Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Proposed Rules 13251 

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. 

Under section 4(b)(1) of the Act, we 

must base our assessment of these 

factors solely on the best scientific and 

commercial data available. 

V. What could happen as a result of this 

review? 

For each species under review, if we 

find new information that indicates a 

change in classification may be 

warranted, we may propose, through 

formal rulemaking, to: 

(A) Reclassify the species from 

threatened to endangered (uplist); 

(B) Reclassify the species from 

endangered to threatened (downlist); or 

(C) Remove the species from the List 

(delist). 

If we determine that a change in 

classification is not warranted, then no 

formal rulemaking is required; the 

species remains on the List under its 

current status. 

VI. Request for New Information 

To ensure that a 5-year review is 

complete and based on the best 

available scientific and commercial 

information, we request new 

information from all sources. See ‘‘What 

Information Do We Consider in Our 

Review?’’ for specific criteria. If you 

submit information, please 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. 

If you wish to provide information for 

any species listed above, please submit 

your comments and materials to the 

appropriate contact in either the Idaho 

or Pacific Islands Fish and Wildlife 

Office (see ADDRESSES section). 

VII. Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Comments and materials received will 

be available for public inspection, by 

appointment, during normal business 

hours at the offices where the comments 

are submitted. 

VIII. Completed and Active Reviews 

A list of all completed and currently 

active 5-year reviews addressing species 

for which the Pacific Region of the 

Service has lead responsibility is 

available at: http://www.fws.gov/pacific/ 

ecoservices/endangered/recovery/ 

5year.html. 

IX. 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: January 18, 2012. 

Richard R. Hannan, 

Acting Regional Director, Region 1 Fish and 

Wildlife Service. 

[FR Doc. 2012–5335 Filed 3–5–12; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R5–ES–2012–N038; 

FXES11130500000D2–123–FF05E00000] 

Endangered and Threatened Wildlife 

and Plants; Initiation of a 5-Year 

Review of Nine Northeastern Species 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of initiation of reviews; 

request for information. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are initiating 

5-year reviews under the Endangered 

Species Act (Act), as amended, for nine 

northeastern species. We will review the 

following species, all listed as 

endangered under the Act: Maryland 

darter, Virginia fringed mountain snail, 

Virginia big-eared bat, Hay’s Spring 

amphipod, Lee County Cave isopod, and 

Shenandoah salamander. We will also 

review the following threatened species: 

Knieskern’s beaked-rush, small whorled 

pogonia, and Virginia sneezeweed. We 

conduct these reviews to ensure that our 

classification of each species on the lists 

of endangered and threatened wildlife 

and plants is accurate. A 5-year review 

assesses the best scientific and 

commercial data available at the time of 

the review. We are requesting 

submission of any such information that 

has become available since the previous 

5-year review for each species. Based on 

review results, we will determine 

whether we should change the listing 

status of any of these species. 

DATES: To ensure consideration, please 

send your written information by May 7, 

2012. However, we will continue to 

accept new information about any listed 

species at any time. 

ADDRESSES: For where and how to send 

information, see ‘‘VIII. Contacts’’ near 

the end of the SUPPLEMENTARY

INFORMATION section. 

FOR FURTHER INFORMATION CONTACT: 

Mary Parkin, by U.S. mail at U.S. Fish 

and Wildlife Service, Northeast 

Regional Office, 300 Westgate Center 

Drive, Hadley, MA 01035; by telephone 

at 617–417–3331; or by electronic mail 

at mary_parkin@fws.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why do we conduct 5-year reviews? 

Under the Act (16 U.S.C. 1531 et seq.), 

we maintain lists of endangered and 

threatened wildlife and plants (which 

we refer to collectively as the list) at 50 

CFR 17.11 (for animals) and 17.12 (for 

plants). Section 4(c)(2)(A) of the ESA 

requires us to review the status of each 

listed species at least once every 5 years. 

Then, under section 4(c)(2)(B), we 

determine whether to remove the 

species from the list (delist), reclassify 

it from endangered to threatened, or 

reclassify it from threatened to 

endangered. Any change in Federal 

classification requires a separate 

rulemaking process. 

In classifying a species, we use the 

following definitions from 50 CFR 

424.02: 

(A) Species includes any species or 

subspecies of fish, wildlife, or plant, or 

any distinct population segment of any 

species or vertebrate, that interbreeds 

when mature; 

(B) Endangered species means any 

species that is in danger of extinction 

throughout all or a significant portion of 

its range; and 

(C) 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. 

We must support delisting a species 

by the best scientific and commercial 

data available, and we only consider 

delisting if data substantiate that the 

species is neither endangered nor 

threatened for one or more of the 

following reason (50 CFR 424.11 (d)): 

(A) The species is extinct; 

(B) The species is recovered; or 

(C) The original data available when 

the species was listed, or the 


srobinson on DSK4SPTVN1PROD with PROPOSALS
13252 Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Proposed Rules 

interpretation of such data, were in 

error. 

The regulations in 50 CFR 424.21 

require that we publish a notice in the 

Federal Register announcing those 

species currently under active review. 

II. What species are under review? 

We are initiating 5-year status reviews 

of the species in the following table. 

Species Under 5-Year Review 

Common name Scientific name Status Where listed Final listing rule publication date 

and citation 

Animals 

Maryland darter .......... Etheostoma sellare ...................... Endangered ............... U.S.A.; MD ................. March 11, 1967; 32 FR 4001. 

Virginia fringed mountain snail.Polygyriscus virginianus ............... Endangered ............... U.S.A.; VA .................. July 3, 1978; 43 FR 28932. 

Virginia big-eared bat Corynorhinus (=Plecotus) 

townsendii virginianus.

Endangered ............... U.S.A.; KY, NC, VA, 

WV.

November 30, 1979; 44 FR 

69206. 

Hay’s Spring 

amphipod.

Stygobromus hayi ........................ Endangered ............... U.S.A.; District of Columbia, MD.February 5, 1982; 47 FR 5425. 

Lee County Cave isopod.Lirceus usdagalun ........................ Endangered ............... U.S.A.; VA .................. November 20, 1992; 57 FR 

54722. 

Shenandoah salamander.Plethodon shenandoah ................ Endangered ............... U.S.A.; VA .................. August 18, 1989; 54 FR 34464. 

Plants 

Knieskern’s beakedrush.Rhynchospora knieskernii ............ Threatened ................. U.S.A.; DE, NJ ........... July 18, 1991; 56 FR 32978. 

Small whorled 

pogonia.

Isotria medeoloides ...................... Threatened ................. U.S.A.; CT , DE, GA, 

IL, ME, MA, MI, 

MO, NH, NJ, NY, 

NC, OH, PA, RI, 

SC, TN, VA, WV.

September 9, 1982; 47 FR 

39827. 

Virginia sneezeweed .. Helenium virginicum ..................... Threatened ................. U.S.A.; MO, VA .......... November 3, 1998; 63 FR 59239. 

III. What do we consider in our review? 

We consider all new information 

available at the time we conduct a 

5-year review. We consider the best 

scientific and commercial data that have 

become available since the current 

listing determination or most recent 

status review, 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 that 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, and improved 

analytical methods. 

We specifically request data from any 

systematic surveys, as well as any 

studies or analysis of data that may 

show any of the following: 

(A) Population size or trends; 

(B) Species biology or ecology; 

(C) The effects of current land 

management on population distribution 

and abundance; 

(D) Current habitat conditions; 

(E) Recent conservation measures that 

have been implemented to benefit the 

species; 

(F) Current distribution of 

populations; 

(G) Evaluation of threats faced by the 

species in relation to the five listing 

factors (as defined below and in section 

4(a)(1) of the Act); or 

(H) The species’ status as judged 

against the definition of endangered or 

threatened. 

IV. How do we determine whether a 

species is endangered or threatened? 

Section 4(a)(1) of the Act requires 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 man-made factors 

affecting its continued existence. 

Under section 4(b)(1) of the Act, we 

must base our assessment of these 

factors solely on the best scientific and 

commercial data available. 

V. What Could Happen as a Result of 

Our Review? 

For each species under review, if we 

find new information indicating that a 

change in classification may be 

warranted, we may propose a rule that 

could do one of the following: 

(A) Reclassify the species from 

threatened to endangered (uplist); 

(B) Reclassify the species from 

endangered to threatened (downlist); or 

(C) Remove the species from the List 

(delist). 

If we determine that a change in 

classification is not warranted, then the 

species will remain on the list under its 

current status. 

VI. Request for New Information 

To ensure that a 5-year review is 

complete and based on the best 

available scientific and commercial 

information, we request new 

information from all sources. 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. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Proposed Rules 13253 

Submit your information and 

materials to the appropriate U.S. Fish 

and Wildlife Office listed under ‘‘VIII., 

Contacts.’’ 

VII. Public Availability of Information 

Submitted 

Before including your address, phone 

number, electronic mail address, or 

other personal identifying information 

in your submission, you should be 

aware that you entire submission— 

including your personal identifying 

information—may be made publicly 

available at any time. Although you can 

request that personal information be 

withheld from public review, we cannot 

guarantee that we will be able to do so. 

Materials received will be available for 

public inspection, by appointment, 

during normal business hours at the 

offices where the information is 

submitted. 

VIII. Contacts 

Species Contact person, phone, e-mail Contact address 

Maryland darter .................................................. Andy Moser, (410) 573–4537; e-mail andy_

moser@fws.gov.

U.S. Fish and Wildlife Service, Chesapeake 

Bay Field Office, 177 Admiral Cochrane 

Drive, Annapolis, MD 21401. 

Virginia fringed mountain snail ........................... Michael Drummond, (804) 693–6694; e-mail 

mike_drummond@fws.gov.

U.S. Fish and Wildlife Service, Virginia Field 

Office, 6669 Short Lane, Gloucester, VA 

23061. 

Virginia big-eared bat ......................................... Barbara Douglas, (304) 636–6586; e-mail barbara_douglas@fws.gov.U.S. Fish and Wildlife Service, West Virginia 

Field Office, 694 Beverly Pike, Elkins, WV 

26241. 

Hay’s Spring amphipod ...................................... Andy Moser, (410) 573–4537; e-mail 

andy_moser@fws.gov.

U.S. Fish and Wildlife Service, Chesapeake 

Bay Field Office, 177 Admiral Cochrane 

Drive, Annapolis, MD 21401. 

Lee County Cave isopod .................................... Shane Hanlon, (276) 623–1233; e-mail 

shane_hanlon@fws.gov.

U.S. Fish and Wildlife Service, Southwest Virginia Field Office, 330 Cummings Street, 

Abingdon, VA 24210. 

Shenandoah salamander ................................... Cindy Schulz, (804) 693–6694; e-mail cindy_

schulz@fws.gov.

U.S. Fish and Wildlife Service, Virginia Field 

Office, 6669 Short Lane, Gloucester, VA 

23061. 

Knieskern’s beaked-rush .................................... Annette Scherer, (609) 383–3938; e-mail annette_scherer@fws.gov.U.S. Fish and Wildlife Service, New Jersey 

Field Office, 927 North Main Street, Bldg D, 

Pleasantville, NJ 08232. 

Small whorled pogonia ....................................... Susi von Oettingen, (603) 223–2541; e-mail 

susi_vonOettingen@fws.gov.

U.S. Fish and Wildlife Service, New England 

Field Office, 70 Commercial Street, Ste. 

300, Concord, NH 03301. 

Virginia sneezeweed .......................................... Cindy Schulz, (804) 693–6694; e-mail cindy_

schulz@fws.gov.

U.S. Fish and Wildlife Service, Virginia Field 

Office, 6669 Short Lane, Gloucester, VA 

23061. 

IX. 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: January 25, 2012. 

Wendi Weber, 

Regional Director, Northeast Region, U.S. Fish 

and Wildlife Service. 

[FR Doc. 2012–5212 Filed 3–5–12; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

RIN 0648–BB18 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands Management Area; 

Amendment 97 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of availability of 

fishery management plan amendment; 

request for comments. 

SUMMARY: The North Pacific Fishery 

Management Council submitted 

Amendment 97 to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) to NMFS for 

review. If approved, Amendment 97 

would allow owners of vessels 

participating in the Amendment 80 

Program, known as Amendment 80 

vessels, to replace their vessels for any 

reason at any time. Amendment 97 

includes provisions that would limit the 

length of a replacement vessel, extend 

Gulf of Alaska groundfish harvest limits 

known as ‘‘sideboards’’ to replacement 

vessels, require replacement vessels to 

meet certain safety standards 

established by the Coast Guard, and 

prevent replaced vessels from being 

used in Federal groundfish fisheries off 

Alaska other than certain Bering Sea 

and Aleutian Islands groundfish 

fisheries. This action is necessary to 

promote safety-at-sea by allowing 

Amendment 80 vessels owners to 

replace aging vessels with newer, larger, 

and safer vessels and by requiring 

replacement vessels to meet certain 

Coast Guard vessel safety standards, and 

is intended to provide Amendment 80 

vessel owners with the opportunity to 

increase their retention and utilization 

of groundfish catch through the ability 

to expand their vessel’s range of 

processing capabilities. This action is 

intended to promote the goals and 

objectives of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, the FMP, and other applicable 

laws. 

DATES: Comments on the amendment 

must be received on or before May 7, 

2012. 

ADDRESSES: Send comments to Glenn 

Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by NOAA–NMFS– 

2011–0147, by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal at http:// 


srobinson on DSK4SPTVN1PROD with PROPOSALS