[Federal Register Volume 89, Number 79 (Tuesday, April 23, 2024)]
[Proposed Rules]
[Pages 30311-30314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08567]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R3-ES-2024-0022; FXES11110900000-245-FF09E21000]
Endangered and Threatened Wildlife and Plants; 12-Month Finding
for Lake Sturgeon
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of petition finding.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
12-month finding on a petition to list the lake sturgeon (Acipenser
fulvescens) as an endangered or threatened species under the Endangered
Species Act of 1973, as amended (Act). After a thorough review of the
best available scientific and commercial information, we find that
listing the lake sturgeon as an endangered or threatened species is not
warranted at this time. However, we ask the public to submit to us at
any time any new information relevant to the status of the lake
sturgeon or its habitat.
DATES: The finding in this document was made April 23, 2024.
ADDRESSES: A detailed description of the basis for this finding is
available on the internet at https://www.regulations.gov under Docket
No. FWS-R3-ES-2024-0022. Supporting information used to prepare this
finding is available by contacting the person listed under FOR FURTHER
INFORMATION CONTACT. Please submit any new information, materials,
comments, or questions concerning this finding to the person listed
under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Barbara Hosler, Regional Listing
Coordinator, Midwest Regional Office, 517-351-6326,
[email protected]. Individuals in the United States who are deaf,
deafblind, hard of hearing, or have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access telecommunications relay services.
Individuals outside the United States should use the relay services
offered within their country to make international calls to the point-
of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Background
Under section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.), we
are required to make a finding on whether or not a petitioned action is
warranted within 12 months after receiving any petition that we have
determined contains substantial scientific or commercial information
indicating that the petitioned action may be warranted (``12-month
finding''). We must make a finding that the petitioned action is: (1)
Not warranted; (2) warranted; or (3) warranted, but precluded by other
listing activity. We must publish a notification of the 12-month
finding in the Federal Register.
Summary of Information Pertaining to the Five Factors
Section 4 of the Act (16 U.S.C. 1533) and the implementing
regulations at part 424 of title 50 of the Code of Federal Regulations
(50 CFR part 424) set forth procedures for adding species to, removing
species from, or reclassifying species on the Lists of Endangered and
Threatened Wildlife and Plants (Lists). The Act defines ``species'' as
including any subspecies of fish or wildlife or plants, and any
distinct population segment of any species of vertebrate fish or
wildlife which interbreeds when mature. The Act defines ``endangered
species'' as any species that is in danger of extinction throughout all
or a significant portion of its range (16 U.S.C. 1532(6)), and
``threatened species'' as any species that is likely to become an
endangered species within the foreseeable future throughout all or a
significant portion of its range (16 U.S.C. 1532(20)). Under section
4(a)(1) of the Act, a species may be determined to be an endangered
species or a threatened species because of any of the following five
factors:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects.
We use the term ``threat'' to refer in general to actions or
conditions that are known to or are reasonably likely to negatively
affect individuals of a species. The term ``threat'' includes actions
or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition or the action or condition itself. However, the mere
identification of any threat(s) does not necessarily mean that the
species meets the statutory definition of an ``endangered species'' or
a ``threatened species.'' In determining whether a species meets either
definition, we must evaluate all identified threats by considering the
expected response by the species, and the effects of the threats--in
light of those actions and conditions that will ameliorate the
threats--on an individual, population, and species level. We evaluate
each threat and its expected effects on the species, then analyze the
cumulative effect of all of the threats on the species as a whole. We
also consider the cumulative effect of the threats in light of those
actions and conditions that will have positive effects on the species,
such as any existing regulatory mechanisms or conservation efforts. The
Secretary of the Interior determines whether the species meets the
Act's definition of an ``endangered species'' or a ``threatened
species'' only after conducting this cumulative analysis and describing
the expected effect on the species now and in the foreseeable future.
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The Act does not define the term ``foreseeable future,'' which
appears in the statutory definition of ``threatened species.'' Our
implementing regulations at 50 CFR 424.11(d) set forth a framework for
evaluating the foreseeable future on a case-by-case basis. The term
``foreseeable future'' extends only so far into the future as the
Service can reasonably determine that both the future threats and the
species' responses to those threats are likely. In other words, the
foreseeable future is the period of time in which we can make reliable
predictions. ``Reliable'' does not mean ``certain;'' it means
sufficient to provide a reasonable degree of confidence in the
prediction. Thus, a prediction is reliable if it is reasonable to
depend on it when making decisions.
It is not always possible or necessary to define foreseeable future
as a particular number of years. Analysis of the foreseeable future
uses the best scientific and commercial data available and should
consider the timeframes applicable to the relevant threats and to the
species' likely responses to those threats in view of its life-history
characteristics. Data that are typically relevant to assessing the
species' biological response include species-specific factors such as
lifespan, reproductive rates or productivity, certain behaviors, and
other demographic factors.
In conducting our evaluation of the five factors provided in
section 4(a)(1) of the Act to determine whether lake sturgeon meets the
Act's definition of an ``endangered species'' or ``threatened
species,'' we considered and thoroughly evaluated the best scientific
and commercial information available regarding the past, present, and
future stressors and threats. We reviewed the petition, information
available in our files, and other available published and unpublished
information for the species. Our evaluation may include information
from recognized experts; Federal, State, and Tribal governments;
academic institutions; foreign governments; private entities; and other
members of the public.
The species assessment form for the lake sturgeon contains more
detailed biological information, a thorough analysis of the listing
factors, a list of literature cited, and an explanation of why we
determined that the species does not meet the Act's definition of an
``endangered species'' or a ``threatened species.'' To inform our
status reviews, we completed a species status assessment (SSA) report
for the lake sturgeon. The SSA report contains a thorough review of the
taxonomy, life history, ecology, current status, and projected future
status for the lake sturgeon. This supporting information can be found
on the internet at https://www.regulations.gov under the Docket No.
FWS-R3-ES-2024-0022.
Our analysis for this decision applied our current regulations,
portions of which were last revised in 2019. Given that we proposed
further revisions to these regulations on June 22, 2023 (88 FR 40764),
we have also analyzed whether the decision would be different if we
were to apply those proposed revisions. We concluded that the decision
would have been the same if we had applied the proposed 2023
regulations. The analyses under both the regulations currently in
effect and the regulations after incorporating the June 22, 2023,
proposed revisions are included in our decision file for this action.
Previous Federal Actions
On May 23, 2018, we received a petition from the Center for
Biological Diversity requesting that the lake sturgeon (Acipenser
fulvescens) be listed as an endangered or threatened species rangewide,
or in nine petitioned distinct population segments, and critical
habitat be designated for this species under the Act. On August 15,
2019, we published a 90-day finding (84 FR 41691) that the petition
contained substantial information indicating listing may be warranted
for the species. A complaint was filed on February 20, 2020, by the
Center for Biological Diversity, Fishable Indiana Streams for Hoosiers,
Hoosier Environmental Council, and Prairie Rivers Network alleging that
we failed to make a 12-month finding on the May 23, 2018, petition to
list the lake sturgeon. As a result of the litigation, we have a court-
ordered date of June 30, 2024, to deliver a 12-month finding to the
Federal Register. This document constitutes our 12-month finding on the
May 23, 2018, petition to list the lake sturgeon under the Act.
The petition also included nine potential distinct population
segments (DPSs): Lake Superior, western Lake Michigan, Red River, Rainy
Lake/Rainy River/Lake of the Woods, upper Mississippi River, Missouri
River, Ohio River, Arkansas-White River, and the lower Mississippi
River. After evaluating these populations under our 1996 Policy
Regarding the Recognition of Distinct Vertebrate Population Segments
Under the Endangered Species Act (DPS policy; 61 FR 4722, February 7,
1996), we found that each population is not discrete because it is not
markedly separated from other populations of lake sturgeon, with
evidence of migration and movement between each petitioned DPS and a
population of lake sturgeon outside of the petitioned DPS. In addition,
the Red River and Rainy Lake/Rainy River/Lake of the Woods petitioned
DPSs are not discrete because they do not have significant differences
in the control of exploitation, management of habitat, conservation
status, or regulatory mechanisms from the connected lake sturgeon
populations in Canada. For a more detailed discussion of our DPS
analysis, please see the species assessment form.
Using the best available information, we determined that none of
the petitioned DPSs meets the criteria for discreteness in our DPS
policy. Because we did not find any of the petitioned DPSs to be
discrete, we did not evaluate significance under the DPS policy.
Therefore, we proceed with determining whether the lake sturgeon meets
the Act's definition of an endangered or threatened species throughout
all or a significant portion of its range.
Summary of Finding
Historically, lake sturgeon were widely distributed across the
eastern and central United States and Canada. In Canada, the species
was found within the Hudson Bay and Great Lakes watersheds and in
rivers and lakes in Alberta, Saskatchewan, Manitoba, Ontario, and
Quebec. In U.S. waters, they were distributed throughout the Great
Lakes and their tributaries, the Mississippi River basin, as well as an
isolated population in the Mobile River Basin in Alabama and Georgia.
Although lake sturgeon occupy a reduced area today, they remain
distributed in the four major North American drainages they occupied
historically, including the Mississippi River basin, the Great Lakes,
Hudson Bay, and the Mobile River Basin.
Sturgeon have a prehistoric appearance because of their large size,
shark-like tails, and bony plate-armored covering. Lake sturgeon
possess a torpedo-shaped body that is protected by five lateral rows of
scutes (bony, diamond-shaped scales). Lake sturgeon are a long-lived
fish, living to 150 years of age, and are late maturing, with males
taking 12-20 years to mature and females taking 15-30 years. Two key
habitat needs for lake sturgeon are access to suitable spawning and
nursery habitat, and connectivity between all habitat types (Service
2023, pp. 12-13). Lake sturgeon travel from lakes and large rivers
(foraging habitat) to tributaries (spawning habitat) to spawn, then the
resulting lake sturgeon larvae will drift downstream to the mouth of
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rivers (nursery habitat) until they are large enough to move to larger
bodies of water. Spawning habitat generally consists of coarser
substrate with interstitial spacing, water temperatures ranging from
about 8-23.3 degrees Celsius ([deg]C) (47-72 degrees Fahrenheit
([deg]F)), and sufficient water flow in riverine habitat. Nursery
habitat is similar, defined by riverine habitat with both fine sediment
and coarser substrates, sufficient water flow, appropriate water
temperatures, and food availability. To complete its life cycle, lake
sturgeon need spawning, nursery, and adult foraging habitat to be
connected and accessible. These habitat needs are also essential to
supporting natural recruitment and adult abundance of life sturgeon.
Generally, if spawning and nursery habitat are accessible, then natural
recruitment will occur, which in turn will increase adult abundance.
For lake sturgeon populations to be resilient, they need a healthy
demography (i.e., stable or positive growth rates), habitat that
provides connectivity to allow for gene flow among subpopulations, and
sufficient habitat quality and quantity to support healthy individuals.
For a lake sturgeon population to be considered demographically
healthy, it needs a minimum of 750 total spawning adults and successful
spawning and recruitment that occurs in most years. Lake sturgeon need
widespread, naturally recruiting, abundant populations for redundancy.
Additionally, lake sturgeon need genetic, behavioral, and ecological
diversity across their range to have sufficient representation to adapt
to future environmental change.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to lake sturgeon, and we evaluated all relevant factors under the five
listing factors, including any regulatory mechanisms and conservation
measures addressing these threats. The primary threats affecting the
lake sturgeon's biological status are dams, barriers, and climate
change (Service 2023, pp. 14-15, 17-22). Dams and barriers occur across
the lake sturgeon's range and can block access to spawning and nursery
habitat, stopping lake sturgeon from completing their life cycle, thus
making this the most significant threat to the species.
We focused on the potential effects that warming water
temperatures, as a result of climate change, could have on the lake
sturgeon (Service 2023, pp. 24-25, 121-125). Warming water temperatures
could have negative effects on the species by changing the timing of
spawning runs and decreasing available habitat if waters get too warm.
Warming water temperatures could also have a positive effect by
increasing growth rate and creating habitat out of areas that were
previously too cold. Other threats we considered in our analysis, but
did not find to rise to a major species-level impact, include water
quality degredation and pollution, disease and predation, recreational
fishing, illegal harvest, effects of lamprey control, invasive species,
loss of genetic diversity, and genetic risks from stocking. For more
information on our analysis of these threats, see the SSA report
(Service 2023, pp. 13-44).
The primary conservation measure for the lake sturgeon is stocking
of captive-reared lake sturgeon. Stocking efforts occur across much of
the lake sturgeon's range and have brought areas back from extirpation
and bolstered the resiliency of existing populations (Service 2023, pp.
44-110). Other conservation measures we considered in our analysis
include restoring connectivity of habitat through dam removal, creation
of fish passages, habitat restoration, and invasive and non-native
species eradication and control programs. Restoration of connectivity
and habitat can have significant positive effects on lake sturgeon, but
these benefits are more localized or benefit certain populations.
During the late 1800s and early 1900s, commercial harvest severely
reduced the abundance of lake sturgeon while the construction of dams
and channelization and dredging reduced the amount and accessibility of
spawning and nursery habitat. By the late 1900s, lake sturgeon harvest
was, and remains, heavily regulated and monitored by State agencies,
effectively removing the threat of overharvest (Service 2023, pp. 30-
42). While the threat dams pose to the species remains across the
species' range, reducing access to spawning and nursery habitat, there
have been significant efforts to recover the lake sturgeon. Stocking
programs have helped to reintroduce or supplement populations of the
lake sturgeon across much of its range, including six of eight
representation units in the United States and three of four
designatable units in Canada, providing increased resiliency for
populations that are stocked (Service 2023, pp. 44-110). Along with
stocking, restoration of connectivity has improved the ability of
populations to recover naturally, such as in the Red River of the North
(Service 2023, pp. 79-84). Due to the significant ongoing conservation
and management efforts across the range of the species, areas that are
being managed are trending positively and have increased resiliency
compared to past decades (Service 2023, pp. 44-110). In addition,
although abundance has been drastically reduced, highly and moderately
resilient populations are still widely distributed, providing
sufficient redundancy for the species rangewide (Service 2023, pp. 110-
113).
Overall, lake sturgeon representation has been reduced from
historical levels, but the species still maintains a moderate to high
level of representation in multiple ways (Service 2023, pp. 113-116).
While genetic diversity has been lost in the southernmost part of the
range due to extirpations, the species has generally maintained a high
level of genetic diversity. In addition, lake sturgeon may have some
inherent phenotypic plasticity to respond to stressors. Lake sturgeon
may have the ability to adapt to warming climates and can thrive in
many different ecological settings. The primary reason representation
has been reduced from historical levels is because the widescale
construction of dams has reduced the ability of lake sturgeon to move
up tributaries to spawn. However, lake sturgeon have a high level of
adaptability to local changes and environmental conditions. Therefore,
although dams have reduced representation from historical levels, the
lake sturgeon currently has a sufficient level of representation to
adapt to environmental changes (Service 2023, pp. 113-116).
In summary, the lake sturgeon has many highly and moderately
resilient populations distributed throughout its range that provide
sufficient redundancy for the species and the adaptive capacity to
withstand near-term and long-term changes to the environment. Thus,
after assessing the best available information, we conclude that the
lake sturgeon is not in danger of extinction throughout all of its
range.
Therefore, we proceed with determining whether the lake sturgeon is
likely to become endangered within the foreseeable future throughout
all of its range. We carried three major influences into our future
condition analysis: dams, stocking, and climate change. We considered
other influences and conservation efforts described in the SSA report,
but we identified these three influences as having the highest
likelihood of a potentially significant, species-wide impact into the
future.
We do not anticipate the number of dams to change significantly
across the range of the species in the future, meaning the effects of
dams on the lake
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sturgeon at the species level will likely remain similar to the current
level of effects (Service 2023, pp. 117-118). While we expect dams and
barriers to continue to have a significant negative effect on the lake
sturgeon, we expect the stocking programs occurring in six of eight
representation units in the United States and three of four
designatable units in Canada to continue until management objectives
are met; see the species assessment form and SSA report for management
objectives (Service 2023, pp. 121-122). These representation and
designatable units are generally trending upwards, largely because of
conservation efforts. Due to a strong, long-term commitment to
reestablishment and supplementation efforts by States and Tribes, we
expect these efforts to continue until such time that they are no
longer necessary. Overall, we expect lake sturgeon populations that are
currently trending upward to continue to trend upward in the future,
improving resiliency and redundancy for the species. The species
current condition and positive trends from ongoing conservation efforts
support species' viability in the face of environmental stochasticity
and potential catastrophic events.
There is much uncertainty regarding how the lake sturgeon will
respond to changes in habitat due to climate change. However, because
of the species' relatively wide thermal tolerance, ability to move, and
ability to adjust spawning phenology, the lake sturgeon shows a high
degree of adaptability to climate change, although that adaptability
will likely be limited by its ability to access suitable habitats.
Overall, we expect representation in the future to remain similar to
the current condition and remain sufficient to adapt to environmental
changes.
In summary, the lake sturgeon is projected to have: (1) increased
resiliency in populations with ongoing conservation efforts, (2) highly
and moderately resilient populations distributed throughout its range
that provide sufficient redundancy for the species, and (3) the
adaptive capacity to withstand near-term and long-term changes to the
environment. After assessing the best available information, we
conclude that the lake sturgeon is not likely to become endangered
within the foreseeable future throughout all of its range.
We also evaluated whether the lake sturgeon is endangered or
threatened in a significant portion of its range. We evaluated four
portions (i.e., all analysis units that are currently functionally
extirpated or have low overall resiliency and designatable units in a
remnant status, the Hudson Bay drainage, the Atlantic drainage, and the
Gulf of Mexico drainage) and did not find them to be significant
because they are not large geographic areas relative to the range of
the species as a whole and they do not constitute habitat of high
quality or unique value relative to the remaining portions of the range
of lake sturgeon. Because we did not find any portion to be
significant, we did not evaluate whether any portion is in danger of
extinction either now or within the foreseeable future. Therefore, we
did not find any portions of the lake sturgeon's range for which both
(1) the portion is significant; and (2) the species is in danger of
extinction in that portion, either now or within the foreseeable
future. Thus, after assessing the best available information, we
conclude that the lake sturgeon is not in danger of extinction in a
significant portion of its range now, or within the foreseeable future.
After assessing the best available information, we concluded that
the lake sturgeon is not in danger of extinction or likely to become in
danger of extinction within the foreseeable future throughout all of
its range or in any significant portion of its range. Therefore, we
find that listing the lake sturgeon as an endangered species or
threatened species under the Act is not warranted. A detailed
discussion of the basis for this finding can be found in the lake
sturgeon species assessment form and other supporting documents on
https://www.regulations.gov under Docket No. FWS-R3-ES-2024-0022 (see
ADDRESSES, above).
Peer Review
In accordance with our July 1, 1994, peer review policy (59 FR
34270; July 1, 1994) and the Service's August 22, 2016, Director's Memo
on the Peer Review Process, we solicited independent scientific reviews
of the information contained in the lake sturgeon SSA report. The
Service sent the SSA report to nine independent peer reviewers and
received three responses. Results of this structured peer review
process can be found at https://www.regulations.gov under Docket No.
FWS-R3-ES-2024-0022. We incorporated the results of these reviews, as
appropriate, into the SSA report, which is the foundation for this
finding.
New Information
We request that you submit any new information concerning the
taxonomy of, biology of, ecology of, status of, or stressors to the
lake sturgeon to the person listed above under FOR FURTHER INFORMATION
CONTACT, whenever it becomes available. New information will help us
monitor this species and make appropriate decisions about its
conservation and status. We encourage local agencies and stakeholders
to continue cooperative monitoring and conservation efforts.
References Cited
A list of the references cited in this document is available on the
internet at https://www.regulations.gov under Docket No. FWS-R3-ES-
2024-0022 in the species assessment form, or upon request from the
person listed above under FOR FURTHER INFORMATION CONTACT.
Authors
The primary authors of this document are the staff members of the
Species Assessment Team, Ecological Services Program.
Signing Authority
Martha Williams, Director of the U.S. Fish and Wildlife Service,
approved this action on March 12, 2024, for publication. On April 16,
2024, Martha Williams authorized the undersigned to sign the document
electronically and submit it to the Office of the Federal Register for
publication as an official document of the U.S. Fish and Wildlife
Service.
Authority
The authority for this action is section 4 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Madonna Baucum,
Regulations and Policy Chief, Division of Policy, Economics, Risk
Management, and Analytics of the Joint Administrative Operations, U.S.
Fish and Wildlife Service.
[FR Doc. 2024-08567 Filed 4-22-24; 8:45 am]
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