[Federal Register: July 6, 2005 (Volume 70, Number 128)]
[Page 38976]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 38976]]



Fish and Wildlife Service

Endangered and Threatened Wildlife and Plants; Initiation of a 5-
Year Review of 5 Listed Species: The Virginia Northern Flying Squirrel 
(Glaucomys sabrinus fuscus), Delmarva Peninsula Fox Squirrel (Sciurus 
niger cinereus), Northeastern Bulrush (Scirpus ancistrochaetus), 
Chittenango Ovate Amber Snail (Succinea chittenangoensis), and Virginia 
Round-Leaf Birch (Betula uber)

AGENCY: U.S. Fish and Wildlife Service, Department of the Interior.

ACTION: Notice.


SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 5-
year review of the endangered Virginia northern flying squirrel 
(Glaucomys sabrinus fuscus), Delmarva Peninsula fox squirrel (Sciurus 
niger cinereus), northeaster bulrush (Scirpus ancistrochaetus), and the 
threatened Chittenango ovate amber snail (Novisuccinea 
chittenangoensis), and Virginia round-leaf birch (Betula uber) under 
section 4(c)(2)(A) of the Endangered Species Act (ESA) of 1973 (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 Virginia northern flying 
squirrel, Delmarva Peninsula fox squirrel, and northeastern bulrush 
that has become available since their original listings as endangered 
species in 1985 (50 FR 26999-27002), 1967 (32 FR 4001), and 1991 (56 FR 
21091-21096), respectively. In addition, we are requesting submission 
of any such information on the Chittenango ovate amber snail that has 
become available since its listing as a threatened species in 1978 (43 
FR 28932-28935), and on the Virginia round-leaf birch, which was 
originally listed as endangered in 1978 (43 FR 17910-17916) and 
reclassified as threatened in 1994 (59 FR 59173-59177). Based on the 
results of these 5-year reviews, we will make the requisite findings 
under section 4(c)(2)(B) of the ESA.

DATES: To allow adequate time to conduct this review, we must receive 
your information no later than September 6, 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, 
Northeast Regional Office, 300 Westgate Center Drive, Hadley, 
Massachusetts 01035, to the attention of Ms. Mary Parkin. 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. Information may also be sent to Mary_Parkin@fws.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Mary Parkin at the above address 
or at 617-876-6173.

SUPPLEMENTARY INFORMATION: Under the ESA, 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 ESA 
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 substantiates 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 Virginia 
northern flying squirrel, Delmarva Peninsula fox squirrel, and 
northeastern bulrush, currently listed as endangered, and the 
Chittenango ovate amber snail and Virginia round-leaf birch, currently 
listed as threatened.
    Public Solicitation of New Information: To ensure that the 5-year 
review is complete and based on the best available 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 the Virginia northern flying squirrel, 
Delmarva Peninsula fox squirrel, northeastern bulrush, Chittenango 
ovate amber snail, and Virginia round-leaf birch.
    The 5-year review considers that 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 measure that 
have been implemented that benefit the species; (D) threat status and 
trends; and (E) other new information, data, or corrections, including, 
but not limited, taxonomic or nonmenclatural 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 Ms. Mary Parkin (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. We will not, however, consider anonymous comments. To the 
extent consistent with applicable laws, 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: June 21, 2005.
Richard O. Bennett,
Acting Regional Director, Region 5, U.S. Fish and Wildlife Service.
[FR Doc. 05-13239 Filed 7-5-05; 8:45 am]