Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List 10 Sturgeon Species as Endangered or Threatened, 58507-58510 [2013-22879]
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Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Proposed Rules
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Issued in Washington, DC, on September
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CFR Part 106.
Magdy El-Sibaie,
Associate Administrator for Hazardous
Materials Safety, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2013–22952 Filed 9–23–13; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF THE INTERIOR
§ 109.103 Notice of Nonpayment of
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the order which will include an option
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Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–ES–2013–0051; 450
003 0115]
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition To List 10 Sturgeon Species
as Endangered or Threatened
Fish and Wildlife Service,
Interior.
ACTION: Notice of petition finding and
initiation of status review.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce a
90-day finding on a petition to list 10
sturgeon species as endangered or
threatened under the Endangered
Species Act of 1973, as amended (Act).
Based on our review, we find that the
petition presents substantial scientific
and commercial information indicating
that the petitioned action may be
warranted. Therefore, with the
publication of this notice, we are
initiating a review of the status of these
species to determine if listing these 10
species is warranted. To ensure that this
status review is comprehensive, we
request scientific and commercial data
SUMMARY:
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58507
and other information regarding these
species. At the conclusion of this
review, we will issue a 12-month
finding on the petition, as provided in
section 4(b)(3)(B) of the Act.
DATES: To allow us adequate time to
conduct this review, we request that we
receive information on or before
November 25, 2013. After this date, you
must submit information directly to the
office listed in the FOR FURTHER
INFORMATION CONTACT section below.
Please note that we may not be able to
address or incorporate information that
we receive after the above requested
date.
ADDRESSES: You may submit
information by one of the following
methods:
• Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search
field, enter Docket No. FWS–HQ–ES–
2013–0051, which is the docket number
for this action. Then click on the Search
button. You may submit a comment by
clicking on ‘‘Comment Now!’’ If your
comments will fit in the provided
comment box, please use this feature of
https://www.regulations.gov, as it is most
compatible with our comment review
procedures. If you attach your
comments as a separate document, our
preferred file format is Microsoft Word.
If you attach multiple comments (such
as form letters), our preferred format is
a spreadsheet in Microsoft Excel.
• By Hard Copy: U.S. mail or handdelivery: Public Comments Processing,
Attn: FWS–HQ–ES–2013–0051,
Division of Policy and Directives
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, MS
2042–PDM; Arlington, VA 22203.
We will not accept comments by
email or fax. We will post all comments
on https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
(see the Information Requested section,
below, for more information).
FOR FURTHER INFORMATION CONTACT:
Janine Van Norman, Chief, Branch of
Foreign Species, Endangered Species
Program, U.S. Fish and Wildlife Service,
4401 N. Fairfax Drive, Room 420,
Arlington, VA 22203; telephone 703–
358–2171; facsimile 703–358–1735. If
you use a telecommunications device
for the deaf (TDD), call the Federal
Information Relay Service (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION:
Information Requested
For the status review to be complete
and based on the best available
scientific and commercial information,
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58508
Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Proposed Rules
we request information on 10 sturgeon
species (see list in Table 1, below) from
government agencies (including foreign
national and provincial governments
within the range of each of these
species), the scientific community,
industry, and any other interested
parties. We seek information on:
(1) Each species’ biology, range, and
population trends, including:
(a) Habitat requirements for feeding,
breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range,
including distribution patterns,
particularly regarding their seasonal
migrations;
(d) Historical and current population
levels, and current and projected
population trends;
(e) Potential threats to each species
such as harvest or other threats not
identified; and
(f) Past and ongoing conservation
measures for each species or its habitat.
(2) The factors that are the basis for
making a listing determination for a
species or subspecies under section 4(a)
of the Act (16 U.S.C. 1531 et seq.),
which are:
(a) The present or threatened
destruction, modification, or
curtailment of their habitat or range;
(b) Overutilization for commercial,
recreational, scientific, or educational
purposes, particularly data on hunting;
(c) Disease or predation;
(d) The inadequacy of existing
regulatory mechanisms; or
(e) Other natural or manmade factors
affecting their continued existence.
(3) The potential effects of climate
change on each species and its habitat.
Please include sufficient information
with your submission (such as full
references) to allow us to verify any
scientific or commercial information
you include. Submissions merely stating
support for or opposition to the action
under consideration without providing
supporting information, although noted,
will not be considered in making a
determination. Section 4(b)(1)(A) of the
Act directs that determinations as to
whether any species is an endangered or
threatened species must be made
‘‘solely on the basis of the best scientific
and commercial data available.’’
You may submit your information
concerning this status review by one of
the methods listed in the ADDRESSES
section. If you submit information via
https://www.regulations.gov, your entire
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17:25 Sep 23, 2013
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submission—including any personal
identifying information—will be posted
on the Web site. If you submit a hard
copy that includes personal identifying
information, you may request at the top
of your document that we withhold this
personal identifying information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hard copy submissions
on https://www.regulations.gov.
Information and supporting
documentation that we received and
used in preparing this finding will be
available to review at https://
www.regulations.gov, or you may make
an appointment during normal business
hours at the U.S. Fish and Wildlife
Service, Endangered Species Program,
Branch of Foreign Species (see FOR
FURTHER INFORMATION CONTACT).
Background
Section 4(b)(3)(A) of the Act requires
that we make a finding on whether a
petition to list, delist, or reclassify a
species presents substantial scientific or
commercial information indicating that
the petitioned action may be warranted.
We are to base this finding on
information provided in the petition,
supporting information submitted with
the petition, and information otherwise
available in our files. To the maximum
extent practicable, we are to make this
finding within 90 days of our receipt of
the petition and publish our notice of
the finding promptly in the Federal
Register.
Our standard for substantial scientific
or commercial information within the
Code of Federal Regulations (CFR) with
regard to a 90-day petition finding is
‘‘that amount of information that would
lead a reasonable person to believe that
the measure proposed in the petition
may be warranted’’ (50 CFR 424.14(b)).
If we find that substantial scientific or
commercial information was presented,
we are required to promptly initiate a
species status review, which we
subsequently summarize in our 12month finding.
Petition History
On March 12, 2012, the National
Marine Fisheries Service (NMFS)
received a petition dated March 8, 2012,
from WildEarth Guardians and Friends
of Animals to list as endangered or
threatened under the Act the following
15 sturgeon species: Adriatic sturgeon
(Acipenser naccarii); Baltic sturgeon (A.
sturio); Russian sturgeon (A.
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gueldenstaedtii); ship sturgeon (A.
nudiventris); Persian sturgeon (A.
persicus); stellate sturgeon (A. stellatus);
Siberian sturgeon (A. baerii); Yangtze
sturgeon (A. dabryanus); Chinese
sturgeon (A. sinensis); Sakhalin
sturgeon (A. mikadoi); Amur sturgeon
(A. schrenckii); Kaluga sturgeon (Huso
dauricus); Syr Darya sturgeon
(Pseudoscaphirhynchus fedtschenkoi);
dwarf sturgeon (P. hermanni); and Amu
Darya sturgeon (P. kaufmanni). The
petition states that all 15 petitioned
sturgeon species are affected by similar
threats, which are primarily: Both legal
and illegal harvest for meat and/or roe;
habitat loss and degradation including
dams or dam construction, and water
pollution. The petition is available at
https://www.nmfs.noaa.gov/pr/pdfs/
petitions/sturgeon15_petition2012.pdf.
NMFS acknowledged receipt of this
petition in a letter dated April 14, 2012,
and informed the petitioners that NMFS
would determine, under section 4 of the
Act, whether the petition presents
substantial scientific or commercial
information indicating that the
petitioned action may be warranted.
Although the petition was initially sent
to NMFS, as a result of subsequent
discussions between NMFS and the
Service regarding the August 28, 1974,
Memorandum of Understanding
pertaining to ‘‘Jurisdictional
Responsibilities and Listing Procedures
Under the Endangered Species Act of
1973,’’ we have determined that 10 of
the 15 petitioned sturgeon species are
within the jurisdiction of the Service.
Therefore, in April 2012, the Service
notified WildEarth Guardians that we
have jurisdiction over the 10 sturgeon
species, listed below, that are the
subject of this 90-day finding.
This 90-day finding considers
whether the petitioned action may be
warranted for the following 10 sturgeon
species included in the petition:
Siberian sturgeon (Acipenser baerii),
Yangtze sturgeon (A. dabryanus),
Russian sturgeon (A. gueldenstaedtii),
ship sturgeon (A. nudiventris), Persian
sturgeon (A. persicus), Amur sturgeon
(A. schrenckii), stellate sturgeon (A.
stellatus), Syr-Darya sturgeon
(Pseudoscaphirhynchus fedtschenkoi),
dwarf sturgeon (P. hermanni), and the
Amu Darya sturgeon (P. kaufmanni).
The best available information regarding
the current ranges and population
trends is summarized in Table 1, below.
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58509
TABLE 1—LIST OF SPECIES IN THIS 90-DAY FINDING
IUCN Status
Population trend
Current range
Siberian sturgeon (Acipenser baerii) ................
Yangtze sturgeon (Acipenser dabryanus) ........
Russian sturgeon (Acipenser gueldenstaedtii)
Endangered ................
Critically Endangered
Critically Endangered
Decreasing .................
Decreasing .................
Decreasing .................
Ship sturgeon (Acipenser nudiventris) .............
Critically Endangered
Decreasing .................
Persian sturgeon (Acipenser persicus) ............
Critically Endangered
Decreasing .................
Amur sturgeon (Acipenser schrenckii) .............
Stellate sturgeon (Acipenser stellatus) ............
Critically Endangered
Critically Endangered
Decreasing .................
Decreasing .................
Syr Darya sturgeon (Pseudoscaphirhynchus
fedtschenkoi).
Dwarf
sturgeon
(Pseudoscaphirhynchus
hermanni).
Amu Darya sturgeon (Pseudoscaphirhynchus
kaufmanni).
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Species
Critically Endangered
Unknown ....................
China; Kazakhstan; Mongolia; Russia.
China.
Azerbaijan;
Bulgaria;
Georgia;
Iran;
Kazakhstan; Moldova; Romania; Russia;
Serbia; Turkey; Turkmenistan; Ukraine.
Azerbaijan;
Georgia;
Hungary;
Iran;
Kazakhstan; Russia; Serbia; Turkey.
Azerbaijan, Georgia, Iran, Kazakhstan, Russia, Turkey.
China; Russia.
Azerbaijan; Bulgaria; Iran; Kazakhstan;
Moldova; Romania; Russia; Serbia; Turkey;
Turkmenistan; Ukraine.
Kazakhstan, Tajikistan, Uzbekistan.
Critically Endangered
Decreasing .................
Afghanistan, Turkmenistan, Uzbekistan.
Critically Endangered
Decreasing .................
Turkmenistan, Uzbekistan.
Introduction
These 10 sturgeon species are either
anadromous (spend part of their lives in
salt water and return to rivers to breed)
or live solely in fresh water. Many
sturgeon species are prized for their roe,
which is made into caviar. The primary
factors indicated in the petition as
affecting these species include
overharvest and damming of rivers,
which affect the continued survival of
all the petitioned sturgeon with the
exception, at least at present, of those in
the Amur River basin.
In 1997, Parties to the Convention on
International Trade in Endangered
Species of Wild Fauna and Flora
(CITES) agreed to include all sturgeon
species not already in the CITES
Appendices in Appendix II. The listing
became effective in April 1998. All 10
species of sturgeon in this finding were
included in CITES Appendix II at that
time. Pursuant to Article II, paragraph
2(a) of CITES, Appendix II includes
species that are not necessarily
threatened now with extinction, but
may become so unless trade in
specimens of such species is subject to
strict regulation in order to avoid
utilization incompatible with their
survival. In addition, Appendix II also
includes species that may be listed due
to their similarity in appearance with
other species that are regulated under
the treaty (CITES Article II 2(b)). Some
of the 10 species of sturgeon in this
finding were listed in accordance with
the CITES criteria under paragraph 2(a)
of Article II, while others were listed
based upon the similarity of appearance
provision.
CITES is a multinational agreement
between governments. CITES Parties
(signatory countries) regulate and
monitor international trade in CITESlisted species (that is, their import,
export, and re-export) through a system
of permits and certificates. CITES lists
species in one of three appendices—
Appendix I, II, or III.
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Evaluation of Information for a 90-Day
Finding on a Petition
Section 4 of the Act (16 U.S.C. 1533)
and its implementing regulations at 50
CFR 424 set forth the procedures for
adding a species to, or removing a
species from, the Federal Lists of
Endangered and Threatened Wildlife
and Plants. A species may be
determined to be an endangered or
threatened species due to one or more
of the five factors described in section
4(a)(1) of the Act:
(A) The present or threatened
destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial,
recreational, scientific, or educational
purposes;
(C) Disease or predation;
(D) The inadequacy of existing
regulatory mechanisms; or
(E) Other natural or manmade factors
affecting its continued existence.
In making this 90-day finding, we
evaluated whether information
regarding threats to each species, as
presented in the petition and other
information available in our files, is
substantial, thereby indicating that the
petitioned action may be warranted. Our
evaluation of this information is
presented in Appendix A. in Docket No.
FWS–HQ–ES–2013–0051 on https://
www.regulations.gov.
Finding
On the basis of our review under
section 4(b)(3)(A) of the Act, we
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determine that the petition presents
substantial scientific or commercial
information indicating that listing these
10 sturgeon species as endangered or
threatened may be warranted. This
finding is based on information
provided in the petition regarding the
five factors: The present or threatened
destruction, modification, or
curtailment of its habitat or range
(Factor A); overutilization for
commercial, recreational, scientific, or
educational purposes (Factor B); disease
and predation (Factor C); the
inadequacy of existing regulatory
mechanisms (Factor D); and other
natural or manmade factors affecting the
species’ continued existence (Factor E).
The primary factors identified in the
petition as affecting these species are
dams constructed within their range
that fragment their habitat (Factor A);
pollution that causes health and
reproduction issues (Factor A); severe
levels of overharvest (Factor B); and the
inadequacy of existing regulatory
mechanisms (Factor D) to address those
threats. The petitioners also note that all
of the petitioned species are affected by
more than one factor (Petition, p. 50).
These species occur in several
countries, and the factors affecting these
species are complex and interrelated.
Because we have found that the petition
presents substantial information
indicating that listing these 10 sturgeon
species may be warranted, we are
initiating a status review to determine
whether listing these 10 sturgeon
species under the Act as endangered or
threatened is warranted.
The ‘‘substantial information’’
standard for a 90-day finding differs
from the Act’s ‘‘best scientific and
commercial data available’’ standard
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Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Proposed Rules
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that applies to a 12-month finding
(status review) as to whether a
petitioned action is warranted. A 90-day
finding is not a status assessment of the
species and does not constitute a status
review under the Act. In a 12-month
finding, we will determine whether a
petitioned action is warranted after we
have completed a thorough status
review of the species, which is
conducted following a substantial 90day finding. Because the Act’s standards
for 90-day and 12-month findings are
different, as described above, a
substantial 90-day finding does not
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17:25 Sep 23, 2013
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mean that the 12-month finding will
result in a warranted finding.
Species, Endangered Species Program,
U.S. Fish and Wildlife Service.
References Cited
A complete list of all references cited
in this 90-day finding is available on the
Internet at https://www.regulations.gov at
Docket No. FWS–HQ–ES–2013–0051 or
upon request from the Branch of Foreign
Species, Endangered Species Program,
U.S. Fish and Wildlife Service (see FOR
FURTHER INFORMATION CONTACT).
Authority
Author
The primary author of this finding is
Amy Brisendine, Branch of Foreign
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The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: September 9, 2013.
Stephen D. Guertin,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2013–22879 Filed 9–23–13; 8:45 am]
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]]>Agencies
[Federal Register Volume 78, Number 185 (Tuesday, September 24, 2013)]
[Proposed Rules]
[Pages 58507-58510]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22879]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2013-0051; 450 003 0115]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition To List 10 Sturgeon Species as Endangered or Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of petition finding and initiation of status review.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to list 10 sturgeon species as endangered
or threatened under the Endangered Species Act of 1973, as amended
(Act). Based on our review, we find that the petition presents
substantial scientific and commercial information indicating that the
petitioned action may be warranted. Therefore, with the publication of
this notice, we are initiating a review of the status of these species
to determine if listing these 10 species is warranted. To ensure that
this status review is comprehensive, we request scientific and
commercial data and other information regarding these species. At the
conclusion of this review, we will issue a 12-month finding on the
petition, as provided in section 4(b)(3)(B) of the Act.
DATES: To allow us adequate time to conduct this review, we request
that we receive information on or before November 25, 2013. After this
date, you must submit information directly to the office listed in the
FOR FURTHER INFORMATION CONTACT section below. Please note that we may
not be able to address or incorporate information that we receive after
the above requested date.
ADDRESSES: You may submit information by one of the following methods:
Electronically: Go to the Federal eRulemaking Portal:
https://www.regulations.gov. In the Search field, enter Docket No. FWS-
HQ-ES-2013-0051, which is the docket number for this action. Then click
on the Search button. You may submit a comment by clicking on ``Comment
Now!'' If your comments will fit in the provided comment box, please
use this feature of https://www.regulations.gov, as it is most
compatible with our comment review procedures. If you attach your
comments as a separate document, our preferred file format is Microsoft
Word. If you attach multiple comments (such as form letters), our
preferred format is a spreadsheet in Microsoft Excel.
By Hard Copy: U.S. mail or hand-delivery: Public Comments
Processing, Attn: FWS-HQ-ES-2013-0051, Division of Policy and
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, MS 2042-PDM; Arlington, VA 22203.
We will not accept comments by email or fax. We will post all
comments on https://www.regulations.gov. This generally means that we
will post any personal information you provide us (see the Information
Requested section, below, for more information).
FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of
Foreign Species, Endangered Species Program, U.S. Fish and Wildlife
Service, 4401 N. Fairfax Drive, Room 420, Arlington, VA 22203;
telephone 703-358-2171; facsimile 703-358-1735. If you use a
telecommunications device for the deaf (TDD), call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Information Requested
For the status review to be complete and based on the best
available scientific and commercial information,
[[Page 58508]]
we request information on 10 sturgeon species (see list in Table 1,
below) from government agencies (including foreign national and
provincial governments within the range of each of these species), the
scientific community, industry, and any other interested parties. We
seek information on:
(1) Each species' biology, range, and population trends, including:
(a) Habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns,
particularly regarding their seasonal migrations;
(d) Historical and current population levels, and current and
projected population trends;
(e) Potential threats to each species such as harvest or other
threats not identified; and
(f) Past and ongoing conservation measures for each species or its
habitat.
(2) The factors that are the basis for making a listing
determination for a species or subspecies under section 4(a) of the Act
(16 U.S.C. 1531 et seq.), which are:
(a) The present or threatened destruction, modification, or
curtailment of their habitat or range;
(b) Overutilization for commercial, recreational, scientific, or
educational purposes, particularly data on hunting;
(c) Disease or predation;
(d) The inadequacy of existing regulatory mechanisms; or
(e) Other natural or manmade factors affecting their continued
existence.
(3) The potential effects of climate change on each species and its
habitat.
Please include sufficient information with your submission (such as
full references) to allow us to verify any scientific or commercial
information you include. Submissions merely stating support for or
opposition to the action under consideration without providing
supporting information, although noted, will not be considered in
making a determination. Section 4(b)(1)(A) of the Act directs that
determinations as to whether any species is an endangered or threatened
species must be made ``solely on the basis of the best scientific and
commercial data available.''
You may submit your information concerning this status review by
one of the methods listed in the ADDRESSES section. If you submit
information via https://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the
Web site. If you submit a hard copy that includes personal identifying
information, you may request at the top of your document that we
withhold this personal identifying information from public review.
However, we cannot guarantee that we will be able to do so. We will
post all hard copy submissions on https://www.regulations.gov.
Information and supporting documentation that we received and used
in preparing this finding will be available to review at https://www.regulations.gov, or you may make an appointment during normal
business hours at the U.S. Fish and Wildlife Service, Endangered
Species Program, Branch of Foreign Species (see FOR FURTHER INFORMATION
CONTACT).
Background
Section 4(b)(3)(A) of the Act requires that we make a finding on
whether a petition to list, delist, or reclassify a species presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. We are to base this finding on
information provided in the petition, supporting information submitted
with the petition, and information otherwise available in our files. To
the maximum extent practicable, we are to make this finding within 90
days of our receipt of the petition and publish our notice of the
finding promptly in the Federal Register.
Our standard for substantial scientific or commercial information
within the Code of Federal Regulations (CFR) with regard to a 90-day
petition finding is ``that amount of information that would lead a
reasonable person to believe that the measure proposed in the petition
may be warranted'' (50 CFR 424.14(b)). If we find that substantial
scientific or commercial information was presented, we are required to
promptly initiate a species status review, which we subsequently
summarize in our 12-month finding.
Petition History
On March 12, 2012, the National Marine Fisheries Service (NMFS)
received a petition dated March 8, 2012, from WildEarth Guardians and
Friends of Animals to list as endangered or threatened under the Act
the following 15 sturgeon species: Adriatic sturgeon (Acipenser
naccarii); Baltic sturgeon (A. sturio); Russian sturgeon (A.
gueldenstaedtii); ship sturgeon (A. nudiventris); Persian sturgeon (A.
persicus); stellate sturgeon (A. stellatus); Siberian sturgeon (A.
baerii); Yangtze sturgeon (A. dabryanus); Chinese sturgeon (A.
sinensis); Sakhalin sturgeon (A. mikadoi); Amur sturgeon (A.
schrenckii); Kaluga sturgeon (Huso dauricus); Syr Darya sturgeon
(Pseudoscaphirhynchus fedtschenkoi); dwarf sturgeon (P. hermanni); and
Amu Darya sturgeon (P. kaufmanni). The petition states that all 15
petitioned sturgeon species are affected by similar threats, which are
primarily: Both legal and illegal harvest for meat and/or roe; habitat
loss and degradation including dams or dam construction, and water
pollution. The petition is available at https://www.nmfs.noaa.gov/pr/pdfs/petitions/sturgeon15_petition2012.pdf.
NMFS acknowledged receipt of this petition in a letter dated April
14, 2012, and informed the petitioners that NMFS would determine, under
section 4 of the Act, whether the petition presents substantial
scientific or commercial information indicating that the petitioned
action may be warranted. Although the petition was initially sent to
NMFS, as a result of subsequent discussions between NMFS and the
Service regarding the August 28, 1974, Memorandum of Understanding
pertaining to ``Jurisdictional Responsibilities and Listing Procedures
Under the Endangered Species Act of 1973,'' we have determined that 10
of the 15 petitioned sturgeon species are within the jurisdiction of
the Service. Therefore, in April 2012, the Service notified WildEarth
Guardians that we have jurisdiction over the 10 sturgeon species,
listed below, that are the subject of this 90-day finding.
This 90-day finding considers whether the petitioned action may be
warranted for the following 10 sturgeon species included in the
petition: Siberian sturgeon (Acipenser baerii), Yangtze sturgeon (A.
dabryanus), Russian sturgeon (A. gueldenstaedtii), ship sturgeon (A.
nudiventris), Persian sturgeon (A. persicus), Amur sturgeon (A.
schrenckii), stellate sturgeon (A. stellatus), Syr-Darya sturgeon
(Pseudoscaphirhynchus fedtschenkoi), dwarf sturgeon (P. hermanni), and
the Amu Darya sturgeon (P. kaufmanni). The best available information
regarding the current ranges and population trends is summarized in
Table 1, below.
[[Page 58509]]
Table 1--List of Species in This 90-Day Finding
----------------------------------------------------------------------------------------------------------------
Species IUCN Status Population trend Current range
----------------------------------------------------------------------------------------------------------------
Siberian sturgeon (Acipenser baerii). Endangered............. Decreasing............. China; Kazakhstan;
Mongolia; Russia.
Yangtze sturgeon (Acipenser Critically Endangered.. Decreasing............. China.
dabryanus).
Russian sturgeon (Acipenser Critically Endangered.. Decreasing............. Azerbaijan; Bulgaria;
gueldenstaedtii). Georgia; Iran;
Kazakhstan; Moldova;
Romania; Russia;
Serbia; Turkey;
Turkmenistan; Ukraine.
Ship sturgeon (Acipenser nudiventris) Critically Endangered.. Decreasing............. Azerbaijan; Georgia;
Hungary; Iran;
Kazakhstan; Russia;
Serbia; Turkey.
Persian sturgeon (Acipenser persicus) Critically Endangered.. Decreasing............. Azerbaijan, Georgia,
Iran, Kazakhstan,
Russia, Turkey.
Amur sturgeon (Acipenser schrenckii). Critically Endangered.. Decreasing............. China; Russia.
Stellate sturgeon (Acipenser Critically Endangered.. Decreasing............. Azerbaijan; Bulgaria;
stellatus). Iran; Kazakhstan;
Moldova; Romania;
Russia; Serbia;
Turkey; Turkmenistan;
Ukraine.
Syr Darya sturgeon Critically Endangered.. Unknown................ Kazakhstan, Tajikistan,
(Pseudoscaphirhynchus fedtschenkoi). Uzbekistan.
Dwarf sturgeon (Pseudoscaphirhynchus Critically Endangered.. Decreasing............. Afghanistan,
hermanni). Turkmenistan,
Uzbekistan.
Amu Darya sturgeon Critically Endangered.. Decreasing............. Turkmenistan,
(Pseudoscaphirhynchus kaufmanni). Uzbekistan.
----------------------------------------------------------------------------------------------------------------
Introduction
These 10 sturgeon species are either anadromous (spend part of
their lives in salt water and return to rivers to breed) or live solely
in fresh water. Many sturgeon species are prized for their roe, which
is made into caviar. The primary factors indicated in the petition as
affecting these species include overharvest and damming of rivers,
which affect the continued survival of all the petitioned sturgeon with
the exception, at least at present, of those in the Amur River basin.
In 1997, Parties to the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES) agreed to include
all sturgeon species not already in the CITES Appendices in Appendix
II. The listing became effective in April 1998. All 10 species of
sturgeon in this finding were included in CITES Appendix II at that
time. Pursuant to Article II, paragraph 2(a) of CITES, Appendix II
includes species that are not necessarily threatened now with
extinction, but may become so unless trade in specimens of such species
is subject to strict regulation in order to avoid utilization
incompatible with their survival. In addition, Appendix II also
includes species that may be listed due to their similarity in
appearance with other species that are regulated under the treaty
(CITES Article II 2(b)). Some of the 10 species of sturgeon in this
finding were listed in accordance with the CITES criteria under
paragraph 2(a) of Article II, while others were listed based upon the
similarity of appearance provision.
CITES is a multinational agreement between governments. CITES
Parties (signatory countries) regulate and monitor international trade
in CITES-listed species (that is, their import, export, and re-export)
through a system of permits and certificates. CITES lists species in
one of three appendices--Appendix I, II, or III.
Evaluation of Information for a 90-Day Finding on a Petition
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations at 50 CFR 424 set forth the procedures for adding a species
to, or removing a species from, the Federal Lists of Endangered and
Threatened Wildlife and Plants. A species may be determined to be an
endangered or threatened species due to one or more of the five factors
described in section 4(a)(1) of the Act:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
In making this 90-day finding, we evaluated whether information
regarding threats to each species, as presented in the petition and
other information available in our files, is substantial, thereby
indicating that the petitioned action may be warranted. Our evaluation
of this information is presented in Appendix A. in Docket No. FWS-HQ-
ES-2013-0051 on https://www.regulations.gov.
Finding
On the basis of our review under section 4(b)(3)(A) of the Act, we
determine that the petition presents substantial scientific or
commercial information indicating that listing these 10 sturgeon
species as endangered or threatened may be warranted. This finding is
based on information provided in the petition regarding the five
factors: The present or threatened destruction, modification, or
curtailment of its habitat or range (Factor A); overutilization for
commercial, recreational, scientific, or educational purposes (Factor
B); disease and predation (Factor C); the inadequacy of existing
regulatory mechanisms (Factor D); and other natural or manmade factors
affecting the species' continued existence (Factor E).
The primary factors identified in the petition as affecting these
species are dams constructed within their range that fragment their
habitat (Factor A); pollution that causes health and reproduction
issues (Factor A); severe levels of overharvest (Factor B); and the
inadequacy of existing regulatory mechanisms (Factor D) to address
those threats. The petitioners also note that all of the petitioned
species are affected by more than one factor (Petition, p. 50).
These species occur in several countries, and the factors affecting
these species are complex and interrelated. Because we have found that
the petition presents substantial information indicating that listing
these 10 sturgeon species may be warranted, we are initiating a status
review to determine whether listing these 10 sturgeon species under the
Act as endangered or threatened is warranted.
The ``substantial information'' standard for a 90-day finding
differs from the Act's ``best scientific and commercial data
available'' standard
[[Page 58510]]
that applies to a 12-month finding (status review) as to whether a
petitioned action is warranted. A 90-day finding is not a status
assessment of the species and does not constitute a status review under
the Act. In a 12-month finding, we will determine whether a petitioned
action is warranted after we have completed a thorough status review of
the species, which is conducted following a substantial 90-day finding.
Because the Act's standards for 90-day and 12-month findings are
different, as described above, a substantial 90-day finding does not
mean that the 12-month finding will result in a warranted finding.
References Cited
A complete list of all references cited in this 90-day finding is
available on the Internet at https://www.regulations.gov at Docket No.
FWS-HQ-ES-2013-0051 or upon request from the Branch of Foreign Species,
Endangered Species Program, U.S. Fish and Wildlife Service (see FOR
FURTHER INFORMATION CONTACT).
Author
The primary author of this finding is Amy Brisendine, Branch of
Foreign Species, Endangered Species Program, U.S. Fish and Wildlife
Service.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: September 9, 2013.
Stephen D. Guertin,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2013-22879 Filed 9-23-13; 8:45 am]
BILLING CODE 4310-55-P
