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

PART 252—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

2. Section 252.225–7026 is amended

by revising the clause date and the

introductory text of paragraph (a)(3); by

redesignating paragraphs (d)(i), (d)(ii),

and (d)(iii) as paragraphs (d)(1), (d)(2),

and (d)(3), respectively; and by revising

paragraph (c)(1). The revised text reads

as follows:

252.225–7026 Reporting of Contract

Performance Outside the United States.

* * * * *

REPORTING OF CONTRACT

PERFORMANCE OUTSIDE THE

UNITED STATES (XXX 19XX)

(a) * * *

(3) Contracts exceeding $500,000,

when any part that exceeds the

simplified acquisition threshold in Part

2 of the Federal Acquisition Regulation

will be performed outside the United

States, unless a foreign place of

performance is—

* * * * *

(c) * * *

(1) The Contractor shall include a

clause substantially the same as this one

in all first-tier subcontracts exceeding

$500,000, except subcontracts for

commercial items, construction, ores,

natural gases, utilities, petroleum

products and crudes, timber (logs), or

subsistence.

* * * * *

[FR Doc. 97–27437 Filed 10–16–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 227

Endangered and Threatened Wildlife

and Plants; 90-Day Finding for a

Petition To List the Atlantic Sturgeon

(Acipenser oxyrhinchus oxyrhinchus)

in the United States as Endangered or

Threatened

AGENCY: Fish and Wildlife Service,

Interior; National Marine Fisheries

Service, National Oceanic and

Atmospheric Administration,

Commerce.

ACTION: Notice of 90-day petition

finding and request for information.

SUMMARY: The U.S. Fish and Wildlife

Service and the National Marine

Fisheries Service (collectively the

‘‘Services’’) announce a 90-day finding

for a petition to add the Atlantic

sturgeon (Acipenser oxyrhinchus

oxyrhinchus), where it continues to

exist in the United States, to the List of

Threatened and Endangered Wildlife

and to designate critical habitat. The

Services find that the petition presents

substantial information indicating that

the petitioned action to list Atlantic

sturgeon may be warranted. The

Services are now initiating a status

review to determine whether listing of

the Atlantic sturgeon in its North

American range, including Atlantic

Canada, is warranted, and to prepare a

12-month finding. To assure that the

review is comprehensive, the Services

are soliciting information and data on

this species.

DATES: The finding announced in this

document was made on October 2, 1997.

Comments and materials related to this

petition finding must be submitted to

National Marine Fisheries Service,

Northeast Region, Habitat and Protected

Resources Division, at the ADDRESS

below, by December 16, 1997, to be

considered in the 12-month finding.

ADDRESSES: Information, comments or

questions concerning the Atlantic

sturgeon petition should be submitted to

Christopher Mantzaris, Chief, Habitat

and Protected Resources Division,

National Marine Fisheries Service, One

Blackburn Drive, Gloucester,

Massachusetts 01930. The petition,

finding, supporting data, and comments

are available for public inspection by

appointment during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT:

Mary Colligan (508–281–9116) or Ray

Santos (508–281–9103) at the above

address, or Anne Hecht of the U.S. Fish

and Wildlife Service (508-443–4325).

SUPPLEMENTARY INFORMATION:

Background

Section 4(b)(3)(A) of the Endangered

Species Act of 1973, as amended (ESA)

(16 U.S.C. 1531–1544) requires that the

Services make a finding on whether a

petition to list, delist or reclassify a

species presents substantial scientific or

commercial information to indicate that

the petitioned action may be warranted.

To the maximum extent practicable, this

finding is to be made within 90 days of

the receipt of the petition, and the

finding is to be published promptly in

the Federal Register. If the finding is

positive, the Services are required to

commence a status review of Atlantic

sturgeon and to disclose their findings

within 12 months of receipt of the

petition (12-month finding).

On June 2, 1997, a petition dated May

29, 1997, was received by the Services

from the Biodiversity Legal Foundation.

The petitioner requested the Services to

list Atlantic sturgeon, in the United

States where it continues to exist, as

threatened or endangered and to

designate critical habitat within a

reasonable period of time following the

listing. The petitioner submitted

biological, distributional, and historical

information on Atlantic sturgeon

populations and identified potential

threats including commercial fishing

(directed and incidental), river

damming, habitat loss, and water

quality. Also, the petitioner cited

scientific references in support of the

petition.

There are two subspecies of Atlantic

sturgeon. The first subspecies,

Acipenser oxyrhinchus desotoi, known

as Gulf sturgeon, occurs from the

Mississippi River to Tampa Bay,

Florida. This subspecies was listed in

1991 as threatened under the ESA. The

petition and this finding address the

second subspecies, Acipenser

oxyrhinchus oxyrhinchus, known as the

Atlantic sturgeon, which is distributed

in the western North Atlantic from

Hamilton Inlet, Labrador, south to the

St. Lucie River, Florida.

Atlantic sturgeon are anadromous fish

that may live up to 60 years, reach

lengths of up to 4 meters (m) (14 feet

(ft)), and weigh over 363 kilograms (kg)

(800 pounds (lb)). They are

distinguished by armor-like plates and a

long protruding snout. Ventrally located

on the snout is a protruding mouth with

four barbels crossing in front. Sturgeon

are omnivorous benthic feeders eating

opportunistically and filtering

quantities of mud along with their food.

Adult sturgeon diets include mollusks,

gastropods, amphipods, isopods, and

fish. Juvenile sturgeon feed on aquatic

insects and other invertebrates.

Depending on geographic location

and sex, sturgeon reach sexual maturity

at different ages. Males tend to reach

maturity faster than females and the

average age of maturity for both males

and females increases with increasing

latitude along the Atlantic coast. Age at

sexual maturity for males ranges from 5

to 24 years, and for females, from 7 to

30 years (ASMFC 1990). Sexually

mature sturgeon begin their spawning

run as early as March (in the southern

Atlantic coast) and as late as July (in the

higher latitudes). Spawning occurs in

flowing fresh or estuarine waters with a

hard bottom, where the extremely

adhesive eggs stick together in clusters.

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.

Juveniles then head seaward to grow to

maturity and join the adult migration

run which can range many miles away

from their home rivers.

Historical records from the early

1800s document large numbers of

sturgeon in many river systems along

the Atlantic coast. It does not appear

that the historical range has been

reduced significantly; however, remnant

populations in some river systems, if

not extirpated, are quite small. Systems

presently known to support reproducing

populations are the Hudson River in

New York, the Ashepoo-CombaheeEdisto River system in South Carolina,

and the Altamaha and Savannah rivers

in Georgia (ASMFC 1997). In the

Hudson River, numbers of juvenile

sturgeon were estimated at less than

5,000 during 1994, an 80 percent

decline from the 25,000 juveniles

believed to have been in the Hudson

during the 1970s (New York State

Department of Environmental

Conservation 1996). Recent

documentation of gravid females and/or

young of the year exists for the Delaware

River (DE), James River (VA), Roanoke/

Chowan and Cape Fear rivers (NC), and

Santee/Cooper rivers (SC) (W. Laney,

USFWS, pers. comm., 1997). Additional

research is needed to determine the

extent of reproduction, if any, in these

rivers.

Both commercial fishing and

incidental take may have a substantial

effect on Atlantic sturgeon. Commercial

fishing is frequently cited as a major

reason for the species’ decline.

Historical commercial landings provide

the only long-term estimates of stock

abundance; unfortunately, Atlantic and

shortnose sturgeon were probably not

differentiated in those records. Annual

commercial harvest levels reached

approximately 3 million kg (7 million

lb) at the end of the nineteenth century.

Since that time, a severe decline took

place with annual United States

commercial landings not exceeding

136,000 kg (300,000 lb) (ASMFC 1990).

In addition to directed commercial

fishing for sturgeon, incidental catches

of juvenile and adult sturgeon in State

and Federal waters are frequently

reported as having a substantial impact

on stocks. Coast-wide, the 1987

incidental catch exceeded the directed

catch (ASMFC 1990). Current

information indicates that Atlantic

sturgeon are taken incidentally in every

commercial type of fishing gear.

Prior to 1990, commercial landings

averaged between 91,000 and 136,000

kg (200,000 and 300,000 lb) per year. In

1990, the Atlantic States Marine

Fisheries Commission (ASMFC),

developed an Interstate Fishery

Management Plan for Atlantic sturgeon

regulating harvest and initiated a

coordinated stock assessment from

Maine to Florida. The goal of the plan

is to provide framework for the

restoration of Atlantic sturgeon to

fishable abundance throughout its

range. The plan recommended that the

states control harvests by adopting

either—(1) A minimum length of 2.4 m

(7 ft); (2) a moratorium on all harvest;

or (3) alternative measures determined

to be conservationally equivalent. Coastwide landings fell to less than 45,000 kg

(100,000 lb) by 1994; but in 1996, the

ASMFC determined that the current

harvest levels were still too large for

stock recovery. Subsequently, all but

two states have banned harvest and

those (Delaware and Connecticut) have

reported no landings. Currently, the

ASMFC is considering an amendment to

the plan to institute a coast-wide

moratorium. Due to the current low

levels of abundance, long life cycle, and

sporadic spawning, a moratorium would

likely have to last decades to allow

stock recovery.

Other threats to Atlantic sturgeon and

their habitat include habitat loss and

degradation, and disease. Dams, mostly

constructed during the 1800s, destroyed

riverine habitat and impeded access to

upstream areas, and may have played a

role in the historic decline of this

species. Biologists also suspect that

siltation and water pollution may be

factors in recent sturgeon reproduction

declines, but the extent is unknown (R.

St. Pierre, USFWS, pers. comm., 1997).

Transportation of white sturgeon to the

Atlantic coast for the pet trade may

cause genetic and health impacts

(disease) to Atlantic sturgeon if released

into the wild (Laney, pers. comm.,

1997).

The Services have determined that the

petitioners have adequately presented

information about the status,

distribution, and abundance of Atlantic

sturgeon, in addition to having

identified potential threats to the

species in the United States. After

review of the petition and information

available within the agencies’ records,

the Services find that substantial

information has been presented to

indicate that the petitioned action to list

the Atlantic sturgeon may be warranted.

A status review will now be conducted

on the Atlantic sturgeon in North

America, including Atlantic Canada.

While the petition was limited to U.S.

populations of sturgeon, the Services

have decided to expand their review to

encompass the entire North American

range. Existing information indicates

Atlantic sturgeon undertake long

migrations and therefore a broader

scope is required to understand stock

structure throughout its range.

Within one year from the date the

petition was received, a finding will be

made as to whether listing the Atlantic

sturgeon is warranted, as required by

section 4(b)(3)(B) of the ESA. The

petitioner also requested that critical

habitat be designated. If the 12-month

finding determines that the petitioned

action to list the Atlantic sturgeon as

threatened or endangered is warranted,

then the designation of critical habitat

would be addressed at that time.

Listing Factors and Basis for

Determination

Under section 4(a)(1) of the ESA, a

species can be determined to be

threatened or endangered for any one of

the following reasons—(1) Present or

threatened destruction, modification, or

curtailment of habitat or range; (2)

overutilization for commercial,

recreational, scientific, or educational

purposes; (3) disease or predation; (4)

inadequacy of existing regulatory

mechanisms; or (5) other natural or

manmade factors affecting its continued

existence. Listing determinations are

made solely on the best scientific and

commercial data available.

Information Solicited

To ensure that the status review is

complete and based on the best

available scientific and commercial

data, the Services are soliciting

information concerning the following—

(1) Current and historical abundance

and distribution of Atlantic sturgeon; (2)

existence and viability of reproducing

populations; (3) threats to the species

and its habitat (fresh, estuarine, and

marine); (4) ongoing efforts to protect

Atlantic sturgeon and their habitat; and

(5) whether or not any population is

threatened or endangered based upon

the above listing criteria. The Services

request that data, information, and

comments be accompanied by—(1)

Supporting documentation such as

maps, bibliographic reference, or

reprints of pertinent publications; and

(2) the person’s name, address, and any

association, institution, or business that

the person represents. Such information

may be submitted to the above address.

References Cited

ASMFC Fisheries Focus. 1997. Species

profile: Atlantic Sturgeon. Atlantic States

Marine Fisheries Commission, Vol. 6,

Iss. 3: pp. 4–7.

ASMFC Draft Public Information Document.

1996. Amendment 1 to the Fishery

Management Plan for Atlantic Sturgeon.

Pp. 1–9.
54020 Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules

ASMFC Fisheries Management Report No.

17. 1990. Fishery Management Plan for

Atlantic Sturgeon. Atlantic States Marine

Fisheries Commission, Nov. 1990. 73 pp.

New York State Department of

Environmental Conservation. 1996. DEC

Announces Emergency Moratorium on

Atlantic Sturgeon. News Release dated

March 22, 1996.

List of Subjects

50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements,

Transportation.

50 CFR Part 227

Endangered and threatened species,

Exports, Imports, Marine mammals,

Transportation.

Authority: The authority for this action is

the Endangered Species Act of 1973, as

amended (16 U.S.C. 1531 et seq.).

Dated: September 29, 1997.

Jamie Rappaport Clark,

Director, U.S. Fish and Wildlife Service.

Dated: October 2, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–27547 Filed 10–16–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AE36

Endangered and Threatened Wildlife

and Plants; Proposed Rule to List

Three Aquatic Snails as Endangered,

and Three Aquatic Snails as

Threatened in the Mobile River Basin

of Alabama

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule and notice of

petition findings.

SUMMARY: The Fish and Wildlife Service

(Service) proposes to list the cylindrical

lioplax (Lioplax cyclostomaformis), flat

pebblesnail (Lepyrium showalteri), and

plicate rocksnail (Leptoxis plicata) as

endangered; and the painted rocksnail

(Leptoxis taeniata), round rocksnail

(Leptoxis ampla), and lacy elimia

(Elimia crenatella) as threatened species

under the authority of the Endangered

Species Act of 1973, as amended (Act).

These aquatic snails are found in

localized portions of the Black Warrior,

Cahaba, Alabama, and Coosa rivers or

their tributaries in Alabama.

Impoundment and water quality

degradation have eliminated the six

snails from 90 percent or more of their

historic habitat. Surviving populations

are currently threatened by pollutants

such as sediments and nutrients that

wash into streams from the land surface.

This proposed rule, if made final, would

extend the Act’s protection to these six

snail species.

DATES: Comments from all interested

parties must be received by December

16, 1997. Public hearing requests must

be received by December 1, 1997.

ADDRESSES: Comments and materials

concerning this proposal should be sent

to the Field Supervisor, U.S. Fish and

Wildlife Service, 6578 Dogwood View

Parkway, Jackson, Mississippi 39213.

Comments and materials received will

be available for public inspection, by

appointment, during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT: Mr.

Paul Hartfield at the above address, or

telephone 601/965–4900, Ext. 25.

SUPPLEMENTARY INFORMATION:

Background

The Mobile River Basin (Basin)

historically supported the greatest

diversity of freshwater snail species in

the world (Bogan et al. 1995), including

six genera and over 100 species that

were endemic to the Basin. During the

past few decades, publications in the

scientific literature have primarily dealt

with the apparent decimation of this

fauna following the construction of

dams within the Basin and the

inundation of extensive shoal habitats

by impounded waters (Goodrich 1944,

Athearn 1970, Heard 1970, Stein 1976,

Palmer 1986, Garner 1990).

In 1990, the Service initiated a status

review of the endemic freshwater snails

of the Basin. An extensive literature

survey identified sources of information

on taxonomy, distribution, ecology, and

status of the fauna and was used to

assemble a checklist of the Basin’s

snails and their distributions (Bogan

1992). Field surveys and collections

were made for snails and other

freshwater mollusks throughout the

Basin (Bogan and Pierson, 1993a,b;

McGregor et al. 1996; Service Field

Records, Jackson, Mississippi 1989–

1996; Bogan in litt. 1995; M. Pierson

Field Records, Calera, Alabama, in litt.

1993–1994; J. Garner, Alabama

Department of Conservation, pers.

comm. 1996; J. Johnson, Auburn

University, in litt. 1996).

Bogan et al. (1995) summarized the

results of their efforts noting the

apparent extinction of numerous snail

species in the Coosa and Cahaba River

drainages, and the imperiled state of

many other aquatic snails in the Basin.

The taxonomy used in this proposal

follows Burch (1989), which relies

almost exclusively on shell morphology.

Many of the Basin’s freshwater snail

species, particularly in the family

Pleuroceridae, are known to exhibit

marked clinal variation (gradual change

in characters of a species that manifests

itself along a geographic gradient) in

shell form, some of which has been

described as environmentally induced

(e.g., Goodrich 1934, 1937). Four of the

six species considered in this proposal

belong to the family Pleuroceridae and

their relationships to each other, as well

as to other Pleuroceridae, are poorly

understood. In order to better document

taxonomic relationships among these

snails, a genetic study was conducted

during the status review of a select

group of the Basin’s Pleuroceridae

(Lydeard et al. 1997). The four snails

within this family considered herein

(lacy elimia, round rocksnail, plicate

rocksnail, and painted rocksnail) were

included in the genetic study. This

study supported their current taxonomic

status (Lydeard et al. 1997).

The cylindrical lioplax (Lioplax

cyclostomaformis (Lea 1841)) is a gillbreathing snail in the family

Viviparidae. The shell is elongate,

reaching about 28 millimeters (mm) (1.1

inches (in)) in length. Shell color is light

to dark olivaceous-green externally, and

bluish inside of the aperture (shell

opening). The cylindrical lioplax is

distinguished from other viviparid

snails in the Basin by the number of

whorls, and differences in size,

sculpture, microsculpture, and spire

angle. No other species of lioplax snails

are known to occur in the Mobile Basin

(see Clench and Turner 1955 for a more

detailed description).

Habitat for the cylindrical lioplax is

unusual for the genus, as well as for

other genera of viviparid snails. It lives

in mud under large rocks in rapid

currents over stream and river shoals.

Other lioplax species are usually

found in exposed situations or in mud

or muddy sand along the margins of

rivers. Little is known of the biology or

life history of the cylindrical lioplax. It

is believed to brood its young and filterfeed, as do other members of the

Viviparidae. Life spans have been

reported from 3 to 11 years in various

species of Viviparidae (Heller 1990).

Collection records for the cylindrical

lioplax exist from the Alabama River

(Dallas County, Alabama), Black Warrior

River (Jefferson County, Alabama) and

tributaries (Prairie Creek, Marengo

County, Alabama; Valley Creek,

Jefferson County, Alabama), Coosa River