14 



of the National Academy of Sciences to request the assistance of the Academy 

 in resolving the dispute. This course of action was recommended by Congress- 

 man John Breaux and first raised in Monsanto's letter of March 3. The Academy 

 responded that it did not have sufficient time to set up such a panel, 

 but recommended a number of turtle biologists and statisticians that would 

 be qualified to serve. Thus the panel was not endorsed by the National 

 Academy of Sciences, nor did it contain any Academy members. 



On June 5-6, 1980, the panel was convened by FWS at the Patuxent 

 Wildlife Research Center under the auspices of David Trauger, Chief of 

 FWS' Wildlife Ecology Research Division. Trauger had no prior experience 

 with the events surrounding the administrative record regarding J<. _f. 

 spooneri , nor did he review any data in the files of OES. No one from 

 OES was invited to the meeting to present information regarding the 

 listing although the question was raised by one panel member (C. Ernst, 

 pens. comm.). The panel consisted of the following members: James F. 

 Berry, James L. Christiansen, Carl Ernst, J. Whitfield Gibbons, Paul N. 

 Hinz, and John 8. Iverson. 



The panel was given five questions to respond to, including: 



irties furnishing 



2. Were the procedures utilized (such as electrophoresis) to 

 determine the taxonomic status of the Illinois mud turtle 

 valid for use on these turtles, and was the analysis of 

 data from these procedures reasonable? 



3. Does the information and analysis suggest that Kinosternon 

 flavescens spooneri is a distinct subspecies? 



4. Is it correct to assume in those cases where surveys found 

 only a few turtles that sizeable populations were present 

 under the water or under the ground? 



5. Does analysis of the data imply that the Illinois mud turtle 

 is a declining subspecies or population, a stable subspecies 

 or population, or an increasing subspecies or population? 

 Can any projection be made in regard to the total number of 

 individuals in such subspecies or populations? 



A final report was typed and signed by all members (Berry et al., 

 1980). It concluded, in part, that: 1) there was no attempt "to estimate 

 the total population of Illinois mud turtles based on a statistically 

 valid survey of Illinois mud turtle habitat" although estimates in areas 



