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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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Background explaining our inability to act upon the natural or manmade factors affecting its Section 4(b)(3)(A) of the ESA (16 petition due to low priorities assigned to continued existence. A brief discussion U.S.C. 1531 et seq.) requires that we delisting petitions in accordance with of how each of the listing factors applies make a finding on whether a petition to our Listing Priority Guidance for Fiscal to the petition and the information in list, delist, or reclassify a species Year 1997, which was published in the our files follows. Federal Register on December 5, 1996 presents substantial scientific or Factor A: The Present or Threatened (61 FR 64475). That guidance identified commercial information to indicate that Destruction, Modification, or delisting activities as the lowest priority the petitioned action may be warranted. Curtailment of Its Habitat or Range (Tier 4). Due to the large number of We are to base this finding on higher priority listing actions and a The final rule adding Pedicularis information provided in the petition. To limited listing budget, we did not furbishiae to the List of Endangered and the maximum extent practicable, we are conduct any delisting activities during Threatened Plants, listed the following to make this finding within 90 days of the Fiscal Year 1997. On May 8, 1998, as threats to the species: dumping, our receipt of the petition and publish we published the Listing Priority natural landslides, and construction and our notice of this finding promptly in Guidance for Fiscal Years 1998–1999 in lumbering near the banks of the St. John the Federal Register. the Federal Register (63 FR 25502) and, River Valley in Maine and New Our standard for substantial again, we placed delisting activities at Brunswick, Canada. In addition, the information within the Code of Federal the bottom of our priority list. final rule stated that the proposed Regulations (CFR) with regard to a 90- Subsequent to 1998, the delisting Dickey-Lincoln School Lakes day petition finding is ‘‘that amount of funding source was moved from the hydropower project threatened 13 information that would lead a listing program to the recovery program, colonies of P. furbishiae. If the project reasonable person to believe that the and delisting petitions no longer had to was completed as planned, 40 percent measure proposed in the petition may compete with other section 4 actions for of the known individuals would be be warranted’’ (50 CFR 424.14(b)). funding. However, due to higher extirpated (43 FR 17910). Petitioners need not prove that the priority recovery workload, it has not The petition did not provide any petitioned action is warranted to been practicable to process this petition information pertaining to Factor A. support a ‘‘substantial’’ finding; instead, until recently. The 1991 Furbish Lousewort the key consideration in evaluating a The petition cited our 1993 Fiscal Recovery Plan, First Revision, (Plan) petition for substantiality involves Year Budget Justification as its states that unnatural alteration to the St. demonstration of the reliability of the supporting information that the species John River ecosystem within the range information supporting the action should be removed from the List of of the species constitutes a direct threat advocated by the petition. Endangered and Threatened Plants to the continued existence of the We do not conduct additional based on data error. The 1993 Fiscal species. According to the Plan, one of research at this point, nor do we subject Year Budget Justification states that we the possible sources of adverse effects is the petition to rigorous critical review. would evaluate those species identified the change in land use within and along Rather, at the 90-day finding stage, we as approaching the majority of their the banks above lousewort habitat. In accept the petitioner’s sources and recovery objectives. Our December 1990 addition, the Plan also states that the characterizations of the information, to Report to Congress, Endangered and proposed Dickey-Lincoln School the extent that they appear to be based Threatened Species Recovery Program, hydropower project named as a threat in on accepted scientific principles (such identified 33 species, including P. the final listing rule was deauthorized as citing published and peer reviewed furbishiae, that were approaching their by Congress on November 17, 1986 articles, or studies done in accordance recovery objectives. The 1993 Fiscal (Service 1991). with valid methodologies), unless we Year Budget Justification identified the The Plan (Service 1991) states that have specific information to the need to evaluate those species and until further data on the long-term contrary. determine the appropriateness of population dynamics of Pedicularis The factors for listing, delisting, or delisting them based on status surveys. furbishiae are available, a delisting reclassifying species are described at 50 We listed Pedicularis furbishiae as objective is pending. According to the CFR 424.11. We may delist a species endangered on April 26, 1978 (43 FR Plan, P. furbishiae could be reclassified only if the best scientific and 17910). At the time of listing P. from endangered to threatened when a commercial data available substantiate furbishiae, 880 individuals were known reproducing population and its habitat that it is neither endangered nor in 21 colonies from the St. John River are protected and maintained along the threatened. Delisting may be warranted Valley in Maine and New Brunswick, St. John River. as a result of: (1) Extinction; (2) Canada. Critical habitat was not The Plan contains two reclassification recovery; or (3) a determination that the designated. objectives. The first objective is further original data used for classification of discussed under Factor E below. The the species as endangered or threatened Summary of Factors Affecting the second reclassification objective, were in error. Species as Presented in the Petition permanent protection of 50 percent of Under section 4(a) of the ESA, we the species’ essential habitat, has not Review of the Petition may list, reclassify, or delist a species been met. The recovery plan defines The petition to delist P. furbishiae, on the basis of any of the five factors, essential habitat as current and potential dated February 3, 1997, was submitted as follows: Factor (A), the present or habitat used by the plant. The Plan by the National Wilderness Institute. threatened destruction, modification, or recommends that habitat protection be The petition requested we remove P. curtailment of its habitat or range; distributed among the four major river furbishiae from the List of Endangered Factor (B), overutilization for segments (segment 1: 3 to 5 miles (4.8 and Threatened Plants based on data commercial, recreational, scientific, or to 8.0 kilometers (km)); segment 2 :2 to error. educational purposes; Factor (C), 4 miles (3.2 to 6.4 km); segment 3: at In response to the petitioner’s request disease or predation; Factor (D), the least 2 miles (3.2 km); and segment 4: to delist P. furbishiae, we sent a letter inadequacy of existing regulatory an unknown, but small amount). to the petitioner on June 29, 1998, mechanisms; and Factor (E), other Currently, approximately 4.8 miles (7.7

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km) (25 percent) of 18.85 miles (29.8 objective of 7,000 flowering stems, the substantiates that the species is neither km) of current and potential habitat is Plan recommends that the population be endangered nor threatened for one or protected. Habitat protection has distributed among the four major river more of the following reasons: (1) The occurred only in river segment 1. Thus segments (Segments 1, 2, and 3, each to species is considered extinct; (2) the the amount and distribution of the contain 2,100 flowering stems; Segment species is considered to be recovered; protected habitat falls short of the 4, to contain 700 flowering stems). and/or (3) the original data available recovery objective. The downlisting criteria were based when the species was listed, or the on the 1989 survey of flowering stems, interpretation of such data, were in Factor B: Overutilization for and that number, 6,889 flowering stems, error. Any change in Federal Commercial, Recreational, Scientific, or was reflected in the 1990 Recovery classification would require a separate Educational Purposes Report to Congress. In 1991, one of the rulemaking process. The regulations in The petition did not provide any most formidable ice events in decades 50 CFR 424.21 require that we publish information pertaining to Factor B. The reshaped large portions of the river bank a notice in the Federal Register original listing rule cited this factor as communities, and the P. furbishiae announcing those species currently not applicable. The Recovery Plan population was reduced by more than under active review. This notice (Service 1991) said that ‘‘In lieu of legal 50 percent to 3,065 flowering stems. announces our active review of protection of the plants, botanical Since the 1991 event, populations have Pedicularis furbishiae, currently listed collecting and/or vandalism could increased to 5,647 flowering stems in as endangered. constitute threats to the species.’’ 2002–2003, but still have not returned However, there is no new information in to the 1989 levels. Therefore, the Public Information Solicited our files that indicates collection or population objective for reclassification To ensure that the 5-year review is vandalism has become a problem. has not been met. complete and based on the best The petitioner also stated that ‘‘other available scientific and commercial Factor C: Disease or Predation new scientific information gathered information, we are soliciting any The petition did not provide any since the time of listing which is in the additional information, comments, or information pertaining to Factor C. The possession of the Service,’’ supports suggestions on Pedicularis furbishiae original listing rule cited this factor as delisting because of data error. from the public, other concerned not applicable. No new information in However, the petition did not identify governmental agencies, Tribes, the our files suggests a change to this this new information. In addition, the scientific community, industry, determination. petitioner did not include any detailed environmental entities, or any other narrative justification for the delisting or interested parties. Information sought Factor D: The Inadequacy of Existing provide information regarding the status Regulatory Mechanisms includes any data regarding historical of the species. While we have and current distribution, biology and The petition did not provide any documented an increasing population ecology, ongoing conservation measures information pertaining to Factor D. The trend, and habitat has been protected, for the species, and threats to the original listing rule cited this factor as the Plan criteria for downlisting have species. We also request information not applicable. The Recovery Plan not been met. We have found no regarding the adequacy of existing (Service 1991) discusses that the State of evidence or data in our files or in the regulatory mechanisms. Maine does not have any laws petition that indicates a data error was The 5-year review considers all new protecting endangered plant species. committed in listing Pedicularis information available at the time of the However, there is no new information in furbishiae or that otherwise indicates review. This review will consider the our files that indicates that this lack of the petitioned action may be warranted. best scientific and commercial data that State law have been a problem for P. Finding has become available since the current furbishiae. listing determination or most recent We have reviewed the petition and its Factor E: Other Natural or Manmade status review, such as: supporting documentation, information A. Species biology including, but not Factors Affecting Its Continued in our files, and other available Existence limited to, population trends, information. We find that the petition distribution, abundance, demographics, The petition did not provide any does not present substantial information and genetics; information pertaining to Factor E. indicating that delisting of Pedicularis B. Habitat conditions including, but According to the Plan, another furbishiae may be warranted. not limited to, amount, distribution, and possible source of adverse effects to the Five-Year Review suitability; range of the P. furbishiae, besides the C. Conservation measures that have change in land use within and along the Under the ESA, the Service maintains been implemented that benefit the banks above lousewort habitat a List of Endangered and Threatened species; mentioned under Factor A above, is a Wildlife and Plants at 50 CFR 17.11 (for D. Threat status and trends; and change in hydrology of the St. John wildlife) and 17.12 (for plants). Section E. Other new information, data, or River. 4(c)(2)(A) of the ESA requires that we corrections including, but not limited The Plan states that the species will conduct a review of listed species at to, taxonomic or nomenclatural changes, be considered for reclassification, in least once every five years. Then, on the identification of erroneous information part, when a geometric mean of at least basis of such reviews under section contained in the List, and improved 7,000 flowering stems is maintained for 4(c)(2)(B), we determine whether or not analytical methods. a 6-year period, and 50 percent of the any species should be removed from the If you wish to provide information for species’ essential habitat is permanently List (delisted), or reclassified from the status review, you may submit your protected. For the purposes of recovery endangered to threatened or from comments and materials to the planning, the St. John River was divided threatened to endangered. Delisting a Supervisor, Maine Field Office (see into 4 major river sections, each species must be supported by the best ADDRESSES). Our practice is to make containing 10 to 16 river segments. In scientific and commercial data available comments, including names and home addition to meeting the total population and only considered if such data addresses of respondents, available for

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public review during regular business organizations or businesses, available Author for public inspection in their entirety. hours. Respondents may request that we The primary author of this document Comments and materials received will withhold a respondent’s identity, to the is Mark McCollough, Ph.D., Endangered be available for public inspection, by extent allowable by law. If you wish us Species Specialist, Maine Field Office appointment, during normal business to withhold your name or address, you (see ADDRESSES). must state this request prominently at hours at the Maine Field Office (see the beginning of your comment. ADDRESSES). Authority: The authority for this action is the Endangered Species Act (16 U.S.C. 1531 However, we will not consider References Cited et seq.). anonymous comments. To the extent consistent with applicable law, we will U.S. Fish and Wildlife Service Dated: July 19, 2005. make all submissions from (Service). 1991. Furbish Lousewort Marshall Jones, organizations or businesses, and from Recovery Plan, First Revision. U.S. Fish Acting Director, Fish and Wildlife Service. individuals identifying themselves as and Wildlife Service, Newton Corner, [FR Doc. 05–15570 Filed 8–9–05; 8:45 am] representatives or officials of Massachusetts. 46pp. BILLING CODE 4310–55–P

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