Endangered and Threatened Wildlife and Plants; Notice of Six- Month Extension and Reopening of Public Comment Period on the Proposed Rule to List the Barton Springs Salamander as an Endangered Species

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC22

Endangered and Threatened Wildlife and Plants; Notice of Six-

Month Extension and Reopening of Public Comment Period on the Proposed

Rule to List the Barton Springs Salamander as an Endangered 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 Barton Springs salamander

(Eurycea sosorum) is an endangered species is being extended for up to

6 months. The comment period on the proposal is reopened.

DATES: The new deadline for final action on the proposed listing of the

Barton Springs salamander as an endangered species is August 17, 1995.

The reopened comment period closes May 17, 1995.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the U.S. Fish and Wildlife Service, Austin Ecological Services

Field Office, 10711 Burnet Road, Suite 200, Austin, Texas 78758.

Comments and materials received will be available for public

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

address.

FOR FURTHER INFORMATION CONTACT: Texas State Administrator, U.S. Fish

and Wildlife Service, Ecological Services, 10711 Burnet Road, Suite

200, Austin, Texas 78758 (telephone [512] 490-0057, fax [512] 490-

0974).

SUPPLEMENTARY INFORMATION:

Background

The proposed rule to list the Barton Springs salamander as an

endangered species was published on February 17, 1994 (59 FR 7968). The

primary threat to this species is contamination of the waters that

supply Barton Springs by potential catastrophic events and chronic

degradation resulting from urban activities. Also of concern are

disturbances to the salamander's surface habitat (the waters in Barton

Springs, Eliza Pool, and Sunken Garden Springs) and reduced groundwater

supplies resulting from increased groundwater withdrawal.

The comment period on the proposed rule originally closed April 18,

1994. It was reopened May 26, 1994, and closed July 1, 1994. During the

comment periods and subsequent to the close of comment on this

proposal, the Service has received recommendations and information

relevant to a final decision on the listing of the salamander. In order

to adequately incorporate all available pertinent information in the

deliberation leading to a decision and to ensure an opportunity for

public comment on as complete an administrative record as possible, the

deadline for final action on this proposal is being extended and the

comment period reopened.

The Service has received several comments regarding the adequacy of

search efforts to determine if the currently known distribution is

restricted solely to the Barton Springs complex. Comments received from

scientific experts refer to extensive search efforts in springs

throughout a several-county area. However, a few caves were identified

that may support the salamander, but that had not been adequately

surveyed.

On September 19, 1994, the Barton Springs/Edwards Aquifer

Conservation District submitted a report titled, Barton Springs/Edwards

Aquifer Hydrogeology and Water Quality, to the Service. The report

appears to contain significant new information regarding water quality

throughout the Barton Springs/Edwards Aquifer system. Water quality

data contained in this report may provide important information on the

effects of existing and historical land use on water quality, and

potential threats to the Barton Springs salamander. The Service

considers it important that this report be entered into the record and

made available for public comment before a final decision is made on

the listing.

In October 1994 the Texas Parks and Wildlife Department appointed

an Aquatic Biological Advisory Team specifically to consider the

conservation and research needs of three species of Eurycea, including

the Barton Springs salamander. The team will not report its findings

and recommendations for several more months; the Service believes that

this team's results should be considered in reaching a final listing

decision.

In February 1995 the Governor of Texas requested that the Secretary

of the [[Page 13106]] Interior delay final decision on the proposal for

6 months to provide the State an opportunity to take conservation

measures for the salamander that would make federal listing

unnecessary. The Texas Parks and Wildlife Department (TPWD) also

supported an extension, indicated that all reasonable actions in

support of conserving the species had not been exhausted, and expressed

reservations concerning the documentation of the range of the species

and threats to it. TPWD also expressed interest in using the extension

to better ascertain the status of biological issues and to pursue State

and local conservation options; the Service will welcome any assistance

the State of Texas might provide toward these ends. The Act pays

special deference to the views of the States in the listing of species,

requiring that State identification of a species as in danger of

extinction be considered in listing species under the Act (section

4(b)(1)(B)(ii)), that States be notified of proposed listings (section

4(b)(5)(A)(ii)), and that States be provided specific explanations of

listing decisions that are counter to State recommendations (section

4(i)). The Service intends to further consider the possible relevance

of State conservation efforts to the final listing decision.

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

deadline for taking final actions on a proposal to list 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 the several unresolved

issues enumerated above are directly relevant to the sufficiency and

accuracy of the available data upon which a listing decision may be

made and consequently is extending the deadline for a decision.

In order to allow full public comment on these issues as well as

the proposed listing itself, the Service is reopening the comment

period until May 17, 1995. Written comments should be submitted to the

Service office in the Addresses section above. Comments submitted

during previous comment periods will be considered and need not be

resubmitted.

Author

The primary author of this notice is Sam D. Hamilton, Texas

State Administrator, 10711 Burnet Road, Suite 301, Austin, Texas

78758.

Authority

The Authority for this action is the Endangered Species Act (16

U.S.C. 1531 et seq.).

Dated: March 6, 1995.

(Notice: Extension of comment period on proposal to list Barton

Springs salamander).

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 95-5880 Filed 3-9-95; 8:45 am]

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