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2005 Federal Register, 70 FR 46465; Centralized Library: U.S. Fish And

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2005 Federal Register, 70 FR 46465; Centralized Library: U.S. Fish And Federal Register / Vol. 70, No. 153 / Wednesday, August 10, 2005 / Proposed Rules 46465 § 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 VerDate jul<14>2003 15:14 Aug 09, 2005 Jkt 205001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\10AUP1.SGM 10AUP1 46466 Federal Register / Vol. 70, No. 153 / Wednesday, August 10, 2005 / Proposed Rules 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).
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