Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations 4183

Species Historic range Family Status When Critical Special Scientific name Common name listed habitat rules

******* Dudleya abramsii ssp. Conejo dudleya ...... U.S.A. (CA) ...... Stonecrop T 606 NA NA parva. (Crassulaceae). Dudleya cymosa ssp. Marcescent dudleya ... U.S.A. (CA) ...... Stonecrop T 606 NA NA marcescens. (Crassulaceae). Dudleya cymosa ssp. Santa Monica Moun- U.S.A. (CA) ...... Stonecrop T 606 NA NA ovatifolia. tains dudleya. (Crassulaceae).

******* Dudleya verityi ...... Verity's dudleya ...... U.S.A. (CA) ...... Stonecrop T 606 NA NA (Crassulaceae).

******* Pentachaeta lyonii ...... Lyon's pentachaeta ... U.S.A. (CA) ...... Aster (Asteraceae) ..... E 606 NA NA

*******

Dated: December 26, 1996. southern portion of its range due to snake. Correction of these mislabelled Jay L. Gerst, modifications in surface coal mining specimens is difficult due to the rapid Acting Director, Fish and Wildlife Service. and reclamation practices. fading of colors from preserved [FR Doc. 97–2059 Filed 1–28–97; 8:45 am] EFFECTIVE DATE: February 28, 1997. specimens. Thus, the original range and BILLING CODE 4310±55±P ADDRESSES: The complete file for this distribution of the copperbelly water rule is available for inspection, by snake is not precisely known due to this appointment, during normal business taxonomic history and the loss of 50 CFR Part 17 hours at the Service’s Bloomington suitable habitat before recognition of the copperbelly water snake as a distinct RIN 1018±AB75 Field Office, 620 South Walker Street, Bloomington, Indiana 47403; telephone subspecies (Conant 1949, 1951, 1955; Endangered and Threatened Wildlife 812/334–4261. Minton 1972). The key field identification feature of and Plants; Determination of FOR FURTHER INFORMATION CONTACT: Threatened Status for the Northern the copperbelly water snake is its David Hudak, Field Supervisor (see coloration. The snake has a solid dark, Population of the Copperbelly Water ADDRESSES section), 812/334–4261, Snake usually black, back with a bright orange- extension 200. red underside that is visible from a side AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: view. The head and eyes of the Interior. copperbelly water snake are Background ACTION: Final rule. proportionally larger than similar The plain-belly water snake (Nerodia species (Clay 1938; Conant 1938, 1951; SUMMARY: The U.S. Fish and Wildlife erythrogaster) was formally described as Minton 1972). The copperbelly water Service (Service) determines threatened a species in 1938 as Natrix erythrogaster snake is most often confused with the species status pursuant to the (Clay 1938). The copperbelly water yellowbelly water snake (Nerodia Endangered Species Act of 1973, as snake, Nerodia erythrogaster neglecta, erythrogaster flavigaster), an adjacent amended (Act), for the copperbelly was recognized as a distinct subspecies subspecies to the south and west in water snake (Nerodia erythrogaster in 1949 (Conant 1949). It is one of six Illinois and Kentucky. The most obvious neglecta) in the northern portion of its recognized subspecies of the plain-belly single distinguishing characteristic is range. The Service also determines that water snake (McCranie 1990). The Act the belly color. The copperbelly water the copperbelly water snake does not defines ‘‘species’’ to include ‘‘any snake has a bright orange-red underside, warrant listing as a threatened species subspecies of fish or wildlife or plants, whereas the yellowbelly water snake in the southern portion of its range and and any distinct population segment of has a pale yellow belly. In addition, it is not finalizing that portion of the any species of vertebrate fish or wildlife has blotches of dark pigment extending proposal. This snake was referred to as .. .’’ (section 3(15)). Thus, although onto the ventral scales that meet or the northern copperbelly water snake in taxonomically recognized as a nearly meet at the belly, whereas the several previous Federal Register subspecies, N. e. neglecta will be yellowbelly water snake has dark publications. Historical records and referred to as a ‘‘species’’ through the pigment encroaching onto only the edge recent studies indicate that this animal remainder of this rule. This legal, as of the ventral scales (Brandon and has declined substantially, especially in opposed to biological, use of the term Blanford 1995; Minton 1972; Conant the northern portion of its range, and ‘‘species’’ should not be understood to 1938, 1949). now persists largely in isolated pockets mean that this rule covers the entire After its recognition as a subspecies, of suitable habitat. Rangewide, the species Nerodia erythrogaster. The two the known historical range of the snake has been impacted by a variety of decisions announced in this rule apply copperbelly water snake was described human-induced causes, including only to the subspecies N. e. neglecta. by Schmidt (1953) as ‘‘south central urban/suburban encroachment, coal Because N. e. neglecta was not Michigan and northwestern Ohio, mining, and wetland drainage. These recognized until 1949, museum southwestward through Indiana to impacts continue to threaten the snake specimens of the copperbelly water extreme southeastern Illinois and in the northern portion of its range but snake archived before that time were adjacent Kentucky.’’ A notable feature of are being substantially reduced in the identified only as the plain-belly water the documented historical range is the 4184 Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations large gap in location records between the impacts from habitat fragmentation 1991). Courtship and mating occurs in the southern and the northern and degradation on this smaller April, May, and June. Copperbelly water population segments. The most widely population are very pronounced. snakes have a longer gestation period accepted theory suggests that the Consequently, the northern population than other water snakes sharing their northern segment is a relict of the more segment has been relegated to a few range, and their average litter size (18) extensive southern population (Conant small, scattered and isolated local is also smaller (Schmidt and Davis 1938, 1951; Adler 1963). Today, the clusters in southern Michigan, 1941). Young snakes are born in the fall distribution of the copperbelly water northeastern Indiana, and northwestern near, or in, the hibernaculum and may snake is clearly divided into a southern Ohio. Under current conditions and not become active until the following segment in southeastern Illinois, trends, extirpation of the northern spring. western Kentucky, and southern population is expected to occur within Indiana; and an isolated northern the next few decades (Kingsbury pers. Distinct Population Segments segment in northern Indiana, southern comm. 1994 and 1996). The range of the copperbelly water Michigan, and northwestern Ohio. Copperbelly water snakes migrate snake contains a geographical barrier Currently, within the southern seasonally throughout their habitat, between the local clusters in Michigan, population segment there are five local which consists of bottomland forests Ohio, and northeastern Indiana, and the clusters known in Illinois, 18 in and shrub swamps. Although the rest of the local clusters in southern Kentucky, and 13 in southern Indiana. species is a ‘‘water’’ snake, much of its Indiana, Kentucky, and Illinois. This The northern population segment time is spent away from water in the gap is apparent from historical and consists of eight local clusters that are terrestrial, forested part of its habitat recent known locations for the snake known to have had the species present (Kingsbury pers. comm. 1994). (Adler 1963, Conant and Collins 1991, in the last ten years; copperbelly water Copperbelly water snakes emerge from Sellers 1991). This hiatus between the snakes were found at five of these their hibernation sites in early spring northern and southern populations northern sites during 1996 surveys. and migrate through wooded or currently is approximately 180 miles Local clusters consist of snakes within vegetated corridors to wetland areas. wide. Within the gap those areas of connected, or nearly connected, habitat They can often be seen basking, habitat that are potentially suitable for units and which are able to interbreed breeding, and foraging near shallow copperbelly water snakes are small and because of this proximity. Thus, local wetland edges in woodlands. When the isolated, making copperbelly water clusters may include several ‘‘sites’’ or woodland swamps begin to dry in late snake movement though this gap ‘‘occurrences’’ as these terms are spring or in early June, the snakes again extremely unlikely. commonly used in databases disperse and move through wooded or maintained by states or private vegetated corridors to their summer These populations qualify as distinct conservation organizations. habitat areas. Summer activities usually under the Service’s Policy Regarding the It is believed, based on drainage center around forest and forest edges Recognition of Distinct Vertebrate patterns and post-1949 records of (Conant 1951, Kingsbury pers. comm. Population Segments Under the Act, copperbelly water snakes, that its former 1994). For this reason, upland habitat is published in the Federal Register on range was nearly continuous over the essential for the snake’s summer February 7, 1996 (61 FR 4722–4725). three southern states. Only remnants of foraging activities. The Policy identifies three criteria that that original distribution are still By late fall, copperbelly water snakes must be satisfied in order to list a evident, however; coal mining, drainage seek out hibernation sites. It is believed distinct population segment of a species and damming of wetlands, that copperbelly water snakes use or subspecies as threatened or channelization, damming and diversion hibernation sites that are at elevations endangered—discreteness, significance, of streams and rivers, and residential higher than the floodstage line and and conservation status. and commercial development of its ponding areas (Sellers 1991). Kingsbury The wide geographic gap in suitable habitat have disrupted and fragmented (pers. comm. 1996), based on results of and inter-connected habitat between the the distribution of the copperbelly water radio-telemetry studies, reported that northern and southern Indiana local snake. Many once-connected local copperbelly water snakes do utilize clusters clearly identifies these as clusters are now isolated. bottomland hibernation sites. discrete and isolated population In Illinois, the copperbelly water Bottomland hibernation sites have been segments. The loss of the peripheral, snake distribution is believed to once identified as felled tree-root networks isolated, northern population is have been continuous through southern (Lodato 1985), crayfish burrows considered significant as characterized Illinois; however, due to continued (Kingsbury pers. comm. 1994), dense under the policy, as it would result in habitat loss and fragmentation, only five brush piles, fieldstone piles, and a significant reduction in the range of small, isolated local clusters remain perhaps beaver and muskrat lodges the taxon. today (Brandon pers. comm. 1994). (Sellers 1991). These studies indicate Kentucky, historically and presently, that upland hibernation sites are The existence of two distinct is considered to have the largest number essential to the long-term survival of population segments for the copperbelly of copperbelly water snakes rangewide. viable populations of the snake. A mid- water snake enables the Service to treat It is believed the species was once winter flood, coupled with freezing each as a species and to make separate abundant and continuous throughout temperatures, could be lethal to snakes determinations for each of them. the western Kentucky coal field. The and could decimate the local Therefore, the Service is adopting the once-continuous range of the copperbelly water snake population if following designations of the two copperbelly water snake is now floodplain and riverbank areas are the population segments, and these terms restricted to 18 isolated local clusters. only hibernation sites available. will be used in the remainder of this Similarly, in southern Indiana, the This species is known to form small rule. distribution of the species has been groups in the spring and fall. Groups of Northern Population Segment— fragmented into 13 discrete populations. snakes have been observed swimming, Michigan, Ohio, and Indiana north of 40 The northern population segment has feeding, courting, and resting together degrees north latitude (approximately experienced extensive habitat loss; and (Conant 1938; Martin 1982, in Sellers Indianapolis, IN). Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations 4185

Southern Population Segment— reclaimed in such a way as to increase period until November 1, 1994. As a Illinois, Kentucky, and Indiana south of both the quantity and quality of snake result of significant new data received 40 degrees north latitude. habitat. during, and immediately following, the Similarly, in Illinois, the Agreements public comment period, on December Final Determination on Northern require that all copperbelly water snake 15, 1994, (59 FR 64647) the Service re- Population Segment habitat that is mined will be reclaimed opened the public comment for 30 days, As discussed below in the Summary in such a way as to increase both the and announced the availability of the of Factors Affecting the Species section, quantity and quality of snake habitat. new data. the threats affecting the northern The Conservation Agreements also The Service was prohibited from population segment arise from several ensure that in all three states within the making final determinations on listing sources that are not addressed in the southern population segment the state proposals during a congressionally- Conservation Agreements. Because natural resource departments will imposed moratorium that began on these threats continue to affect the emphasize land acquisition, April 10, 1995 (Public Law 104–06). To northern population segment the management, and law enforcement to ensure that the Service could continue Service has determined that the manage and conserve the copperbelly to receive and review relevant data and northern population segment of the water snake as if it were a federally continue discussions with interested copperbelly water snake warrants listing listed species. In Illinois and Kentucky, parties, the comment period was as a threatened species. where the snake is not listed as reopened on August 15, 1995, (60 FR threatened or endangered by the states, Final Determination on Southern 42140) and closed at the end of the there will be special regulations written Population Segment fiscal year on September 30, 1995. to provide the species with protection During the first half of fiscal year 1996 Since the 1993 proposal for the from take. In addition, the Office of the moratorium and a lack of threatened listing of the copperbelly Surface Mining Reclamation and appropriated funds prevented the water snake there have been several Enforcement will prioritize their Clean Service from taking any actions related parallel efforts to develop formal Stream initiative program to aid to listing species. Subsequent to the methods to reduce threats to the species protection and enhancement of ending of the moratorium and and its habitat. In recent months these copperbelly water snake habitats. The restoration of funding for listing efforts have coalesced into two Farm Bureau’s role will be to publicize activities, the comment period was re- Conservation Agreements, with the the conservation needs of the snake to opened on July 16, 1996, (61 FR 37034) Service being a signatory to both. One its members. to receive data that might have become Agreement deals specifically with the These provisions of the Conservation available during the moratorium and effects of coal mining in Indiana. The Agreements significantly reduce the listing program shut-down. That second Agreement covers the impacts of threats from surface coal mining at all comment period was extended another coal mining in Kentucky and Illinois known copperbelly water snake local 60 days on September 17, 1996, (61 FR and also institutes other conservation clusters in the southern population 48876) in order to receive a report on measures in all three states. segment. Because habitat destruction the northern population segment. The The Conservation Agreements will and degradation resulting from surface comment period ended on November promote the conservation of the coal mining was the predominant recent 15, 1996. copperbelly water snake and its habitat threat to the southern population The processing of this final rule during surface coal mining in Indiana segment, the Service has determined conforms with the Service’s final listing by delineating approximately 10,400 that the southern population segment priority guidance published in the acres of high quality copperbelly water does not warrant listing as a threatened Federal Register on December 5, 1996 snake habitat as core habitat areas that species at this time. (61 FR 64475). The guidance clarifies will not be affected by surface coal the order in which the Service will Previous Federal Action mining. Furthermore, the Agreements process rulemakings during fiscal year require the maintenance of habitat The copperbelly water snake was 1997. The guidance calls for giving corridors connecting all other recognized as a category 2 species in the highest priority to handling emergency copperbelly water snake habitats, Service’s December 30, 1982, (47 FR situations (Tier 1) and second highest restrict the mining of large habitat 58454); January 6, 1989, (54 FR 554); priority (Tier 2) to resolving the listing fragments that are outside of the core and November 21, 1991, (56 FR 58804) status of the outstanding proposed areas to practices that will ensure the Animal Notices of Review. On listings. This final rule falls under Tier survival of existing copperbelly water November 12, 1991, the Service 2. At this time, there are no pending snake local clusters, and ensure that all reassigned this species to category 1. On Tier 1 actions. snake habitat that is mined will be August 18, 1993, the Service published reclaimed in such a way as to increase the proposed rule to list the copperbelly Summary of Comments and both the quantity and quality of snake water snake as threatened (58 FR Recommendations habitat. 43860). The Service extended the public In the August 18, 1993, proposed rule In Kentucky the Conservation comment period on October 12, 1993, and subsequent notices reopening the Agreements provide that a maximum of (58 FR 52740) for 30 days. The public comment period, all interested parties four percent of the approximately comment period was re-opened on were requested to submit factual reports 112,400 acres of known copperbelly March 22, 1994, for an additional 30 or information that might contribute to water snake habitat can be disturbed by days (59 FR 13472) to hold a public the development of a final rule. surface coal mining activities. All hearing on April 5, 1994. On July 11, Appropriate Federal and state agencies, copperbelly water snake habitat has 1994, the Service published a Notice in county governments, scientific been divided into management units of the Federal Register (59 FR 35307) organizations, and other interested which no one unit may have more than indicating that the deadline for the final parties were contacted and requested to ten percent of its area disturbed by listing determination had been extended comment. Newspaper notices were mining activities, and all copperbelly six months (until February 18, 1995) published in newspapers across the water snake habitat that is mined will be while re-opening the public comment range of the species inviting public 4186 Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations comment. A public hearing was insufficient to distinguish between N. e. extent possible, specific activities that requested by Mr. James Baker, of the neglecta, N. e. flavigaster, and their will and will not likely result in Western Kentucky Coal Association, intergrades. violation of section 9 of the Act. The and Ms. Bertha Daubendiek, of the Service Response: Although the Service believes that agricultural Michigan Nature Association. The results of the genetic analysis did not activities on lands considered to be public hearing was held in Indianapolis, prove to be a reliable method for unsuitable habitat for the copperbelly IN, on April 5, 1994. Twenty-six people distinguishing neglecta from the water snake, but which are adjacent to attended the hearing. One-hundred intergrades, the morphological analysis copperbelly water snake habitat, are forty-two comments were received was able to successfully identify the unlikely to result in a take pursuant to during the comment periods and at the subspecies for 95 percent of the snakes section 9 of the Act. Refer to additional public hearing and are discussed below; examined. The Service believes that, for discussion on actions that may or may some parties provided more than one the purposes of delineating the not constitute take under Available comment. boundary of an intergrade zone in Conservation Measures. On July 11, 1994, the Service southern Illinois, the high degree of Issue 5: Several commentors stated published a notice (59 FR 35307) reliability of morphological that the status information for Kentucky extending the one-year listing decision distinctiveness is sufficient to is incomplete and inaccurate, therefore, deadline until February 18, 1995. distinguish between the two subspecies. the proposal should be delayed until Comments had been submitted on the However, because there is no intergrade further studies can be completed in proposed rule indicating that there were zone within, or near, the northern Kentucky. scientific disagreements concerning the population segment, identifying Service Response: The Service agrees location of, and significance of, intergrades from copperbelly water that total population estimates are intergradation in Illinois and Kentucky. snakes is not a concern with this final lacking for this species; however, the When such a scientific disagreement determination. Service considered several additional exists, the one-year period within which Issue 2: Critical habitat should be factors that are also important in the Service must ordinarily take final designated. developing a biologically accurate action on a proposal to list a species Service Response: Section 4 of the Act species status assessment. Gross may be extended for not more than six requires designation of critical habitat population estimates are particularly months in accordance with section concurrent with listing, to the maximum important for species for which distinct 4(b)(5)(B)(I) of the Act. During the six- extent prudent and determinable (also local populations are not readily month extension the Service funded see 50 CFR 424.12). The Service finds identified. However, the biological additional studies in Illinois and that designation of critical habitat is not security of many declining species is Kentucky. The reports of these studies, prudent for this species. This finding is more a function of the number of as well as information from a third based on the conclusion that such a healthy local populations than the total study funded by the Indiana Department designation would not be beneficial to number of individuals in the wild. of Natural Resources, were publicized the species. As discussed under Factor Therefore, although quantitative and made available for review by the B in the Summary of Factors Affecting surveying has not been completed public. the species, and in the Critical Habitat throughout the range of the snake, The Service received comments from section, the copperbelly water snake pertinent and significant information one-hundred forty-two individuals and would become vulnerable to collectors regarding the other aspects of the organizations. Forty-eight commentors and vandals who would be readily able snake’s status is known. The Service supported the proposal. Thirty-three to locate the known populations by the believes precise population estimates parties provided suggestions and/or publication of critical habitat maps and are not necessary to recognize overall information but did not indicate either other specific location information. declining trends of the snake. The support of, or opposition to, the Furthermore, the Service does not trends and the overall health of proposal. Sixty-one commentors believe critical habitat will provide any copperbelly water snake local clusters expressed opposition to the proposal. additional benefit beyond that already throughout its historical and current Many provided data further provided under section 7 of the Act. distribution are a more accurate substantiating or clarifying the threats to Issue 3: Economic, recreational, and reflection of the snake’s status than are the species. During the most recent other impacts should be considered rough estimates of the number of snakes public comment period two draft when listing a species. at a given time. In addition to the gross Conservation Agreements were Service Response: Section 4 of the Act population estimates and the number of submitted which are intended to requires the Service to consider only populations, the Service also considers significantly reduce the threats from biological and commercial trade factors such as the size of existing surface coal mining. This new information in determining whether to populations, historical and current rates information on the reduction in threats list a species. The Service recognizes the of decline, current recruitment rates, has been incorporated into the final rule potential for adverse economic impacts distribution and proximity of where appropriate (see Summary of stemming from this listing, and will populations, quantity and quality of Factors Affecting the Species, below). work closely with mining, development, available habitat, genetic diversity, and Written comments and oral agricultural, and other interests imminent and potential threats to the statements presented at the public throughout the range of the copperbelly species and its habitat. hearings and/or received during the water snake to accommodate economic Issue 6: One commentor stated that comment periods are addressed in the and recreational activities to the extent the Service is basing their decision on following section. Comments of a possible while ensuring the continued erroneous data. In particular, the similar nature are grouped together. survival and recovery of the snake. accuracy of the habitat acreage estimates Comments received on the southern Issue 4: Exemptions from the taking was questioned within the Bryan et al. population segment that is not being prohibitions for normal or routine (1994) Kentucky status report. listed are also addressed below. farming activities should be provided. Service Response: The Service Issue 1: The morphological and Service Response: As of October 1, recognizes that earlier habitat estimates genetic research conducted in Illinois is 1994, the Service must identify, to the were based on older topographic Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations 4187 quadrangle maps and limited aerial Response: The Service recognizes the hundred twenty-five acres which photography and personal knowledge, efforts of private groups and provide benefit to the snake. and therefore, the habitat estimates were governmental programs, and agrees that Furthermore, significant tracts of not necessarily indicative of what some of the past threats to the species copperbelly water snake habitat within precisely exists today. However, those have been reduced and/or eliminated. the Patoka River corridor are privately sources of information represented the However, interpretation and owned and are currently being best available information at the time, as enforcement of the Food Security Act, adversely impacted by coal mining. the surveyors were not able to obtain the Clean Water Act, and the Surface Second, snakes found within the permission to survey current habitat on Mining Reclamation Control Act have publicly-owned Land Between the most of the land under mining lease. not provided sufficient protection to the Lakes are considered to be intergrades Since the Bryan et al. (1994) study the copperbelly water snake or its habitat. and would not be included in a listing Service has updated its habitat estimates Furthermore, state protection of the of the southern population segment. for Kentucky and vastly refined its copperbelly water snake is not currently Third, few populations of copperbelly knowledge of where suitable habitat still uniform across its range and the lack of water snakes are found on state-owned exists within the states. This work any state authority to protect the habitat land. In the northern population involved field verification of of state-listed species significantly segment, only two of the eight known topographic maps, recent aerial weakens the protection of the species. sites are under partial state ownership photography and geographic However, the Service agrees that, for the and a third is partly owned by a private information system mapping of the Southern Population Segment, where conservation organization. photos, meeting with copperbelly water mining and the lack of consistent state Issue 11: The listing analysis snake experts and state field biologists, protection against take previously were concentrated on historical habitat and field work by Kentucky State the major threats to the species, the degradation and destruction trends Nature Preserves Commission biologists. recently signed Conservation rather than current habitat loss trends. The Conservation Agreement for Agreements will provide adequate Service Response: As previously Kentucky is based upon this updated protection. mentioned, the Service considers a information. Issue 9: The population data cited in variety of factors in making a listing Issue 7: Coal mining in Kentucky is the proposed rule are incorrect. determination. Although historical rates Response: The Service agrees that creating, rather than eliminating, of decline are considered during the population numbers for much of the copperbelly water snake habitat species’ status assessment, many other wherever previously mined areas are copperbelly’s occupied range are not factors, including current rates of reclaimed to wildlife habitat. very useful due to the difficulty with decline, potential and imminent threats, Response: Based on the available censusing elusive animals such as water information, the Service believes coal snakes. However, the Act requires the gross population estimates, number of mining reclamation procedures Service to make its determinations on populations, distribution of generally are not providing snake the basis of the best available scientific populations, genetic diversity, and habitat (Bryan et al. 1994; Kingsbury and commercial data, which need not be current recruitment rates are evaluated pers. comm. 1996; MacGregor pers. population estimates or counts that can as well. Historical rates of decline are comm. 1994; Sellers 1991). Mined land be statistically analyzed. Also, as noted utilized by the Service to ascertain if a generally has been reclaimed to under Issue 5, the Service has not relied species is undergoing a precipitous or cropland, hay fields, and wildlife land heavily on population data for its gradual decline. Also, the historical unsuitable for the snake, such as upland determinations. The Service also points trend information is also useful in forest, upland game habitat, and deep out that additional monitoring of snake identifying the likelihood of natural water impoundments. Ponds and habitat and populations will be carried cyclical fluctuations in numbers. The wetlands reclaimed or restored on out as a result of the two Conservation Service utilized the historical trend mined lands are often too widely Agreements, so our knowledge of information in aggregate with all other scattered and lack suitable fish and/or copperbelly water snake numbers will information in determining if listing is amphibian populations, hibernation continue to improve. warranted. sites, and cover to be suitable Issue 10: The Service failed to Issue 12: Conservation agreements copperbelly water snake habitat. recognize the tracts of habitat already in which significantly reduce the threats to However, the Service believes that coal protective ownership, such as the the species should be considered in the mining activities can be compatible Patoka River National Wildlife Refuge, listing decision. with the conservation of the copperbelly Land Between the Lakes, and properties Service Response: The states of water snake if the extent, timing, and under Indiana Department of Natural Kentucky, Illinois, and Indiana; the reclamation design are modified to Resource ownership. Kentucky Farm Bureau; the Office of incorporate snake conservation Service Response: Although the Surface Mining, Reclamation, and measures. As described in the Final proposed rule did not emphasize the Enforcement; the Western Kentucky Determination on Southern Population areas already protected for the species, Coal Association; and others submitted Segment section, the Conservation the Service is aware of these areas and a Conservation Agreement which Agreements are instituting such changes has concluded that habitat under public primarily addresses coal mining threats to mining and reclamation activities and private conservation ownership is in Kentucky and Illinois. Similarly, the throughout the southern population not sufficient to protect the copperbelly State of Indiana and the Indiana Coal segment. The Service believes that these water snake throughout its range. This Council submitted a Conservation reclamation methods will increase and determination was based on the Agreement which addresses coal mining enhance copperbelly water snake following information. First, in the threats in Indiana. The Service has habitat. southern population segment, while reviewed those Agreements and concurs Issue 8: The factors threatening the suitable habitat does exists within the that, when fully implemented, the species are no longer significant because Patoka River corridor in southern Agreements will reduce the threats to there are Federal and state laws Indiana, currently the National Wildlife the southern population segment of the protecting the species. Refuge ownership consists of only two copperbelly water snake sufficiently to 4188 Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations preclude the need to list that population the copperbelly water snake should be characteristic of these sites is separation segment. classified as a threatened species, and by unsuitable habitat from each other Issue 13: The Service also received that listing is not warranted for the and from important habitat components. comments from conservation southern population segment of the The unsuitable habitat is primarily organizations opposed to the use of copperbelly water snake. Procedures agricultural land, rural residential sites, Conservation Agreements to preclude found at section 4(a)(1) of the Act and and roads. the need to list the species. Their regulations implementing the listing Landscape fragmentation and opposition is based on the non-binding provisions of the Act (50 CFR part 424) isolation of local clusters from each nature of Conservation Agreements and were followed. A species may be other increases the likelihood of the risk of mitigation efforts failing. determined to be an endangered or extinction by causing each local cluster Service Response: Both Conservation threatened species due to one or more to function as an independent, but Agreements include monitoring and of the five factors described in section much smaller population. Very small compliance measures along with the 4(a)(1). These factors and their populations are far more susceptible to flexibility to respond to changes needed application to the copperbelly water local extirpation from factors such as to allow the Agreements to be snake (Nerodia erythrogaster neglecta) drought and from genetic irregularities successful. The Service is a signatory on are as follows: caused by inbreeding. both Agreements and will be an active Other factors that may be adversely partner in their implementation and A. The Present or Threatened affecting northern population habitat monitoring. Further, the Service will Destruction, Modification, or include increased residential constantly evaluate the status of the Curtailment of its Habitat or Range development, sedimentation, and species, and if the Agreements fail to Habitat loss and fragmentation were contamination caused by fertilizer meet expectations, will reevaluate the the primary causes of the decline of the runoff (Sellers 1996a, 1996b.). A large need to list the southern population copperbelly water snake and continue to residential complex has been developed segment. be the major factors threatening the around a deep water lake that is utilized continued existence of the species. by the snake during droughts. New Peer Review From 1790 to the mid-1980’s, much of residences have been built near the The Service routinely has solicited the copperbelly water snake’s wetland Cass/St. Joseph counties local cluster. comments from parties interested in, habitat was modified or destroyed. Residences add to roadway traffic, and knowledgeable of, taxa which have According to Dahl and Johnson (1990), increase habitat fragmentation, and been proposed for listing as threatened Indiana has lost 87 percent of its increase the likelihood of direct harm to or endangered species. A July 1, 1994, original wetlands, Illinois 85 percent, snakes by people, pets, and vehicles. policy statement (59 FR 34270) Michigan 50 percent, Ohio 90 percent, Sedimentation, usually resulting from established the formal requirement that and Kentucky 81 percent. The principal agricultural activities, but also caused a minimum of three peer reviewers be cause of these losses was land by construction, may change asked to provide input into the Service’s conversion to agricultural use. This was hydrological characteristics and plant listing decisions. Although the proposed especially true from 1950 through the succession, as well as reduce the rule to list the copperbelly water snake 1970’s, when agriculture was cited as numbers of amphibian and fish used by as a threatened species predated that the cause for 87 percent of the wetland the snake as food. policy, the Service nonetheless elected loss nationwide (Dahl and Johnson The presence of copperbellies at two to apply the formalized peer review 1990). However, since that time, other of the eight northern local clusters has process to the proposal. During the July land uses and modifications such as not been confirmed since 1987, and 16, 1996, to November 15, 1996, dredging, coal mining, stream since 1989 at a third site. Two of these comment period, the Service solicited channelization, road construction, and three sites were surveyed in 1996, one the expert opinions of five biologists commercial and residential of them for 46 hours, and no having recognized expertise in development have played a more copperbellies were found. The third site herpetology and/or conservation biology significant role in the loss of wetland has not been surveyed since 1987. and requested their review of the habitat. Suitable habitat at these three sites still published and unpublished data The loss of snake habitat is especially seems to be available. While it may be concerning the copperbelly water snake. evident in areas occupied by the reasonable to conclude that snake In order to ensure an unbiased northern population segment of the numbers at the two recently surveyed examination of the data, the Service snake, where the species has been sites have declined, surveys have not contacted biologists who previously had relegated to only a few small, isolated been frequent enough to conclude with only minor or no involvement in habitat areas. The northern population certainty that these two local clusters no discussions on the possible listing of the segment has, since 1986, occupied only longer support copperbellies. Northern snake. eight very limited sites in four southern population survey data since 1986 are Comments were received within the Michigan counties, one northwestern not complete for all local clusters, and comment period from all five reviewers. Ohio county, and one northeastern do not support any conclusion as to an All five reviewers concurred with the Indiana county. Six of these local overall trend of increase or decrease. Service on factors relating to the clusters, including the Indiana and Ohio However, total numbers of snakes seen taxonomy, and biological and ecological local clusters, are encompassed within have remained very low since 1986. The information. One reviewer believed an area of about 100 square miles. The low numbers and possible current Kentucky data were insufficient. other two local clusters are 35 to 60 disappearance of snakes from various miles to the northwest. sites in the last 10 years indicates that Summary of Factors Affecting the Two of the eight sites have a portion progress toward extirpation which Species of their area protected by state became apparent in the 1950’s and After a thorough review and ownership, and one is partially owned 1960’s probably is continuing, and consideration of all information by a private conservation organization. underscores the perilous state of the available, the Service has determined The remaining sites are all private northern population segment. The that the northern population segment of property with uncertain fates. A key northern population probably will be Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations 4189 extirpated within the next few decades C. Disease or Predation Indiana core areas of snake habitat have without immediate additional The snakes are vulnerable to been designated and will remain protection (Kingsbury pers. comm. 1994 predation during migration, especially undisturbed by surface mining; snake and 1996). when their migration routes are habitat outside of the core areas can be Specific habitat-related threats that interrupted by cleared areas such as mined to some extent but new reclamation standards will produce have cumulatively led to the extirpation roads, mowed areas, and farmlands. habitat suitable for copperbelly of northern population segment Dispersing through such areas increases watersnakes. The Service believes that copperbelly water snake local clusters the likelihood of the snakes being this modification to past permitting preyed upon by natural predators such include woodlot, brush, and other land practices will remedy the threats as skunks, raccoons, and raptors. Due to clearing; habitat constriction and presented by surface mining. fragmentation from surrounding habitat fragmentation, the ability to use development; road construction; and suitable cover to migrate safely E. Other Natural or Manmade Factors coal mining. throughout its home range is a limiting Affecting its Continued Existence factor in the life cycle of the copperbelly Although coal mining has been a Weather extremes such as drought, water snake. In addition to predation, major recent factor in the decline of the flooding, and unusually mild, as well as vehicle-caused mortality and injury also species in the southern portion of its severe, winters may influence the has increased as suitable habitat range, the Service believes mining population of the copperbelly water becomes more fragmented by snake. These factors affect the snake’s practices can be compatible with the transportation corridors. Such habitat existence of the snake. Coal mining can ability to estivate for prolonged periods, fragmentation is especially significant to as well as impeding access to, and use be compatible with the copperbelly the northern population segment where water snake if the extent, the timing of of, essential upland hibernation and seasonal movements among its smaller foraging sites and wetland breeding the mining, and the reclamation design habitat patches force snakes to cross are modified to incorporate snake areas. While these factors are not as roadways or other open habitat (Sellers likely to affect larger and healthier conservation measures. The 1991). populations, small, isolated copperbelly Conservation Agreements for the water snake local clusters, like those southern population segment make such D. The Inadequacy of Existing Regulatory Mechanisms that make up the northern population changes to coal mining and reclamation segment, are especially vulnerable to practices, thus greatly reducing mining The copperbelly water snake receives these naturally occurring events. threats to the species, and providing varying degrees of protection through The widely held general dislike for compatibility between mining and state listings as an endangered, snakes by humans further threatens snake conservation. Because habitat loss threatened, or nongame species copperbelly water snakes. For example, and degradation from surface coal throughout its range. Michigan, Indiana, Kingsbury (pers. comm. 1994) reported mining constituted the main threats and Ohio confer full legal protection to two incidents in which the species was facing the southern population, the the copperbelly water snake; it is illegal intentionally killed, with a gravid Service believes that the reduction of to collect, kill, or injure the snake in (pregnant) female being one of the the coal mining impacts by the these three states. Illinois and Kentucky victims. Such intentional killing likely Conservation Agreements precludes the offer no legal protection to the snake at has been more common in the southern need to list the southern population this time. population segment, due to geographic segment. Whereas three states have laws and proximity to poisonous wetland- regulations which protect the species While the northern population inhabiting snakes. However, one of the from take, the lack of uniform protection segment is not impacted by coal mining, Conservation Agreements will lead to throughout the United States hampers it is significantly affected by all of the regulations in all three states which will enforcement and imperils the species by other threats of destruction, prohibit the killing of this species. creating loopholes for illegal take and modification, or curtailment of its In the northern population segment, trade. More importantly, legal habitat listed above. due to the small number and isolation provisions for protection and of the surviving local clusters, the snake B. Overutilization for Commercial, management of copperbelly water snake remains vulnerable to habitat Recreational, Scientific, or Educational habitat at the state level are non- modification and destruction and Purposes existent. Because destruction and collection and persecution. alteration of habitat are the major The southern population segment is Scientific overutilization, without reasons for the species’ decline, the more widespread and consists of larger careful regulation, can pose a threat. inability to protect non-federally listed and more numerous local clusters. During the first 30 years after its species’ habitat will exacerbate the Several of the larger local clusters are discovery and formal publication of its continued decline of the copperbelly partially or entirely on Federal or state description, many copperbelly water water snake without additional Federal lands. Most of the remaining local snakes were collected as specimens for protection. clusters are on private land, and most of museums. Although museums have As discussed under Factor A above, to these are covered by approved permits abandoned this practice, amateur alleviate any potential threats to the for surface coal mining. The threats collectors continue to take wild snakes snake from surface mining, the recently- from surface coal mining have been (Sellers 1991). The species is believed to signed Conservation Agreements will greatly removed by the recently-signed be collected fairly regularly because of require consideration of the southern Conservation Agreements with the coal its rarity, large size, unique coloration, population segment of the copperbelly mining industry and state and Federal and value in the pet trade. For example, water snake and its habitat in the regulatory authorities for surface an international commercial dealer surface mining and reclamation mining. These Agreements will preserve reportedly offered $260 to an amateur permitting process as if the species was existing core habitat needed by the collector for a breeding pair of federally-listed as threatened or species, and will modify past post- copperbelly water snakes. endangered in Kentucky and Illinois. In mining land reclamation practices so 4190 Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations that suitable copperbelly water snake species is threatened by taking or other actions by Federal, Tribal, state, and habitat will be developed following human activity, and identification of local agencies, private organizations, mining. The Service believes these critical habitat can be expected to and individuals. The Act provides for changes in mining and reclamation increase the degree of threat to the possible land acquisition and practices reduce the existing and species, or (2) such designation of cooperation with the states and requires potential threats from mining to a level critical habitat would not be beneficial that recovery actions be carried out for at which the species in the southern to the species. all listed species. The protection portion of its range is no longer likely As discussed under Factor B in the required of Federal agencies and the to become endangered in the foreseeable Summary of Factors Affecting the prohibitions against taking and harm are future, and therefore does not warrant Species, the copperbelly water snake is discussed, in part, below. listing as a threatened species at this known to be subject to collection, and Section 7(a) of the Act, as amended, time. those snakes would become increasingly requires Federal agencies to evaluate The Service will continue to work vulnerable to reptile collectors who their actions with respect to any species closely with the surface coal mining would be able to locate the known that is proposed or listed as endangered industry and state and Federal surface populations by the publication of or threatened and with respect to its mining regulatory agencies to monitor critical habitat maps and other specific critical habitat, if any is being and evaluate the effects of the modified location information. Publication of designated. Regulations implementing surface mining practices on the snake. critical habitat locations would also aid this interagency cooperation provision The Service has carefully assessed the the intentional killing of individual of the Act are codified at 50 CFR Part best scientific and commercial snakes by individuals opposed to 402. Section 7(a)(4) requires Federal information available regarding the past, Federal and state conservation efforts agencies to confer with the Service on present, and future threats faced by the for the species. The Service is any action that is likely to jeopardize copperbelly water snake in finalizing concerned that threats made against the the continuous existence of a species this rule. Based on this evaluation, the snakes during the listing process will be proposed for listing or result in preferred action is to list the northern more likely to be carried out if snake destruction or adverse modification of population segment of the copperbelly locations are published. proposed critical habitat. If a species is water snake, Nerodia erythrogaster Furthermore, critical habitat listed subsequently, section 7(a)(2) neglecta, as a threatened species; the designation would not provide requires Federal agencies to ensure that Service will not finalize the proposal to significant additional protection over activities they authorize, fund, or carry list as threatened the southern that afforded through the normal out are not likely to jeopardize the population segment of the copperbelly recovery process, through section 7 continued existence of the species or to water snake. consultation, and the prohibitions of destroy or adversely modify its critical section 9 of the Act. The precarious Critical Habitat habitat. If a Federal action may affect a status of the northern population listed species or its critical habitat, the Critical habitat is defined in section 3 segment necessitates identical section 7 responsible Federal agency must enter of the Act as: (i) The specific areas biological opinion thresholds for into formal consultation with the within the geographical area occupied determining adverse modification of Service. by a species, at the time it is listed in critical habitat and jeopardizing the Federal agency actions that may accordance with the Act, on which are continued existence of the species. require consultation include the U.S. found those physical or biological Furthermore, sufficient habitat Army Corps of Engineers regulatory features (I) essential to the conservation protection is provided by the Service’s involvement in projects such as the of the species and (II) that may require current interpretation of the meaning of construction of roads, bridges, and special management considerations or ‘‘harm’’ in the Act’s definition of ‘‘take’’; dredging projects subject to section 404 protection; and (ii) specific areas this interpretation holds that habitat of the Clean Water Act (33 U.S.C. 401 outside the geographical area occupied degradation which significantly impairs et seq.); Office of Surface Mining by a species at the time it is listed, upon essential behaviors constitutes ‘‘harm’’ Reclamation and Enforcement coal a determination that such areas are and is prohibited by the Act. mining permitting process; Federal essential for the conservation of the In addition, Conservation Agreements Highway Administration funded species. ‘‘Conservation’’ means the use for the snake and its habitat in the projects; Bureau of Land Management of all methods and procedures needed southern portion of its range, have lease activities; and Natural Resources to bring the species to the point at removed significant threats to this Conservation Service projects. which listing under the Act is no longer species. Critical habitat for the snake The Act and implementing necessary. will not be designated on any lands regulations set forth a series of general Section 4(a)(3) of the Act, as where the habitat is included in a prohibitions and exceptions that apply amended, and implementing regulations Conservation Agreement, for the life of to all threatened wildlife. The (50 CFR 424.12) requires that, to the the agreement, so long as the agreement prohibitions, codified at 50 CFR 17.21 maximum extent prudent and remains in effect consistent with its and 17.31, in part, make it illegal for any determinable, the Secretary designate terms. person subject to the jurisdiction of the critical habitat at the time the species is United States to take (includes harass, determined to be endangered or Available Conservation Measures harm, pursue, hunt, shoot, wound, kill, threatened. The Service finds that Conservation measures provided to trap, capture, or collect; or to attempt designation of critical habitat is not species listed as endangered or any of these), import or export, ship in prudent for the northern and southern threatened under the Endangered interstate commerce in the course of population segment of the copperbelly Species Act include recognition, commercial activity, or sell or offer for water snake at this time. Service recovery actions, requirements for sale in interstate or foreign commerce regulations (50 CFR 424.12(a)(1)) state Federal protection, and prohibitions any listed species. It also is illegal to that designation of critical habitat is not against certain practices. Recognition possess, sell, deliver, carry, transport, or prudent when one or both of the through listing results in public ship any such wildlife that has been following situations exist—(1) the awareness and encourages conservation taken illegally. Certain exceptions apply Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations 4191 to agents of the Service and state habitat such as discharge of fill material, Required Determinations conservation agencies. drainage, damming of wetlands, Permits may be issued to carry out channelization, damming, diversion of The Service has examined this otherwise prohibited activities streams or rivers, diversion or alteration regulation under the Paperwork involving threatened wildlife species of surface or ground water flow into or Reduction Act of 1995 and found it to under certain circumstances. out of wetlands (due to roads, contain no information collection Regulations governing permits are impoundments, discharge pipes, storm requirements. This rulemaking was not codified at 50 CFR 17.32. Such permits water detention basins, etc.); subject to review by the Office of are available for scientific purposes, to Management and Budget under (4) Discharges or dumping of toxic Executive Order 12866. enhance the propagation or survival of chemicals, silt, or other pollutants (e.g., the species, and/or for incidental take in sewage, oil, and gasoline) into waters References Cited connection with otherwise lawful supporting the species; and activities. For threatened species, there A complete list of all references cited are also permits for zoological (5) Interstate and foreign commerce herein is available upon request from exhibition, educational purposes, or and export without obtaining the the Service’s Bloomington, Indiana, special purposes consistent with the appropriate permit. Permits to conduct Ecological Service Field Office. (See purposes of the Act. these activities are available for ADDRESSES section.) It is the policy of the Service, purposes of scientific research and Author published in the Federal Register on enhancement of propagation or survival July 1, 1994, (59 FR 34272) to identify, of the species. The primary authors of this document to the maximum extent practicable at Questions regarding whether specific are Scott Pruitt of the Service’s the time a species is listed, those activities may constitute a violation of Bloomington Field Office (see activities that would or would not section 9 should be directed to the Field ADDRESSES section) and Jennifer constitute a violation of section 9 of the Supervisor of the appropriate Service Szymanski (U.S. Fish and Wildlife Act. The intent of this policy is to field office as follows: in Indiana, the Service, Whipple Federal Building, 1 increase public awareness of the effects Bloomington Field Office, 620 South Federal Drive, Ft. Snelling, Minnesota of the listing on proposed and ongoing Walker Street, Bloomington, Indiana 55111–4056). activities within a species’ range. The 47403 (812/334–4261); in Michigan, the Service believes that, based on the best East Lansing Field Office, 2651 Coolidge List of Subjects in 50 CFR Part 17 available information, the following Road, East Lansing, Michigan 48823 Endangered and threatened species, actions will not result in a violation of (517/351–2555); and in Ohio, the Exports, Imports, Reporting and section 9 for listed copperbelly water Reynoldsburg Field Office, 6950–H recordkeeping requirements, and snakes, provided these activities are Americana Parkway, Reynoldsburg, Transportation. carried out in accordance with existing Ohio 43068 (614/469–6923) (see regulations and permit requirements: ADDRESSES section). Requests for copies Regulation Promulgation (1) Routine agricultural activities on of the regulations regarding listed property adjacent to occupied Accordingly, part 17, subchapter B of species and inquiries about prohibitions chapter I, title 50 of the Code of Federal copperbelly habitat, excluding activities and permits may be addressed to U.S. which convert wooded, shrubby, or Regulations, is amended as set forth Fish and Wildlife Service, Division of below: brushy areas to cropland or pasture; Endangered Species, Whipple Federal (2) Possession of legally acquired Building, 1 Federal Drive, Ft. Snelling, PART 17Ð[AMENDED] copperbelly water snakes; and Minnesota 55111–4056 (telephone 612/ (3) Actions that may affect 725–3536; facsimile 612/725–3526). 1. The authority citation for part 17 copperbelly water snakes that are continues to read as follows: funded, authorized, or carried out by a National Environmental Policy Act Federal agency if the action is Authority: 16 U.S.C. 1361–1407; 16 U.S.C. conducted in accordance with section 7 The Fish and Wildlife Service has 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– determined that Environmental 625, 10080 Stat. 3500, unless otherwise of the Act. noted. Activities that the Service believes Assessments and Environmental Impact could potentially harm the copperbelly Statements, as defined under the 2. Section 17.11(h) is amended by water snake and result in ‘‘take’’ to the authority of the National Environmental adding the following, in alphabetical northern population segment of the Policy Act of 1969, need not be order under REPTILES, to the List of snake include, but are not limited to; prepared in connection with regulations Endangered and Threatened Wildlife to (1) Collecting or handling of the snake adopted pursuant to section 4(a) of the read as follows: in any manner; Endangered Species Act of 1973, as (2) Possess, sell, transport, or ship amended. A notice outlining the § 17.11 Endangered and threatened wildlife. illegally taken copperbelly water snakes; Service’s reasons for this determination (3) Substantial destruction or was published in the Federal Register * * * * * degradation of the species’ wetland on October 25, 1983 (48 FR 49244). (h) * * *

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

******* REPTILES 4192 Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

******* Snake, copperbelly Nerodia U.S.A. (IL, IN, KY, Indiana north of 40 T 607 NA NA water. erythrogaster MI, OH). degrees north lati- neglecta. tude, Michigan, Ohio.

*******

Dated: January 16, 1997. July 23, 1996) and a reduced TAC was 33290 (I.D. 122396A) published on John G. Rogers, apportioned (62 FR 2043, January 15, December 31, 1996. Acting Director, U.S. Fish and Wildlife 1997) as 17,300 lb (7,847 kg) of shucked EFFECTIVE DATE: 1200 hrs, Alaska local Service. scallop meat in the part of Registration time (A.l.t.), January 26, 1997, until [FR Doc. 97–2056 Filed 1–27–97; 8:45 am] Area E east of 146° West long. superseded by the Final 1997 Harvest BILLING CODE 4310±55±P In accordance with § 679.62(c), the Specifications for Groundfish. Administrator, Alaska Region, NMFS, FOR FURTHER INFORMATION CONTACT: has determined that the scallop TAC for Michael Sloan, 907–581–2062. ° DEPARTMENT OF COMMERCE Scallop Registration Area E east of 146 SUPPLEMENTARY INFORMATION: The West long. has been reached. groundfish fishery in the GOA exclusive National Oceanic and Atmospheric Consequently, NMFS is prohibiting the economic zone is managed by NMFS Administration taking and retention of scallops in ° according to the Fishery Management Scallop Registration Area E east of 146 Plan for Groundfish of the Gulf of 50 CFR Part 679 West long. from 1200 hrs, A.l.t., January Alaska (FMP) prepared by the North [Docket No. 960502124±6190±02; I.D. 24, 1997, through 2400 hrs, A.l.t., June Pacific Fishery Management Council 012497B] 30, 1997. under authority of the Magnuson- Classification Stevens Fishery Conservation and Fisheries of the Exclusive Economic Management Act. Fishing by U.S. This action is required by § 679.62 Zone Off Alaska; Scallop Fishery; vessels is governed by regulations and is exempt from review under E.O. Closure in Registration Area E implementing the FMP at subpart H of 12866. AGENCY: National Marine Fisheries 50 CFR part 600 and 50 CFR part 679. Service (NMFS), National Oceanic and Authority: 16 U.S.C. 1801 et seq. The interim specification of pollock Atmospheric Administration (NOAA), Dated: January 24, 1997. total allowable catch in Statistical Area Commerce. George H. Darcy, 610 was established by Interim 1997 Harvest Specifications (61 FR 64299, ACTION: Closure. Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. December 4, 1996) as 9,075 metric tons SUMMARY: NMFS is closing the scallop [FR Doc. 97–2229 Filed 1–24–97; 3:50 pm] (mt), determined in accordance with § 679.20(c)(2)(i). fishery in Scallop Registration Area E BILLING CODE 3510±22±F (Prince William Sound) east of 146° In accordance with § 679.20(d)(1)(i), West long. This action is necessary to the Administrator, Alaska Region, prevent exceeding the scallop total 50 CFR Part 679 NMFS (Regional Administrator), has allowable catch (TAC) in this area. determined that the 1997 interim specification of pollock in Statistical EFFECTIVE DATE: 1200 hrs, Alaska local [Docket No. 961126333±6333±01; I.D. time (A.l.t.), January 24, 1997, until 012497A] Area 610 soon will be reached. Therefore, the Regional Administrator is 2400 hrs, A.l.t., June 30, 1997. [Docket No. 960129018±6018±01: I.D. 122396A] establishing a directed fishing FOR FURTHER INFORMATION CONTACT: allowance of 8,875 mt, and is setting Mary Furuness, 907–586–7228. Fisheries of the Exclusive Economic aside the remaining 200 mt as bycatch SUPPLEMENTARY INFORMATION: The Zone Off Alaska; Pollock in Statistical to support other anticipated groundfish scallop fishery in the exclusive Area 610; Pacific Cod for Processing fisheries. In accordance with economic zone off Alaska is managed by by the Inshore Component in the § 679.20(d)(1)(iii), the Regional NMFS according to the Fishery Western and Central Regulatory Areas Administrator finds that this directed Management Plan for Scallop Fishery fishing allowance will soon be reached. off Alaska (FMP) prepared by the North AGENCY: National Marine Fisheries Consequently, NMFS is prohibiting Pacific Fishery Management Council Service (NMFS), National Oceanic and directed fishing for pollock in Statistical under authority of the Magnuson- Atmospheric Administration (NOAA), Area 610 until superseded by the Final Stevens Fishery Conservation and Commerce. 1997 Harvest Specifications for Management Act. Fishing for scallops is ACTION: Closure and correction. Groundfish. governed by regulations appearing at Maximum retainable bycatch amounts subpart H of 50 CFR part 600 and 50 SUMMARY: NMFS is prohibiting directed for applicable gear types may be found CFR part 679. fishing for pollock in Statistical Area in the regulations at § 679.20(e). In accordance with § 679.62(b), the 610 in the Gulf of Alaska (GOA). This 1996–1997 scallop TAC for Scallop action is necessary to prevent exceeding Correction Registration Area E was established by the interim specification for pollock in In a directed fishing opening, FR Doc the Final 1996–1997 Harvest this area. NMFS is also correcting a 96–33290, published December 31, 1996 Specifications of Scallops (61 FR 38099, typographical mistake in FR Doc. 96– (61 FR 69050), the first line of the