[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Notices]
[Pages 56860-56862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23073]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2008-N0235; 30120-1113-0000 C4; 50120-1113-0000 C4]


Endangered and Threatened Wildlife and Plants; 5-Year Review

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of initiation of review; request for information on the 
piping plover (Charadrius melodus).

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), initiate 5-
year reviews of the piping plover (Atlantic Coast, Great Lakes, and 
Northern Great Plains populations) under the Endangered Species Act of 
1973, as amended (Act). We request any new information on these 
populations 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 populations are properly 
classified under the Act.

DATES: To allow us adequate time to conduct these reviews, we must 
receive your information no later than December 1, 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 populations, see ``Public 
Solicitation of New Information.''

FOR FURTHER INFORMATION CONTACT: Please 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 (telephone typewriter or teletypewriter) 
assistance.

SUPPLEMENTARY INFORMATION: We initiate 5-year reviews of the Atlantic 
Coast, Great Lakes, and Northern Great Plains populations of the piping 
plover (Charadrius melodus), under the Act. In our December 11, 1985, 
final rule listing the piping plover across its range, we determined 
the Great Lakes breeding population to be endangered (but threatened 
when occurring outside of the Great Lakes watershed--See Table 1) and 
the Atlantic Coast and Great Plains populations to be threatened (50 FR 
50726). We then approved recovery plans for the Atlantic Coast (USFWS 
1988a, 1996), Great Lakes (USFWS 1988b, 2003), and Northern Great 
Plains (USFWS 1988b) populations. The three populations share wintering 
habitats along the Atlantic and Gulf Coasts, from North Carolina to 
Mexico and into the Caribbean Islands.
    We request any new information on these populations that may have a 
bearing on their classification as endangered or threatened.
    Based on the results of these 5-year reviews, we will make findings 
on whether these populations 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

[[Page 56861]]

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 for each of the three piping plover populations since we 
initiated the last formal status review on November 6, 1991 (56 FR 
56882). 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 
piping plover (Table 1).

                                                   Table 1--Piping Plover Listing Information Summary
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            Common name                  Scientific name             Status                  Where listed                   Final listing rule
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Piping plover (Great Lakes breeding  Charadrius melodus....  Endangered............  U.S.A. (Great Lakes          50 FR 50726; 12/11/1985
 population).                                                                         watershed in States of IL,
                                                                                      IN, MI, MN, NY, OH, PA,
                                                                                      and WI), Canada (Ont.).
Piping plover (Atlantic Coast and    Charadrius melodus....  Threatened............  Entire, except those areas   50 FR 50726; 12/11/1985
 Northern Great Plains populations).                                                  where listed as endangered
                                                                                      above.
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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 piping 
plover (Atlantic Coast, Great Lakes, and Northern Great Plains 
populations). 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 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 populations 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.
    Submit all electronic information in Text or Rich Text format. 
Provide your name and return address in the body of your message, and 
include the following identifier in the e-mail subject line: 
``Information on 5-year review for Piping Plover.'' You may also view 
information we receive in response to this notice, as well as other 
documentation in our files, at the locations below by appointment, 
during normal business hours. Please contact the appropriate person 
below. Mail or hand-deliver information to the address(es) below as the 
information pertains to the piping plover in the corresponding States 
and other areas:
    Michigan, Wisconsin, Minnesota, Illinois, Indiana, Ohio, 
Pennsylvania, and Ontario: U.S. Fish and Wildlife Service, East Lansing 
Field Office, 2651 Coolidge Road, Suite 101, East Lansing, MI 48823-
5902; Attention: Mr. Jack Dingledine. Direct inquiries to Mr. 
Dingledine at 517-351-6320 (phone) or [email protected] (e-mail).
    Montana, North Dakota, South Dakota, Iowa, Nebraska, Colorado, 
Kansas, Alberta, Saskatchewan, and Manitoba: U.S. Fish and Wildlife 
Service, 3425 Miriam Avenue, Bismarck, ND 58501; Attention: Ms. Carol 
Aron. Direct inquiries to Ms. Aron at 701-250-4481 (phone) or [email protected] (e-mail).
    North Carolina, South Carolina, Georgia, Bahamas, Cuba, Puerto 
Rico, and other Caribbean Islands: U.S. Fish and Wildlife Service, P.O. 
Box 33726, Raleigh, NC 27636-3726; Attention: Mr. David Rabon. Direct 
inquiries to Mr. Rabon at 919-856-4520, extension 16 (phone) or [email protected] $fnl;(e-mail).
    Texas and Mexico: U.S. Fish and Wildlife Service, Ecological 
Services Field Office, c/o TAMUCC, 6300 Ocean Drive--USFWS Unit 5837, 
Corpus Christi, TX 78412-5837; Attention: Ms. Robyn Cobb. Direct 
inquiries to Ms.

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Cobb at 361-994-9005 (phone) or [email protected] (e-mail).
    Florida, Alabama, Mississippi, and Louisiana: U.S. Fish and 
Wildlife Service, 1601 Balboa Avenue, Panama City, FL 32405; Attention: 
Ms. Patty Kelly. Direct inquiries to Ms. Kelly at 850-769-0552, 
extension 228 (phone) or [email protected] (e-mail).
    Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New 
York, New Jersey, Delaware, Maryland, Virginia, Newfoundland, Quebec, 
Nova Scotia, Prince Edward Island, New Brunswick, and St. Pierre and 
Miquelon (France), piping plovers in any area not listed above, 
information pertinent to multiple regions: U.S. Fish and Wildlife 
Service, 73 Weir Hill Road, Sudbury, MA 01776; Attention: Ms. Anne 
Hecht. Direct inquiries to Ms. Hecht at 978-443-4325 (phone) or [email protected] (e-mail).

How Are These Populations Currently Listed?

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

Definitions

    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 the 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 
population from threatened to endangered (uplist); (b) reclassify the 
population from endangered to threatened (downlist); or (c) remove the 
population(s) from the List (delist).
    If we determine that a change in classification is not warranted, 
then the populations will remain on the List under their current 
status.

References

U.S. Fish and Wildlife Service, 1988a. Atlantic Coast piping plover 
recovery plan. U.S. Fish and Wildlife Service, Newton Corner, MA. 
77pp.
----, 1988b. Great Lakes and Northern Great Plains piping plover 
recovery plan. U.S. Fish and Wildlife Service, Twin Cities, MN. 
160pp.
----, 1996. Piping plover (Charadrius melodus) Atlantic Coast 
population, revised recovery plan. Hadley, MA. 258pp.
----, 2003. Recovery plan for the Great Lakes piping plover 
(Charadrius melodus). Ft. Snelling, MN. 141pp.

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: August 22, 2008.
T.J. Miller,
Acting Assistant Regional Director, Ecological Services, Midwest 
Region.
[FR Doc. E8-23073 Filed 9-26-08; 4:15 pm]
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