2001), just below the Point A Dam (221 rkm (137 rmi) on the Conecuh River support inclusion of critical habitat upstream to the Point A Dam.

Where documented interchanges have occurred, but no telemetry data exist to identify the migratory path used (e.g., between the Pascagoula River and Yellow River, the Pascagoula and Choctawhatchee River, and between Suwanee River and Apalachicola River), we have not proposed a migration route.


Suwannee Sound in Dixie and Levy Counties, Florida, Consultation for Designated Critical Habitat, Federal Actions That May Destroy or Adversely Modify Gulf Sturgeon Critical Habitat, Jurisdictional Responsibilities for the Management of the Gulf Sturgeon, Government-to-Government Relationship With Tribes, https://www.federalregister.gov/d/02-13620, MODS: Government Publishing Office metadata, 1.

2002).

The Apalachicola Bay connects with the Gulf of Mexico through several passes, including Indian Pass, West Pass, East Pass, and Sike's cut, a man-made opening established in the mid 1950s (Odenkirk 1989). Since approval of the recovery plan in 1995 and our 1998 not prudent finding, we have collected new biological information on this species. In accordance with sections 3(5)(A)(i) and 4(b)(1)(A) of the Act and regulations at 50 CFR 424.12, in determining which areas to propose as critical habitat, we are required to base critical habitat determinations on the best scientific data available and to focus on those physical and biological features (primary constituent elements) that are essential to the conservation of the species and that may require special management considerations or Start Printed Page 39115protection.

Water depths at egg collection sites ranged from 1.4 to 7.9 m (4.6 to 26 ft), with temperatures ranging from 18.3 to 22.0 degrees Celsius (°C) (64.9 to 71.6 degrees Fahrenheit (°F)) (Fox et al.

Mason and Clugston (1993) found that subadult and adult Gulf sturgeon collected during June and October do not feed in fresh water. (11) Unit 8: Lake Pontchartrain, Lake St. Catherine, The Rigolets, Little Lake, Lake Borgne, and Mississippi Sound in Jefferson, Orleans, St. Tammany, and St. Bernard Parish, Louisiana, Hancock, Jackson, and Harrison Counties in Mississippi, and in Mobile County, Alabama. Various activities in or adjacent to each of the critical habitat units described in this proposed rule may affect one or more of the primary constituent elements that are found in the unit. Consultation responsibilities were divided, with the FWS performing consultation review for projects impacting the Gulf sturgeon in the riverine and estuarine habitats, and NMFS performing consultation review for projects affecting the species in marine habitats. The Rigolets is a 11.3 km (7 mi) long and about 0.6 km (0.4 mi) wide passage connecting Lake Pontchartrain and Lake Borgne (U.S. Department of Commerce (USDOC) 2002). Limited information exists on the marine diet of the Atlantic sturgeon Acipenser oxyrinchus oxyrinchus.

Unit 1 also includes the Bogue Chitto River main stem, a tributary of the Pearl River, from its confluence with Lazy Creek just upstream of its crossing with Mississippi State Highway 570, Pike County, Mississippi, downstream to its confluence with the West Pearl River, St. Tammany Parish, Louisiana.

Natural depths of 3.7-5.5 m (12 to 18 ft) are found throughout the Sound and a channel 3.7 m (12 ft) deep has been dredged where necessary from Mobile Bay to New Orleans (USDOC 2001). It reflects our interpretation of the recent judicial opinions on critical habitat designation and the standards placed on us for making a prudency determination. Some spawning sites have been conclusively identified; others are presumed due to the presence of suitable habitat.

Although Rogillio et al. However, the state of our knowledge regarding Gulf sturgeon biology and distribution has changed markedly since publication of the recovery plan for this species. The Escambia River and its distributaries (Little White River, Dead River, and Simpson River) empty into Escambia Bay, including Bass Hole Cove, Saultsmar Cove, and Macky Bay. (h) The river reaches within Units 1 to 7 proposed as critical habitat lie within the ordinary high water line. The recovery criteria put forth in this recovery plan were deemed preliminary and may now warrant revision in light of new information. (10) Unit 7: Suwannee River System in Hamilton, Suwannee, Madison, Lafayette, Gilchrist, Levy, Dixie, and Columbia Counties, Florida.

At that time, the FWS gave Category 2 designation to species for which listing as threatened or endangered was possibly appropriate, but for which additional biological information was needed to support a proposed rule. Bottom sediments in Sawmill Pass are primarily silt, while Lake Catherine's bottom is composed of silt and sand (Barett 1971). We are proposing to protect spawning habitats from a catastrophic occurrence by including both the main stem spawning sites and at least one tributary site. 2002; F. Parauka, FWS, pers.

Historic sightings reported from the 1910s and 1920s, and as recently as 1991, have been documented in Escambia County, Alabama, on the Sepulga River (Reynolds 1993). All Apalachicola River distributaries, including the East River, Little St. Marks River, St. Marks River, Franklin County, Florida, to their discharge into East Bay and/or Apalachicola Bay are included.

The Choctawhatchee Bay offers a feeding area for both subadults and adults (FWS 1998, Fox et al.

Assessment of the seasonal usage of the lower Pascagoula River estuary by Gulf sturgeon (cipenser oxyrinchus desotoi). 10.1656/1092-6194(2005)012[0195:ANATFT]2.0.CO;2. PERSISTENT but VUNERABLE • Overfishing • Habitat loss • Catastrophic events • Hurricanes • Contaminate release • Temple-Inland paper mill spill • Oil spill Photo credit: Louisiana Sportsman USFWS Gulf Sturgeon. 2000). 1996). comm. While in rivers, they do not feed because searching for food requires excessive amounts of energy needed for spawning. If requested by the Federal agency and deemed appropriate by us, the conference may be conducted in accordance with the procedures for formal consultation under 50 CFR 402.14. 2000). Respondents may request that we withhold their home address, which we will honor to the extent allowable by law. 1999a). Unit 10 includes the Santa Rosa Sound, bounded on the west by the Florida State Highway 399 bridge in Gulf Breeze, Florida.

The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. Studies of subadult Gulf sturgeon (ages 4 to 7) in Choctawhatchee Bay found that 78 percent of tagged fish remained in the bay the entire winter, while 13 percent ventured into a connecting bay.

If critical habitat is designated for the Gulf sturgeon, other Federal agencies will be required to consult with us on actions they carry out, fund, or authorize, to ensure that their actions will not destroy or adversely modify critical habitat. Telemetry tracking data confirm that subadult and adult Gulf sturgeon leave the river during October and November and enter Suwannee Sound and the nearshore Gulf of Mexico (Carr et al. More recently, on March 22, 2002, two Gulf sturgeon were observed jumping in the area of 29°14′N, 83°18′W, further substantiating the Gulf sturgeon's use of shallow State waters further offshore (> 6 nm (11.1 km) (Harris pers.

The Pearl River and its distributaries flow into The Rigolets, Little Lake, and Lake Borgne, the western extension of Mississippi Sound. Wooley et al. The Mississippi Sound includes adjacent open bays including Pascagoula Bay, Point aux Chenes Bay, Grand Bay, Sandy Bay, and barrier island passes, including Ship Island Pass, Dog Keys Pass, Horn Island Pass, and Petit Bois Pass. Average water temperature of 60 to 72°F (15.5 to 22°C) are also characteristic of rivers sturgeon inhabit (NMFS 2003). While preparing this proposal, the FWS and the COE met several times to discuss and review riverine and estuarine navigation channel maintenance dredging requirements, formal and informal consultation procedures, and the biology of the Gulf sturgeon. Previous telemetry relocation and tracking data collected in 1996 documented Gulf sturgeon using Gulf of Mexico waters as far out as 9 nm (16.7 Start Printed Page 39124km) (Sulak and Clugston 1999, Edwards et al. Unit 10. Adult Gulf sturgeon are more likely to overwinter in the Gulf of Mexico, with 40 percent of the tagged adults presumed to have left Choctawhatchee Bay and spent extended periods of time in the Gulf of Mexico (Fox and Hightower 1998a). The Gulf Sturgeon Recovery/Management Plan (FWS et al.

include documents scheduled for later issues, at the request Fish were relocated on average 1.5 km from shore in two very important foraging and over wintering areas, one of which is not currently protected under the critical habitat designation: Site A located geographically between Pensacola, FL and Gulf Shores, AL and Site B located between Mexico Beach, FL and Panama City Beach, FL.
A critical habitat designation will also assist Federal agencies in planning future actions because it establishes, in advance, those habitats that will be given an additional review in section 7 consultations. 16 U.S.C. Gut content analyses have indicated that the Gulf sturgeon's diet is predominated by amphipods, lancelets, polychaetes, gastropods, shrimp, isopods, molluscs, and crustaceans (Huff 1975, Mason and Clugston 1993, Carr et al.

2001a, Rogillio et al. Federal action on the Gulf sturgeon began in 1982, when the fish was included as a Category 2 candidate species for listing in the FWS's vertebrate notices of review dated December 30, 1982 (47 FR 58454) and September 18, 1985 (50 FR 37958), and in the animal notice of review dated January 6, 1989 (54 FR 554).

Major population limiting factors are thought to include barriers (dams) to historical spawning habitats, loss of habitat, poor water quality, and over fishing. In addition to the telemetry data, Gulf sturgeon sightings are frequently reported around Deer Island and Derrick Key (F. Chapman, UF, pers.