[Federal Register: February 20, 2009 (Volume 74, Number 33)]
[Page 7914-7915]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

[FWS-R4-ES-2008-N0256; 40120-1113-0000-C4]

Endangered and Threatened Wildlife and Plants; 5-Year Review of 
10 Caribbean Plant Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.


SUMMARY: The U.S. Fish and Wildlife Service (Service) is initiating 5-
year reviews of Auerodendron pauciflorum (no common name), Daphnopsis 
hellerana (no common name), Gesneria pauciflora (no common name), Ilex 
sintenisi (no common name), Leptocereus grantianus (no common name), 
Schoepfia arenaria (no common name), palo de jazmin (Styrax 
portoricensis), palo colorado (Ternstroemia luquillensis), Ternstroemia 
subsessilis (no common name), and St. Thomas prickly ash (Zanthoxylum 
thomasianum) under section 4(c)(2) of the Endangered Species Act of 
1973, as amended (Act). The purpose of reviews conducted under this 
section of the Act is to ensure that the classification of species as 
threatened or endangered on the List of Endangered and Threatened 
Wildlife and Plants (50 CFR 17.11 and 17.12) is accurate. A 5-year 
review is an assessment of the best scientific and commercial data 
available at the time of the review.

DATES: To allow us adequate time to conduct this review, information 
submitted for our consideration must be received on or before April 21, 
2009. However, we will continue to accept new information about any 
listed species at any time.

ADDRESSES: Written comments and information may be sent: via e-mail to 
marelisa_rivera@fws.gov, faxed to (787) 851-7440, or sent via regular 
mail to: Marelisa Rivera, Caribbean Field Office, U.S. Fish and 
Wildlife Service, P.O. Box 491, Boqueron, Puerto Rico 00622. 
Information received in response to this notice of review will be 
available for public inspection by appointment, during normal business 
hours, at the Ecological Services Office, Carr. 301, Km. 5.1, Bo. 
Corozo, Boqueron, Puerto Rico.

FOR FURTHER INFORMATION CONTACT: Marelisa Rivera, Boqueron, Puerto 
Rico, at the address above or by telephone, 787-851-7297, ext. 231.

SUPPLEMENTARY INFORMATION: Under the Act (16 U.S.C. 1531 et seq. ), the 
Service maintains a list of endangered and threatened wildlife and 
plant species at 50 CFR 17.11 (for wildlife) and 17.12 (for plants) 
(collectively referred to as the List). Section 4(c)(2)(A) of the Act 
requires that we conduct a review of listed species at least once every 
five 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. 
Amendments to the List through final rules are published in the Federal 
    The regulations at 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 threatened plant 
Schoepfia arenaria; and 9 other plant species currently listed as 
endangered. The List is also available on our internet site at http://

What information is considered in the review?

    A 5-year review considers the best scientific and commercial data 
that has become available since the current listing determination or 
most recent status review of each species, such as:

[[Page 7915]]

    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 
    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 

Definitions Related to This Notice

    We provide the following definitions to assist individuals 
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 

What could happen as a result of this review?

    If we find that there is new information concerning any of these 10 
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 10 
plant 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 during regular business hours. 
Individual respondents may request that we withhold their home 
addresses, etc., but if you wish us to withhold this information, you 
must state this prominently at the beginning of your comments. In 
addition, you must present a rationale for withholding this 
information. This rationale must demonstrate that disclosure would 
constitute a clearly unwarranted invasion of privacy. Unsupported 
assertions will not meet this burden. In the absence of exceptional, 
documental circumstances, this information will be released. We will 
always make submissions from organizations or businesses, and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses, available for public inspection in their 


    This document is published under the authority of the Endangered 
Species Act (16 U.S.C. 1531 et seq.).

    Dated: February 11, 2009.
Jacquelyn B. Parrish,
Acting Regional Director.
[FR Doc. E9-3604 Filed 2-19-09; 8:45 am]