Endangered and Threatened Wildlife and Plants; Reopening of Comment Period on Proposed Endangered Status for Five Freshwater Mussels and Proposed Threatened Status for Two Freshwater Mussels From Eastern Gulf Slope Drainages of Alabama, Florida, and Georgia

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC63

Endangered and Threatened Wildlife and Plants; Reopening of

Comment Period on Proposed Endangered Status for Five Freshwater

Mussels and Proposed Threatened Status for Two Freshwater Mussels From

Eastern Gulf Slope Drainages of Alabama, Florida, and Georgia

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: The Fish and Wildlife Service provides notice that the comment

period is reopened on a proposal to list the fat three-ridge, shiny-

rayed pocketbook, Gulf moccasinshell, Ochlockonee moccasinshell, and

oval pigtoe as endangered, and the Chipola slabshell and purple

bankclimber as threatened, pursuant to the Endangered Species Act of

1973 (Act), as amended. The Service is reopening the comment period on

this proposal to allow members of the public to submit comments on

these proposals.

DATES: The comment period on this proposal is extended until July 26,

1996.

ADDRESSES: Written comments and materials concerning the proposal

should be sent to the Field Supervisor, U.S. Fish and Wildlife Service,

6620 Southpoint Drive South, Suite 310, Jacksonville, Florida, 32216.

Comments and materials received will be available for public

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

address.

FOR FURTHER INFORMATION CONTACT: Robert S. Butler at the above address

(telephone: 904/232-2580, fax 904/232-2404).

SUPPLEMENTARY INFORMATION:

Background

On August 3, 1994, the Service proposed to add seven freshwater

mussels (fat three-ridge, shiny-rayed pocketbook, Gulf moccasinshell,

Ochlockonee moccasinshell, oval pigtoe, Chipola slabshell, and purple

bankclimber) to the list of endangered and threatened animals (59 FR

39524). These seven species are endemic to the Apalachicolan Region of

the eastern Gulf Slope, defined as the rivers from the Escambia River

in the west to the Suwannee River in the east. These drainages comprise

southeast Alabama, southwest Georgia, and north Florida.

Section 4(b)(5)(E) of the Endangered Species Act of 1973, as

amended, requires that a public hearing be held if it is requested

within 45 days of the publication of a proposed rule. By September 19,

1994, the Service had received 12 public hearing requests on the

proposal to list these seven mussels. The Service conducted five public

informational meetings and five public hearings in January 1995. A

notice of the public informational meetings, public hearings, and

reopening of the comment period until February 10, 1995, was published

in the Federal Register on December 12, 1994 (59 FR 63987). In a

Federal Register notice appearing on April 24, 1995 (60 FR 20072), the

Service extended the open comment period until May 5, 1995.

A moratorium on listing actions (Public Law 104-6) took effect

April 10,

[[Page 36021]]

1995, and prevented the Service from making a final decision on these

proposals by the August 1995 administrative deadline. The moratorium

was lifted on April 26, 1996, when the appropriation for the Department

of the Interior for the remainder of fiscal year 1996 was enacted into

law. In a Federal Register document published on May 16, 1996 (61 FR

24722), the Service outlined in detail the history of the moratorium

and indicated the priorities it would follow in eliminating the listing

program backlog resulting from the moratorium. Preparation of final

rules for these proposed species is considered a Tier 2 priority--

processing final decisions on proposed listings. For more information

on the moratorium and the priority for backlogged listing actions,

refer to the May 15, 1996, Federal Register notice.

The Service hereby announces another reopening of the comment

period until July 26, 1996. Reopening of the comment period will allow

the Service to accept information on scientific studies conducted since

the comment period last closed on May 5, 1995. Any other comments from

the interested public will also be solicited concerning these

proposals.

Author

The primary author of this notice is Robert S. Butler, Jacksonville

Field Office, U.S. Fish and Wildlife Service, 6620 Southpoint Drive

South, Suite 310, Jacksonville, Florida 32216 (904/232-2580 or fax 904/

232-2404).

Authority: The authority for this action is the Endangered

Species Act (16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted).

Dated: July 1, 1996.

Noreen K. Clough,

Regional Director, Southeast Region, Fish and Wildlife Service.

[FR Doc. 96-17222 Filed 7-8-96; 8:45 am]

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