Endangered and Threatened Wildlife and Plants; Reopening of Comment Period on Proposed Rules To List the Copperbelly Water Snake and Lake Erie Water Snake as Threatened

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB75 and 1018-AC09

Endangered and Threatened Wildlife and Plants; Reopening of

Comment Period on Proposed Rules To List the Copperbelly Water Snake

and Lake Erie Water Snake as Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) is reopening the

comment period on the proposals to list the copperbelly water snake

(Nerodia erythrogaster neglecta) and the Lake Erie water snake (Nerodia

sipedon insularum) as threatened species. The copperbelly water snake

occupies portions of southern Michigan, northwestern Ohio and adjacent

northeastern Indiana, southern Indiana, southeastern Illinois, and

western Kentucky. The Lake Erie water snake is found only on the Ohio

and Ontario islands of western Lake Erie and the adjacent mainland of

Ohio.

DATES: The comment period on the two proposals is reopened, effective

immediately, and will close on September 30, 1995.

ADDRESSES: Comments and materials concerning these proposals should be

sent to the Division of Endangered Species, Bishop Henry Whipple

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

Comments and materials received will be available for public

inspection, by appointment, during normal business hours at that

location (612/725-3536; fax 612/725-3526).

FOR FURTHER INFORMATION CONTACT: Robert Adair, Chief, Division of

Endangered Species, at the above address and phone number.

SUPPLEMENTARY INFORMATION:

Background

The copperbelly water snake occurs in two disjunct populations: (1)

a southern population in the lower Ohio River Valley and the lower

Wabash River Valley in southern Indiana, adjacent Illinois, and western

Kentucky; and (2) a northern population in southern Michigan,

northeastern Indiana, and northwestern Ohio. The Lake Erie water snake

is found only on the islands of western Lake Erie and the nearby

mainland of Ohio. Both species are threatened by habitat destruction

and direct persecution by humans.

These two snakes were proposed for Federal listing as threatened

species on August 18, 1993 (58 FR 43857 and 43860). Public hearings

were subsequently held in Port Clinton and Put-in-Bay, Ohio, for the

Lake Erie water snake; and in Indianapolis, Indiana, for the

copperbelly water snake. Public comment periods were reopened and

extended to accommodate these hearings (October 12-November 16, 1993,

58 CFR 52740; March 22-April 21, 1994, 59 CFR 13472; May 13-June 16,

1994, 59 CFR 25024). The comment period for the copperbelly water snake

was subsequently reopened two additional times to allow the Service to

obtain, and for the public to review, additional data concerning

intergradation of N. e. neglecta with N. e. flavigaster and the status

of the species in Kentucky (July 11-November 1, 1994, 59 CFR 35307;

December 15, 1994-January 13, 1995, 59 CFR 64647).

On April 10, 1995, Public Law 104-6, the Emergency Supplemental

Appropriations and Rescissions for the Department of Defense to

Preserve and Enhance Military Readiness Act of 1995 (109 Stat 73), was

signed and became effective. Language in that act established a

moratorium on the final determinations of species to be threatened or

endangered and on the designation of new critical habitat. During this

period the Service is prohibited from finalizing rules which list

additional species as threatened or endangered. This moratorium is in

effect until September 30, 1995.

While the moratorium is in effect the Service will continue to

monitor these proposed species, their habitats, and threats to their

continued existence. The Service will also continue to discuss the

conservation needs of the species and the appropriateness of listing

them as threatened or endangered. If opportunities arise, the Service

will promote and implement conservation actions for the species.

In order to promote the necessary free and open exchange of

information and continued discussions with interested parties, the

Service is reopening the comment periods on the proposed listings of

the Lake Erie water snake and the copperbelly water snake until

September 30, 1995. If the listing moratorium is extended or shortened

the Service will modify, by Federal Register notice, the closing date

of these comment periods, as appropriate.

The Service recognizes that there are no explicit provisions in the

Endangered Species Act for this additional evaluation and clarification

[[Page 42141]]

process. We take very seriously our role in evaluating species for

listing and our statutory duty to consider the best available

scientific and commercial data. We believe that this additional open

comment period will allow a full and fair hearing of all information

presented concerning these two snakes.

Public Comments Solicited

The Service intends that any final actions resulting from the two

August 18, 1993, proposals will be as accurate and as effective as

possible. Therefore, comments or suggestions from the public, other

concerned governmental agencies, the scientific community, industry, or

any other interested party concerning these proposed rules continue to

be solicited by the Service. Comments particularly are sought

concerning:

(1) Biological, commercial trade, or other relevant data concerning

any threats (or lack thereof) to these species;

(2) The location of any additional populations of these species and

the reasons why any habitat should or should not be determined to be

critical habitat pursuant to section 4 of the Act;

(3) Additional information concerning the range, distribution, and

population size of the two species;

(4) Current or planned activities in the subject areas and their

possible impacts on these species.

Any final promulgation of the regulations on these species will

take into consideration the comments and any additional information

received by the Service; such communications may lead to final

regulations that differ from the proposals of August 18, 1993.

Author

This notice was prepared by Ronald L. Refsnider (see ADDRESSES

section).

Authority: The authority for this action is the Endangered

Species Act of 1973 (16 U.S.C. 1531 et. seq.).

Dated: July 6, 1995.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 95-20109 Filed 8-14-95; 8:45 am]

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