[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Proposed Rules]
[Pages 38762-38764]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14941]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R3-ES-2012-N103; FX3ES11130300000D2-123-FF03E00000]
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
August 28, 2012. 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 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
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 in the following table.
Species Under 5-Year Review
----------------------------------------------------------------------------------------------------------------
Final listing rule
Common name Scientific name Status Where listed publication date
and citation
----------------------------------------------------------------------------------------------------------------
Animals
----------------------------------------------------------------------------------------------------------------
Warbler (wood), Kirtland's...... Dendroica Endangered........ U.S.A. March 11, 1967 (32
kirtlandii. (principally MI), FR 4001).
Canada, West
Indies--Bahama
Islands.
Darter, Niangua................. Etheostoma Threatened........ U.S.A. (MO)....... June 12, 1985 (50
nianguae. FR 24649).
Catspaw, white (pearlymussel)... Epioblasma Endangered........ U.S.A. (IN, MI, June 14, 1976 (41
obliquata OH). FR 24064).
perobliqua.
Dragonfly, Hine's emerald....... Somatochlora Endangered........ U.S.A. (AL, IL, January 26, 1995
hineana. IN, MI, MO, OH, (60 FR 5273).
WI).
----------------------------------------------------------------------------------------------------------------
Plants
----------------------------------------------------------------------------------------------------------------
Dwarf lake iris................. Iris lacustris.... Threatened........ U.S.A. (MI, WI), September 28, 1988
Canada (Ont.). (53 FR 37972).
Eastern prairie fringed orchid.. Platanthera Threatened........ U.S.A. (AR, IA, September 28, 1989
leucophaea. IL, IN, ME, MI, (54 FR 39863).
MO, NE, NJ, NY,
OH, OK, PA, VA,
WI), Canada
(Ont., N.B.).
Houghton's goldenrod............ Solidago Threatened........ U.S.A. (MI), July 18, 1988 (53
houghtonii. Canada (Ont.). FR 27134).
----------------------------------------------------------------------------------------------------------------
[[Page 38763]]
III. What do we consider in our review?
We consider all new information available at the time we conduct a
5-year 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.
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.
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 email. Provide your name and return address in
the body of your message, and include the following identifier in your
email subject line: Information on 5-year review for [NAME OF SPECIES].
VII. Public Availability of Comments
Before including your address, phone number, email 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.
------------------------------------------------------------------------
Contact person,
Species phone, email Contact address
------------------------------------------------------------------------
Kirtlands's warbler......... Dan Elbert, (517) East Lansing Field
351-7261, daniel-- Office, U.S. Fish
elbert@fws.gov. and Wildlife
Service, 2651
Coolidge Road,
Suite 101, East
Lansing, MI 48823-
6316.
Niangua darter.............. Rick Hansen, (573) Columbia Missouri
234-2132, extension Field Office, U.S.
106, rick-- Fish and Wildlife
hansen@fws.gov. Service, 101 Park
DeVille Drive,
Suite A, Columbia,
MO 65203-0007.
White catspaw............... Angela Boyer, (614) Columbus Ohio Field
416-8993, extension Office, U.S. Fish
22, angela-- and Wildlife
boyer@fws.gov. Service, 4625 Morse
Road, Suite 104,
Columbus, OH 43230.
Hine's emerald dragonfly.... Kris Lah, (847) 381- Chicago Illinois
2253, extension 15, Field Office, U.S.
kristopher--lah@fws Fish and Wildlife
.gov. Service, 1250 South
Grove Avenue, Suite
103, Barrington, IL
60010-5010.
Dwarf lake iris............. Barbara Hosler, East Lansing Field
(517) 351-6326, Office, U.S. Fish
barbara--hosler@fws and Wildlife
.gov. Service, 2651
Coolidge Road,
Suite 101, East
Lansing, MI 48823-
6316.
Eastern prairie fringed Cathy Pollack, (847) Chicago Illinois
orchid. 381-2253, extension Field Office, U.S.
28, cathy-- Fish and Wildlife
pollack@fws.gov. Service, 1250 South
Grove Avenue, Suite
103, Barrington, IL
60010-5010.
Houghton's goldenrod........ Tameka Dandridge, East Lansing Field
(517) 351-8315, Office, U.S. Fish
tameka--dandridge@f and Wildlife
ws.gov. Service, 2651
Coolidge Road,
Suite 101, East
Lansing, MI 48823-
6316.
------------------------------------------------------------------------
[[Page 38764]]
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: May 21, 2012.
Lynn M. Lewis,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2012-14941 Filed 6-28-12; 8:45 am]
BILLING CODE 4310-55-P