Endangered and Threatened Wildlife and Plants; Notice of Closure of Public Comment Period

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife and Plants; Notice of Closure

of Public Comment Period

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of review; closing of public comment period.

-----------------------------------------------------------------------

SUMMARY: The U.S. Fish and Wildlife Service (Service) announces that it

is closing the public comment period for comments on the process

whereby the Service identifies candidates for addition to the lists of

endangered or threatened wildlife and plants. The proposed changes were

contained in the Candidate Notice of Review (candidate notice)

published in the Federal Register on February 28, 1996. The Service

continues to evaluate its current practice of using information

provided by states and private and public interests to evaluate species

for potential listing under the Endangered Species Act. Based on public

comments, the Service may make policy changes to the candidate species

and notice of review process. The Service continues to accept

information on the biological status and threats facing any individual

species until further notice.

DATES: Comments of a general nature, including comments that are

related to the process whereby species are identified as candidates for

protection under the Endangered Species Act of 1973 (Act), as amended,

will be accepted and considered until October 17, 1996.

ADDRESSES: Comments on the Service's candidate notice process should be

directed 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.

FOR FURTHER INFORMATION CONTACT: E. LaVerne Smith, Chief, Division of

Endangered Species, U.S. Fish and Wildlife Service, 703-358-2171 (see

ADDRESSES section).

SUPPLEMENTARY INFORMATION:

Background

On February 28, 1996, the Service published a revised candidate

notice of review in the Federal Register (61 FR 7596) that announced

changes to the way the Service identifies species that are candidates

for listing under the Endangered Species Act of 1973, as amended (16

U.S.C. 1531 et seq.). For reasons outlined in the candidate notice, the

Service noted its intention to discontinue maintaining a list of

species that were previously identified as ``category-2 candidates.''

Category-2 candidates were species for which the Service had

information indicating that protection under the Act may be warranted

but for which it lacked sufficient information on status and threats to

justify preparation of a proposed listing.

In addition to soliciting biological information on taxa that are

candidates for listing under the Act, the Service also solicited public

comments of a general nature (61 FR 7596; February 28, 1996) when it

announced the revisions to the candidate identification process. The

candidate notice specified no closing date for comments of either a

general, or a species-specific nature. The Service now announces that

it will consider all public comments on the matter of discontinuing the

practice of identifying category-2 candidate species that are received

on or before October 17, 1996. By December 1, 1996, the Service will

publish a subsequent notice in the Federal Register addressing all

comments received and indicating a final decision on this issue and how

the Service intends to identify species that are under consideration

for possible addition to the list of endangered or threatened species.

As solicited in the Service's February 28, 1996 candidate notice

(61 FR 7596), comments and information relating to the biological

status and threats of particular taxa that are, or should be, regarded

as candidates for protection under the Act may be submitted at any time

to the Regional Director of the Region identified as having lead

responsibility. Biological status and threat information for species

that do not have a designated lead Region should be submitted to the

Division of Endangered Species, Washington, D.C.

National Environmental Policy Act

The Service does not consider any decision to discontinue the

maintenance of a list of category-2 candidate species in notices of

review to be a major Federal action significantly affecting the human

environment for purposes of the National Environmental Policy Act

(NEPA) of 1969 (42 U.S.C. 4321 et seq.). Further, the Department of the

Interior's Departmental Manual (DM) categorically excludes,

``Activities which are educational, informational, advisory or

consultative to other agencies, public or private entities, visitors,

individuals, or the general public'' (516 DM 2, Appendix 1, item 1.11).

Notices of review serve the purpose of informing Federal agencies,

state agencies, and the general public of taxa that are candidates for

possible addition to the lists of endangered or threatened wildlife and

plants. They also serve as data-gathering tools to assist the Service

in developing the best available scientific and commercial data on such

taxa. There is no statutory or regulatory mandate on how to structure

or when to publish these notices. Thus, even if the Service's decision

to discontinue maintenance of a list of species of concern as category-

2 candidates in notices of review were considered an ``action'' for

purposes of

[[Page 48876]]

NEPA, such would fall within this categorical exclusion. The Service

also believes that the exceptions to categorical exclusions (516 DM 2,

Appendix 2) would not be applicable to such a decision, especially in

light of the absence of environmental effects for such action.

Authority

The authority for this action is the Endangered Species Act of

1973, as amended (16 U.S.C. 1531 et seq.).

Dated: September 6, 1996

John G. Rogers

Acting Director, Fish and Wildlife Service.

[FR Doc. 96-23718 Filed 9-16-96; 8:45 am]

BILLING CODE 4310-55-P