[Federal Register: June 21, 2005 (Volume 70, Number 118)]
[Page 35689-35691]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Endangered and Threatened Wildlife and Plants; 5-Year Review of 
10 Southeastern Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.


SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 5-
year review of the Key deer (Odocoileus virginianus clavium), St. 
Andrew beach mouse (Peromyscus polionotus peninsularis), Florida 
panther (Puma (=Felis) concolor coryi), Cape Sable seaside sparrow 
(Ammodramus maritimus mirabilis), Okaloosa darter (Etheostoma 
okaloosae), beach jacquemontia (Jacquemontia reclinata), deltoid spurge 
(Chamaesysce deltoidea ssp. deltoidea), fringed campion (Silene 
polypetala), Small's milkpea (Galactia smallii), and tiny polygala 
(Polygala smallii) under section 4(c)(2) of the Endangered Species Act 
of 1973, as amended (Act). The purpose of reviews conducted under this 
section of the Act is to ensure that the classification of species as 
threatened or endangered on the List of Endangered and Threatened 
Wildlife and Plants (50 CFR 17.11 and 17.12) is accurate. The 5-year 
review is an assessment of the best scientific and commercial data 
available at the time of the review.

DATES: To allow us adequate time to conduct this review, information 
submitted for our consideration must be received on or before August 
22, 2005. However, we will continue to accept new information about any 
listed species at any time.

ADDRESSES: Information submitted on the St. Andrew beach mouse, 
Okaloosa darter, and fringed campion (a plant) should be sent to the 
Deputy Field Supervisor, Panama City Field Office, U.S. Fish and 
Wildlife Service, 1601 Balboa Avenue, Panama City, Florida 32405. 
Information about the remaining 7 species should be sent to the Field 
Supervisor, South Florida Field Office, U.S. Fish and Wildlife Service, 
1339 20th Street, Vero Beach, Florida 32960. Information received in 
response to this notice of review will be available for public 
inspection by appointment, during normal business hours, at the same 

FOR FURTHER INFORMATION CONTACT: Janet Mizzi at the Panama City, 
Florida, address above for the St. Andrew beach mouse, Okaloosa darter, 
and fringed campion (telephone, 850/769-0552, ext. 247), and Cindy 
Schulz at the above Vero Beach, Florida, address for the remaining 7 
species (telephone, 772/562-3909, ext. 305).

SUPPLEMENTARY INFORMATION: Under the Act (16 U.S.C. 1533 et seq.), the 
Service maintains a list of endangered and threatened wildlife and 
plant species at 50 CFR 17.11 (for animals) and 17.12 (for plants) 
(collectively referred to as the List). Section 4(c)(2)(A) of the Act 
requires that we conduct a review of listed species at least once every 
5 years. Then, on the basis of such reviews, under section 4(c)(2)(B), 
we determine whether or not any species should be removed from the List 
(delisted), or reclassified from endangered to threatened or from 
threatened to endangered. Delisting a species must be supported by the 
best scientific and commercial data available and only considered if 
such data substantiate that the species is neither endangered nor 
threatened for one or more of the following reasons: (1) The species is 
considered extinct; (2) the species is considered to be recovered; and/
or (3) the original data available when the species was listed, or the 
interpretation of such data, were in error. Any change in Federal 
classification would require a separate rulemaking process. The 
regulations at 50 CFR 424.21 require that we publish a notice in the 
Federal Register announcing those species currently under active 
review. This notice announces our active review of the following 
species that are currently federally listed as endangered: Key deer, 
St. Andrew beach mouse, Florida panther, Cape Sable seaside sparrow, 
Okaloosa darter, beach jacquemontia, deltoid spurge, fringed campion, 
Small's milkpea, and tiny polygala.
    The List is found at 50 CFR 17.11 (wildlife) and 17.12 (plants) and 
is also available on our Internet site at http://endangered.fws.gov/wildlife.html#Species.
 Amendments to the List through final rules are 

published in the Federal Register.

What Information Is Considered in the Review?

    A 5-year review considers all new information available at the time 
of the review. A 5-year review will consider the best scientific and 
commercial data that have become available since the current listing 
determination or most recent status review of each species, such as:
    A. Species biology, including but not limited to population trends, 
distribution, abundance, demographics, and genetics;
    B. Habitat conditions, including but not limited to amount, 
distribution, and suitability;
    C. Conservation measures that have been implemented to benefit the 
    D. Threat status and trends (see five factors under heading ``How 
do we determine whether a species is endangered or threatened?''); and
    E. Other new information, data, or corrections, including but not 
limited to taxonomic or nomenclatural changes, identification of 
erroneous information contained in the List, and improved analytical 

[[Page 35690]]

Specific Information Requested for the Florida Panther

    We are especially interested in obtaining estimates of the extent 
of habitat loss, degradation, and fragmentation within Charlotte, 
Collier, Desoto, Glades, Hendry, Highlands, Lee, Okeechobee, Osceola, 
Polk, and Sarasota Counties, Florida. We specifically request 
information regarding habitat alteration due to conversions to 
agricultural, residential, or urban uses or land use intensification, 
especially for uplands. We also seek information on nocturnal habitat 
use by panthers to determine differences from diurnal use.

Specific Information Requested for the Key Deer

    We are especially interested in information on habitat 
relationships for the Key deer, including foraging ecology, fire 
ecology, and plant community dynamics. We also seek information on the 
Key deer population size, number of subpopulations, sex ratio, age 
structure, population viability, habitat condition and availability, 
dispersal, and level of threats to the Key deer on Big Pine and No Name 
Keys and other islands within its historic range.

Specific Information Requested for the St. Andrew Beach Mouse

    We are especially interested in information on threats to the 
species, status of the species, genetics relative to subspecies status, 
and conservation measures. We specifically request any recent 
information regarding the status of the species post-Hurricane Ivan.

Specific Information Requested for the Okaloosa Darter

    We are especially interested in information on the status of the 
Okaloosa darter in areas outside the boundaries of Eglin Air Force Base 
(EAFB), Florida. We specifically request any information on threats to 
the species and its habitat, including the areas in the Turkey Creek, 
Swift Creek, and East Turkey Creek watersheds not within the boundaries 
of EAFB. We are also interested in conservation measures in these same 
areas that may have benefited the Okaloosa darter.

Specific Information Requested for the Beach Jacquemontia

    We are especially interested in information on management practices 
being implemented in Palm Beach, Broward, and Miami-Dade Counties for 
beach erosion. We specifically request any recent information regarding 
beach nourishment projects and dune stabilization. We are also 
interested in obtaining an estimate of the degree of beach erosion that 
occurred as a result of the 2004 hurricane season and any changes in 
management practices that were made as a result of the storms.

Specific Information Requested for the Deltoid Spurge

    We are especially interested in information on the status of this 
species in pine rocklands of Miami-Dade County, Florida. We 
specifically request any recent information regarding its responses to 
prescribed fire, control of exotic pest plants, and other management 
actions on conservation lands.

Specific Information Requested for the Small's Milkpea

    We are especially interested in information on the status of this 
species in pine rocklands of Miami-Dade County, Florida. We 
specifically request any recent information regarding the responses of 
this plant to prescribed fire and to methods used to control exotic 
pest plants and encroaching native hardwoods.

Specific Information Requested for the Tiny Polygala

    We are especially interested in information on the status of this 
species in Miami-Dade, Broward, Palm Beach, and Martin Counties, 
Florida. We specifically request any recent information regarding its 
responses to prescribed fire, control of exotic pest plants, and other 
management actions on conservation lands.

Definitions Related to This Notice

    The following definitions are provided to assist those persons who 
contemplate submitting information regarding the species being 
    A. Species includes any species or subspecies of fish, wildlife, or 
plant, and any distinct population segment of any species of vertebrate 
which interbreeds when mature.
    B. Endangered means any species that is in danger of extinction 
throughout all or a significant portion of its range.
    C. Threatened means any species that is likely to become an 
endangered species within the foreseeable future throughout all or a 
significant portion of its range.

How Do We Determine Whether a Species Is Endangered or Threatened?

    Section 4(a)(1) of the Act establishes that we determine whether a 
species is endangered or threatened based on one or more of the 
following five factors:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes;
    C. Disease or predation;
    D. The inadequacy of existing regulatory mechanisms; or
    E. Other natural or manmade factors affecting its continued 
    Section 4(a)(1) of the Act requires that our determination be made 
on the basis of the best scientific and commercial data available.

What Could Happen as a Result of This Review?

    If we find that there is new information concerning any of these 10 
species indicating that a change in classification may be warranted, we 
may propose a new rule that could do one of the following: (a) 
reclassify the species from endangered to threatened (downlist); (b) 
reclassify the species from threatened to endangered (uplist); or (c) 
delist the species. If we determine that a change in classification is 
not warranted, then these species will remain on the List under their 
current status.

Public Solicitation of New Information

    We request any new information concerning the status of these 10 
species. See ``What information is considered in the review?'' heading 
for specific criteria. Information submitted should be supported by 
documentation such as maps, bibliographic references, methods used to 
gather and analyze the data, and/or copies of any pertinent 
publications, reports, or letters by knowledgeable sources. Our 
practice is to make comments, including names and home addresses of 
respondents, available for public review. Individual respondents may 
request that we withhold their home addresses from the supporting 
record, which we will honor to the extent allowable by law. There also 
may be circumstances in which we may withhold from the supporting 
record a respondent's identity, as allowable by law. If you wish us to 
withhold your name and/or address, you must state this prominently at 
the beginning of your comment. We will not consider anonymous comments, 
however. We will make all submissions from organizations or businesses, 
and from individuals identifying themselves as representatives or 
officials of organizations or businesses, available for public 
inspection in their entirety.

    Authority: This document is published under the authority of the 
Endangered Species Act (16 U.S.C. 1531 et seq.).

[[Page 35691]]

    Dated: May 26, 2005.
Cynthia K. Dohner,
Acting Regional Director, Southeast Region.
[FR Doc. 05-12187 Filed 6-20-05; 8:45 am]