[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Page 17153-17154]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

[FWS-R4-ES-2010-N037; 40120-1113-0000-C4]

Endangered and Threatened Wildlife and Plants; 5-Year Status 
Review of Roseate Tern

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of status review; request for information; 


SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are 
clarifying a prior published notice regarding our 5-year status review 
for the roseate tern (Sterna dougalli dougalli) under the Endangered 
Species Act of 1973, as amended (Act). We conduct these reviews to 
ensure that the classification of species as threatened or endangered 
on the Lists of Endangered and Threatened Wildlife and Plants is 
accurate. The prior notice indicated that we are conducting a status 
review of only the northeastern population of the roseate tern; we are 
actually conducting a status review of this species throughout the 
entire area where it is listed.

[[Page 17154]]

DATES: To allow us adequate time to conduct this review, we must 
receive your comments or information on or before June 4, 2010. 
However, we will continue to accept new information about any listed 
species at any time.

ADDRESSES: To submit information on the roseate tern or review 
information that we receive, contact the appropriate address:
     Roseate tern where listed as endangered: New England Field 
Office, U.S. Fish and Wildlife Service, 70 Commercial Street, Suite 
300, Concord, New Hampshire 03301.
     Roseate tern where listed as threatened: Caribbean Field 
Office, U.S. Fish and Wildlife Service, P.O. Box 491, Boquer[oacute]n, 
Puerto Rico 00622.

FOR FURTHER INFORMATION CONTACT: For information on the roseate tern 
where listed as endangered, contact Michael Amaral of the New England 
Field Office (see address above): Phone: 603-223-2541, ext. 23; e-mail: 
    For information on the roseate tern where listed as threatened, 
contact Marelisa Rivera of the Caribbean Field Office (see address 
above): Phone: 787-851-7297, ext. 231; e-mail: marelisa_



    Under the Act (16 U.S.C. 1531 et seq.), we maintain lists of 
endangered and threatened wildlife and plant species in the Code of 
Federal Regulations (CFR) 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 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.
    If we consider delisting a species, we must support the action by 
the best scientific and commercial data available. We must consider if 
these 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. Our 
regulations at 50 CFR 424.21 require that we publish a notice in the 
Federal Register announcing those species currently under our active 
    The roseate tern is currently listed at 50 CFR 17.11(h) as 
endangered in the United States along the Atlantic Coast south to North 
Carolina, Canada (in Newfoundland, Nova Scotia, and Quebec), and 
Bermuda. The roseate tern is listed as threatened in the Western 
Hemisphere and adjacent oceans, including Florida, Puerto Rico, and the 
Virgin Islands, where it is not listed as endangered. On December 16, 
2008, we initiated a status review of several species, including the 
roseate tern in the Northeast (Connecticut, Maine, Massachusetts, New 
Jersey, New York, North Carolina, Rhode Island, and Virginia) (73 FR 
76373). The purpose of this notice is to announce our active review of 
the roseate tern (Sterna dougalli dougalli) in its entire listed range.

What Information Do We Consider in a 5-Year Review?

    A 5-year review considers 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 

Definitions Related to This Notice

    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 

What Could Happen as a Result of This Review?

    If we find that there is new information concerning the roseate 
tern 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 the species will remain on the List under its 
current status.

Request for New Information

    We request any new information concerning the status of the roseate 
tern. See ``What information do we consider in a 5-year 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.

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 the 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.

    Authority: We publish this document under the authority of the 
Endangered Species Act (16 U.S.C. 1531 et seq.).

    Dated: February 25, 2010.
Patrick Leonard,
Acting Regional Director, Southeast Region.
[FR Doc. 2010-7709 Filed 4-2-10; 8:45 am]