Endangered and Threatened Wildlife and Plants; Proposed Determination of Endangered Status for the Alabama Sturgeon With Critical Habitat; Notice of Comment Period Extension

DEPARTMENT OF THE INTERIOR

50 CFR Part 17

RIN 1018-AB73

Endangered and Threatened Wildlife and Plants; Proposed

Determination of Endangered Status for the Alabama Sturgeon With

Critical Habitat; Notice of Comment Period Extension

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of comment period extension.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposed

endangered status for the Alabama sturgeon (Schphirhynchus suttkusi)

under the Endangered Species Act of 1973, as amended (Act), on June 15,

1993, and extended the deadline for a final decision until December 15,

1994. The present comment period ends September 15, 1994, and is

extended an additional 30 days with this notice. The Service seeks

additional comment on only the scientific point of whether or not this

sturgeon still exists.

DATES: All comments received by October 17, 1994, will be considered in

the final decision.

ADDRESSES: All comments on this proposed rule should be sent to U.S.

Fish and Wildlife Service, Asheville Field Office, 330 Ridgefield

Court, Asheville, North Carolina 28806. The complete administrative

file for this rule is available for inspection, by appointment, during

normal business hours at this office.

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

In the June 15, 1993, Federal Register (58 FR 33148), the Service

proposed a rule to list the Alabama sturgeon as endangered with

critical habitat. Through associated notifications, interested parties

were requested to submit factual reports and information that might

contribute to the development of a final to list the Alabama sturgeon

with critical habitat. There were several public comment periods, the

last of which ended February 15, 1994.

Under Section 4 of the Act (16 U.S.C. 1533), the Fish and Wildlife

Service (Service) has 1 year to finalize a proposed rule to list a

species as endangered or threatened. Section 4(b)(6)(B), as implemented

at 50 CFR 424.17(a)(iv), allows the Service to extend the deadline for

a period of 6 months if there is substantial disagreement among

scientists knowledgeable about the species concerned regarding the

sufficiency or accuracy of the available data relevant to the

determination or revision concerned.

On June 21, 1994 (59 FR 31970), the Service extended the deadline

until December 15, 1994, because of the scientific uncertainty over

whether the sturgeon still exists, and reopened the comment period

until September 15, 1994. In that notice, the Service determined for

the purposes of the Act that Scaphirhynchus suttkusi warrants

recognition as a valid species (59 FR 31972).

In an effort to obtain additional information from the scientific

community on the existence of the sturgeon, the Service further extends

the present comment period until October 17, 1994. This date allows

approximately 8 weeks for Service to compile all new information and

comments, review previous comments, and process the final decision

document before publication by December 12, 1994. Besides this comment

period for additional scientific information, the Service will be

conducting further sampling surveys on portions of the Alabama River

where sturgeon might remain; these will be made through early November

1994 or later as river conditions permit.

Public Comments

The Service is primarily seeking comments presenting scientific

information on the issue of whether the species continues to exist, in

particular, from the scientific community. Comments may also be made as

to what information would be needed to substantiate the extinction of

this species if the commenter believes this is still a question. All

previous comments (orally at public hearings or written) submitted

since June 15, 1993, will be considered in the final decision, which is

due no later than December 15, 1994.

Authority

The authority for this action is the Endangered Species Act of

1973, as amended (16 U.S.C. 1531-1544).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Dated: September 12, 1994.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 94-22973 Filed 9-14-94; 8:45 am]

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