[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Proposed Rules]
[Pages 38762-38764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14941]



Fish and Wildlife Service

50 CFR Part 17

[FWS-R3-ES-2012-N103; FX3ES11130300000D2-123-FF03E00000]

Endangered and Threatened Wildlife and Plants; 5-Year Status 
Reviews of Seven Listed Species

AGENCY: Fish and Wildlife Service, Interior.

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


SUMMARY: We, the U.S. Fish and Wildlife Service, are initiating 5-year 
status reviews under the Endangered Species Act of 1973, as amended 
(Act), of seven animal and plant species. We conduct these reviews to 
ensure that our classification of each species on the Lists of 
Endangered and Threatened Wildlife and Plants as threatened or 
endangered is accurate. A 5-year review assesses the best scientific 
and commercial data available at the time of the review. We are 
requesting the public to send us any information that has become 
available since the most recent status reviews on each of these 
species. Based on review results, we will determine whether we should 
change the listing status of any of these species.

DATES: To ensure consideration, please send your written information by 
August 28, 2012. However, we will continue to accept new information 
about any listed species at any time.

ADDRESSES: For how and where to send comments or information, see 

FOR FURTHER INFORMATION CONTACT: To request information, see ``VIII. 
Contacts'' under SUPPLEMENTARY 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.


I. Why do we conduct 5-year reviews?

    Under the Act (16 U.S.C. 1531 et seq.), we maintain Lists of 
Endangered and Threatened Wildlife and Plants (which we collectively 
refer to as the List) in the Code of Federal Regulations (CFR) at 50 
CFR 17.11 (for animals) and 17.12 (for plants). Section 4(c)(2)(A) of 
the Act requires us to review each listed species' status at least once 
every 5 years. Then, under section 4(c)(2)(B), we determine whether to 
remove any species from the List (delist), to reclassify it from 
endangered to threatened, or to reclassify it from threatened to 
endangered. Any change in Federal classification requires a separate 
rulemaking process.
    In classifying, we use the following definitions, from 50 CFR 
    (A) Species includes any species or subspecies of fish, wildlife, 
or plant, and any distinct population segment of any species of 
vertebrate, that interbreeds when mature;
    (B) Endangered species means any species that is in danger of 
extinction throughout all or a significant portion of its range; and
    (C) 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.
    We must support delisting by the best scientific and commercial 
data available, and only consider delisting if data substantiate that 
the species is neither endangered nor threatened for one or more of the 
following reasons (50 CFR 424.11(d)):
    (A) The species is considered extinct;
    (B) The species is considered to be recovered; or
    (C) The original data available when the species was listed, or the 
interpretation of data, were in error.
    Our regulations at 50 CFR 424.21 require that we publish a notice 
in the Federal Register announcing the species we are reviewing.

II. What species are under review?

    This notice announces our active 5-year status reviews of the 
species in the following table.

                                           Species Under 5-Year Review
                                                                                              Final listing rule
           Common name              Scientific name         Status           Where listed      publication date
                                                                                                 and citation
Warbler (wood), Kirtland's......  Dendroica           Endangered........  U.S.A.              March 11, 1967 (32
                                   kirtlandii.                             (principally MI),   FR 4001).
                                                                           Canada, West
Darter, Niangua.................  Etheostoma          Threatened........  U.S.A. (MO).......  June 12, 1985 (50
                                   nianguae.                                                   FR 24649).
Catspaw, white (pearlymussel)...  Epioblasma          Endangered........  U.S.A. (IN, MI,     June 14, 1976 (41
                                   obliquata                               OH).                FR 24064).
Dragonfly, Hine's emerald.......  Somatochlora        Endangered........  U.S.A. (AL, IL,     January 26, 1995
                                   hineana.                                IN, MI, MO, OH,     (60 FR 5273).
Dwarf lake iris.................  Iris lacustris....  Threatened........  U.S.A. (MI, WI),    September 28, 1988
                                                                           Canada (Ont.).      (53 FR 37972).
Eastern prairie fringed orchid..  Platanthera         Threatened........  U.S.A. (AR, IA,     September 28, 1989
                                   leucophaea.                             IL, IN, ME, MI,     (54 FR 39863).
                                                                           MO, NE, NJ, NY,
                                                                           OH, OK, PA, VA,
                                                                           WI), Canada
                                                                           (Ont., N.B.).
Houghton's goldenrod............  Solidago            Threatened........  U.S.A. (MI),        July 18, 1988 (53
                                   houghtonii.                             Canada (Ont.).      FR 27134).

[[Page 38763]]

III. What do we consider in our review?

    We consider all new information available at the time we conduct a 
5-year review. We consider the best scientific and commercial data that 
have become available since our current listing determination, or most 
recent status review that is accessible from our Web site http://www.fws.gov/midwest/Endangered/recovery/5yr_rev/completed5yrs.html, 
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 that 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 

IV. How do we determine whether a species is endangered or threatened?

    Section 4(a)(1) of the Act requires 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 

Under section 4(b)(1) of the Act, we must base our assessment of these 
factors solely on the best scientific and commercial data available.

V. 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 remains on the List under its current status.

VI. Request for New Information

    To ensure that a 5-year review is complete and based on the best 
available scientific and commercial information, we request new 
information from all sources. 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.
    Submit your comments and materials to the appropriate U.S. Fish and 
Wildlife Service office listed under ``VIII. Contacts.''
    Submit all electronic information in Text or Rich Text format to 
[email protected]. Please send information for each 
species in a separate email. Provide your name and return address in 
the body of your message, and include the following identifier in your 
email subject line: Information on 5-year review for [NAME OF SPECIES].

VII. Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your 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. Comments and materials received will be available for 
public inspection, by appointment, during normal business hours at the 
offices where the comments are submitted.

VIII. Contacts

    Send your comments and information on the following species, as 
well as requests for information, to the corresponding contacts. You 
may 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.

                                 Contact person,
           Species                phone, email         Contact address
Kirtlands's warbler.........  Dan Elbert, (517)     East Lansing Field
                               351-7261, daniel--    Office, U.S. Fish
                               [email protected].       and Wildlife
                                                     Service, 2651
                                                     Coolidge Road,
                                                     Suite 101, East
                                                     Lansing, MI 48823-
Niangua darter..............  Rick Hansen, (573)    Columbia Missouri
                               234-2132, extension   Field Office, U.S.
                               106, rick--           Fish and Wildlife
                               [email protected].       Service, 101 Park
                                                     DeVille Drive,
                                                     Suite A, Columbia,
                                                     MO 65203-0007.
White catspaw...............  Angela Boyer, (614)   Columbus Ohio Field
                               416-8993, extension   Office, U.S. Fish
                               22, angela--          and Wildlife
                               [email protected].        Service, 4625 Morse
                                                     Road, Suite 104,
                                                     Columbus, OH 43230.
Hine's emerald dragonfly....  Kris Lah, (847) 381-  Chicago Illinois
                               2253, extension 15,   Field Office, U.S.
                               kristopher--lah@fws   Fish and Wildlife
                               .gov.                 Service, 1250 South
                                                     Grove Avenue, Suite
                                                     103, Barrington, IL
Dwarf lake iris.............  Barbara Hosler,       East Lansing Field
                               (517) 351-6326,       Office, U.S. Fish
                               barbara--hosler@fws   and Wildlife
                               .gov.                 Service, 2651
                                                     Coolidge Road,
                                                     Suite 101, East
                                                     Lansing, MI 48823-
Eastern prairie fringed       Cathy Pollack, (847)  Chicago Illinois
 orchid.                       381-2253, extension   Field Office, U.S.
                               28, cathy--           Fish and Wildlife
                               [email protected].      Service, 1250 South
                                                     Grove Avenue, Suite
                                                     103, Barrington, IL
Houghton's goldenrod........  Tameka Dandridge,     East Lansing Field
                               (517) 351-8315,       Office, U.S. Fish
                               tameka--dandridge@f   and Wildlife
                               ws.gov.               Service, 2651
                                                     Coolidge Road,
                                                     Suite 101, East
                                                     Lansing, MI 48823-

[[Page 38764]]

IX. Authority

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

    Dated: May 21, 2012.
Lynn M. Lewis,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2012-14941 Filed 6-28-12; 8:45 am]