[Federal Register Volume 62, Number 7 (Friday, January 10, 1997)]
[Rules and Regulations]
[Pages 1644-1647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-564]
[[Page 1643]]
_______________________________________________________________________
Part V
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Final Rules
Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Rules
and Regulations
[[Page 1644]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AD48
Endangered and Threatened Wildlife and Plants; Determination of
Endangered Status for the Plant Cordia Bellonis
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The Fish and Wildlife Service (Service) determines Cordia
bellonis (no common name) to be endangered pursuant to the Endangered
Species Act (Act) of 1973, as amended. This species is a shrub endemic
to the island of Puerto Rico and it is restricted to three public
forests--Maricao, Susua, and Rio Abajo. The species is threatened by
habitat loss, some forest management practices, and restricted
distribution. This final rule will implement the Federal protection and
recovery provisions afforded by the Act for Cordia bellonis.
DATES: Effective February 10, 1997.
ADDRESSES: The complete file for this rule is available for inspection,
by appointment, during normal business hours, at the Boqueron Field
Office, U.S. Fish and Wildlife Service, P.O. Box 491, Boqueron, Puerto
Rico 00622.
FOR FURTHER INFORMATION CONTACT: Ms. Marelisa Rivera at the Boqueron
Field Office address (809/851-7297).
SUPPLEMENTARY INFORMATION:
Background
Cordia bellonis was described by Urban in 1899 from specimens
collected by Paul Sintenis at ``Monte Alegrillo'' in the municipality
of Maricao, Puerto Rico (Urban 1899). The name of ``Monte Alegrillo''
has disappeared from use, but according to Proctor (1991), N.L. Britton
referred to ``Monte Alegrillo'' as the peak at the extreme head of the
Rio Maricao, with an elevation of 900 meters. This type location was
developed for the installation of telecommunication towers. Paul
Sintenis collected Cordia bellonis in the area known as Indiera Fria.
The species was also collected by Britton and Brown in 1915 from Monte
Cerrote near Adjuntas (Proctor 1991). Britton and Wilson (1925)
described the species as Varronia bellonis and identified its
distribution as mountain-sides in the vicinity of Maricao. Liogier and
Martorell (1982) stated that the species distribution was the mountain
slopes and serpentine hills in northwestern districts of Puerto Rico.
Proctor (1991) reported only 4 individuals of Cordia bellonis from Cain
Alto Ward in the Maricao Commonwealth Forest. Breckon and Kolterman
(1993) reported 87 individuals at 17 localities in three areas in
Maricao. Half of the localities consist of isolated individuals.
The species was reported for the first time in Susua in 1992, where
a small population of 5 individuals was found (Breckon and Kolterman
1993). Cordia bellonis was also unknown from the Rio Abajo Commonwealth
Forest until it was found in 1994 (Federal Highway Administration and
Puerto Rico Highway and Transportation Authority 1994). Approximately
118 individuals were found in 12 localities. Ninety-five (82 percent)
of these individuals were removed for possible future reintroduction
because of the construction of the road PR 10 (PR Highway and
Transportation Authority 1995).
Cordia bellonis has been found in serpentine soils at Maricao and
Susua at road edges, river margins, and on steep slopes (Breckon and
Kolterman 1993). In the Rio Abajo Forest, the species was found either
on sunny banks along dirt roads growing in thickets of vegetation or in
open saddles between limestone hills (Federal Highway Administration
and Puerto Rico Highway and Transportation Authority 1994).
Cordia bellonis is an arching to erect shrub of about 1 to 2 meters
(3.3 to 6.6 feet) high with very slender twigs with short hairs. The
leaves are alternate, oblong to oblong-lanceolate, 2 to 6 centimeters
(0.79 to 2.36 inches) long, usually 2.5 to 3 times longer than wide.
The corolla is white with 4 subcylindric lobes. The fruit is a pointed
drupe, 5 millimeters (0.20 inches) in length (Proctor 1991). The white
axillary flowers are unisexual and the plants are either male or female
(dioecious) (Breckon and Kolterman 1993).
The species is threatened by habitat destruction and modification,
forest management practices, and restricted distribution. Eighty-two
percent of the individuals known from the Rio Abajo Commonwealth Forest
were removed from the forest for the construction of a highway. Breckon
and Kolterman (1994) reported that 14 individuals from Maricao appeared
to have been eliminated due to clearing along the roadside of the
forest. In 1995, twenty additional individuals were apparently
destroyed by the clearing which occurred for the reconstruction of Road
362 in the Camp Santana area. Restricted distribution coupled with the
requirement for adequate numbers of both male and female plants in a
viable population are limiting factors for the species. In a large
number of the localities where the species is found, the shrub occurs
as isolated individuals. Because of forest destruction, less than half
of the individuals previously known remain in these three forests.
Previous Federal Action
Cordia bellonis was designated a candidate species in the Federal
Register notice of review for plant taxa dated September 30, 1993 (58
FR 51144). The species was recommended for listing by Proctor (1991) in
a Status Report prepared for the species. In further studies conducted
for the species, Breckon and Kolterman (1993) also recommended the
species for listing. Cordia bellonis is considered to be a critical
plant by the Natural Heritage Program of the Puerto Rico Department of
Natural and Environmental Resources. A proposed rule to list Cordia
bellonis as endangered was published on September 28, 1995 (60 FR
50176).
The processing of this final rule conforms with the Service's final
listing priority guidance published in the Federal Register on May 16,
1996 (61 FR 24722). The guidance clarifies the order in which the
Service will process rulemakings following two related events--(1) the
lifting, on April 26, 1996, of the moratorium on final listings imposed
on April 10, 1995 (Public Law 104-6), and (2) the restoration of
significant funding for listing through the passage of the omnibus
budget reconciliation law on April 26, 1996, following severe funding
constraints imposed by a number of continuing resolutions between
November 1995 and April 1996. The guidance calls for giving highest
priority to handling emergency situations (Tier 1) and second highest
priority (Tier 2) to resolving the listing status of the outstanding
proposed listings. This final rule falls under Tier 2. At this time,
there are no pending Tier 1 actions. In the development of this final
rule, the Service has conducted an internal review of all available
information. Based on this review, the Service has determined that
there is no new information that would substantively affect this
listing decision and that additional public comment is not warranted.
Summary of Comments and Recommendations
In the September 28, 1995, proposed rule and associated
notifications, all interested parties were requested to submit factual
reports or information
[[Page 1645]]
that might contribute to the development of a final rule. Appropriate
agencies of the Commonwealth of Puerto Rico, Federal agencies,
scientific organizations, and interested parties were requested to
comment. Newspaper notices inviting general public comment were
published in ``The San Juan Star'' on October 14, 1995, and in ``El
Nuevo Dia'' on October 16, 1995. Two comment letters were received and
are discussed as follows. Dr. G.J. Breckon and Dr. D.A. Kolterman, both
from the University of Puerto Rico, Mayaguez Campus, supported the
proposal to list Cordia bellonis as an endangered species. The U.S.
Department of the Army, Jacksonville District Corps of Engineers,
Antilles Office, provided comments, but did not indicate support or
objection to listing the species. Comments supplying supplemental data
have been incorporated into the Background section of this rule, as
appropriate. A public hearing was neither requested nor held.
The Service also solicited the expert opinions of three appropriate
and independent specialists regarding pertinent scientific or
commercial data and assumptions relating to distribution, abundance,
status, and biological and ecological information for Cordia bellonis.
Two responses from the specialists were received; they supported the
listing of the species as an endangered species, and supplemental data
was incorporated into this final rule.
Summary of Factors Affecting the Species
After a thorough review and considertion of all information
available, the Service has determined that Cordia bellonis should be
classified as an endangered species. Procedures found at section
4(a)(1) of the Endangered Species Act and regulations implementing the
listing provisions of the Act (50 CFR part 424) were followed. A
species may be determined to be an endangered or threatened species due
to one or more of the five factors described in section 4(a)(1). These
factors and their application to Cordia bellonis, are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Destruction and modification of
the habitat is considered one of the most significant factors affecting
the numbers and distribution of Cordia bellonis. This species is only
known from three areas in Puerto Rico; Maricao, Susua, and Rio Abajo.
In Maricao, the species is found at 17 localities in three areas,
for a total of 87 individuals. Thirty-four of these individuals have
been eliminated due to clearing along the roadside and the
reconstruction of Road 362. Half of the localities consist of isolated
individuals. The dioecious condition of the species is a factor
limiting reproduction by these individuals. Because the majority of
these individuals occur along both sides of two public roads,
maintenance of road sides, as well as fires and vandalism, may result
in the loss of these individuals. In Susua, a small population of only
5 individuals was found in 1992. The species was previously unknown
from this area. This small population may be affected by forest
management practices. Cordia bellonis was also unknown from the Rio
Abajo forest until it was found in 1994. Approximately 118 individuals
were found in 12 localities. Ninety-five individuals were located along
the construction route for a highway (which is now completed) and were
removed for possible future transplantation. Of the remaining 23
individuals, 13 have been found in an area designated for compensation
(mitigation) for the highway and 10 are found in highway rights-of-way.
The species is also known from a private landholding where extraction
of fill material for the construction of the road will likely result in
the loss of these plants. The rareness and restricted distribution make
this species vulnerable to habitat destruction and modification.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Taking for these purposes has not been a
documented factor in the decline of this species.
C. Disease or predation. Disease and predation have not been
documented as factors in the decline of this species.
D. The inadequacy of existing regulatory mechanisms. The
Commonwealth of Puerto Rico has adopted a regulation that recognizes
and provides protection to certain Commonwealth listed species.
However, Cordia bellonis is not yet on the Commonwealth list. Federal
listing will provide immediate protection to the species, and by virtue
of an existing section 6 Conservation Agreement with the Commonwealth,
listing will also assure the addition of this species to the
Commonwealth list and enhance its possibilities for funding needed
research.
E. Other natural or manmade factors affecting its continued
existence. Two significant factors affecting this species are its
limited distribution and dioecious condition. The limited distribution
of this species makes it particularly vulnerable to extinction from
naturally occurring events such as fire and local management practices.
As a dioecious plant, Cordia bellonis requires outcrossing to
successfully reproduce. Being dioecious creates a limiting factor
affecting the continued existence of this rare plant since most
remaining individuals are widely separated from each other and,
therefore, unlikely to reproduce.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by this species in determining to make this rule
final. Based on this evaluation, the preferred action is to list Cordia
bellonis as endangered. The rarity of this plant makes the species
vulnerable to the loss of any individual. Only 81 individuals of Cordia
bellonis are known to occur in the wild. Habitat modification may
dramatically affect this endemic plant. Therefore, endangered, rather
than threatened, status is considered an accurate assessment of the
species' condition. The reasons for not designating critical habitat
for this species are discussed in the ``Critical Habitat'' section of
this rule.
Critical Habitat
Critical habitat is defined in section 3 of the Act as: (i) the
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
considerations or protection and; (ii) specific areas outside the
geographical area occupied by a species at the time it is listed, upon
a determination that such areas are essential for the conservation of
the species. ``Conservation'' means the use of all methods and
procedures needed to bring the species to the point at which listing
under the Act is no longer necessary.
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, the Secretary designate critical habitat at the time
the species is determined to be endangered or threatened. The Service
finds that designation of critical habitat is not prudent for Cordia
bellonis. Service regulations (50 CFR 424.12 (a)(1)) state that
designation of critical habitat is not prudent when one or both of the
following situations exist--(1) The species is threatened by taking or
other human activity, and identification of critical habitat can be
expected to increase the degree of threat to the
[[Page 1646]]
species, or (2) such designation of critical habitat would not be
beneficial to the species.
Populations of Cordia bellonis are small and accessible. Vandalism
and cutting could seriously affect the survival of the species.
Publication of critical habitat descriptions and maps in the Federal
Register would increase the likelihood of such activities. The Service
believes that Federal involvement in the areas where this plant occurs
can be identified without the designation of critical habitat. All
involved parties and landowners have been notified of the location and
importance of protecting this species' habitat. Protection of this
species' habitat will also be addressed through the recovery process
and through the section 7 jeopardy standard. The precarious status of
Cordia bellonis necessitates identical threshholds for determining
adverse modification of critical habitat and jeopardizing the continued
existence of the species. Therefore, no additional protection from
designating critical habitat would occur for this species.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing encourages and results in
conservation actions by Federal, Commonwealth, and private agencies,
groups, and individuals. The Act provides for possible land acquisition
and cooperation with the States and requires that recovery actions be
carried out for all listed species. The protection required of Federal
agencies and the prohibitions against certain activities involving
listed plants are discussed, in part, below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(2) requires Federal agencies to ensure that
activities they authorize, fund, or carry out are not likely to
jeopardize the continued existence of the species or destroy or
adversely modify its critical habitat. If a Federal action may
adversely affect a listed species or its critical habitat, the
responsible Federal agency must enter into formal consultation with the
Service.
The majority of the individuals of Cordia bellonis known from
Maricao are found along both sides of roads PR #120 and PR #362. Any
widening of these roads, installation of water and sewer pipelines, and
the installation of powerlines along these roads may adversely affect
the species. These types of activities could be funded by Federal
agencies (for example, the Federal Highway Administration, U.S. Housing
and Urban Development, and Rural Development). Cordia bellonis was
seriously affected by the construction of a highway in the Rio Abajo
Commonwealth Forest. This road was funded by the Federal Highway
Administration and 82 percent of the individuals of Cordia bellonis
were removed from the Forest for possible future transplantation.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered
plants. All prohibitions of section 9(a)(2) of the Act, implemented by
50 CFR 17.61, apply. These prohibitions, in part, make it illegal for
any person subject to the jurisdiction of the United States to import
or export, transport in interstate or foreign commerce in the course of
a commercial activity, sell or offer for sale in interstate or foreign
commerce, or remove and reduce the species to possession from areas
under Federal jurisdiction. In addition, for plants listed as
endangered, the Act prohibits the malicious damage or destruction on
areas under Federal jurisdiction and the removal, cutting, digging up,
or damaging or destroying of such plants in knowing violation of any
State law or regulation, including State criminal trespass law. Certain
exceptions to the prohibitions apply to agents of the Service and State
conservation agencies.
The Act and 50 CFR 17.62 and 17.63 also provide for the issuance of
permits to carry out otherwise prohibited activities involving
endangered plants under certain circumstances. Such permits are
available for scientific purposes and to enhance the propagation or
survival of the species. Few trade permits for this plant will ever be
sought or issued, since the species is not known to be in cultivation
and is uncommon in the wild.
It is the policy of the Service, published in the Federal Register
on July 1, 1994 (50 FR 34272), to identify to the maximum extent
practicable those activities that would or would not constitute a
violation of section 9 of the Act at the time of listing. The intent of
this policy is to increase public awareness of the effect of listing on
proposed or ongoing activities. The only known populations of Cordia
bellonis are restricted to three Commonwealth forests--Maricao, Susua
and Rio Abajo. Since there is no Federal ownership, and the species is
not currently in trade, the only potential section 9 involvement would
relate to removing or damaging the plant in knowing violation of a
Commonwealth law or regulation, including Commonwealth criminal
trespass law. Section 15.01(b) of the Commonwealth ``Regulation to
Govern the Management of Threatened and Endangered Species in the
Commonwealth of Puerto Rico'' states: ``It is illegal to take, cut,
mutilate, uproot, burn or excavate any endangered plant species or part
thereof within the jurisdiction of the Commonwealth of Puerto Rico.''
The Service is not aware of any otherwise lawful activities being
conducted or proposed by the public that will be affected by this
listing and result in a violation of section 9.
Questions regarding whether specific activites will constitute a
violation of section 9 should be directed to the Field Supervisor of
the Service's Boqueron Field Office (see ADDRESSES section). Requests
for copies of the regulations on listed species and inquiries regarding
prohibitions and permits should be addressed to U.S. Fish and Wildlife
Service, Ecological Services (TE), 1875 Century Boulevard, Atlanta,
Georgia 30345-3301 (404/679-7313).
National Environmental Policy Act
The Fish and Wildlife Service has determined that Environmental
Assessment and Environmental Impact Statements, as defined under the
authority of the National Environmental Policy Act of 1969, need not be
prepared in connection with regulations adopted pursuant to section
4(a) of the Endangered Species Act of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 CFR 49244).
Required Determinations
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and found it to contain no information collection
requirements. This rulemaking was not subject to review by the Office
of Management and Budget under Executive Order 12866.
[[Page 1647]]
References Cited
Breckon, G.J. and D.A. Kolterman. 1993. Cordia bellonis Urban
[Boraginaceae]. Final report under cooperative agreement No. 14-16-
0004-92-970 between U.S. Fish and Wildlife Service and the
University of Puerto Rico, Mayaguez Campus. 14 pp.
Breckon, G.J. and D.A. Kolterman. 1994. Cordia bellonis Urban
[Boraginaceae]. Final report under cooperative agreement No. 14-16-
0004-93-973 between U.S. Fish and Wildlife Service and the
University of Puerto Rico, Mayaguez Campus. 4 pp.
Britton, N.L. and P. Wilson. 1925. Scientific survey of Porto Rico
and the Virgin Islands. Volume VI-Part 1. Botany of Porto Rico and
the Virgin Islands. Descriptive flora-Spermatohyta (continued). New
York Academy of Sciences, New York. 158 pp.
Federal Highway Administration and the Puerto Rico Highway and
Transportation Authority. 1994. Biological Assessment Relocation of
PR-10 Utuado, Puerto Rico. Unpublished Report.
Liogier, H.A. and L.F. Martorell. 1982. Flora of Puerto Rico and
adjacent islands: a systematic synopsis. Editorial de la Universidad
de Puerto Rico, Rio Piedras, Puerto Rico. 342 pp.
Proctor, G. 1991. Puerto Rican plant species of concern: Status and
recommendations. Miscellaneous Scientific Publication No. 2.
Department of Natural and Environmental Resources, San Juan, Puerto
Rico. Pp. 59-61.
Puerto Rico Highway and Transportation Authority. 1995. Report to
U.S. Fish and Wildlife Service on plant species, Puerto Rican boa
and monitoring program of the broad-winged hawk PR-10 Highway,
Arecibo-Utuado. Unpublished report.
Urban. 1899. Symb. Antill. 1:393.
Author
The primary author of this final rule is Ms. Marelisa Rivera,
Boqueron Field Office, U.S. Fish and Wildlife Service, P.O. Box 491,
Boqueron, Puerto Rico 00622 (809/851-7297).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Regulation Promulgation
Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is amended as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. Section 17.12(h) is amended by adding the following, in
alphabetical order under FLOWERING PLANTS, to the List of Endangered
and Threatened Plants to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
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Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
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Flowering Plants
* * * * * * *
Cordia bellonis.................. None................ U.S.A. (PR)........ Boraginaceae....... E 601 NA NA
* * * * * * *
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Dated: December 6, 1996.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-564 Filed 1-9-97; 8:45 am]
BILLING CODE 4310-55-P
