[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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