[Federal Register Volume 59, Number 182 (Wednesday, September 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23476]
[[Page Unknown]]
[Federal Register: September 21, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
Petition To Add the Flatwoods Salamander to the List of Endangered and
Threatened Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of recision of previous 90-day petition finding for the
flatwoods salamander, and issuance of a new finding.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) rescinds the
previous 90-day finding made on a petition to list the flatwoods
salamander (Ambystoma cingulatum) as an endangered or threatened
species pursuant to the Endangered Species Act (Act) of 1973, as
amended. The previous finding, made on May 6, 1993, indicated that the
petition did not present substantial information that the petitioned
action may be warranted. The current finding, based upon recent changes
to the Service's draft internal guidance for petition management, is
that the petition presents substantial information that the requested
action may be warranted. A formal review of the species' status is
initiated pursuant to the current 90-day finding.
DATES: The finding announced in this document was made on September 16,
1994. To be considered in the 12-month finding for this petition,
information and comments should be submitted to the Service by November
21, 1994.
ADDRESSES: Comments and information concerning this petition should be
sent to the U.S. Fish and Wildlife Service, 6578 Dogwood View Parkway,
Suite A, Jackson, Mississippi 39213. The petition, finding and
supporting data are available for public inspection, by appointment,
during normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT:
Ms. Linda LaClaire at the above address.
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Act, as amended, requires that the
Service make a finding on whether a petition to list, delist or
reclassify a species presents substantial scientific or commercial
information to demonstrate that the petitioned action may be warranted.
To the maximum extent practicable, the finding shall be made within 90
days following receipt of the petition and promptly published in the
Federal Register. The Service must also commence a timely status review
of the petitioned species if its accompanying information results in a
positive finding. Following a positive 90-day finding, Section
4(b)(3)(B) of the Act requires the Service to make a 12-month finding
as to whether the petitioned action is: (1) Not warranted, (2)
warranted; or (3) warranted but precluded by other listing activity.
On May 18, 1992, the Service received a petition from the
Biodiversity Legal Foundation and Ms. Elizabeth Carlton to list the
flatwoods salamander as endangered or threatened and to designate
critical habitat. The petition states that available evidence indicates
the population of the flatwoods salamander has declined precipitously,
that it is on the threshold of extirpation in many locations, that it
has been extirpated from a large portion of its historic range, and
that it has suffered rapid decline in National Forests. After a review
of all available information, the Service made a 90-day petition
finding on May 6, 1993, that the petition did not present substantial
information that the petitioned action may be warranted; the finding
was announced in the Federal Register of May 12, 1993 (58 FR 27986).
The primary basis for the finding was that the petitioners did not
present any information not already in possession of the Service, and a
status review of the species was already in progress through the
inclusion of the species as a category 2 candidate in the Service's
comprehensive notice of review for animal candidates. Category 2
candidates are taxa for which information in the possession of the
Service indicates that proposing to list as endangered or threatened is
possibly appropriate, but for which conclusive data on biological
vulnerability and threat are not currently available to support
proposed rules.
On August 12, 1993, the Biodiversity Legal Foundation and Elizabeth
Carlton notified the Service of intent to file a lawsuit challenging
the 90-day finding, and on April 25, 1994, suit was filed. In response
to the agreed settlement, and based upon the Service's current draft
guidance relating to petitions for listing category 2 candidate
species, the 90-day finding made on May 6, 1993, is rescinded, and it
is replaced by a finding indicating that the petitioners have presented
substantial information that the requested action may be warranted. The
Endangered Species Act does not indicate that designation of critical
habitat is a petitionable action, but the Service will consider such
designation in the event that the flatwoods salamander is proposed for
listing. A status review of the flatwoods salamander is currently in
progress in connection with the Service's notice of review for animal
candidates. Additionally, the Service hereby announces its formal
review of the species' status pursuant to this 90-day petition finding.
Public comments regarding population trends, biological vulnerability
and threats to this species should be sent to the office specified in
the ADDRESSES section.
Author
The primary author of this document is Ms. Linda LaClair (see
ADDRESSES section).
Authority
The authority for this action is the Endangered Species Act (16
U.S.C. 1531-1544).
Dated: September 16, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-23476 Filed 9-19-94; 1:42 pm]
BILLING CODE 4310-55-M
