54018 Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules

PART 252ÐSOLICITATION SUMMARY: The U.S. Fish and Wildlife within 12 months of receipt of the PROVISIONS AND CONTRACT Service and the National Marine petition (12-month finding). CLAUSES Fisheries Service (collectively the On June 2, 1997, a petition dated May ‘‘Services’’) announce a 90-day finding 29, 1997, was received by the Services 2. Section 252.225–7026 is amended for a petition to add the Atlantic from the Biodiversity Legal Foundation. by revising the clause date and the sturgeon (Acipenser oxyrhinchus The petitioner requested the Services to introductory text of paragraph (a)(3); by oxyrhinchus), where it continues to list Atlantic sturgeon, in the United redesignating paragraphs (d)(i), (d)(ii), exist in the United States, to the List of States where it continues to exist, as and (d)(iii) as paragraphs (d)(1), (d)(2), Threatened and Endangered Wildlife threatened or endangered and to and (d)(3), respectively; and by revising and to designate critical habitat. The designate critical habitat within a paragraph (c)(1). The revised text reads Services find that the petition presents reasonable period of time following the as follows: substantial information indicating that listing. The petitioner submitted 252.225±7026 Reporting of Contract the petitioned action to list Atlantic biological, distributional, and historical Performance Outside the United States. sturgeon may be warranted. The information on Atlantic sturgeon Services are now initiating a status populations and identified potential * * * * * threats including commercial fishing REPORTING OF CONTRACT review to determine whether listing of (directed and incidental), river PERFORMANCE OUTSIDE THE the Atlantic sturgeon in its North damming, habitat loss, and water UNITED STATES (XXX 19XX) American range, including Atlantic (a) * * * Canada, is warranted, and to prepare a quality. Also, the petitioner cited (3) Contracts exceeding $500,000, 12-month finding. To assure that the scientific references in support of the when any part that exceeds the review is comprehensive, the Services petition. There are two subspecies of Atlantic simplified acquisition threshold in Part are soliciting information and data on sturgeon. The first subspecies, 2 of the Federal Acquisition Regulation this . Acipenser oxyrhinchus desotoi, known will be performed outside the United DATES: The finding announced in this as Gulf sturgeon, occurs from the States, unless a foreign place of document was made on October 2, 1997. Mississippi River to Tampa Bay, performance is— Comments and materials related to this petition finding must be submitted to Florida. This subspecies was listed in * * * * * 1991 as threatened under the ESA. The (c) * * * National Marine Fisheries Service, Northeast Region, Habitat and Protected petition and this finding address the (1) The Contractor shall include a second subspecies, Acipenser clause substantially the same as this one Resources Division, at the ADDRESS below, by December 16, 1997, to be oxyrhinchus oxyrhinchus, known as the in all first-tier subcontracts exceeding Atlantic sturgeon, which is distributed $500,000, except subcontracts for considered in the 12-month finding. ADDRESSES: Information, comments or in the western North Atlantic from commercial items, construction, ores, Hamilton Inlet, Labrador, south to the natural gases, utilities, petroleum questions concerning the Atlantic sturgeon petition should be submitted to St. Lucie River, Florida. products and crudes, timber (logs), or Atlantic sturgeon are anadromous fish Christopher Mantzaris, Chief, Habitat subsistence. that may live up to 60 years, reach and Protected Resources Division, * * * * * lengths of up to 4 meters (m) (14 feet National Marine Fisheries Service, One (ft)), and weigh over 363 kilograms (kg) [FR Doc. 97–27437 Filed 10–16–97; 8:45 am] Blackburn Drive, Gloucester, (800 pounds (lb)). They are BILLING CODE 5000±04±M Massachusetts 01930. The petition, distinguished by armor-like plates and a finding, supporting data, and comments long protruding snout. Ventrally located are available for public inspection by on the snout is a protruding mouth with appointment during normal business DEPARTMENT OF THE INTERIOR four barbels crossing in front. Sturgeon hours at the above address. Fish and Wildlife Service are omnivorous benthic feeders eating FOR FURTHER INFORMATION CONTACT: opportunistically and filtering Mary Colligan (508–281–9116) or Ray 50 CFR Part 17 quantities of mud along with their food. Santos (508–281–9103) at the above Adult sturgeon diets include mollusks, address, or Anne Hecht of the U.S. Fish DEPARTMENT OF COMMERCE gastropods, amphipods, isopods, and and Wildlife Service (508-443–4325). fish. Juvenile sturgeon feed on aquatic National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: insects and other invertebrates. Administration Depending on geographic location Background and sex, sturgeon reach sexual maturity 50 CFR Part 227 Section 4(b)(3)(A) of the Endangered at different ages. Males tend to reach Species Act of 1973, as amended (ESA) maturity faster than females and the Endangered and Threatened Wildlife (16 U.S.C. 1531–1544) requires that the average age of maturity for both males and Plants; 90-Day Finding for a Services make a finding on whether a and females increases with increasing Petition To List the Atlantic Sturgeon petition to list, delist or reclassify a latitude along the Atlantic coast. Age at (Acipenser oxyrhinchus oxyrhinchus) species presents substantial scientific or sexual maturity for males ranges from 5 in the United States as Endangered or commercial information to indicate that to 24 years, and for females, from 7 to Threatened the petitioned action may be warranted. 30 years (ASMFC 1990). Sexually AGENCY: Fish and Wildlife Service, To the maximum extent practicable, this mature sturgeon begin their spawning Interior; National Marine Fisheries finding is to be made within 90 days of run as early as March (in the southern Service, National Oceanic and the receipt of the petition, and the Atlantic coast) and as late as July (in the Atmospheric Administration, finding is to be published promptly in higher latitudes). Spawning occurs in Commerce. the Federal Register. If the finding is flowing fresh or estuarine waters with a positive, the Services are required to hard bottom, where the extremely ACTION: Notice of 90-day petition commence a status review of Atlantic adhesive eggs stick together in clusters. finding and request for information. sturgeon and to disclose their findings After hatching, juveniles may remain in Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules 54019 fresh/estuarine waters for several years. developed an Interstate Fishery migrations and therefore a broader Juveniles then head seaward to grow to Management Plan for Atlantic sturgeon scope is required to understand stock maturity and join the adult migration regulating harvest and initiated a structure throughout its range. run which can range many miles away coordinated stock assessment from Within one year from the date the from their home rivers. Maine to Florida. The goal of the plan petition was received, a finding will be Historical records from the early is to provide framework for the made as to whether listing the Atlantic 1800s document large numbers of restoration of Atlantic sturgeon to sturgeon is warranted, as required by sturgeon in many river systems along fishable abundance throughout its section 4(b)(3)(B) of the ESA. The the Atlantic coast. It does not appear range. The plan recommended that the petitioner also requested that critical that the historical range has been states control harvests by adopting habitat be designated. If the 12-month reduced significantly; however, remnant either—(1) A minimum length of 2.4 m finding determines that the petitioned populations in some river systems, if (7 ft); (2) a moratorium on all harvest; action to list the Atlantic sturgeon as not extirpated, are quite small. Systems or (3) alternative measures determined threatened or endangered is warranted, presently known to support reproducing to be conservationally equivalent. Coast- then the designation of critical habitat populations are the Hudson River in wide landings fell to less than 45,000 kg would be addressed at that time. New York, the Ashepoo-Combahee- (100,000 lb) by 1994; but in 1996, the Edisto River system in South Carolina, ASMFC determined that the current Listing Factors and Basis for and the Altamaha and Savannah rivers harvest levels were still too large for Determination in Georgia (ASMFC 1997). In the stock recovery. Subsequently, all but Under section 4(a)(1) of the ESA, a Hudson River, numbers of juvenile two states have banned harvest and species can be determined to be sturgeon were estimated at less than those (Delaware and Connecticut) have threatened or endangered for any one of 5,000 during 1994, an 80 percent reported no landings. Currently, the the following reasons—(1) Present or decline from the 25,000 juveniles ASMFC is considering an amendment to threatened destruction, modification, or believed to have been in the Hudson the plan to institute a coast-wide curtailment of habitat or range; (2) during the 1970s (New York State moratorium. Due to the current low overutilization for commercial, Department of Environmental levels of abundance, long life cycle, and recreational, scientific, or educational Conservation 1996). Recent sporadic spawning, a moratorium would purposes; (3) disease or predation; (4) documentation of gravid females and/or likely have to last decades to allow inadequacy of existing regulatory young of the year exists for the Delaware stock recovery. mechanisms; or (5) other natural or River (DE), James River (VA), Roanoke/ Other threats to Atlantic sturgeon and manmade factors affecting its continued Chowan and Cape Fear rivers (NC), and their habitat include habitat loss and existence. Listing determinations are Santee/Cooper rivers (SC) (W. Laney, degradation, and disease. Dams, mostly made solely on the best scientific and USFWS, pers. comm., 1997). Additional constructed during the 1800s, destroyed commercial data available. research is needed to determine the riverine habitat and impeded access to extent of reproduction, if any, in these upstream areas, and may have played a Information Solicited rivers. role in the historic decline of this To ensure that the status review is Both commercial fishing and species. Biologists also suspect that complete and based on the best incidental take may have a substantial siltation and water pollution may be available scientific and commercial effect on Atlantic sturgeon. Commercial factors in recent sturgeon reproduction data, the Services are soliciting fishing is frequently cited as a major declines, but the extent is unknown (R. information concerning the following— reason for the species’ decline. St. Pierre, USFWS, pers. comm., 1997). (1) Current and historical abundance Historical commercial landings provide Transportation of white sturgeon to the and distribution of Atlantic sturgeon; (2) the only long-term estimates of stock Atlantic coast for the pet trade may existence and viability of reproducing abundance; unfortunately, Atlantic and cause genetic and health impacts populations; (3) threats to the species shortnose sturgeon were probably not (disease) to Atlantic sturgeon if released and its habitat (fresh, estuarine, and differentiated in those records. Annual into the wild (Laney, pers. comm., marine); (4) ongoing efforts to protect commercial harvest levels reached 1997). approximately 3 million kg (7 million The Services have determined that the Atlantic sturgeon and their habitat; and lb) at the end of the nineteenth century. petitioners have adequately presented (5) whether or not any population is Since that time, a severe decline took information about the status, threatened or endangered based upon place with annual United States distribution, and abundance of Atlantic the above listing criteria. The Services commercial landings not exceeding sturgeon, in addition to having request that data, information, and 136,000 kg (300,000 lb) (ASMFC 1990). identified potential threats to the comments be accompanied by—(1) In addition to directed commercial species in the United States. After Supporting documentation such as fishing for sturgeon, incidental catches review of the petition and information maps, bibliographic reference, or of juvenile and adult sturgeon in State available within the agencies’ records, reprints of pertinent publications; and and Federal waters are frequently the Services find that substantial (2) the person’s name, address, and any reported as having a substantial impact information has been presented to association, institution, or business that on stocks. Coast-wide, the 1987 indicate that the petitioned action to list the person represents. Such information incidental catch exceeded the directed the Atlantic sturgeon may be warranted. may be submitted to the above address. catch (ASMFC 1990). Current A status review will now be conducted References Cited information indicates that Atlantic on the Atlantic sturgeon in North sturgeon are taken incidentally in every America, including Atlantic Canada. ASMFC Fisheries Focus. 1997. Species While the petition was limited to U.S. profile: Atlantic Sturgeon. Atlantic States commercial type of fishing gear. Marine Fisheries Commission, Vol. 6, Prior to 1990, commercial landings populations of sturgeon, the Services Iss. 3: pp. 4–7. averaged between 91,000 and 136,000 have decided to expand their review to ASMFC Draft Public Information Document. kg (200,000 and 300,000 lb) per year. In encompass the entire North American 1996. Amendment 1 to the Fishery 1990, the Atlantic States Marine range. Existing information indicates Management Plan for Atlantic Sturgeon. Fisheries Commission (ASMFC), Atlantic sturgeon undertake long Pp. 1–9. 54020 Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules

ASMFC Fisheries Management Report No. Impoundment and water quality drainages, and the imperiled state of 17. 1990. Fishery Management Plan for degradation have eliminated the six many other aquatic snails in the Basin. Atlantic Sturgeon. Atlantic States Marine snails from 90 percent or more of their The used in this proposal Fisheries Commission, Nov. 1990. 73 pp. historic habitat. Surviving populations follows Burch (1989), which relies New York State Department of are currently threatened by pollutants almost exclusively on shell morphology. Environmental Conservation. 1996. DEC Announces Emergency Moratorium on such as sediments and nutrients that Many of the Basin’s Atlantic Sturgeon. News Release dated wash into streams from the land surface. species, particularly in the family March 22, 1996. This proposed rule, if made final, would , are known to exhibit extend the Act’s protection to these six marked clinal variation (gradual change List of Subjects snail species. in characters of a species that manifests 50 CFR Part 17 DATES: Comments from all interested itself along a geographic gradient) in shell form, some of which has been Endangered and threatened species, parties must be received by December 16, 1997. Public hearing requests must described as environmentally induced Exports, Imports, Reporting and be received by December 1, 1997. (e.g., Goodrich 1934, 1937). Four of the recordkeeping requirements, six species considered in this proposal Transportation. ADDRESSES: Comments and materials concerning this proposal should be sent belong to the family Pleuroceridae and 50 CFR Part 227 to the Field Supervisor, U.S. Fish and their relationships to each other, as well as to other Pleuroceridae, are poorly Endangered and threatened species, Wildlife Service, 6578 Dogwood View Parkway, Jackson, Mississippi 39213. understood. In order to better document Exports, Imports, Marine mammals, taxonomic relationships among these Transportation. Comments and materials received will be available for public inspection, by snails, a genetic study was conducted Authority: The authority for this action is appointment, during normal business during the status review of a select the Endangered Species Act of 1973, as hours at the above address. group of the Basin’s Pleuroceridae amended (16 U.S.C. 1531 et seq.). (Lydeard et al. 1997). The four snails FOR FURTHER INFORMATION CONTACT: Mr. Dated: September 29, 1997. within this family considered herein Paul Hartfield at the above address, or Jamie Rappaport Clark, (lacy , round rocksnail, plicate telephone 601/965–4900, Ext. 25. Director, U.S. Fish and Wildlife Service. rocksnail, and painted rocksnail) were Dated: October 2, 1997. SUPPLEMENTARY INFORMATION: included in the genetic study. This David L. Evans, Background study supported their current taxonomic status (Lydeard et al. 1997). Deputy Assistant Administrator for Fisheries, The Basin (Basin) National Marine Fisheries Service. The cylindrical (Lioplax historically supported the greatest cyclostomaformis (Lea 1841)) is a gill- [FR Doc. 97–27547 Filed 10–16–97; 8:45 am] diversity of freshwater snail species in breathing snail in the family BILLING CODE 4310±55±P the world (Bogan et al. 1995), including . The shell is elongate, six genera and over 100 species that reaching about 28 millimeters (mm) (1.1 were endemic to the Basin. During the DEPARTMENT OF THE INTERIOR inches (in)) in length. Shell color is light past few decades, publications in the to dark olivaceous-green externally, and Fish and Wildlife Service scientific literature have primarily dealt bluish inside of the aperture (shell with the apparent decimation of this opening). The is 50 CFR Part 17 fauna following the construction of distinguished from other viviparid dams within the Basin and the snails in the Basin by the number of RIN 1018±AE36 inundation of extensive shoal habitats whorls, and differences in size, Endangered and Threatened Wildlife by impounded waters (Goodrich 1944, sculpture, microsculpture, and and Plants; Proposed Rule to List Athearn 1970, Heard 1970, Stein 1976, angle. No other species of lioplax snails Three Aquatic Snails as Endangered, Palmer 1986, Garner 1990). are known to occur in the Mobile Basin In 1990, the Service initiated a status and Three Aquatic Snails as (see Clench and Turner 1955 for a more review of the endemic freshwater snails Threatened in the Mobile River Basin detailed description). of the Basin. An extensive literature of Habitat for the cylindrical lioplax is survey identified sources of information unusual for the genus, as well as for AGENCY: Fish and Wildlife Service, on taxonomy, distribution, ecology, and other genera of viviparid snails. It lives Interior. status of the fauna and was used to in mud under large rocks in rapid ACTION: Proposed rule and notice of assemble a checklist of the Basin’s currents over stream and river shoals. petition findings. snails and their distributions (Bogan Other lioplax species are usually 1992). Field surveys and collections found in exposed situations or in mud SUMMARY: The Fish and Wildlife Service were made for snails and other or muddy sand along the margins of (Service) proposes to list the cylindrical freshwater mollusks throughout the rivers. Little is known of the biology or lioplax (Lioplax cyclostomaformis), flat Basin (Bogan and Pierson, 1993a,b; life history of the cylindrical lioplax. It pebblesnail (Lepyrium showalteri), and McGregor et al. 1996; Service Field is believed to brood its young and filter- plicate rocksnail ( plicata) as Records, Jackson, Mississippi 1989– feed, as do other members of the endangered; and the painted rocksnail 1996; Bogan in litt. 1995; M. Pierson Viviparidae. Life spans have been (Leptoxis taeniata), round rocksnail Field Records, Calera, Alabama, in litt. reported from 3 to 11 years in various (), and lacy elimia 1993–1994; J. Garner, Alabama species of Viviparidae (Heller 1990). (Elimia crenatella) as threatened species Department of Conservation, pers. Collection records for the cylindrical under the authority of the Endangered comm. 1996; J. Johnson, Auburn lioplax exist from the Species Act of 1973, as amended (Act). University, in litt. 1996). (Dallas County, Alabama), Black Warrior These aquatic snails are found in Bogan et al. (1995) summarized the River (Jefferson County, Alabama) and localized portions of the Black Warrior, results of their efforts noting the tributaries (Prairie Creek, Marengo Cahaba, Alabama, and Coosa rivers or apparent extinction of numerous snail County, Alabama; Valley Creek, their tributaries in Alabama. species in the Coosa and Jefferson County, Alabama), Coosa River