[Federal Register Volume 63, Number 182 (Monday, September 21, 1998)]
[Proposed Rules]
[Pages 50187-50191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25105]
[[Page 50187]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 227
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. 980806212-8212-01; I.D. 073098C]
Endangered and Threatened Wildlife and Plants; One-year Finding
for a Petition To List the Atlantic Sturgeon (Acipenser oxyrinchus
oxyrinchus) in the United States as Endangered or Threatened
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce; Fish and Wildlife Service
(FWS), Interior.
ACTION: Notice of 1-year petition finding.
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SUMMARY: NMFS and the FWS (collectively, the Services), under the
Endangered Species Act of 1973, as amended (ESA), announce a 1-year
finding for a petition to add Atlantic sturgeon (Acipenser oxyrinchus
oxyrinchus), in areas where it continues to exist in the United States,
to the list of threatened and endangered wildlife and to designate
critical habitat. After review of all available scientific and
commercial information, the Services find that listing Atlantic
sturgeon in the United States is not warranted at this time.
DATES: This finding becomes effective on September 15, 1998.
ADDRESSES: A complete list of references used in the preparation of
this 12-month finding is contained in the status review, which is
available upon request from the Protected Resources Division, National
Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT: Mary Colligan, NMFS (978-281-9116),
Ray Santos, NMFS (978-281-9103) or Anne Hecht, FWS (978-443-4325).
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(B) of the ESA (16 U.S.C. 1531 et seq.) requires
that for any petition to revise the Lists of Endangered and Threatened
Wildlife and Plants that contains substantial information, a finding be
made within 12 months of the date of receipt of the petition on whether
the petitioned action is (1) not warranted, (2) warranted, or (3)
warranted but precluded from immediate proposal by other pending
proposals. Such 12-month findings are to be published promptly in the
Federal Register.
On June 2, 1997, the Services received a petition dated May 29,
1997, from the Biodiversity Legal Foundation requesting 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 acknowledged NMFS' lead for Atlantic sturgeon under the ESA,
but cited the species' life history and joint FWS/NMFS responsibility
for the species under the Fish and Wildlife Conservation Act to
encourage the Services to work together in reviewing the petition. The
Services agreed that to use each Service's respective expertise in
cooperation would be in the best interest of the species and,
therefore, conducted this review jointly. Threats to the species cited
in the petition include the following: (1) environmental degradation
and habitat loss, especially the presence of dams blocking access to
former spawning habitat, and water pollution; (2) overfishing; and (3)
inadequacy of existing regulatory mechanisms, especially the lack of
Federal requirements to specifically consider Atlantic sturgeon when
authorizing developments and the absence of centralized direction and
funding for research that is essential to identification and arrest of
factors contributing to the species' decline.
On October 17, 1997, the Services published a notice in the Federal
Register of their October 2, 1997, finding that substantial information
existed indicating that the petitioned action may be warranted (62 FR
54018). The Federal Register notice announced initiation of a status
review to determine whether listing of the Atlantic sturgeon in its
North American range, including Atlantic Canada, is warranted. The
Services formed a team, comprising six Federal and three state agency
biologists, to conduct the status review.
In the October 17, 1997, notice (62 FR 54018), the Services
solicited information and data on Atlantic sturgeon to assure a
comprehensive review of all available information. The Services
received information and data from 13 sources. This information
included relevant genetics research and information specific to
Atlantic sturgeon in Rhode Island, Maine, New Hampshire, and
Connecticut. A number of the comments identified the existing
regulatory framework under the Atlantic States Marine Fisheries
Commission (ASMFC) as a more appropriate management mechanism than the
ESA. The Services included this information and data in the status
review.
The Services find that listing Atlantic sturgeon is not warranted
at this time. This finding is based on the following: (1) evidence that
the historic range of the species has not been substantially reduced
and that its current range is not likely to be significantly reduced in
the foreseeable future; (2) persistence of at least 14 spawning
populations; (3) existing prohibitions on harvest and possession in all
15 states comprising the species' U.S. range; (4) detailed evaluation
of current habitat conditions and threats to habitat showing that
conditions are adequate to sustain the species and are likely to remain
so in the foreseeable future; (5) lack of substantial information
indicating that overutilization for commercial, recreational,
scientific or educational purposes is currently significantly affecting
the species; (6) lack of information indicating that disease or
predation are causing significant losses of individuals of the species;
(7) existing regulatory mechanisms which provide adequate protection
and further the conservation of the species (8) lack of information
indicating that artificial propagation is currently posing a threat to
the species.
The petition and finding address the subspecies, Acipenser
oxyrinchus oxyrinchus, one of two subspecies of Atlantic sturgeon. This
subspecies, referenced hereafter in this notice as ``Atlantic
sturgeon,'' is distributed along the eastern coast of North America.
Sightings have been reported from Hamilton Inlet, Labrador, south to
the St. Lucie River, Florida.
Atlantic sturgeon are late-maturing, anadromous fish that may live
up to 60 years, reach lengths up to 14 feet (4.3 m), and weigh over 800
pounds (364 kg). They are distinguished by armor-like plates and a long
snout. Sturgeon are opportunistic benthic feeders, filtering quantities
of mud along with their food. Spawning occurs in flowing fresh or
estuarine waters with a hard bottom. After hatching, juveniles may
remain in fresh/estuarine waters for several years, then head seaward
to grow to maturity and join the sub-adult migration run, which can
reach many miles from their home rivers. Age at maturity increases with
increasing latitude along the Atlantic Coast; sexual maturity for males
ranges from 5 to 24 years, and, for females, from 7 to 30 years.
[[Page 50188]]
The Services' status review addressed the status of the Atlantic
sturgeon population in the U.S., which was the subject of the petition,
but also considered whether there is evidence that U.S. and Canadian
stocks interbreed and whether activities conducted in Canada threaten
Atlantic sturgeon of U.S. origin. Review of currently available
information failed to show that there is an interbreeding population
segment spanning the U.S.-Canadian border or that Canadian fisheries
pose a meaningful threat to U.S. Atlantic sturgeon stocks. Evaluation
of the U.S. Atlantic sturgeon population regarding the Services' Policy
Regarding the Recognition of Distinct Vertebrate Population Segments
Under the Endangered Species Act (61 FR 4722) showed that Atlantic
sturgeon in the U.S. constitute a discrete and significant population
segment and that consideration of its conservation status in
relationship to the ESA's standards for listing is appropriate.
Historically, Atlantic sturgeon populations in the U.S. ranged from
the Penobscot River, Maine, to the St. Johns River, Florida (although
it is unclear whether spawning occurred in the latter river). The
presence of Atlantic sturgeon was documented in 34 rivers; however, the
number of historical spawning populations is unknown. Their range in
the U.S. has contracted slightly, and now extends from the Kennebec
River, Maine (and absence from the Penobscot River has not been
conclusively determined), to the Satilla River, Georgia. Presence is
documented in 32 rivers. Currently, 14 spawning populations are
confirmed, and 5 others are suspected. Thus, current distributional
information is inconsistent with the petitioner's claim, based on a
1996 ASMFC document, that reproducing populations are present in six or
fewer rivers.
Historical records from the 1700s to 1800s document large numbers
of sturgeon in many rivers along the Atlantic Coast. It is clear that
Atlantic sturgeon underwent significant range-wide declines from
historical abundance levels due to overfishing in the late 1800s.
Sturgeon stocks may have been further impacted through environmental
degradation, especially in the early to mid-1900s. However, the species
persisted in many rivers, and populations rebounded to the point where
commercial fisheries were active in many rivers during all or some of
the years from 1962 to 1996. Many of these contemporary fisheries
resulted in overfishing, depressing populations to the point where
management authorities have now closed all directed fisheries and
prohibited retention of bycatch.
Recent quantitative estimates of species abundance and population
trends derive from stock assessments conducted in conjunction with the
now-closed directed fisheries in New York and New Jersey. Although
these assessments show substantial declines in population numbers in
both the Delaware and Hudson River populations, they also document the
presence of multiple year-classes in both systems, as do more
qualitative surveys conducted elsewhere in the species' range,
including the Chesapeake Bay, Cape Fear River, and Edisto River.
The petition and other sources (i.e., ASMFC, 1990, Smith and
Clugston, 1997) have cited habitat loss and degradation as contributors
to the decline of Atlantic sturgeon, but none of these documents
contains a comprehensive analysis of the overall effect of current
habitat conditions on the species. A thorough review of the effects of
three habitat-related factors--dams, dredging, and water quality on
U.S. Atlantic sturgeon populations--demonstrates that, while habitat
alterations have occurred historically and some deleterious conditions
persist, the conclusion that current habitat conditions imperil the
species is unsupported by the available information.
Dams for hydropower generation, flood control, and navigation have
the potential to adversely modify Atlantic sturgeon habitat. However, a
detailed analysis of the locations of dams and the proportion of
historical habitat rendered inaccessible to specific Atlantic sturgeon
populations indicates that dams have had a limited effect on Atlantic
sturgeon populations. Many dams on rivers inhabited by Atlantic
sturgeon are located at the fall line, where natural waterfalls and
rapids limited pre-dam upstream access to all, but occasional,
occurrences of mature Atlantic sturgeon. Of 25 rivers for which current
habitat accessibility can be quantified, only 3 (the Merrimack,
Housatonic, and Susquehanna) currently suffer loss of > 30 percent of
their habitat to dams. Dams impede access to 10-30 percent of habitat
on another three rivers (Kennebec, Penobscot, and Salmon Falls).
Quantitative estimates of habitat accessibility are not available for
the Roanoke, Tar-Pamlico, or Cape Fear rivers, but spawning continues
to occur on these rivers. Qualitative information indicates that a
substantial portion of habitat on the Santee River is blocked by Wilson
Dam. With the exception of Rodman Dam on a tributary of the St. Johns
River (FL), all extant dams in Atlantic sturgeon habitat have been in
place for more than 50 years. Several dams in the historical range of
the Atlantic sturgeon have been removed or are in the process of being
removed. The Services are not aware of any proposals to construct new
dams within current or historical Atlantic sturgeon habitat.
Potential harm to Atlantic sturgeon from dredging includes the
destruction of benthic feeding areas, disruption of spawning
migrations, and deposition of resuspended fine sediments in spawning
habitat. The most serious potential impacts are those that might affect
spawning habitats during the actual spawning season, but a river-by-
river review of dredging activity demonstrates that this potential is
limited to a few specific rivers. No dredging has occurred within
Atlantic sturgeon spawning habitats in 21 rivers during the last 20 to
25 years. Only six rivers with extant spawning populations where
dredging might be on-going within spawning habitat in recent years were
identified, and seasonal restrictions are in place to protect most
sensitive spawning habitats on all but one of these.
While sturgeon are clearly susceptible to a variety of water
quality problems, including changes in water temperature, decreases in
levels of dissolved oxygen, additions in nutrients, and the presence of
a variety of contaminants, available evidence shows that overall water
quality in Atlantic sturgeon habitats is substantially better than it
was through the 1970s and is continuing to improve, especially in the
Northeast and Mid-Atlantic states. While acknowledging residual water
quality issues, the status review noted substantial improvements in
water quality in a number of rivers. Additionally, the Services
examined long-term habitat trends in relation to the populations of the
Atlantic sturgeon. Loss and degradation of habitat, especially the
degradation of water quality that accompanied the rise of industry
along much of the Eastern seaboard in the late 1800s through the 1970s,
clearly contributed to past declines of Atlantic sturgeon populations.
While current habitat conditions are not pristine, overall current
spawning and nursery habitat conditions are substantially better than
those under which this species recovered from collapse of stocks (due
to overharvest) in the late 1800s and persisted during the first half
of the 20th century. Important improvements in habitat quality have
been effected through elimination of point and nonpoint sources of
pollution, seasonal
[[Page 50189]]
restrictions on dredging operations in spawning and nursery habitats,
and (in a few cases) dam removal. Recent increases in populations of
the endangered shortnose sturgeon (Acipenser brevirostrum), which co-
occurs with the Atlantic sturgeon over much of its range and shares
many of its life history characteristics, also testify to the general
capability of riverine sturgeon habitat to facilitate and support
increasing populations of the latter species. Further habitat
improvements could accelerate rebuilding of stocks, however, the
Services conclude that current habitat conditions are above the
threshold at which the Atlantic sturgeon is likely to become endangered
in the foreseeable future throughout all or a significant portion of
its range.
Commercial exploitation was the major cause of the early 20th
century decline in Atlantic sturgeon abundance, as well as the primary
cause of recent downward trends in the Hudson and Delaware River
populations. The life history of Atlantic sturgeon (late age at
maturity) and high commercial value make the species vulnerable to
overexploitation. Many authors (i.e., Smith et al., 1984, Smith and
Clugston, 1997, Waldman and Wirgin, 1998) have cited past
overharvesting by commercial fisheries as the major cause of the
species' current low abundance.
By 1990, six jurisdictions within the Atlantic sturgeon's U.S.
range (Pennsylvania, District of Columbia, Potomac River Fisheries
Commission, Virginia, South Carolina, and Florida) had prohibited
landings. The 1990 ASMFC Fisheries Management Plan (FMP) for Atlantic
Sturgeon required all states to implement (1) a total closure on
harvest, (2) a minimum length on harvestable fish of 7 feet (2.2 m)
total length, or (3) alternative measures that could be submitted to
the ASMFC for determination of conservation equivalency. All
jurisdictions complied with this requirement, and, by 1995, the list of
jurisdictions with total closures had expanded to include Maine, New
Hampshire, Massachusetts, and North Carolina. Two states, New York and
New Jersey that opted for conservation equivalency under the 1990 ASMFC
plan closed their fisheries in 1995 and 1996, respectively (New Jersey
by setting a quota of zero fish). Reported landings from the states
that adopted the 7-foot (2.2-m) minimum (Georgia, Delaware,
Connecticut, Maryland, and Rhode Island) were very low, and all of
those states formally closed their fisheries between 1996 and 1998. The
last state within the species' U.S. range to implement a complete
prohibition on harvest and possession was Delaware, which implemented
regulations on May 1, 1998.
The current ban on harvest of Atlantic sturgeon in all 17
jurisdictions has also been formalized in Amendment 1 to the ASMFC's
Atlantic Sturgeon FMP as a long-term moratorium, enforceable under the
terms of the Atlantic Coastal Fisheries Cooperative Management Act.
This ban requires a complete closure, through prohibition on possession
of Atlantic sturgeon (including any and all parts thereof) that must be
maintained until the FMP is formally modified. The FMP Amendment,
adopted by the ASMFC on June 11, 1998, anticipates that the moratorium
remains in place until there are at least 20 protected age classes of
females in each spawning stock. For the Hudson River population, the
duration of the moratorium is anticipated to be approximately 41 years
from its initiation. The ASMFC ban on harvest and possession includes
any current or future recreational fishing.
In addition to the ban on harvest and possession in all state
jurisdictions, including state waters, the 1998 FMP Amendment contains
a request to the Secretary of Commerce to ban harvest and possession of
Atlantic sturgeon in the exclusive economic zone (EEZ). This would
extend protected waters from the boundary of state waters, 3 miles (1.8
km) from the coast, to the 200-mile (120-km) limit. The Services
support this additional measure of protection for Atlantic sturgeon
stocks in coastal waters, and the NMFS has started preparing the
necessary documents to effect this closure. However, in view of the
fact that any fish taken in the EEZ could not be landed or sold in any
state from Maine to Florida, the Services do not believe that the
current lack of such a closure in the EEZ represents a meaningful
threat to the species and are not relying on its future implementation
in this finding.
Atlantic sturgeon are susceptible to capture in a wide range of
gear types that target other species, particularly gill nets and
trawls. Potential threats from bycatch, including variable effects due
to area, season, and gear types and population/species level impacts
were examined in detail in ASMFC (1998) and in the status review. The
only available assessment of population impacts of bycatch derived for
the Hudson River population, 1991 through 1996, shows bycatch mortality
rates that are well below the threshold likely to preclude population
increases. Bycatch rates (based on first-year recapture reports from
tagged fish) also showed a declining trend over the period for which
data are available. Furthermore, any incentives for retention of
bycatch have been eliminated through the range-wide prohibition on
possession and sale of Atlantic sturgeon.
Several studies indicate that shortnose and Atlantic sturgeon,
sympatric throughout most of their range, generally partition habitat
spatially and demonstrate differences in dietary preferences. Little is
known about natural predators of Atlantic sturgeon, but its bony scutes
and large size are effective adaptations for minimizing predation of
fish 2 or more years old. There is no evidence that current impacts of
predation or competition are above ``natural'' levels.
While Atlantic sturgeon, like all organisms, are susceptible to
disease, there is no evidence that disease currently poses an elevated
or unnatural threat to this species. Although the recent widespread and
devastating outbreaks of the toxic dinoflagellate, Pfiesteria
piscicida, in North Carolina estuaries and in the Chesapeake Bay
affected large numbers of fish, sturgeon were not affected; this may be
attributable to the preference of Atlantic sturgeon for deep waters in
swift currents and/or lack of susceptibility to this disease. In
addition, anadromous species such as Atlantic sturgeon have a buffer
against disease outbreaks that might be more catastrophic for fish
populations that spend their entire life cycles in a single
environment.
The major potential source of disease-related concern for Atlantic
sturgeon is the possible introduction of non-indigenous sturgeon
pathogens through the release to the wild of fish from aquaculture
operations or aquarium fish. However, there are currently no commercial
aquaculture operations for Atlantic sturgeon within the species' U.S.
range, and the ban on possession of the species will preclude
development of any such facilities unless and until an appropriate
addendum to the ASMFC's FMP is adopted. The few public facilities
working on development of propagation techniques maintain strict
disease screening and management procedures. Although there is no
range-wide ban on commercial aquaculture of non-indigenous sturgeons,
no known commercial facilities are currently in existence.
The recently adopted amendment to the ASMFC Atlantic Sturgeon FMP
formalizes a long-term coast-wide prohibition on harvest and possession
of Atlantic sturgeon and any and all parts, including eggs. These
prohibitions are already in effect via state regulations in every
jurisdiction in the species' range. Under the provisions of 1993
amendments to the Atlantic Coastal Fisheries Cooperative Management Act
[[Page 50190]]
(P.L. 81-721), the Secretary of Commerce is empowered to enforce such
mandatory compliance requirements in approved ASMFC plans by declaring
a moratorium on the fishing of the applicable species. Under the terms
of Amendment 1, the moratorium became mandatory on June 30, 1998, and
will remain in place until the FMP is further amended through the
formal procedures of the ASMFC. Even an addendum to the amended FMP
(such as might be proposed to allow possession of imported or cultured
Atlantic sturgeon) would require preparation of a written draft
addendum, distribution to all states for review and comment, a public
hearing in any state that requests one, and a 30-day review period
prior to formal adoption by ASMFC's Sturgeon Management Board.
While the Services believe that the ASMFC moratorium on harvest and
possession of Atlantic sturgeon is the critical component ensuring that
this species is not likely to become endangered within the foreseeable
future throughout all or a significant portion of its range, the FMP
also contains other valuable recommendations for conservation (in its
generic sense, not as defined in the ESA) and restoration of the
species. These include measures for preservation of existing habitat,
habitat restoration and improvement, monitoring and assessment of
future bycatch, monitoring and assessment of stock recovery, and
important protocols for any breeding and stocking activities. The FMP
requires annual reporting from each jurisdiction on results of bycatch
monitoring, monitoring of stock status, habitat protection efforts, and
regulation (or oversight, if regulatory authority does not rest with
the marine resources agency in a particular state) of any future
aquaculture facilities. The ASMFC Sturgeon Management Board, which
includes representatives from both Services, reviews the status of
state compliance with the FMP at least annually.
A wide variety of Federal laws (including, but not limited to, the
Federal Power Act, Fish and Wildlife Coordination Act, Federal Water
Pollution Control Act, Rivers and Harbor Act, and National
Environmental Policy Act), state laws, and local regulations affect
activities with potential to destroy or degrade Atlantic sturgeon
habitat. Although these laws do not require specific consideration of
Atlantic sturgeon during project review and permitting processes,
Atlantic sturgeon have frequently been the focus of such reviews and,
more importantly, the beneficiaries of project modifications or
denials, even in many situations where the species' needs were not
explicitly considered. Atlantic sturgeon are also the indirect
beneficiaries of section 7 ESA requirements for Federal agency
consultation for the endangered shortnose sturgeon, where their ranges
and conservation needs coincide. Habitat improvements since the mid- to
late-1970s is tangible proof of the efficacy of existing Federal,
state, and local laws to protect and conserve Atlantic sturgeon
habitat.
The Services also find that existing authorities provide for
coordination and funding of Atlantic sturgeon research and conservation
efforts. In particular, the 1998 ASMFC Atlantic Sturgeon FMP Amendment
provides a comprehensive blueprint for biologically appropriate
restoration of habitat, monitoring and evaluation of future bycatch,
and safeguards to prevent adverse effects from aquaculture on wild
stocks. Management research needs for Atlantic sturgeon are clearly
identified and partially prioritized in section 6 of the amended FMP.
Existing ASMFC management institutions also furnish review,
coordination, and oversight for this long-term effort, and both
Services are active participants on the Sturgeon Management Board,
Atlantic Sturgeon Technical Committee, and Atlantic Sturgeon Plan
Review Team.
Artificial propagation for use in restoration of extirpated
populations or supplementation of severely depleted populations has the
potential to be both a threat to the species and a tool for recovery.
Potential risks include accidental transmission of disease to wild
stocks and changes in intra-population and inter-population genetic
structure. Disease risks can be avoided and minimized through the
implementation of appropriate protocols, however. These have been
provided through stringent disease screening and certification of all
fish prior to transfer or release to the wild. Genetic risks have been
addressed through the development of a breeding and stocking protocol,
the salient provisions of which have been incorporated into the 1998
ASMFC FMP Amendment. This protocol includes standards for sources of
brood stock, minimum effective population size, stocking numbers,
tagging, monitoring, and reporting. The Services have reviewed this
protocol and find that it provides for minimization of risks and
maximization of potential benefits from artificial propagation for
conservation purposes.
There is currently no known commercial aquaculture activity
involving Atlantic sturgeon within the species' U.S. range.
Furthermore, the current ban on possession of the species in all
jurisdictions precludes establishment of such facilities unless, and
until, an addendum to the 1998 ASMFC FMP Amendment is approved.
Potential risks from such activities include confounding enforcement on
the moratorium on harvest and possession of wild fish and accidental
escapement to the wild with attendant concerns for disease transmission
and/or genetic impacts. Future changes in regulations may be
conditioned to avoid or minimize these risks through the use of
appropriate requirements for marking of aquaculture-produced fish and
record keeping, escapement prevention, and disease controls.
There is currently no commercial aquaculture of non-indigenous
sturgeon in the U.S. Atlantic sturgeon range. Potential risks stem from
escapement to the wild, with attendant concerns for possible
hybridization with Atlantic (and shortnose) sturgeon and transmission
of diseases to which Atlantic sturgeon might be susceptible. In the
event that such activities are proposed and implemented in the future,
these risks may be attenuated through appropriate regulation and
management of facilities. However, these risks do not currently
constitute a threat to Atlantic sturgeon.
The Services have reviewed the petition, status review, available
literature, and public comments and have consulted with scientists and
fishery resource managers familiar with Atlantic sturgeon. After
reviewing the best scientific and commercial information available, the
Services find that the Atlantic sturgeon in the U.S. is not likely to
become endangered within the foreseeable future throughout all or a
significant portion of its range and that listing as threatened or
endangered is not warranted.
References Cited
A complete list of references used in the preparation of the 12-
month finding for the Atlantic sturgeon is contained in the status
review, available upon request from the Northeast Regional Office (see
ADDRESSES section).
Authority
The authority for this section is the ESA of 1973, as amended (16
U.S.C. 1531 et seq.).
[[Page 50191]]
Dated: September 11, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
Dated: September 15, 1998.
Jamie Rappaport Clark,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 98-25105 Filed 9-15-98; 4:48 pm]
BILLING CODE 3510-22-F