[Federal Register Volume 66, Number 241 (Friday, December 14, 2001)]
[Proposed Rules]
[Pages 64793-64795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30930]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No. 011130289-1289-01; I.D. 111501C]


Endangered and Threatened Wildlife and Plants: 90-Day Finding for 
a Petition to List North American Green Sturgeon as Threatened or 
Endangered under the Endangered Species Act

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of petition finding; request for information and 
comments.

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SUMMARY: NMFS announces a 90-day finding for a petition to list the 
North American green sturgeon (Acipenser medirostris) as a threatened 
or endangered species and to designate critical habitat under the 
Endangered Species Act (ESA). NMFS finds that the petition presents 
substantial scientific information indicating that the petitioned 
action may be warranted. NMFS will conduct a status review of the green 
sturgeon to determine if the petitioned action is warranted. To ensure 
that the review is comprehensive, NMFS is soliciting information and 
comments pertaining to this species, and seeks suggestions from the 
public for peer reviewers for the agency's review of the petitioned 
action.

DATES: Information and comments on the action must be received by March 
14, 2002.

ADDRESSES: Requests for copies of the petition, and information and 
comments on this action should be submitted to the Assistant Regional 
Administrator, Protected Resources Division, NMFS, 501 West Ocean 
Blvd., Suite 4200, Long Beach, CA 90802-4213. The petition is available 
for public inspection by appointment, Monday through Friday, at the 
same address.

FOR FURTHER INFORMATION CONTACT: Craig Wingert, NMFS, Southwest Region, 
(562) 980-4021 or David O'Brien, NMFS, Office of Protected Resources, 
(301) 713-1401.

SUPPLEMENTARY INFORMATION:

Background

    Section 4 (b)(3)(A) of the ESA (16 U.S.C. 1531 et seq.) requires 
that NMFS make a finding as to 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. 
NMFS' ESA implementing regulations (50 CFR 424.14) define ``substantial 
information'' as the amount of information that would lead a reasonable 
person to believe that the measure proposed in the petition may be 
warranted. In determining whether substantial information exists for a 
petition to list a species, NMFS takes into account several factors, 
including information submitted with and referenced in the petition and 
all other information readily available in NMFS files. 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 NMFS finds that a petition presents 
substantial information indicating that the requested action may be 
warranted, section 4 (b)(3)(B) of the ESA requires the Secretary of 
Commerce (Secretary) to conduct a status review of the species and make 
a finding as to whether the petitioned action is warranted within 1 
year of the receipt of the petition.

Analysis of Petition

    On June 12, 2001, NMFS received a petition from the Environmental 
Protection Information Center, Center for Biological Diversity, and 
Waterkeepers Northern California regarding the North American green 
sturgeon. The petition requested that NMFS list the North American 
green sturgeon as either an endangered or threatened species under the 
ESA, and that it designate critical habitat for the species 
concurrently with any listing determination.
    The green sturgeon is a large, anadromous fish. In North America, 
the green sturgeon ranges from Alaska to

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Mexico in marine waters and forages in estuaries and bays ranging from 
San Francisco Bay to British Columbia. The green sturgeon is recognized 
as a single species, but until recently, geographic variation in the 
species that could indicate the presence of subspecies or distinct 
populations had received little attention. Although Russian and Asian 
forms of the green sturgeon are morphologically similar to the North 
American form, Moyle et al. (1992) indicated the Russian and Asian 
forms likely belong to a different taxon. Birstein (1993), among 
others, recently demonstrated genetic differences between the Asian and 
North American forms, suggesting they are two distinct species. The 
green sturgeon has been aged to 42 years old, but this is probably an 
underestimate and ages of 60 to 70 are more likely. Males mature 
sexually sometime after they reach 120 cm, or approximately 17 years 
old. Females mature after attaining 145 cm, or approximately 21 years 
old and may return to spawn every 3 to 7 years. Males spawn more 
frequently.
    Sturgeon species worldwide have experienced population declines 
because they are a long-lived, late-maturing species that have low 
fecundity and spawn only periodically, a combination of traits that 
makes them particularly susceptible to over-fishing and habitat 
degradation (Musick, 1999). Spawning green sturgeon are highly 
vulnerable to over-fishing because they tend to hold in deep, cold 
pools in rivers, thus concentrating the spawning population. In a 
recent review paper, Musick et al. (2000) cited evidence that green 
sturgeon populations have declined by 88 percent throughout much of its 
range, and there appears to have been recent declines in green sturgeon 
in the Umpqua River in Oregon and the Fraser River in Canada. Each of 
the known or suspected spawning populations of green sturgeon presently 
contain at most a few hundred mature females (Musick et al., 2000).
    The current spawning range of green sturgeon in North America has 
contracted from its historic range, and they now spawn in only a 
limited number of large river systems. Green sturgeon historically 
spawned in the Eel, the South Fork Trinity, and the San Joaquin Rivers 
in California, but apparently no spawning occurs there currently. The 
only known remaining spawning populations of the North American green 
sturgeon are in the Sacramento and Klamath River basins in California, 
with more spawning apparently occurring in the Klamath River basin. It 
is also possible that spawning occurs in the Rogue River in Oregon 
since running-ripe adults and young of the year have been observed in 
the Rogue River, but exact spawning locations have not been confirmed. 
The contraction in spawning range, and the reduction in the number and 
size of green sturgeon spawning populations, could represent a 
significant reduction in the spawning area and potential for the 
species. Since North American green sturgeon spawning is limited to low 
numbers of spawners in a very few rivers, they are vulnerable to local 
changes in flow and temperature resulting from water diversions, 
increased sedimentation, entrainment in pumping facilities, and 
contaminant loading.
    The green sturgeon in North America may face ongoing threats from 
the loss and/or degradation of habitat, particularly in those river 
systems where they are known or thought to spawn (e.g. Klamath and 
Sacramento River basins), and impacts to the species from harvest in 
sport fisheries or as bycatch in other fisheries (e.g. white sturgeon 
fishery). Specific concerns regarding habitat loss and degradation 
cited by the petitioners include the construction of dams and operation 
of large scale water projects in the Sacramento and Klamath Rivers and 
other coastal systems, and logging agriculture, mining, road 
construction and urban development in coastal watersheds. Some 
fisheries that occur in coastal Washington and the Columbia River that 
target white sturgeon or salmon take green sturgeon as bycatch. Some of 
this bycatch is in areas where green sturgeon spawning does not occur, 
suggesting that green sturgeon harvest in some areas is supported by 
the limited number of known spawning populations (e.g., Klamath and 
Sacramento River basins).

Petition Finding

    Given documented declines in abundance and contraction of spawning 
range, and the possibility of ongoing threats, NMFS has determined that 
the petition presents substantial information that listing green 
sturgeon in North America under the ESA may be warranted. Accordingly, 
NMFS will initiate a status review of the North American green 
sturgeon. In accordance with section 4 (b)(3)(B) of the ESA, the 
Secretary will make his determination whether the petitioned action is 
warranted within 12 months from the date the petition was received 
(June 12, 2001) following completion of an ESA status review.

Listing Factors and Basis for Determination

    Under section 4 (a)(1) of the ESA, a species may be determined to 
be threatened or endangered based on any of the following factors: (1) 
The present or threatened destruction, modification, or curtailment of 
its 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 continuing existence. Listing 
determinations are based solely on the best available scientific and 
commercial data after taking into account any efforts being made by any 
state or foreign nation to protect the species.

Information Solicited

    To ensure that North American green sturgeon status review is 
complete and is based on the best available scientific and commercial 
data, NMFS is soliciting information and comments on this species. NMFS 
specifically requests the following information: (1) Biological or 
other relevant data that may help identify distinct population segments 
of this species (e.g., age structure, genetics, migratory patterns, 
morphology); (2) the range, distribution, habitat use and abundance of 
this species, including information on the spawning populations of the 
species; (3) current or planned activities and their possible impact on 
this species (e.g., harvest impacts, habitat impacting activities or 
actions); (4) efforts being made to protect this species in California, 
Oregon, Washington and Canada.

Critical Habitat

    NMFS is also requesting information on areas that may qualify for 
critical habitat for the North American green sturgeon. Areas that 
include the physical and biological features essential to the 
conservation of the species should be identified. Essential features 
include, but are not limited to: (1) space for individual and 
population growth and for normal behavior; (2) food, water, air, light, 
minerals, or other nutritional or physiological requirements; (3) cover 
or shelter; (4) sites for reproduction and development of offspring; 
and (5) habitats that are protected from disturbance or are 
representative of the historical, geographical and ecological 
distributions of the species (50 CFR 424.12).
    For areas potentially qualifying as critical habitat, NMFS requests 
information describing (1) the activities

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that affect the areas or could be affected by the designation, and (2) 
the economic costs and benefits of additional requirements of 
management measures likely to result from the designation.

Peer Review

    On July 1, 1994, NMFS, jointly with the U.S. Fish and Wildlife 
Service, published a series of policies regarding listings under the 
ESA, including a policy for peer review of scientific data (59 FR 
34270). The intent of the peer review policy is to ensure that listings 
are based on the best scientific and commercial data available. NMFS is 
soliciting the names of recognized experts in the field that could take 
part in the peer review process for this status review. Independent 
peer reviewers will be selected from the academic and scientific 
community, tribal and other Native American groups, Federal and state 
agencies, the private sector, and public interest groups.

References Cited

    Birstein, V.J. 1993. Is Acipencer medirostris one or two species? 
The Sturgeon Quarterly 1(2):8 (1993).
    Moyle, P.B., P.J. Foley and R.M. Yoshiyama. 1992. Status of green 
sturgeon, Acipencer medirostris, in California. Final Report submitted 
to National Marine Fisheries Service, Terminal Island, CA.
    Musick, J.A., M.M. Harbin, S.A. Berkeley, G.H. Burgess, A.M. 
Eklund, L. Findley, R.G. Gilmore, J.T. Golden, D.S. Ha, G.R. Huntsman, 
J.C. McGovern, S.J. Parker, S.G. Poss, E. Sala, T.W. Schmidt, G.R. 
Sedberry, H. Weeks, and S.G. Wright. 2000. Marine, Estuarine, and 
Diadromous Fish Stocks at Risk of Extinction in North America 
(Exclusive of Pacific Salmonids). Fisheries 25(11): 6-30.

    Authority: 16 U.S.C. 1531 et seq.

    Dated: December 10, 2001.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-30930 Filed 12-13-01; 8:45 am]
BILLING CODE 3510-22-S