[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Notices]
[Pages 11600-11602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5805]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2009-N0013]; [30120-1113-0000-C4]


Endangered and Threatened Wildlife and Plants; 5-Year Reviews

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of initiation of review; request for information on nine 
listed Midwestern species.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), initiate 5-
year reviews of two threatened species (prairie bush-clover and Mead's 
milkweed) and seven endangered species [Scioto madtom, purple cat's paw 
pearlymussel, winged mapleleaf (mussel), Tumbling Creek cavesnail, 
Karner blue butterfly, Mitchell's satyr butterfly, and Michigan monkey-
flower] under the Endangered Species Act of 1973, as amended (Act). We 
request any new information on each species that may have a bearing on 
its 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 May 18, 2009. 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: 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 threatened 
prairie bush-clover (Lespedeza leptostachya) and threatened Mead's 
milkweed (Asclepias meadii), as well as the endangered Scioto madtom 
(Noturus trautmani), purple cat's paw pearlymussel (Epioblasma 
obliquata obliquata), winged mapleleaf (mussel) (Quadrula fragosa), 
Tumbling Creek cavesnail (Antrobia culveri), Karner blue butterfly 
(Lycaeides melissa samuelis), Mitchell's satyr butterfly (Neonympha 
mitchellii mitchellii), and Michigan monkey-flower (Mimulus glabratus 
var. michiganensis), under the Act.
    We request any new information on each species that may have a 
bearing on its 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

[[Page 11601]]

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 the 
last formal status review on November 6, 1991 (56 FR 56882), for Scioto 
madtom, purple cat's paw pearlymussel, prairie bush-clover, Mead's 
milkweed and Michigan monkey-flower, and since the final rule listing 
(see Table 1) of winged mapleleaf mussel, Tumbling Creek cavesnail, 
Karner blue butterfly, and Mitchell's satyr butterfly. 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, 6 Wildlife and 3 Plant Species in the Midwest Region
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             Common name                  Scientific name               Status               Where listed                  Final listing rule
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Scioto madtom.......................  Noturus trautmani......  Endangered.............  U.S.A. (OH)...........  40 FR 544149; 10/28/1975
Purple cat's paw pearlymussel.......  Epioblasma obliquata     Endangered.............  U.S.A. (AL, IL, IN,     55 FR 28209; 07/10/1990
                                       obliquata.                                        KY, OH, TN).
Winged mapleleaf (mussel)...........  Quadrula fragosa.......  Endangered.............  U.S.A. (IA, IL, IN,     56 FR 28345; 06/20/1991
                                                                                         KY, MN, MO, NE, OH,
                                                                                         OK, TN, WI).
Tumbling Creek cavesnail............  Antrobia culveri.......  Endangered.............  U.S.A. (MO)...........  67 FR 52879; 08/14/2002
Karner blue butterfly...............  Lycaeides melissa        Endangered.............  U.S.A. (IL, IN, MA,     57 FR 59236; 12/14/1992
                                       samuelis.                                         MI, MN, NH, NY, OH,
                                                                                         PA, WI), Canada
                                                                                         (Ont.).
Mitchell's satyr butterfly..........  Neonympha mitchellii     Endangered.............  U.S.A. (IN, MI, NJ,     57 FR 21564; 05/20/1992
                                       mitchellii.                                       OH).
Michigan monkey-flower..............  Mimulus glabratus var.   Endangered.............  U.S.A. (MI)...........  55 FR 25596; 06/21/1990
                                       michiganensis.
Prairie bush-clover.................  Lespedeza leptostachya.  Threatened.............  U.S.A. (IA, IL, MN,     52 FR 781; 01/09/1987
                                                                                         WI).
Mead's milkweed.....................  Asclepias meadii.......  Threatened.............  U.S.A. (IA, IL, IN,     53 FR 33992; 09/01/1988
                                                                                         KS, MO, WI).
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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 
wildlife species Scioto madtom, purple cat's paw pearlymussel, winged 
mapleleaf (mussel), Tumbling Creek cavesnail, Karner blue butterfly, 
and Mitchell's satyr butterfly, and of the plant species prairie bush-
clover, Mead's milkweed, and Michigan monkey-flower. 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 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.
    Submit all electronic information in Text or Rich Text format to 
[email protected]. Please send information for each 
separate species in a separate e-mail. Provide your name and return 
address in the body of your message, and include the following 
identifier in your e-mail subject line: Information on 5-year review 
for [NAME OF SPECIES]. 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. 
Mail or hand-deliver information on the following species to the 
appropriate address(es) below:
    Scioto madtom and Purple cat's paw pearlymussel: U.S. Fish and 
Wildlife Service, Ecological Services Field Office, 4625 Morse Road, 
Suite 104, Columbus, OH 43230; Attention: Ms. Angela Boyer. Direct 
inquiries to Ms.

[[Page 11602]]

Boyer at 614-416-8993 (phone) or [email protected] (e-mail).
    Winged mapleleaf (mussel) and Prairie bush-clover: U.S. Fish and 
Wildlife Service, Ecological Services Field Office, 4101 E. 80th 
Street, Bloomington, MN 55425-1665, Attention: Mr. Phil Delphey. Direct 
inquiries to Mr. Delphey at 612-725-3548 (phone) or [email protected] (e-mail).
    Tumbling Creek cavesnail: U.S. Fish and Wildlife Service, 
Ecological Services Field Office, 101 Park DeVille Drive, Suite A, 
Columbia, MO 65203-0057; Attention: Dr. Paul McKenzie. Direct inquiries 
to Dr. McKenzie at 573-234-2132, extension 107 (phone) or [email protected] (e-mail).
    Karner blue butterfly: U.S. Fish and Wildlife Service, Ecological 
Services Field Office, 2661 Scott Tower Drive, New Franken, WI 54229-
9565; Attention: Ms. Cathy Carnes. Direct inquiries to Ms. Carnes at 
920-866-1732 (phone) or [email protected] (e-mail).
    Mitchell's satyr butterfly: U.S. Fish and Wildlife Service, 
Ecological Services Field Office, 2651 Coolidge Road, Suite 101, East 
Lansing, MI 48823-5902; Attention: Ms. Carrie Tansy. Direct inquiries 
to Ms. Tansy at 517-351-6289 (phone) or [email protected] (e-mail).
    Mead's milkweed: U.S. Fish and Wildlife Service, Ecological 
Services Field Office, 1250 S. Grove Avenue, Suite 103, Barrington, IL 
60010-5010; Attention: Mr. Kristopher Lah. Direct inquiries to Mr. Lah 
at 847-381-2253, extension 15 (phone) or [email protected] (e-
mail).
    Michigan monkey-flower: U.S. Fish and Wildlife Service, Ecological 
Services Field Office, 2651 Coolidge Road, Suite 101, East Lansing, MI 
48823-5902; Attention: Ms. Tameka Dandridge. Direct inquiries to Ms. 
Dandridge at 517-351-8315 (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 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: February 20, 2009.
Lynn M. Lewis,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. E9-5805 Filed 3-17-09; 8:45 am]
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