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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 122294A]

50 CFR Part 227

Listing Endangered and Threatened Species; Shortnose Sturgeon in

the Kennebec River System (Maine)

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of petition finding, initiation of status review;

request for comments.

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SUMMARY: NMFS finds that a petition to remove the shortnose sturgeon

(Acipenser brevirostrum) population in the Kennebec River system

(Androscoggin, Kennebec and Sheepscot Rivers) from the Endangered

Species List presents substantial information indicating that the

requested action may be warranted. Therefore, NMFS is initiating a

status review on the stock to determine if delisting is warranted. To

ensure that this status review is complete, NMFS is soliciting

information and data regarding the petitioned stock of shortnose

sturgeon.

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

ADDRESSES: Copies of the petition are available from, and information

should be submitted to, Chief, Habitat and Protected Resources

Division, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298.

FOR FURTHER INFORMATION CONTACT: Nancy Haley, NMFS, Northeast Region

(413-253-8616); Douglas W. Beach, NMFS, Northeast Region (508-281-

9254); or Margaret Lorenz, NMFS, Office of Protected Resources (301-

713-1401).

SUPPLEMENTARY INFORMATION:

Background

Section 4 of the Endangered Species Act (ESA) allows interested

persons to petition the Secretary of Commerce or the Secretary of

Interior to add, remove or reclassify a species on the List of

Endangered and Threatened Wildlife and to designate critical habitat.

To the maximum extent practicable, the Secretary must make a finding

within 90 days after receiving the petition on whether it presents

substantial scientific or commercial information to indicate that the

petitioned action may be warranted. A final decision on the petitioned

action must be made within one year of receipt of the petition.

Petition Received

On September 19, 1994, NMFS received a petition from the Edwards

Manufacturing Company, Inc. to delist the shortnose sturgeon population

in the Kennebec River system in Kennebec, Sagadahoc and Lincoln

Counties, Maine. In support of their requested action, the petitioners

cite research conducted on the Kennebec River system population over

the last two decades and an initial population estimate averaging

10,000 adult shortnose sturgeon. Additionally, density data (shortnose

sturgeon per hectare) reported from six river populations, including

the Kennebec River system, is used to infer that the Kennebec River

system is supporting a shortnose sturgeon population near carrying

capacity.

Further, the petitioners reference a NMFS 1987 Status Review that

states that the Kennebec River shortnose sturgeon population is no

longer in danger of extinction and recommends that the population be

removed from the list of threatened and endangered species under the

ESA. This recommendation was based on the best information available at

that time, and considered all of the listing/delisting factors

specified in the ESA.

Using the best available information, NMFS will assess the status

of the shortnose sturgeon throughout its range, including the Kennebec

River system. In making a final determination on whether the petitioned

action is warranted, NMFS will consult the shortnose sturgeon recovery

team and other sturgeon biology and population dynamics experts and

will verify the findings and recommendations contained in this petition

and the NMFS 1987 status review.

Information Solicited

To ensure that the review is complete and based on the best

available scientific and commercial data, NMFS is soliciting from any

interested person information concerning the status of shortnose

sturgeon in the Kennebec River system. Data, information and comments

should include (1) supporting documentation such as sighting dates and

locations (preferably accompanied by maps) and (2) the commentors name,

address, and association, institution, or business.

Dated: December 29, 1994.

Ann D. Terbush,

Acting Director, Office of Protected Resources, National Marine

Fisheries Service.

[FR Doc. 95-275 Filed 1-5-95; 8:45 am]

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