Endangered and Threatened Wildlife and Plants; Reopening of Comment Period on Proposed Threatened Status for Copperbelly Water Snake

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB75

Endangered and Threatened Wildlife and Plants; Reopening of

Comment Period on Proposed Threatened Status for Copperbelly Water

Snake

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of reopening of comment period.

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SUMMARY: The Fish and Wildlife Service (Service) provides notice that

the comment period on the proposed threatened status for the

copperbelly water snake (Nerodia erythrogaster neglecta) is reopened.

This snake occupies portions of southern Michigan, northwestern Ohio

and adjacent northeastern Indiana, southern Indiana, southeastern

Illinois, and western Kentucky.

DATES: Comments from all interested parties must be received by

September 16, 1996.

ADDRESSES: Comments and materials concerning this proposal should be

sent to U.S. Fish and Wildlife Service, 620 South Walker Street,

Bloomington, Indiana 47403-2121.

FOR FURTHER INFORMATION CONTACT: David Hudak, Field Supervisor, (see

ADDRESSES section), 812/334-4261 extension 200.

SUPPLEMENTARY INFORMATION:

Background

A proposed rule to list the copperbelly water snake (sometimes

referred to as the northern copperbelly water snake) as threatened was

published on August 18, 1993 (58 FR 43860). A public hearing on the

proposal was held in Indianapolis on April 4, 1994, and the comment

period for this proposed rule was extended or reopened five times, with

the last comment period closing on September 30, 1995 (60 FR 42140,

August 15, 1995).

Following the December 15, 1994, to January 13, 1995, comment

period the Service again began evaluating all available scientific and

commercial data concerning the species' status. On April 10, 1995,

Public Law 104-06 imposed a moratorium which prevented the addition of

any species to the Threatened and Endangered Species List. Thus, the

Service was prevented from making a final decision on the proposed

threatened classification of the copperbelly water snake. The

moratorium remained in effect until April 26, 1996, at which time

Public Law 104-134 was enacted, providing for the termination of the

listing moratorium by the President.

The Service is required to use the best available scientific and

commercial data in making listing determinations under the Endangered

Species Act of 1973 (Act), as amended. The Service's Final Listing

Priority Guidance, published May 16, 1996, (61 FR 24722-24728) notes

that the inaction forced upon the Service by the moratorium and related

funding limitations may result in a need to reopen comment periods due

to unresolved questions or the potential for the existence of new

information. Pursuant to this Guidance, it is necessary to reopen the

comment period to ensure that the Service has the best scientific and

commercial information currently available to use in making a final

listing determination for the copperbelly water snake.

During this comment period the Service desires to receive any

scientific and commercial data that have become available since the

previous comment period closed on September 30, 1995. If significant

data are provided that are likely to influence the listing

determination, the Service will notify the public of the data's

existence and will provide copies to parties that request them. If

necessary, the Service will then extend or reopen the comment period to

allow sufficient time for interested parties to review and comment on

the new data.

[[Page 37035]]

The Service expects to receive a report on the biological status of

the northern population (southern Michigan and the adjacent portions of

Indiana and Ohio) of the copperbelly water snake during this comment

period. Parties wishing to receive a copy of the northern population

report or other significant data received during this comment period

are invited to furnish their address to the Service.

Therefore, by this notice the Service is reopening the comment

period to solicit and receive additional data and comments on the

proposal and to receive addresses from parties who want to receive a

copy of the northern population report. The Service is especially

interested in receiving data that have become available since the

September 30, 1995, close of the previous comment period.

Data and comments which have been previously submitted do not need

to be resubmitted. When the Service makes its final determination

whether to list the copperbelly water snake as a threatened species all

previously received materials will be considered along with newly

submitted material. Data and comments received during this and earlier

comment periods may lead to final regulations that differ from the

proposal of August 18, 1993.

Author

The primary author of this notice is Ronald L. Refsnider, U.S. Fish

and Wildlife Service, Division of Endangered Species, Bishop Henry

Whipple Federal Building, 1 Federal Drive, Ft. Snelling, Minnesota

55111-4056 (612-725-3536).

Authority

Authority for this action is the Endangered Species Act of 1973 (16

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

Dated: July 10, 1996.

William F. Hartwig,

Regional Director, Region 3, Fort Snelling, MN.

[FR Doc. 96-17985 Filed 7-15-96; 8:45 am]

BILLING CODE 4310-55-M