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###### Department of the Interior

###### Fish and Wildlife Service

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

# 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                               ( print 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 Information.”                    

# 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/​wildlife.html#Species*.                

## 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 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.

## Definitions

                    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.

## 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_belden@fws.gov .                
    -  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 other                           ( print page 16232)                        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.                

## Authority

                    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]

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