[Federal Register: February 21, 2003 (Volume 68, Number 35)]
[Proposed Rules]               
[Page 8487]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AI45

Endangered and Threatened Wildlife and Plants; Threatened Status 
and Special Regulation for the Mountain Plover

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period.


SUMMARY: On December 5, 2002, we, the Fish and Wildlife Service 
(Service), published a notice of new information and reopened the 
comment period to propose listing the mountain plover as a threatened 
species (67 FR 72396), under authority of the Endangered Species Act of 
1973, as amended (Act). We hereby give notice that the comment period 
is reopened until March 21, 2003.

DATES: The comment period on the proposed listing rule is reopened 
until March 21, 2003.

ADDRESSES: Written comments and materials should be sent to the 
Assistant Field Supervisor, U.S. Fish and Wildlife Service, 764 Horizon 
Drive, Building B, Grand Junction, Colorado 81506-3946. You may send 
electronic mail (e-mail) comments to fw6--mountainplover@fws.gov. You 

also may obtain a copy of the 1999 proposed rule to list the mountain 
plover (64 FR 7587) and other pertinent documents from this office, or 
access them at our Web site at http://www.r6.fws.gov/mtnplover/. We 

will make comments and materials we receive available for public 
inspection, by appointment, during normal business hours at the above 

FOR FURTHER INFORMATION CONTACT: Robert Leachman at the above address; 
telephone: 970-243-2778; facsimile: 970-245-6933; or e-mail: robert--



    On February 16, 1999, we published a proposed rule to list the 
mountain plover as a threatened species (64 FR 7587). Higher priority 
listing actions precluded listing work on the mountain plover during 
Fiscal Years 2000 and 2001. On October 16, 2001, Earthjustice 
(representing the Biodiversity Legal Foundation, Biodiversity 
Associates, and Center for Native Ecosystems) submitted a 60-day notice 
of intent to sue to the Secretary of the Department of the Interior and 
the Fish and Wildlife Service Regional Director for failure to meet 
listing deadlines for the mountain plover, as required by section 
4(b)(6)(A) of the Act. We responded by publishing a notice of new 
information and reopening the comment period on the listing proposal on 
December 5, 2002 (67 FR 72396). The comment period closed on February 
3, 2003.
    Section 4(b)(5)(E) of the Act requires that public hearings 
regarding proposals for listing be held promptly when requested by the 
public within 45 days of the proposal's publication in the Federal 
Register. We received public hearing requests and requests to extend 
the comment period during the allotted time period from California 
Congressman Bob Filner, the Oklahoma Farm Bureau, the Kansas Farm 
Bureau, and Holland and Hart LLP, representing the Petroleum 
Association of Wyoming. Following discussions with each of these 
parties, each agreed that informational meetings rather than formal 
hearings would be acceptable. Therefore, we scheduled, advertised, and 
conducted informational meetings in El Centro, California, and Elkhart, 
Kansas. We are also reopening the comment period in response to these 
requests. Comments already submitted in response to the December 5, 
2002, rulemaking document need not be resubmitted and will be fully 
considered in our decisionmaking on this proposed rule.


    The author of this notice is Robert Leachman (see FOR FURTHER 


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

    Dated: February 11, 2003.
Steve Williams,
Director, Fish and Wildlife Service.
[FR Doc. 03-4152 Filed 2-20-03; 8:45 am]