Fe&ra& Registm / Vol. 57. ML 184 / Tuesday, September 22 1992 1 Prapoeed Roles

__ SOCPRprtl?

*qiypEFiiamdWikdMe!3emhk Interim

A- btitx of It-Month petition finding,

SUM- The U.S. FSsh and WMffe Service @mfke] anaouucea a1243onth findiqforapetitamtoamendtheiist of Endangered and Threatened Wikllife andHan~The!3esvicrhanfoundthat Ming of the p&dhsflsb (PO&r&on spathuh) a8 “threetene&’ ionot warranted. Beceuseofthe uncertainty of the specie+ status in several portions of its range. the Service intends to reclassify the paddlefish from a category 3Cto a category 2specier under the authority of the Endrngared Speck Act of 1973,ar OSMIUM The Serviu3 believes that this classification change will encourage further investigation and bioI+ ressueh of the speci& status thraqhoti ltr ranga. Paddlefiih 0c~u.rin 22States and are primady inhabitants of large rivers Iike the Mkouri, Mbriseippk and Ohlo, but they are also found inssreral of the large river tributaries end in eeveral Gulf Coast streams. Threeb to the speciesinclude habitat mod&atior~ an apparent lack of natura1 reproduction in

some areas, and overexp)oitation d their eggsasasource of caviar in national end fntemetionaf merkets. Althou& tbs etatus review is coa&&e and the p&od for receiving off%112 comment9 her expired. the SeMoe remeinr htereated in ncei* comments, ouggertkmr. and current scientific information appticabbe to the stab of lbeaespocieaa8it becomes avaihbla DA= Comments my be r&unit&d until further notice.

ADDRCSStSi Queationa oxcommenta axf materials concerning this notice should be sent tothe F’feldSupetior. U.S.Fish and Wildtife Service. Fishand Wildlife Enhancement 1500Capitol Avenue, Bismarck, North Dakota S~SUI. The petition findfng, and support@ documenta are available for public inspection, by appointment during normal business hours at the above address and at the Sendcu’a Denver Regional OfRce, 1% Union Boulevard. Lakewood Colorado. foafuRmERwfaRMAnmcQMrAcTt Mr. DaYCAllardyca us. Fl and

- 4(b)@HA] of the Epw SfKciMAot[&t)0f1sB3rBIapeedea (18u.!3.&1531etMl4+).mq&Mthettbe Servlceadea lhlitqmn3hether8 petilimtokist.&?i@aredmasya speciespreaente eu~lppti8~8o&Mlc m commercial information b demoantrati that the petitionedgction may be warranted. Ta the mmdmnm extent practiabk. this $nd@ isto be mada within90dayud~tofthnpetitioo. andthcfmdingbtabepubbsl& prompdy in ~WJ

Fsderd. RagbbL Htha fmdingit po?litiYQtb.0-iaabo required ttrpmmptiy c- aastahss review of the ape&s. Petition: The SfJrYice

hm realved ad madeagOdag~onthefaRow@ petitions A petition dated JWJ29.w wan received from Mr. Steven G.blaore ou Julye,SQmT-hapetition nzqn3ati that thefiendceackktbepaddlefishtotba List ofThrBat0ucd Rlldf3mhqpd Specie8under prov&fom of the EnhgexedSpeGiarActofW3.aa amended A 90&y Er&ing &&rbrct in the April 25 lm FadacnlE&is& indicated that the petitfonar had ’ provkled &Cent atA aub8tnnW informatiaat indka*that listimgof the speciesmay be warranted over po&arn of itmrange. The p&tiormr indknted thatthereieasign&cantlonaofhistnrin
rarrgcof the paddkfinh inndc~t#t coutmi of co-hat harPcrt inadequate Stata pm for protectioa aad co&imml habitat ion and degradation. Wild papnMcxm m being supplemented with hatchery raised flair. Concurrent with publishing the~ayfin&ngintheFsderd Regirtar, the Service initiated 8 status review. The period of the %-vice’s status review was extended becauseof the complexities of determining the slalre of
the paddlefiah The range of the pddlefi urrredy spanszzstates ad overlaps 5of the Service’sRegions which has complicated coordination and respontretime. In additfon. initial
reaponse tothe Service’s30-day fmdhq and requeaf for speciffc nfatua information wa8 limited. In most cases. additional requests were required for clarifYcation of current 8fafus information oa paddlefish from Federal and State agencies. necessifating a further exlenu’on of the review period. The proposed actton inthis notice and the foF.tOwfng

aupportfng &formation constituh the l-year finding on the pefftfon to Listthe paddlefish. In 17&LWatbaum &e&bed the American pa&&fish amanew shark species,and in S&X,RaRneoquti wrote

an extensive desorfption of it aaan “eatirely new &a& genur.’ Sharks. however, are cartifaginam ffih ’ (ChondrichthyeaJ, while the paddlefisb belongs to that group of fish known as the bony fish (Osteichthyes]. Tht paddlefiah isasmooth-skinned, bizarrelookingaxehxawithabngpaddfc-hkn enout and ati3iIwith an elongeld dorsal lobe. Only one other species ia known from tkfs ferni& The Chinese stmgevn. Psephmm ghdius, which inhabita the Yangtze-Kiang River inthe Chinese ~owhtndsand feeds on other Esh,whereas theAmerican paddfefish feeds on phmkton (Becker1983). Pad&fish areoneof the largest freshwater fish. attaining lengths of

more than L8 m(6ft) and weights of moTe&an 45kg (100!&I).They may attain anageof over30years. PaddleBsh were historically abundant in most of the large rivers of the hfissiaeippi River drainage: specificafly noted were sltch rivers a8the Missouri. ohie, Tennessee. Cumbedand White, Mensea Red, end the Mimhippi itsdt They ah were coticfered abundant in many of the Gtdf Coast river drainages inTexas, Louisiana, Mississippi, and Alabama. Before the turn of the century, relict popuh3tione occurred iu mnueofthe Great Lake and in Ontstia Canada. They have been extirpated born thatGreat Lelres and Canada and Born 8ofnaofthe peripbentl range Stam such esPcnnsyhrenia. New York Marylend, and North Cardine. Pad&fish am known a8filter feedem.

aregenerelty assocfuted with larget+vW systems, and frequendy occur in large groups. l%ep an befound in evariety of hebitatr but prefer to spend much of their time feed@ in quiet backweter

areas orother slow-moving water sitesFederal Register / Vol. 57, No. 184 / Tuesday. September 22. 1~2 / Proposed Rules 43877

suchasthedownstream end of large sandbars. The natural. unaltered, freeflowing conditions that existed on the big rivers in the late 1800’8and early 1900’s(with their braided channels, extensive backwater areas, and oxbow lakes) provided ideal habitat and supported large paddlefish populations (Russell N&3). Populations orsegments of populations have developed in 8ome large. man-made impoundments which provided greatly improved and expanded feeding areas, but paddlefish must have accessto free-flowing river9 tospawn. The following information isa summary and discussion of the five factors or listing criteria assetforth in section 4(a)(1)of the Endangered SpeciesAct (16USC. 1531et seq.)and regulation8 (SO

CFRpart 424) promulgated to implement the Dieting provisions of the Act and their applicability to the current status of the paddlefish and threat9 to their habitat.

A. The&sent or Threatened Destruction, Modification. 

### or Curtailment of Its Habitat or Range.

Thomas W. Gengerke (1980)noted that paddlefish atill occur over most of their historic range am& insome instancea appear to be reinvading previously lost habitat He also noted that. with few exceptiona the reduction in range has been confined to peripheral reachesof the historical distribution. Generally, the same analysis on range

can be made today. However, interpretation of the available biological information (empirical, commercial, and statistical) applicable to the assessment of the viability of those paddlefish remaining within this historical range raisesvery serious question9 about the future ability of these big-river inhabitants to maintain viable populations throughout asignificant portion of the species’ range. North Dakota. South Dakota. Nebraska, Missouri. Kentucky, and Tennessee reIy to somedegree on supplemental stocking effort8 to maintain either sport and/or commercial fisheries within their boundaries. Texas has proposed a restoration plan that will be entirely dependent on astoking Initial decline8 in paddpmgran~

efieh population8 after the turn of the century

were aresult of the impact of water

resource projects. primarily reservoir construction. on paddlefish habitat. Dam and reservoir cor~truction hasaltered most of the original paddlefish habitat III the United State8 by modifying temperature and flow regimes, eliminating spawning sitea disnrptfng epawning behavior and migration, and eliminating feeding and nursery areas (Spanowe 1986).This problem ha8not been resolved. It continues to be a serious factor directly impacting the status and overall viability of paddlefish population8 throughout all the major river habitats of the species. Several
snagfisheries that had developed in the tailwaters of reservoirs after initial cloeure of dam8 on the upper Missouri River in North Dakota and South Dakota and inother major rivers in Missouri, Texae, Kansas, and Oklahoma and along theTennessee River System have disappeared in the last 10to 12yeam because of a lack of recruitment (Pas& and Alexander 1986and Unkenholz 1980).The very specific epawning requirement9 needed at critical times to

ensure successfuI spawning and fry diapersal are no longer available above

or below many major dams. Several newly authorized dam constn~ction sites both inTexas ami. Oklabma will be located onwatemap within the historic range of the paddlefish and can be expected to cause problem for proposed restoration plans by the State of Texas. Paddlefish warn listed by Texas as ‘endangered” prior to 1983.PaddI&sh populations in fwr major Gulf Coast drainages tnTexas have been so reduced because of reeervoir conalznctiod that they are eeldom seenby biologist9 or commercial and eport fishermen. PaddIeBsh ara believed to be extirpated from the Texas’ Sanjacinto drainage. Oklahoma’9 paddlefish popuiations have been sodecimated by the impounding of itswaterways by 48 major reeervoirs sincethe early 1%50’s that the anticipated construction of 8

new reservoirs inthe State (7of which will beon historic paddlefish waters) Is

now expected to have minor Impacts on this epecies,according to biologists in that Region. The Service’9 recent status review also revealed that anumber of additional threats may also poseserious problems for paddlefish habitat and range. Someof these threats may be

more regional in nature, and others,,like declining water quality, appear to be

more ubiquitous. Proposed irrigation projects for the Arkansas River and future water allocation issuesare presently asignificant concern in Arkansas. Aluso.future expansion of navigation pr+cts that will invoice significant dredging and channelization activities can be expected to further degrade paddlefish habitat inTexas, Arkansas, and possibly other southern States. Sand and gravel mining operation9 in Oklahoma waters and along certain section9 of the Mississippi River are a concern, a9these activities undoubtedly have impact not only onspawning and
nursery activities but alsoon water quality. The significance of these activities on paddlefish reproductive

successiepresently unknown. asfew States have been able to either positively identify specificspawning sitesfor protection or have been unable to commit resourcesfor adequate management programs neceseary to

more accurately verify population status and trends. Contaminant9 appear to be an increasing concern for many States. Kentucky has indicated. for example, that they believe paddlefish populations
may be increasing in the Ohio River because of ageneral improvement in water quality in recent years. However, they am now considering closing Commercial fishing for paddlefish in their portion of the Ohio River ticanse of high IeveIsof chlordane and polychorinated biphenols [PCS]that exceed the Environmental Protection Agency’s (Agency) standards for human consumption (Ted CrowelI. Kentmcky Department of Fishand WiIdlifa

_ Resources, 1980,personal commrmication). Missouri has iseued consumption sctvisoriesfor paddlefish from Table Rock Lake Reservoir (upper White River] because chlordane levels in both eggsand fIIIets from paddlefish

were alsofound to exceedthe Agency’s etandards. SimiIarIy, Arkansas has issued consumption advisories for portions of sev’eralmajor rivers becanse of high levelsofdioxin and chlordane, and closures are a190currently being considered. Texas has alsoindicated

concern about the presence ofdioxin. PCB,heavy metal, and a number of other pollutant8 informer paddlefish waters like theTrinity, the Nechea and the Sabine Rivers now proposed for restoration. Many of the contaminants of concern are highIy persistent oganochlorine9 that are known to cause

severe probIems for 5sh and invertebrate organisma making up the aquatic food chain. Deepite the ubiquitous habitat deetmction and modification probIem9 associated with hydropower, irrigation, navigation, contaminants, and other industrial activities discussed above, there isa causefor someoptimism. Researcher9 and field bioIo$sts from several States have reported the
presence of what are believed to be stable and eelf-sustaining paddlefish populations; or, insome ca8es. paddlefish are now being 8eenor collected in rivers where they have been

seenfor several years.43678 Federal Register / Vol. 57, No. 1134/ Tuesday, September 22, 1992 / Proposed Rules

In a84 km (40ml) stretch of the Tallapoosa River below Thurlow Dam in Alabama, researchers at Auburn University were able to collect “large numbers” of subadult paddlefish during

a 1989electrofishing swey. Paddlefish had not been taken in this area for several seasons.Paddlefish larval collections also have been made in the Tallapossa River above Montgomery, Alabama, in recent years. On the lower Alabama/Mobile River system, a District State biologist hasdescribed paddlefish as being “very abundant” in oxbows. A Missouri biologist reported taking paddlefish larve from the Lamine River (tributary ofthe Missouri River just below Omaha, Nebraska) and from two orthree other locations on the Missouri River near the Osage River during 1988and 1987larval studies. Arkansas Game and Fish Commission research biologist, SteveFilipek (1990 personnel communication), reported that. despite growing problems, paddlefieh populations in the major river systems are regarded asself-sustaining. In Louieiana, there are uncertainties about the status of populations in some of the western drainages, but populations in Lake Pontchartrain and in other lakes and drainages in eastern Louisiana are regarded asbeing stable. There ISno further indication of habitat destruction or modification activities occurring in Mississippi, and biologists in that State regard paddlefish populations inthe upper Pearl River as being abundant in oxbows. Also, recenf larval and young-of-the-year collection of paddlefish from the Homochitto, Big Black. arid Mississippi Rivera are indications of the existence of reproducing populations within the State of Mississippi. Even in Oklahoma, where populations have been severely impacted by reservoir constructioa there are recent reports by biologists of paddlefish snagfisheries that recently have developed on tributaries ofthe Eufaula Reservoir where no fish have been collected for severalyears. Illinois biologists believe that their paddlefish populations arestable based

on the fact that the reported commercial harvest (primarily from the Mississippi River) between 1980and 1987remained at 24.000to ~9,500~JJ

(SSJIOO to 85,000lbs
per year).The paddlefish isfully protected inWisconsin, but the State has reported the existence of what is believed to beafairly stable population of 3,000to 4.000fish in theWisconsin River below Prairie du SacDam. Also,
more paddlefish ara being seen [both live and dead asa consequence of boat strikes) in Lake Pepin (Mississippi River) in recent years. Both Ohio and Kentucky believe they areseeing more paddlefish. in relative terms, inthe Ohio River in recent years asa consequence of impmved water quality in that river. Paddlefish larval stages recently have been collected during lock and dam studies inthose hvo States, and Ohio has recovered subadult paddlefish from

atributary in south central Ohio in 1969

or 1990.Montana has reported that all its paddlefish populations in the upper Missouri River and the lower Missouri/ Yellowstone River segments are considered to be in good condition. This assessment was based on several years of data collection in research from 1973 through 1989.



### B.Overutilization for 

### Commercial, Recreational, 

### Scientific, or Education Puquwes

Commercial exploitation has been and contipues to be amajor factor affecting theviability of paddlefish populations throughout their range, but it has been particularly prevalent in southern reservoirs sincethe 1970’swhen the price of me increased to over $44a kg ($20alb) (Paschand Alexander 1986). The incentive for illegal harvest has increased tremendously in recent yeare. Demand and price for paddlefish me have continued to in&ease through the 1960’s,and Federal law enforcement agents have indicated that it isnot unusual for premium quality eggswithin the United States to now retail at$llO to $154per kg ($50to$70per lb). Demand for caviar in the United States hao increased from about 5,450kg (12,mO lba) to 10,000kg (22.0Cml

lbs) peryear. On the international market. processed paddlefish caviar is now selling for %I,100per kg ($500per lb) (Terry L Gmsz, Fishand Wildlife Service, 1990, personal communication). Another indication of the demand for paddlefish caviar inthis country was recently noted by Service agents at the San Francisco airport where 28g(1ozj tina of paddlefish caviar were selling for $56 plus tax This amounts to about $l,990
per kg [%eooper lb). The vulnerability of paddlefish to’ commercial (legal and illegal) operations because of certain behavioral characteristics and their low recruitment rate (slow maturation) iswetI documented in Paschand AIexander (ls88). They noted that. during their studies in the early 1980’son southern reservoirs, it was possible to decimate adult paddlefish sto&a inthree seasona. Evenwhen mature fish are abundant. paddlefish reproductive successcan be highly variable and dependent on river discharge and temperature during the spawning season (Alexander and McDonough 1983).When a popdation isdepleted, adverse environmental conditions can increase both the tii:a required for recovery and the probability that the remaining stockwill die without successfully reproducing. The Service regards the illegal harvest of paddlefish and their eggsasa serious threat to the survival and recovery of this speciesacross most of its range. Fortunately, the majority of the States have also begun to recognize the magnitude and seriousness ofthe problem and have made a number of classification and/or regulatory changes since 1983. Sixof the seven Statessharing management responsibilities on the

Missouri River no longer have a commercial season on paddlefish. North Dakota, Iowa, Missouri. and Kansas closed their commercial seasonsafter 1983.South Dakota and Nebraska have not had a commercial seasoncil paddlefish. only Montana. where paddlefish populations are believed to be maintaining good age classstructure and growth, has allowed commercial handling of roe. Commercial markeb for the handling of paddlefish me and meat exist in several southern States.Within the last 3years, two additional States (Louisiana and Alabama) have moved to fully protect the paddlefish because of indications of overexploitation. Minnesota. Wisconsin, Texas, and Ohio (hook and line fishing only) also classify the paddlefish as“pmtected.” Commercial fishing had been unrestricted inArkansas and Mississippi. Both ofthese States,within the past 2to3years. have placed seasonal restrictions on commercial paddlefish fishing; they have closed their border waters (Mississippi River) in acooperative effort with adjacent Stateswhere the paddlefish isfully protected. Iowa closed its commercial

seasonfor paddlefish onthe Mississippi River in 1987.Kentucky andTennessee still maintain a commercial paddlefish

seasonon the Mississippi River. but it is

asmall percentage of the States’overall harvest lJ’ennessee--3 percent in 1989). Both ofthese States have implemented gear restrictions, and Tennessee has indicated that ahigher priority on enforcement has been initiated 6n commercial activities. West Virginia classifies the speciesas“threatened” but also lists the paddlefish asa “sport”

fish; only hook and linefishing is allowed. Virginia does not regulate the paddlefish but isnow considering classifying the species as“endangered.” Oklahoma has been considering additional protection of itsonly remaining viable paddlefish populationFedaral R@iar 1 VoL 57, No. 1g4 / Tuesday, September 22.1992 / Proposed Rules

in the Grand River (Neosho River in Kansas), but no action her been taken. The Service klieves that the classification and regulatory changes discussed above have decreased overutilfzation of the peddlefish To further decrease the possibiiity of overutilization of the speciea the paddlefish was added to Appendix II of the Convention on International Trade in Endangered Specie8of Wild Faun8 and Flora (CITES;‘eeediscussion under Factor D) in March 1982.This will help to eliminate any i&gal international. trade.

C.Disease or predarian

Diseasesand parasites ofwild paddlefish populatlons heve not been studied to any greet extent. within the past couplti of yeam, Dr. H8rry Hallaway, Jr.,of the University of North Dakota has identified the presence of various external and internal parasites in paddlefish taken &MI tha Yellowetone River in Montana [a population shared wftb North Dakota). He ispresently trying to deztiaT significance of theoccurren parasites onthe overall condition end well-being of the upedes. Dr. Halloway’s studies showed heavy infestation of the giIh3by 8monogenetic trematode and heavy infestation of the intestinal tract with a nematode encysted in thewalls and kee in the intestinal tract. Also of interest was 8 discovery that the eggmassesof paddlefish examined were parasitized by acoelenterate. Polypodium hydriforme. This parasite was found to diminish the number ofviable eggs: however, further examination and counts indicated that only about 1 percent of the eggswere affected The conclusion by Dr. Halloway and the Service isthat parasite infestations in wild populations are a normal

occurrence and by themselves do not constitute asignificant tbmat to the paddlefish. Various types of stress factors, sucha3poar weter quality, rapid temperature changw, contaminanta poor conditi0n factors (from an inadequate food supply). or overcrowdfug in a hatchery situ&ion,

are known to predispose fish to a variety of parasitea diseasea and secondary infection& The sign&ance of parasitic infestations may,be depends&
upon the presence or interaction of the paddlefish with other envimnmentaI factors.

D. TheInadequacy oftiding Regulatary Mechanisms

There isasign&ant need for 

### a coordinated, joint Federal/State interagency management plan across the range of the paddlefish because of tbe complexity of the iesuesand the difficulty inobtain&~ speciBc population status information onthe epeciesdue to its mobility, Iargesize, and tendency to live in large rivers Management problems ars compounded along the Missopri Miasisaippk and Ohio Rivers wkm many States often share a paddleflab popuiation. Within the last 3to5ycraraseveral States * the Mfssaurl and Mirrirsippi Rivers have attempted to coc&natst reg&tosy actionsbyelindn8tingorresMcGng ;gd&y=id ,5wf for -

I4nmiaMand-

_ have clasd’ti B fiShiIqfo@&5&ik~~~ ~aol$n!lwi&ctedte~

Ths!mi8evid0ncsthetaes
consequence oftk very highdemand for paddlefish caviar both on tlm national 8nd intamationaI market old th8currentpric8perpoundbcing received for processed em th8 thm8t of0verexpIoitation of pad&&h fm t.heirrwksincmawd edwiulfkaky contiiul0toincrseMintk~ The Servicefs enoDumged by the fact thaf many Statea within the past 3to 

### 6 years, have responded to &is threat and have deveIoped needed reguletory actions that should help to reduce ilIeg8l harvest impacts. Despite the best of intentiona th8 combinatinn of 1egaI marketing operations within the United States end thedenmnds for premium caviar by the tifernational trade markd will continue to exert tremendous pressure on Federal and State kw enforcement authorities to beable to distinguish illegally taken paddleAsh me from legal sources. It istoo goon to tell. whether tkse more recent regulatory changes have had any impact on quelling the itlegal trade issue.In the judgment of the service, it isunrealistic to expect that regdstory actions within the United States alone will k abIe to adequately protect the paddlefish fmm
this type of pressure. The history of the illegal harvest problem has been that bigbly orgmfzed, illegal operations have been at least 2 to 3 yeam ahead of Ial* enforce-t authorities and have decimated paddlefi shpopulations weil before a problem was detected To help stop tbs illegd harvest the Servicevended that the paddlefish k added to,appendix II of the Convention on Internation Trade in Endsngemd Sped& of Wild Fauna and Flora at the Conference of Parties meeting held in Kyota, Japan.on March Z-Z 19%~ Tk addition of the paddlefisb to appe&x II wes approved at 

### that meeting. Aa an appendix II speden it will be necessary that an export permit be issuedfor any export of paddlefish, thetr parts, orderivatives (which includes w). A reexport certiffcate will have to accompany any subseqocnt shipment from the impomng cTmmt?y. Exportpermitswilloniykissuedwbso the action is not detrimental to the

3urvtvaIoftksp0deaThfswntd0f exparta will make it eerier to curtail the illegal esp0cts of tbo caviar mark&

E. Other Natumi ar Mb-Made Factau Affecting Its CantiuedBisLenca
Thsp;addkfIahbvlllnembI0to~ harvestbsomsseofcert8inkhavhrrrl charecteristicu Redictable sp8w llmaendsckoungtandendes~~ 

### thek3pringaduintermmtb8atreadi&

. . cIleaabchspwet0?-withIo

5eS0?V0ItSlUSkS~~Sy toloc8t88ndcaptumandkvlB

contribuf0citoth0deplttimofmany

comma exploited populations (Pas& and Ahaader 1-k Alea the mlstively low reproductive po~0tha~dtfpil In

-=tPd condinoeu lwowwrytoensum~ succwdid spewu @Ilcmdy lawnumks8oflvturallyrsprod~- I populations+ and relatively small. numbers of individuals comprtstng scam popnlstions m&car the species’ability to maintein viable populations (without
3upplementeI SW. When thesefactors am combined with the camuietive impact ofthe other factors 

### affecting paddIe5sh rangs and via- (discussed under factor A), the probability 

### that remaining, segmented populations wiil recover isgreatly reduced. Nevertheless. ifoverharvest

can be controlled and other environmental problem3 mitigated or reaohmd the information received from the individual States during tk status revifm fndicates that theviabiMy of

3ome peddle&h populations can be recovered Missourh reservoir Stodring program has proven to besllcceSsfuL and eeverel other States (asdiscussed above under factor A) like Alabama Oklahoma Obfa Kentucky, Axkansaa and Miasissippkh8ve reported either increased sightings or catcks of either larv8l stager, gOung-Of-tk-y~, 01 ~~badtdt fishfrom waters where populations have been considered to be greatly reduced Tk p8tliionef referred to seven States where tk st8tus of tk peddle5h was listed 

### ar declinbq in the 1983Cen&e repart. Tkss Statss areAlabama. Illinois, Ksnsea Ok South Dakota 

### Texas, and West Virginis. 

### Tbe status of paddIe5h tn one State, Oklahoma, was listed ast&mown. Since1983.there have been some important changes.436mJ Federal Register I Vol. 57, No. 104 1 Tuesday, September 22, 1992 1 Proposed Ruies

These States, including several others bordering the upper Missouri and upper Mississippi River drainages. have taken regulatory actions on their own to protect populations. Basedon primarily empirical information from these States and/or our Service Regions, there isan apparent improvement in the status of

seven of the above eight States.These States believe their population9 to be stable or expanding, except for Texas where there isan apparent continued decline despite full protection. Alabama has closed both commercial and eport fishing. State biologists are

now reporting large numbers of paddlefish inthe lower Alabama River/ Mobile River delta complex and increased numbers of mbadults below Thurlow Dam inthe Tallapooea River, including paddlefish larval collections

near theTombigbee River.The Statesof Ohio, Kentucky, and West Virginia believe that paddlefish may be increasing in the Ohio River and someof its tributaries because of ageneral improvement in water quality and the fact that more paddlefish juvenile9 and young-of-the-year are being taken on the Ohio River during lock and dam studies. In 1989.Ohio biologists captured 30 subadult paddlefish from atributary of the Scioto River several mile9 above theOhio River. Kentucky considers 9omeof its most significant populations to be in the Ohio River below Louisville, Kentucky. West Virginia also believe8 that paddlefish number9 are increasing

onthe upper Ohio and Kanawha Rivers based on increased capturea. improving water quality, and an indication that

somespawning may be occurring within 80km (50mi) of its border on the Ohio River. Both the State9of South Dakota and Nebraska share management responeibilities for the Missouri River population below Gavin8 Point Dam and its reservoir, Lewis and Clark Lake. Paddlefish larvae have been collected In Lewis and Clark Lake (from the freeflowing section below Fort Randall Dam) nearly every year for tha past several years and appear to be increaeing*The paddlefish population below Gavins Point Dam isregarded as having stabilized at approximately boo0 fish. and the current annual harvest quota of 1.800fish may be further reduced, A prohibition against enagging immediately below Gavin9 Point Dam, where meet fish are taken, was initiated in October 1981.Population sagments in South Dakota’s remaining Missourf River reservoirs are regarded ashaving declined since1963.Adequate spawning habitat intributaries of these reservoirs isnot available. Kansas,which closed itsportion of the Mi990u.b River to commercial paddlefish operations in January 1991, share9 its populations with Oklahoma (Grand River/Meosho River) and Missouri (the Marais de9 Cygnes/Osage River in Missouri), and paddleflsh were recently discovered in the Marmaton River (Little Osage River in Missouri). The State believes that these populations ara “healthy and sustainable.” Kansas also made an attempt in September 1991to reestablish paddlefish in the uppar Arkansas River by stocking Kaw Reservoir in a cooperative agreement with OkIahoma. Adequate spawning habitat isavailable

onthe Walnut and Arkanaar Rivers above this reservoir. ’
Illinois has assessedthe status of its population9 a9stable based on the fact that commercial harvest has consistently been between 24,000and 29,500kg (53,000and 85,000lbs) between 1980and 1987,although the 1986harvest

was slightly higher at 35,200kg (77,500 lba).The majority of this harvest is reported to befrom the lock and dams

on the Mississippi River, but paddlefish

are also reported in other major rivem. like the Illinois, Little Wabash, Sangamon, Kaskaskia. and the Big Muddy. weakening of the gene pool and lossof identity from original stocka could become a problem. However, genetic inforplation onthe paddlefish is presently quite limited and the propagation program technology Isstill developing ona national baais. Consequently, the availability of hatchery rained paddlefish fingerling to those Statesthat usethis sourceto supplement existing stocks isquite limited

Oklahoma believes that its populations arestable. The major fishery isin the Grand River system where commercial harvest is allowed only from Grand Lake. The State believes that downstream areas of the Grand River at Fort Gibson and Markham Ferry could sustain some commercial harvest tf illegal fishing could be eliminated. Young-of-the-year paddlefish have been collected from the Grand River and on the Arkansas River below Keystone Reservoir. There isnow evidence that populations am present and increasing in Keystone Reservoir as
asnagfishery was obeerved to have developed upstream of the reservoir during the spring high water period in 1990. Although several State9 currently utilize astocking program a9a management tool, it would be inaccurate
to characterize these program9 asbeing overreliant on hatchery produced fingerling. Generally, the degreeof stocking om on anational basis is not at a level that could be expected to maintain population segmentsatviable levels. Nearly all Statesthat atilile supplemental stocking receive fingeriings that have originated from wild broodstock taken from river systems geographically common to that State..Tha only known exception to this would be theTexas pmgram. Also, the Food and w Administration has recently cancelled the restricted Investigational New Animal Drug (INAD) permit at selected Federal and State hatcheries A number of chemicals essential to thesuccessof hatchery production programs may no longer be available. Thir will have amajor impact

onthe paddlefieh production programs and the availability offingerlings inthe immediate future.

Paddlefish populations inTexan, although protected are apparently still in decline. Restoration efforts were initiated in 1989above BA Steinhagen Reservoir (Neches River), and additional restoration reservoir construction and multipurpose navigation project9 inthe State could jeopardize future restoration plans, however. The Act require8 the Service to make itsdeterminations regarding listing solelyon the basisof the best scientific and commercial data available after conducting areview of the status of the speciesand after taking into account those effoa being made by Statesor others to protect thespecies. It isthe opinion of the Servicethat although the empirical information reviewed suggests

an apparent decline for 9ome population segments of the paddlefish, scientific and commercial evidence to list the speciesa9threatened throughout its range is not available.

The petitioner aleo identified the usa of hatchery raised fish asa potential threat tothe genetic diversity ofthe species.Unless a management and propagation program for aparticular speciesis closely monitored there is alwayr the potential threat that The primary difficulty encountered by the Service in attempting to a99es9the current statun and/or trends war a nearly complete absence of any population data addressing population size,agestructure, gmwtir data, or harvest rates acrossthe range.of tha paddlefish. This war particularly true for those States bordering the upper Mississippi and Ohio Rivem where the only significant information available

was commercial data from Illinois, Iowa, and Mi9sourl. Also, apaucity of current population data exists from mostFederal Register / Vol. 57, No; 184 / Tuesday, September 22. 1%~ / Proposed Rules 4368-f

of the States bordering the Missouri River end the Gulf Coast States. In
many cases,State9 have had to make assessment9 based primarily on empirical data, sightings by biologists incidental to other fishery activities, and general information from commercial or sport fishermen. Generally, the biological and statistical evidence was not available to conclusively verify specific trends or toverify that the statur of paddlefish populations Is indeed stable orviable. Of concern is the fact that sincethe 1983statu9 survey

was completed by Gengerke f>g8@,1Sof 2 State9where paddlefish still occur have recognized indications of overharvest and continued habitat degradation problems; however, they have made changes in either the classification, status, and/or regulatory statue oftheir aport and/or commercial paddlefish fishery to overcome these problems.
The Servicehas concluded that, because of the apparent viability of

some populations or population segments and apparent increases in ths species’ numbers in part9 of it9 range, listing thespeciesacrosb its rang9 ir not warranted. In attempting to assessthe species-wide threat9 or impacts on the paddleRsir, the Service considered both the limited amounts of empirical and biological data and relied very heavily

on personal interview9 with many State and Federal field biologist9 who work closely with the resource. The overwhelming opinion of these professionals isthat while they recognize that severe threats have causedsignificant population declines in parts of the species’range, their observations. limited surveys, and conversations with commercial and sport fishermen also indicate that 9ome paddlefish populations appear to be

, holding their own (also based on collections of both paddlefish larvae and fry from several systems)and may, be increasing
Most of the southeastern Statesalso believe that regulatory changes made within-the last 3to5years along with increased enforcement activities may allow recovery of paddlefish populations in river systemswhere adequate habitat conditions still exist. Somefield biologists also indicated that if adequate funding and manpower were available to expand survey effort9 to Borneof the more complex river system9 and bayous where peddfe5sh have been

seenona regufar basis, amore accurate and possibly emore favorable accounting of the species’status would be possible. The Servicealso had difficulty in attempting to define adistinct population segment for listing purposes. The Service hasthe authority to list a distinct population segment for any vertebrate fish orwildlife specieswhich interbreeds when mature. However, congressional language indicates that the Service is“to us9 the ability to:list population9 sparingly and only when ths biological evidence indicates that such action ir warranted” (Sermte Report NG.. 96-151,96thCongre9~lrtSe9sion 7, 1979]. Genetic islblIloti~avtveil& en.lbeT peddlefish L also axtremaly li&& ” only two studier are hmwn to haw been dons on thespecies,one by Cerison (1983)using electrophorstic (prutsin analysis) techniques 9mdtha other study by ths IllinoisNaturai~ History Survey (Epifanto, Nadbek smd Phihpp 1989)which uoed both protein

_ electrophoresis and restric&n. endonucleaea fragment analysis of mitochondrisl DNA (mtDNA anolysir), Carl9on (1982)was the fir9t. a99es9naentd the genetie strnotnre oi--. paddle&h populatioPr and the randy found that thaspsctes w&ibitact,e lewes genetic v&&ility (9esmonly in a few..,-
other enimd gmpn) than that nsportdfor ether vertebrate9 end other Osteichthyea Poesible explsnutions fos this low geneticvariability ds9u+bsd by the study were that the environmentalstability of the MississippiRiver rystem through geologic time may have led to the fixation of a highly adaptive genotype. Also, the paddlefish. which is regarded eae primitive and genetically conservative organism and is arather large, long-lived specieswith the capacity to travel great dlstsnces, may be responding to its environment in a much lessfin+gra.ined fashion Tim smaller, short-lived lesr mobile speciea The lack of electrophoretic diff9r9nces does not necessarily imply alack of genetic differences, but it do99 rugged that any such genetic differences that might be present would be present at only low levels. One paddleAsh taken from the Alabama River drainage was noted asbeing genetically distinct

.because itwar homozygous for one allele not found in the Missbsippl River drainage paddlefish The study by Epifanio. Nedbat and Phil&p (1983)showed slightfymors genetic variability during protein electrophorstris work but indicated that thisvariability was sttll low compared to other fishes “and that stockstructure of the paddIefl9h is not exectiy clear.” The qualitative mtDNA analysti which isdescribed asbeing mars useful than protein electrophoresis for monitoring paddlefish population genetic dynamics, reflect9 e clonal mode of inheritance. This work identi5ed a north-south distribution of three clone typea The “c” donea were observed primarily north of the mid-Missouri River; the “B’ cloneswere observed inthe southern portion of the rangszand the “A” dons

was observed uniformly throughout the range and probably indicates that multiple stock9were sampled ovur tha.. species range. Additional work i9
necessary to d&rmine if paddlefish in

, some area8 are genetically dIeti& fron+ peddls59h inother area In many portions of the specied r9n& their i9an apparent isolation (139 a result of dama ressrvoirs, and differentdrainage basins) from neighboring member9 of the same taxcm. The question remains unanswered asto whether thess isoletton factors have been rIgni5caut enough to produce genetically distinct populations However. the most recent population studies dons by.Reed [undated) did show that L~ui9ians paddlefish populations exhibited both ( morphdogkal diff9rsnc9s an* signi5cantly different fecundi@

estimatfm ffom otha paddlefbh popniatiorm found throughout river systemsof the Mis9issippi River drainage. Many of the paddlefish cofl&sd by Reedwere taken from Gulf Coast stre9m9 or other water bodies which either have no apparent connection with the Mississippi River or perhaps only ecasonal tie9during flood events. Sexual dimorphism between

sexesin Louisiana paddlefish was considerably lesspronounced (females and males being equally slender at sexual maMty), and fecundity estimates (number of eggsproduced per kilogram of body weight) for Lake Pontchartrain paddlefish wers found to be considerably lower than fecundities reported inthe literature. Also, there is

someevidence (bssed on conversations with 5eld biologist9 in several southeastern Statss) that paddleff sh in the eouthem portion of their range may matura slightly ear&r and are generally smaller [in weight) than their counterparts in mars northern ranges. The scientific evidence isnot conclustve that morphological, behavioral, and biochemical characteristics ofths ‘population segmentm”aredistinctly different from other members ofthe taxon. Genetic variability of the species 18regarded as low, and thers issomedocumentation end evidence of populertion segment exchangembetween reservoir ad lock and dam systems acrossthe species’ range. On anational basis, the relianceFederal RegMsr 1 VoL S?, Na. 184 / Ttwciay. September 22, 1992 j Proposed RuIes

of the States an a stocking program constitutea avery .sntd portion of thy specie8’reproductive potential. Therefare. the Service doea n& belieye thst either the cumnt stocking m

or future prograInr. givea the prodllcth pfugram cormtraints and cowicier@ the above dincuaalan, are likely b jeopardize the genetic variabiMy of the speciea Studier by Tennessee Valley Authority biologists inthe late lWC?'s and eady lBB(l’s documented an exchange of puddleflab Id rbgar; between someTennessee VaHey Authority reeervoim. Oklabana biologistn believe that there ir I! m poesibtity that peddlefbh mw ac~beiowKegstom~cm the Arkanti River orQin&ed from t&a Grand River/Grand Lakestock. A similar exchange of paddlefIst, 1-1 stagea and fry may be Mirtg phsce within come upper Missouri River barfn reeevmfm. BfologiBts are pIt?sently engaged h studier to confirm the4 possibility or extent of thh, exchange, particularly below Gaviur Point Dam on hvis and Clark Lake, South Dakota. Similarly, the apparent isolation of paddlefish population0 endemic to severd Gulf Coast streams inTexa6, Louisiana. and Alabama from the Mississippi River drainage isnot conclmfve and can bequestioned. These isthe possibility of exchange between theTenuessee River system and the Alabama River via the newly completed Tombigbee River CanaL Some biologietr believe that there is astrong possibility that there has been an exchange of several other Gulf Coast river paddlefish populations with the Mississippi River drainage via the Intercoastal Waterway, specificeIly in Louisiana. Althaugh paddIefi8h have very specific spawning requirement* then Servicedoee not beIieve that the information and data availah demonstrates that habitat utilized by several apparently isolated paddlefib population8 i8 “unique.” In tact the literature shows that paddle5ab have been able to adapt froar tha tiu river environment to a reservoir situation (at least for feeding w) and still be able ta maintain population viability if provided accessto the riverine environment, if adequate apavAingcalditictwaremaintained and if harvest isadequately amtrolled.
The sanice. after fully avaluat@ ati of the above information. hu cux&uH that then3 ir not eufficimt wti8c evidence to cand~&veAy &XIICAIU~~#D
that any 

### population regmxktr am b M “ClieW fmo! 0th memtms afthw taxon. Listing of the paddlefish by “population” h therefor not po8ai&.

The statua review reveakl that them isI)were lack of papuhtion data and scientific inkumatkm an the specie8- whkb hinden m mxwate assessment OfthOStllttlUOfh~kr.ThenfOrs; the !hrviw inten& t0 re4Aeueify tJke pddf&dbtl~hgO~3C~a
caay Z Thib da8sificstfoa fhsnge

woorage further ilmmfgeti andbioJa@~rerearchofthespeeM
statuu
The reclassifidation from a cat3Cbeoategory2epecfwmtd*mcent addittaaoftkepeMefMtoAppen&x II Ofthecwv~eE ftwl¶tau Tradein&&ege&Spe&aofWd“

Fa-d-hwse ofdm-~amc8ln

atatur ufh~IMh8~ TheBt8hslwkw therel~e Bemre lade of pepthtioa d8ta and scienti& information on tke specie!% withunt which an a-h aweauuentofthemagMudeandia~ implicationa of the many M did above cannot be accnmtdy

Iigtgzaw2

we will continue to mdkw the epedd 8muB. rfappqrkfe dab - available iathe fWwe witch indkafu thatthe8p8&sme~quaMya,e thref?tewdareItde~~or that di~tinci &atiom no defined Ln theActCSlIlbOdfStirrgulshe&the~ will rutraee~~ the Btabm end pmqme listing as newwary.

lzakacwclti AIuxelldur.cbt.dT.A.~logL Efkc~ of w&r conditiorvdtwi~~ apevdug 00 paddlelab yciuwlan stce!~ iuoIdHic&ry Rerervaic. fermunsuu. T~JUWBIW V&y Authority, Of&a of Natorat Reaaarces. Mvfsian Ot AbaadWatmRemuca~ Tm~o#.USARogre~Report16

l3Blizz~ltm3Rslwdw-Pagn 23l-aB. Tlw UBi~ ofw--wIwPas& RW, andCM. AlexalXier.Ue8. Effectsd u)mmurcfak

riehinaon paddkfii papulations Pa&i 486311~ I.C. nillard. Lx. Gi-atmn end T.R

Smrrowa R.D.um&Tbruata totinddbSh