Endangered and Threatened Wildlife and Plants; Notice of Six- Month Extension and Reopening of Public Comment Period on the Proposed Rule To List the Northern Copperbelly Water Snake (Nerodia Erythrogaster Neglecta) as a Threatened Species

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB75

Endangered and Threatened Wildlife and Plants; Notice of Six-

Month Extension and Reopening of Public Comment Period on the Proposed

Rule To List the Northern Copperbelly Water Snake (Nerodia

Erythrogaster Neglecta) as a Threatened Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of extension and reopening of comment period on proposed

rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice that

the deadline to determine whether the northern copperbelly water snake

(Nerodia erythrogaster neglecta) is a threatened species is being

extended to allow time for additional field surveys and data analysis.

This species now persists in isolated populations in southern Michigan

and adjacent Indiana and Ohio, as well as southern Indiana,

southeastern Illinois, and adjacent Kentucky. It occurs in lowland

swamps and adjacent woodland and upland areas. During prior comment

periods, new questions were raised by herpetologists and State

conservation departments as to the merits of including intergrades in

the listing and the sufficiency of information on the boundaries

between intergrade and pure populations. The comment period on the

proposal is reopened.

DATES: The new deadline for determining whether the northern

copperbelly water snake is a threatened species is February 18, 1995.

The comment period now closes November 1, 1994.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the U.S. Fish and Wildlife Service, Bishop Henry Whipple

Federal Building, 1 Federal Drive, Fort Snelling, Minnesota 55111-4056.

Comments and materials received will be available for public

inspection, by appointment, during normal business hours at the above

address.

FOR FURTHER INFORMATION CONTACT: David Hudak, Supervisor, U.S. Fish and

Wildlife Service, Ecological Services, Field Office, 620 S. Walker

Street, Bloomington, Indiana 47403-2121 (phone 812/334-4261; fax 812/

334-4273).

SUPPLEMENTARY INFORMATION:

Background

The northern copperbelly water snake was proposed for listing as a

threatened species due to strong evidence that its range and numbers

have declined dramatically, primarily as a result of the destruction of

its habitat, and that the threats to the habitat and to the snakes are

continuing.

The Federal Register notice proposing the northern copperbelly

water snake for classification as a threatened species was published on

August 18, 1993 (58 FR 43860). During the subsequent comment period,

the Service received several letters from herpetologists and State

conservation departments regarding intergradation between N. e.

neglecta and N. e. flavigaster (yellow-bellied water snake). The latter

subspecies occurs in southwestern Illinois and in the western portions

of Kentucky and Tennessee, and also is widespread in the Gulf Coast

States and the southern Atlantic Coast States.

Where the ranges of the two subspecies come into contact there are

numerous individuals having characteristics intermediate between the

two subspecies. These individuals are referred to as intergrades. There

are also localized populations which are largely composed of

intergrades known as intergrade populations.

Some of the concerns that were expressed during the comment period

dealt with two inter-related issues: (1) the merits of including

intergrade populations and/or intergrade individuals in the listing and

thus giving them protection as threatened, and (2) the insufficiency of

currently available information on the locations of boundaries between

intergrade populations and ``pure'' populations of N. e. neglecta.

These concerns are particularly acute in southern Illinois where the

Department of Conservation believes that additional surveys are

critical to an adequate understanding of the status of N. e. neglecta

and its relationship to N. e. flavigaster. Results from these surveys

are expected to be placed on review at the Service Office listed in the

ADDRESSES section, when they become available.

The Endangered Species Act allows an extension of the normal 1-year

deadline for taking final actions on a proposal to list a species for

up to 6 months when there is a ``substantial disagreement regarding the

sufficiency or accuracy of the available data relevant to the

determination.'' The Service believes that there is substantial

disagreement regarding the status of N. e. neglecta.

In order to collect additional data on the extent and locations of

intergrade populations, to resolve questions regarding the most

appropriate taxonomic entity to protect under the Act, and to obtain

current data on the status of N. e. neglecta in Illinois, the Service

is extending the deadline for the listing determination until February

18, 1995.

The comment period on the proposed rule originally closed October

18, 1993. It was reopened March 22 and closed April 22, 1994. The

Service is reopening the comment period until November 1, 1994. Written

comments should be submitted to the Service office in the Addresses

section.

Author

The primary author of this notice is Ronald L. Refsnider, Division

of Endangered Species, Bishop Henry Whipple Federal Building, 1 Federal

Drive, Ft. Snelling, Minnesota 55111-4056 (phone 612-725-3276; fax 612-

725-3526).

Authority: The Authority for this action is: 16 U.S.C. 1361-

1407; 16 U.S.C. 1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99-625, 100

Sta. 3500; unless otherwise noted.

Dated: June 30, 1994.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 94-16643 Filed 7-8-94; 8:45 am]

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