Endangered and Threatened Wildlife and Plants: Public Hearing on Proposed Rule to List the Northern Population of the Bog Turtle as Threatened and the Southern Population as Threatened Due to Similarity of Appearance

DEPARTMENT OF THE INTERIOR

50 CFR Part 17

Endangered and Threatened Wildlife and Plants: Public Hearing on

Proposed Rule to List the Northern Population of the Bog Turtle as

Threatened and the Southern Population as Threatened Due to Similarity

of Appearance

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of public hearing.

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SUMMARY: The U.S. Fish and Wildlife Service gives notice that a public

hearing will be held on the Service's proposal to list the northern

population of the bog turtle (Clemmys muhlenbergii) as threatened from

New York and Massachusetts south to Maryland; and the southern

population of the bog turtle, which occurs in the Appalachian Mountains

from southern Virginia to northern Georgia, as threatened due to

similarity of appearance to the northern population, with a special

rule, pursuant to the Endangered Species Act of 1973, as amended. The

bog turtle is threatened by a variety of factors which include: habitat

degradation and fragmentation from agriculture and urban development;

habitat succession due to invasive exotic and native plants; and

illegal trade and collection.

DATES: The public hearing will be held April 21, 1997, from 7 p.m. to 9

p.m. (Eastern Standard Time). The formal comment period closes on April

29, 1997.

ADDRESSES: Comments should be sent to Supervisor, Pennsylvania Field

Office, U.S. Fish and Wildlife Service, 315 South Allen Street, Suite

322, State College, Pennsylvania 16801. The public hearing will be held

in the auditorium of the Oley High School, 17 Jefferson Street, Oley,

Pennsylvania.

FOR FURTHER INFORMATION CONTACT:

Mr. Michael McCarthy at the above field office address (814/234-4090;

facsimile 814/234-0748).

SUPPLEMENTARY INFORMATION:

Background

Bog turtles inhabit shallow, spring-fed fens, sphagnum bogs,

swamps, marshy meadows and pastures characterized by soft, muddy

bottoms; clear, cool, slow-flowing water, often forming a network of

rivulets; high humidity; and an open canopy. Unless set back by fire,

beaver activity, grazing, or periodic wet years, open-canopy wetlands

are slowly invaded by woody vegetation and undergo a transition into

closed-canopy, wooded swampland, thus becoming unsuitable for

habitation by bog turtles. The northern populations extends from

southern New York and western Massachusetts southward through western

Connecticut, New Jersey and eastern Pennsylvania, to northern Delaware

and Maryland. Disjunct populations previously occurred in western

Pennsylvania and in the Lake George and Finger Lakes regions of New

York. The western Pennsylvania and Lake George populations have been

extirpated and only a remnant population exists at two remaining sites

in the Finger Lakes region. The southern population occurs in

southwestern Virginia southward through western North Carolina, eastern

Tennessee, northwestern South Carolina and northern Georgia.

The northern population of the bog turtle has declined by

approximately 50 percent. Illegal collection and habitat alteration/

destruction constitute the primary threats to this species. The Service

does not currently consider the southern population of bog turtles to

be biologically threatened or endangered; however, it would be nearly

impossible to prosecute illegal `take' cases if the southern population

was not also listed. The proposed special rule would exempt incidental

take of bog turtles in the southern population from the prohibitions of

the Act. That is, take that results from, but is not the purpose of,

carrying out an otherwise lawful activity would not be prohibited for

the southern population.

On January 29, 1997, the Service published a proposal in the

Federal Register (62 FR 4229) to list the northern population of the

bog turtle as threatened and the southern population as threatened due

to similarity of appearance under the Act as amended. Section

4(b)(5)(E) of the Act requires that a public hearing be held if

requested within 45 days of the proposal's publication in the Federal

Register. A public hearing request was received within the allotted

time period from Mr. Gary L. Hoffman, Chief Engineer for the

Commonwealth of Pennsylvania Department of Transportation, Harrisburg,

Pennsylvania. The Service has scheduled a hearing on April 21, 1997,

from 7:00 to 9:00 p.m. (Eastern Standard Time), at the auditorium of

the Oley High School, 17 Jefferson Street, Oley, Pennsylvania. Those

parties wishing to make a statement for the record are encouraged to

provide a copy of their statement to the Service at the start of the

hearing. Oral statements may be limited in length if the number of

parties present at the hearing necessitates such a limitation. There

are, however, no limits to the length of written comments or materials

presented at the hearing or mailed to the Service. Comments from all

interested parties must be received by April 29, 1997.

Author: The primary author of this notice is Mr. Michael L.

McCarthy, Pennsylvania Field Office, U.S. Fish and Wildlife Service,

315 South Allen Street, Suite #322, State College, Pennsylvania 16801.

Authority: The authority for this action is the Endangered

Species Act (16 U.S.C. 1531-1544).

Dated: March 27, 1997.

Cathy Short,

Deputy Regional Director, Region 5.

[FR Doc. 97-8510 Filed 4-2-97; 8:45 am]

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