[Federal Register Volume 59, Number 118 (Tuesday, June 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15026]


[[Page Unknown]]

[Federal Register: June 21, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB73

 

Endangered and Threatened Wildlife and Plants; Extension of the 
Final Decision To List the Mobile River System Population of the 
Alabama Sturgeon as an Endangered Species With Critical Habitat

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of 6 month extension of deadline and 
reopening of the comment period.

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SUMMARY: On June 15, 1993 the U.S. Fish and Wildlife Service (Service) 
proposed to determine endangered status for the Alabama sturgeon 
(Scaphirhynchus suttkusi) under the Endangered Species Act of 1973, as 
amended (Act). The Act requires the Service to make a final 
determination on such proposals within 12 months, but provides for a 6 
month extension if there is substantial disagreement regarding the 
sufficiency or accuracy of the available data relevant to that 
determination. The Service finds that there is such a substantial 
disagreement concerning whether the Alabama sturgeon continues to exist 
and therefore extends the deadline with respect to the decision to list 
the Alabama sturgeon.

DATES: The deadline for final action on the proposal is now December 
15, 1994. The public comment period is reopened until September 15, 
1994.

ADDRESSES: Comments and material should be sent to U.S. Fish and 
Wildlife Service, Asheville Field Office, 330 Ridgefield Court, 
Asheville, North Carolina 28806.

FOR FURTHER INFORMATION CONTACT: Mr. Richard G. Biggins at the above 
Asheville address (704/665-1195, Ext. 228) or Mr. Robert S. Butler, 
U.S. Fish and Wildlife Service, 6620 Southpoint Drive South, Suite 310, 
Jacksonville, Florida 32216 (904/232-2580).

SUPPLEMENTARY INFORMATION:

Background

    This sturgeon, which is endemic to the Mobile River system in 
Alabama and Mississippi and was once widespread in this system, has had 
a significant decline in both population size and range in the Mobile 
River system. The fish may currently exist in only a short, free-
flowing reach of the Alabama River below Claiborne Lock and Dam in 
Clarke and Monroe Counties, Alabama. Primary factors that have likely 
contributed to the sturgeon's decline include dams, altered river 
flows, gravel-mining operations, general habitat degradation from land 
use practices, and, perhaps, overfishing, particularly at the turn of 
the century.
    The Alabama sturgeon, once called the Alabama shovelnose sturgeon, 
or just shovelnose sturgeon, has been recognized since 1976 as a 
distinct, undescribed taxon (Ramsey 1976) that is most similar to the 
shovelnose sturgeon (Scaphirhynchus platorynchus) of the Mississippi 
River system and the Rio Grande. The Alabama sturgeon is a relatively 
small sturgeon; the maximum standard length is about 72 centimeters (28 
inches). It has an elongated, heavily armored, depressed body and an 
attenuated caudal peduncle. The caudal fin has a long filament on the 
upper lobe that is characteristic of the genus. Sexual dimorphism is 
slight. Morphological characteristics of the juvenile Alabama sturgeon 
are unknown. The Alabama sturgeon can generally be distinguished from 
the shovelnose sturgeon of the Mississippi River system. The Alabama 
sturgeon almost always has larger eyes, it has different plate numbers 
posterior to the anal fin, there is a difference in dorsal fin ray 
numbers, and there are three diagnostic characters associated with its 
head armature (Mayden and Kuhajda 1994).
    The Alabama sturgeon is known only from the Mobile River system of 
Alabama and Mississippi. Historically, this sturgeon was found in the 
Mobile, Tensas, Alabama, Tombigbee, Black Warrior, Cahaba, Tallapoosa, 
and Coosa Rivers of the Mobile River system (Burke and Ramsey 1985). 
The only recent confirmed record (since about 1985) of the Alabama 
sturgeon is from the free-flowing portion of the Alabama River below 
Claiborne Lock and Dam.
    The Alabama sturgeon was once common in Alabama. In a statistical 
report to Congress in 1898 (U.S. Commission of Fish and Fisheries 
1898), the total catch of shovelnose sturgeon from Alabama was 19,500 
kilograms (kg) (42,900 pounds (lb)). Of this total, 18,000 kg (39,500 
lb) came from the Alabama River, 1,000 kg (2,300 lb) from the Black 
Warrior River, and 500 kg (1,100 lb) from the Tennessee River. The 
shovelnose sturgeon reported from the Alabama and Black Warrior Rivers 
was the Alabama sturgeon; the sturgeon from the Tennessee River was 
from the Mississippi River system shovelnose sturgeon population. Any 
anonymous article in the Alabama Game and Fish News in 1930 stated that 
the Alabama sturgeon was ``not uncommon.''
    Records of this fish supported by preserved specimens are rare. 
Clemmer (1983) listed 23 specimens in museum collections. In their 
status survey, Burke and Ramsey (1985) captured only five Alabama 
sturgeons. Williams and Clemmer (1991) located another nine specimens 
in addition to those examined by Clemmer (1983), making a total of 32 
specimens in museum, university, and private collections. 
Interestingly, since 1953 there has generally been a 7- to 8-year 
hiatus between representative collections of Alabama sturgeon in 
museums (Mayden and Kuhajda 1994). Verified localities have primarily 
been large channels of big rivers in the Mobile River system. However, 
a couple of Alabama sturgeon records are from oxbow lakes (Williams and 
Clemmer 1991).
    When the proposed rule was published (June 15, 1993; 58 FR 33148-
54), the most recent documented evidence of the Alabama sturgeon's 
continued existence consisted of the capture of five Alabama sturgeons 
in 1985 (Burke and Ramsey 1985); two were gravid females and one was a 
juvenile about 2 years old. Biologists from the Alabama Department of 
Conservation and Natural Resources (ADCNR), with the assistance and 
cooperation of the Corps, have in recent years (1990 and 1992) 
conducted periodic searches for the Alabama sturgeon, utilizing a 
variety of sampling gear, without verifying the presence of a single 
specimen (Tucker and Johnson 1991, 1992). Nevertheless, the gravid 
females and juvenile Alabama sturgeons captured by Burke and Ramsey 
(1985) provided sufficient evidence that reproduction was occurring 
during at least the mid-1980s. Coupled with a high longevity (>20 
years), the likelihood of sturgeon surviving to the present appeared 
quite high at the time of the proposed rule.
    Since the Burke and Ramsey (1985) status survey, there have been 
several anecdotal reports by commercial fishermen that two distant 
sturgeons have been taken from the Mobile River system in portions of 
the Alabama River upstream of Claiborne Lock and Dam. These reports 
presumably refer to the Alabama sturgeon and the Gulf sturgeon 
(Acipenser oxyrinchus desotoi). The Gulf sturgeon can achieve lengths 
up to 2 meters (m) (6.6 feet), is generally more robust, and has 
shorter and deeper caudal peduncles than does the Alabama sturgeon. In 
addition, Gulf sturgeon are anadromous, migrating as adults up rivers 
from the Gulf of Mexico to spawn. (The Gulf sturgeon was listed as 
threatened on September 30, 1991 (56 FR 49658.)
    The service and the ADCNR conducted an extensive sampling program 
in 1993 in an effort to locate the Alabama sturgeon in the Mobile River 
system. On December 2, 1993, a mature male Alabama sturgeon was caught 
live in a gill net by staff of the Service's Panama City, Florida, 
Field Office. The capture site was in the free-flowing portion of the 
Alabama River downstream of Claiborne Lock and Dam, Clarke and Monroe 
Counties, Alabama. This specimen represents the only verified record of 
the Alabama sturgeon in nearly a decade.
    From this chronology of Alabama sturgeon collections, this fish has 
experienced a tremendous decline in both population size and range in 
just 100 years.
    The specific habitat needs of the Alabama sturgeon are largely 
unknown. Members of the genus Scaphirhynchus are freshwater fish 
(Bailey and Cross 1954) that do not make seasonal migrations to and 
from the sea. Shovelnose sturgeons in the Mississippi River system are 
most common in river channels having strong currents over sand, gravel, 
and rock substrates (Trautman 1981, Hurley et al. 1987, Curtis 1990) 
but may occasionally occur over softer sediments (Bailey and Cross 
1954). Habitat selection also appears to be dictated by current 
velocities (Hurley et al. 1987). The shovelnose sturgeon often uses 
habitats associated with channel-training devices (Hurley and Nickum 
1984, Hurley et al. 1987, Curtis 1990), which are water-diversion 
structures (e.g., training dikes, wing walls, and closing dams) used 
for directing currents to maintain channels. The association of the 
shovelnose sturgeon with these habitats may be correlated with higher 
prey item densities and suitable current velocities (Hurley et al. 
1987); high silt loads directly impact many invertebrates that require 
a relatively stable substrate. The Corps provided funds for the Service 
to investigate the possibility that the Alabama sturgeon also uses 
habitats associated with channel-training devices in the Alabama River. 
However, no conclusions were derived from this study as no Alabama 
sturgeons were captured (Corps, in litt., 1993).
    Based upon the limited information available, the Alabama sturgeon 
appears to prefer relatively stable substrates of gravel and sand in 
deeper portions of river channels with swift currents (Burke and Ramsey 
1985). Limited data collected from a radio-collared Alabama sturgeon 
suggested that if frequented swift currents in water 7.5 to 12.0 m (25 
to 40 feet) deep (Burke and Ramsey 1985).
    Sturgeons are thought to swim upstream to spawn (Becker 1983). 
Shovelnose sturgeons, based on telemetry studies conducted during the 
spawning season, were found to migrate limited distances (Hurley et al. 
1987). Spawning habitats for the Alabama sturgeon are generally 
unknown. Spawning shovelnose sturgeon in the Mississippi River system 
generally use hard substrates that may occur in main-channel areas or 
deep-water habitats associated with channel-training devices in major 
rivers or possibly in tributaries (Hurley and Nickum 1984). 
Observations by Burke and Ramsey (1985) suggest that the Alabama 
sturgeon prefers spawning habitat similar to the shovelnose sturgeon in 
the Mississippi River system.
    Currents are required for the development of sturgeons' adhesive 
eggs, which require 5 to 8 days to hatch (Burke and Ramsey 1985). 
Spawning of the shovelnose sturgeon in the Mississippi River system 
apparently occurs from April to July (Moos 1978). The spawning period 
for the sturgeon probably depends upon water temperature and flows 
(Moos 1978), as it does for numerous other fish species. Henry and 
Ruelle (1992) conducted a study of shovelnose sturgeon reproduction in 
the Mississippi River system, concluding that they do not spawn every 
year and that poor body condition may result in the production of fewer 
eggs or infrequent spawning attempts. The reproductive biology of the 
Alabama sturgeon is poorly known. However, given what is known 
concerning the chronology of Alabama sturgeon collections and the 
reproductive biology of other sturgeon species, populations of Alabama 
sturgeon may be cyclical, with peak numbers possibly occurring every 7 
to 8 years (Mayden and Kuhajda 1994).
    Several studies have aged sturgeon of the genus Scaphirhynchus by 
cross-sectioning pectoral fin spines. Helms (1973) aged shovelnose 
sturgeon in the Mississippi River at up to 12 years. Durkee et al. 
(1979) aged shovelnose sturgeon at up to 14 years in the upper 
Mississippi River system. Ages ranged from 8 to 27 years for 288 
shovelnose sturgeon sampled from the Missouri River (Zweiacker 1967). 
However, Zweiacker (1967) could not validate the marks interpreted as 
annuli (Moos 1978). Ruelle and Keenlyne (1993) aged three pallid 
sturgeons at 10, 37, and 41 years. Considering the longevity of this 
genus, the rarity of the Alabama sturgeon, and the several-year hiatus 
that occurs between major year classes, frequent Alabama sturgeon 
encounters should not be expected.
    Burke and Ramsey (1985) conducted stomach analyses of a few Alabama 
sturgeon. They found that aquatic insect larvae were a major dietary 
component, but fish eggs, snails, mussels, and fish were also taken. 
Shovelnose sturgeon, based on a study conducted in the Missouri River, 
are opportunistic feeders (Modde and Schmulbach 1977). Various groups 
of aquatic insect larvae generally comprise their diet (Modde and 
Schmulbach 1977, Durkee et al. 1979).
    The recent capture of a single specimen of the Alabama sturgeon 
afforded scientists the opportunity to obtain fresh tissue samples and 
compare its genetic distinctiveness with other sturgeons. The only 
completed, but unpublished, study comparing the genetics of these two 
sturgeons (Schill and Walker 1994) concluded that the Alabama sturgeon 
and the shovelnose and pallid sturgeons of the Mississippi River system 
were indistinguishable based on estimates of sequence divergence at the 
mitochondrial cytochrome b locus. This result is similar to other 
studies where no cytochrome b differentiation was found among other 
fish species within a genus where the species were based on well 
accepted morphological, behavioral, and other characteristics (Avise 
1994). If the Alabama sturgeon's taxonomy is subsequently revised to 
subspecies or population status and is generally accepted by the 
scientific community, the Alabama sturgeon would still qualify for 
protection under the Act provided that it is not extinct.
    Section 3(15) of the Endangered Species Act of 1973, as amended (16 
U.S.C. 1531-1544), specifically provides for listing species, 
subspecies, and distinct population segments of vertebrate species as 
endangered or threatened species. Although the Service finds that there 
is some disagreement among ichthyologists concerning the Alabama 
sturgeons' taxonomic status, the Service has determined that the 
Alabama sturgeon warrants recognition as a species as defined by the 
Act.
    The Alabama sturgeon was included in Federal Register notices of 
review for candidate animals in 1982, 1985, 1989, and 1991. In the 1982 
notice (47 FR 58454) and in the 1985 notice (50 FR 37958), this fish 
was listed as a category 2 (sufficient information indicates proposing 
to list may be appropriate, but conclusive data are not currently 
available to support a proposed rule). In the 1989 and 1991 notices (54 
FR 554 and 56 FR 58816), the Alabama sturgeon was listed as category 1 
(substantial information supports listing).
    In the June 15, 1993, proposed rule (58 FR 33148) and through 
associated notifications, interested parties were requested to submit 
factual reports and information that might contribute to the 
development of a final rule to list the Alabama sturgeon as endangered 
with critical habitat. The comment period was open until October 13, 
1993. Appropriate Federal and State agencies, county governments, 
scientific organizations, and interested parties were contacted by 
letter dated June 21, 1993; a copy of the proposed rule was enclosed, 
and their comments on the rule were solicited. A total of 34 letters 
were sent. Legal notices were published in the Birmingham News, 
Birmingham, Alabama, on July 25, 1993; the Mobile Press-Register, 
Mobile, Alabama, on July 25, 1993; the Montgomery Advertiser, 
Montgomery, Alabama, on July 24, 1993; and the Clarion Ledger, Hinds 
County, Mississippi, on July 23, 1993. The proposed rule also stated 
that a public hearing would be conducted to answer questions and gather 
additional information on the biology of the Alabama sturgeon and 
discuss issues relating to the proposed listing and critical habitat 
designation.
    The public hearing on the Service's proposal to list the Alabama 
sturgeon as an endangered species with critical habitat was scheduled 
for August 31, 1993, in Mobile, Alabama. The comment period remained 
open until October 13, 1993. A notice of the hearing was published in 
the Federal Register on July 27, 1993 (58 FR 40109), and a legal notice 
was published in the Birmingham News on August 1, 1993. This public 
hearing was subsequently canceled at the request of some members of the 
Alabama Congressional delegation. A cancellation notice was published 
in the Federal Register on August 24, 1993 (58 FR 44643), and legal 
notices were published in the Birmingham News on August 29, 1993; the 
Montgomery Advertiser on August 29, 1993; and the Clarion Ledger on 
August 27, 1993.
    The public hearing on this proposal was rescheduled for October 4, 
1993, at the William K. Weaver Hall Auditorium on the campus of Mobile 
College, Mobile, Alabama. The comment period remained open until 
October 13, 1993. A notice of the hearing and extension of the comment 
period was published in the Federal Register on September 13, 1993 (58 
FR 47851).
    Due to the tremendous interest in this issue, a large number of 
people who came to the October 4, 1993, hearing had to be turned away 
due to space constraints. Although neither the Act nor the 
Administrative Procedure Act (5 U.S.C. 551 et seq.) required that a 
second hearing be held, the Service decided that it was in the best 
interest of all concerned parties that they have an opportunity to 
comment on issues raised by the Alabama sturgeon proposed rule. 
Therefore, an additional public hearing was scheduled in Montgomery, 
Alabama, on November 15, 1993, to allow for additional comments from 
the interested public. A notice of the second hearing, reopening of the 
comment period (from October 25, 1993, to December 8, 1993), and notice 
of availability of a scientific panel report was published in the 
Federal Register on October 25, 1993 (58 FR 55036). Legal notices for 
this second hearing appeared in the Birmingham News on October 26, 
1993; the Mobile Press-Register on October 24, 1993; the Montgomery 
Advertiser on October 29, 1993; and the Clarion Ledger on October 29, 
1993. The scientific panel report was prepared by ichthyologists to 
specifically review three issues: (1) Examine the taxonomy of the 
sturgeon, (2) comment on the likely existence of the fish based on 
available data, and (3) make suggestions as to what information would 
be necessary to conclude that the taxon is likely extinct.
    The November 15, 1993, hearing was canceled in response to a 
preliminary injunction issued on November 9, 1993. The timing of the 
injunction gave the Service insufficient time to publish public hearing 
notices of cancellation in either the Federal Register or area 
newspapers. A second public hearing notice appeared in the Federal 
Register (59 FR 289) dated January 4, 1994. The hearing was scheduled 
for January 13, 1994, and the comment period was extended through 
January 31, 1994. Legal notices for this rescheduled hearing were 
published in the Birmingham News on December 26, 1993; the Mobile 
Press-Register on December 26, 1993; the Montgomery Advertiser on 
December 27, 1993; and the Clarion Ledger on December 28, 1993. As 
outlined in the January 4, 1994, Federal Register notice, the 
preliminary injunction restrained the Service and others from: (1) 
Disseminating the scientific panel report to the public and (2) 
utilizing or relying upon the scientific panel report or any product of 
the experts' deliberations in connection with the decision-making 
process on the proposal to list the Alabama sturgeon and designate its 
critical habitat. The January 4, 1994, notice also referred to another 
court order issued December 22, providing, in most relevant part, as 
follows:
    Federal defendants and defendant-intervener, and those acting in 
active concert with them, are hereby permanently enjoined from 
publishing, employing and relying upon the advisory Committee report . 
. . for any purpose whatsoever, directly or indirectly, in the process 
of determining whether to list the Alabama sturgeon as an endangered 
species.
    In a notice appearing in the Federal Register (59 FR 997) on 
January 7, 1994, the January 13, 1994, public hearing was canceled and 
rescheduled for January 31, 1994, at South Hall #1. Montgomery Civic 
Center, Montgomery, Alabama. The comment period was extended to 
February 15, 1994. Cancellation of the second public hearing was made 
to provide more notice of the hearing to the public. Legal notices for 
the rescheduled public hearing appeared on January 19, 1994, in four 
area newspapers: the Birmingham News, Mobile Press-Register, Montgomery 
Advertiser, and Clarion Ledger. Mention was also made in this notice 
that, in keeping with the court restrictions issued in Alabama-
Tombigbee River Development Coalition (Coalition) v. Fish and Wildlife 
Service, Civ. No. 93-AR-2322-S, the Service considered itself compelled 
to enforce the following constraints on the submission of oral and 
written comments while the court restrictions remained in effect: (1) 
Individuals or organizations could not refer to the scientific report 
or to any drafts or other products derived from the preparation of that 
report in presenting any oral statement or written comment and (2) 
individuals or organizations could not attempt to bolster their oral or 
written comments or opinions by referring to the scientific report as 
authority. Therefore, the Departmental hearing officer at the next 
hearing was authorized to terminate the opportunity to speak of any 
person making a statement if, in the judgment of the hearing officer, 
that person disregarded the instructions not to address the scientific 
report or its contents. Written comments or materials which contained 
information that violated the above restrictions would be marked and 
thereafter excluded from the administrative record while the court 
restrictions remained in effect.
    The Service received several thousand written and oral comments 
associated with the two hearings and the extended comment period 
regarding the proposed listing of the Alabama sturgeon with critical 
habitat. Several hundred individuals and organizations supported the 
listing; however, the vast majority of the respondents did not support 
the listing. The Service agrees that little information exists on the 
species' life history, environmental requirements, or its historic and 
current population levels.
    Section 4(b)(6)(a)(i) of the Act requires the Service to take one 
of three alternative actions within one year of a listing proposal: (1) 
Publish a final regulation listing the species, (2) publish a notice 
that the listing proposal is being withdrawn, or (3) publish a notice 
that the one year time period is being extended under section 
4(b)(6)(a)(i). That section as implemented by 50 CFR 424.17 (a)(1)(iv), 
provides that the Service may extend the one year period for up to 6 
months upon finding that ``there is a substantial disagreement among 
scientists knowledgeable about the species concerned'' on whether to 
list the species. The Service must base its decisions under these 
provisions on the best scientific and commercial data available. The 
Service believes there is substantial disagreement regarding the 
sufficiency of the scientific data relevant to whether the population 
of Alabama sturgeon in the Mobile River system continues to exist.
    Since 1985 there have been two anecdotal reports and the capture of 
one specimen. Biologists from the Alabama Department of Conservation 
and Natural Resources in 1990 and 1992 as well as biologists from the 
U.S. Fish and Wildlife Service have intensively sampled for this fish. 
Sturgeons are long lived animals and additional sampling may result in 
additional collections. However, the fact that only a single specimen 
has been taken during the sampling effort, has led some experts to 
question the extent of any remaining population of the Alabama 
sturgeon.
    Despite the fact that little information exists on the species life 
history, environmental requirements, or its historic and current 
population levels, the Act provides in Section 4(b)(1)(A) that a 
determination to list a species shall be based on the best scientific 
and commercial information on the species status. The Act does not 
require the Service to posses detailed or extensive information on 
these factors to make a listing determination. The Act's information 
standard does require that the best available information must support 
a conclusion that the species meet the Act's definition for threatened 
or endangered species status after consideration of the five factors 
discussed in Section 4(a)(1).
    These disagreements on the sufficiency of the scientific data has 
been found to be substantial. The Service therefore extends until 
December 15, 1994 the period within which to determine whether the 
Alabama sturgeon is an endangered species. The Service solicits 
additional data on the population status of the Alabama sturgeon until 
September 15, 1994.

References Cited

Anonymous, 1930. The sturgeon. Alabama Game and Fish News 
1930(1):13.
Avise, J.C. 1994. Molecular markers, natural history & evolution. 
Chapman & Hall, New York.
Bailey, R.M., and F.B. Cross. 1954. River sturgeons of the American 
genus Scaphirhynchus: characters, distribution, and synonymy. Papers 
of the Michigan Academy of Science, Arts, and Letters. 39:109-208.
Becker, G.C. 1983. Fishes of Wisconsin. The University of Wisconsin 
Press, Madison, WI. 1,053 pp.
Blanchard, P.D. No date [ca. 1994]. Comments on the taxonomic status 
of the Alabama sturgeon. Unpublished report. 33 pp.
Blanchard, P.D., and A.A. Bartolucci. 1994. Comments on the 
statistical analyses employed to describe the Alabama sturgeon as a 
distinct species. Unpublished report. 31 pp.
Burke, J.S., and J.S. Ramsey. 1985. Status survey on the Alabama 
shovelnose sturgeon (Scaphirhynchus sp. cf. platorynchus) in the 
Mobile Bay drainage. Report to U.S. Fish and Wildlife Service, 
Jackson, MS. 61 pp.
Clemmer, G.H. 1983. A status report on the Alabama sturgeon, 
Scaphirhynchus. A report to U.S. Fish and Wildlife Service, 
Washington, DC. 9 pp.
Curtis, G.L. 1990. Habitat use by shovelnose sturgeon in Pool 13, 
upper Mississippi River, Iowa. Master's thesis, Iowa State Univ., 
Ames, IA. 51 pp.
Durkee, P.B. Paulson, and R. Bellig. 1979. Shovelnose sturgeon 
(Scaphirhynchus platorynchus) in the Minnesota River. Journal of the 
Minnesota Academy of Science 45:18-20.
Helms, D. 1973. Progress report on the second year study of 
shovelnose sturgeon in the Mississippi River. Project 2-156-R-2, 
Iowa Conservation Commission, Des Moines, IA.
Henry, C.J., and R. Ruelle. 1992. A study of pallid sturgeon and 
shovelnose sturgeon reproduction. Report by U.S. Fish and Wildlife 
Service, Pierre, SD. 19 pp.
Howell, W.M. 1994. Written comments on behalf of the Alabama-
Tombigbee Rivers Coalition on proposed endangered status and 
designation of critical habitat for the Alabama sturgeon: proposed 
rule. Unpublished report. 33 pp. + appendices.
Hurley, S.T., and J.G. Nickum. 1984. Spawning and early life history 
of shovelnose sturgeon. Project report, Iowa State Univ., Ames, IA. 
40 pp.
Hurley, S.T., W.A. Hubert, and J.G. Nickum. 1987. Habitats and 
movements of shovelnose sturgeons in the upper Mississippi River. 
Transactions of the American Fisheries Society 116:655-662.
Khoroshko. P.N. 1972. The amount of water in the Volga Basin and its 
effect on the reproduction of sturgeons (Acipenseridae) under 
conditions of normal and regulated discharge. Journal of Ichthyology 
12:608-616.
Mayden, R.L., and B.R. Kuhajda. 1994. Reevaluation of the taxonomic, 
systematic, and conservation status of the Alabama sturgeon, 
Scaphirhynchus suttkusi Williams and Clemmer (Actinopterygii, 
Acipenseridae). Unpublished report. 45 pp.
Modde, T., and J.D. Schmulbach. 1977. Food and feeding behavior of 
the shovelnose sturgeon, Scaphirhynchus platorynchus, in the 
unchannelized Missouri River, South Dakota. Transactions of the 
American Fisheries Society 106:602-608.
Moos, R.E. 1978. Movement and reproduction of shovelnose sturgeon, 
Scaphirhynchus platorynchus (Rafinesque), in the Missouri River, 
South Dakota. Ph.D. dissertation, Univ. of South Dakota, Pierre, SD. 
213 pp.
Ramsey, J.S. 1976. Freshwater fishes. Page 55. In: Boschung, H.T. 
(ed.), Endangered and threatened plants and animals of Alabama. 
Bulletin of the Alabama Museum of Natural History No. 2. Univ. of 
Alabama, University, AL.
Ruelle, R., and K.D. Keenlyne. 1993. Contaminants in Missouri River 
pallid sturgeon. U.S. Fish and Wildlife Service report, Pierre, SD. 
11 pp.
Schill, W.B., and R.L. Walker. 1994. Phylogenetic relationships of 
sturgeon inferred from cytochrome b sequences. National Biological 
Survey unpublished report. Kearneysville, WV. 19 pp.
Trautman, M.D. 1981. The fishes of Ohio. 2nd edition. Ohio State 
University Press, Columbus, OH. 782 pp.
Tucker, W.H., and L.A. Johnson. 1991. Survey of the Alabama 
shovelnose sturgeon in the lower Mobile Bay drainage. Final Report, 
Alabama Department of Conservation and National Resources. 
Montgomery, AL. 5 pp.
Tucker, W.H., and L.A. Johnson. 1992. Survey of the Alabama 
shovelnose sturgeon in the lower Mobile Bay drainage. Final Report, 
Alabama Department of Conservation and Natural Resources, 
Montgomery, AL. 5 pp.
U.S. Commission of Fish and Fisheries. 1898. Statistics of the 
fisheries of the interior waters of the United States. A report to 
the 55th Congress, House of Representatives. Pp. 489-497, 531-533.
Veshchev, P.V. 1982. Reproduction of sterlet, Acipenser ruthenus 
(Acipenseridae), in the lower Volga. Journal of Ichthyology 22:40-
47.
Veshchev, P.V., and A.S. Novikova. 1983. Reproduction of the 
stellate sturgeon Acipenser stellatus (Acipenseridae), under 
regulated flow conditions in the Volga River. Journal of Ichthyology 
23:42-51.
Williams, J.D., and G.H. Clemmer. 1991. Scaphirhynchus suttkusi, a 
new sturgeon (Pisces: Acipenseridae) from the Mobile Basin of 
Alabama and Mississippi. Bulletin of the Alabama Museum of Natural 
History 10:17-31.
Zakharyan, G.B. 1972. The natural reproduction of sturgeons in the 
Kura River following its regulation. Journal of Ichthyology 12:249-
258.
Zweiacker, P. 1967. Aspects of the life history of the shovelnose 
sturgeon, Scaphirhynchus platorynchus (Rafinesque), in the Missouri 
River. Master's thesis, Univ. of South Dakota, Vermillion, SD.

(Proposal: Alabama sturgeon (Scaphirhynchus suttkusi)--endangered 
with critical habitat)

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, and Transportation.

    Dated: June 15, 1994.
George T. Frampton, Jr.,
Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 94-15026 Filed 6-20-94; 8:45 am]
BILLING CODE 4310-55-M