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

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