[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Proposed Rules]
[Pages 44564-44566]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18893]



Fish and Wildlife Service

50 CFR Part 17

[FWS-R3-ES-2011-N107; 30120-1113-0000-C4]

Endangered and Threatened Wildlife and Plants; 5-Year Status 
Reviews of Seven Listed 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 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 
September 26, 2011. 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

[[Page 44565]]

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 

                          Current Listing Status of Species Under 5-Year Status Review
                                                                                                 Final listing
          Common name             Scientific name           Status             Where listed     rule publication
                                                                                               date and citation
Bat, gray......................  Myotis grisescens  Endangered............  Central and        April 28, 1976
                                                                             Southeastern       (41 FR 17736).
Bat, Indiana...................  Myotis sodalis...  Endangered............  Eastern and        March 11, 1967
                                                                             Midwestern U.S.A.  (32 FR 4001).
Snake, copperbelly water.......  Nerodia            Threatened............  IN north of        January 29, 1997
                                  erythrogaster                              40[deg] N. Lat.,   (62 FR 4183).
                                  neglecta.                                  MI, OH.
Mussel, scaleshell.............  Leptodea leptodon  Endangered............  U.S.A. (AL, AR,    October 9, 2001
                                                                             IA, IL, IN, KY,    (66 FR 51322).
                                                                             MN, MO, OH, OK,
                                                                             SD, TN, WI).
Pearlymussel, Curtis'..........  Epioblasma         Endangered............  U.S.A. (AR, MO)..  June 14, 1976 (41
                                  florentina                                                    FR 24062).
Decurrent false aster..........  Boltonia           Threatened............  U.S.A. (IL, MO)..  November 14, 1988
                                  decurrens.                                                    (53 FR 45858).
Fassett's locoweed.............  Oxytropis          Threatened............  U.S.A. (WI)......  September 28,
                                  campestris var.                                               1988 (53 FR
                                  chartacea.                                                    37972).

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 have become available since our current listing 
determination, or most recent status review that is accessible from our 
Web site http://www.fws.gov/midwest/Endangered/recovery/5yr_rev/completed5yrs.html, 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 
    For the copperbelly water snake, we specifically request 
information that pertains only to the northern distinct population 
segment (DPS). The copperbelly watersnake was listed as a DPS of a 
vertebrate taxon. The listed DPS occurs in Michigan, Ohio, and Indiana 
north of 40 degrees north latitude (approximately Indianapolis, 
Indiana). A DPS is defined in the February 7, 1996, Policy Regarding 
the Recognition of Distinct Vertebrate Population Segments (61 FR 
4722). Three elements are considered to list a population under the Act 
as a DPS: (1) The discreteness of the population segment in relation to 
the remainder of the species to which it belongs; (2) The significance 
of the population segment to the species to which it belongs; and (3) 
The population segment's conservation status in relation to the Act's 
standards for listing (i.e., is the population segment endangered or 
threatened?). Distinct population segments of vertebrate species, as 
well as subspecies of all listed species, may be proposed for separate 
reclassification or for removal from the List. As required by the DPS 
policy, we will assess the validity of the current DPS designation 
during the 5-year review. The southern population (i.e., in Illinois, 
Kentucky, and Indiana south of 40 degrees north latitude) is not listed 
as a threatened species at this time and is not part of this 5-year 

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 

[[Page 44566]]

    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 
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.

               Species                        Contact person, phone, e-mail               Contact address
Gray bat.............................  Dr. Paul McKenzie, (573) 234-2132,          Columbia Missouri Field
                                        extension 107, paul_mckenzie@fws.gov.      Office, U.S. Fish and
                                                                                    Wildlife Service, 101 Park
                                                                                    DeVille Drive, Suite A,
                                                                                    Columbia, MO 65203-0007.
Indiana bat..........................  Mr. Andrew King, (812) 334-4261, extension  Bloomington Field Office,
                                        1216,                                       U.S. Fish and Wildlife
                                       andrew_king@fws.gov.                        Service, 620 S. Walker
                                                                                    Street, Bloomington, IN
Copperbelly water snake..............  Ms. Barbara Hosler, (517) 351-6326,         East Lansing Field Office,
                                       barbara_hosler@fws.gov.                     U.S. Fish and Wildlife
                                                                                    Service, 2651 Coolidge Road,
                                                                                    Suite 101, East Lansing, MI
Scaleshell mussel and Curtis           Mr. Andy Roberts, (573) 234-2132,           Columbia Missouri Field
 pearlymussel.                          extension 110, andy_roberts@fws.gov.       Office, U.S. Fish and
                                                                                    Wildlife Service, 101 Park
                                                                                    DeVille Drive, Suite A,
                                                                                    Columbia, MO 65203-0007.
Boltonia decurrens...................  Ms. Jody Millar, (309) 757-5800, extension  Rock Island Field Office,
                                        202, jody_millar@fws.gov.                  U.S. Fish and Wildlife
                                                                                    Service, 1511 47th Avenue,
                                                                                    Moline, IL 61265.
Oxytropis campestris var. chartacea..  Ms. Catherine Carnes, (920) 866-1732,       Green Bay Field Office, U.S.
                                        cathy_carnes@fws.gov.                      Fish and Wildlife Service,
                                                                                    2661 Scott Tower Drive, WI

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: June 14, 2011.
Lynn M. Lewis,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2011-18893 Filed 7-25-11; 8:45 am]