[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)]
[Notices]
[Page 28875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13232]
[[Page 28875]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-HQ-IA-2016-N174; FXIA16710900000-177-FF09A10000]
Threatened Species; Exemption From Threatened Species Permits for
a Qualifying Beluga Sturgeon Aquaculture Facility
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), provide
notice of an exemption to threatened species permit requirements
granted under our Endangered Species Act (Act) regulations for beluga
sturgeon (Huso huso). The exemption is for beluga sturgeon reared in an
aquaculture facility in Florida that the Service found meets the
criteria under our regulations. The exemption authorizes the facility
to take beluga sturgeon from its aquacultured stock for the purpose of
harvesting aquacultured beluga sturgeon meat and also authorizes the
facility to engage in interstate commerce and export of beluga sturgeon
meat, which it harvests from its aquacultured stock without a
threatened species permit.
ADDRESSES: Documents and other information submitted with the
application are available for review, subject to the requirements of
the Privacy Act and Freedom of Information Act, by any party who
submits a written request for a copy of such documents to: U.S. Fish
and Wildlife Service, Division of Scientific Authority, MS: IA, 5275
Leesburg Pike, Falls Church, VA 22041; fax (703) 358-2276.
FOR FURTHER INFORMATION CONTACT: Dr. Rosemarie Gnam, (703) 358-1708
(telephone); (703) 358-2276 (fax); [email protected] (email).
SUPPLEMENTARY INFORMATION:
Background
Under section 4(d) of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), the Service has discretion to issue
regulations that we find necessary and advisable to provide for the
conservation of threatened wildlife. We may also prohibit by
regulation, with respect to threatened wildlife, any act that is
prohibited by section 9(a)(1) of the Act for endangered wildlife. In
exercising this discretion, the Service enforces general prohibitions
that are appropriate for most threatened species. These prohibitions
are codified in title 50 of the Code of Federal Regulations at 50 CFR
17.31; threatened species permit requirements are at 50 CFR 17.32. In
2005, the Service promulgated regulations under section 4(d) of the Act
for the beluga sturgeon, a threatened species (70 FR 10493, March 4,
2005); these regulations are codified at 50 CFR 17.44(y).
In accordance with 50 CFR 17.44(y)(5), we consider applications for
exemptions from threatened species permits for beluga sturgeon caviar
and meat obtained from aquaculture facilities located outside the
littoral States of Azerbaijan, Bulgaria, Georgia, Islamic Republic of
Iran, Kazakhstan, Romania, Russian Federation, Serbia and Montenegro,
Turkey, Turkmenistan, and Ukraine. These exemptions are for individual
facilities. Through an exemption, the Service may authorize
aquacultured beluga sturgeon caviar and meat originating from the
facility to be imported, exported, re-exported, or traded in interstate
and foreign commerce without threatened species permits issued under 50
CFR 17.32. Additionally, the Service may authorize an exemption for
aquaculture facilities within the United States from prohibitions
against take for purposes of harvesting caviar or meat or for
conducting activities involving research to enhance the survival or
propagation of the species.
Under the 4(d) rule, the Service may issue such exemptions only
after a facility has satisfactorily demonstrated to us that criteria in
Sec. 17.44(y)(5)(i) through (iii) have been met, including: (1) The
relevant regulatory authority has certified that the facility
implements sufficient controls to prevent the escape of live animals
and disease pathogens into local ecosystems; (2) the facility does not
rely on wild beluga sturgeon for broodstock; and (3) the facility has
entered into a formal agreement with one or more littoral states to
study, protect, or otherwise enhance the survival of wild populations
of beluga sturgeon. Exemptions granted under Sec. 17.44(y)(5) shall
not apply to trade (import, export, re-export, or interstate and
foreign commerce) in live beluga sturgeon. Exemptions may be revoked at
any time if the Service determines that any of the criteria shown in
paragraphs (y)(5)(i) through (iii) are not met by the facility, and
applicants are required to submit biennial reports on their compliance.
In addition to meeting all requirements of the 4(d) rule, all
applicable provisions in 50 CFR parts 13, 14, and 23 remain in effect
and must also be met.
On March 6, 2013, we received an application from Sturgeon
AquaFarms that requested an exemption from threatened species permits
in accordance with 50 CFR 17.44(y)(5) for Sturgeon AquaFarms'
aquaculture facility in Bascom, Florida. In evaluating the application,
the Service sought additional information from the applicant, the State
of Florida, and the littoral states with which the applicant has
entered into formal agreements (the Russian Federation and the Republic
of Azerbaijan). We also conducted a site visit at the Sturgeon
AquaFarms' aquaculture facility in Bascom, Florida. On June 15, 2016,
the Service approved, under certain conditions, the requested exemption
from threatened species permitting requirements to allow the take of
beluga sturgeon from Sturgeon AquaFarms' aquacultured stock, located at
its facility in Bascom, Florida, for the purpose of harvesting beluga
meat and to allow for the interstate commerce and export of beluga meat
the facility harvests from its aquacultured stock. This exemption
applies to aquacultured beluga meat only; it does not apply to trade in
beluga caviar or live beluga sturgeon.
Authority: We issue this notice under the authority of the
Endangered Species Act (16 U.S.C. 1531 et seq.) and in accordance
with 50 CFR 17.44(y)(5)(iv).
Brenda Tapia,
Program Analyst, Division of Management Authority.
[FR Doc. 2017-13232 Filed 6-23-17; 8:45 am]
BILLING CODE 4333-15-P