[Federal Register Volume 60, Number 4 (Friday, January 6, 1995)]
[Proposed Rules]
[Pages 2070-2071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-275]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 122294A]

50 CFR Part 227


Listing Endangered and Threatened Species; Shortnose Sturgeon in 
the Kennebec River System (Maine)

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

ACTION: Notice of petition finding, initiation of status review; 
request for comments.

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SUMMARY: NMFS finds that a petition to remove the shortnose sturgeon 
(Acipenser brevirostrum) population in the Kennebec River system 
(Androscoggin, Kennebec and Sheepscot Rivers) from the Endangered 
Species List presents substantial information indicating that the 
requested action may be warranted. Therefore, NMFS is initiating a 
status review on the stock to determine if delisting is warranted. To 
ensure that this status review is complete, NMFS is soliciting 
information and data regarding the petitioned stock of shortnose 
sturgeon.

DATES: Comments and information must be received by March 7, 1995.

ADDRESSES: Copies of the petition are available from, and information 
should be submitted to, Chief, Habitat and Protected Resources 
Division, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298.

FOR FURTHER INFORMATION CONTACT: Nancy Haley, NMFS, Northeast Region 
(413-253-8616); Douglas W. Beach, NMFS, Northeast Region (508-281-
9254); or Margaret Lorenz, NMFS, Office of Protected Resources (301-
713-1401).

[[Page 2071]] SUPPLEMENTARY INFORMATION:

Background

    Section 4 of the Endangered Species Act (ESA) allows interested 
persons to petition the Secretary of Commerce or the Secretary of 
Interior to add, remove or reclassify a species on the List of 
Endangered and Threatened Wildlife and to designate critical habitat. 
To the maximum extent practicable, the Secretary must make a finding 
within 90 days after receiving the petition on whether it presents 
substantial scientific or commercial information to indicate that the 
petitioned action may be warranted. A final decision on the petitioned 
action must be made within one year of receipt of the petition.

Petition Received

    On September 19, 1994, NMFS received a petition from the Edwards 
Manufacturing Company, Inc. to delist the shortnose sturgeon population 
in the Kennebec River system in Kennebec, Sagadahoc and Lincoln 
Counties, Maine. In support of their requested action, the petitioners 
cite research conducted on the Kennebec River system population over 
the last two decades and an initial population estimate averaging 
10,000 adult shortnose sturgeon. Additionally, density data (shortnose 
sturgeon per hectare) reported from six river populations, including 
the Kennebec River system, is used to infer that the Kennebec River 
system is supporting a shortnose sturgeon population near carrying 
capacity.
    Further, the petitioners reference a NMFS 1987 Status Review that 
states that the Kennebec River shortnose sturgeon population is no 
longer in danger of extinction and recommends that the population be 
removed from the list of threatened and endangered species under the 
ESA. This recommendation was based on the best information available at 
that time, and considered all of the listing/delisting factors 
specified in the ESA.
    Using the best available information, NMFS will assess the status 
of the shortnose sturgeon throughout its range, including the Kennebec 
River system. In making a final determination on whether the petitioned 
action is warranted, NMFS will consult the shortnose sturgeon recovery 
team and other sturgeon biology and population dynamics experts and 
will verify the findings and recommendations contained in this petition 
and the NMFS 1987 status review.

Information Solicited

    To ensure that the review is complete and based on the best 
available scientific and commercial data, NMFS is soliciting from any 
interested person information concerning the status of shortnose 
sturgeon in the Kennebec River system. Data, information and comments 
should include (1) supporting documentation such as sighting dates and 
locations (preferably accompanied by maps) and (2) the commentors name, 
address, and association, institution, or business.

    Dated: December 29, 1994.
Ann D. Terbush,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 95-275 Filed 1-5-95; 8:45 am]
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