[Federal Register: December 8, 2004 (Volume 69, Number 235)]
[Page 71071-71072]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Endangered and Threatened Wildlife and Plants; Initiation of a 5-
Year Review of Topeka Shiner (Notropis topeka)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of review.


SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 5-
year review of the Topeka shiner (Notropis topeka), a species of fish 
native to streams of the central plains region, under section 
4(c)(2)(A) of the Endangered Species Act of 1973 (Act) (16 U.S.C. 1531 
et seq.). A 5-year review is a periodic process conducted to ensure 
that the listing classification of a species is accurate. A 5-year 
review is based on the best scientific and commercial data available at 
the time of the review; therefore, we are requesting submission of any 
such information on the Topeka shiner that has become available since 
its original listing as an endangered species in 1998 (63 FR 69008). 
Based on the results of this 5-year review, we will make the requisite 
finding under section 4(c)(2)(B) of the Act.

DATES: To allow us adequate time to conduct this review, we must 
receive your information no later than February 7, 2005. However, we 
will continue to accept new information about any listed species at any 

ADDRESSES: Submit information to the U.S. Fish and Wildlife Service, 
Kansas Ecological Services Field Office, 315 Houston Street, Suite E, 
Manhattan, Kansas 66502. Information received in response to this 
notice and review will be available for public inspection, by 
appointment, during normal business hours, at the above address.

FOR FURTHER INFORMATION CONTACT: Vernon Tabor at the above address, by 
telephone (785) 539-3474, by facsimile (785) 539-8567, or by e-mail 

SUPPLEMENTARY INFORMATION: Under the Act, the Service maintains a list 
of endangered and threatened wildlife and plant species at 50 CFR 17.11 
(for animals) and 17.12 (for plants). 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. Delisting a species must be supported by the 
best scientific and commercial data available and only considered if 
such 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. The 
regulations in 50 CFR 424.21 require that we publish a notice in the 
Federal Register announcing those species currently under active 
review. This notice announces our active review of the Topeka shiner 
currently listed as an endangered species.

Public Solicitation of New Information

    To ensure that the 5-year review is complete and based on the best 
scientific and commercial information, we are soliciting new 
information from the public, concerned governmental agencies, Tribes, 
the scientific community, industry, environmental entities, and any 
other interested parties concerning the status of Topeka shiner.
    The 5-year review considers the best scientific and commercial data 
and all new information that has become available since the listing 
determination or most recent status review. Categories of requested 
information include--(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

[[Page 71072]]

implemented that benefit the species; (D) threat status and trends; 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 
    If you wish to provide information for this 5-year review, you may 
submit your comments and materials to the Kansas Ecological Services 
Field Office (see ADDRESSES section). Our practice is to make comments, 
including names and home addresses of respondents, available for public 
review during regular business hours. Respondents may request that we 
withhold a respondent's identity, as allowable by law. If you wish us 
to withhold your name or address, you must state this request 
prominently at the beginning of your comment. However, we will not 
consider anonymous comments. To the extent consistent with applicable 
law, we will make all submissions from organizations or businesses, and 
from individuals identifying themselves as representatives or officials 
of organizations or businesses, available for public inspection in 
their entirety. Comments and materials received will be available for 
public inspection, by appointment, during normal business hours (see 
ADDRESSES section).

    Authority This document is published under the authority of the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: November 24, 2004.
Benjamin Tuggle,
Regional Director, Denver, Colorado.
[FR Doc. 04-26910 Filed 12-7-04; 8:45 am]