Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules
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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 species. 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 isÐ 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 eitherÐ(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 reasonsÐ(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