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E-M:/ Piping Plover 5 year review



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Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>
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Today's Federal Register


[Federal Register: September 30, 2008 (Volume 73, Number 190)]
[Notices]              
[Page 56860-56862]
 From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se08-89]                        

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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R3-ES-2008-N0235; 30120-1113-0000 C4; 50120-1113-0000 C4]

Endangered and Threatened Wildlife and Plants; 5-Year Review

AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of initiation of review; request for information on the
piping plover (Charadrius melodus).

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), initiate 5-
year reviews of the piping plover (Atlantic Coast, Great Lakes, and
Northern Great Plains populations) under the Endangered Species Act of
1973, as amended (Act). We request any new information on these
populations that may have a bearing on their classification as
endangered or threatened. Based on the results of these 5-year reviews,
we will make a finding on whether these populations are properly
classified under the Act.

DATES: To allow us adequate time to conduct these reviews, we must
receive your information no later than December 1, 2008. However, we
will continue to accept new information about any listed species at any
time.

ADDRESSES: For instructions on how to submit information and review the
information that we receive on these populations, see ``Public
Solicitation of New Information.''

FOR FURTHER INFORMATION CONTACT: Please contact the appropriate person
under ``Public Solicitation of New 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.

SUPPLEMENTARY INFORMATION: We initiate 5-year reviews of the Atlantic
Coast, Great Lakes, and Northern Great Plains populations of the piping
plover (Charadrius melodus), under the Act. In our December 11, 1985,
final rule listing the piping plover across its range, we determined
the Great Lakes breeding population to be endangered (but threatened
when occurring outside of the Great Lakes watershed--See Table 1) and
the Atlantic Coast and Great Plains populations to be threatened (50 FR
50726). We then approved recovery plans for the Atlantic Coast (USFWS
1988a, 1996), Great Lakes (USFWS 1988b, 2003), and Northern Great
Plains (USFWS 1988b) populations. The three populations share wintering
habitats along the Atlantic and Gulf Coasts, from North Carolina to
Mexico and into the Caribbean Islands.
    We request any new information on these populations that may have a
bearing on their classification as endangered or threatened.
    Based on the results of these 5-year reviews, we will make findings
on whether these populations are properly classified under the Act.

Why Do We Conduct a 5-Year Review?

    Under the Act, we maintain the List of Endangered and Threatened
Wildlife and Plant Species (List) at 50 CFR 17.11 and 17.12. We amend
the List by publishing final rules in the Federal Register. Section
4(c)(2)(A) of the Act requires that we conduct a review of listed
species at least once every 5 years. Section 4(c)(2)(B) requires that
we determine (1) whether a species no longer meets the definition of
threatened or endangered and should be removed from the List
(delisted); (2) whether a species more properly meets the definition of
threatened and should be reclassified from endangered to threatened; or
(3) whether a species more properly meets the definition of endangered
and should be reclassified

[[Page 56861]]

from threatened to endangered. Using the best scientific and commercial
data available, a species will be considered for delisting if the data
substantiate that the species is neither endangered nor threatened for
one or more of the following reasons: (1) The species is considered
extinct; (2) the species is considered to be recovered; and/or (3) the
original data available when the species was listed, or the
interpretation of such data, were in error. Any change in Federal
classification requires a separate rulemaking process. Therefore, we
are requesting submission of any such information that has become
available for each of the three piping plover populations since we
initiated the last formal status review on November 6, 1991 (56 FR
56882). Based on the results of these 5-year reviews, we will make the
requisite findings under section 4(c)(2)(B) of the Act.
    Our regulations at 50 CFR 424.21 require that we publish a notice
in the Federal Register announcing those species currently under
review. This notice announces initiation of our active review of the
piping plover (Table 1).

                                                   Table 1--Piping Plover Listing Information Summary
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            Common name                  Scientific name             Status                  Where listed                   Final listing rule
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Piping plover (Great Lakes breeding  Charadrius melodus....  Endangered............  U.S.A. (Great Lakes          50 FR 50726; 12/11/1985
 population).                                                                         watershed in States of IL,
                                                                                      IN, MI, MN, NY, OH, PA,
                                                                                      and WI), Canada (Ont.).
Piping plover (Atlantic Coast and    Charadrius melodus....  Threatened............  Entire, except those areas   50 FR 50726; 12/11/1985
 Northern Great Plains populations).                                                  where listed as endangered
                                                                                      above.
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What Information Do We Consider in Our Review?

    In our 5-year review, we consider all new information available at
the time of the review. These reviews will consider the best scientific
and commercial data that have become available since the original
listing determination or most recent status review of each species,
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
to 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 of
Endangered and Threatened Wildlife and Plants, and improved analytical
methods.

Public Solicitation of New Information

    We request any new information concerning the status of the piping
plover (Atlantic Coast, Great Lakes, and Northern Great Plains
populations). 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. We
specifically request information regarding data from any systematic
surveys, as well as any studies or analysis of data that may show
population size or trends; information pertaining to the biology or
ecology of the species; information regarding the effects of current
land management on population distribution and abundance; information
on the current condition of habitat; and recent information regarding
conservation measures that have been implemented to benefit the
species. Additionally, we specifically request information regarding
the current distribution of populations and evaluation of threats faced
by the species in relation to the five listing factors (as defined in
section 4(a)(1) of the Act) and the species' listed status as judged
against the definition of threatened or endangered. Finally, we solicit
recommendations pertaining to the development of, or potential updates
to recovery plans and additional actions or studies that would benefit
these populations in the future.
    Our practice is to make information, including names and home
addresses of respondents, available for public review. Before including
your address, telephone number, e-mail address, or other personal
identifying information in your response, you should be aware that your
entire submission--including your personal identifying information--may
be made publicly available at any time. While you can ask us in your
response to withhold your personal identifying information from public
review, we cannot guarantee that we will be able to do so.
    Submit all electronic information in Text or Rich Text format.
Provide your name and return address in the body of your message, and
include the following identifier in the e-mail subject line:
``Information on 5-year review for Piping Plover.'' You may also view
information we receive in response to this notice, as well as other
documentation in our files, at the locations below by appointment,
during normal business hours. Please contact the appropriate person
below. Mail or hand-deliver information to the address(es) below as the
information pertains to the piping plover in the corresponding States
and other areas:
    Michigan, Wisconsin, Minnesota, Illinois, Indiana, Ohio,
Pennsylvania, and Ontario: U.S. Fish and Wildlife Service, East Lansing
Field Office, 2651 Coolidge Road, Suite 101, East Lansing, MI 48823-
5902; Attention: Mr. Jack Dingledine. Direct inquiries to Mr. Dingledine
at 517-351-6320 (phone) or <A HREF="mailto:FW3MidwestRegion_5YearReview@fws.gov";>FW3MidwestRegion_5YearReview@fws.gov</A>
(e-mail).
    Montana, North Dakota, South Dakota, Iowa, Nebraska, Colorado,
Kansas, Alberta, Saskatchewan, and Manitoba: U.S. Fish and Wildlife
Service, 3425 Miriam Avenue, Bismarck, ND 58501; Attention: Ms. Carol
Aron. Direct inquiries to Ms. Aron at 701-250-4481 (phone) or <A HREF="mailto:carol_aron@fws.gov";>
carol_aron@fws.gov</A> (e-mail).
    North Carolina, South Carolina, Georgia, Bahamas, Cuba, Puerto
Rico, and other Caribbean Islands: U.S. Fish and Wildlife Service, P.O.
Box 33726, Raleigh, NC 27636-3726; Attention: Mr. David Rabon. Direct
inquiries to Mr. Rabon at 919-856-4520, extension 16 (phone) or <A HREF="mailto:david_rabon@fws.gov";>
david_rabon@fws.gov</A> $fnl;(e-mail).
    Texas and Mexico: U.S. Fish and Wildlife Service, Ecological
Services Field Office, c/o TAMUCC, 6300 Ocean Drive--USFWS Unit 5837,
Corpus Christi, TX 78412-5837; Attention: Ms. Robyn Cobb. Direct
inquiries to Ms.

[[Page 56862]]

Cobb at 361-994-9005 (phone) or <A HREF="mailto:robyn_cobb@fws.gov";>robyn_cobb@fws.gov</A> (e-mail).
    Florida, Alabama, Mississippi, and Louisiana: U.S. Fish and
Wildlife Service, 1601 Balboa Avenue, Panama City, FL 32405; Attention:
Ms. Patty Kelly. Direct inquiries to Ms. Kelly at 850-769-0552,
extension 228 (phone) or <A HREF="mailto:patricia_kelly@fws.gov";>patricia_kelly@fws.gov</A> (e-mail).
    Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New
York, New Jersey, Delaware, Maryland, Virginia, Newfoundland, Quebec,
Nova Scotia, Prince Edward Island, New Brunswick, and St. Pierre and
Miquelon (France), piping plovers in any area not listed above,
information pertinent to multiple regions: U.S. Fish and Wildlife
Service, 73 Weir Hill Road, Sudbury, MA 01776; Attention: Ms. Anne
Hecht. Direct inquiries to Ms. Hecht at 978-443-4325 (phone) or <A HREF="mailto:anne_hecht@fws.gov";>
anne_hecht@fws.gov</A> (e-mail).

How Are These Populations Currently Listed?

    Table 1 provides current listing information. Also, the List, which
covers all listed species, is available on our Internet site at <A HREF="http://endangered.fws.gov/wildlife.html#Species";>
http://endangered.fws.gov/wildlife.html#Species</A>.

Definitions

    To help you submit information about the species we are reviewing,
we provide the following definitions:
    Species includes any species or subspecies of fish, wildlife, or
plant, and any distinct population segment of any species of
vertebrate, which interbreeds when mature;
    Endangered species means any species that is in danger of
extinction throughout all or a significant portion of its range; and
    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.

How Do We Determine Whether a Species Is Endangered or Threatened?

    Section 4(a)(1) of the Act establishes 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 existence. Section 4(a)(1) of the Act requires
that our determination be made on the basis of the best scientific and
commercial data available.

What Could Happen as a Result of Our Review?

    For the 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
population from threatened to endangered (uplist); (b) reclassify the
population from endangered to threatened (downlist); or (c) remove the
population(s) from the List (delist).
    If we determine that a change in classification is not warranted,
then the populations will remain on the List under their current status.

References

U.S. Fish and Wildlife Service, 1988a. Atlantic Coast piping plover
recovery plan. U.S. Fish and Wildlife Service, Newton Corner, MA. 77pp.
----, 1988b. Great Lakes and Northern Great Plains piping plover
recovery plan. U.S. Fish and Wildlife Service, Twin Cities, MN. 160pp.
----, 1996. Piping plover (Charadrius melodus) Atlantic Coast
population, revised recovery plan. Hadley, MA. 258pp.
----, 2003. Recovery plan for the Great Lakes piping plover
(Charadrius melodus). Ft. Snelling, MN. 141pp.

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: August 22, 2008.
T.J. Miller,
Acting Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. E8-23073 Filed 9-26-08; 4:15 pm]
BILLING CODE 4310-55-P

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