[Federal Register: January 29, 2007 (Volume 72, Number 18)]
[Page 4018-4019]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Endangered and Threatened Wildlife and Plants; Initiation of a 5-
Year Review of Ten Listed Northeastern Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.


SUMMARY: Pursuant to section 4(c)(2)(A) of the Endangered Species Act 
of 1973 (ESA), we, the U.S. Fish and Wildlife Service (Service), 
announce a 5-year review of 10 northeastern species. A 5-year review is 
a periodic process conducted to ensure that the listing classification 
of a species is accurate. A 5-year review is based on the best 
scientific and commercial data available at the time of the review; 
therefore, we are requesting submission of any such information that 
has become available since the original listing of the species as 
endangered or threatened. Based on the results of these 5-year reviews, 
we will make the requisite findings under section 4(c)(2)(B) of the 

DATES: To allow us adequate time to conduct this review, we must 
receive your information no later than March 30, 2007. However, we will 
continue to accept new information about any listed species at any 

ADDRESSES: Submit information to the U.S. Fish and Wildlife Service, 
Northeast Regional Office, 300 Westgate Center Drive, Hadley, MA 01035, 
to the attention of Ms. Mary Parkin. Information received in response 
to this notice and review will be available for public inspection, by 
appointment, during normal business hours, at the above address. 
Information may also be sent to Mary_Parkin@fws.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Mary Parkin at the above address 
or at 617-876-6173.

SUPPLEMENTARY INFORMATION: Under the ESA 16 U.S.C. 1531 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). 
Section 4(c)(2)(A) of the ESA 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 
substantiates 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 in 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 endangered 
Maryland darter (Etheostoma sellare), eastern cougar (Puma (=Felis) 
concolor couguar), Virginia fringed mountain snail (Polygyriscus 
virginianus), Virginia big-eared bat (Corynorhinus (=Plecotus) 
townsendii virginianus), Hay's Spring amphipod (Stygobromus hayi), 
American burying beetle (Nicrophorus americanus), and Lee County Cave 
isopod (Lirceus usdagalun), as well as the threatened Knieskern's 
beaked-rush (Rhyncospora knieskernii), bog turtle (Clemmys 
muhlenbergii), and small whorled pogonia (Isotria medeoloides).

Public Solicitation of New Information

    To ensure that the 5-year review is complete and based on the best 
available scientific and commercial information, we are soliciting new 
information from the public, concerned governmental agencies, Tribes, 
the scientific community, industry, environmental entities, and any 
other interested parties concerning the status of the following 
endangered species since their original listings: The Maryland darter 
in 1967 (32 FR 4001) with Critical Habitat in 1984 (49 FR 34228-34232); 
eastern cougar in 1973 (38 FR 14678); Virginia fringed mountain snail 
in 1978 (43 FR 28932-28935); Virginia big-eared bat in 1979 with 
Critical Habitat (44 FR 69206-69208); Hay's Spring amphipod in 1982 (47 
FR 5425-5427); American burying beetle in 1989 (54 FR 29652-29655); and 
the Lee County Cave isopod in 1992 (57 FR 54722-54726). In addition, we 
are requesting submission of any such information that has become 
available since the original listing of the following species as 
threatened: The Knieskern's beaked-rush in 1991 (56 FR 32978 32983); 
and bog turtle in 1997 (62 FR 59605-59623); as well as the revised 
listing of the small whorled pogonia as threatened in 1994 (59 FR 
    The 5-year review considers the best scientific and commercial data 
and all new information that has become available since the listing 
determination or most recent status review. Categories of requested 
information include: (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 that benefit the species; (D) threat status and trends; 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 
    If you wish to provide information for this 5-year review, you may 
submit your comments and materials to Ms. Mary Parkin (see ADDRESSES 
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review, by appointment, 
during regular business hours (see ADDRESSES section). Individual 
respondents may request that we withhold their name and/or home 
address, etc., but if you wish us to consider withholding this 
information, you must state this prominently at the beginning of your 
comments. In addition, you must present rationale for withholding this 
information. This rationale must demonstrate that disclosure would 
constitute a clearly unwarranted invasion of privacy. Unsupported 
assertions will not meet this burden. In the absence of exceptional, 
documentable circumstances, this information will be released. We will 
always make submissions from organizations or businesses, and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses, available for public inspection in their 

    Authority: This document is published under the authority of the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531).

[[Page 4019]]

    Dated: December 4, 2006.
Richard O. Bennett,
Regional Director, Northeast Region, Fish and Wildlife Service.
 [FR Doc. E7-1315 Filed 1-26-07; 8:45 am]