[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Pages 33334-33336]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14212]



Fish and Wildlife Service

[FWS-R5-ES-2010-N268; 50120 1113 0000 D2]

Endangered and Threatened Wildlife and Plants; Initiation of 5-
Year Reviews of Nine Species: Purple Bean, Clubshell, Roanoke Logperch, 
Swamp Pink, Northern Riffleshell, Flat-spired Three-toothed Land Snail, 
Puritan Tiger Beetle, Dwarf Wedgemussel, and Bog Turtle

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of initiation of review/reviews; request for 


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 nine 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 assesses the best scientific and commercial data 
available at the time of the review. We are requesting any information 
that has become available since our original listing of 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 
August 8, 2011.

ADDRESSES: For how and where to send information, see ``VIII., 
Contacts'' near end of SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Mary Parkin, by U.S. mail at U.S. Fish 
and Wildlife Service, Northeast Region, 300 Westgate Center Drive, 
Hadley, Massachusetts 01035; by telephone at 617-417-3331; or by e-mail 
at mary_parkin@fws.gov.


I. Why do we conduct 5-year reviews?

    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 substantiates 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

[[Page 33335]]

    (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 citation
Bean, purple....................  Villosa             Endangered........  U.S.A. (TN, VA)...  January 10, 1997
                                   perpurpurea.                                                (62 FR 1647).
Beetle, Puritan tiger...........  Cicindela puritana  Threatened........  U.S.A. (CT, MD,     August 7, 1990 (55
                                                                           MA).                FR 32088).
Clubshell.......................  Pleurobema clava..  Endangered........  U.S.A. (AL, IL,     January 22, 1993
                                                                           IN, KY, MI, OH.     (58 FR 5638).
                                                                           PA, TN, WV).
Logperch, Roanoke...............  Percina rex.......  Endangered........  U.S.A. (VA).......  August 18, 1989
                                                                                               (54 FR 34468).
Riffleshell, northern...........  Epioblasma          Endangered........  U.S.A. (IN, KY,     January 22, 1993
                                   torulosa rangiana.                      MI, OH, PA, WV).    (58 FR 5638).
Snail, flat-spired three-toothed  Triodopsis          Threatened........  U.S.A. (WV).......  July 3, 1978 (43
                                   platysayoides.                                              FR 28932).
Turtle, bog.....................  Clemmys             Threatened........  U.S.A. (CT, DE,     November 4, 1997
                                   muhlenbergii.                           MD, MA, NJ, NY,     (62 FR 59605).
Wedgemussel, dwarf..............  Alasmidonta         Endangered........  U.S.A. (CT, MD,     March 14, 1990 (55
                                   heterodon.                              MA, NH, NJ, NY,     FR 9447).
                                                                           NC, PA, VT, VA).
Swamp pink......................  Helonias bullata..  Threatened........  U.S.A. (DE, GA,     September 9, 1988
                                                                           MD, NJ, NC, SC,     (53 FR 35076).

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, 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 
    We specifically request data from any systematic surveys, as well 
as any studies or analysis of data that may show any of the following:
    (A) Population size or trends;
    (B) Species biology or ecology;
    (C) The effects of current land management on population 
distribution and abundance;
    (D) The current condition of habitat;
    (E) Recent conservation measures that have been implemented to 
benefit the species;
    (F) Current distribution of populations;
    (G) Evaluation of threats faced by the species in relation to the 
five listing factors (as defined below and in section 4(a)(1) of the 
Act); or
    (H) The species' listed status as judged against the definition of 
threatened or endangered.

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 endangered or threatened based on one or more of the five 
following 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 
    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.

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 

[[Page 33336]]

reports, or letters by knowledgeable sources.
    Submit your comments and materials to the appropriate Fish and 
Wildlife Office listed under ``VIII., Contacts.''

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/
addresses. 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
Purple bean.................  Shane Hanlon, (276)   U.S. Fish and
                               623-1233 ext. 25; e-  Wildlife Service,
                               mail shane--          Southwestern
                               hanlon@fws.gov.       Virginia Field
                                                     Office, 330
                                                     Cummings Street,
                                                     Abingdon, VA 24210.
Puritan tiger beetle........  Andy Moser, (410)     U.S. Fish and
                               573-4537; e-mail      Wildlife Service,
                               andy_moser@fws.gov.  Chesapeake Bay
                                                     Field Office, 177
                                                     Admiral Cochrane
                                                     Drive, Annapolis,
                                                     MD 21401.
Clubshell...................  Robert M. Anderson,   U.S. Fish and
                               (814) 234-4090 ext.   Wildlife Service,
                               228; e-mail robert--  Pennsylvania Field
                               m_anderson@fws.gov.  Office, 315 South
                                                     Allen Street, Suite
                                                     322, State College,
                                                     PA 16801.
Roanoke logperch............  Tylan Dean, (804)     U.S. Fish & Wildlife
                               693-6694 ext. 104;    Service, Virginia
                               e-mail tylan--        Field Office, 6669
                               dean@fws.gov.         Short Lane,
                                                     Gloucester, VA
Northern riffleshell........  Robert M. Anderson,   U.S. Fish and
                               (814) 234-4090 ext.   Wildlife Service,
                               228; e-mail robert--  Pennsylvania Field
                               m_anderson@fws.gov.  Office, 315 South
                                                     Allen Street, Suite
                                                     322, State College,
                                                     PA 16801.
Flat-spired three-toothed     Barbara Douglas,      U.S. Fish and
 snail.                        (304) 636-6586 ext.   Wildlife Service,
                               19; e-mail barbara--  West Virginia Field
                               douglas@fws.gov.      Office, 694 Beverly
                                                     Pike, Elkins, WV
Bog turtle..................  Alison Whitlock,      U.S. Fish and
                               (413) 253-8536; e-    Wildlife Service,
                               mail alison--         Northeast Regional
                               whitlock@fws.gov.     Office, 300
                                                     Westgate Center
                                                     Drive, Hadley, MA
Dwarf wedgemussel...........  Susi von Oettingen,   U.S. Fish and
                               (603) 223-2541 ext.   Wildlife Service,
                               22; e-mail Susi--     New England Field
                               vonOettingen@fws.go   Office, 70
                               v.                    Commercial Street,
                                                     Suite 300, Concord,
                                                     NH 03301.
Swamp pink..................  Wendy Walsh, (609)    U.S. Fish and
                               383-3938 ext. 48; e-  Wildlife Service,
                               mail wendy--          New Jersey Field
                               walsh@fws.gov.        Office, 927 North
                                                     Main Street,
                                                     Building D,
                                                     Pleasantville, NJ

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: December 30, 2010.
Anthony D. L[eacute]ger,
Acting Regional Director, Northeast Region, U.S. Fish and Wildlife 
Editorial Note: Received in the Office of the Federal Register June 
3, 2011.
[FR Doc. 2011-14212 Filed 6-7-11; 8:45 am]