[Federal Register Volume 70, Number 208 (Friday, October 28, 2005)]
[Notices]
[Pages 62135-62137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21534]


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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 
Black 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 Black Sea littoral 
states of Bulgaria, Georgia, Romania, the Russian Federation, Serbia 
and Montenegro, Turkey, and Ukraine effective immediately. This 
suspension applies to 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

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commerce in beluga sturgeon caviar or meat from the Black Sea basin 
that was legally imported into the United States before the trade 
suspension is not prohibited.

DATES: This notice is effective October 28, 2005.

ADDRESSES: Black 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 implementing the management plans.
    Import of and foreign commerce in Black Sea beluga sturgeon 
suspended. We have not received a basin-wide management plan for beluga 
sturgeon from any of the littoral states in the Black Sea basin. We 
received information from Bulgaria, Georgia, and Serbia and Montenegro, 
including a copy of a document signed by Bulgaria, Romania, and Serbia 
and Montenegro in which they agree to implement a regional strategy for 
conservation and sustainable management of sturgeon populations of the 
northwest Black Sea and lower Danube River. While we applaud the 
efforts of these countries in working toward regional cooperation, this 
regional agreement does not fulfill the requirements of the special 
rule. Under the special rule, the littoral states are required to 
submit a basin-wide management plan agreed to by all littoral states in 
the Black Sea basin (not just exporting countries). A regional plan 
covering only a portion of the Black Sea is not sufficient to meet this 
requirement. Bulgaria, Georgia, Romania, the Russian Federation, Serbia 
and Montenegro, Turkey, and Ukraine 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 Black 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 Black 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 Bulgaria, Georgia, 
Romania, the Russian Federation, Serbia and Montenegro, Turkey, or 
Ukraine 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 Black Sea basin must submit a basin-wide management plan for beluga 
sturgeon. This plan must include all the elements specified in the 
beluga sturgeon special rule and be signed 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 
that implement the basin-wide plan. Information on how to submit such 
materials is located in the ADDRESSES section.
    Aquaculture facilities. The special rule allows aquaculture 
facilities outside the Caspian and Black Sea

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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: October 13, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-21534 Filed 10-27-05; 8:45 am]
BILLING CODE 4310-55-P