[Federal Register Volume 60, Number 217 (Thursday, November 9, 1995)]
[Rules and Regulations]
[Pages 56532-56533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27899]



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[[Page 56533]]


DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; Notice Describing 
Fish and Wildlife Service Priority Listing Activities From October 1, 
1995 Through November 13, 1995

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of priority listing activities.

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SUMMARY: In this notice the Fish and Wildlife Service (Service) 
describes those activities that it believes may be lawfully conducted 
pursuant to section 4 of the Endangered Species Act while operating 
under the continuing resolution from October 1, 1995 through November 
13, 1995. The Service interprets the provisions of the continuing 
resolution to prohibit the issuance of final rules adding species to 
the list of endangered or threatened wildlife and plants. Emergency 
listing and designation of critical habitat are also prohibited. 
Activities the Service believes are authorized include--review and 
issuance of findings on petitions; conducting public hearings and 
accepting public comments on proposed listings and critical habitat 
designations; and preparing, publishing, or withdrawing proposed rules 
to list, delist, or reclassify species. Highest priority listing 
activities during the period covered by the continuing resolution will 
include--completing ongoing public comment periods and conducting 
scheduled or requested public hearings; completing review and 
publishing findings on petitions received prior to July 15, 1995; and 
processing listing actions that would delist species or reclassify 
endangered species to threatened species.

DATES: This notice governs Service priorities and policies from October 
1, 1995 through November 13, 1995.

ADDRESSES: Interested persons or organizations should submit comments 
to the Chief, Division of Endangered Species, U.S. Fish and Wildlife 
Service, 1849 C Street, N.W., Mailstop ARLSQ-452, Washington, D.C. 
20240 (703-358-2171 voice, 703-358-1735 facsimile).

FOR FURTHER INFORMATION CONTACT: Chief, Division of Endangered Species 
(see ADDRESSES section).

SUPPLEMENTARY INFORMATION: Public Law 104-6, enacted April 10, 1995, 
amended Public Law 103-332 (the Interior appropriations act for fiscal 
year 1995) by placing a moratorium on certain activities conducted 
pursuant to section 4 of the Endangered Species Act of 1973 (Act), as 
amended (16 U.S.C. 1531 et seq.). The moratorium prohibited the Service 
from adding species to the lists of endangered or threatened wildlife 
and plants, including emergency listings, and also prohibited the 
Service from designating critical habitat for listed species. These 
moratorium provisions were to lapse on October 1, 1995.
    Language included in section 101(a) of the continuing resolution 
(H.J. Res. 108) specifies that activities conducted in fiscal year 1995 
continue in the first six weeks of fiscal year 1996 under the authority 
and conditions provided in the applicable appropriations Act for the 
fiscal year 1995. The Service interprets this language to extend the 
moratorium provisions of Public Law 104-6 until the expiration of the 
continuing resolution on November 13, 1995. Therefore, the Service 
believes that it is expressly prohibited from adding species to the 
lists of endangered or threatened wildlife and plants, and from 
designating critical habitat, during the period October 1, 1995 through 
November 13, 1995.
    Actions that the Service believes are permitted under the authority 
of section 4 of the Act while operating under the continuing resolution 
include--review and publication of findings on petitions to list, 
reclassify, delist, or designate critical habitat; review of candidate 
species status; production of proposals to add species to the lists of 
endangered or threatened wildlife and plants; and conducting public 
hearings on proposed listings.
    The Service is also experiencing funding constraints under the 
continuing resolution and foresees a significant decrease in the funds 
available for listing activities in fiscal year 1996. The limited 
amount of resources means that the Service must carefully prioritize 
its listing activities. To most effectively use the available funds, 
the Service will limit listing activities from October 1, 1995 through 
November 13, 1995 to the following:
    Completing ongoing comment periods and conducting scheduled or 
requested public hearings for proposed listings.
    Completing review and findings on petitions received prior to July 
15, 1995.
    Completing review of actions that would delist, reclassify, or 
withdraw proposed listing for a variety of species.
    The Service intends to discontinue work on preparation of proposed 
listings and critical habitat designations because completion of such 
actions prior to November 13, 1995 would be unlikely. The Department of 
Justice has been requested to seek appropriate relief from pending 
court orders and settlement agreements. Action on proposed listings 
issued in fiscal year 1995 will cease once the public comment period 
closes (generally 60 days after publication of the proposed rule in the 
Federal Register).

Authority

    This notice is published under the authority of the Endangered 
Species Act (16 U.S.C. 1531 et seq.).

    Dated: November 3, 1995.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 95-27899 Filed 11-8-95; 8:45 am]
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