[Federal Register: September 14, 2010 (Volume 75, Number 177)]
[Page 55820-55823]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

[FWS-R3-ES-2010-N129; 30120-1113-0000-C4]

Endangered and Threatened Wildlife and Plants; 5-Year Status 
Reviews of Seven Midwest Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of initiation of reviews; request for information.


SUMMARY: We, the U.S. Fish and Wildlife Service, are initiating 5-year 
status reviews under the Endangered Species Act of 1973, as amended 
(Act), of seven animal and plant species. We conduct these reviews to 
ensure that our classification of each species on the Lists of 
Endangered and Threatened Wildlife and Plants as threatened or 
endangered is accurate. A 5-year review

[[Page 55821]]

assesses the best scientific and commercial data available at the time 
of the review. We are requesting the public to send us any information 
that has become available since the most recent status reviews on each 
of these species. Based on review results, we will determine whether we 
should change the listing status of any of these species.

DATES: To ensure consideration, please send your written information by 
November 15, 2010. However, we will continue to accept new information 
about any listed species at any time.

ADDRESSES: For how and where to send comments or information, see 

FOR FURTHER INFORMATION CONTACT: To request information, see ``VIII. 
Contacts'' under SUPPLEMENTARY INFORMATION. Individuals who are hearing 
impaired or speech impaired may call the Federal Relay Service at 800-
877-8337 for TTY (telephone typewriter or teletypewriter) assistance.


I. Why do we conduct a 5-year review?

    Under the Act (16 U.S.C. 1531 et seq.), we maintain Lists of 
Endangered and Threatened Wildlife and Plants (which we collectively 
refer to as the List) in the Code of Federal Regulations (CFR) at 50 
CFR 17.11 (for animals) and 17.12 (for plants). Section 4(c)(2)(A) of 
the Act requires us to review each listed species' status at least once 
every 5 years. Then, under section 4(c)(2)(B), we determine whether to 
remove any species from the List (delist), to reclassify it from 
endangered to threatened, or to reclassify it from threatened to 
endangered. Any change in Federal classification requires a separate 
rulemaking process.
    In classifying, we use the following definitions, from 50 CFR 
    (A) Species includes any species or subspecies of fish, wildlife, 
or plant, and any distinct population segment of any species of 
vertebrate, that interbreeds when mature;
    (B) Endangered species means any species that is in danger of 
extinction throughout all or a significant portion of its range; and
    (C) Threatened species means any species that is likely to become 
an endangered species within the foreseeable future throughout all or a 
significant portion of its range.
    We must support delisting by the best scientific and commercial 
data available, and only consider delisting if data substantiate that 
the species is neither endangered nor threatened for one or more of the 
following reasons (50 CFR 424.11(d)):
    (A) The species is considered extinct;
    (B) The species is considered to be recovered; or
    (C) The original data available when the species was listed, or the 
interpretation of data, were in error.
    Our regulations at 50 CFR 424.21 require that we publish a notice 
in the Federal Register announcing the species we are reviewing.

II. What species are under review?

    This notice announces our active 5-year status reviews of the 
species in table 1.

                      Table 1--Current Listing Status of Species Under 5-year Status Review
                                                                                           Final listing rule
          Common name            Scientific name        Status         Where listed       publication date and
Higgins eye...................  Lampsilis          Endangered......  U.S.A. (IA, IL,   June 14, 1976
                                 higginsii.                           MN, MO, NE, WI). (41 FR 24064).
Snail, Iowa Pleistocene.......  Discus             Endangered......  U.S.A. (IA, IL).  July 3, 1978
                                 macclintocki.                                         (43 FR 28932).
Beetle, Hungerford's crawling   Brychius           Endangered......  U.S.A. (MI,       March 7, 1994
 water.                          hungerfordi.                         Canada).         (59 FR 10580).
Missouri bladderpod...........  Physaria           Threatened......  U.S.A. (AR, MO).  October 15, 2003 (68 FR
                                 filiformis                                             59337).
Running buffalo clover........  Trifolium          Endangered......  U.S.A. (AR, IL,   June 5, 1987
                                 stoloniferum.                        IN, KS, KY, MO,  (52 FR 21478).
                                                                      OH, WV).
Western prairie fringed orchid  Platanthera        Threatened......  U.S.A. (IA, KS,   September 28, 1989
                                 praeclara.                           MN, MO, ND, NE,  (54 FR 39857).
                                                                      OK, SD), Canada
Pitcher's thistle.............  Cirsium pitcheri.  Threatened......  U.S.A. (IL, IN,   July 18, 1988
                                                                      MI, WI), Canada  (53 FR 27137).

III. What do we consider in our review?

    We consider all new information available at the time we conduct a 
5-year status review. We consider the best scientific and commercial 
data that has become available since our current listing determination 
or most recent status review, accessible from our Web site http://
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 that benefit 
the species;
    (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 

IV. How do we determine whether a species is endangered or threatened?

    Section 4(a)(1) of the Act requires that we determine whether a 
species is

[[Page 55822]]

endangered or threatened based on one or more of the five following 
    (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 
    Under section 4(b)(1) of the Act, we must base our assessment of 
these factors solely on the best scientific and commercial data 

V. What could happen as a result of our review?

    For each species under review, if we find new information that 
indicates 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 threatened to endangered (uplist);
    (B) Reclassify the species from endangered to threatened 
(downlist); or
    (C) Remove the species from the List (delist).
    If we determine that a change in classification is not warranted, 
then the species remains on the List under its current status. 
Therefore, elsewhere in today's issue of the Federal Register, we have 
published a direct final rule to notify the public that we are revising 
the List of Endangered and Threatened Plants (50 CFR 17.12(h)) to 
reflect the most recent scientifically accepted taxonomy and 
nomenclature of Physaria filiformis (=Lesquerella f.), in accordance 
with 50 CFR 17.12(b). We published our direct final rule because 
revision of the List for this purpose is a noncontroversial action 
that, in the best interest of the public, should be undertaken in as 
timely manner as possible. The direct final rule will be effective on 
the date specified (see the DATES section of the rule) unless we 
receive significant adverse comments. Significant adverse comments are 
comments that provide strong justifications as to why our rule should 
not be adopted or why it should be changed. We will give the same 
consideration to comments submitted in response to either our direct 
final rule or notice to initiate 5-year reviews; you do not need to 
submit separate comments in regard to the taxonomy of Missouri 
bladderpod for both documents.

VI. Request for New Information

    To ensure that a 5-year review is complete and based on the best 
available scientific and commercial information, we request new 
information from all sources. See ``What Information Do We Consider in 
Our Review?'' for specific criteria. If you submit information, support 
it with 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.
    Submit your comments and materials to the appropriate U.S. Fish and 
Wildlife Service office listed under ``VIII. Contacts.''
    Submit all electronic information in Text or Rich Text format to 
FW3MidwestRegion_5YearReview@fws.gov. Please send information for each 
species in a separate e-mail. Provide your name and return address in 
the body of your message, and include the following identifier in your 
e-mail subject line: Information on 5-year review for [NAME OF 

VII. Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so. Comments and materials received will be available for 
public inspection, by appointment, during normal business hours at the 
offices where the comments are submitted.

VIII. Contacts

    Send your comments and information on the following species, as 
well as requests for information, to the corresponding contacts. You 
may view information we receive in response to this notice, as well as 
other documentation in our files, at the following locations by 
appointment, during normal business hours.

                                 Contact person,
           Species                phone, e-mail        Contact address
Higgins eye (pearlymussel)    Mr. Phil Delphey,     Twin Cities Field
 and Platanthera praeclara.    (612) 725-3548,       Office, U.S. Fish
                               phil_delphey@fws.g   and Wildlife
                               ov.                   Service, 1401
                                                     American Boulevard
                                                     E., Bloomington, MN
Iowa Pleistocene snail......  Ms. Kristen Lundh,    Rock Island Field
                               (309) 757-5800,       Office, U.S. Fish
                               kristen--lundh@fws.   and Wildlife
                               gov.                  Service, 1511 47th
                                                     Avenue, Moline, IL
Hungerford's crawling water   Ms. Barbara Hosler,   East Lansing Field
 beetle.                       (517) 351-6326,       Office, U.S. Fish
                               barbara--hosler@fws   and Wildlife
                               .gov.                 Service, 2651
                                                     Coolidge Road,
                                                     Suite 101, East
                                                     Lansing, MI 48823-
Physaria filiformis           Dr. Paul McKenzie,    Columbia Missouri
 (=Lesquerella filiformis).    (573) 234-2132,       Field Office, U.S.
                               extension 107,        Fish and Wildlife
                               paul--mckenzie@fws.   Service, 101 Park
                               gov.                  DeVille Drive,
                                                     Suite A, Columbia,
                                                     MO 65203-0057.
Trifolium stoloniferum......  Ms. Julie Proell,     Ohio Field Office,
                               (614) 416-8993,       U.S. Fish and
                               extension 19,         Wildlife Service,
                               julie_proell@fws.g   4625 Morse Road,
                               ov.                   Suite 104,
                                                     Columbus, OH 43230.
Cirsium pitcheri............  Ms. Tameka            East Lansing Field
                               Dandridge, (517)      Office, U.S. Fish
                               351-8315, tameka--    and Wildlife
                               dandridge@fws.gov.    Service, 2651
                                                     Coolidge Road,
                                                     Suite 101, East
                                                     Lansing, MI 48823-

[[Page 55823]]

IX. Authority

    We publish this notice under the authority of the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: August 27, 2010.
Thomas O. Melius,
Regional Director, Midwest Region, U.S. Fish and Wildlife Service.
[FR Doc. 2010-22812 Filed 9-13-10; 8:45 am]