[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Proposed Rules]
[Pages 36020-36021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17222]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC63


Endangered and Threatened Wildlife and Plants; Reopening of 
Comment Period on Proposed Endangered Status for Five Freshwater 
Mussels and Proposed Threatened Status for Two Freshwater Mussels From 
Eastern Gulf Slope Drainages of Alabama, Florida, and Georgia

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: The Fish and Wildlife Service provides notice that the comment 
period is reopened on a proposal to list the fat three-ridge, shiny-
rayed pocketbook, Gulf moccasinshell, Ochlockonee moccasinshell, and 
oval pigtoe as endangered, and the Chipola slabshell and purple 
bankclimber as threatened, pursuant to the Endangered Species Act of 
1973 (Act), as amended. The Service is reopening the comment period on 
this proposal to allow members of the public to submit comments on 
these proposals.

DATES: The comment period on this proposal is extended until July 26, 
1996.

ADDRESSES: Written comments and materials concerning the proposal 
should be sent to the Field Supervisor, U.S. Fish and Wildlife Service, 
6620 Southpoint Drive South, Suite 310, Jacksonville, Florida, 32216. 
Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
address.

FOR FURTHER INFORMATION CONTACT: Robert S. Butler at the above address 
(telephone: 904/232-2580, fax 904/232-2404).

SUPPLEMENTARY INFORMATION:

Background

    On August 3, 1994, the Service proposed to add seven freshwater 
mussels (fat three-ridge, shiny-rayed pocketbook, Gulf moccasinshell, 
Ochlockonee moccasinshell, oval pigtoe, Chipola slabshell, and purple 
bankclimber) to the list of endangered and threatened animals (59 FR 
39524). These seven species are endemic to the Apalachicolan Region of 
the eastern Gulf Slope, defined as the rivers from the Escambia River 
in the west to the Suwannee River in the east. These drainages comprise 
southeast Alabama, southwest Georgia, and north Florida.
    Section 4(b)(5)(E) of the Endangered Species Act of 1973, as 
amended, requires that a public hearing be held if it is requested 
within 45 days of the publication of a proposed rule. By September 19, 
1994, the Service had received 12 public hearing requests on the 
proposal to list these seven mussels. The Service conducted five public 
informational meetings and five public hearings in January 1995. A 
notice of the public informational meetings, public hearings, and 
reopening of the comment period until February 10, 1995, was published 
in the Federal Register on December 12, 1994 (59 FR 63987). In a 
Federal Register notice appearing on April 24, 1995 (60 FR 20072), the 
Service extended the open comment period until May 5, 1995.
    A moratorium on listing actions (Public Law 104-6) took effect 
April 10,

[[Page 36021]]

1995, and prevented the Service from making a final decision on these 
proposals by the August 1995 administrative deadline. The moratorium 
was lifted on April 26, 1996, when the appropriation for the Department 
of the Interior for the remainder of fiscal year 1996 was enacted into 
law. In a Federal Register document published on May 16, 1996 (61 FR 
24722), the Service outlined in detail the history of the moratorium 
and indicated the priorities it would follow in eliminating the listing 
program backlog resulting from the moratorium. Preparation of final 
rules for these proposed species is considered a Tier 2 priority--
processing final decisions on proposed listings. For more information 
on the moratorium and the priority for backlogged listing actions, 
refer to the May 15, 1996, Federal Register notice.
    The Service hereby announces another reopening of the comment 
period until July 26, 1996. Reopening of the comment period will allow 
the Service to accept information on scientific studies conducted since 
the comment period last closed on May 5, 1995. Any other comments from 
the interested public will also be solicited concerning these 
proposals.

Author

    The primary author of this notice is Robert S. Butler, Jacksonville 
Field Office, U.S. Fish and Wildlife Service, 6620 Southpoint Drive 
South, Suite 310, Jacksonville, Florida 32216 (904/232-2580 or fax 904/
232-2404).

    Authority: The authority for this action is the Endangered 
Species Act (16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted).

    Dated: July 1, 1996.
Noreen K. Clough,
Regional Director, Southeast Region, Fish and Wildlife Service.
[FR Doc. 96-17222 Filed 7-8-96; 8:45 am]
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