00-564. Endangered and Threatened Wildlife and Plants; Notice of Reopening of Comment Period on the Proposed Rule To List the Alabama Sturgeon as Endangered  

  • [Federal Register Volume 65, Number 7 (Tuesday, January 11, 2000)]
    [Proposed Rules]
    [Pages 1583-1584]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 00-564]
    
    
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    DEPARTMENT OF THE INTERIOR
    
    Fish and Wildlife Service
    
    50 CFR Part 17
    
    RIN 1018-AF56
    
    
    Endangered and Threatened Wildlife and Plants; Notice of 
    Reopening of Comment Period on the Proposed Rule To List the Alabama 
    Sturgeon as Endangered
    
    AGENCY: Fish and Wildlife Service, Interior.
    
    ACTION: Proposed rule; notice of reopening of comment period.
    
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    SUMMARY: We, the Fish and Wildlife Service, give notice that we are 
    reopening the comment period on the proposed rule to list the Alabama 
    sturgeon (Scaphirhynchus suttkusi) as endangered. We are reopening the 
    comment period to enter into the record Dr. Stephen Fain's 1999 study, 
    The Development of a DNA Procedure for the Forensic Identification of 
    Caviar, and any comments we receive related specifically to the 
    relationship of this study, as it pertains to the proposed listing of 
    the Alabama sturgeon as endangered. We invite all interested parties to 
    submit comments on this study as it relates to the proposed 
    determination.
    
    DATES: We will accept comments until February 10, 2000. We will 
    consider any comments received by the closing date in the final 
    decision on this proposal.
    
    ADDRESSES: If you wish to comment, you may submit your comments by any 
    one of several methods. You may mail or hand-deliver comments to the 
    Field Supervisor, U.S. Fish and Wildlife Service, Mississippi Field 
    Office, 6578 Dogwood View Parkway, Jackson, Mississippi 39213. You may 
    also comment via the Internet to paul_hartfield@fws.gov. See 
    Supplementary Information for comment procedures.
    
        To obtain a copy of the aforementioned study, you can download or 
    print one from http://endangered.fws.gov/listing/index.htm (under 
    Announcements) or contact Kelly Bibb at 404/679-7132 (phone) or 404/
    679-7081 (facsimile) to receive a faxed or mailed copy.
    
    FOR FURTHER INFORMATION CONTACT: Paul Hartfield (see ADDRESSES 
    section), 601/321-1125; facsimile 601/965-4340.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The Alabama sturgeon is a small freshwater sturgeon that was 
    historically found only in the Mobile River Basin of Alabama and 
    Mississippi. The Alabama sturgeon's historic range once included about 
    1,600 kilometers (km) (1,000 miles (mi)) of the Mobile River system in 
    Alabama (Black Warrior, Tombigbee, Alabama, Coosa, Tallapoosa, Mobile, 
    Tensaw, and Cahaba rivers) and Mississippi (Tombigbee River). Since 
    1985, all confirmed captures of this fish have been from a short, free-
    flowing reach of the Alabama River below Miller's Ferry and Claiborne 
    Locks and Dams in Clarke, Monroe, and Wilcox counties, Alabama. The 
    decline of the Alabama sturgeon is attributed to over-fishing, loss and 
    fragmentation of habitat as a result of historical navigation-related 
    development, and water quality degradation. Current threats primarily 
    result from its small population numbers and its inability to offset 
    mortality rates with reproduction and recruitment.
        On March 26, 1999, we published a rule proposing endangered status 
    for the
    
    [[Page 1584]]
    
    Alabama sturgeon in the Federal Register (64 FR 14676). Section 
    4(b)(5)(E) of the Act (16 U.S.C. 1531 et seq.) requires that we hold a 
    public hearing if it is requested within 45 days of the publication of 
    the proposed rule. Sheldon Morgan, Chairman, Alabama-Tombigbee Rivers 
    Coalition, requested a public hearing within the allotted time period. 
    On May 25, 1999, we published a notice in the Federal Register 
    announcing a public hearing and extending the comment period until July 
    5, 1999 (64 FR 28142). We held a public hearing on June 24, 1999, at 
    the Montgomery Civic Center in Montgomery, Alabama. We published 
    another extension of the comment period on July 12, 1999 (64 FR 37492). 
    While the proposed rule was out for comment, we received a wide range 
    of comments on numerous issues which will be addressed in our final 
    determination. The purpose of reopening the comment period through 
    February 10, 2000, is to enter into the record Dr. Stephen Fain's 1999 
    study, The Development of a DNA Procedure for the Forensic 
    Identification of Caviar, and any comments we receive that address the 
    relationship of this study to the proposed listing of the Alabama 
    sturgeon as endangered.
    
    Public Comments Solicited
    
        We intend that any final action resulting from this proposal will 
    be as accurate and as effective as possible. Therefore, we request 
    comments or suggestions from the public, other concerned governmental 
    agencies, the scientific community, industry, or any other interested 
    party concerning this study and its relation to the proposed rule. In 
    making a final decision, we will take into consideration the comments 
    we receive and their relationship to the proposed action. Such 
    communications may lead to a final determination that differs from this 
    proposal.
        The previous comment period on this proposal closed on September 
    10, 1999. To allow all interested parties time to submit their comments 
    for the record, we are reopening the comment period until February 10, 
    2000.
        Please submit Internet comments as an ASCII file, avoiding the use 
    of special characters and any form of encryption. Please also include 
    ``Attention: [Alabama sturgeon]'' and your name and return address in 
    your Internet message. If you do not receive a confirmation from the 
    system that we have received your Internet message, contact us directly 
    at the above address or by telephone at 601/965-4900. Finally, you may 
    hand-deliver comments to the above address. Our practice is to make 
    comments, including names and home addresses of respondents, available 
    for public review during regular business hours. Individual respondents 
    may request that we withhold their home address from the rulemaking 
    record, which we will honor to the extent allowable by law. There also 
    may be circumstances in which we would withhold from the rulemaking 
    record a respondent's identity, as allowable by law. If you wish us to 
    withhold your name and/or address, you must state this prominently at 
    the beginning of your comment. However, we will not consider anonymous 
    comments. We will make all submissions from organizations or 
    businesses, and from individuals identifying themselves as 
    representatives or officials or organizations or businesses, available 
    for public inspection in their entirety. Comments and materials 
    received will be available for public inspection, by appointment, 
    during normal business hours at the above address.
    
    References Cited
    
    Fain, S.R., J.P. Lemay, J. Shafer, R.M. Hoesch, and B.H. Hamlin. 1999. 
    Unpublished report. National Fish and Wildlife Forensics Laboratory, 
    Ashland, OR. 23 pp. with figures.
    
    Author
    
        The primary author of this notice is Paul Hartfield (see ADDRESSES 
    section).
    
    Authority
    
        The authority for this action is the Endangered Species Act of 1973 
    (16 U.S.C. 1531 et seq.).
    
        Dated: January 4, 2000.
    H. Dale Hall,
    Acting Regional Director, Fish and Wildlife Service.
    [FR Doc. 00-564 Filed 1-10-00; 8:45 am]
    BILLING CODE 4310-55-P
    
    
    

Document Information

Published:
01/11/2000
Department:
Fish and Wildlife Service
Entry Type:
Proposed Rule
Action:
Proposed rule; notice of reopening of comment period.
Document Number:
00-564
Dates:
We will accept comments until February 10, 2000. We will consider any comments received by the closing date in the final decision on this proposal.
Pages:
1583-1584 (2 pages)
RINs:
1018-AF56: Endangered and Threatened Wildlife and Plants; Alabama Sturgeon
RIN Links:
https://www.federalregister.gov/regulations/1018-AF56/endangered-and-threatened-wildlife-and-plants-alabama-sturgeon
PDF File:
00-564.pdf
CFR: (1)
50 CFR 17