Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### Fish and Wildlife Service 

# AGENCY:

Fish and Wildlife Service, Interior. 

# ACTION:

Notice of review.

# SUMMARY:

                        The U.S. Fish and Wildlife Service (Service) announces a 5-year review of the Topeka shiner (                        *Notropis topeka*), a species of fish native to streams of the central plains region, under section 4(c)(2)(A) of the Endangered Species Act of 1973 (Act) (16 U.S.C. 1531*et seq.*). A 5-year review is a periodic process conducted to ensure that the listing classification of a species is accurate. A 5-year review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any such information on the Topeka shiner that has become available since its original listing as an endangered species in 1998 (63 FR 69008). Based on the results of this 5-year review, we will make the requisite finding under section 4(c)(2)(B) of the Act.                     

# DATES:

To allow us adequate time to conduct this review, we must receive your information no later than February 7, 2005. However, we will continue to accept new information about any listed species at any time. 

# ADDRESSES:

Submit information to the U.S. Fish and Wildlife Service, Kansas Ecological Services Field Office, 315 Houston Street, Suite E, Manhattan, Kansas 66502. Information received in response to this notice and review will be available for public inspection, by appointment, during normal business hours, at the above address. 

# FOR FURTHER INFORMATION CONTACT:

                        Vernon Tabor at the above address, by telephone (785) 539-3474, by facsimile (785) 539-8567, or by e-mail                         *Vernon_Tabor@fws.gov.*

# SUPPLEMENTARY INFORMATION:

                    Under the Act, the Service maintains a list of endangered and threatened wildlife and plant species at 50 CFR 17.11 (for animals) and 17.12 (for plants). Section 4(c)(2)(A) of the Act requires that we conduct a review of listed species at least once every 5 years. Then, on the basis of such reviews under section 4(c)(2)(B), we determine whether or not any species should be removed from the list (delisted), or reclassified from endangered to threatened or from threatened to endangered. Delisting a species must be supported by the best scientific and commercial data available and only considered if such 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 would require a separate rulemaking process. The regulations in 50 CFR 424.21 require that we publish a notice in the                     **Federal Register**                     announcing those species currently under active review. This notice announces our active review of the Topeka shiner currently listed as an endangered species.                 

## Public Solicitation of New Information 

To ensure that the 5-year review is complete and based on the best scientific and commercial information, we are soliciting new information from the public, concerned governmental agencies, Tribes, the scientific community, industry, environmental entities, and any other interested parties concerning the status of Topeka shiner. 

                    The 5-year review considers the best scientific and commercial data and all new information that has become available since the listing determination or most recent status review. Categories of requested information include—(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                           ( print page 71072)                        implemented that benefit the species; (D) threat status and trends; 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 methods.                 

                    If you wish to provide information for this 5-year review, you may submit your comments and materials to the Kansas Ecological Services Field Office (                    *see***ADDRESSES**                     section). Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Respondents may request that we withhold a respondent's identity, as allowable by law. If you wish us to withhold your name or address, you must state this request prominently at the beginning of your comment. However, we will not consider anonymous comments. To the extent consistent with applicable law, we will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. Comments and materials received will be available for public inspection, by appointment, during normal business hours (                    *see***ADDRESSES**                     section).                 

Authority                        This document is published under the authority of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531*et seq.*).                     

Dated: November 24, 2004. 

Benjamin Tuggle, 

Regional Director, Denver, Colorado. 

[FR Doc. 04-26910 Filed 12-7-04; 8:45 am] 

BILLING CODE 4310-55-P