Endangered and Threatened Wildlife and Plants; Notice of Closure of Public Comment Period

Background

On February 28, 1996, the Service published a revised candidate notice of review in the Federal Register (61 FR 7596) that announced changes to the way the Service identifies species that are candidates for listing under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). For reasons outlined in the candidate notice, the Service noted its intention to discontinue maintaining a list of species that were previously identified as ``category-2 candidates.'' Category-2 candidates were species for which the Service had information indicating that protection under the Act may be warranted but for which it lacked sufficient information on status and threats to justify preparation of a proposed listing. In addition to soliciting biological information on taxa that are candidates for listing under the Act, the Service also solicited public comments of a general nature (61 FR 7596; February 28, 1996) when it announced the revisions to the candidate identification process. The candidate notice specified no closing date for comments of either a general, or a species-specific nature. The Service now announces that it will consider all public comments on the matter of discontinuing the practice of identifying category-2 candidate species that are received on or before October 17, 1996. By December 1, 1996, the Service will publish a subsequent notice in the Federal Register addressing all comments received and indicating a final decision on this issue and how the Service intends to identify species that are under consideration for possible addition to the list of endangered or threatened species. As solicited in the Service's February 28, 1996 candidate notice (61 FR 7596), comments and information relating to the biological status and threats of particular taxa that are, or should be, regarded as candidates for protection under the Act may be submitted at any time to the Regional Director of the Region identified as having lead responsibility. Biological status and threat information for species that do not have a designated lead Region should be submitted to the Division of Endangered Species, Washington, D.C.

National Environmental Policy Act

The Service does not consider any decision to discontinue the maintenance of a list of category-2 candidate species in notices of review to be a major Federal action significantly affecting the human environment for purposes of the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.). Further, the Department of the Interior's Departmental Manual (DM) categorically excludes, ``Activities which are educational, informational, advisory or consultative to other agencies, public or private entities, visitors, individuals, or the general public'' (516 DM 2, Appendix 1, item 1.11). Notices of review serve the purpose of informing Federal agencies, state agencies, and the general public of taxa that are candidates for possible addition to the lists of endangered or threatened wildlife and plants. They also serve as data-gathering tools to assist the Service in developing the best available scientific and commercial data on such taxa. There is no statutory or regulatory mandate on how to structure or when to publish these notices. Thus, even if the Service's decision to discontinue maintenance of a list of species of concern as category- 2 candidates in notices of review were considered an ``action'' for purposes of

NEPA, such would fall within this categorical exclusion. The Service also believes that the exceptions to categorical exclusions (516 DM 2, Appendix 2) would not be applicable to such a decision, especially in light of the absence of environmental effects for such action.

Authority

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

Dated: September 6, 1996 John G. Rogers Acting Director, Fish and Wildlife Service. [FR Doc. 96-23718 Filed 9-16-96; 8:45 am] BILLING CODE 4310-55-P