[Federal Register Volume 73, Number 78 (Tuesday, April 22, 2008)]
[Notices]
[Pages 21643-21645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8707]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2008-N0054;30120-1113-0000 C4]


Endangered and Threatened Wildlife and Plants; 5-Year 
Reviews[FU1]

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of initiation of review; request for information on 
seven listed midwestern species.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), initiate 5-
year reviews of three endangered species (least tern--interior 
population, Illinois cave amphipod, and Minnesota dwarf trout lily) and 
four threatened species (Lake Erie water snake, Lakeside daisy, Leedy's 
roseroot and northern wild monkshood) under the Endangered Species Act 
of 1973, as amended (Act). We request any new information on these 
species that may have a bearing on their classification as endangered 
or threatened. Based on the results of these 5-year reviews, we will 
make a finding on whether these species are properly classified under 
the Act.

DATES: To allow us adequate time to conduct these reviews, we must 
receive your information no later than June 23, 2008. However, we will 
continue to accept new information about any listed species at any 
time.

ADDRESSES: For instructions on how to submit information and review the 
information that we receive on these species, see ``Public Solicitation 
of New Information.''

FOR FURTHER INFORMATION CONTACT: For species-specific information, 
contact the appropriate person under ``Public Solicitation of New 
Information.'' Individuals who are hearing impaired or speech impaired 
may call the Federal Relay Service at 800-877-8337 for TTY assistance.

SUPPLEMENTARY INFORMATION: We initiate 5-year reviews of the endangered 
least tern (Sterna antillarum) (interior nesting population), 
endangered Illinois cave amphipod (Gammarus acherondytes), endangered 
Minnesota dwarf trout lily (Erythronium propullans), and threatened 
Lake Erie water snake (Nerodia sipedon insularum), all of which are 
found among the western Lake Erie offshore islands and adjacent waters 
in the United States and Canada, as well as Lakeside daisy (Hymenoxis 
herbacea), Leedy's roseroot (Sedum integrifolium ssp. leedyi) and 
northern wild monkshood (Aconitum noveboracense), under the Act.

[[Page 21644]]

    We request any new information on these species that may have a 
bearing on their classification as endangered or threatened.
    Based on the results of these 5-year reviews, we will make a 
finding on whether these species are properly classified under the Act.

Why Do We Conduct a 5-Year Review?

    Under the Act, we maintain the List of Endangered and Threatened 
Wildlife and Plant Species (List) at 50 CFR 17.11 and 17.12. We amend 
the List by publishing final rules in the Federal Register. Section 
4(c)(2)(A) of the Act requires that we conduct a review of listed 
species at least once every 5 years. Section 4(c)(2)(B) requires that 
we determine (1) Whether a species no longer meets the definition of 
threatened or endangered and should be removed from the List 
(delisted); (2) whether a species more properly meets the definition of 
threatened and should be reclassified from endangered to threatened; or 
(3) whether a species more properly meets the definition of endangered 
and should be reclassified from threatened to endangered. Using the 
best scientific and commercial data available, a species will be 
considered for delisting if the 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 requires a separate 
rulemaking process. Therefore, we are requesting submission of any such 
information that has become available since either the original listing 
or the most recent status review for these species. Based on the 
results of these 5-year reviews, we will make the requisite findings 
under section 4(c)(2)(B) of the Act.
    Our regulations at 50 CFR 424.21 require that we publish a notice 
in the Federal Register announcing those species currently under 
review. This notice announces initiation of our active review of the 
species in Table 1.

     Table 1.--Summary of Listing Information, 3 Wildlife Species and 4 Plant Species in the Midwest Region
----------------------------------------------------------------------------------------------------------------
                                                                                                 Final listing
          Common name             Scientific name           Status             Where listed           rule
----------------------------------------------------------------------------------------------------------------
Least tern (interior nesting     Sterna antillarum  Endangered............  U.S.A. [AR, CO,    50 FR 21784; 05/
 population).                                                                IA, IL, IN, KS,    28/1985.
                                                                             KY, LA (Miss. R.
                                                                             and tributaries
                                                                             north of Baton
                                                                             Rouge), MS
                                                                             (Miss. R.), MO,
                                                                             MT, ND, NE, NM,
                                                                             OK, SD, TN, TX
                                                                             (except within
                                                                             50 miles of
                                                                             coast)].
Lake Erie water snake..........  Nerodia sipedon    Threatened............  *Lake Erie         64 FR 47126; 08/
                                  insularum.                                 offshore islands   30/1999.
                                                                             and their
                                                                             adjacent waters
                                                                             (located more
                                                                             than 1 mile from
                                                                             mainland)--U.S.A
                                                                             . (OH), Canada
                                                                             (Ont.).
Illinois cave amphipod.........  Gammarus           Endangered............  U.S.A. (IL)......  63 FR 46900; 09/
                                  acherondytes.                                                 03/1998.
Lakeside daisy.................  Hymenoxis          Threatened............  U.S.A. (IL, MI,    53 FR 23742; 06/
                                  herbacea.                                  OH), Canada        23/1988.
                                                                             (Ont.).
Leedy's roseroot...............  Sedum              Threatened............  U.S.A. (MN, NY)..  78 FR 14649; 04/
                                  integrifolium                                                 22/1992.
                                  ssp. leedyi.
Minnesota dwarf trout lily.....  Erythronium        Endangered............  U.S.A. (MN)......  58 FR 10521; 03/
                                  propullans.                                                   26/1986.
Northern wild monkshood........  Aconitum           Threatened............  U.S.A. (IA, NY,    43 FR 17910; 04/
                                  noveboracense.                             OH, WI).           26/1978.
----------------------------------------------------------------------------------------------------------------
* We define the offshore islands as those 22 or more named and unnamed western Lake Erie islands and rock
  outcrops located greater than 1.6 km (1 mi) from the Ohio mainland and Ontario mainland. We define the
  offshore island's adjacent waters as the western Lake Erie waters surrounding the offshore islands and located
  greater than 1.6 km (1 mi) from the Ohio mainland and Ontario mainland. These islands and rock outcrops and
  their adjacent waters are located within boundaries roughly defined as 82[deg]07'30'' North Longitude,
  41[deg]33'00'' West Latitude, and 42[deg]00'00'' West Latitude. The U.S. Lake Erie offshore islands and rock
  outcrops include, but are not limited to, the islands called Kellys, South Bass, Middle Bass, North Bass,
  Sugar, Rattlesnake, Green, Gibraltar, Starve, Gull, Ballast, Lost Ballast, and West Sister. Canadian Lake Erie
  offshore islands and rock outcrops of Lake Erie include, but are not limited to, the islands called Pelee,
  Middle, East Sister, Middle Sister, North Harbour, Hen, Chick, Big Chicken, and Little Chicken.

What Information Do We Consider in Our Review?

    In our 5-year review, we consider all new information available at 
the time of the review. These reviews will consider the best scientific 
and commercial data that have become available since the original 
listing determination or most recent status review of each species, 
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 
to 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 of 
Endangered and Threatened Wildlife and Plants, and improved analytical 
methods.

Public Solicitation of New Information

    We request any new information concerning the status of the 
wildlife species least tern (interior nesting population), Lake Erie 
water snake (located on the western Lake Erie offshore islands and 
adjacent waters), and Illinois cave amphipod, and of the plant species 
Lakeside daisy, Leedy's roseroot, Minnesota dwarf trout lily, and 
northern wild monkshood. 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. We 
specifically request information regarding data from any systematic 
surveys, as well as any studies or analysis of data that may show 
population size or trends; information pertaining to the biology or 
ecology of the species; information regarding the effects of current 
land management on population distribution and abundance; information 
on the current condition of habitat; and recent information regarding 
conservation

[[Page 21645]]

measures that have been implemented to benefit the species. 
Additionally, we specifically request information regarding the current 
distribution of populations and evaluation of threats faced by the 
species in relation to the five listing factors (as defined in section 
4(a)(1) of the Act) and the species' listed status as judged against 
the definition of threatened or endangered. Finally, we solicit 
recommendations pertaining to the development of, or potential updates 
to recovery plans and additional actions or studies that would benefit 
these species in the future.
    Our practice is to make information, including names and home 
addresses of respondents, available for public review. Before including 
your address, telephone number, e-mail address, or other personal 
identifying information in your response, you should be aware that your 
entire submission--including your personal identifying information--may 
be made publicly available at any time. While you can ask us in your 
response to withhold your personal identifying information from public 
review, we cannot guarantee that we will be able to do so.
    Mail or hand-deliver information on the following species to the 
U.S. Fish and Wildlife Service, Field Supervisor, at the corresponding 
address below. You may also 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.
    Least tern: 101 Park DeVille Drive, Suite A, Columbia, MO 65203-
0007, Attention: Ms. Jane Ledwin. Direct inquiries to Ms. Ledwin at 
573-234-2132, extension 109.
    Lake Erie water snake: 6950-H Americana Parkway, Reynoldsburg, OH 
43068-4127, Attention: Ms. Megan Seymour. Direct inquiries to Ms. 
Seymour at 614-469-6923, extension 16.
    Lakeside daisy: 6950-H Americana Parkway, Reynoldsburg, OH 43068-
4127, Attention: Ms. Sarena Selbo. Direct inquiries to Ms. Selbo at 
614-469-6923, extension 17.
    Illinois Cave amphipod: 1511 47th Ave., Moline, IL 61265, 
Attention: Ms. Kristen Lundh. Direct inquiries to Ms. Lundh at 309-757-
5800, extension 215.
    Leedy's roseroot and Minnesota dwarf trout lily: 4101 E. 80th 
Street, Bloomington, MN 55425-1665, Attention: Mr. Phil Delphey. Direct 
inquiries to Mr. Delphey at 612-725-3548.
    Northern wild monkshood: 2661 Scott Tower Drive, New Franken, WI 
54229-9565, Attention: Ms. Cathy Carnes. Direct inquiries to Ms. Carnes 
at 920-866-1732.
    All electronic information must be submitted in Text format or Rich 
Text format to [email protected]. Please send 
information for each species in a separate e-mail. Provide your name 
and return address in the body of your message and include the 
following identifier in the subject line of the e-mail: Information on 
5-year review for [NAME OF SPECIES].

How Are These Species Currently Listed?

    Table 1 provides current listing information. Also, the List, which 
covers all listed species, is also available on our Internet site at 
http://endangered.fws.gov/wildlife.html#Species.

Definitions Related to this Notice

    To help you submit information about the species we are reviewing, 
we provide the following definitions:
    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;
    Endangered species means any species that is in danger of 
extinction throughout all or a significant portion of its range; and
    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.

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 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 will remain on the List under its current status.

    Authority: We publish this document under the authority of the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: March 19, 2008.
Robert Krska,
Acting Assistant Regional Director, Ecological Services, Midwest 
Region.
 [FR Doc. E8-8707 Filed 4-21-08; 8:45 am]
BILLING CODE 4310-55-P