[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Proposed Rules]
[Pages 61230-61241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27954]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2017-0047; 4500090024]
RIN 1018-BC83


Endangered and Threatened Wildlife and Plants; Listing the 
Yangtze Sturgeon as an Endangered Species

AGENCY: Fish and Wildlife Service, Interior.

[[Page 61231]]


ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
proposed rule and a 12-month finding on a petition to list the Yangtze 
sturgeon (Acipenser dabryanus) as an endangered species under the 
Endangered Species Act of 1973, as amended (Act). Loss of individuals 
due to overharvesting on the Yangtze River is the main factor that 
contributed to the historical decline of the species. Despite 
conservation efforts, this species is still currently in decline due 
primarily to the effects of dams and bycatch. If we finalize this rule 
as proposed, it would extend the Act's protections to this species. We 
seek information from the public on this proposed rule and the status 
review for this species.

DATES: We will consider comments and information received or postmarked 
on or before February 26, 2018. Comments submitted electronically using 
the Federal eRulemaking Portal (see ADDRESSES, below) must be received 
by 11:59 p.m. Eastern Time on the closing date. We must receive 
requests for public hearings, in writing, at the address shown in FOR 
FURTHER INFORMATION CONTACT by February 12, 2018.

ADDRESSES: Document availability: This finding is available on the 
internet at http://www.regulations.gov at Docket No. FWS-HQ-ES-2017-
0047.
    Written comments: You may submit comments by one of the following 
methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-HQ-ES-2017-0047, 
which is the docket number for this rulemaking. Then, in the Search 
panel on the left side of the screen, under the Document Type heading, 
click on the Proposed Rules link to locate this document. You may 
submit a comment by clicking on ``Comment Now!''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-HQ-ES-2017-0047; U.S. Fish and Wildlife 
Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Comments, below, for more information).

FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Branch of Foreign 
Species, Ecological Services, U.S. Fish and Wildlife Service, MS: ES, 
5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone, 703-358-
2171; facsimile, 703-358-2499. If you use a telecommunications device 
for the deaf (TDD), call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Information Requested

Public Comments

    Our intent, as required by the Act (16 U.S.C. 1531 et seq.), is to 
use the best available scientific and commercial data as the foundation 
for all endangered and threatened species classification decisions. 
Further, we want any final rule resulting from this proposal to be as 
accurate and effective as possible. Therefore, we invite the range 
country, governmental agencies, the scientific community, industry, and 
other interested parties to submit comments regarding this proposed 
rule. Comments should be as specific as possible.
    Before issuing a final rule to implement this proposed action, we 
will take into account all comments and any additional relevant 
information we receive. Such communications may lead to a final rule 
that differs from our proposal. For example, new information or 
analysis may lead to a threatened status instead of an endangered 
status for this species, or we may determine that this species does not 
warrant listing based on the best available information when we make 
our determination. All comments, including commenters' names and 
addresses, if provided to us, will become part of the administrative 
record. For this species, we particularly seek comments concerning:
    (1) The species' biology, ranges, and population trends, including:
    (a) Biological or ecological requirements of the species, including 
habitat requirements for feeding, breeding, and sheltering;
    (b) Genetics and taxonomy;
    (c) Historical and current range, including distribution patterns;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the species, its 
habitat, or both.
    (2) Factors that may affect the continued existence of the species, 
which may include habitat modification or destruction, overutilization, 
disease, predation, the inadequacy of existing regulatory mechanisms, 
or other natural or manmade factors.
    (3) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to the species and existing regulations 
that may be addressing those threats.
    (4) Additional information concerning the historical and current 
status, range, distribution, and population size of the species, 
including the locations of any additional populations of the species.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Please note that 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, as 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 comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES.
    If you submit information via http://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the website. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Headquarters Office (see FOR FURTHER INFORMATION 
CONTACT).

Public Hearing

    Section 4(b)(5) of the Act provides for one or more public hearings 
on this proposal, if requested. Requests must be received by the date 
listed above in DATES. Such requests must be sent to the address shown 
in FOR FURTHER INFORMATION CONTACT. We will schedule public hearings on 
this proposal, if any are requested, and announce the dates, times, and 
places of those hearings, as well as how to obtain reasonable 
accommodations, in the Federal Register and local newspapers at least 
15 days before the hearing.

[[Page 61232]]

Peer Review

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), we solicited the expert 
opinion of six appropriate and independent specialists for peer review 
of the Species Status Assessment (SSA) that provides the biological 
basis for this proposed listing determination. The purpose of peer 
review is to ensure that our listing determinations are based on 
scientifically sound data, assumptions, and analyses. Their comments 
and suggestions can be found at (https://www.fws.gov/endangered/improving_ESA/peer_review_process.html).

Previous Federal Actions

    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: 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.regulations.gov/document?D=FWS-HQ-ES-2013-0051-0003.
    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.
    On September 24, 2013, we published in the Federal Register (78 FR 
58507) a 90-day finding that found that the petition presented 
substantial scientific and commercial information indicating that 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 Amu Darya sturgeon (P. kaufmanni). This document 
constitutes our review and determination of the status of the Yangtze 
sturgeon, our publication of our 12-month finding on this species, and 
our proposed rule to list this species.

Background

    A thorough review of the taxonomy, life history, ecology, and 
overall viability of the Yangtze sturgeon is presented in the Species 
Status Assessment (SSA) for the Yangtze sturgeon (Service 2017; 
available at http://www.regulations.gov at Docket No. FWS-HQ-ES-2017-
0047). The SSA documents the results of the comprehensive biological 
status review for the Yangtze sturgeon and provides an account of the 
species' overall viability through forecasting of the species' 
condition in the future (Service 2017, entire). In the SSA, we 
summarize the relevant biological data and a description of past, 
present, and likely future stressors and conduct an analysis of the 
viability of the species. The SSA provides the scientific basis that 
informs our regulatory decision regarding whether this species should 
be listed as an endangered or threatened species under the Act. This 
decision involves the application of standards within the Act, its 
implementing regulations, and Service policies (see Determination, 
below). The SSA contains the risk analysis on which this determination 
is based, and the following discussion is a summary of the results and 
conclusions from the SSA. We solicited peer review of the draft SSA 
from six qualified experts. We received responses from one of the 
reviewers, and we modified the SSA as appropriate.

Species Description

    The Yangtze sturgeon is a freshwater fish species that attains a 
maximum size of around 130 centimeters (4.3 feet (ft)) and a maximum 
weight of about 16 kilograms (35 pounds) (Billiard and Lecointre 2000, 
p. 368; Zhuang et al. 1997, pp. 257, 259). The species has a triangular 
head, an elongated snout, and large blowholes (Gao et al. 2009b, p. 
117). Yangtze sturgeons have tactile barbels at the front of their 
mouths that they use to dig for food. On the dorsal side, the Yangtze 
sturgeons are dark gray, brownish-gray, or yellow-gray in color. The 
rest of the body is milky white in color (Zhuang et al. 1997, p. 259).

Taxonomy

    Historically, the Yangtze sturgeon coexisted alongside the Chinese 
sturgeon in the Yangtze River. Initial attempts to differentiate the 
two species included using morphological measures. However, 
morphological characteristics can be influenced by differences in 
environmental conditions. For example, wild Yangtze sturgeon display 
grey color on the sides of their bodies while those bred in captivity 
sometimes display a darker color (Li et al. 2015, p. 186).
    Due to similarities in their morphology, the two sturgeons were not 
identified as separate species until 1869, based on collection of 
specimens obtained from the Yangtze River (Zhuang et al. 1997, p. 257). 
Multiple studies since have shown the Yangtze and Chinese sturgeons are 
very closely related and can be considered to be sister species 
(Krieger et al. 2008, p. 41; Zhu et al. 2008, p. 32; Zhang et al. 2000, 
p. 136). A study of mitochondrial DNA found that Yangtze and Chinese 
sturgeon have a divergence value of 0.3 percent. This is in contrast to 
Chinese sturgeon and starry sturgeon (Acipenser stellatus), which have 
a divergence value of 7.7 percent (Zhang et al. 2000, pp. 133-134). 
While these results suggest that Yangtze and Chinese sturgeon are 
closely related species, taxonomic confusion regarding the two species 
continued well into the 1960s (Li J. et al. 2015, p. 186). In addition 
to genetic similarities, Yangtze and Chinese sturgeon share the same 
habitat and multiple studies suggest that Yangtze sturgeon may be a 
landlocked ecotype of the Chinese sturgeon (Kynard 2016, pers. comm.; 
Li J. et al. 2015, p. 186; Krieger et al. 2008, p. 42; Zhang et al. 
2000, p. 136).
    Despite similarities between Yangtze and Chinese sturgeon, there 
are differences between the two species.

[[Page 61233]]

Yangtze and Chinese sturgeon can be differentiated by the different 
ecoregion they inhabit. The Chinese sturgeon is an anadromous species 
(species that spawn in freshwater and spend most of its life at sea) 
that migrates between coastal feeding grounds and spawning grounds in 
both the Yangtze River and the Pearl River. On the other hand, the 
Yangtze sturgeon is a potamodromous species (a species that conducts 
its entire life cycle in freshwater) that migrates between feeding 
grounds and spawning grounds entirely within the Yangtze River basin 
(Kynard et al. 2003, p. 28; Zhuang et al. 1997, pp. 257-295).
    In addition to differences in their life history, these two species 
can also be differentiated based on their mitochondrial and nuclear DNA 
(Li J. et al. 2015, pp. 185, 194). Therefore, despite possessing 
morphological and genetic similarities, there are differences in the 
habitat, life history characteristics, and genetic makeup between the 
two species. We thus accept the Yangtze sturgeon as a separate species 
as classified below:

Class: Actinopterygii
Order: Acipenseriformes
Family: Acipenseridae
Species: Acipenser dabryanus Dum[eacute]ril, 1869

Biology and Life History

    Although the Yangtze sturgeon's life history is similar to other 
sturgeon species, there are key differences. Based on the best 
available information, much of what is known about the Yangtze 
sturgeon's life history comes from research on the more numerous and 
studied Chinese sturgeon due to similarities in morphology, taxonomy, 
and life history between the two species. Yangtze sturgeons spawn in 
the spring from March to April, with a smaller late fall/early winter 
spawning period occurring from October to December (Qiwei 2010, p. 3; 
Gao et al. 2009b, p. 117; Kynard et al. 2003, p. 28). Spawning 
migration begins when water level, flow velocity, and silt content 
enters a downward trend (Zhang H. et al. 2012, p. 4).
    At the spawning site, female Yangtze sturgeons can lay between 
57,000 to 102,000 eggs. These eggs, when mature, are gray to black and 
range from 2.7 to 3.4 millimeters (0.11 to 0.13 inches) in diameter. 
The eggs are sticky and firmly adhere to the space between pebbles and 
boulders, known as the ``interstitial'' space, on the riverbed (Gao et 
al. 2009b, p. 117; Zhuang et al. 1997, p. 261). Larvae emerge from the 
eggs about 115 to 117 hours after fertilization, and they remain at the 
spawning ground for around 12 to 30 days before dispersing downstream 
(Kynard et al. 2003, pp. 33-34; Zhuang et al. 1997, p. 262). Yangtze 
sturgeons do not start their migration downriver until they become 
juveniles.
    Juvenile sturgeons disperse around 100 to 200 kilometers (km) (62 
to 124 miles (mi)) downstream from their spawning ground and arrive in 
backwater pools and sandy shallows with low velocity flow and rich mud 
and sand substrate where they feed on insects, aquatic plants, and 
small fish (Zhang et al. 2011, p. 184; Zhuang et al. 1997, p. 259). 
During the spring flood on the main stem of the Yangtze River, 
juveniles will move to the tributaries to feed. Young sturgeons will 
remain in these feeding reaches until they reach maturity (4 to 6 years 
for males and 6 to 8 years for females) after which they begin 
migrating upstream towards the spawning ground during the spring flood 
(Zhuang et al. 1997, p. 261).

Habitat

    The Yangtze sturgeon is found in sandy shoal with silt ground and 
gentle to moderate water flow (Bemis and Kynard 1997, p. 169; Zhuang et 
al. 1997, p. 259). The spawning habitat for the Yangtze sturgeon is a 
riverbed that contains larger boulders, pebbles, clear water with a 
velocity of 1.2 to 1.5 meters (m) per second (3.9 to 4.9 ft per 
second), and a depth of 5 to 15 m (16 to 49 ft) (Zhuang et al. 1997, p. 
261). The presence of large boulders ensures there is sufficient 
interstitial space between the rocks for eggs to adhere to. At the same 
time, smaller pebbles and gravel fill in the interstitial space so that 
water flowing through the space is not too high to prevent adherence 
(Du et al. 2011, p. 257). Sufficient velocity is also needed to prevent 
excess buildup of gravel in the interstitial space (Du et al. 2011, p. 
262). If there is insufficient interstitial space, eggs will not adhere 
to the boulders on the riverbed. If there is too much space, the water 
current will be too strong and the eggs will be washed away. Therefore, 
suitable sturgeon habitat has specific requirements for velocity and 
riverbed composition to ensure successful spawning.

Distribution

Historical Range
    As its name implies, the Yangtze sturgeon is found in the Yangtze 
River (Wu et al. 2014, p. 5). The river is more than 6,397 km (3,975 
mi) in length and is divided into three segments. The upper reach, 
which span a total of about 4,300 km (2,671 mi), is further sub-divided 
into two segments: the Jinsha River segment, which stretches from the 
headwater in Yushu in the Tibetan Plateau to Yibin, a distance of about 
2,300 km (1,429 mi), and the upper Yangtze River, which stretches from 
Yibin to the Three Gorges region at Yichang, a distance of about 1,000 
km (621 mi) (Cheng et al. 2015, p. 571; Jiang et al. 2008, p. 1471; Fu 
et al. 2003, p. 1651). Four major tributaries feed into the upper 
Yangtze. They are: the Min, Tuo, Jialing, and the Wu River (Chen Z. et 
al. 2001, p. 78). The middle reach is from Yichang to Hukou, a distance 
of about 950 km (590 mi). The Yangtze River widens in this segment and 
is identified by multiple large lakes, including Lake Dongting and Lake 
Poyang. The lower reach stretches from Hukou to the mouth of the river 
at Shanghai, a distance of about 930 km (577 mi) (Fu et al. 2003, p. 
1651).
    Historically, the Yangtze sturgeon was found in the lower portion 
of the Jinsha River and the upper, middle, and lower reaches of the 
Yangtze River, a distance of about 1,300 km (807 mi) (Wu et al. 2014, 
p. 5). The majority of historical sightings occurred in the lower 
Jinsha and upper Yangtze River with occasional sightings in the middle 
and lower Yangtze (Zhuang et al. 1997, p. 259). The species has also 
been found in major tributaries that feed into the upper Yangtze 
including the Min, Tuo, and Jialing (Artyukhin et al. 2007, p. 370). 
There have also been sightings of the species in Dongting Lake and 
Poyang Lake in the middle and lower reaches, respectively (Zhuang et 
al. 1997, p. 259). One sighting took place as far downstream as Anhui 
province, a distance of more than 2,000 km (1,242 mi) downstream from 
Yibin (Zhuang et al. 1997, p. 261). The species' spawning reach is 
understood by Yangtze sturgeon researchers to have occurred from 
Maoshui in the lower Jinsha River to Hejiang in the upper Yangtze River 
(Zhang et al. 2011, p. 184).
Current Range
    The Yangtze sturgeon's current range is limited to the upper 
Yangtze River and its tributaries in the reaches between Yibin and 
Yichang, a distance of about 1,000 km (Wu et al. 2014, p. 5; Dudgeon 
2010, p. 128; Huang et al. 2011, p. 575; Zhang et al. 2011, p. 181; 
Artyukhin et al. 2007, p. 370). The completion of the Gezhouba Dam in 
1981 at Yichang prevented the upstream migration of adults to the 
species' spawning ground (Zhuang et al. 1997, p. 261). As a result of 
the construction of Gezhouba Dam, the species may have been extirpated 
in reaches below the dam (Li et al. 2015, p. 186; Zhu et al. 2008, p. 
30). That said, from 2014-2017,

[[Page 61234]]

fishermen below Gezhouba Dam accidently captured four adult Yangtze 
sturgeons, suggesting the presence of a very small remnant population 
(Du 2017, pers. comm.). Due to Gezhouba Dam's smaller size, the 
reservoir for the Gezhouba Dam is relatively small (Kynard 2017, pers. 
comm.) However, the Three Gorges Dam, located slightly upstream from 
Gezhouba Dam, and its reservoir changed the hydrology of the Yangtze. 
Construction on the Three Gorges Dam began in 2003 and was completed in 
2009. The reservoir, which extends 600 km (372 mi) upstream, further 
reduced the species' range by modifying reaches above Three Gorges Dam 
to a lentic (still water) system (Chen D. et al. 2009, p. 341; Fu et 
al. 2003, p. 1650). Loss of lotic (rapidly moving water) ecosystem 
reduces the quality of remaining habitat for the species (Kynard 2016, 
pers. comm.; Cheng et al. 2015, pp. 570, 576). On the lower Jinsha 
River, in the upstream portion of the species' historical range, the 
construction of the Xiangjiaba Dam, which was completed in 2008, 
limited the species' spawning ground to areas below the dam (Zhang et 
al. 2011, pp. 183-184). The species continues to ascend the major 
tributaries in the upper Yangtze, including the Min, Tuo, and Jialing 
River (Huang et al. 2011, p. 575; Artyukhin et al. 2007, p. 370).

Historical and Current Population

    The Yangtze sturgeon was historically abundant and was commercially 
harvested up to the 1970s (Lu et al. 2015, p. 89; Zhang et al. 2013, p. 
409; Kynard et al. 2003, p. 27). The majority (80 percent) of harvest 
of Yangtze sturgeon took place during the 1950s to the 1970s. However, 
overharvesting during this time period led to a sharp decline in the 
population size (Kynard et al. 2003, p. 27).
    While there may have been natural recruitment of the species in the 
1990s, no natural recruitment has been observed in the wild since the 
2000s (Du et al. 2014, p. 1; Wu et al. 2014, p. 1). The population is 
currently being sustained by artificial restocking. Between the years 
of 2010-2013, 7,030 Yangtze sturgeon juveniles were released into the 
middle and upper Yangtze River in two to three batches each year (Wu et 
al. 2014, p. 3). Restocking efforts have been ongoing in the reaches 
below Gezhouba Dam since 2014 (Hu 2017, pers. comm.). However, 
restocked sturgeons suffer from low fitness; most notably, they lack 
the ability to survive to reproductive age. Capture data obtained from 
the releases in 2010-2013 found that 95 days after restocking, no 
restocked sturgeons were caught either by researchers or by fishermen 
in the upper Yangtze River (Wu et al. 2014, pp. 3-5). These results 
indicate that restocked sturgeon have a very low survival rate. 
Although we do not have population estimates for the species, based on 
the fact that there has been no observable natural reproduction since 
the 2000s and the low survival rate of restocked sturgeon, the species 
population in the Yangtze River is likely to be very low when compared 
to historical numbers (Du et al. 2014, p. 1; Wu et al. 2014, p. 4).

Summary of Threats and Conservation Measures That Affect the Species

    The Act directs us to determine whether any species is an 
endangered species or a threatened species because of any factors 
affecting its continued existence. We completed a comprehensive 
assessment of the biological status of the Yangtze sturgeon, and 
prepared a report of the assessment, which provides a thorough account 
of the species' overall viability. In this section, we summarize the 
conclusions of that species status assessment, which can be accessed at 
Docket No. FWS-HQ-ES-2017-0047 on http://www.regulations.gov.

Dams on the Yangtze River and Its Effects

    The topography of the upper Yangtze River basin is characterized by 
mountains of varying heights. The change in elevation between the upper 
Yangtze to the lower Yangtze amounts to 3,280 m (10,761 ft), which 
makes the upper Yangtze River an ideal place for hydroelectric projects 
(Fan et al. 2006, p. 33). The growth of dam construction in China has 
accelerated during the past decades. From the 1970s to the 1990s, an 
average of 4.4 large reservoirs (capacity greater than 0.1 km\3\) were 
constructed per year. By the 2000s, this number had increased to an 
average construction rate of 11.8 large reservoirs per year. By 2011, 
China possessed 552 large reservoirs, 3,269 medium reservoirs (capacity 
of 0.01-0.1 km \3\), and 84,052 small reservoirs (capacity of 0.0001-
0.01 km \3\); of this number, the Yangtze River basin contained 45,000 
dams and reservoirs, including 143 dams having large reservoirs, or a 
quarter of all large reservoirs in China (Miao et al. 2015, p. 2350; 
Mueller et al. 2008, p. 233). The construction of dams and reservoirs 
have multiple and broad effects on the Yangtze sturgeon and its 
habitat, including limiting connectivity between spawning and feeding 
reaches; altering water temperature, water discharge, and velocity 
rates; and changing sediment concentration.
Connectivity
    Dam construction on Yangtze River limits the ability of the Yangtze 
sturgeon to migrate between spawning and feeding reaches. Dam 
construction on the Yangtze occurs on both the upper and lower end of 
the species' current range. In the middle Yangtze River, the 
construction of Gezhouba Dam in 1981 prevented migration of adults 
downstream of the dam from being able to migrate to the species' 
spawning ground in the upper Yangtze near Yibin (Miao et al. 2015, p. 
2351; Dudgeon 2010, p. 128; Fang et al. 2006, p. 375; Zhuang et al. 
1997, p. 261). Although the reaches below Gezhouba Dam might be 
suitable for the species, at present there has been no observed natural 
reproduction below Gezhouba Dam (Du 2017, pers. comm.). The 
construction of Three Gorges Dam created a reservoir, which affected 
individuals of the species upstream. The Three Gorges Dam reservoir, 
which extended 600 km upstream from the dam, transformed the area into 
unsuitable habitat (Kynard 2016, pers. comm.; Cheng et al. 2015, p. 
570; Miao et al. 2015, p. 2351). After the construction of the 
reservoir, the species rarely moves to reaches below Chongqing, a 
distance of approximately 500 km (Wu et al. 2015, p. 5).
    Meanwhile, the construction of Xiangjiaba Dam on the lower Jinsha 
River segment occurred on part of the historical spawning reach of the 
species. Xiangjiaba Dam is a barrier to all fish species and prevents 
the migration to areas above or the below the dam (Wu et al. 2014, p. 
2). However, the species may be able to use spawning reaches below the 
dam (Fan et al. 2006, p. 36). That said, a dam located upstream from 
the species' habitat affects the species downstream by altering water 
temperature and sedimentation rate, which we discuss below (Fan et al. 
2006, p. 36).
    In addition to dams currently present on the lower Jinsha and upper 
Yangtze River, in the early 2000s, a proposal was presented for the 
construction of the Xiaonanhai Dam, which is to be located upstream 
from Chongqing. If built, this dam will create a barrier between the 
species' last known spawning ground and feeding reach, which, depending 
on design, could have a negative impact on the species (Cheng et al. 
2015, p. 579). However, at present, China's Ministry of Environmental 
Protection has rejected the proposal and any future dam projects on the 
last stretch of free-flowing Yangtze River due to environmental impacts 
(Chang 2016, pers. comm.; Kynard 2016, pers. comm.; Mang 2015, 
unpaginated).

[[Page 61235]]

    While the rejection of the proposal to construct the Xiaonanhai Dam 
is good for Yangtze sturgeon, the country's twelfth 5-year plan stated 
that renewable resources should make up 15 percent of all energy 
generated in China with 9 percent coming from hydroelectric source. 
This plan translates to an additional 230 gigawatt (GW) of power 
generated via hydroelectric dam. This target is a very ambitious one, 
given that Three Gorges Dam generates 18 GW of power per year (Dudgeon 
2011, p. 1496). Furthermore, although the plan to construct the 
Xiaonanhai Dam has been rejected, plans to construct dams on the Jinsha 
River as part of a 12-dam cascade are still proceeding (Dudgeon 2010, 
p. 129).
Water Temperature
    Historically, dams negatively affect the reproductive success of 
Yangtze sturgeon by altering water temperature flowing through the 
species' habitat. Water temperature influences the reproductive success 
of the Yangtze sturgeon at two stages in its life cycle: Commencement 
of spawning migration and egg survival. Spawning migration of the 
Yangtze sturgeon will not start until the water temperatures reach 18 
degrees Celsius ([deg]C) (64.4 degrees Fahrenheit ([deg]F)) (Cheng et 
al. 2015, p. 578). Historically, before the construction of the 
Xiangjiaba and other dams on the lower Jinsha, water temperature 
reached 18 [deg]C (64.4[emsp14][deg]F) around April. However, the 
construction of the dams stratified the water table. As most dams on 
the Yangtze are designed to release cold water located at the bottom of 
the dams, the spawning season for the Yangtze sturgeon could be delayed 
by more than a month (Deng et al. 2006 and Wang et al. 2009, as cited 
in Cheng et al. 2015, p. 578). This delay shortens the maturing season 
for juveniles and is likely to reduce the species' survival rate. 
Additionally, if the water remains too cold for too long, sturgeon eggs 
will not mature, resulting in total loss of reproduction for that 
season (Kynard 2016, pers. comm.).
Water Discharge and Velocity
    By altering discharge rates, dams affect the Yangtze sturgeon's 
reproductive success by affecting the timing of spawning migration. The 
species' spawning migration begins when flow rate increases during the 
spring flood (Zhuang et al. 1997, p. 261). At Yichang, the most 
downstream portion of the Yangtze sturgeon's current range, the mean 
discharge rate from 1983 to 2004 (before the construction of Three 
Gorges Dam) was between 10,000 m\3\/s and 17,000 m\3\/s. After the 
construction of the Three Gorges Dam, mean flow rate varies between 
12,780 m\3\/s in high flow years and 6,414 m\3\/s in low flow years 
(Chen and Wu 2011, p. 384). For Chinese sturgeon, successful spawning 
occurs when water discharge is between 7,000 and 26,000 m\3\/s. This 
means that although flow rate during high flow years remains in the 
optimal discharge rate for Chinese sturgeon spawning, discharge rates 
during low flow years could have a negative impact on spawning success 
rates of both sturgeon species (Chen and Wu 2011, p. 385).
    While we do not have long-term historical data for water discharge 
rate for the Yangtze sturgeon at Yibin, the flow rate at Chongqing 
during the years 1950-2000 was between 4,540 m\3\/s and 11,000 m\3\/s 
(Zhang et al. 2011, p. 183). Since Chongqing is farther upstream from 
Yichang, this flow rate may be the river's natural rate at this section 
of the Yangtze. However, following the impoundment by the Xiangjiaba 
Dam in October 2012 and the Xiluodo Dam in May 2013, discharge in the 
lower Jinsha has declined more than 50 percent, suggesting that current 
flow rate is likely to be lower than the flow rate between 1950 and 
2000 (Cheng et al 2015, p. 577). The Jinsha River feeds into the upper 
Yangtze River. This means that reduction in flow rate on the Jinsha 
will also reduce the flow rate on the upper Yangtze River. Given that 
the Yangtze sturgeon is closely related to the Chinese sturgeon, a 
reduction of flow rate by over 50 percent could have a significant 
negative impact on the reproductive success rate of the Yangtze 
sturgeon given its already tenuous biological status.
Sedimentation Concentration
    In addition to affecting spawning of Yangtze sturgeon, dams affect 
the condition of the species' spawning ground through changes in the 
water velocity and sedimentation load. Because reproductive success of 
sturgeon is tied to the amount of suitable habitat, a reduction in 
habitat area can reduce the reproductive success of the species (Ban et 
al. 2011, p. 96; Bemis and Kynard 1997, p. 169). Specifically, flow 
rates affect the Yangtze sturgeon by affecting the sedimentation 
concentration in the water and on the riverbed. As noted before, 
Yangtze sturgeon lay their eggs on the interstitial spaces between 
rocks and boulders. The makeup of the riverbed needs to contain the 
right concentration of small pebbles and larger boulders to provide 
sufficient space for adherence and aeration of the eggs (Du et al. 
2011, pp. 261-262; Bemis and Kynard 1997, p. 169).
    Historically, discharge rates and sedimentation load were in 
alignment with precipitation rates. A low discharge rate results in low 
sedimentation load. High discharge rates lead to higher sediment load, 
as high flows are able to transport more sediments downstream (Chen Z. 
et al. 2001, pp. 88-89). However, dams cause discharge and 
sedimentation rates to go out of alignment. While discharge rates 
remain aligned with precipitation rate, the sedimentation load pattern 
displays a 2-month delay due to sediment being trapped behind the dams. 
When the spring flood occurs, numerous dams release highly concentrated 
sediment downstream all at once, resulting in an asymmetrical sediment 
load pattern (Chen Z. et al. 2001, p. 90). The effects of sediment load 
patterns on the species' habitat occur at two stages: Release of 
sediments during high river stages and reduced sediment size and load 
over time (Dudgeon 2011, pp. 1488, 1495).
    The Jinsha River dams trap up to 82 percent of the sediment during 
the winter months, resulting in ``clean'' (i.e., sediment-free) water 
flowing downstream. This ``clean'' water lacks nutrients and may 
decrease the food supply of the Yangtze sturgeon over the winter months 
(Cheng et al. 2015, p. 578). During the subsequent spring flood, the 
release of concentrated sediment by dams likely results in sediments 
filling in all the interstitial spaces in spawning habitat, thereby 
reducing available spawning habitat for that season.
    Despite the spring release of concentrated sediments, sediment load 
is expected to decline over time. At Yichang, sediment load per year 
has decreased from 530 mega tons (Mt) per year in the 1950s-1960s, to 
60 Mt per year after 2003. Additionally, suspended sediment at Yichang 
below Three Gorges Dam has decreased in size from 8-10 micrometers in 
1987-2002 to 3 micrometers after 2003 (Yang et al. 2011, pp. 16-17). 
Reduction in sediment size can lead to increased embeddedness of 
available interstitial space. At the reaches below Gezhouba Dam, 
sedimentation has reduced available interstitial space by up to 50 to 
70 percent (Du et al. 2011, p. 262). This prevents the adherence of 
eggs to the river bottom and reduces the quality of remaining spawning 
habitats.
Summary of Effects of Dams on the Yangtze Sturgeon
    Dam construction in the middle Yangtze and lower Jinsha has 
restricted

[[Page 61236]]

the species' range to the reaches of the Yangtze between Yibin and 
Yichang (Wu et al. 2014, p. 5). These projects prevented the migration 
of the species upstream and downstream of the dams. Although there is 
currently access between the species' remaining spawning and feeding 
grounds, the condition of remaining habitat is likely to be negatively 
affected by changes to the river flow and sedimentation rate. The 
formation of the Three Gorges reservoir has transformed the 600-km 
reach above the dam into a lentic system, resulting in unsuitable 
habitat for the species (Kynard 2016, pers. comm.; Cheng et al. 2015, 
pp. 570, 576). As a result, Yangtze sturgeon rarely use habitat 
downstream from Chongqing (Wu et al. 2014, p. 5).
    Upstream from the species' current range, the construction of the 
Xiluodu and Xiangjiaba Dam is likely to negatively affect the 
reproductive success of the Yangtze sturgeon. Through the release of 
cold water during the spring flood, the dam can delay the spawning 
migration of the sturgeon, which will either shorten the maturation 
time for juveniles or prevent the successful maturation of eggs 
altogether (Kynard 2016, pers. comm.; Cheng et al. 2015, p. 578). 
Alteration to sediment concentration in both the short term and long 
term reduces the quality of remaining habitat (Du et al. 2011, p. 262). 
Given the lack of observed natural reproduction of the species in the 
upper Yangtze, dams significantly affect the viability of the species.

Overfishing (historical) and Bycatch (current)

    Historically, the Yangtze sturgeon was commercially harvested on 
the Yangtze River. In the 1960s, harvest of Yangtze sturgeon accounted 
for 10 percent of total harvest. In the 1970s, 5,000 kilograms (5.5 
tons) of Yangtze sturgeons were caught in the spring season at Yibin 
(Zhuang et al. 1997, p. 262). Since then however, the population of 
Yangtze sturgeon has declined significantly (Zhang et al. 2013, p. 
409). This decline is due to multiple reasons. Fishermen use fine mesh 
nets that prevent smaller fish, weighing as little as 50 grams (1.7 
ounces), from being able to escape. The number of fishing boats 
increased from 500 in 1950s to 2,000 by 1985. More than 140,000 
fishermen currently depend on the river for a living. Furthermore, the 
fishing season overlapped with the main spawning season of the Yangtze 
sturgeon (Yi 2016, p. 1; Fan et al. 2006, p. 37; Zhuang et al. 1997, p. 
262). The replacement of bamboo and reed gear with gear made from 
synthetic fibers further contributed to a higher catch rate of 
sturgeons (Chen D. et al. 2009, p. 346).
    Despite attempts to help conserve the species by restocking, 
restocked juveniles experience very low survival rates (Wu et al. 2014, 
p. 4). From 2010 to 2013, restocking operations released 7,030 
juveniles into the upper Yangtze River main stem. Subsequent bycatch 
between 2010 and 2013 recorded a total of 112 sturgeons caught, 
indicating a very low survival rate of stocked juveniles (Wu et al. 
2014, p. 3). These results suggest very low survivability of restocked 
sturgeon, and the subsequent impacts from bycatch are too high for the 
species to persist (Wu 2016, pers. comm.; Wu et al. 2014, p. 4).

Riverbed Modification

    The Yangtze sturgeon requires river substrate to contain suitable 
concentration to reproduce successfully (Du et al. 2011, p. 257). 
Alteration to the riverbed has reduced the reproductive success of this 
species. To improve navigation on the lower Jinsha and upper Yangtze 
River, multiple projects, including sand and gravel extraction 
operations, were implemented on the reaches between Shuifu and Yibin 
and Yibin and Chongqing (Zhang et al. 2011, p. 184). Between 2005 and 
2009, $44 million (converted to U.S. dollars) were invested to improve 
the navigation between Yibin and Chongqing. These investments have led 
to the modification of 22 riffles (a shallow section of a stream or 
river with rapid current and a surface broken by gravel, rubble or 
boulders) on the upper Yangtze and the deepening of the channel from 
1.8 m (5.9 ft) to 2.7 m (8.8 ft) (Zhang et al. 2011, p. 184). 
Additionally, up to 10, 6, and 3 river dredge ships operate in the 
Yangtze River, the Jinsha River, and the Min River, respectively. The 
operations of these ships alters the bottom topography of the 
riverbeds, which results in the loss of benthic habitat and spawning 
ground for many fish species, including the Yangtze sturgeon (Fan et 
al. 2006, p. 37). These projects are occurring on or near current 
Yangtze sturgeon spawning and feeding grounds from Yibin to Hejiang. 
Thus these operations will continue to reduce the quality and quantity 
of remaining habitat (Zhang et al. 2011, p. 184).

Industrial Pollution

    As a benthic predator, the Yangtze sturgeon is exposed to higher 
concentrations of industrial pollution than many other fish species 
(Yujun et al. 2008, pp. 341-342). While we are not aware of any studies 
that analyze the impacts of industrial pollution on Yangtze sturgeon 
specifically, there have been studies on Chinese sturgeon and other 
sturgeon species. Industrial pollutants such as triphenyltin (TPT) 
affect reproductive success of the Chinese sturgeon. TPT, used in paint 
on ship hulls and in fishnets in China, can be absorbed into the eggs 
of Chinese sturgeon, resulting in increased deformities including 
abnormal development and skeletal and morphological deformities in 
embryos (Hu et al. 2009, pp. 9339-9340).
    A study on TPT exposure to 2- to 3-day-old Chinese sturgeon larvae 
found that 6.3 percent showed skeletal/morphological deformities and 
1.2 percent had no eyes or only one eye. At the same time, larvae from 
spawning hatches of captured adults showed skeletal/morphological 
deformities of 3.9 percent and 1.7 percent that had only one eye or no 
eyes. Given the rate of deformities found in this study, the capability 
for the studied Chinese sturgeon to reproduce was reduced by 58.4 to 
75.9 percent (Hu et al. 2009, p. 9342). Because the Yangtze and Chinese 
sturgeon are closely related species, the presence of TPT in the upper 
Yangtze River is likely reducing the reproductive success of the 
Yangtze sturgeon by a similar rate.
    In addition to TPT, the presence of endocrine disruptors compound 
(EDC) affects Chinese sturgeon by inducing declining sperm activity, 
intersex testis-ova, and a decline in male to female ratio in the 
population (An and Hu 2006, p. 381). A study on EDC found that the 
concentration of EDC in the Yangtze River (1.55 to 6.85 micrograms per 
liter) is very high and could have a detrimental impact on sturgeon in 
the river. This result suggests that industrial discharge of EDC is 
occurring in the Yangtze.
    As a result of rapid industrialization on the Yangtze River, higher 
concentration of heavy metals are found in the Yangtze River (Yujun et 
al. 2008, p. 338). High concentration of heavy metals leads to greater 
accumulation in all aquatic organisms (Yujun et al. 2008, p. 339). The 
toxicity effect of heavy metal accumulation is especially pronounced in 
zoobenthic predators, like the Yangtze sturgeon, because they occupy a 
higher position in the food chain. The result is that by consuming 
smaller prey species that have absorbed heavy metal, zoobenthic 
predator build up heavy metal accumulation inside their bodies (Yujun 
et al. 2008, p. 346). Given that heavy metal concentration is highest 
in benthic animals, especially zoobenthic predators like the sturgeon, 
the effect of heavy metals on the

[[Page 61237]]

sturgeon could be more pronounced than other aquatic species (Yujun et 
al. 2008, p. 341; An and Hu 2006, p. 381). Despite the known impacts on 
captured Chinese sturgeon, we currently do not have evidence of 
population-level impacts of EDC or heavy metal on the wild Yangtze 
sturgeon population. That said, even though we have no evidence of 
morphological deformities in wild sturgeon, it is likely that 
industrial pollution does have an effect on the reproductive success of 
wild sturgeon.

Hybridization With Displaced Native and Nonnative Sturgeon

    Despite decline in wild fishery yields, the Yangtze basin remains 
one of the major centers of China's aquaculture industry. Fishery 
yields from the basin accounts for 65 percent of total freshwater 
fisheries production in China (Shen et al. 2014, p. 1547; Chen D. et 
al. 2009, p. 338). In the past 30 years, sturgeon aquaculture in China 
has risen significantly. Although commercial aquaculturing of sturgeon 
only started in the 1990s, by 2006, production had reached 17,424 tons, 
which accounts for 80 percent of the world total production (Shen et 
al. 2014, p. 1548). The growth of the aquaculture industry in China saw 
aquaculture farms constructed across all branches of the Yangtze River 
(Li R. et al. 2009, p. 636). Sturgeon species that are commonly used in 
the aquacultural industry include A. schrenckii, Huso dauricus, and 
other Amur River sturgeon hybrids (Li R. et al. 2009, p. 636). However, 
none of these commonly cultured species are native to the Yangtze 
River. Additionally, there is a lack of regulation and enforcement of 
regulation to properly manage hybridization of sturgeon species. There 
is also the problem of aquaculture sturgeon escaping from sturgeon 
farms into the wider river system (Li R. et al. 2009, p. 636). The 
result is a comingling of native, exotic, and hybrid sturgeon species 
which could have a negative impact on the Yangtze sturgeon (Shen et al. 
2014, p. 1549; Li R. et al. 2009, p. 636).
    There is currently no native-strain farm (farm that raises native 
species) for sturgeons in China. Because no farms in China focus on 
raising native stock in large enough number, this system creates 
shortages of parental stock of native sturgeons. In response to this 
shortage, farmers crossbreed wild-caught sturgeon with any sturgeon 
species available including nonnative species (Xiong et al. 2015, p. 
658; Li R. et al. 2009, p. 636). For example, in 2006, there was a 
shortage of Siberian sturgeon in China (Acipenser baerii). Farmers then 
started crossbreeding Siberian sturgeon with Russian sturgeon (A. 
gueldenstaedtii), Sterlet sturgeon (A. ruthenus), and Amur sturgeon (A. 
schrenckii) (Li R. et al. 2009, p. 636). Crossbreeding of sturgeon 
species in China alters the wild population makeup. A study on the 
lower Yangtze River in 2006 found that of the 221 young sturgeons 
captured, 153 were hybrids, which accounted for 69.9 percent of total 
sturgeons caught (Li R. et al. 2009, p. 636). This information 
indicates that farmed hybrids are escaping into the river system. 
Although this study was conducted in the lower Yangtze River, because 
sturgeon aquaculture occurs across the Yangtze River system, it is 
likely that hybridization is occurring in the upper Yangtze River as 
well.
    The uncontrolled hybridization of native and nonnative species on 
the Yangtze alters the population dynamics between hybrids and native 
stocks. Hybridization may reduce the fitness of the overall population 
or replace a population of native fish with hybrids (Shen et al. 2014, 
p. 1549; Li R. et al. 2009, p. 636). Hybridization may also result in 
hybrids with better fitness than wild stock that outcompete wild native 
stock of Yangtze sturgeon for habitat and resources. When native fish 
are unavailable, farmers tend to import nonnative fish that have better 
characteristics, such as higher growth rate and better adaptability. 
These non-native sturgeons are bred with available native sturgeon to 
produce hybrids. These hybrids oftentimes escape or are accidentally 
introduced into the wild and then compete with the Yangtze sturgeon for 
resources (Xiong et al. 2015, pp. 657-658). Although hybridization is 
likely to be occurring all along the Yangtze River, we currently do not 
have information on the rates of hybridization of sturgeon in the upper 
Yangtze or how significant the effects are on the Yangtze sturgeon. 
That said, given that hybridized sturgeons make up 69.9 percent of 
sturgeons found in the studied area, it is likely that sturgeon hybrids 
are competing, and will likely continue to compete, with native stocks 
for habitat and resources throughout the Yangtze River system.

Management Efforts

    As a result of overfishing and the construction of Gezhouba Dam in 
1981, the population of Yangtze sturgeon has declined (Du et al. 2014, 
p. 1; Wu et al. 2014, p. 1; Zhang H. et al. 2011, p. 181). In response 
to the decline of the species, national and local officials have 
embarked on a number of initiatives to help conserve the species. These 
initiatives include increasing legal protection for the Yangtze 
sturgeon, creating and designating part of the species' range as a 
protected area, and repopulating the species in the wild through 
restocking (Zhang H. et al. 2011, p. 181; Fan et al. 2006, p. 35; Wei 
et al. 2004, p. 322).

Legal Protections

    In response to the decline of the Yangtze sturgeon, in 1989, 
China's State Council added the Yangtze sturgeon to the National Red 
Data Book for Threatened Chinese Fish as a Class I Protected Animal (Wu 
et al. 2014, p. 1; Zhang H. et al. 2011, p. 181; Dudgeon 2010, p. 128; 
Wei et al. 2004, p. 322; Zhuang et al. 1997, p. 258). Animals listed as 
a Class I species are protected from certain activities, including 
hunting, capturing, or killing, for both commercial and personal uses. 
Scientific research, domestication, breeding, and exhibition are 
exempted (Wei et al. 2004, p. 322). Transportation of Class I-listed 
species requires approval from the Department of Wildlife 
Administration. Import or export of Class I aquatic species is 
regulated by the Fisheries Bureau of the Minister of Agriculture (Wei 
et al. 2004, p. 323).
    In addition to its listing under national law, the species has also 
been included in Appendix II of the Convention on International Trade 
in Endangered Species of Wild Fauna and Flora (CITES) since 1998 
(Ludwig 2008, p. 5; CITES 1997, pp. 152-153). The CITES trade database 
has recorded no international trade of this species going as far back 
as 1975 (the oldest date on CITES database) (CITES 2017). International 
trade in CITES species is regulated via a permit system. Under Article 
IV of CITES, export of an Appendix-II specimen requires the prior grant 
and presentation of an export permit. Export permits for Appendix-II 
specimens are only granted if the Management Authority of the State of 
export is satisfied that the specimens were lawfully obtained and if 
the Scientific Authority of the State of export has advised that the 
trade is not detrimental to the survival of the species in the wild. 
For any living specimen, the Management Authority of the State of 
export must also be satisfied that the specimen will be so prepared and 
shipped as to minimize the risk of injury, damage to health or cruel 
treatment. Re-export of an Appendix-II specimen requires the prior 
grant and presentation of a re-export certificate, which is only 
granted if the Management Authority of the State of re-export is 
satisfied that the specimen

[[Page 61238]]

was imported into that State in accordance with CITES and, for any 
living specimen, that the specimen will be so prepared and shipped as 
to minimize the risk of injury, damage to health or cruel treatment. 
Certain exemptions and other special provisions relating to trade in 
CITES specimens are also provided in Article VII of CITES. In the 
United States, CITES is implemented through the Act and regulations at 
50 CFR part 23.
    Additionally, since 2003, a fishing ban on all fish species has 
been implemented in the upper Yangtze River from February 1 to April 
30. Starting in 2017, the fishing ban was extended from March to June 
(Du 2017, pers. comm.). One of the side effects of this ban is a 
reduction in the bycatch of Yangtze sturgeon since the time period of 
the ban coincides with the spawning season of the Yangtze sturgeon 
(Chen D. et al. 2012, p. 532; Chen D. et al. 2009, p. 348).
    Despite the implementation of legal protection for the species, 
there are several shortcomings with the current regulatory mechanisms 
for the species. China currently does not have a specialized, dedicated 
agency to manage fisheries resources across the country. Riverine 
resource management is maintained at local levels which are often 
located in major population center, far away from the fishery resource 
(Chen D. et al. 2012, p. 541). In the case of Yangtze sturgeon, these 
different jurisdictions have variations in regulation and conservation 
goals for the Yangtze River ecosystem, which limits coordination of 
species-conservation efforts and the overall effectiveness in managing 
species conservation across the Yangtze River basin (Chen D. et al. 
2012, p. 541).
    In addition to a lack of a specialized body or other effective 
basin-wide conservation efforts, lack of funding is major problem for 
local jurisdictions. Enforcement officers often lack basic equipment, 
such as boats, to carry out fishing regulations within the fishery 
(Chen D. et al. 2012, p. 541). Additionally, while commercial 
harvesting of the species is prohibited, bycatch is still occurring and 
may still be too high to sustain a wild breeding population (Zhang H. 
et al. 2011, p. 184). The new fishing ban implemented in 2017 has the 
potential to reduce bycatch (Du 2017, pers. comm.). However, the 
positive effects from a fishing ban on the Yangtze may be limited, 
given the importance of the Yangtze to the economic well-being of 
riverside communities as entire stretches of the river cannot be closed 
off to fishing (Fan et al. 2006, p. 38).

Protected Areas

    To offset the effects of habitat loss due to dams, China's State 
Department established in 2000 the National Reserve of Hejiang-Leibo 
Reaches of the Yangtze River for Rare and Endangered Fishes (Zhang H. 
et al. 2011, p. 181; Fan et al. 2006, p. 35). The reserve is located on 
the upper Yangtze River on the reaches between Xiangjiaba Dam and the 
city of Chongqing. This reserve is intended to protect three imperiled 
fish species, the Yangtze sturgeon, the Chinese paddlefish (Psephurus 
gladius), and the Chinese high-fin banded shark (Myxocyprinus 
asiaticus), as well as 37 other endemic fish species (Fan et al. 2006, 
p. 35). In 2005, the reserve was expanded to mitigate the impact from 
current and future hydroelectric projects (Zhang H. et al. 2011, pp. 
181-182). While the reserve plays an important role in protecting 
wildlife within its borders, expansion of the hydroelectric project in 
the lower Jinsha River and upper Yangtze outside the protected area is 
likely to undermine the effectiveness of the reserve. In order to 
facilitate economic growth, China has decentralized authority for 
infrastructure development from the state to local municipalities. This 
decentralized model has resulted in provincial governments prioritizing 
economic growth over environmental impacts (Dudgeon 2011, p. 1496).
    Since 2003, hydroelectric projects in China are subjected to 
environmental assessments and approval from the Ministry of 
Environmental Protection (Ministry) (Dudgeon 2011, p. 1496). However, 
this approval is routinely ignored even by nationally owned 
corporations. For example, in 2004, China Three Gorges Corporation 
(CTGC) began construction of the Xiluodu Dam in the Lower Jinsha 
without obtaining permission from the Ministry (Dudgeon 2011, pp. 1496-
1497). In response, the Ministry suspended work on the dam in 2005. 
However, despite initial reservation about the lack of an environmental 
impact assessment, the Ministry quickly compiled reports and allowed 
the dam construction to proceed (Dudgeon 2011, p. 1499). Additionally, 
in 2009 the Ministry gave the authority to build two additional dams on 
the Jinsha segment to other dam construction companies after a brief 
suspension (Dudgeon 2010, p. 129). Overall, these temporary suspensions 
of construction have done little to slow down the pace of dam 
development. In 2011, CTGC began constructing the Xiangjiaba Dam on the 
Lower Jinsha. The location of this dam would have occurred within the 
500-km boundary of the National Reserve of Hejiang-Leibo Reaches. The 
CTGC successfully petitioned the State Council to redraw the boundaries 
of the reserve to exclude the section of the river where the Xiangjiaba 
Dam is located (Dudgeon 2011, p. 1500; Dudgeon 2010, p. 129). The 
reserve, now renamed the National Natural Reserve Area of Rare and 
Special Fishes of the Upper Yangtze River, encompasses the reaches 
below the Xiangjiaba Dam from Yibin to Chongqing as well the 
tributaries that feed into the Yangtze (Zhang H. et al. 2011, p. 182; 
Fan et al. 2006, p. 35). The redrawing of the area of the reserve to 
accommodate the construction of Xiangjiaba Dam lends further evidence 
that local governments are prioritizing growth over environmental 
impacts. The construction of the Xiangjiaba Dam led to the impoundment 
of the reach upriver, which will affect the flow and sedimentation rate 
downstream (Cheng et al. 2015, p. 577; Dudgeon 2011, p. 1500). Given 
the lack of natural reproduction of the Yangtze sturgeon and future 
impacts from the dam, it is unlikely that the current boundary of the 
reserve will be sufficient to maintain a wild breeding population of 
this species (Kynard 2016, pers. comm.; Dudgeon 2011, p. 1500).

Restocking

    As a result of the decline of the species, controlled reproduction 
and release of juvenile Yangtze sturgeon has occurred every year since 
2007 (Zhang H. et al. 2011, p. 181). Between 2007 and 2012, more than 
10,000 Yangtze sturgeon juveniles were released into the upper Yangtze 
on reaches downstream from Xiangjiaba Dam (Wu et al. 2014, p. 1). In 
2014, restocking was started on the reaches below Gezhouba Dam (Du 
2017, pers. comm.). While this number pales in comparison to the six 
million Chinese sturgeon that have been released since 1983, the 
restocking of the Yangtze sturgeon represent an attempt by local and 
state officials to try to maintain the species in the wild (Chen D. et 
al. 2009, p. 349).
    Despite the efforts to restock the Yangtze sturgeon in the wild, 
current restocking efforts are unsuccessful (Wu et al. 2014, p. 4). No 
juveniles were caught 95 days after release, indicating that released 
sturgeon experienced a very high mortality rate (Wu et al. 2014, p. 4). 
There are multiple possible reasons for the limited success of current 
restocking efforts, including poor breeding and rearing techniques that 
result in progeny with low survival rates in the wild, high bycatch 
rate, and loss or deterioration of remaining

[[Page 61239]]

habitats (Cheng et al. 2015, pp. 579-580; Du et al. 2014, p. 2; Shen et 
al. 2014, p. 1549; Zhang H. et al. 2011, p. 184). Thus, despite 
attempts to conserve the species in the wild through restocking, with 
all the other forces acting on the Yangtze sturgeon it is unlikely that 
current restocking efforts are adequate to improve the species' 
condition in the wild.

Stochastic (Random) Events and Processes

    Species endemic to small regions, or known from few, widely 
dispersed locations, are inherently more vulnerable to extinction than 
widespread species because of the higher risks from localized 
stochastic (random) events and processes, such as industrial spills and 
drought. These problems can be further magnified when populations are 
very small, due to genetic bottlenecks (reduced genetic diversity 
resulting from fewer individuals contributing to the species' overall 
gene pool) and random demographic fluctuations (Lande 1988, p. 1455-
1458; Pimm et al. 1988, p. 757). Species with few populations, limited 
geographic area, and a small number of individuals face an increased 
likelihood of stochastic extinction due to changes in demography, the 
environment, genetics, or other factors, in a process described as an 
extinction vortex (a mutual reinforcement that occurs among biotic and 
abiotic processes that drives population size downward to extinction) 
(Gilpin and Soule[acute] 1986, pp. 24-25). The negative impacts 
associated with small population size and vulnerability to random 
demographic fluctuations or natural catastrophes can be further 
magnified by synergistic interactions with other threats.
    The Yangtze sturgeon is known from a single geographic population 
in the upper Yangtze River and its tributaries (Zhang et al. 2011, pp 
181-182; Zhuang et al. 1997, p. 259). As a result, the species is 
highly vulnerable to stochastic processes and is highly likely 
negatively affected by these processes. In March 2000, for example, the 
Jinguang Chemical Plant, located on the Dadu River (a tributary of the 
Yangtze River), was found to be releasing yellow phosphorous into the 
Yangtze. This substance is highly toxic to aquatic organisms including 
the Yangtze sturgeon (Chen D. et al. 2009, p. 343). Another spill in 
2006 on the Yuexi River, which also feeds into the Yangtze, saw mercury 
being released into the river (Worldwatch Insitute 2006, npn). These 
and other incidents combined with the fact that the Yangtze River 
system is home to a large number of chemical plants suggest that risk 
of industrial spills is quite high. Therefore, it is likely that 
stochastic processes have negative impacts on the species in 
combination with other factors such as habitat modification and loss 
and bycatch.

Determination

    Section 4 of the Act (16 U.S.C. 1533), and its implementing 
regulations at 50 CFR part 424, set forth the procedures for adding 
species to the Federal Lists of Endangered and Threatened Wildlife and 
Plants. Under section 4(a)(1) of the Act, we may list a species based 
on: (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. Listing actions may be warranted based on any of 
the above threat factors, singly or in combination.
    We have carefully assessed the best scientific and commercial 
information available on the Yangtze sturgeon. While we do not know the 
exact population size of the Yangtze sturgeon, the species was 
historically abundant enough to be commercially viable up to the 1970s, 
after which it experienced a significant decline (Kynard et al. 2003, 
p. 27). Loss of individuals due to overharvesting by fishermen on the 
Yangtze (Factor B) is the main factor that contributed to the 
historical decline of the species. Subsequent construction of dams on 
the Yangtze prevented the migration in the middle Yangtze and lower 
Jinsha, which prevented recovery of the species in these areas (Miao et 
al. 2015, p. 2351; Wu et al. 2014, p. 2; Dudgeon 2010, p. 128; Fang et 
al. 2006, p. 375; Zhuang et al. 1997, p. 261). Additionally, dams 
affect the quality of the species' habitat through changes in 
discharge, temperature, and sedimentation rate (Zhang G. et al. 2012, 
p. 445; Du et al. 2011, p. 262; Chen Z. et al. 2001, p. 90). In 
addition to dams, the species' habitat is also adversely affected by 
riverbed modification to accommodate increasing boat traffic. The 
combined effects of dams and riverbed modification on the Yangtze 
include the loss and reduction in quality of remaining habitat (Factor 
A).
    Despite conservation efforts undertaken by local and national 
authorities such as fishing bans and restocking, current efforts do not 
appear to be successful in conserving the species. No natural 
reproduction has been documented in the wild since the 2000s (Wu et al. 
2014, p. 1). Additionally, restocked juvenile sturgeon experience very 
high mortality rates due to a high bycatch rate and an inability to 
survive in wild conditions (Du et al. 2014, p. 1; Wu et al. 2014, p. 
4).
    Industrial pollution and hybridization with displaced native and 
nonnative sturgeon species are also acting on the species (Factor E). 
Although we do not have information on the impact of industrial 
pollution on the species in the wild, studies in a laboratory 
environment found that pollutants such as TPT and EDC can reduce the 
reproductive success rate of adult sturgeons (Hu et al. 2009, p. 9342; 
An and Hu 2006, pp. 379-380). Additionally, there are high 
concentrations of TPT and EDC in the Yangtze River. While we do not 
have data on the hybridization of Yangtze sturgeon with other species, 
surveys conducted in the lower Yangtze River found that 69.9 percent of 
sturgeon species caught were hybrids (Li R. et al. 2009, p. 636). These 
results suggest that industrial pollution and hybridization, in tandem 
with other factors, are affecting the species.
    Therefore, for the following reasons we conclude that this species 
has been and continues to be significantly reduced to the extent that 
the viability of the Yangtze sturgeon is significantly compromised:
    (1) The species is limited to a single geographic population in the 
upper Yangtze main stem and its tributaries. There is also some 
evidence of a small remnant population in the middle Yangtze.
    (2) Loss of habitat and connectivity between the spawning and 
feeding reaches is having a significant adverse effect on the species, 
which appears to have low to no reproduction.
    (3) The cumulative effects of habitat modification and loss due to 
dams and riverbed projects, bycatch, industrial pollution, and 
hybridization are adversely affecting the species.
    (4) Current restocking and management efforts are inadequate to 
maintain the species' presence in the wild.
    (5) Stochastic events, such as industrial spills or drought, can 
reduce the survival rate of the species
    In section 3(6), the Act defines an ``endangered species'' as any 
species that is ``in danger of extinction throughout all or a 
significant portion of its range'' and in section 3(20), a ``threatened 
species'' as any species that is ``likely to become an endangered 
species within the foreseeable future throughout all or a significant 
portion of

[[Page 61240]]

its range.'' We find that the Yangtze sturgeon is presently in danger 
of extinction throughout its range based on the severity and immediacy 
of threats currently adversely affecting the species. The populations 
and distributions of the species have been significantly reduced to the 
point where there is no current reproduction in the wild which is 
indicative of a very high risk of extinction, and the remaining habitat 
and populations are threatened by a variety of factors acting alone and 
in combination to reduce the overall viability of the species.
    Based on the factors described above and their impacts on the 
Yangtze sturgeon, we find the following factors to be threats to this 
species (i.e., factors contributing to the risk of extinction of this 
species): Loss and modification of habitat due to dams and riverbed 
expansion (Factor A), bycatch (Factor C), and cumulative effects 
(Factor E) of these and other threats including industrial pollution 
and hybridization. Furthermore, current legal and management efforts 
over these practices are inadequate to conserve the species (Factor D).
    Therefore, on the basis of the best available scientific and 
commercial information, we propose listing Yangtze sturgeon as 
endangered in accordance with sections 3(6) and 4(a)(1) of the Act. We 
find that a threatened species status is not appropriate for this 
species because of its restricted range, limited distribution, and 
vulnerability to extinction; and because the threats are ongoing 
throughout its range at a level that places this species in danger of 
extinction now.
    Under the Act and our implementing regulations, a species may 
warrant listing if it is endangered or threatened throughout all or a 
significant portion of its range. Because we have determined that the 
Yangtze sturgeon is endangered throughout all of its range, we do not 
need to conduct an analysis of whether there is any significant portion 
of its range where the species is in danger of extinction or likely to 
become so in the foreseeable future. This is consistent with the Act 
because when we find that a species is currently in danger of 
extinction throughout all of its range (i.e., meets the definition of 
an ``endangered species''), the species is experiencing high-magnitude 
threats across its range or threats are so high in particular areas 
that they severely affect the species across its range. Therefore, the 
species is in danger of extinction throughout every portion of its 
range and an analysis of whether there is any significant portion of 
the range that may be in danger of extinction or likely to become so 
would not result in a different outcome.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition of conservation status, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition through listing encourages and results in public 
awareness and conservation actions by Federal and State governments in 
the United States, foreign governments, private agencies and groups, 
and individuals.
    Our regulations at 50 CFR part 402 implement the interagency 
cooperation provisions found under ESA Section 7. Under section 7(a)(1) 
of the ESA, federal agencies are to utilize, in consultation with and 
with the assistance of the Service, their authorities in furtherance of 
the purposes of the Act. Section 7(a)(2) of the Act, as amended, 
requires Federal agencies to ensure, in consultation with the Service, 
that ``any action authorized, funded, or carried out'' by such agency 
is not likely to jeopardize the continued existence of a listed species 
or result in destruction or adverse modification of its critical 
habitat. An ``action'' that is subject to the consultation provisions 
of section 7(a)(2) has been defined in our implementing regulations as 
``all activities or programs of any kind authorized, funded, or carried 
out, in whole or in part, by Federal agencies in the United States or 
upon the high seas.'' 50 CFR 402.02. With respect to this species, 
there are no ``actions'' known to require consultation under ESA 
Section 7(a)(2). Given the regulatory definition of ``action,'' which 
clarifies that it applies to ``activities or programs . . . in the 
United States or upon the high seas,'' the species is unlikely to be 
the subject of section 7 consultations, because the species conducts 
its entire life cycle in freshwater outside of the United States and is 
unlikely to be affected by U.S. Federal actions. Additionally, because 
the Yangtze sturgeon is not native to the United States, no critical 
habitat is being proposed for designation with this rule. 50 CFR 
424.12(g).
    Section 8(a) of the Act authorizes the provision of limited 
financial assistance for the development and management of programs 
that the Secretary of the Interior determines to be necessary or useful 
for the conservation of endangered or threatened species in foreign 
countries. Sections 8(b) and 8(c) of the Act authorize the Secretary to 
encourage conservation programs for foreign listed species, and to 
provide assistance for such programs, in the form of personnel and the 
training of personnel.
    Section 9 of the Act and our implementing regulations at 50 CFR 
17.21 set forth a series of general prohibitions that apply to all 
endangered wildlife. These prohibitions, in part, make it illegal for 
any person subject to the jurisdiction of the United States to ``take'' 
(which includes harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect; or to attempt any of these) endangered wildlife 
within the United States or upon the high seas. It is also illegal to 
possess, sell, deliver, carry, transport, or ship any such wildlife 
that has been taken illegally. In addition, it is illegal for any 
person subject to the jurisdiction of the United States to import; 
export; deliver, receive, carry, transport, or ship in interstate or 
foreign commerce, by any means whatsoever and in the course of 
commercial activity; or sell or offer for sale in interstate or foreign 
commerce any listed species. Certain exceptions apply to employees of 
the Service, the National Marine Fisheries Service, other Federal land 
management agencies, and State conservation agencies.
    We may issue permits under section 10 of the Act to carry out 
otherwise prohibited activities involving endangered wildlife under 
certain circumstances. Regulations governing permits for endangered 
species are codified at 50 CFR 17.22. With regard to endangered 
wildlife, a permit may be issued for the following purposes: For 
scientific purposes, to enhance the propagation or survival of the 
species, and for incidental take in connection with otherwise lawful 
activities. There are also certain statutory exemptions from the 
prohibitions, which are found in sections 9 and 10 of the Act.

Required Determination

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one

[[Page 61241]]

of the methods listed in ADDRESSES. To better help us revise the rule, 
your comments should be as specific as possible. For example, you 
should tell us the numbers of the sections or paragraphs that are 
unclearly written, which sections or sentences are too long, the 
sections where you feel lists or tables would be useful, etc.

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.), need not be prepared 
in connection with listing a species as an endangered or threatened 
species under the Endangered Species Act. We published a notice 
outlining our reasons for this determination in the Federal Register on 
October 25, 1983 (48 FR 49244).

References Cited

    A complete list of references cited in this rulemaking is available 
on the internet at http://www.regulations.gov and upon request from the 
Branch of Foreign Species, Ecological Services (see FOR FURTHER 
INFORMATION CONTACT).

Authors

    The primary authors of this proposed rule are the staff members of 
the Branch of Foreign Species, Ecological Services, Falls Church, VA.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless 
otherwise noted.

0
2. In Sec.  17.11(h), add an entry for ``Sturgeon, Yangtze'' to the 
List of Endangered and Threatened Wildlife in alphabetical order under 
FISHES to read as set forth below:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                              Listing citations
           Common name                Scientific name        Where listed         Status        and applicable
                                                                                                    rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Fishes
 
                                                  * * * * * * *
Sturgeon, Yangtze................  Acipenser dabryanus.  Wherever found......  E             [Insert Federal
                                                                                              Register citation
                                                                                              when published as
                                                                                              a final rule].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: November 15, 2017.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, Exercising the 
Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2017-27954 Filed 12-26-17; 8:45 am]
BILLING CODE 4333-15-P