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Designation of Critical Habitat for the Gulf Sturgeon; Proposed Rule

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Designation of Critical Habitat for the Gulf Sturgeon; Proposed Rule Thursday, June 6, 2002 Part II Department of the Interior Fish and Wildlife Service Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Parts 17 and 226 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Gulf Sturgeon; Proposed Rule VerDate May<23>2002 18:28 Jun 05, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\06JNP2.SGM pfrm12 PsN: 06JNP2 39106 Federal Register / Vol. 67, No. 109 / Thursday, June 6, 2002 / Proposed Rules DEPARTMENT OF THE INTERIOR the public on all aspects of this Executive Center Drive North, St. proposal, including data on the Petersburg, FL 33702–2449, (telephone Fish and Wildlife Service economic and other impacts of the 727/570–5312; facsimile 727/570–5517) designation. with questions concerning units 8 to 14. 50 CFR Part 17 DATES: Comments: We will accept SUPPLEMENTARY INFORMATION: RIN 1018–AI23 comments until September 23, 2002. Background Public Hearings: We have scheduled DEPARTMENT OF COMMERCE four public hearings for this proposal. The Gulf sturgeon (Acipenser We will hold public informational oxyrinchus (=oxyrhynchus) desotoi), National Oceanic and Atmospheric meetings prior to each public hearing at also known as the Gulf of Mexico Administration the hearing location. The public sturgeon, is an anadromous fish information sessions will start at 5:00 (ascending rivers from the sea for 50 CFR Part 226 p.m. and end at 6:30 p.m.. The formal breeding), inhabiting coastal rivers from public hearings will start at 7:00 p.m. Louisiana to Florida during the warmer [Docket No. 0202522126–2126–01; I.D. months and overwintering in estuaries, and end at 9:00 p.m. on the dates 052002A] bays, and the Gulf of Mexico. It is a indicated: RIN 0648–AQ03 nearly cylindrical primitive fish (1) August 19, 2002, Live Oak, FL embedded with bony plates or scutes. Endangered and Threatened Wildlife (2) August 20, 2002, Defuniak Springs, The snout is greatly extended with four and Plants; Designation of Critical FL barbels in front of the mouth and the (3) August 21, 2002, Biloxi, MS Habitat for the Gulf Sturgeon suction type mouth is located beneath (4) August 22, 2002, Kenner, LA the head. The upper lobe of the tail is AGENCY: Fish and Wildlife Service, All comments received during the longer than the lower lobe. Adults range Interior, and National Marine Fisheries comment period, both written and from 1.8 to 2.4 meters (m) (6 to 8 feet Service, National Oceanic and presented at public hearings, will (ft)) in length, with adult females larger Atmospheric Administration, receive equal consideration. than males. The Gulf sturgeon is Commerce. ADDRESSES: Comments: If you wish to distinguished from the geographically ACTION: Proposed rule. comment, you may submit your disjunct Atlantic coast subspecies (A. o. comments by any one of several oxyrinchus) by its longer head, pectoral SUMMARY: We, the Fish and Wildlife methods: fins, and spleen (Vladykov 1955, Service (FWS) and the National Marine (1) You may submit written comments Wooley 1985). Fisheries Service (NMFS), collectively and information to the Panama City ‘‘the Services,’’ propose to designate Field Office, addressed to Patty Kelly, Distribution and Status critical habitat for the Gulf sturgeon U.S. Fish and Wildlife Service, 1601 Historically, the Gulf sturgeon (Acipenser oxyrinchus desotoi), a Balboa Avenue, Panama City, FL 32405. occurred from the Mississippi River to threatened species listed under the (2) You may hand-deliver written Tampa Bay. Its present range extends Endangered Species Act of 1973, as comments to the Panama City Field from Lake Pontchartrain and the Pearl amended (Act). We propose 14 Office, at the above address, or fax your River system in Louisiana and geographic areas among the Gulf of comments to 850/763–2177. Mississippi east to the Suwannee River Mexico rivers and tributaries as critical (3) You may send comments by in Florida. Sporadic occurrences have habitat for the Gulf sturgeon. These 14 electronic mail (e-mail) to been recorded as far west as the Rio geographic areas (units) encompass [email protected]. For directions on Grande River between Texas and approximately 2,544 river kilometers electronic filing of comments, see the Mexico, and as far east and south as (rkm) (1,580 river miles (rmi)) and 6,042 ‘‘Public Comments Solicited’’ section. Florida Bay (Wooley and Crateau 1985, square kilometers (km2) (2,333 square Comments and materials received, as Reynolds 1993). miles (mi2)) of estuarine and marine well as supporting documentation used In the late 19th century and early 20th habitat. in the preparation of this proposed rule, century, the Gulf sturgeon supported an Critical habitat identifies specific will be available for public inspection, important commercial fishery, areas that are essential to the by appointment, during normal business providing eggs for caviar, flesh for conservation of a listed species, and that hours at the above address. smoked fish, and swim bladders for may require special management isinglass, a gelatin used in food considerations or protection. If this Public Hearings products and glues (Carr 1983). Gulf proposal is made final, section 7(a)(2) of (1) Suwannee River Water sturgeon numbers declined due to the Act requires that Federal agencies Management District, 9225 C.R. 49, Live overfishing throughout most of the 20th ensure that actions they fund, permit, or Oak, FL 32060. century. The decline was exacerbated by carry out are not likely to result in the (2) City of Defuniak Springs, 71 U.S. habitat loss associated with the destruction or adverse modification of Highway 90 West, Chautauqua Building, construction of water control structures, critical habitat. The regulatory effect of Museum Room, Defuniak Springs, FL such as dams and sills, mostly after the critical habitat designation does not 32433. 1950. In several rivers throughout its extend beyond those activities funded, (3) J.L. Scott Marine Ed Center, 115 range, dams have severely restricted permitted, or carried out by Federal Beach Boulevard, Biloxi, MS 39530. sturgeon access to historic migration agencies. State or private actions, with (4) Hilton New Orleans Airport, 901 routes and spawning areas (Boschung no Federal involvement, are not Airline Drive, Kenner, LA 70062. 1976, Wooley and Crateau 1985, affected. FOR FURTHER INFORMATION CONTACT: McDowell 1988). Section 4 of the Act requires us to Patty Kelly, FWS, at the above address On September 30, 1991, we listed the consider the economic and other (telephone 850/769–0552, extension Gulf sturgeon as a threatened species relevant impacts of specifying any 228; facsimile 850/763–2177) with under the Act (16 U.S.C. 1531 et seq.) particular area as critical habitat. We questions concerning units 1 to 7; or (56 FR 49653). Other threats and hereby solicit data and comments from Stephania Bolden, NMFS, at 9721 potential threats identified in the listing VerDate May<23>2002 18:28 Jun 05, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\06JNP2.SGM pfrm12 PsN: 06JNP2 Federal Register / Vol. 67, No. 109 / Thursday, June 6, 2002 / Proposed Rules 39107 rule included modifications to habitat stable carbon isotope ratios of tissue (Fox et al. 2000) and with high densities associated with dredged material samples from subadult and adult of both ghost shrimp and haustoriid disposal, de-snagging, and other Suwannee River Gulf sturgeon and their amphipods (Heard et al. 2000), (2) the navigation maintenance activities; potential fresh water and marine food digestive tracts of two adult Gulf incidental take by commercial sources. A large difference in isotope sturgeon that died during netting fishermen; poor water quality associated ratios between fresh water food sources operations contained numerous ghost with contamination by pesticides, heavy and fish muscle tissue suggests that Gulf shrimp (Fox et al. 2000), (3) stomach metals, and industrial contaminants; sturgeon do not feed significantly in contents of a 30 kg (67 lb) sturgeon aquaculture and incidental or accidental fresh waters. The isotope similarity taken in the upper portion of introductions; and the Gulf sturgeon’s between Gulf sturgeon and marine food Choctawhatchee Bay contained more slow growth and late maturation. The resources strongly indicates that this than 100 individual haustoriid Gulf sturgeon listing rule and the Gulf species relies almost entirely on the amphipods and 67 ghost shrimp (Heard Sturgeon Recovery/Management Plan marine food web for its growth (Gu et et al. 2000), and (4) one-third of 157 (FWS et al. 1995), which was approved al. 2001). sturgeon guts analyzed by Carr et al. by the Services and the Gulf States Once Gulf sturgeon leave the river, (1996b) contained exclusively Marine Fisheries Commission, provide a having spent at least 6 months in the brachipods and ghost shrimp. more detailed discussion of the reasons river fasting, we presume that they Reproduction for the species’ decline and threats to immediately begin feeding. Upon surviving populations. exiting the rivers, Gulf sturgeon are Gulf sturgeon are long-lived, with The Gulf Sturgeon Recovery/ found in high concentrations near their some individuals reaching at least 42 Management Plan (FWS et al. 1995) natal river mouths. Lakes and bays at years in age (Huff 1975). Age at sexual recommended that genetic studies be the mouths of the river systems where maturity for females ranges from 8 to 17 done to determine geographically Gulf sturgeon occur are important years, and for males from 7 to 21 years distinct management units. Some work because they offer the first opportunity (Huff 1975). Gulf sturgeon eggs are in this regard has been completed for Gulf sturgeon exiting their natal demersal (they are heavy and sink to the (Waldman and Wirgin 1998), but we rivers to forage. Gulf sturgeon rely bottom), adhesive, and vary in color have not formally adopted management almost entirely on estuarine and marine from gray to brown to black (Vladykov units at this time.
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