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

DEPARTMENT OF THE INTERIOR

50 CFR Part 17

RIN 1018-AB75

Endangered and Threatened Wildlife and Plants; Extension of

Comment Period on Threatened Status for Copperbelly Water Snake

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of extension 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 extended.

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

November 15, 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. The current comment

period began on July 16, 1996, and closes on September 16, 1996.

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, as amended. The Service's Final Listing Priority

Guidance, published May 16, 1996, (61 FR 24722) 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, the Service reopened the

comment period on July 16, 1996, (61 FR 37034) for 60 days to ensure

that the best scientific and commercial information currently available

would be used in making a final listing determination for the

copperbelly water snake.

The Service has contracted for a report on the current biological

status of the northern population (southern Michigan and the adjacent

portions of Indiana and Ohio) of the copperbelly water snake. This

report has not yet been completed. Due to the expected importance of

this updated information in evaluating the status of the northern

populations, the Service is extending the current comment period so

that the report will be available and reviewed by the Service prior to

making a final listing decision. Parties wishing to receive a copy of

the northern population report were asked, in the July 16, 1996,

Federal Register notice, to furnish their address to the Service;

copies of the report will be sent to those parties when the report is

received by the Service.

During this comment period the Service has been working with

representatives of the coal industry, the Farm Bureau Federation, State

fish and wildlife resource agencies, and State surface mining

regulatory agencies to develop conservation plans for the copperbelly

water snake and its habitat in Illinois, Kentucky, and southern

Indiana. These efforts have been productive and will be continued

during the extended comment period. The scope and success of these and

other conservation actions will be taken into consideration when the

Service makes its final listing decision.

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: September 12, 1996.

John A. Blankenship,

Acting Regional Director, Region 3, Ft. Snelling, MN.

[FR Doc. 96-23865 Filed 9-16-96; 8:45 am]

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