Comment from James Whitty, Citizen

The final listing designation in 50 CFR part 223.102 indicates clearly that the southern DPS of Green Sturgeon is listed only in the California portion of its range. The exact quote from the Federal Register notice of the final listing says, in the column labelled "Where Listed": "USA, CA. The southern DPS includes all spawning populations of green sturgeon south of the Eel River (exclusive), principally including the Sacramento River green sturgeon spawning population." Note that this listing does not state that the DPS is afforded the protections of the ESA in any other portion of its range, including the states of Oregon and Washington. It is clear from a careful reading of the proposed and final rules listing the DPS that southern DPS green sturgeon move into the range of northern DPS (and unlisted) sturgeon in the states of Oregon and Washington, but the Service failed to apply listed status to these southern DPS fish when they enter northern DPS range outside of the state of California. As a result, the proposal to designate critical habitat for southern DPS green sturgeon in an area where they are not listed is counter to the intent of the ESA and the listing regulations. If areas in the states of Oregon and Washington are "essential to the conservation" of the DPS, then the species should surely be listed when in these areas. We can only assume that NMFS deliberatly did not apply the listed status to the species north of the California/Oregon border; so, too, NMFS should not consider designation of critical habitat in these areas, and Oregon and Washington rivers and marine waters should not be included within the final designation.