[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]



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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.

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    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

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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

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(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.).


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    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