[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