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Federal Register/Vol. 65, No. 88/Friday, May 5, 2000/Rules And 26438 Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Rules and Regulations DEPARTMENT OF THE INTERIOR (in)) in length. A mature fish weighs 1 additional shovelnose sturgeon to 2 kilograms (kg) (2 to 4 pounds (lb)). specimens from a larger geographic area. Fish and Wildlife Service The head is broad and flattened shovel- Mayden and Kuhajda (1996) identified like at the snout. The mouth is tubular eight new diagnostic characters, found 50 CFR Part 17 and protrusive. There are four barbels little evidence of geographic clinal RIN 1018±AF56 (whisker-like appendages used to find variation in these diagnostic features, prey) on the bottom of the snout, in and concluded that the Alabama Endangered and Threatened Wildlife front of the mouth. Bony plates cover sturgeon was a distinct and valid and Plants; Final Rule To List the the head, back, and sides. The body species. Alabama Sturgeon as Endangered narrows abruptly to the rear, forming a Attempts to clarify taxonomic narrow stalk between the body and tail. relationships of the Alabama sturgeon to AGENCY: Fish and Wildlife Service, The upper lobe of the tail fin is other species of Scaphirhynchus using Interior. elongated and ends in a long filament. DNA sequencing have met with limited ACTION: Final rule. Characters used to distinguish the success. In an unpublished report, Alabama sturgeon from the closely Schill and Walker (1994) used tissue SUMMARY: We, the Fish and Wildlife related shovelnose sturgeon samples from an Alabama sturgeon Service (Service), determine the (Scaphirhynchus platorynchus) include collected in 1993 to compare the three Alabama sturgeon (Scaphirhynchus larger eyes, orange color, number of nominal Scaphirhynchus species. Based suttkusi) to be endangered under the dorsal plates, dorsal fin ray numbers, on estimates of sequence divergence at authority of the Endangered Species Act and the absence of spines on the tip of the mitochondrial cytochrome b locus, of 1973, as amended (Act). The Alabama its snout and in front of its eyes. Alabama, shovelnose, and pallid sturgeon's historic range once included The earliest specimens of Alabama sturgeons (S. albus) were about 1,600 kilometers (km) (1,000 sturgeon in museum collections date indistinguishable. However, other miles (mi)) of the Mobile River system from about 1880. The first mention of studies have also found that the in Alabama (Black Warrior, Tombigbee, the fish in the scientific literature, cytochrome b locus was not useful for Alabama, Coosa, Tallapoosa, Mobile, however, was not until 1955, when a discriminating among some congeneric Tensaw, and Cahaba Rivers) and report of the collection of a single fish species that were otherwise Mississippi (Tombigbee River). Since specimen from the Tombigbee River was distinguished by accepted 1985, all confirmed captures have been published by Chermock. In 1976, morphological, behavioral, and other from a short, free-flowing reach of the Ramsey referred to the Alabama characteristics (Campton et al. 1995). Alabama River below Millers Ferry and sturgeon as the Alabama shovelnose In two unpublished reports for the Claiborne Locks and Dams in Clarke, sturgeon, noting that it probably was U.S. Army Corps of Engineers (Corps) Monroe, and Wilcox Counties, Alabama. distinct from the shovelnose sturgeon, and us by Genetic Analyses, Inc. (1994, The decline of the Alabama sturgeon is which is found in the Mississippi River 1995), nuclear DNA fragments were attributed to over-fishing, loss and Basin and was also historically known compared among the three fragmentation of habitat as a result of from the Rio Grande. In 1991, Williams Scaphirhynchus species. The three historical navigation-related and Clemmer formally described the Alabama sturgeon specimens examined development, and water quality species based on a statistical were genetically divergent from pallid degradation. Current threats primarily comparison of relative sizes and and shovelnose sturgeons, while there result from its reduced range and its numbers of morphological structures of were no observed differences of DNA small population numbers. These Alabama and shovelnose sturgeons. fragments between the pallid and threats are compounded by a lack of The methods used by Williams and shovelnose sturgeons. However, the information on Alabama sturgeon Clemmer (1991) to justify species 1995 study also found that two of the habitat and life history requirements. designation for the Alabama sturgeon Alabama sturgeon differed substantially This action extends the Act's protection have been criticized in unpublished from the third, noted the small number to the Alabama sturgeon. manuscripts (e.g., Blanchard and of samples of Alabama sturgeon, and EFFECTIVE DATE: June 5, 2000. Bartolucci 1994, Howell et al. 1995) and recommended additional studies to in one published paper (Mayden and examine genetic diversity within the ADDRESSES: The complete file for this Kuhajda 1996). The criticisms included Alabama sturgeon population. rule is available for inspection, by identification of a variety of statistical A comparative study of the appointment, during normal business and methodological errors and mitochondrial DNA (mtDNA) d-loop of hours at the Mississippi Field Office, limitations (e.g., small sample size, Scaphirhynchus species by Campton et U.S. Fish and Wildlife Service, 6578 clinal variation (characteristics of a al. (1995) provided genetic data Dogwood View Parkway, Jackson, species correlated with changing consistent with the taxonomic Mississippi 39213. ecological variables), allometric growth distinction of the Alabama sturgeon FOR FURTHER INFORMATION CONTACT: Paul (growth of parts of an organism at from the shovelnose sturgeon. The d- Hartfield at the above address different rates and at different times), loop is considered to be a rapidly (telephone 601/321±1125; facsimile inappropriate statistical tests, and evolving part of the genome. Campton et 601/965±4340). others). Bartolucci et al. (1998), using al. (1995) found that haplotype (genetic SUPPLEMENTARY INFORMATION: Bayesian Analysis statistical markers) frequencies of the d-loop from methodology, found no significant the three Scaphirhynchus species were Background differences in multivariate means of significantly different, with the Alabama The Alabama sturgeon measurement data, taken from Williams sturgeon having a unique haplotype. (Scaphirhynchus suttkusi) is a small, and Clemmer (1991). However, the relative genetic freshwater sturgeon that was historically Mayden and Kuhajda (1996) differences among the three species found only in the Mobile River Basin of reevaluated the morphological were small, suggesting that the rate of Alabama and Mississippi. This sturgeon distinctiveness of the Alabama sturgeon genetic change in the genus is relatively is an elongate, slender fish growing to using improved statistical tests and new slow and/or they have only recently about 80 centimeters (cm) (31 inches data derived from examination of diverged. The genetic similarity VerDate 27<APR>2000 16:18 May 04, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\05MYR2.SGM pfrm02 PsN: 05MYR2 Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Rules and Regulations 26439 between the pallid and shovelnose Clemmer 1991). Examination of stomach uncommon; however, by the 1970s, it sturgeon has been suggested to be due contents of museum and captured had become rare. In 1976, Ramsey to interbreeding that has recently specimens show that these sturgeon are considered the sturgeon as endangered occurred as a result of niche overlap opportunistic bottom feeders, preying and documented only six specimens resulting from widespread habitat losses primarily on aquatic insect larvae from museums. Clemmer (1983) was (Carlson et al. 1985, Keenlyne et al. (Mayden and Kuhajda 1996). Mayden able to locate 23 Alabama sturgeon 1994). and Kuhajda (1996) deduced other specimens in museum collections, with During open comment periods for the aspects of Alabama sturgeon life history the most recent collection dated 1977. proposed rule, we received several by a review of spawning habits of its Clemmer also found that commercial reports and letters containing new data better known congener (a species that is fishermen in the Alabama and from mtDNA analysis of a member of the same genus), the Tombigbee Rivers were familiar with Scaphirhynchus. Both Campton et al. shovelnose sturgeon. Life history of the the sturgeon, calling it hackleback, (1999) and Mayden et al. (1999) shovelnose sturgeon has also been buglemouth trout, or devilfish. identified a haplotype common to the recently summarized by Keenlyne During the mid-1980s, Burke and three Alabama sturgeon sampled that (1997). These data indicate that Ramsey (1985, 1995) conducted a status was not observed in a much larger Alabama sturgeon are likely to migrate survey to determine the distribution and sample (>70) of pallid and shovelnose upstream during late winter and spring abundance of the Alabama sturgeon. sturgeons. Wells (in litt. 1999) also to spawn. Downstream migrations may Interviews were conducted with conducted mtDNA analysis on eight occur to search for feeding areas and/or commercial fishermen on the Alabama shovelnose sturgeon and identified deeper, cooler waters during the and Cahaba Rivers, some of whom several new haplotypes not found in summer. Eggs are probably deposited on reported catch of Alabama sturgeon as previous studies. He did not find the hard bottom substrates such as bedrock,
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