# 62 FR 15873: 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 > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-8510 ## Section - **Citation:** 62 FR 15873 - **Heading:** 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 - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Federal Register / Vol. 62 / 62 FR 15873 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 4310-55-M ## Nearby sections - [62 FR 55 Oranges and Grapefruit Grown in the Lower Rio Grande Valley in Texas; Reapportionment of Membership on the Texas Valley Citrus Committee](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-33328.md) - [62 FR 84 Television Broadcasting Services; Pueblo, CO](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-33340.md) - [62 FR 210 Proposed Implementation Requirements for Reduction of Sulfur Oxide (Sulfur Dioxide) Emissions](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-32978.md) - [62 FR 333 General Crop Insurance Regulations, Fresh Market Sweet Corn Endorsement; and Common Crop Insurance Regulations, Fresh Market Sweet Corn Crop Insurance Provisions](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-62.md) - [62 FR 348 Proposed Establishment of Class E Airspace; Stuart, VA](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-79.md) - [62 FR 695 Approval and Promulgation of Implementation Plans; Ohio](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-195.md) - [62 FR 949 Airworthiness Directives; Airbus Industrie Model A320 and A321 Series Airplanes](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-252.md) - [62 FR 1064 Proposed amendment of Class E airspace, Jackson, Wyoming](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-313.md) - [62 FR 1298 Airworthiness Directives; Pratt & Whitney JT8D Series Turbofan Engines](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-469.md) - [62 FR 1408 Surface Coal Mining and Reclamation Operations Under the Federal Lands Program; State-Federal Cooperative Agreements; Montana](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-582.md) - [62 FR 1705 Royalty Rate Reduction for Stripper Oil Properties](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-738.md) - [62 FR 2000 Implementation of the Housing for Older Persons Act of 1995](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-840.md) - [62 FR 2048 Executive Branch Financial Disclosure, Qualified Trusts, and Certificates of Divestiture](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-961.md) - [62 FR 2633 Books and Records Requirements for Brokers and Dealers Under the Securities Exchange Act of 1934](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-1221.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_97-8510. 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