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

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

reparation 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

geon 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

e 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.

ith 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.

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

4 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

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)

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

s

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

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

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

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

risdictions 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

EZ 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

turgeon, 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

ct

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

(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

hat 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

een 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

r 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

cerns 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.).

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]

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