Wednesday, March 19, 2003 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 226 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Gulf Sturgeon; Final Rule VerDate Jan<31>2003 18:23 Mar 18, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\19MRR2.SGM 19MRR2 13370 Federal Register / Vol. 68, No. 53 / Wednesday, March 19, 2003 / Rules and Regulations DEPARTMENT OF THE INTERIOR ADDRESSES: The complete from Lake Pontchartrain and the Pearl administrative record, including River system in Louisiana and Fish and Wildlife Service comments and materials received, as Mississippi east to the Suwannee River well as supporting documentation, used in Florida. Sporadic occurrences have 50 CFR Part 17 in the preparation of this final rule are been recorded as far west as the Rio available for public inspection, by Grande River between Texas and RIN 1018–AI23 appointment, during normal business Mexico, and as far east and south as DEPARTMENT OF COMMERCE hours at the Panama City Field Office, Florida Bay (Wooley and Crateau, 1985; U.S. Fish and Wildlife Service, 1601 and Reynolds, 1993). In the late 19th century and early 20th National Oceanic and Atmospheric Balboa Avenue, Panama City, Florida century, the Gulf sturgeon supported an Administration 32405. Copies of the final rule, economic analysis, and information important commercial fishery, providing eggs for caviar, flesh for 50 CFR Part 226 regarding this critical habitat designation are available on the Internet smoked fish, and swim bladders for [Docket No.; I.D. 020522126–3051–02] at http://alabama.fws.gov/gs/. isinglass, a gelatin used in food FOR FURTHER INFORMATION CONTACT: Gail products and glues (Huff, 1975; and RIN 0648–AQ03 Carmody, Field Supervisor, Panama Carr, 1983). Gulf sturgeon numbers declined due to overfishing throughout Endangered and Threatened Wildlife City Field Office (see ADDRESSES section) (telephone 850/769–0552; most of the 20th century. The decline and Plants; Designation of Critical was exacerbated by habitat loss Habitat for the Gulf Sturgeon facsimile 850/763–2177), or Stephania Bolden, Fishery Biologist, National associated with the construction of AGENCY: Fish and Wildlife Service Oceanic and Atmospheric water control structures, such as dams (FWS), Interior, and National Marine Administration (NOAA) Fisheries, and sills (submerged ridge or vertical wall of relatively shallow depth Fisheries Service (NMFS), National Southeast Regional Office, 9721 separating two bodies of water), mostly Oceanic and Atmospheric Executive Center Drive North, St. after 1950. In several rivers throughout Administration, Commerce. Petersburg, Florida 33702 (telephone the species’ range, dams have severely 727/570–5312; facsimile 727/570–5517). ACTION: Final rule. restricted sturgeon access to historic Information regarding this designation migration routes and spawning areas SUMMARY: We, FWS and NMFS, is available in alternate formats upon (Boschung, 1976; Wooley and Crateau, collectively ‘‘the Services,’’ designate request. critical habitat for the Gulf sturgeon 1985; and McDowall, 1988). SUPPLEMENTARY INFORMATION: On September 30, 1991, we listed the (Acipenser oxyrinchus desotoi), a Gulf sturgeon as a threatened species threatened species listed under the Background under the Act (16 U.S.C. 1531 et seq.) Endangered Species Act of 1973, as The Gulf sturgeon (Acipenser (56 FR 49653). Other threats and amended (Act). We designate 14 oxyrinchus (=oxyrhynchus) desotoi), potential threats identified in the listing geographic areas among the Gulf of also known as the Gulf of Mexico rule included modifications to habitat Mexico rivers and tributaries as critical sturgeon, is an anadromous fish associated with dredged material habitat for the Gulf sturgeon. These 14 (breeding in freshwater after migrating disposal, desnagging (removal of trees geographic areas (units) encompass up rivers from marine and estuarine and their roots), and other navigation approximately 2,783 river kilometers environments), inhabiting coastal rivers maintenance activities; incidental take (rkm) (1,730 river miles (rmi)) and 6,042 from Louisiana to Florida during the 2 by commercial fishermen; poor water square kilometers (km ) (2,333 square warmer months and overwintering in 2 quality associated with contamination miles (mi )) of estuarine and marine estuaries, bays, and the Gulf of Mexico. by pesticides, heavy metals, and habitat. It is a nearly cylindrical primitive fish industrial contaminants; aquaculture Critical habitat identifies specific embedded with bony plates or scutes. and incidental or accidental areas that are essential to the The head ends in a hard, extended introductions; and the Gulf sturgeon’s conservation of a listed species, and that snout; the mouth is inferior and slow growth and late maturation. The may require special management protrusible and is preceded by four Gulf sturgeon listing rule and the Gulf considerations or protection. Section conspicuous barbels. The tail (caudal Sturgeon Recovery/Management Plan 7(a)(2) of the Act requires that each fin) is distinctly asymmetrical, the (FWS et al., 1995), which was approved Federal agency shall, in consultation upper lobe is longer than the lower lobe by the Services and the Gulf States with and with the assistance of the (heterocercal). Adults range from 1.2 to Marine Fisheries Commission, provide a Services, insure that any action 2.4 meters (m) (4 to 8 feet (ft)) in length, more detailed discussion of the reasons authorized, funded or carried out by with adult females larger than males. for the species’ decline and threats to such agency is not likely to jeopardize The Gulf sturgeon is distinguished from surviving populations (available by the continued existence of an the geographically disjunct Atlantic request or at the FWS Internet site, see endangered or threatened species or coast subspecies (A. o. oxyrinchus) by ADDRESSES). result in the destruction or adverse its longer head, pectoral fins, and spleen The Gulf Sturgeon Recovery/ modification of critical habitat. Section (Vladykov, 1955; Wooley, 1985). King et Management Plan (FWS et al., 1995) 4 of the Act requires us to consider al. (2001) have documented substantial recommended that genetic studies be economic and other relevant impacts of divergence between A. o. oxyrinchus done to determine geographically specifying any particular area as critical and A. o. desotoi using microsatellite distinct management units. Some work habitat. We solicited data and comments DNA testing. in this regard has been completed from the public on all aspects of the (Stabile et al., 1996), but we have not proposal, including data on economic Distribution and Status formally adopted management units at and other impacts of the designation. Historically, the Gulf sturgeon this time. For purposes of this final rule, DATES: The effective date of this rule is occurred from the Mississippi River east we have used the term subpopulation to April 18, 2003. to Tampa Bay. Its present range extends subdivide the Gulf sturgeon population VerDate Jan<31>2003 18:23 Mar 18, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\19MRR2.SGM 19MRR2 Federal Register / Vol. 68, No. 53 / Wednesday, March 19, 2003 / Rules and Regulations 13371 based on geography, degree of subadult and adult Gulf sturgeon do not Choctawhatchee Bay contained more connectedness, and genetic interchange feed significantly in freshwater. The than 100 individual haustoriid (Lande and Barrowclough, 1987; and isotope similarity between Gulf sturgeon amphipods and 67 ghost shrimp (Heard King et al., 2001). Seven subpopulations and marine food resources strongly et al., 2000), and (4) approximately one- are described in the ‘‘Critical Habitat indicates that this species relies almost third of 157 sturgeon guts analyzed by Unit Descriptions’’ section of this rule. entirely on the marine food web for its Carr et al. (1996b) contained exclusively growth (Gu et al., 2001). brachiopods and ghost shrimp. Feeding Habits Once subadult and adult Gulf Gulf sturgeon feeding habits in sturgeon leave the river, having spent at Reproduction freshwater vary depending on the fish’s least 6 months in the river fasting, we Gulf sturgeon are long-lived, with life history stage (i.e., young-of-the-year, presume that they immediately begin some individuals reaching at least 42 juvenile, subadult, adult). Young-of-the- feeding. Upon exiting the rivers, Gulf years in age (Huff, 1975). Age at sexual year Gulf sturgeon remain in freshwater sturgeon are found in high maturity for females ranges from 8 to 17 feeding on aquatic invertebrates and concentrations near their natal river years, and for males from 7 to 21 years detritus approximately 10 to 12 months mouths. Lakes and bays at the mouths (Huff, 1975). Gulf sturgeon eggs are after spawning occurs (Mason and of the river systems where Gulf sturgeon demersal (they are heavy and sink to the Clugston, 1993; and Sulak and Clugston, occur are important because they offer bottom), adhesive, and vary in color 1999). Juveniles (less than 5 kg (11 lbs) the first opportunity for Gulf sturgeon from gray to brown to black (Vladykov are believed to forage extensively and exiting their natal rivers to forage. Gulf and Greeley, 1963; Huff, 1975; and exploit scarce food resources throughout sturgeon must be able to consume Parauka et al., 1991).