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Environmental Law

: ESA Blawg

FWS seeking information on piping plovers for 5-year review

By Keith W. Rizzardi

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73 Fed. Reg. 56860, 73 FR 56860-56862, Vol. 73, No. 190 (Tuesday, September 30, 2008)(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; Notice of initiation of review; request for information on the piping plover (Charadrius melodus).)

Photo of an adult piping plover from the Atlantic Coast population FWS webpage.  According to an FWS fact sheet, intensive protection has helped the population more than double during the 1986-2006 period, but the most recent surveys place the Atlantic population at fewer than 2,000 pairs.

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.

KEITHINKING: Note that  information is sought no later than December 1, 2008, so, in theory, a 5-year review, and a proposed new rulemaking in response to the review, could be forthcoming in December.

EXCERPT: 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.

Full post as published by ESA Blawg on September 30, 2008 (boomark / email).