[Federal Register Volume 77, Number 44 (Tuesday, March 6, 2012)]
[Proposed Rules]
[Pages 13251-13253]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5212]



Fish and Wildlife Service

50 CFR Part 17

[FWS-R5-ES-2012-N038; FXES11130500000D2-123-FF05E00000]

Endangered and Threatened Wildlife and Plants; Initiation of a 5-
Year Review of Nine Northeastern 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 (Service), are 
initiating 5-year reviews under the Endangered Species Act (Act), as 
amended, for nine northeastern species. We will review the following 
species, all listed as endangered under the Act: Maryland darter, 
Virginia fringed mountain snail, Virginia big-eared bat, Hay's Spring 
amphipod, Lee County Cave isopod, and Shenandoah salamander. We will 
also review the following threatened species: Knieskern's beaked-rush, 
small whorled pogonia, and Virginia sneezeweed. We conduct these 
reviews to ensure that our classification of each species on the lists 
of endangered and threatened wildlife and plants is accurate. A 5-year 
review assesses the best scientific and commercial data available at 
the time of the review. We are requesting submission of any such 
information that has become available since the previous 5-year review 
for each 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 
May 7, 2012. However, we will continue to accept new information about 
any listed species at any time.

ADDRESSES: For where and how to send information, see ``VIII. 
Contacts'' near the end of the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Mary Parkin, by U.S. mail at U.S. Fish 
and Wildlife Service, Northeast Regional Office, 300 Westgate Center 
Drive, Hadley, MA 01035; by telephone at 617-417-3331; or by electronic 
mail at mary_parkin@fws.gov.


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 refer to 
collectively as the list) at 50 CFR 17.11 (for animals) and 17.12 (for 
plants). Section 4(c)(2)(A) of the ESA requires us to review the status 
of each listed species at least once every 5 years. Then, under section 
4(c)(2)(B), we determine whether to remove the species from the list 
(delist), reclassify it from endangered to threatened, or reclassify it 
from threatened to endangered. Any change in Federal classification 
requires a separate rulemaking process.
    In classifying a species, we use the following definitions from 50 
CFR 424.02:
    (A) Species includes any species or subspecies of fish, wildlife, 
or plant, or any distinct population segment of any species or 
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 a species by the best scientific and 
commercial data available, and we only consider delisting if data 
substantiate that the species is neither endangered nor threatened for 
one or more of the following reason (50 CFR 424.11 (d)):
    (A) The species is extinct;
    (B) The species is recovered; or
    (C) The original data available when the species was listed, or the

[[Page 13252]]

interpretation of such data, were in error.
    The regulations in 50 CFR 424.21 require that we publish a notice 
in the Federal Register announcing those species currently under active 

II. What species are under review?

    We are initiating 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
Maryland darter.................  Etheostoma sellare  Endangered........  U.S.A.; MD........  March 11, 1967; 32
                                                                                               FR 4001.
Virginia fringed mountain snail.  Polygyriscus        Endangered........  U.S.A.; VA........  July 3, 1978; 43
                                   virginianus.                                                FR 28932.
Virginia big-eared bat..........  Corynorhinus        Endangered........  U.S.A.; KY, NC,     November 30, 1979;
                                   (=Plecotus)                             VA, WV.             44 FR 69206.
Hay's Spring amphipod...........  Stygobromus hayi..  Endangered........  U.S.A.; District    February 5, 1982;
                                                                           of Columbia, MD.    47 FR 5425.
Lee County Cave isopod..........  Lirceus usdagalun.  Endangered........  U.S.A.; VA........  November 20, 1992;
                                                                                               57 FR 54722.
Shenandoah salamander...........  Plethodon           Endangered........  U.S.A.; VA........  August 18, 1989;
                                   shenandoah.                                                 54 FR 34464.
Knieskern's beaked-rush.........  Rhynchospora        Threatened........  U.S.A.; DE, NJ....  July 18, 1991; 56
                                   knieskernii.                                                FR 32978.
Small whorled pogonia...........  Isotria             Threatened........  U.S.A.; CT , DE,    September 9, 1982;
                                   medeoloides.                            GA, IL, ME, MA,     47 FR 39827.
                                                                           MI, MO, NH, NJ,
                                                                           NY, NC, OH, PA,
                                                                           RI, SC, TN, VA,
Virginia sneezeweed.............  Helenium            Threatened........  U.S.A.; MO, VA....  November 3, 1998;
                                   virginicum.                                                 63 FR 59239.

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 the current listing determination or most 
recent status review, 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 
    We specifically request data from any systematic surveys, as well 
as any studies or analysis of data that may show any of the following:
    (A) Population size or trends;
    (B) Species biology or ecology;
    (C) The effects of current land management on population 
distribution and abundance;
    (D) Current habitat conditions;
    (E) Recent conservation measures that have been implemented to 
benefit the species;
    (F) Current distribution of populations;
    (G) Evaluation of threats faced by the species in relation to the 
five listing factors (as defined below and in section 4(a)(1) of the 
Act); or
    (H) The species' status as judged against the definition of 
endangered or threatened.

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 man-made 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 

V. What Could Happen as a Result of Our Review?

    For each species under review, if we find new information 
indicating that a change in classification may be warranted, we may 
propose a 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.

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.

[[Page 13253]]

    Submit your information and materials to the appropriate U.S. Fish 
and Wildlife Office listed under ``VIII., Contacts.''

VII. Public Availability of Information Submitted

    Before including your address, phone number, electronic mail 
address, or other personal identifying information in your submission, 
you should be aware that you entire submission--including your personal 
identifying information--may be made publicly available at any time. 
Although you can request that personal information be withheld from 
public review, we cannot guarantee that we will be able to do so. 
Materials received will be available for public inspection, by 
appointment, during normal business hours at the offices where the 
information is submitted.

VIII. Contacts

                                 Contact person,
           Species                phone, e-mail        Contact address
Maryland darter.............  Andy Moser, (410)     U.S. Fish and
                               573-4537; e-mail      Wildlife Service,
                               andy_moser@fws.gov.  Chesapeake Bay
                                                     Field Office, 177
                                                     Admiral Cochrane
                                                     Drive, Annapolis,
                                                     MD 21401.
Virginia fringed mountain     Michael Drummond,     U.S. Fish and
 snail.                        (804) 693-6694; e-    Wildlife Service,
                               mail mike--           Virginia Field
                               drummond@fws.gov.     Office, 6669 Short
                                                     Lane, Gloucester,
                                                     VA 23061.
Virginia big-eared bat......  Barbara Douglas,      U.S. Fish and
                               (304) 636-6586; e-    Wildlife Service,
                               mail barbara--        West Virginia Field
                               douglas@fws.gov.      Office, 694 Beverly
                                                     Pike, Elkins, WV
Hay's Spring amphipod.......  Andy Moser, (410)     U.S. Fish and
                               573-4537; e-mail      Wildlife Service,
                               andy_moser@fws.gov.  Chesapeake Bay
                                                     Field Office, 177
                                                     Admiral Cochrane
                                                     Drive, Annapolis,
                                                     MD 21401.
Lee County Cave isopod......  Shane Hanlon, (276)   U.S. Fish and
                               623-1233; e-mail      Wildlife Service,
                               shane--hanlon@fws.g   Southwest Virginia
                               ov.                   Field Office, 330
                                                     Cummings Street,
                                                     Abingdon, VA 24210.
Shenandoah salamander.......  Cindy Schulz, (804)   U.S. Fish and
                               693-6694; e-mail      Wildlife Service,
                               cindy--schulz@fws.g   Virginia Field
                               ov.                   Office, 6669 Short
                                                     Lane, Gloucester,
                                                     VA 23061.
Knieskern's beaked-rush.....  Annette Scherer,      U.S. Fish and
                               (609) 383-3938; e-    Wildlife Service,
                               mail annette--        New Jersey Field
                               scherer@fws.gov.      Office, 927 North
                                                     Main Street, Bldg
                                                     D, Pleasantville,
                                                     NJ 08232.
Small whorled pogonia.......  Susi von Oettingen,   U.S. Fish and
                               (603) 223-2541; e-    Wildlife Service,
                               mail susi--           New England Field
                               vonOettingen@fws.go   Office, 70
                               v.                    Commercial Street,
                                                     Ste. 300, Concord,
                                                     NH 03301.
Virginia sneezeweed.........  Cindy Schulz, (804)   U.S. Fish and
                               693-6694; e-mail      Wildlife Service,
                               cindy--schulz@fws.g   Virginia Field
                               ov.                   Office, 6669 Short
                                                     Lane, Gloucester,
                                                     VA 23061.

IX. 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: January 25, 2012.
Wendi Weber,
Regional Director, Northeast Region, U.S. Fish and Wildlife Service.
[FR Doc. 2012-5212 Filed 3-5-12; 8:45 am]