55158 Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Notices 

Virginia (green blossom): Clinch River, 

Powell River, North Fork Holston 

River, and North Fork Clinch River. 

Tennessee (green blossom): Clinch 

River, Powell River, Holston River, 

Nolichucky River, and North Fork 

Clinch River. 

Arkansas (turgid-blossom): Spring 

Creek, Black River, and White River. 

Missouri (turgid-blossom): White River. 

Alabama (turgid-blossom): Shoal Creek 

and Bear Creek. 

Tennessee (turgid-blossom): Tennessee 

River, Elk River, Duck River, Holston 

River, Clinch River, Emory River, and 

Cumberland River. 

Alabama (yellow-blossom): Flint River, 

Hurricane Creek, Limestone Creek, 

Bear Creek, and Cypress Creek. 

Tennessee (yellow-blossom): Tennessee 

River, Elk River, Duck River, Holston 

River, Little Tennessee River, Citico 

Creek, Clinch River, and Cumberland 

River. 

We also request information 

concerning changes in habitat 

conditions in the above-listed streams 

since the last reported collection of the 

green-blossom, yellow-blossom, and 

turgid-blossom. This information will 

enable us to determine whether or not 

populations of the species may still 

exist in one or more of those streams. 

Specific Information Requested for the 

Cumberland Elktoe, Cumberlandian 

Combshell, and Oyster Mussel 

We are especially interested in 

information on surviving populations of 

the Cumberland elktoe, Cumberlandian 

combshell and oyster mussel. We 

specifically request any recent 

information regarding the collection of 

live or fresh dead shells of these species, 

as well as information on their location, 

numbers, habitats and/or threats. 

Specific Information Requested for the 

Painted Snake Coiled Forest Snail 

We are especially interested in 

obtaining any data pertaining to 

previously known or newly discovered 

occurrences of the painted snake coiled 

forest snail or biological studies related 

to this species. We specifically request 

information regarding: potential threats 

arising from commercial, industrial, or 

residential development, timber 

harvesting, or other land use activities; 

conservation activities directed towards 

this species; and studies related to life 

history, genetics, and ecology of these 

animals, including sensitivity to seismic 

disturbance or limestone dust 

deposition that could result from 

quarrying operations. 

Specific Information Requested for the 

Seabeach Amaranth 

We are especially interested in 

information on population trends, 

distribution and genetics, as well as, the 

effects of beach nourishment projects on 

seabeach amaranth individuals, 

populations and habitat. 

Definitions Related to This Notice 

The following definitions are 

provided to assist those persons who 

contemplate submitting information 

regarding the species being reviewed: 

A. 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. 

B. Endangered means any species that 

is in danger of extinction throughout all 

or a significant portion of its range. 

C. Threatened 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 following five 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 This 

Review? 

If we find that there is new 

information concerning any of these 14 

species indicating that a change in 

classification may be warranted, we may 

propose a new rule that could do one of 

the following: (a) Reclassify the species 

from endangered to threatened 

(downlist); (b) reclassify the species 

from threatened to endangered (uplist); 

or (c) delist the species. If we determine 

that a change in classification is not 

warranted, then these species will 

remain on the List under their current 

status. 

Public Solicitation of New Information 

We request any new information 

concerning the status of these 14 

species. See ‘‘What information is 

considered in the review?’’ heading for 

specific criteria. Information submitted 

should be supported by 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. Our practice is 

to make comments, including names 

and home addresses of respondents, 

available for public review. Individual 

respondents may request that we 

withhold their home addresses from the 

supporting record, which we will honor 

to the extent allowable by law. There 

also may be circumstances in which we 

may withhold from the supporting 

record a respondent’s identity, as 

allowable by law. If you wish us to 

withhold your name and/or address, 

you must state this prominently at the 

beginning of your comment. We will not 

consider anonymous comments, 

however. 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. 

Authority: This document is published 

under the authority of the Endangered 

Species Act (16 U.S.C. 1531 et seq.). 

Dated: August 25, 2005. 

Jeffrey Fleming, 

Acting Regional Director, Southeast Region. 

[FR Doc. 05–18688 Filed 9–19–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Notice of Availability of a Draft Safe 

Harbor Agreement and Receipt of an 

Application for an Enhancement of 

Survival Permit Associated With 

Proposed Restoration Activities for the 

Karner Blue Butterfly in the West Gary, 

Indiana Recovery Unit 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability. 

SUMMARY: The Nature Conservancy 

(Applicant) has applied to the U.S. Fish 

and Wildlife Service (Service) for an 

Enhancement of Survival Permit 

Associated with proposed restoration 

activities for the Karner blue butterfly 

(Lycaeides melissa samuelis) pursuant 

to section 10(a)(1)(A) of the Endangered 

Species Act of 1973 (U.S.C. 1531 et 

seq.), as amended (Act). This permit 

Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Notices 55159 

application includes a draft Safe Harbor 

Agreement (SHA) between the 

Applicant and the Service. The 

proposed SHA and permit would 

become effective upon signature of the 

SHA and issuance of the permit and 

would remain in effect for 15 years. We 

are requesting comments on the permit 

application and on the Service’s 

preliminary determination that the 

proposed SHA qualifies as a categorical 

exclusion (516 DM 6 Appendix 1, 

1.4C(1)) under the National 

Environmental Policy Act (NEPA) of 

1969, as amended. Further, the Service 

is specifically soliciting information 

regarding the adequacy of the SHA as 

measured against the Service’s Safe 

Harbor Policy and the implementing 

regulations. 

DATES: Written data or comments must 

be received on or before October 20, 

2005. 

ADDRESSES: 1. Regional Director, U.S. 

Fish and Wildlife Service, Ecological 

Services, 1 Federal Drive, Fort Snelling, 

Minnesota 55111–4056. 

2. U.S. Fish and Wildlife Service, 

Ecological Services, 620 South Walker 

Street, Bloomington, Indiana 47403–

2121. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Peter Fasbender, (612) 713–5343. 

SUPPLEMENTARY INFORMATION: 

Availability of Documents 

Individuals requesting copies of the 

enhancement of survival permit 

application and SHA should contact the 

Service by telephone at (612) 713–5343 

or by letter (see ADDRESSES). Copies of 

the proposed SHA also are available for 

public inspection during regular 

business hours at the Bloomington, 

Indiana, Field Office (see ADDRESSES) or 

at the Service’s Regional Web site at: 

http://www.fws.gov/midwest/NEPA. All 

comments received from individuals 

become part of the official public 

record. Requests for such comments will 

be handled in accordance with the 

Freedom of Information Act and the 

Council on Environmental Quality’s 

NEPA regulations [40 CFR 1506.6(f)]. 

Our practice is to make comments, 

including names and home addresses of 

respondents, available for public review 

during regular business hours. 

Individual respondents may request that 

we withhold their home address from 

the record, which we will honor to the 

extent allowable by law. If a respondent 

wishes us to withhold his/her name 

and/or address, this must be stated 

prominently at the beginning of the 

comment. 

Background 

The Karner blue butterfly was once a 

locally common species ranging from 

New England across the Great Lakes 

Region, extending as far west as eastern 

Minnesota. In Indiana, the Karner was 

originally distributed across the 

northern tier of counties on outwash 

and lake deposited sands. Currently 

there are approximately 1,000 acres of 

dune and swale topography remaining 

in the West Gary Recovery Unit, of this 

approximately 650 acres is potential 

habitat. By 1990, the Karner blue 

butterfly survived at only two dune and 

swale remnants: Ivanhoe Nature 

Preserve and Tolleston Ridges Nature 

Preserve. At Ivanhoe Nature Preserve, 

the butterfly was found within scattered 

openings until it disappeared there in 

1998. After several years of habitat 

restoration effort, the Nature 

Conservancy began a re-introduction 

program in 2001. Despite recent success, 

the Karner blue butterfly continues to 

persist at limited habitat patches within 

three relatively isolated natural areas. 

Ecological fragmentation, combined 

with complex landownership and land 

use patterns, has created a difficult 

landscape for developing and 

implementing conservation strategies in 

the West Gary Recovery Unit. 

The purpose of the SHA is to allow 

the Applicant and the Service to address 

the regional needs of the species by 

working with individual landowners to 

develop site specific restoration and 

management plans for a variety of 

properties. These plans will be designed 

to maximize Karner blue butterfly 

habitat within the constraints of the 

site’s landscape setting and current land 

use and management needs. In addition 

they will document baseline conditions, 

monitoring protocols, timeframes, legal 

and regulatory responsibilities of 

participants, and will serve as a 

framework for coordinating 

conservation work in the West Gary 

Recovery Unit. 

The SHA will allow willing property 

owners to enroll private and non-federal 

governmental lands into a regional 

program under an umbrella section 

10(a)(1)(A) permit issued to the 

Applicant by means of a Certification of 

Inclusion. In addition, the Applicant 

will develop individual restoration and 

management plans to address the 

specific conservation benefits that 

enrolled properties contribute to 

establishing a viable metapopulation. 

The area encompassed by the SHA 

may contain facilities eligible to be 

listed on the National Register of 

Historic Places. Additionally, other 

historical or archeological resources 

may be present. The National Historic 

Preservation Act and other laws require 

these properties and resources be 

identified and considered in project 

planning. The public is requested to 

inform the Service of concerns about 

archeological sites, buildings, and 

structures; historic events; sacred and 

traditional areas; and other historic 

preservation concerns. 

Dated: August 23, 2005. 

Wendi Weber, 

Assistant Regional Director, Ecological 

Services, Region 3, Fort Snelling, Minnesota. 

[FR Doc. 05–18682 Filed 9–19–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Ohio Department of Natural Resources 

Candidate Conservation Agreement 

With Assurances and Enhancement of 

Survival Permit Application for the 

Eastern Massasauga Rattlesnake 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability. 

SUMMARY: The Fish and Wildlife Service 

(Service) has received an application 

from the Ohio Department of Natural 

Resources (Applicant) for an 

enhancement of survival permit (ESP) 

pursuant to section 10(a)(1)(A) of the 

Endangered Species Act of 1973 (U.S.C. 

1531 et seq.), as amended (Act). The 

Applicant proposes to implement 

conservation measures for the Eastern 

Massasauga rattlesnake (Sistrurus 

sistrurus catenatus) by removing the 

threats to the survival and protecting 

and managing its habitat within the 

Rome State Nature Preserve. The 

Service announces receipt of the ESP 

application as well as the availability of 

a proposed Candidate Conservation 

Agreement with Assurances (CCAA) 

intended to facilitate the 

implementation of conservation 

measures for the species by the 

Applicant. Compliance under the 

National Environmental Policy Act 

(NEPA) for the proposed action was 

addressed in an Environmental 

Assessment (EA) approved July 26, 

2005. A copy of the final EA and 

Finding of No Significant Impact 

(FONSI) is available at: http:// 

www.fws.gov/midwest/NEPA. 

DATES: Written data or comments must 

be received on or before October 20, 

2005. 

ADDRESSES: 1. Regional Director, U.S. 

Fish and Wildlife Service, Ecological