[Federal Register Volume 68, Number 148 (Friday, August 1, 2003)]
[Notices]
[Pages 45270-45271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19587]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Endangered and Threatened Wildlife and Plants; 5-Year Review of 
the Delta Smelt

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of review.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce a 5-year 
review of the delta smelt (Hypomesus transpacificus) under section 
4(c)(2)(A) of the Endangered Species Act of 1973 (Act) (16 U.S.C. 1531 
et seq). The purpose of reviews conducted under this section of the Act 
is to ensure that the classification of species as threatened or 
endangered on the List of Endangered and Threatened Wildlife and Plants 
(List) is accurate.
    The 5-year review is an assessment of the best scientific and 
commercial data available at the time of the review. Therefore, we are 
requesting submission of any new information (best scientific and 
commercial data) on the delta smelt since its original listing as a 
threatened species in 1993. If the present classification of this 
species is not consistent with the best scientific and commercial 
information available, we may, at the conclusion of this review, 
initiate a separate action to propose changes to the List accordingly.

DATES: To allow us adequate time to conduct this review, we must 
receive your information no later than September 30, 2003.

ADDRESSES: Submit information to the Field Office Supervisor, 
Attention: Delta Smelt 5-year Review, Sacramento Fish and Wildlife 
Office, 2800 Cottage Way, Room W-2605, Sacramento, California 95825-
1846. Information received in response to this notice and review 
results will be available for public inspection by appointment, during 
normal business hours, at the above address. New information regarding 
the delta smelt may be sent electronically to [email protected].

FOR FURTHER INFORMATION CONTACT: For the delta smelt, contact Harry 
McQuillen or Larry Host at the above address, or at 916/414-6547.

SUPPLEMENTARY INFORMATION:

Why Is a 5-Year Review Conducted?

    Section 4(c)(2)(A) of the Act requires that we conduct a review of 
listed species at least once every 5 years. We are then, under section 
4(c)(2)(B) and the provisions of subsections (a) and (b), to determine, 
on the basis of such a review, whether or not any species should be 
removed from the List (delisted), or reclassified from endangered to 
threatened, or threatened to endangered. Our regulations at 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 delta smelt.

Why Is the Review Being Conducted for the Delta Smelt at This Time?

    Conducting a 5-year review for the delta smelt at this time was 
agreed to in connection with the settlement of two lawsuits, California 
Farm Bureau Federation et al. v. U.S. Department of the Interior et 
al., Case No. 1:02CV02328 (D.D.C., Nov. 22, 2002) and San Luis & Delta 
Mendota Water Authority et al. v. U.S. Department of the Interior et 
al., Case No. CIV-F-02-6461 REC. D.B. (E.D. Cal., Nov. 22, 2002). The 
settlement agreement was signed by the DC district court on June 13, 
2003, and by the federal district court in Fresno, California on June 
19, 2003.

What Information Is Considered in the Review?

    The 5-year review considers all new information available at the 
time of the review. This review will consider the best scientific and 
commercial data that has become available since the current listing 
determination or most recent status review, 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.

How Is the Delta Smelt Currently Listed?

    The List is found in 50 CFR 17.11 (wildlife) and 17.12 (plants). 
Amendments to the List through final rules are published in the Federal 
Register. The List is also available on our Internet site at http://endangered.fws.gov/wildlife.html#Species. In Table 1 below, we provide 
a summary of the listing information for the delta smelt.

                                            Table 1.--Summary of the Listing Information for the Delta Smelt
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         Common name              Scientific name                Status                    Where listed                    Final listing rule
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delta smelt.................  Hypomesus               Threatened.................  U.S.A. (CA)................  58 FR 12863 (05-MAR-93).
                               transpacificus.
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Definitions Related to This Notice

    The following definitions are provided to assist those persons who 
contemplate submitting information regarding the species being 
reviewed:
    A. Species includes any species or subspecies of fish, wildlife, or 
plant, and any distinct population segment of any species of 
vertebrate, which interbreeds when mature.
    B. Endangered means any species that is in danger of extinction 
throughout all or a significant portion of its range.
    C. Threatened means any species that is likely to become an 
endangered species within the foreseeable future

[[Page 45271]]

throughout all or a significant portion of its range.

How Do We Determine Whether a Species Is Endangered or Threatened?

    Section 4(a)(1) of the Act establishes 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.
    Section 4(a)(1) of the Act requires that our determination be made 
on the basis of the best scientific and commercial data available.

What Could Happen as a Result of This Review?

    If we find that there is new information concerning the delta smelt 
indicating 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; or (b) remove the species from 
the List. If we determine that a change in classification is not 
warranted, the delta smelt will remain on the List under its current 
status.

What Will Happen if No New Information Is Submitted for the Species 
Under Review?

    If there is no new information no changes will be made to the 
classification of the delta smelt under this review. However, we are 
not limited to reviewing listed species only during a 5-year review. We 
may review a species at any time, and may initiate reclassification or 
delisting whenever the best available scientific and commercial 
information indicates that such action is warranted.

Public Solicitation of New Information

    We request any new information concerning the status of the delta 
smelt. New information is considered to be scientific and commercial 
data that has become available since the time of the species' current 
listing determination. In particular, we are seeking information 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.
    Information submitted should be supported by 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.

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

    Dated: July 16, 2003.
Matt Hogan,
Deputy Director, Fish and Wildlife Service.
[FR Doc. 03-19587 Filed 7-31-03; 8:45 am]
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