[Federal Register Volume 61, Number 181 (Tuesday, September 17, 1996)]
[Proposed Rules]
[Pages 48875-48876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23718]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; Notice of Closure 
of Public Comment Period

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of review; closing of public comment period.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) announces that it 
is closing the public comment period for comments on the process 
whereby the Service identifies candidates for addition to the lists of 
endangered or threatened wildlife and plants. The proposed changes were 
contained in the Candidate Notice of Review (candidate notice) 
published in the Federal Register on February 28, 1996. The Service 
continues to evaluate its current practice of using information 
provided by states and private and public interests to evaluate species 
for potential listing under the Endangered Species Act. Based on public 
comments, the Service may make policy changes to the candidate species 
and notice of review process. The Service continues to accept 
information on the biological status and threats facing any individual 
species until further notice.

DATES: Comments of a general nature, including comments that are 
related to the process whereby species are identified as candidates for 
protection under the Endangered Species Act of 1973 (Act), as amended, 
will be accepted and considered until October 17, 1996.

ADDRESSES: Comments on the Service's candidate notice process should be 
directed 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.

FOR FURTHER INFORMATION CONTACT: E. LaVerne Smith, Chief, Division of 
Endangered Species, U.S. Fish and Wildlife Service, 703-358-2171 (see 
ADDRESSES section).

SUPPLEMENTARY INFORMATION:

Background

    On February 28, 1996, the Service published a revised candidate 
notice of review in the Federal Register (61 FR 7596) that announced 
changes to the way the Service identifies species that are candidates 
for listing under the Endangered Species Act of 1973, as amended (16 
U.S.C. 1531 et seq.). For reasons outlined in the candidate notice, the 
Service noted its intention to discontinue maintaining a list of 
species that were previously identified as ``category-2 candidates.'' 
Category-2 candidates were species for which the Service had 
information indicating that protection under the Act may be warranted 
but for which it lacked sufficient information on status and threats to 
justify preparation of a proposed listing.
    In addition to soliciting biological information on taxa that are 
candidates for listing under the Act, the Service also solicited public 
comments of a general nature (61 FR 7596; February 28, 1996) when it 
announced the revisions to the candidate identification process. The 
candidate notice specified no closing date for comments of either a 
general, or a species-specific nature. The Service now announces that 
it will consider all public comments on the matter of discontinuing the 
practice of identifying category-2 candidate species that are received 
on or before October 17, 1996. By December 1, 1996, the Service will 
publish a subsequent notice in the Federal Register addressing all 
comments received and indicating a final decision on this issue and how 
the Service intends to identify species that are under consideration 
for possible addition to the list of endangered or threatened species.
    As solicited in the Service's February 28, 1996 candidate notice 
(61 FR 7596), comments and information relating to the biological 
status and threats of particular taxa that are, or should be, regarded 
as candidates for protection under the Act may be submitted at any time 
to the Regional Director of the Region identified as having lead 
responsibility. Biological status and threat information for species 
that do not have a designated lead Region should be submitted to the 
Division of Endangered Species, Washington, D.C.

National Environmental Policy Act

    The Service does not consider any decision to discontinue the 
maintenance of a list of category-2 candidate species in notices of 
review to be a major Federal action significantly affecting the human 
environment for purposes of the National Environmental Policy Act 
(NEPA) of 1969 (42 U.S.C. 4321 et seq.). Further, the Department of the 
Interior's Departmental Manual (DM) categorically excludes, 
``Activities which are educational, informational, advisory or 
consultative to other agencies, public or private entities, visitors, 
individuals, or the general public'' (516 DM 2, Appendix 1, item 1.11). 
Notices of review serve the purpose of informing Federal agencies, 
state agencies, and the general public of taxa that are candidates for 
possible addition to the lists of endangered or threatened wildlife and 
plants. They also serve as data-gathering tools to assist the Service 
in developing the best available scientific and commercial data on such 
taxa. There is no statutory or regulatory mandate on how to structure 
or when to publish these notices. Thus, even if the Service's decision 
to discontinue maintenance of a list of species of concern as category-
2 candidates in notices of review were considered an ``action'' for 
purposes of

[[Page 48876]]

NEPA, such would fall within this categorical exclusion. The Service 
also believes that the exceptions to categorical exclusions (516 DM 2, 
Appendix 2) would not be applicable to such a decision, especially in 
light of the absence of environmental effects for such action.

Authority

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

    Dated: September 6, 1996
John G. Rogers
Acting Director, Fish and Wildlife Service.
[FR Doc. 96-23718 Filed 9-16-96; 8:45 am]
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