[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]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
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
``VIII. Contacts'' under SUPPLEMENTARY INFORMATION.
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.
SUPPLEMENTARY INFORMATION:
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
424.02:
(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.
Current Listing Status of Species Under 5-Year Status Review
----------------------------------------------------------------------------------------------------------------
Final listing
Common name Scientific name Status Where listed rule publication
date and citation
----------------------------------------------------------------------------------------------------------------
ANIMALS
----------------------------------------------------------------------------------------------------------------
Bat, gray...................... Myotis grisescens Endangered............ Central and April 28, 1976
Southeastern (41 FR 17736).
U.S.A.
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).
curtisii.
----------------------------------------------------------------------------------------------------------------
PLANTS
----------------------------------------------------------------------------------------------------------------
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
methods.
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
review.
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
existence.
[[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
available.
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
SPECIES].
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
47403-2121.
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
48823-6316.
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
54229-9565.
----------------------------------------------------------------------------------------------------------------
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]
BILLING CODE 4310-55-P