[Federal Register Volume 59, Number 165 (Friday, August 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21068]


[[Page Unknown]]

[Federal Register: August 26, 1994]


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DEPARTMENT OF INTERIOR

Fish and Wildlife Service

50 CFR Part 17

 

Endangered and Threatened Wildlife and Plants; Notice of 
Extension of Comment Period on Data Pertaining to the Subspecies 
Taxonomy of the California Gnatcatcher

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of extension of public comment period.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice that 
the comment period on the data pertaining to the subspecies taxonomy of 
the California gnatcatcher is extended. The notice of availability 
opening the public comment period was published on June 2, 1994 (59 FR 
28508) and opened the comment period until August 1, 1994. On July 28, 
1994, the Service extended the comment period to August 31, 1994 (59 FR 
38426). This notice extends the comment period until October 31, 1994.

DATES: Comments and materials must be received by October 31, 1994.

ADDRESSES: Copies of the subject data are available from the U.S. Fish 
and Wildlife Service, Carlsbad Field Office, 2730 Loker Avenue West, 
Carlsbad, California 92008. Comments and materials concerning these 
data should be submitted to the above address.

FOR FURTHER INFORMATION CONTACT:

Gail Kobetich, Field Supervisor, at the address listed above (telephone 
619/431-9440, facsimile 619/431-9624).

SUPPLEMENTARY INFORMATION:

Background

    On March 30, 1993, the U.S. Fish and Wildlife Service (Service) 
published a final rule in the Federal Register determining the coastal 
California gnatcatcher to be a threatened species (58 FR 16741). In its 
decision to the list the gnatcatcher, the Service relied, in part, on 
taxonomic studies conducted by Dr. Jonathan Atwood of the Manomet Bird 
Observatory, Manomet, Massachusetts. As is the standard practice in the 
scientific community, the Service did not request, nor was it offered, 
the data collected and used by Dr. Atwood in reaching his conclusions. 
Instead, the Service depended upon the conclusions published by Dr. 
Atwood in a peer-reviewed scientific article on the subspecific 
taxonomy of the California gnatcatcher (Atwood 1991).
    In response to a suit filed by the endangered Species Committee of 
the Building Industry Association of Southern California and the other 
plaintiffs, the United States District Court of the District of 
Columbia vacated the listing of the coastal California gnatcatcher 
because the Service did not make available Atwood's data for public 
review and comment. In response to the court decision, Dr. Atwood 
released his data to the Service, which the agency made available to 
the public for review and comment on June 2, 1994. On June 16, 1994, 
the court reinstated threatened status for the coastal California 
gnatcatcher until the Secretary of the Interior determines in a finding 
whether the listing should be revised or revoked in light of his review 
of the subject data and public comments received during the comment 
period. as a result of the court order of July 27, 1994, the Secretary 
must publish this finding in the Federal Register by December 31, 1994.
    On July 1, 1994, the plaintiffs requested a 100-day extension in 
the comment period. Because the Secretary had no objection to a 30-day 
extension, both parties agreed to an extension in the comment period to 
August 31, 1994, which the Service published in the Federal Register on 
July 28, 1994 (59 FR 38426). On July 27, 1994, the court ordered the 
comment period extended to October 31, 1994.

References Cited

Atwood, J.L. 1991. Subspecies limits and geographic patterns of 
morphological variation in California gnatcatchers (Polioptila 
californica). Bulletin of the southern California Academy Sciences 
90:118-133.

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.)

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.
Thomas J. Dwyer,
Acting Regional Director, Region 1, U.S. Fish and Wildlife Service.
[FR Doc. 94-21068 Filed 8-25-94; 8:45 am]
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