[Federal Register Volume 59, Number 105 (Thursday, June 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13375]
[[Page Unknown]]
[Federal Register: June 2, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AB
Endangered and Threatened Wildlife and Plants; Notice of
Availability of Data Pertaining to the Subspecies Taxonomy of the
California Gnatcatcher
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability, opening of public comment period.
-----------------------------------------------------------------------
SUMMARY: The Fish and Wildlife Service (Service) listed the coastal
California gnatcatcher (Polioptila californica californica) as a
threatened species on March 25, 1993. On May 2, 1994, this listing was
invalidated by the United States District Court for the District of
Columbia on the basis that the Secretary of the Interior failed to
obtain and make available for public review and comment the data
underlying a published scientific report on the subspecific taxonomy of
the California gnatcatcher. In response to the court's decision the
author of that report has provided these data to the Service. The
Service if seeking public comment on these data.
DATES: Comments and materials must be received August 1, 1994.
ADDRESSES: Copies of the subject data are available from the U.S. Fish
and Wildlife Service, Carlsbad Field Office, 2730 Loker Avenue West,
Carlsbad, California, 92008. Comments and materials concerning these
data should be submitted to the above address. The data, public
comments, and other materials received will be available for public
inspection, by appointment, during normal business hours at the above
address.
FOR FURTHER INFORMATION CONTACT: Gail Kobetich, Field Supervisor, at
the address listed above (619/431-9440; facsimile 619/431-9624).
SUPPLEMENTARY INFORMATION:
Background
On March 30, 1993, the U.S. Fish and Wildlife Service published a
final rule in the Federal Register determining the coastal California
gnatcatcher to be a threatened species (58 FR 16741). In its decision
to list the gnatcatcher the Service relied, in part, on taxonomic
studies conducted by Dr. Jonathan Atwood of the Manomet Bird
Observatory, Manomet, Massachusetts. As is standard practice in the
scientific community, the Service did not request, nor was it offered,
the data used by Dr. Atwood in reaching his conclusions. Instead, the
Service relied upon the conclusions published in Dr. Atwood's peer
reviewed scientific report on the subspecific taxonomy of the
California gnatcatcher (Atwood 1991). This report was used by the
Secretary to support, in part, a finding that the southern range limit
of the coastal California gnatcatcher occurs at 30 degrees north
latitude in Baja California, Mexico.
The Building Industry Association of Southern California (BIA) and
others filed suit in Federal court challenging the listing on several
grounds, including the claim that the Service was legally required to
obtain and make Atwood's data available for review and comment. On May
2, 1994, the court ruled in favor of the BIA and vacated the listing.
In response to the court's decision, Dr. Atwood has agreed to release
his data to the Service. With this notice, the Service makes available
for public review and comment Dr. Atwood's data.
The Secretary has filed a motion for reconsideration of the court's
decision and, alternatively, a motion to stay the portion of the
decision that vacated the listing while the Service receives public
comment on these data. These motions are currently pending before the
court. The Service is also reviewing several other options to provide
the protection of the Endangered Species Act to the gnatcatcher. These
options include appealing the court's decision, listing the gnatcatcher
on an emergency basis, and proposing a new rule to list the
gnatcatcher.
The Service solicits public comments on Dr. Atwood's data in order
to assist it in further evaluating the decision to list the coastal
California gnatcatcher pursuant to the Endangered Species Act.
References Cited
Atwood, J.L. 1991. Subspecies limits and geographic patterns of
morphological variation in California gnatcatchers (Polioptila
californica). Bull. Southern California Acad. Sci. 90(3):118-133
Authority
The authority for this action is the Endangered Species Act (16
U.S.C. 1531 et seq.).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Dated: May 25, 1994.
Thomas J. Dwyer,
Acting Regional Director, Region I, U.S. Fish and Wildlife Service.
[FR Doc. 94-13375 Filed 6-11-94; 8:45 am]
BILLING CODE 4310-55-M
