[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Notices]
[Pages 31972-31973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15918]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2009-N121; 40120-1113-0000-C4]


Endangered and Threatened Wildlife and Plants; 5-Year Status 
Reviews of 23 Southeastern Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of initiation of reviews; request for information.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are 
initiating 5-year status reviews of 23 species under the Endangered 
Species Act of 1973, as amended (Act). We conduct these reviews to 
ensure that the classification of species as threatened or endangered 
on the Lists of Endangered and Threatened Wildlife and Plants is 
accurate. A 5-year review is an assessment of the best scientific and 
commercial data available at the time of the review.

DATES: To allow us adequate time to conduct these reviews, we must 
receive your comments or information on or before September 4, 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 
information we receive on these species, see ``Request for New 
Information.''

FOR FURTHER INFORMATION CONTACT: For species-specific information, 
contact the appropriate person under ``Request for New Information.''

SUPPLEMENTARY INFORMATION: 
    Under the Act (16 USC 1531 et seq.), we maintain lists of 
endangered and threatened wildlife and plant species in the Code of 
Federal Regulations (CFR) at 50 CFR 17.11 (for wildlife) and 17.12 (for 
plants) (collectively referred to as the List). Section 4(c)(2)(A) of 
the Act requires that we conduct a review of listed species at least 
once every 5 years. Then, on the basis of such reviews, under section 
4(c)(2)(B), we determine whether or not any species should be removed 
from the List (delisted), or reclassified from endangered to threatened 
or from threatened to endangered. If we consider delisting a species, 
we must support the action by the best scientific and commercial data 
available. We must consider if these 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 would require a separate 
rulemaking process. We make amendments to the List through final rules 
published in the Federal Register.
    Our regulations at 50 CFR 424.21 require that we publish a notice 
in the Federal Register announcing those species currently under our 
active review. This notice announces our active review of 15 species 
that are currently listed as endangered: Mississippi gopher frog (Rana 
capito sevosa), Etowah darter (Etheostoma etowahae), bluemask darter 
(Etheostoma sp), Cahaba shiner (Notropis cahabae), Cape Fear shiner 
(Notropis mekistocholas), amber darter (Percina antesella), Alabama 
sturgeon (Scaphirhynchus suttkusi), Tar River spinymussel (Elliptio 
steinstansana), Anthony's riversnail (Athearnia anthonyi), Saint 
Francis' satyr butterfly (Neonympha mitchelli francisci), Spring Creek 
bladderpod (Lesquerella perforata), bunched arrowhead (Sagittaria 
fasciculata), mountain sweet pitcher plant (Sarracenia rubra ssp. 
jonesii), white irisette (Sisyrinchium dichotomum), and Tennessee 
yellow-eyed grass (Xyris tennesseensis). This notice also announces our 
active review of 8 species that are currently listed as threatened: 
flattened musk turtle (Sternotherus depressus), spotfin chub (Erimonax 
monachus), Cherokee darter (Etheostoma scotti), Waccamaw silverside 
(Menidia extensa), Magazine Mountain shagreen (Mesodon magazinensis), 
Price's potato-bean (Apios priceana), Cumberland rosemary (Conradina 
verticillata), and Heller's blazing star (Liatris helleri). The List is 
also available on our internet site at http://endangered.fws.gov/wildlife.html#Species.

What Information Do We Consider in a 5-Year Review?

    A 5-year review considers the best scientific and commercial data 
that have become available since the current 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, and improved analytical 
methods.

Definitions Related to This Notice

    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 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 
following five 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.

What Could Happen as a Result of This Review?

    If we find that there is new information concerning any of these 23 
species indicating that 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 endangered to threatened (downlist); (b) 
reclassify the species from threatened to endangered (uplist); or (c) 
delist the species. If we determine that a change in classification is 
not warranted, then the species will remain on the List under its 
current status.

Request for New Information

    To do any of the following, contact the person associated with the 
species you are interested in below:
    (a) To get more information on a species,
    (b) To submit information on a species, or
    (c) To review information we receive, which will be available for 
public inspection by appointment, during

[[Page 31973]]

normal business hours, at the listed addresses.
     Spotfin chub, Tar River spinymussel, mountain sweet 
pitcher plant, Heller's blazing star, bunched arrowhead, and white 
irisette: Asheville Field Office, U.S. Fish and Wildlife Service, 160 
Zillicoa Street, Asheville, North Carolina, 28801, fax 828/258-5330. 
For information on the spotfin chub, contact Bob Butler at the address 
above (phone 828/258-3939 ext. 235, e-mail [email protected]). For 
the Tar River spinymussel, contact John Fridell at the address above 
(828/258-3939 ext. 225, e-mail [email protected]). For the bunched 
arrowhead, Heller's blazing star, mountain sweet pitcher plant, and 
white irisette, contact Carolyn Wells at the address above (phone 828/
258-3939 ext. 231, e-mail [email protected]).
     Amber darter, Etowah darter, and Cherokee darter: Athens 
Field Office, U.S. Fish and Wildlife Service, West Park Center Suite D, 
105 West Park Drive, Athens, Georgia, 30606, fax 706/613-6059. For 
information on the amber darter, Etowah darter, and Cherokee darter, 
contact Robin Goodloe at the Athens Field Office, address above (phone 
706/613-9493 ext. 221, e-mail [email protected]).
     Bluemask darter, Anthony's riversnail, Spring Creek 
bladderpod, Price's potato-bean, and Cumberland rosemary: Cookeville 
Field Office, U.S. Fish and Wildlife Service, 446 Neal Street, 
Cookeville, Tennessee, 38501, fax 931/528-7075. For information on the 
bluemask darter, Spring Creek bladderpod, Price's potato-bean, and 
Cumberland rosemary, contact Geoff Call at the Cookeville Field Office, 
address above (phone 931/528-6481 ext. 213, e-mail [email protected]). For the Anthony's riversnail, contact Stephanie Chance 
at the Cookeville Field Office, address above (phone 931/528-6481 ext. 
211, e-mail [email protected]).
     Magazine Mountain shagreen: Conway Field Office, U.S. Fish 
and Wildlife Service, 110 South Amity Road, Suite 300, Conway, 
Arkansas, 72032, fax 501/513-4480. For information on the Magazine 
Mountain shagreen, contact Chris Davidson at the Conway Field Office, 
address above (phone 501/513-4481, e-mail [email protected]).
     Alabama sturgeon and Tennessee yellow-eyed grass: Daphne 
Field Office, U.S. Fish and Wildlife Service, 1208-B Main Street, 
Daphne, Alabama, 36526, fax 251/441-6222. For information on the 
Tennessee yellow-eyed grass, contact Dan Everson at the Daphne Field 
Office, address above (phone 251/441-5837, e-mail [email protected]). For the Alabama sturgeon, contact Jeff Powell at the 
Daphne Field Office, address above (phone 251/441-5858, e-mail [email protected]).
     Flattened musk turtle, Mississippi gopher frog, and Cahaba 
shiner: Jackson Field Office, U.S. Fish and Wildlife Service, 6578 
Dogwood View Parkway, Suite A, Jackson, Mississippi 39213, fax 601/965-
4340. For information on the flattened musk turtle and Cahaba shiner, 
contact Daniel Drennen at the Jackson Field Office, address above 
(phone 601/321-1127, e-mail [email protected]). For the 
Mississippi gopher frog, contact Linda LaClaire at the Jackson Field 
Office, address above (phone 601/321-1126, e-mail [email protected]).
     Cape Fear shiner, Waccamaw silverside, and Saint Francis' 
satyr butterfly: Raleigh Field Office, U.S. Fish and Wildlife Service, 
PO Box 33726, Raleigh, North Carolina, 27636, fax 919/856-4556. For 
information on the Cape Fear shiner and Waccamaw silverside, contact 
David Rabon at the Raleigh Field Office, address above (phone 919/856-
4520 ext. 16, e-mail [email protected]). For the Saint Francis' 
satyr butterfly, contact Dale Suiter at the Raleigh Field Office, 
address above (phone 919/856-4520 ext. 18, e-mail [email protected]).
    We request any new information concerning the status of any of 
these 23 species. See ``What information do we consider in a 5-year 
review?'' heading for specific criteria. 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.

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that the entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Authority

    We publish this document under the authority of the Endangered 
Species Act (16 U.S.C. 1531 et seq.).

    Dated: June 4, 2009.
Linda H. Kelsey,
Acting Regional Director, Southeast Region.
[FR Doc. E9-15918 Filed 7-2-09; 8:45 am]
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