Proposed Rule2026-11414
Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Southern Hognose Snake
Primary source
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Published
June 8, 2026
Effective
August 29, 2025
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), are reopening the comment period on our August 29, 2025, proposed rule to list the southern hognose snake (Heterodon simus), a small, fossorial snake species from the coastal plains and sandhills across the southeastern United States, as a threatened species under the Endangered Species Act of 1973, as amended (Act) with protective regulations under section 4(d) of the Act (proposed rule). We are taking this action to conduct a public hearing and to allow all interested parties an additional opportunity to comment on the proposed rule. Comments previously submitted on the proposed rule need not be resubmitted and will be fully considered in our development of the final rule.
Full Text
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<title>Federal Register, Volume 91 Issue 109 (Monday, June 8, 2026)</title>
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[Federal Register Volume 91, Number 109 (Monday, June 8, 2026)]
[Proposed Rules]
[Pages 34597-34598]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11414]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2025-0210; FXES1111090FEDR-267-FF09E21000]
RIN 1018-BI23
Endangered and Threatened Wildlife and Plants; Threatened Species
Status With Section 4(d) Rule for Southern Hognose Snake
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period and announcement of
public hearing.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are
reopening the comment period on our August 29, 2025, proposed rule to
list the southern hognose snake (Heterodon simus), a small, fossorial
snake species from the coastal plains and sandhills across the
southeastern United States, as a threatened species under the
Endangered Species Act of 1973, as amended (Act) with protective
regulations under section 4(d) of the Act (proposed rule). We are
taking this action to conduct a public hearing and to allow all
interested parties an additional opportunity to comment on the proposed
rule. Comments previously submitted on the proposed rule need not be
resubmitted and will be fully considered in our development of the
final rule.
DATES:
Comment submission: The public comment period on the proposed rule
that published August 29, 2025, at 90 FR 42151, is reopened. We will
accept comments received on or before July 8, 2026. Comments submitted
electronically using the Federal eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m. eastern time on the closing date,
and comments submitted by U.S. mail must be received by that date to
ensure consideration.
To ensure your comment is received and considered, you must submit
it using one of the methods identified in the ADDRESSES section of this
document. Comments submitted through any method not authorized in this
document, or sent to an address not listed here, will not be
considered.
Public hearing: On June 25, 2025, we will hold a public hearing on
the proposed rule to list the southern hognose snake as a threatened
species under the Act from 5 p.m. to 7 p.m. eastern time, using the
Zoom platform (for more information, see Public Hearing, below).
ADDRESSES:
Comment submission: All submissions must include the docket number,
FWS-R4-ES-2025-0210, for this document. You must submit comments using
one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter FWS-R4-ES-2025-0210,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the panel on the left side of
the screen, under the Document Type heading, check the Proposed Rule
box to locate this document. You may submit a comment by clicking on
``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: Docket No. FWS-R4-ES-2025-0210, Policy and
Regulations Branch, U.S. Fish and Wildlife Service, MS: PRB (JAO/3W),
5275 Leesburg Pike, Falls Church, VA 22041-3803.
(3) Verbally at public hearing: Interested parties may present
verbal testimony (formal, oral comments) at the public hearing, which
will be held virtually using the Zoom platform. See Public Hearing,
below, for more information.
Comments submitted through any method not authorized in this
document, or sent to an address not listed here, will not be
considered. We will not accept comments via email, fax, or hand
delivery. We are not required to consider comments that are submitted
after the comment period ends or that are submitted via a method
outside of these instructions. Comments containing profanity,
vulgarity, threats, or other inappropriate content will not be
considered.
We will post all comments on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This
generally means that we will post any personal information you provide
us (see Public Comments, below, for more information).
Document availability: The August 29, 2025, proposed rule and its
supporting documents, including the species status assessment report,
are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-R4-ES-
2025-0210.
FOR FURTHER INFORMATION CONTACT: Christy Johnson-Hughes, Field
Supervisor, U.S. Fish and Wildlife Service, South Carolina Ecological
Services Field Office; 843-727-4707; <a href="/cdn-cgi/l/email-protection#cba8a3b9a2b8bfb294a1a4a3a5b8a4a5a3beaca3aeb88badbcb8e5aca4bd"><span class="__cf_email__" data-cfemail="a2c1cad0cbd1d6dbfdc8cdcaccd1cdcccad7c5cac7d1e2c4d5d18cc5cdd4">[email protected]</span></a>.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-
[[Page 34598]]
contact in the United States. Please see Docket No. FWS-R4-ES-2025-0210
on <a href="https://www.regulations.gov">https://www.regulations.gov</a> for a document that summarizes the
August 29, 2025, proposed rule.
SUPPLEMENTARY INFORMATION:
Background
On August 29, 2025, we published a proposed rule (90 FR 42151) to
list the southern hognose snake as a threatened species with protective
regulations under section 4(d) of the Act (16 U.S.C. 1531 et seq.). The
proposed rule opened a 60-day public comment period, ending on October
28, 2025. During the open comment period, we received a request for a
public hearing on the proposed rule. Therefore, we are reopening the
comment period on the proposal and announcing a public hearing (see
DATES, above) to allow the public an additional opportunity to provide
comments on the proposed rule for the southern hognose snake.
For a description of previous Federal actions concerning the
southern hognose snake and more information on the types of comments
that would be helpful to us in promulgating this rulemaking action,
please refer to the August 29, 2025, proposed rule (90 FR 42151).
Public Hearing
We are holding a public hearing to accept comments on our August
29, 2025, proposed rule (90 FR 42151) on the date and at the time
listed above in DATES. We are holding the public hearing via the Zoom
online video platform and via teleconference so that participants can
attend remotely. For security purposes, registration is required. All
participants must register in order to listen and view the hearing via
Zoom, listen to the hearing by telephone, or provide oral public
comments at the hearing by Zoom or telephone. For information on how to
register, or if you encounter technical problems joining Zoom on the
day of the hearing, visit <a href="https://empsi.zoom.us/webinar/register/WN_NGVA5rxMRtG1jvFUWX9DQg">https://empsi.zoom.us/webinar/register/WN_NGVA5rxMRtG1jvFUWX9DQg</a>.
Registrants will receive the Zoom link and the telephone number for
the public hearing. If applicable, interested members of the public not
familiar with the Zoom platform should view the Zoom video tutorials
(<a href="https://support.zoom.us/hc/en-us/articles/206618765-Zoom-video-tutorials">https://support.zoom.us/hc/en-us/articles/206618765-Zoom-video-tutorials</a>) prior to the public hearing.
The public hearing will provide interested parties an opportunity
to present verbal testimony (formal, oral comments) regarding the
August 29, 2025, proposed rule to list the southern hognose snake as a
threatened species with protective regulations under section 4(d) of
the Act (90 FR 42151). The public hearing will not be an opportunity
for dialogue with the Service but rather a forum for accepting formal
verbal testimony. In the event there is a large attendance, the time
allotted for oral statements may be limited. Therefore, anyone wishing
to make an oral statement at the public hearing for the record is
encouraged to provide a prepared written copy of their statement to us
through the Federal eRulemaking Portal or U.S. mail (see ADDRESSES,
above). There are no limits on the length of written comments submitted
to us. Anyone wishing to make an oral statement at the public hearing
must register at <a href="https://empsi.zoom.us/webinar/register/WN_NGVA5rxMRtG1jvFUWX9DQg#/registration">https://empsi.zoom.us/webinar/register/WN_NGVA5rxMRtG1jvFUWX9DQg#/registration</a> before the hearing. The use of
a virtual public hearing is consistent with our regulations at 50 CFR
424.16(c)(3).
Reasonable Accommodation
The Service is committed to providing access to the public hearing
for all participants. Closed captioning will be available during the
public hearing. Further, a full audio and video recording and
transcript of the public hearing will be posted online at <a href="https://www.fws.gov/event/virtual-public-hearing-proposed-listing-southern-hognose-snake">https://www.fws.gov/event/virtual-public-hearing-proposed-listing-southern-hognose-snake</a> after the hearing. Participants will also have access to
live audio during the public hearing via their telephone or computer
speakers. Persons with disabilities requiring reasonable accommodations
to participate in the hearing should contact the person listed under
FOR FURTHER INFORMATION CONTACT at least 5 business days prior to the
date of the hearing (see DATES, above) to help ensure availability.
Public Comments
If you already submitted comments or information on the August 29,
2025, proposed rule (90 FR 42151), please do not resubmit them. Any
such comments are incorporated as part of the public record of the
rulemaking proceeding, and we will fully consider them in preparation
for our final determination.
Comments should be as specific as possible. Please include
supplemental information with your submission (such as scientific
journal articles or other publications) to allow us to verify any
scientific or commercial information you include. Please note that
submissions merely stating support for, or opposition to, the action
under consideration without providing supporting information, although
noted, do not provide substantial information necessary to support a
determination. Section 4(b)(1)(A) of the Act directs that
determinations as to whether any species is an endangered or a
threatened species must be made solely on the basis of the best
scientific and commercial data available.
You may submit your comments and materials by one of the methods
listed in ADDRESSES. We request that you send comments only by the
methods described in ADDRESSES.
If you submit information via <a href="https://www.regulations.gov">https://www.regulations.gov</a>, your
entire submission--including your personal identifying information--
will be posted on the website. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Comments and materials we receive, as well as supporting
documentation we used in preparing the August 29, 2025, proposed rule
(90 FR 42151), will be available for public inspection on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Our final determination may differ from the August 29, 2025,
proposed rule (90 FR 42151) because we will consider all comments we
receive during the comment period as well as any information that may
become available after the proposed rule published. Based on the new
information we receive (and, if relevant, any comments on that new
information), we may conclude that the species is endangered instead of
threatened, or we may conclude that the species does not warrant
listing as either an endangered species or a threatened species. In our
final rule, we will clearly explain our rationale and the basis for our
final decision, including why we made changes, if any, that differ from
the August 29, 2025, proposed rule (90 FR 42151).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Brian R. Nesvik,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2026-11414 Filed 6-5-26; 8:45 am]
BILLING CODE 4333-15-P
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