# 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 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A95-5880 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** March 10, 1995 - **Citation:** 60 FR 13105 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 4310-55-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-5880. Public record. Not legal advice.