[Federal Register: September 20, 2005 (Volume 70, Number 181)]
[Page 55157-55158]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 55157]]



Fish and Wildlife Service

Endangered and Threatened Wildlife and Plants; 5-Year Review of 
14 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 red wolf (Canis rufus), Appalachian elktoe 
(Alasmidonta raveneliana), Cumberland elktoe (Alasmidonta 
atropurpurea), Cumberland monkeyface (Quadrula intermedia), 
Cumberlandian combshell (Epioblasma brevidens), green blossom 
(Epioblasma torulosa gubernaculum), oyster mussel (Epioblasma 
capsaeformis), tubercled blossom (Epioblasma torulosa torulosa), turgid 
blossom (Epioblasma turgidula), yellow blossom (Epioblasma florentina 
florentina), painted snake coiled forest snail (Anguispira picta), 
dwarf-flowered heartleaf (Hexastylis naniflora), Schweinitz's sunflower 
(Helianthus schweinitzii), and seabeach amaranth (Amaranthus pumilus) 
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 November 
21, 2005. However, we will continue to accept new information about any 
listed species at any time.

ADDRESSES: Information submitted on the red wolf should be sent to the 
U.S. Fish and Wildlife Service, Alligator River National Wildlife 
Refuge, P.O. Box 1969, Manteo, North Carolina 27954. Information 
submitted on the Appalachian elktoe, Cumberland monkeyface, dwarf-
flowered heartleaf, Schweinitz's sunflower, or the tubercled blossom 
should be sent to the Field Supervisor, Asheville Field Office, U.S. 
Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North 
Carolina 28801. Information submitted on the Cumberland elktoe, 
Cumberlandian combshell, green blossom, oyster mussel, painted snake 
coiled forest snail, turgid blossom or the yellow blossom should be 
sent to the Field Supervisor, Cookeville Field Office, U.S. Fish and 
Wildlife Service, 446 Neal Street, Cookeville, Tennessee 38501. 
Information on the seabeach amaranth should be sent to the Field 
Supervisor, Raleigh Field Office, P. O. Box 33726, Raleigh, North 
Carolina 27636-3726. Information received in response to this notice of 
review will be available for public inspection by appointment, during 
normal business hours, at the same addresses.

FOR FURTHER INFORMATION CONTACT: Buddy Fazio, Alligator River National 
Wildlife Refuge, North Carolina, address above for the red wolf 
(telephone (252) 473-1131), John Fridell at the Asheville, North 
Carolina address above for the Appalachian elktoe (telephone (828) 258-
3939), Robert Butler at the Asheville, North Carolina address above for 
the Cumberland monkeyface or the tubercled blossom (telephone (828) 
258-3939), Carolyn Wells at the Asheville, North Carolina address above 
for dwarf-flowered heartleaf or Schweinitz's sunflower (telephone (828) 
258-3939), Tim Merritt at the Cookeville, Tennessee address above for 
the Cumberland elktoe, Cumberlandian combshell, green blossom, oyster 
mussel, painted snake coiled forest snail, turgid blossom or the yellow 
blossom (telephone (931) 528-6481), and Dale Suiter at the Raleigh, 
North Carolina address above for the seabeach amaranth (telephone (919) 

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 wildlife) 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 
five years. On the basis of such review, under section 4(c)(2)(B), we 
determine whether or not 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: Appalachian 
elktoe, red wolf, Cumberland monkeyface, Cumberland elktoe, 
Cumberlandian combshell, green blossom, oyster mussel, tubercled 
blossom, turgid blossom, yellow blossom, and Schweinitz's sunflower. 
This notice announces our active review of the following species that 
are currently federally listed as threatened: painted snake coiled 
forest snail, dwarf-flowered heartleaf and seabeach amaranth.
    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 

Specific Information Requested for the Green Blossom, Yellow Blossom, 
and Turgid Blossom

    Because collection of live or fresh dead individuals of all three 
species has not been reported for more than 20 years, we are especially 
interested in obtaining evidence of extant populations. We specifically 
request information regarding recent surveys in the following streams:

[[Page 55158]]

Virginia (green blossom): Clinch River, Powell River, North Fork 
Holston River, and North Fork Clinch River.
Tennessee (green blossom): Clinch River, Powell River, Holston River, 
Nolichucky River, and North Fork Clinch River.
Arkansas (turgid-blossom): Spring Creek, Black River, and White River.
Missouri (turgid-blossom): White River.
Alabama (turgid-blossom): Shoal Creek and Bear Creek.
Tennessee (turgid-blossom): Tennessee River, Elk River, Duck River, 
Holston River, Clinch River, Emory River, and Cumberland River.
Alabama (yellow-blossom): Flint River, Hurricane Creek, Limestone 
Creek, Bear Creek, and Cypress Creek.
Tennessee (yellow-blossom): Tennessee River, Elk River, Duck River, 
Holston River, Little Tennessee River, Citico Creek, Clinch River, and 
Cumberland River.

    We also request information concerning changes in habitat 
conditions in the above-listed streams since the last reported 
collection of the green-blossom, yellow-blossom, and turgid-blossom. 
This information will enable us to determine whether or not populations 
of the species may still exist in one or more of those streams.

Specific Information Requested for the Cumberland Elktoe, Cumberlandian 
Combshell, and Oyster Mussel

    We are especially interested in information on surviving 
populations of the Cumberland elktoe, Cumberlandian combshell and 
oyster mussel. We specifically request any recent information regarding 
the collection of live or fresh dead shells of these species, as well 
as information on their location, numbers, habitats and/or threats.

Specific Information Requested for the Painted Snake Coiled Forest 

    We are especially interested in obtaining any data pertaining to 
previously known or newly discovered occurrences of the painted snake 
coiled forest snail or biological studies related to this species. We 
specifically request information regarding: potential threats arising 
from commercial, industrial, or residential development, timber 
harvesting, or other land use activities; conservation activities 
directed towards this species; and studies related to life history, 
genetics, and ecology of these animals, including sensitivity to 
seismic disturbance or limestone dust deposition that could result from 
quarrying operations.

Specific Information Requested for the Seabeach Amaranth

    We are especially interested in information on population trends, 
distribution and genetics, as well as, the effects of beach nourishment 
projects on seabeach amaranth individuals, populations and habitat.

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 
existence. Section 4(a)(1) of the Act requires that our determination 
be made on the basis of the best scientific and commercial data 

What Could Happen as a Result of This Review?

    If we find that there is new information concerning any of these 14 
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 14 
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.).

    Dated: August 25, 2005.
Jeffrey Fleming,
Acting Regional Director, Southeast Region.
[FR Doc. 05-18688 Filed 9-19-05; 8:45 am]