[Federal Register Volume 59, Number 182 (Wednesday, September 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23476]


[[Page Unknown]]

[Federal Register: September 21, 1994]


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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

50 CFR Part 17

 

Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
Petition To Add the Flatwoods Salamander to the List of Endangered and 
Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of recision of previous 90-day petition finding for the 
flatwoods salamander, and issuance of a new finding.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) rescinds the 
previous 90-day finding made on a petition to list the flatwoods 
salamander (Ambystoma cingulatum) as an endangered or threatened 
species pursuant to the Endangered Species Act (Act) of 1973, as 
amended. The previous finding, made on May 6, 1993, indicated that the 
petition did not present substantial information that the petitioned 
action may be warranted. The current finding, based upon recent changes 
to the Service's draft internal guidance for petition management, is 
that the petition presents substantial information that the requested 
action may be warranted. A formal review of the species' status is 
initiated pursuant to the current 90-day finding.

DATES: The finding announced in this document was made on September 16, 
1994. To be considered in the 12-month finding for this petition, 
information and comments should be submitted to the Service by November 
21, 1994.

ADDRESSES: Comments and information concerning this petition should be 
sent to the U.S. Fish and Wildlife Service, 6578 Dogwood View Parkway, 
Suite A, Jackson, Mississippi 39213. The petition, finding and 
supporting data are available for public inspection, by appointment, 
during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT:
Ms. Linda LaClaire at the above address.

SUPPLEMENTARY INFORMATION: 

Background

    Section 4(b)(3)(A) of the Act, as amended, requires that the 
Service make a finding on whether a petition to list, delist or 
reclassify a species presents substantial scientific or commercial 
information to demonstrate that the petitioned action may be warranted. 
To the maximum extent practicable, the finding shall be made within 90 
days following receipt of the petition and promptly published in the 
Federal Register. The Service must also commence a timely status review 
of the petitioned species if its accompanying information results in a 
positive finding. Following a positive 90-day finding, Section 
4(b)(3)(B) of the Act requires the Service to make a 12-month finding 
as to whether the petitioned action is: (1) Not warranted, (2) 
warranted; or (3) warranted but precluded by other listing activity.
    On May 18, 1992, the Service received a petition from the 
Biodiversity Legal Foundation and Ms. Elizabeth Carlton to list the 
flatwoods salamander as endangered or threatened and to designate 
critical habitat. The petition states that available evidence indicates 
the population of the flatwoods salamander has declined precipitously, 
that it is on the threshold of extirpation in many locations, that it 
has been extirpated from a large portion of its historic range, and 
that it has suffered rapid decline in National Forests. After a review 
of all available information, the Service made a 90-day petition 
finding on May 6, 1993, that the petition did not present substantial 
information that the petitioned action may be warranted; the finding 
was announced in the Federal Register of May 12, 1993 (58 FR 27986). 
The primary basis for the finding was that the petitioners did not 
present any information not already in possession of the Service, and a 
status review of the species was already in progress through the 
inclusion of the species as a category 2 candidate in the Service's 
comprehensive notice of review for animal candidates. Category 2 
candidates are taxa for which information in the possession of the 
Service indicates that proposing to list as endangered or threatened is 
possibly appropriate, but for which conclusive data on biological 
vulnerability and threat are not currently available to support 
proposed rules.
    On August 12, 1993, the Biodiversity Legal Foundation and Elizabeth 
Carlton notified the Service of intent to file a lawsuit challenging 
the 90-day finding, and on April 25, 1994, suit was filed. In response 
to the agreed settlement, and based upon the Service's current draft 
guidance relating to petitions for listing category 2 candidate 
species, the 90-day finding made on May 6, 1993, is rescinded, and it 
is replaced by a finding indicating that the petitioners have presented 
substantial information that the requested action may be warranted. The 
Endangered Species Act does not indicate that designation of critical 
habitat is a petitionable action, but the Service will consider such 
designation in the event that the flatwoods salamander is proposed for 
listing. A status review of the flatwoods salamander is currently in 
progress in connection with the Service's notice of review for animal 
candidates. Additionally, the Service hereby announces its formal 
review of the species' status pursuant to this 90-day petition finding. 
Public comments regarding population trends, biological vulnerability 
and threats to this species should be sent to the office specified in 
the ADDRESSES section.

Author

    The primary author of this document is Ms. Linda LaClair (see 
ADDRESSES section).

Authority

    The authority for this action is the Endangered Species Act (16 
U.S.C. 1531-1544).

    Dated: September 16, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-23476 Filed 9-19-94; 1:42 pm]
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