[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]
=======================================================================
-----------------------------------------------------------------------
[[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.
-----------------------------------------------------------------------
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]
BILLING CODE 4310-55-P
