Endangered and Threatened Wildlife and Plants; Notice Describing Fish and Wildlife Service Priority Listing Activities From October 1, 1995 Through November 13, 1995

[[Page 56533]]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife and Plants; Notice Describing

Fish and Wildlife Service Priority Listing Activities From October 1,

1995 Through November 13, 1995

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of priority listing activities.

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SUMMARY: In this notice the Fish and Wildlife Service (Service)

describes those activities that it believes may be lawfully conducted

pursuant to section 4 of the Endangered Species Act while operating

under the continuing resolution from October 1, 1995 through November

13, 1995. The Service interprets the provisions of the continuing

resolution to prohibit the issuance of final rules adding species to

the list of endangered or threatened wildlife and plants. Emergency

listing and designation of critical habitat are also prohibited.

Activities the Service believes are authorized include--review and

issuance of findings on petitions; conducting public hearings and

accepting public comments on proposed listings and critical habitat

designations; and preparing, publishing, or withdrawing proposed rules

to list, delist, or reclassify species. Highest priority listing

activities during the period covered by the continuing resolution will

include--completing ongoing public comment periods and conducting

scheduled or requested public hearings; completing review and

publishing findings on petitions received prior to July 15, 1995; and

processing listing actions that would delist species or reclassify

endangered species to threatened species.

DATES: This notice governs Service priorities and policies from October

1, 1995 through November 13, 1995.

ADDRESSES: Interested persons or organizations should submit comments

to the Chief, Division of Endangered Species, U.S. Fish and Wildlife

Service, 1849 C Street, N.W., Mailstop ARLSQ-452, Washington, D.C.

20240 (703-358-2171 voice, 703-358-1735 facsimile).

FOR FURTHER INFORMATION CONTACT: Chief, Division of Endangered Species

(see ADDRESSES section).

SUPPLEMENTARY INFORMATION: Public Law 104-6, enacted April 10, 1995,

amended Public Law 103-332 (the Interior appropriations act for fiscal

year 1995) by placing a moratorium on certain activities conducted

pursuant to section 4 of the Endangered Species Act of 1973 (Act), as

amended (16 U.S.C. 1531 et seq.). The moratorium prohibited the Service

from adding species to the lists of endangered or threatened wildlife

and plants, including emergency listings, and also prohibited the

Service from designating critical habitat for listed species. These

moratorium provisions were to lapse on October 1, 1995.

Language included in section 101(a) of the continuing resolution

(H.J. Res. 108) specifies that activities conducted in fiscal year 1995

continue in the first six weeks of fiscal year 1996 under the authority

and conditions provided in the applicable appropriations Act for the

fiscal year 1995. The Service interprets this language to extend the

moratorium provisions of Public Law 104-6 until the expiration of the

continuing resolution on November 13, 1995. Therefore, the Service

believes that it is expressly prohibited from adding species to the

lists of endangered or threatened wildlife and plants, and from

designating critical habitat, during the period October 1, 1995 through

November 13, 1995.

Actions that the Service believes are permitted under the authority

of section 4 of the Act while operating under the continuing resolution

include--review and publication of findings on petitions to list,

reclassify, delist, or designate critical habitat; review of candidate

species status; production of proposals to add species to the lists of

endangered or threatened wildlife and plants; and conducting public

hearings on proposed listings.

The Service is also experiencing funding constraints under the

continuing resolution and foresees a significant decrease in the funds

available for listing activities in fiscal year 1996. The limited

amount of resources means that the Service must carefully prioritize

its listing activities. To most effectively use the available funds,

the Service will limit listing activities from October 1, 1995 through

November 13, 1995 to the following:

Completing ongoing comment periods and conducting scheduled or

requested public hearings for proposed listings.

Completing review and findings on petitions received prior to July

15, 1995.

Completing review of actions that would delist, reclassify, or

withdraw proposed listing for a variety of species.

The Service intends to discontinue work on preparation of proposed

listings and critical habitat designations because completion of such

actions prior to November 13, 1995 would be unlikely. The Department of

Justice has been requested to seek appropriate relief from pending

court orders and settlement agreements. Action on proposed listings

issued in fiscal year 1995 will cease once the public comment period

closes (generally 60 days after publication of the proposed rule in the

Federal Register).

Authority

This notice is published under the authority of the Endangered

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

Dated: November 3, 1995.

Mollie H. Beattie,

Director, U.S. Fish and Wildlife Service.

[FR Doc. 95-27899 Filed 11-8-95; 8:45 am]

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