[Federal Register: April 9, 2009 (Volume 74, Number 67)]
[Page 16230-16232]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

[FWS-R4-ES-2009-N0032]; [40120-1113-0000-C4]

Endangered and Threatened Wildlife and Plants; 5-Year Status 
Reviews of 13 Southeastern Plant 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 status reviews of 13 species under the Endangered 
Species Act of 1973, as amended (Act). We conduct these reviews to 
ensure that the classification of species as threatened or endangered 
on the Lists of Endangered and Threatened Wildlife and Plants is 
accurate. A 5-year review is an

[[Page 16231]]

assessment of the best scientific and commercial data available at the 
time of the review.

DATES: To allow us adequate time to conduct these reviews, we must 
receive your comments or information on or before June 8, 2009. 
However, we will continue to accept new information about any listed 
species at any time.

ADDRESSES: For instructions on how to submit information and review 
information we receive on these species, see ``Request for New 

FOR FURTHER INFORMATION CONTACT: For species-specific information, 
contact the appropriate person under ``Request for New Information.''

SUPPLEMENTARY INFORMATION: Under the Act (16 U.S.C. 1531 et seq.), we 
maintain lists of endangered and threatened wildlife and plant species 
in the Code of Federal Regulations (CFR) 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 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 Lists (delisted), or reclassified 
from endangered to threatened or from threatened to endangered. If we 
consider delisting a species, we must support the action by the best 
scientific and commercial data available, and we must consider if these 
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 requires a separate rulemaking process. We make 
amendments to the List in the CFR through final rules published in the 
Federal Register.
    Our regulations at 50 CFR 424.21 require that we publish a notice 
in the Federal Register announcing those species currently under our 
active review. This notice announces our active review of 13 species 
that are currently listed as endangered: The Brooksville bellflower 
(Campanula robinsiae), fragrant prickly-apple (Cereus eriophorus var. 
fragrans), pygmy fringe-tree (Chionanthus pygmaeus), snakeroot 
(Eryngium cuneifolium), Cooley's water-willow (Justicia cooleyi), scrub 
blazingstar (Liatris ohlingerae), Britton's beargrass (Nolina 
brittoniana), Key tree-cactus (Pilosocereus robinii), Lewton's polygala 
(Polygala lewtonii), wireweed (Polygonella basiramia), sandlace 
(Polygonella myriophylla), Chapman's rhododendron (Rhododendron 
chapmanii), and Florida torreya (Torreya taxifolia). The List is also 
available on our internet site at http://endangered.fws.gov/

What Information Do We Consider in a 5-Year Review?

    A 5-year review considers the best scientific and commercial data 
that have become available since the current 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 
    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 


    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 Because of This 5-Year Review?

    If we find that there is new information concerning any of these 13 
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; (b) reclassify 
the species from threatened to endangered; or (c) delist the species. 
If we determine that a change in classification is not warranted, then 
the species will remain on the List under its current status.

Request for New Information

    To do any of the following, contact the person associated with the 
species you are interested in below:
    (a) To get more information on a species,
    (b) To submit information on a species, or
    (c) To review information we receive, which will be available for 
public inspection by appointment, during normal business hours, at the 
listed addresses.
     Brooksville bellflower, Cooley's water-willow, and 
Britton's beargrass: Sandy MacPherson, Jacksonville Field Office, U.S. 
Fish and Wildlife Service, 7915 Baymeadows Way, Suite 200, 
Jacksonville, FL 32256-7517; fax: 904-731-3045; telephone: 904/731-
3328; e-mail: sandy_macpherson@fws.gov.
     Fragrant prickly-apple, pygmy fringe-tree, snakeroot, 
scrub blazingstar, Key tree-cactus, Lewton's polygala, wireweed, and 
sandlace: Chris Belden, South Florida Ecological Services Office, U.S. 
Fish and Wildlife Service, 1339 20th Street, Vero Beach, FL 32960; fax: 
772-562-4288; telephone: 772/562-3909, ext. 237; e-mail: chris_
     Chapman's rhododendron and Florida torreya: Janet Mizzi, 
Panama City Field Office, U.S. Fish and Wildlife Service, 1601 Balboa 
Avenue, Panama City, FL 32405; fax: 850-763-2177; telephone: 850/769-
0552, ext. 247; e-mail janet_mizzi@fws.gov
    We request any new information concerning the status of any of 
these 13 species. See ``What Information Do We Consider in a 5-Year 
Review?'' heading for specific criteria. Support your information 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.

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 

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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.


    We publish this document under the authority of the Endangered 
Species Act (16 U.S.C. 1531 et seq.).

    Dated: February 25, 2009.
Michael L. Piccirilli,
Acting Regional Director, Southeast Region.
[FR Doc. E9-8078 Filed 4-8-09; 8:45 am]