[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Proposed Rules]
[Pages 13105-13106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5880]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC22


Endangered and Threatened Wildlife and Plants; Notice of Six-
Month Extension and Reopening of Public Comment Period on the Proposed 
Rule to List the Barton Springs Salamander as an Endangered Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of extension and reopening of comment period on proposed 
rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice that 
the deadline to determine whether the Barton Springs salamander 
(Eurycea sosorum) is an endangered species is being extended for up to 
6 months. The comment period on the proposal is reopened.

DATES: The new deadline for final action on the proposed listing of the 
Barton Springs salamander as an endangered species is August 17, 1995. 
The reopened comment period closes May 17, 1995.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to the U.S. Fish and Wildlife Service, Austin Ecological Services 
Field Office, 10711 Burnet Road, Suite 200, Austin, Texas 78758. 
Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
address.

FOR FURTHER INFORMATION CONTACT: Texas State Administrator, U.S. Fish 
and Wildlife Service, Ecological Services, 10711 Burnet Road, Suite 
200, Austin, Texas 78758 (telephone [512] 490-0057, fax [512] 490-
0974).

SUPPLEMENTARY INFORMATION:

Background

    The proposed rule to list the Barton Springs salamander as an 
endangered species was published on February 17, 1994 (59 FR 7968). The 
primary threat to this species is contamination of the waters that 
supply Barton Springs by potential catastrophic events and chronic 
degradation resulting from urban activities. Also of concern are 
disturbances to the salamander's surface habitat (the waters in Barton 
Springs, Eliza Pool, and Sunken Garden Springs) and reduced groundwater 
supplies resulting from increased groundwater withdrawal.
    The comment period on the proposed rule originally closed April 18, 
1994. It was reopened May 26, 1994, and closed July 1, 1994. During the 
comment periods and subsequent to the close of comment on this 
proposal, the Service has received recommendations and information 
relevant to a final decision on the listing of the salamander. In order 
to adequately incorporate all available pertinent information in the 
deliberation leading to a decision and to ensure an opportunity for 
public comment on as complete an administrative record as possible, the 
deadline for final action on this proposal is being extended and the 
comment period reopened.
    The Service has received several comments regarding the adequacy of 
search efforts to determine if the currently known distribution is 
restricted solely to the Barton Springs complex. Comments received from 
scientific experts refer to extensive search efforts in springs 
throughout a several-county area. However, a few caves were identified 
that may support the salamander, but that had not been adequately 
surveyed.
    On September 19, 1994, the Barton Springs/Edwards Aquifer 
Conservation District submitted a report titled, Barton Springs/Edwards 
Aquifer Hydrogeology and Water Quality, to the Service. The report 
appears to contain significant new information regarding water quality 
throughout the Barton Springs/Edwards Aquifer system. Water quality 
data contained in this report may provide important information on the 
effects of existing and historical land use on water quality, and 
potential threats to the Barton Springs salamander. The Service 
considers it important that this report be entered into the record and 
made available for public comment before a final decision is made on 
the listing.
    In October 1994 the Texas Parks and Wildlife Department appointed 
an Aquatic Biological Advisory Team specifically to consider the 
conservation and research needs of three species of Eurycea, including 
the Barton Springs salamander. The team will not report its findings 
and recommendations for several more months; the Service believes that 
this team's results should be considered in reaching a final listing 
decision.
    In February 1995 the Governor of Texas requested that the Secretary 
of the [[Page 13106]] Interior delay final decision on the proposal for 
6 months to provide the State an opportunity to take conservation 
measures for the salamander that would make federal listing 
unnecessary. The Texas Parks and Wildlife Department (TPWD) also 
supported an extension, indicated that all reasonable actions in 
support of conserving the species had not been exhausted, and expressed 
reservations concerning the documentation of the range of the species 
and threats to it. TPWD also expressed interest in using the extension 
to better ascertain the status of biological issues and to pursue State 
and local conservation options; the Service will welcome any assistance 
the State of Texas might provide toward these ends. The Act pays 
special deference to the views of the States in the listing of species, 
requiring that State identification of a species as in danger of 
extinction be considered in listing species under the Act (section 
4(b)(1)(B)(ii)), that States be notified of proposed listings (section 
4(b)(5)(A)(ii)), and that States be provided specific explanations of 
listing decisions that are counter to State recommendations (section 
4(i)). The Service intends to further consider the possible relevance 
of State conservation efforts to the final listing decision.
    The Endangered Species Act allows extension of the normal 1-year 
deadline for taking final actions on a proposal to list species for up 
to 6 months when there is a ``substantial disagreement regarding the 
sufficiency or accuracy of the available data relevant to the 
determination.'' The Service believes that the several unresolved 
issues enumerated above are directly relevant to the sufficiency and 
accuracy of the available data upon which a listing decision may be 
made and consequently is extending the deadline for a decision.
    In order to allow full public comment on these issues as well as 
the proposed listing itself, the Service is reopening the comment 
period until May 17, 1995. Written comments should be submitted to the 
Service office in the Addresses section above. Comments submitted 
during previous comment periods will be considered and need not be 
resubmitted.

Author

    The primary author of this notice is Sam D. Hamilton, Texas 
State Administrator, 10711 Burnet Road, Suite 301, Austin, Texas 
78758.

Authority

    The Authority for this action is the Endangered Species Act (16 
U.S.C. 1531 et seq.).

    Dated: March 6, 1995.

(Notice: Extension of comment period on proposal to list Barton 
Springs salamander).
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-5880 Filed 3-9-95; 8:45 am]
BILLING CODE 4310-55-P