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§ 420.26 [Amended] finding, supporting data, and comments additional research at this point, nor do 6. Section 420.26 is amended in or information received in response to we subject the petition to rigorous paragraph (a)(1) by removing the date this notice will be available for public critical review. Rather, in accordance ‘‘November 19, 2012’’ and replacing it review, by appointment, during normal with the Act and regulations, we accept with the date ‘‘November 18, 1992.’’ business hours at the above address. the petitioner’s sources and New information regarding the characterizations of the information [FR Doc. 05–15834 Filed 8–9–05; 8:45 am] slackwater darter may be sent unless we have specific information to BILLING CODE 6560–50–P electronically to the contrary. As explained below, [email protected]. applying this standard we find that the petition does not state a reasonable case DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Daniel J. Drennen, Fish and Wildlife for delisting. The factors for listing, delisting, or Biologist, at the above address Fish and Wildlife Service reclassifying species are provided at 50 (telephone 601–321–1127; e-mail CFR 424.11. We may delist a species [email protected]). 50 CFR Part 17 only if the best scientific and SUPPLEMENTARY INFORMATION: commercial data available substantiate Endangered and Threatened Wildlife that it is neither endangered nor and Plants; 90-Day Finding on a Public Information Solicited threatened. Delisting may be warranted Petition To Delist the Slackwater Darter When we find that there is not as a result of: (1) Extinction; (2) and Initiation of a 5-Year Review substantial information indicating that recovery; or (3) a determination that the the petitioned action may be warranted, AGENCY: Fish and Wildlife Service, original data used for classification of Interior. initiation of a status review is not the species as endangered or threatened required by the Act. However, we were in error. ACTION: Notice of 90-day petition continually assess the status of species finding and initiation of 5-year review. listed as threatened or endangered to Review of Petition SUMMARY: We, the U.S. Fish and ensure that our information is complete The petition to delist the slackwater Wildlife Service (Service), announce a and based on the best available darter (Etheostoma boschungi), dated 90-day finding on a petition to remove scientific and commercial data. February 3, 1997, was submitted by the the slackwater darter (Etheostoma Therefore, we are soliciting new National Wilderness Institute. The boschungi) from the Federal List of information for the slackwater darter. petition requested that we remove the slackwater darter from the List of Endangered and Threatened Wildlife Background and Plants pursuant to the Endangered Endangered and Threatened Wildlife Section 4(b)(3)(A) of the Act requires Species Act of 1973, as amended (Act). and Plants on the basis of data error. that we make a finding on whether a We find that the petition does not In response to the petitioner’s request petition to list, delist, or reclassify a to delist the slackwater darter, we sent present substantial scientific or species presents substantial scientific or a letter to the petitioner on June 29, commercial information indicating that commercial information indicating that 1998, explaining our inability to act delisting of the slackwater darter may be the petitioned action may be warranted. upon the petition due to low priorities warranted. Accordingly, we are not The finding is to be based on all assigned to delisting petitions in required to take any further action in information available to us at the time accordance with our Listing Priority response to this petition. However, we the finding is made. To the maximum Guidance for Fiscal Year 1997, which believe the information in our files extent practicable, the finding is to be was published in the Federal Register indicates a decline in the status of this made within 90 days of our receipt of on December 5, 1996 (61 FR 64475). species since its listing. Therefore, we the petition, and published promptly in That guidance identified delisting ask the public to submit to us any new the Federal Register. If we find that activities as the lowest priority (Tier 4). information that has become available substantial information was presented Due to the large number of higher concerning the status of or threats to the in the petition, we are required to priority listing actions and a limited slackwater darter since it was listed in promptly commence a review of the listing budget, we did not conduct any 1977. This information will help us status of the species to determine delisting activities during the Fiscal more accurately assess its status and whether the action is warranted. Year 1997. On May 8, 1998, we complete a 5-year review as required In making the 90-day finding, we rely published the Listing Priority Guidance under section 4(c)(2)(A) of the Act. on information provided by the for Fiscal Years 1998–1999 in the DATES: The 90-day finding announced petitioner and evaluate that information Federal Register (63 FR 25502) and, in this document was made on July 7, in accordance with 50 CFR 424.14(b). again, placed delisting activities at the 2005. To allow us adequate time to The contents of this finding summarize bottom of our priority list. Subsequent conduct this 5-year review, we request that information included in the to 1998, the delisting funding source any new information and comments to petition and that which was available to was moved from the listing program to be submitted to us by October 11, 2005. us at the time of the petition review. the recovery program, and delisting However, we will continue to accept Under section 4(b)(3)(A) of the Act and petitions no longer had to compete with new information about this listed 50 CFR 424.14(b), our review is limited other section 4 actions for funding. species at any time. to a determination of whether the However, due to higher priority ADDRESSES: Data, information, written information in the petition meets the recovery workload, it has not been comments and materials, or questions ‘‘substantial information’’ threshold. practicable to process this petition until concerning this petition, our finding, or ‘‘Substantial information’’ is defined in recently. our 5-year review should be submitted 50 CFR 424.14(b) as ‘‘that amount of The petition requested that we delist to the Field Supervisor, Jackson Field information that would lead a the slackwater darter on the basis of Office, U.S. Fish and Wildlife Service, reasonable person to believe that the data error; however, the petition did not 6578 Dogwood View Parkway, Jackson, measure proposed in the petition may provide any information explaining how Mississippi, 39213. The petition be warranted.’’ We do not conduct the data used to classify the slackwater

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darter as a threatened species were in within the Buffalo River and Shoal Wildlife Service, pers. observ., 2003; S. error. Rather, the petition cited our 1993 Creek (Lawrence County) and Cypress McGregor, Geological Survey of Fiscal Year Budget Justification as its Creek (Wayne County) watersheds. In Alabama, pers. comm. 2004). supporting information. The 1993 Fiscal Alabama, the slackwater darter has been The slackwater darter is still Year Budget Justification identified 33 found in the Flint River (Madison sporadically present, in both breeding species, including the slackwater darter, County), Swan Creek (Limestone and non-breeding habitats, within the that appeared to be approaching the County), and Cypress Creek (Lauderdale Buffalo River and Shoal Creek majority of their recovery objectives. County). (Lawrence County) and Cypress Creek The Justification stated the need to The slackwater darter is a migratory (Wayne County) watersheds of evaluate these species, including the species and occurs in non-breeding and Tennessee (Johnson and Hartup 2001, slackwater darter, and determine the breeding habitat (Boschung 1979; 2002). However, recent surveys in 2001, appropriateness of delisting them based Boschung and Neiland 1986; U.S. Fish 2002, and 2004 indicate declines both in on information obtained from status and Wildlife Service 1984) consisting of the number of sites being utilized by the surveys. However, it did not contain any gentle riffles and slackwater (slow slackwater darter and in actual numbers information showing that the original moving) areas of upland tributary of individuals (Johnson and Hartup classification was in error, or that the streams (Williams and Robison 1980; 2001, 2002; S. McGregor, Geological darter had recovered to the point of Etnier and Starnes 1993). The non- Survey of Alabama, pers. comm., 2004). delisting. breeding habitat must periodically flood For example, in 2002, slackwater darters We listed the slackwater darter as a to give the species access to the were only found in 2 of 14 historical threatened species, and designated breeding habitat (slackwater) adjacent to localities sampled in tributary streams critical habitat for this fish, on the non-breeding habitat. in Tennessee (Johnston and Hartup September 9, 1977, due to threats The petition stated that ‘‘other new 2002). Further, sampling conducted in associated with spreading urbanization, scientific information gathered since the 2004 at three historical localities in the pollution, and stream channel time of listing which is in possession of watersheds of Tennessee resulted in the modifications (42 FR 45526 and 42 FR the Service, support delisting due to collection of a single male slackwater 47840). The recovery objective of the data error.’’ We have no such darter in total; and sampling at four slackwater darter recovery plan is to information in our files that would historic localities in Alabama resulted delist the species. Our criteria for support delisting. The petition did not in collection of only two individuals in delisting this fish include the include any detailed narrative total (S. McGregor, Geological Survey of establishment and protection of one or justification for the delisting, provide Alabama, pers. comm., 2004). more specific habitats areas in three information regarding the status of the Furthermore, threats to the different tributaries of the Tennessee species throughout all or a significant populations in Alabama and Tennessee River system, and evidence that these portion of its range, or include any have not decreased substantially and, in populations are stable or increasing in supporting documentation for the some cases, have increased. For size (U.S. Fish and Wildlife Service recommended regulatory action of example, Swan Creek in Alabama has 1984). delisting the slackwater darter. We have been severely altered in the past decade. found no evidence or data in the Much of the forest alongside the stream Summary of Factors Affecting the petition or in our files supporting the has been removed and heavy impacts to Species as Presented in the Petition petitioned action or indicating an error the stream bank continue to occur, Under section 4(a) of the Act, we may was committed in listing the slackwater resulting in channel modifications and list, reclassify, or delist a species on the darter. the complete loss of in-stream aquatic basis of any of the following five factors: On the contrary, evidence in our files vegetation. Repair and replacement of (A) The present or threatened indicates that slackwater darters appear bridge crossings on the Natchez Trace destruction, modification, or to have suffered a dramatic decline Parkway, at sites known to have curtailment of its habitat or range; (B) since the status surveys of Boshung remnant populations of slackwater overutilization for commercial, (1976, 1979) and McGregor and Shepard darters, have the potential to add recreational, scientific, or educational (1992, 1995). Recent surveys indicate significant sedimentation to Lindsey purposes; (C) disease or predation; (D) several historical spawning and and Threet Creek in Lauderdale County, the inadequacy of existing regulatory breeding habitat sites have been Alabama (Dinkins and Dinkins 2003). mechanisms; and (E) other natural or destroyed or are not being used by Cattle impacts on slackwater darter manmade factors affecting its continued slackwater darters, thus suggesting that spawning habitat have increased existence. A brief discussion of how reproductive success and recruitment significantly. For example, the ‘‘Dodd’’ each of the listing factors applies to the may be declining (Dinkins and Dinkins site in Middle Cypress Creek, petition and the information in our files 2003; Johnston and Hartup 2001, 2002). Tennessee, has been seriously impacted follows. Slackwater darters historically have by cattle degrading bank sides and been collected at a total of 31 sites stream bottoms and consuming Factor A: The Present or Threatened within the five tributary streams. streamside vegetation (D. Drennen, U.S. Destruction, Modification, or Numerous surveys and fish collections Fish and Wildlife Service, pers. observ. Curtailment of Its Habitat or Range in the 1970s and mid-1980s in the south 2003). The slackwater darter is rare, bend of the Tennessee River failed to sporadically distributed, and document the presence of the Factor B: Overutilization for historically known from only five slackwater darter outside these five Commercial, Recreational, Scientific, or tributary streams to the south bend of drainages (U.S. Fish and Wildlife Educational Purposes the Tennessee River in the southwestern Service 1984; 42 FR 45526). At least 5 The petition did not provide any Highland Rim of the Nashville Basin in of the 31 original sites have been lost or information pertaining to Factor B. The Tennessee and northern Alabama degraded to point that they no longer original listing rule cited this factor as (Boschung and Nieland 1986; Etnier and provide suitable habitat for slackwater not applicable. No new information in Starnes 1993). In Tennessee, the darters (U.S. Fish and Wildlife Service our files suggests a change to this populations were documented from 1984; D. Drennen, U.S. Fish and determination.

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Factor C: Disease or Predation D. Threat status and trends; DEPARTMENT OF THE INTERIOR The petition did not provide any E. Other new information, data, or Fish and Wildlife Service information pertaining to Factor C. The corrections, including, but not limited original listing rule cited this factor as to, taxonomic or nomenclatural changes, 50 CFR Part 17 not applicable. No new information in identification of erroneous information our files suggests a change to this contained in the List, and improved Endangered and Threatened Wildlife determination. analytical methods. and Plants; 90-Day Finding on a Factor D: The Inadequacy of Existing To fully understand the apparent Petition To Delist Pedicularis Regulatory Mechanisms dramatic decline of the slackwater furbishiae (Furbish lousewort) and Initiation of a 5-Year Status Review The petition did not provide any darter and its impact on this fish’s information pertaining to Factor D. The current status, we believe initiating this AGENCY: Fish and Wildlife Service, original listing rule cited this factor as 5-year review is appropriate. Interior. not applicable. No new information in New information and comments ACTION: Notice of 90-day petition our files suggests a change to this should be sent to the Field Supervisor finding and initiation of a 5-year status determination. of the Jackson Field Office (see review. ADDRESSES Factor E: Other Natural or Manmade section). Our practice is to SUMMARY: We, the U.S. Fish and Factors Affecting Its Continued make comments, including names and Wildlife Service (Service), announce a Existence home addresses of respondents, 90-day finding for a petition to remove The petition did not provide any available for public review during Pedicularis furbishiae, commonly information pertaining to Factor E. The regular business hours. Respondents referred to as Furbish lousewort, from original listing rule cited this factor as may request that we withhold a the Federal List of Endangered and not applicable. No new information in respondent’s identity, as allowable by Threatened Plants, pursuant to the our files suggests a change to this law. If you wish us to withhold your Endangered Species Act of 1973, as determination. name or address, you must state this amended (ESA). We reviewed the request prominently at the beginning of petition and supporting documentation Finding your comment. However, we will not and find that there is not substantial We have reviewed the petition and its consider anonymous comments. To the information indicating that delisting of supporting documentation, as well as extent consistent with applicable law, P. furbishiae may be warranted. our agency files. On the basis of our we will make all submissions from Therefore, we will not be initiating a review, we find that no substantial organizations or businesses, and from further 12-month status review in information has been presented or individuals identifying themselves as response to this petition. found that would indicate that delisting representatives or officials of However, we are initiating a 5-year of the slackwater darter may be organizations or businesses, available review of this species under section warranted. for public inspection in their entirety. 4(c)(2)(A) of the ESA that will consider new information that has become Five-Year Review Comments and materials received will available since the listing of the species be available for public inspection, by Section 4(c)(2)(A) of the Act requires and that will offer the State, Tribes, that we conduct a review of listed appointment, during normal business agencies, university researchers, and the species at least once every five years. hours (see ADDRESSES section). public an opportunity to provide Under section 4(c)(2)(B), we are then References Cited information on the status of the species. required to determine, on the basis of We are requesting any new information such a review, whether or not any A complete list of all references is on P. furbishiae since the original listing species should be removed from the List available, upon request, from the as an endangered species in 1978. (delisted), or reclassified from Jackson Field Office (see ADDRESSES DATES: The finding announced in this endangered to threatened, or threatened section). document was made on August 10, to endangered. Our regulations at 50 2005. To be considered in the 5-year Author CFR 424.21 require that we publish a review, comments and information notice in the Federal Register The author of this document is Daniel should be submitted to us by October announcing those species currently 11, 2005. under active review. This notice J. Drennen (see ADDRESSES section). ADDRESSES: Data, information, Authority: The authority for this action is announces our active review of the comments, or questions concerning this the Endangered Species Act of 1973, as slackwater darter. finding and 5-year review should be The 5-year review for the slackwater amended (16 U.S.C. 1531 et seq.). submitted to the U. S. Fish and Wildlife darter will consider the best scientific Dated: July 7, 2005. Service, Maine Field Office, 1168 Main and commercial data that has become Marshall P. Jones, Jr., St., Old Town, ME 04468, or by available since the species was listed, facsimile 207/827–6099. The complete such as: Acting Director, Fish and Wildlife Service. A. Species biology, including, but not [FR Doc. 05–15720 Filed 8–9–05; 8:45 am] file for this finding is available for public inspection, by appointment, limited to, population trends, BILLING CODE 4310–55–P distribution, abundance, demographics, during normal business hours at the and genetics; above address. B. Habitat conditions, including, but FOR FURTHER INFORMATION CONTACT: not limited to, amount, distribution, and Mark McCollough, Ph.D., Endangered suitability; Species Specialist, (see ADDRESSES) C. Conservation measures that have (telephone 207/827–5938 ext. 12; been implemented that benefit the facsimile 207/827–6099). species; SUPPLEMENTARY INFORMATION:

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