver, receive, carry, transport, or ship in foreign
commerce in the course of a commercial activity any beluga sturgeon
caviar or meat from these Caspian Sea countries on or after the
effective date of this Federal Register notice (see DATES section)
without a threatened species permit. Beluga sturgeon caviar or meat
originating in these countries that has been shipped on or after the
effective date of this Federal Register notice (see DATES section)
without a threatened species permit issued under 50 CFR 17.32 will be
refused clearance upon arrival in the United States, including
shipments that have been exported directly from the countries listed
above in this paragraph, re-exported through an intermediary country,
or transported as personal or household effects.
Threatened species permits may only be issued for beluga sturgeon
from the Caspian Sea basin if we determine that the proposed import,
re-export, or interstate or foreign commerce would meet the regulatory
requirements in 50 CFR 17.32. Applicants must demonstrate that their
proposed activities would provide for the conservation of the species.
Beluga sturgeon products legally imported before the trade
suspension. Beluga sturgeon caviar or meat from Azerbaijan, the Islamic
Republic of Iran, Kazakhstan, the Russian Federation, or Turkmenistan
that was legally imported into the United States prior to the trade
suspension will continue to be authorized for interstate commerce under
the special rule without a threatened species permit. Due to the
perishable nature of sturgeon caviar and meat, the exemption for
interstate commerce in beluga sturgeon caviar and meat legally imported
prior to the trade suspension will continue for a period of no more
than 18 months after the date of issuance of the original Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES) export permit, in accordance with the CITES resolution on the
``Conservation of and trade in sturgeons and paddlefish'' (Resolution
Conf. 12.7 (Rev. CoP13)). Individuals should maintain accurate records
to be able to demonstrate that their beluga sturgeon caviar and meat
were legally imported prior to the trade suspension.
Conditions for lifting of the trade suspension. Under the special
rule, if the littoral states fail to submit a basin-wide management
plan for beluga sturgeon, or if we are unable to confirm that all
littoral states in the basin are signatories to the plan, we will
immediately suspend trade with all littoral states in the basin until
we are satisfied that such a management plan exists. Likewise, under
the special rule, if the littoral states fail to submit copies of
national laws and regulations that implement the basin-wide management
plan, we will immediately suspend trade with the given littoral states
until we are satisfied that such laws and regulations are in effect.
For us to consider lifting the trade suspension, the littoral states of
the Caspian Sea basin must submit a basin-wide management plan for
beluga sturgeon, agreed to by all littoral states in the basin. In
addition, each littoral state wishing to export beluga sturgeon caviar
and meat to the United States under the exemption provided by the
special rule must submit copies of their national laws and regulations
that implement the basin-wide plan. Information on how to submit such
materials is located in the ADDRESSES section.
Black Sea basin. We are in the process of reviewing information
received from littoral states in the Black Sea basin. In accordance
with the special rule, trade may continue from the littoral states of
the Black Sea that have declared export quotas for beluga sturgeon
(i.e., Bulgaria, Romania, and Serbia and Montenegro), as required under
CITES, while we complete our review.
Aquaculture facilities. The special rule allows aquaculture
facilities outside the Caspian and Black Sea basins to obtain an
exemption from threatened species permits otherwise required under 50
CFR 17.32 if they meet certain conditions. We have not yet received any
requests for such an exemption. Under the special rule, there is no
deadline for receipt of applications from aquaculture facilities
seeking an exemption.
Authority: The authority for this action is the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: September 22, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-19580 Filed 9-29-05; 8:45 am]
BILLING CODE 4310-55-P