[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