[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Pages 37034-37035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17985]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB75


Endangered and Threatened Wildlife and Plants; Reopening of 
Comment Period on Proposed Threatened Status for Copperbelly Water 
Snake

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of reopening of comment period.

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SUMMARY: The Fish and Wildlife Service (Service) provides notice that 
the comment period on the proposed threatened status for the 
copperbelly water snake (Nerodia erythrogaster neglecta) is reopened. 
This snake occupies portions of southern Michigan, northwestern Ohio 
and adjacent northeastern Indiana, southern Indiana, southeastern 
Illinois, and western Kentucky.

DATES: Comments from all interested parties must be received by 
September 16, 1996.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to U.S. Fish and Wildlife Service, 620 South Walker Street, 
Bloomington, Indiana 47403-2121.

FOR FURTHER INFORMATION CONTACT: David Hudak, Field Supervisor, (see 
ADDRESSES section), 812/334-4261 extension 200.

SUPPLEMENTARY INFORMATION:

Background

    A proposed rule to list the copperbelly water snake (sometimes 
referred to as the northern copperbelly water snake) as threatened was 
published on August 18, 1993 (58 FR 43860). A public hearing on the 
proposal was held in Indianapolis on April 4, 1994, and the comment 
period for this proposed rule was extended or reopened five times, with 
the last comment period closing on September 30, 1995 (60 FR 42140, 
August 15, 1995).
    Following the December 15, 1994, to January 13, 1995, comment 
period the Service again began evaluating all available scientific and 
commercial data concerning the species' status. On April 10, 1995, 
Public Law 104-06 imposed a moratorium which prevented the addition of 
any species to the Threatened and Endangered Species List. Thus, the 
Service was prevented from making a final decision on the proposed 
threatened classification of the copperbelly water snake. The 
moratorium remained in effect until April 26, 1996, at which time 
Public Law 104-134 was enacted, providing for the termination of the 
listing moratorium by the President.
    The Service is required to use the best available scientific and 
commercial data in making listing determinations under the Endangered 
Species Act of 1973 (Act), as amended. The Service's Final Listing 
Priority Guidance, published May 16, 1996, (61 FR 24722-24728) notes 
that the inaction forced upon the Service by the moratorium and related 
funding limitations may result in a need to reopen comment periods due 
to unresolved questions or the potential for the existence of new 
information. Pursuant to this Guidance, it is necessary to reopen the 
comment period to ensure that the Service has the best scientific and 
commercial information currently available to use in making a final 
listing determination for the copperbelly water snake.
    During this comment period the Service desires to receive any 
scientific and commercial data that have become available since the 
previous comment period closed on September 30, 1995. If significant 
data are provided that are likely to influence the listing 
determination, the Service will notify the public of the data's 
existence and will provide copies to parties that request them. If 
necessary, the Service will then extend or reopen the comment period to 
allow sufficient time for interested parties to review and comment on 
the new data.

[[Page 37035]]

    The Service expects to receive a report on the biological status of 
the northern population (southern Michigan and the adjacent portions of 
Indiana and Ohio) of the copperbelly water snake during this comment 
period. Parties wishing to receive a copy of the northern population 
report or other significant data received during this comment period 
are invited to furnish their address to the Service.
    Therefore, by this notice the Service is reopening the comment 
period to solicit and receive additional data and comments on the 
proposal and to receive addresses from parties who want to receive a 
copy of the northern population report. The Service is especially 
interested in receiving data that have become available since the 
September 30, 1995, close of the previous comment period.
    Data and comments which have been previously submitted do not need 
to be resubmitted. When the Service makes its final determination 
whether to list the copperbelly water snake as a threatened species all 
previously received materials will be considered along with newly 
submitted material. Data and comments received during this and earlier 
comment periods may lead to final regulations that differ from the 
proposal of August 18, 1993.

Author

    The primary author of this notice is Ronald L. Refsnider, U.S. Fish 
and Wildlife Service, Division of Endangered Species, Bishop Henry 
Whipple Federal Building, 1 Federal Drive, Ft. Snelling, Minnesota 
55111-4056 (612-725-3536).

Authority

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

    Dated: July 10, 1996.
William F. Hartwig,
Regional Director, Region 3, Fort Snelling, MN.
[FR Doc. 96-17985 Filed 7-15-96; 8:45 am]
BILLING CODE 4310-55-M