[Federal Register Volume 70, Number 218 (Monday, November 14, 2005)]
[Notices]
[Page 69143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22552]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 050305B]


Listing Endangered and Threatened Wildlife and Plants; Withdrawal 
of the Petition to List Eastern Oyster as Threatened or Endangered 
under the Endangered Species Act

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of the withdrawal of a petition.

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SUMMARY: NMFS announces that a request by Mr. Wolf-Dieter Busch (the 
petitioner) to withdraw his petition to list eastern oyster 
(Crassostrea virginica) has been received. NMFS has accepted this 
request and will cease the evaluation of the petition. However, in 
recognition of the considerable work that has been completed to date on 
the status review report and the value of this comprehensive resource 
to the management of this species, NMFS will ask the Biological Review 
Team (BRT) to complete the status review report.

FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Damon-Randall, NMFS, 
Northeast Regional Office, (978) 281-9300 x6535, or Marta Nammack, 
NMFS, HQ, (301) 713-1401 x180, or Jennifer Moore, NMFS Southeast 
Regional Office, (727) 824-5312.

SUPPLEMENTARY INFORMATION: On January 11, 2005, NMFS received the 
petition to list eastern oyster (Crassostrea virginica) as threatened 
or endangered under the ESA. On May 18, 2005, NMFS published a Federal 
Register notice (70 FR 28510) announcing that the petition and the 
information in our files indicated that the petitioned action may be 
warranted. Thus, NMFS initiated a review of the status of this species.
    On Wednesday, October 19, 2005, NMFS received a letter from the 
petitioner, dated October 13, 2005, requesting the recall of the 
eastern oyster petition. In his letter, the petitioner indicated that 
his request to withdraw the petition is due to confusion over the 
petition process. He noted the significant concerns of some that the 
species may be listed as endangered, thereby creating severe 
restrictions and regulations for this resource. He also expressed 
concern that, given the timeline of the review, NMFS may not currently 
have enough information to determine if eastern oyster subspecies 
exist. He concluded that he hopes that NMFS will continue with the 
review as he considers the status review report to be a comprehensive 
resource which will be of great value in focusing restoration 
activities for this species.
    NMFS has accepted this request and will consider the petition 
withdrawn, effective immediately. However, a considerable amount of 
effort has been expended to date by the eastern oyster BRT as it has 
already met twice and prepared approximately three quarters of the 
status review report. When complete, the status review report will be 
the most timely and comprehensive resource document for this species, 
and, as such, it will be a useful tool in guiding future management 
decisions. NMFS has, therefore, determined that the BRT will continue 
with the status review report and will complete the report as soon as 
practicable.

    Authority: 16 U.S.C. 1531 et seq.

    Dated: November 7, 2005.
Donna Wieting,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 05-22552 Filed 11-10-05; 8:45 am]
BILLING CODE 3510-22-S