[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Proposed Rules]
[Pages 32413-32415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15899]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC22
Endangered and Threatened Wildlife and Plants; Reopening of
Comment Period on Proposed Endangered Status for Barton Springs
Salamander
AGENCY: Fish and Wildlife Service, Interior.
[[Page 32414]]
ACTION: Proposed rule; notice of reopening of comment period.
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SUMMARY: The Fish and Wildlife Service provides notice that the comment
period on the proposed endangered status for Barton Springs salamander
(Eurycea sosorum) is reopened.
DATES: Comments from all interested parties must be received by July
24, 1996. Although every effort will be made to consider comments
received up to July 24, 1996 the Fish and Wildlife Service may be
required to close the comment period in advance of July 24, 1996 in
order to comply with any orders of the court in Save Our Springs Legal
Defense Fund v. Babbitt, Civil No. MO-95-CA-230 (W.D. Tex.), ongoing
litigation involving this rulemaking.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Field Supervisor, U.S. Fish and Wildlife Service, 10711
Burnet Road, Suite 200, Austin, Texas 78758. Comments and materials
received will be available for public inspection, by appointment,
during normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Field Supervisor (see ADDRESSES
section) (512/490-0057).
SUPPLEMENTARY INFORMATION: A proposed rule to list the Barton Springs
salamander as endangered was published on February 17, 1994 (59 FR
7968). The primary threat to this species is contamination of waters in
the portion of the Edwards Aquifer that feeds the springs, due to
catastrophic events (such as hazardous materials spills) and chronic
degradation resulting from urban activities. Also of concern are
reduced groundwater supplies due to increased groundwater withdrawal
and pool maintenance operations where the salamander occurs. This
proposal, if made final, will implement Federal protection provided by
the Act for the Barton Springs salamander.
The comment period on this proposed rule originally closed April
18, 1994. It was reopened on May 26, 1994, and again on March 10, 1995.
The last comment period closed May 17, 1995. On April 10, 1995, Public
Law 104-06 imposed a moratorium preventing addition of any species to
the Threatened and Endangered Species List. Through a series of
moratoria, funding restrictions, and continuing resolutions that
prohibition remained in effect until April 26, 1996. On that date, the
Omnibus Appropriations Act, which provided $4,000,000 to the Service to
fund listing activities for the remainder of fiscal year 1996, was
enacted (Pub. L. No. 104-134, 110 Stat. 1321, (1996)). Because the
Service expended $233,000 of this amount during the first six months of
1996 under the rates of operation provided by the various continuing
resolutions, $3,767,000 remains for the balance of the fiscal year (61
FR 24722, 24723; May 16, 1996). The Omnibus Appropriations Act
contained a moratorium on certain listing activities but provided that
the President could waive the moratorium. On April 26, 1996, President
Clinton suspended the provision limiting implementation of Section 4 of
the Act (61 FR 24667; May 16, 1996).
On May 16, 1996, the Service published guidance which set
priorities for the listing program in order to ensure that the scarce
resources available through the end of the fiscal year would provide
the greatest conservation benefit possible (61 FR 24722; Final Listing
Priority Guidance. This guidance identified emergency listings as Tier
1 activities, in other words, the highest priority activity the Service
will undertake during the remainder of the fiscal year. Completing
final determinations for existing proposals, such as the Barton Springs
salamander, are Tier 2 activities, which will be undertaken to the
extent resources are available. Which final determinations will be
completed depends on a number of factors including magnitude and
imminence of threats to the species. Id. at 24727.
Region 2 of the Service, which includes the area inhabited by the
Barton Springs salamander, conducted a prioritization review in
accordance with the Notice of Final Listing Priority Guidance. This
process considered all pending actions to determine whether affected
species faced an emergency situation as defined by Section 4(b)(7) of
the Act, and the Service's implementing regulations. The Barton Springs
salamander has been recommended by Region 2 as its number one priority
for final determination. In determining which species to focus its
listing resources on, Region 2 evaluated the threats to all species
that have been proposed for listing. Region 2 determined that while the
Barton Springs salamander is its number one listing priority, the
threats to the species are not severe enough to warrant emergency
status. However, the Service continues to monitor the status of the
Barton Springs salamander and other Edwards Aquifer species in case
emergency listing becomes necessary. Having given the Barton Springs
salamander top priority, Region 2 has begun, as funds are now again
available, work on making a final decision on this proposed listing.
The Service's Final Listing Priority Guidance notes that the
inaction forced upon the Service by the moratorium and funding
limitations may result in a need to reopen comment periods due to
unresolved questions or the potential for the existence of new
information. (61 FR 24727). (See also 61 FR 9651, 9653) (March 11,
1996; interim guidance). Pursuant to this guidance, it is necessary to
reopen the comment period to ensure the Service has the best scientific
and commercial information currently available to make a final listing
determination regarding the Barton Springs salamander.
The last comment period on the proposal to list the Barton Springs
salamander closed on May 17, 1995, over one year ago. The Service is
aware of new information relevant to listing this species dated after
the close of the comment period. Specifically, proposed regulatory
protection under State authorities including water quality protection
zones, nonpoint source pollution programs, monitoring, and Edwards
Aquifer-specific actions have been brought to the Service's attention.
Since the close of the comment period, the Service has learned that the
State of Texas has proposed and accepted comments on new regulations
governing development in the Barton Springs watershed that would
require the state to review and approve water quality plans submitted
for new developments. The Service has also learned that the Texas
Natural Resource Conservation Commission, the Texas Parks and Wildlife
Department, and the Texas Department of Transportation have entered
into a Memorandum of Understanding concerning water quality protections
during highway construction. These efforts are aimed at protecting
water quality threats, to which were identified as one of the primary
factors threatening the existence of the Barton Springs salamander in
the proposal. (59 FR 7968, 7972). Information on these regulatory
initiatives does not currently exist in the administrative record. To
evaluate effectively whether the existing regulatory structure may
adequately protect the species, the Service must obtain further
information on these developments. The Act requires the Service to base
listing decisions on the ``best scientific and commercial information
available,'' 16 U.S.C. 1533(b)(1)(A), and to consider the ``inadequacy
of existing regulatory mechanisms'' as a factor upon which to base
listing decisions, id. 1533(a)(1)(D). Given these facts, the Service
believes it has an obligation to reopen the public
[[Page 32415]]
comment period on this proposal, while keeping careful watch on the
species' status.
In a letter dated June 3, 1996, Valarie Bristol, Travis County
Commissioner for the County encompassing the Barton Springs segment of
the Edwards Aquifer and Barton Springs itself, requested that the
comment period be reopened in order to accept information regarding the
Balcones Canyonlands Preserve, the Loop 1/Highway 290 Task Force, and
other information. This letter is printed in its entirety here for the
information of potential commenters.
Valarie Bristol,
Travis County Commissioner--Precinct 3, Travis County Administration
Building, 314 W. 11th Street, Room 500, P.O. Box 1748, Austin, Texas
78767, 473-9333
June 3, 1996.
Honorable Bruce Babbitt,
Secretary of the Interior, 1849 C Street, NW, Mailstop 7229,
Washington, D.C. 20240
Dear Secretary Babbitt: As a member of the Travis County
Commissioners' Court, I represent the portion of the county which
includes the Barton Springs segment of the Edwards Aquifer, the five
creeks which overlay it, and the outflow at Barton Springs. This
karst system of water flow is a very special treasure and needs
thoughtful protection of its water quality.
The listing of the Barton Springs salamander under the
Endangered Species Act as an endangered species is a serious
decision that requires full analysis. I am asking that the comment
period on the listing, which was closed in 1994, be re-opened for a
period to allow all significant information which has occurred since
then to become part of the decision.
One major event which has occurred has been the formation of the
Balcones Canyonlands Preserve which sets aside over 30,000 acres in
Travis County, of which 4,000 acres are in the Barton Creek
watershed. The Balcones is an example of a public/private
partnership that brought together the environmental and landowner
communities in an unprecedented level of cooperation for mutual
benefit to preserve eight endangered species.
The Loop 1/Highway 290 Task Force is another example of citizens
and governments trying to balance growth issues (in this case a
highway expansion) with water quality over the aquifer recharge
zone. State Representative Sherri Greenberg and I serve as co-chairs
of the Loop 1/Highway 290 Task Force and we have been gathering
extensive information on the water quality issues surrounding all
highway construction in the aquifer area.
Travis County has completed a road project which included an EPA
funded vegetation experiment to test the best method for cleaning
road area runoff.
These are only a few occurrences whose information may be of
importance in the decision on the salamander. I hope that the
comment period can be re-opened to gather all the relevant
information.
I deeply believe that this community wants to do its part in
understanding and protecting the clear, clean water of the Barton
Springs segment of the Edwards Aquifer.
Sincerely,
Valarie Scott Bristol,
Travis County Commissioner, Precinct Three.
The Texas Natural Resource Conservation Commission has also
requested that the comment period be reopened, citing its regulatory
initiatives described above. This letter is also printed in its
entirety here for the information of potential commenters.
Texas Natural Resource Conservation Commission
June 3, 1996.
The Honorable Bruce Babbitt,
Secretary of the Interior, 1849 C Street N.W., Main Interior
Building, Room 6151, Washington, D.C. 20240
Re: Proposed Listing of Barton Springs Salamander
Dear Secretary Babbitt: The purpose of this letter is to request
that you reopen the comment period concerning the proposed listing
of the Barton Springs Salamander. If the comment period is reopened,
the State of Texas will submit to the Fish and Wildlife Service
additional information regarding state and local efforts to protect
this species and its habitat. TNRCC staff believes there is a
substantial amount of information which has not been considered,
much of which was not even available during the original comment
period.
There are numerous examples of state and local regulations
designed to protect water quality. Some of these were in place at
the time of the original listing proposal and some have been created
or modified subsequent to the proposal and some even subsequent to
closing of the comment period. For example, TNRCC has published
proposed rules governing water quality protection zones and will
soon be publishing proposed revisions to the `Edwards Aquifer
Rules'. Both of these rule packages are scheduled to be considered
by the Commission early this fall. Other examples include highway
construction techniques and water quality monitoring resulting from
legislation enacted last year. We do not believe these have been
properly or adequately taken into account as required by the Act,
particularly in light of the magnitude of the decision on the
proposed listing.
Thank you for your consideration of this request.
Very truly yours,
Barry R. McBee,
Chairman.
The Service is thus reopening the comment period to allow
commenters to provide any additional information or comments they have
on the proposed listing. Although every effort will be made to consider
comments received up to July 24, 1996, the Fish and Wildlife Service
may be required to close the comment period in advance of July 24, 1996
in order to comply with any orders of the court in Save Our Springs
Legal Defense Fund v. Babbitt, Civil No. MO-95-CA-230 (W.D. Tex.),
ongoing litigation involving this rulemaking. Comments submitted during
previous comment periods will be considered and need not be
resubmitted.
Author
The primary author of this notice is Steven Helfert (see ADDRESSES
section).
Authority
The authority for this action is the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
Dated: June 17, 1996.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 96-15899 Filed 6-21-96; 8:45 am]
BILLING CODE 4310-55-P
