82 FR 46748 - Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination on the Proposed Threatened Status for the Louisiana Pinesnake

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 193 (October 6, 2017)

We, the U.S. Fish and Wildlife Service (Service), announce a 6-month extension of the final determination of whether to list the Louisiana pinesnake (Pituophis ruthveni) as a threatened species. We also reopen the comment period on the proposed rule to list the species for an additional 30 days. We are taking this action based on substantial disagreement regarding available information related to the interpretation of the available survey data used to determine the Louisiana pinesnake's status and trends. Comments previously submitted need not be resubmitted as they are already incorporated into the public record and will be fully considered in the final rule. We will submit a final listing determination to the Federal Register for publication on or before April 6, 2018.

[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Proposed Rules]
[Pages 46748-46749]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21591]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2016-0121; 4500030113]
RIN 1018-BB46


Endangered and Threatened Wildlife and Plants; 6-Month Extension 
of Final Determination on the Proposed Threatened Status for the 
Louisiana Pinesnake

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of the comment period.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
6-month extension of the final determination of whether to list the 
Louisiana pinesnake (Pituophis ruthveni) as a threatened species. We 
also reopen the comment period on the proposed rule to list the species 
for an additional 30 days. We are taking this action based on 
substantial disagreement regarding available information related to the 
interpretation of the available survey data used to determine the 
Louisiana pinesnake's status and trends. Comments previously submitted 
need not be resubmitted as they are already incorporated into the 
public record and will be fully considered in the final rule. We will 
submit a final listing determination to the Federal Register for 
publication on or before April 6, 2018.

DATES: The comment period for the proposed rule published October 6, 
2016 (81 FR 69454), is reopened. We will accept comments received or 
postmarked on or before November 6, 2017. If you comment using the 
Federal eRulemaking Portal (see ADDRESSES), you must submit your 
comments by 11:59 p.m. Eastern Time on the closing date.

ADDRESSES: Document availability: You may obtain copies of the proposed 
rule on the Internet at http://www.regulations.gov at Docket No. FWS-
R4-ES-2016-0121. Copies of the proposed rule are also available at 
https://www.fws.gov/southeast/lafayette/.
    Comment submission: You may submit comments by one of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. In the 
Search box, enter the docket number for this proposed rule, which is 
FWS-R4-ES-2016-0121. Then click on the Search button. You may submit a 
comment by clicking on ``Comment Now!'' Please ensure that you have 
found the correct rulemaking before submitting your comment.
    2. U.S. mail or hand delivery: Public Comments Processing, Attn: 
Docket No. FWS-R4-ES-2016-0121; U.S. Fish and Wildlife Service, MS: 
BPHC; 5275 Leesburg Pike; Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Joseph Ranson, Field Supervisor, U.S. 
Fish and Wildlife Service, Louisiana Ecological Services Office, 646 
Cajundome Blvd., Suite 400, Lafayette, LA; telephone 337-291-3101. 
Persons who use a telecommunications device for the deaf (TDD) may call 
the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Background

    On October 6, 2016 (81 FR 69454), we published under the Endangered 
Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.), a 
proposed rule to add the Louisiana pinesnake as a threatened species to 
the List of Endangered and Threatened Wildlife in title 50 of the Code 
of Federal Regulations (50 CFR 17.11(h)). That

[[Page 46749]]

proposal had a 60-day comment period, ending December 5, 2016. We also 
solicited and received independent scientific review of the information 
contained in the proposed rule from peer reviewers with expertise in 
the Louisiana pinesnake or similar species, in accordance with our July 
1, 1994, peer review policy (59 FR 34270). For a description of 
previous Federal actions concerning the Louisiana pinesnake, please 
refer to the proposed listing rule.
    Section 4(b)(6) of the Act and its implementing regulations at 50 
CFR 424.17(a) require that we take one of three actions within 1 year 
of a proposed listing and concurrent proposed designation of critical 
habitat: (1) Finalize the proposed rule; (2) withdraw the proposed 
rule; or (3) extend the final determination by not more than 6 months, 
if there is substantial disagreement regarding the sufficiency or 
accuracy of the available data relevant to the determination.
    Since the publication of the October 6, 2016, proposed listing rule 
(81 FR 69454), there has been substantial disagreement regarding 
available information related to the interpretation of the available 
survey data used to determine the Louisiana pinesnake's status and 
trends. Specifically, during the public comment period, we received 
multiple comments on the proposed listing and the sufficiency or 
accuracy of the available data used to support it. In particular, the 
comments reflected significant disagreement, including from one of the 
peer reviewers, regarding the interpretation of the available data used 
to determine the Louisiana pinesnake's status and trends, including the 
current conservation status of the Louisiana pinesnake in Louisiana 
and, particularly, in Texas. Therefore, in consideration of these 
disagreements, we have determined that a 6-month extension of the final 
determination for this rulemaking is necessary, and we are hereby 
extending the final determination for 6 months in order to solicit and 
consider additional information that will help to clarify these issues 
and to fully analyze data that are relevant to our final listing 
determination. With this 6-month extension, we will make a final 
determination on the proposed rule no later than April 6, 2018.

Information Requested

    We will accept written comments and information during this 
reopened comment period on our proposed listing rule. We will consider 
information and recommendations from all interested parties. We intend 
that any final action resulting from the proposal be as accurate as 
possible and based on the best available scientific and commercial 
data.
    We are particularly interested in new information and comments 
regarding:
    (1) The interpretation of scientific literature in the proposed 
rulemaking, and whether we overlooked any scientific literature in our 
analysis. In particular, some commenters expressed concern that there 
is insufficient scientific information (survey data in particular) to 
adequately assess the conservation status of the species, while others 
expressed concern that the available scientific information supports an 
endangered determination.
    (2) Additional survey information, including maps, throughout the 
Louisiana pinesnake's range, especially for Texas.
    (3) Trapping results to determine the Louisiana pinesnake's 
estimated occupied habitat areas (EOHAs). During the peer review 
period, peer reviewers were critical of methods used to determine EOHAs 
and questioned the interpretation that resulted from our analysis.
    If you previously submitted comments or information on the October 
6, 2016, proposed rule (81 FR 69454), please do not resubmit them. We 
have incorporated previously submitted comments into the public record, 
and we will fully consider them in the preparation of our final 
determination. Our final determination concerning the proposed listing 
will take into consideration all written comments and any additional 
information we receive.
    You may submit your comments and materials concerning the proposed 
rule by one of the methods listed in ADDRESSES, above. We request that 
you send comments only by the methods described in ADDRESSES.
    If you submit information via http://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the Web site. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing the proposed rule, will be available 
for public inspection on http://www.regulations.gov, or by appointment, 
during normal business hours, at the U.S. Fish and Wildlife Service, 
Louisiana Ecological Services Office (see FOR FURTHER INFORMATION 
CONTACT).

    Authority: The authority for this action is the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: August 30, 2017.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2017-21591 Filed 10-5-17; 8:45 am]
 BILLING CODE 4333-15-P