FWS Final Rule Designates Beluga Sturgeon as "Threatened" Species
The Fish and Wildlife Service (FWS) has issued a final rule stating that Beluga Sturgeon (Huso huso) will have a "threatened" status under the authority of the Endangered Species Act of 1973 (Act), effective October 21, 2004.
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(Beluga Sturgeon is a large fish from which highly valued beluga caviar is produced. FWS states that the species' range is now limited to the Caspian and Black Sea Basins and notes that the species is threatened through habitat modification and degradation, over-exploitation for trade, limited natural reproduction, and agricultural and industrial pollution.)
FWS to Publish Special Rule Containing Beluga-Specific Prohibitions, Etc.
According to FWS, the effective date of this final rule is being delayed for six months (until October 21, 2004) in order to allow for the development of a special rule, as provided for in 50 CFR 17.31(c), that will contain all the applicable prohibitions and exceptions for Beluga Sturgeon.
FWS sources state that the proposed rulemaking for the special rule is expected to be published soon. After its public comment period, FWS will consider publishing it in final form.
FWS sources explain that if the changes contained in the special rule are not in effect by October 21, 2004 and this October effective date is not extended, 50 CFR 17.31(a) will go into effect on October 21, 2004, under which it will be unlawful to: import or export any Beluga Sturgeon; deliver, receive, carry transport, or ship in interstate or foreign commerce, by any means whatsoever and in the course of a commercial activity, any Beluga Sturgeon, etc.
(It is not yet known how different the special rule's prohibitions and exceptions would be from those provided for under 50 CFR 17.31(a).)
Beluga Sturgeon Currently Listed Under CITES Appendix II, Subject to Permitting & Labeling Requirements
FWS sources have previously stated that Beluga Sturgeon are currently listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and as a result, all such fish, along with their parts and products, must be declared to the FWS upon import or export, in addition to meeting permit, port and licensing requirements.
In addition, in March 2004 FWS announced the implementation of universal labeling requirements for sturgeon and paddlefish caviar (including that of beluga sturgeon) that were adopted by CITES in January 2004.
(See ITT's Online Archives or 03/29/04 news, 04032915, for BP summary of these labeling requirements.)
(See ITT's Online Archives or 07/08/03 news, 03070825, for BP summary of FWS' postponement of issuing a final rule. See ITT's Online Archives or 08/02/02 news, 02080220, for BP summary of FWS' proposed rule to list beluga sturgeon as endangered.)
FWS Contacts - Robert Gabel (703) 358-1708
Tim Van Norman (permitting questions) (703) 358-2104
FWS Final Rule (FR Pub 04/21/04) available athttp://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-8934.pdf
FWS Press Release (04/20/04) available at http://news.fws.gov/newsreleases/r9/2D129E08-B251-4902-8520E16F38DE286D.html