[Federal Register Volume 60, Number 157 (Tuesday, August 15, 1995)]
[Proposed Rules]
[Pages 42140-42141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20109]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB75 and 1018-AC09


Endangered and Threatened Wildlife and Plants; Reopening of 
Comment Period on Proposed Rules To List the Copperbelly Water Snake 
and Lake Erie Water Snake as Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) is reopening the 
comment period on the proposals to list the copperbelly water snake 
(Nerodia erythrogaster neglecta) and the Lake Erie water snake (Nerodia 
sipedon insularum) as threatened species. The copperbelly water snake 
occupies portions of southern Michigan, northwestern Ohio and adjacent 
northeastern Indiana, southern Indiana, southeastern Illinois, and 
western Kentucky. The Lake Erie water snake is found only on the Ohio 
and Ontario islands of western Lake Erie and the adjacent mainland of 
Ohio.

DATES: The comment period on the two proposals is reopened, effective 
immediately, and will close on September 30, 1995.

ADDRESSES: Comments and materials concerning these proposals should be 
sent to the Division of Endangered Species, Bishop Henry Whipple 
Federal Building, 1 Federal Drive, Ft. Snelling, Minnesota 55111-4056. 
Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at that 
location (612/725-3536; fax 612/725-3526).

FOR FURTHER INFORMATION CONTACT: Robert Adair, Chief, Division of 
Endangered Species, at the above address and phone number.

SUPPLEMENTARY INFORMATION:

Background

    The copperbelly water snake occurs in two disjunct populations: (1) 
a southern population in the lower Ohio River Valley and the lower 
Wabash River Valley in southern Indiana, adjacent Illinois, and western 
Kentucky; and (2) a northern population in southern Michigan, 
northeastern Indiana, and northwestern Ohio. The Lake Erie water snake 
is found only on the islands of western Lake Erie and the nearby 
mainland of Ohio. Both species are threatened by habitat destruction 
and direct persecution by humans.
    These two snakes were proposed for Federal listing as threatened 
species on August 18, 1993 (58 FR 43857 and 43860). Public hearings 
were subsequently held in Port Clinton and Put-in-Bay, Ohio, for the 
Lake Erie water snake; and in Indianapolis, Indiana, for the 
copperbelly water snake. Public comment periods were reopened and 
extended to accommodate these hearings (October 12-November 16, 1993, 
58 CFR 52740; March 22-April 21, 1994, 59 CFR 13472; May 13-June 16, 
1994, 59 CFR 25024). The comment period for the copperbelly water snake 
was subsequently reopened two additional times to allow the Service to 
obtain, and for the public to review, additional data concerning 
intergradation of N. e. neglecta with N. e. flavigaster and the status 
of the species in Kentucky (July 11-November 1, 1994, 59 CFR 35307; 
December 15, 1994-January 13, 1995, 59 CFR 64647).
    On April 10, 1995, Public Law 104-6, the Emergency Supplemental 
Appropriations and Rescissions for the Department of Defense to 
Preserve and Enhance Military Readiness Act of 1995 (109 Stat 73), was 
signed and became effective. Language in that act established a 
moratorium on the final determinations of species to be threatened or 
endangered and on the designation of new critical habitat. During this 
period the Service is prohibited from finalizing rules which list 
additional species as threatened or endangered. This moratorium is in 
effect until September 30, 1995.
    While the moratorium is in effect the Service will continue to 
monitor these proposed species, their habitats, and threats to their 
continued existence. The Service will also continue to discuss the 
conservation needs of the species and the appropriateness of listing 
them as threatened or endangered. If opportunities arise, the Service 
will promote and implement conservation actions for the species.
    In order to promote the necessary free and open exchange of 
information and continued discussions with interested parties, the 
Service is reopening the comment periods on the proposed listings of 
the Lake Erie water snake and the copperbelly water snake until 
September 30, 1995. If the listing moratorium is extended or shortened 
the Service will modify, by Federal Register notice, the closing date 
of these comment periods, as appropriate.
    The Service recognizes that there are no explicit provisions in the 
Endangered Species Act for this additional evaluation and clarification 


[[Page 42141]]
process. We take very seriously our role in evaluating species for 
listing and our statutory duty to consider the best available 
scientific and commercial data. We believe that this additional open 
comment period will allow a full and fair hearing of all information 
presented concerning these two snakes.

Public Comments Solicited
    The Service intends that any final actions resulting from the two 
August 18, 1993, proposals will be as accurate and as effective as 
possible. Therefore, comments or suggestions from the public, other 
concerned governmental agencies, the scientific community, industry, or 
any other interested party concerning these proposed rules continue to 
be solicited by the Service. Comments particularly are sought 
concerning:
    (1) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to these species;
    (2) The location of any additional populations of these species and 
the reasons why any habitat should or should not be determined to be 
critical habitat pursuant to section 4 of the Act;
    (3) Additional information concerning the range, distribution, and 
population size of the two species;
    (4) Current or planned activities in the subject areas and their 
possible impacts on these species.
    Any final promulgation of the regulations on these species will 
take into consideration the comments and any additional information 
received by the Service; such communications may lead to final 
regulations that differ from the proposals of August 18, 1993.

Author

    This notice was prepared by Ronald L. Refsnider (see ADDRESSES 
section).

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

    Dated: July 6, 1995.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 95-20109 Filed 8-14-95; 8:45 am]
BILLING CODE 4310-55-P