[Federal Register Volume 62, Number 64 (Thursday, April 3, 1997)]
[Proposed Rules]
[Pages 15873-15874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8510]


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DEPARTMENT OF THE INTERIOR
50 CFR Part 17


Endangered and Threatened Wildlife and Plants: Public Hearing on 
Proposed Rule to List the Northern Population of the Bog Turtle as 
Threatened and the Southern Population as Threatened Due to Similarity 
of Appearance

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of public hearing.

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SUMMARY: The U.S. Fish and Wildlife Service gives notice that a public 
hearing will be held on the Service's proposal to list the northern 
population of the bog turtle (Clemmys muhlenbergii) as threatened from 
New York and Massachusetts south to Maryland; and the southern 
population of the bog turtle, which occurs in the Appalachian Mountains 
from southern Virginia to northern Georgia, as threatened due to 
similarity of appearance to the northern population, with a special 
rule, pursuant to the Endangered Species Act of 1973, as amended. The 
bog turtle is threatened by a variety of factors which include: habitat 
degradation and fragmentation from agriculture and urban development; 
habitat succession due to invasive exotic and native plants; and 
illegal trade and collection.

DATES: The public hearing will be held April 21, 1997, from 7 p.m. to 9 
p.m. (Eastern Standard Time). The formal comment period closes on April 
29, 1997.

ADDRESSES: Comments should be sent to Supervisor, Pennsylvania Field 
Office, U.S. Fish and Wildlife Service, 315 South Allen Street, Suite 
322, State College, Pennsylvania 16801. The public hearing will be held 
in the auditorium of the Oley High School, 17 Jefferson Street, Oley, 
Pennsylvania.

FOR FURTHER INFORMATION CONTACT:
Mr. Michael McCarthy at the above field office address (814/234-4090; 
facsimile 814/234-0748).

[[Page 15874]]

SUPPLEMENTARY INFORMATION: 

Background

    Bog turtles inhabit shallow, spring-fed fens, sphagnum bogs, 
swamps, marshy meadows and pastures characterized by soft, muddy 
bottoms; clear, cool, slow-flowing water, often forming a network of 
rivulets; high humidity; and an open canopy. Unless set back by fire, 
beaver activity, grazing, or periodic wet years, open-canopy wetlands 
are slowly invaded by woody vegetation and undergo a transition into 
closed-canopy, wooded swampland, thus becoming unsuitable for 
habitation by bog turtles. The northern populations extends from 
southern New York and western Massachusetts southward through western 
Connecticut, New Jersey and eastern Pennsylvania, to northern Delaware 
and Maryland. Disjunct populations previously occurred in western 
Pennsylvania and in the Lake George and Finger Lakes regions of New 
York. The western Pennsylvania and Lake George populations have been 
extirpated and only a remnant population exists at two remaining sites 
in the Finger Lakes region. The southern population occurs in 
southwestern Virginia southward through western North Carolina, eastern 
Tennessee, northwestern South Carolina and northern Georgia.
    The northern population of the bog turtle has declined by 
approximately 50 percent. Illegal collection and habitat alteration/
destruction constitute the primary threats to this species. The Service 
does not currently consider the southern population of bog turtles to 
be biologically threatened or endangered; however, it would be nearly 
impossible to prosecute illegal `take' cases if the southern population 
was not also listed. The proposed special rule would exempt incidental 
take of bog turtles in the southern population from the prohibitions of 
the Act. That is, take that results from, but is not the purpose of, 
carrying out an otherwise lawful activity would not be prohibited for 
the southern population.
    On January 29, 1997, the Service published a proposal in the 
Federal Register (62 FR 4229) to list the northern population of the 
bog turtle as threatened and the southern population as threatened due 
to similarity of appearance under the Act as amended. Section 
4(b)(5)(E) of the Act requires that a public hearing be held if 
requested within 45 days of the proposal's publication in the Federal 
Register. A public hearing request was received within the allotted 
time period from Mr. Gary L. Hoffman, Chief Engineer for the 
Commonwealth of Pennsylvania Department of Transportation, Harrisburg, 
Pennsylvania. The Service has scheduled a hearing on April 21, 1997, 
from 7:00 to 9:00 p.m. (Eastern Standard Time), at the auditorium of 
the Oley High School, 17 Jefferson Street, Oley, Pennsylvania. Those 
parties wishing to make a statement for the record are encouraged to 
provide a copy of their statement to the Service at the start of the 
hearing. Oral statements may be limited in length if the number of 
parties present at the hearing necessitates such a limitation. There 
are, however, no limits to the length of written comments or materials 
presented at the hearing or mailed to the Service. Comments from all 
interested parties must be received by April 29, 1997.
    Author: The primary author of this notice is Mr. Michael L. 
McCarthy, Pennsylvania Field Office, U.S. Fish and Wildlife Service, 
315 South Allen Street, Suite #322, State College, Pennsylvania 16801.

    Authority: The authority for this action is the Endangered 
Species Act (16 U.S.C. 1531-1544).

    Dated: March 27, 1997.
Cathy Short,
Deputy Regional Director, Region 5.
[FR Doc. 97-8510 Filed 4-2-97; 8:45 am]
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