97-770. Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Juglans jamaicensis  

  • [Federal Register Volume 62, Number 8 (Monday, January 13, 1997)]
    [Rules and Regulations]
    [Pages 1691-1694]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-770]
    
    
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    DEPARTMENT OF THE INTERIOR
    
    Fish and Wildlife Service
    
    50 CFR Part 17
    
    RIN 1018-AD47
    
    
    Endangered and Threatened Wildlife and Plants; Determination of 
    Endangered Status for Juglans jamaicensis
    
    AGENCY: Fish and Wildlife Service, Interior.
    
    ACTION: Final rule.
    
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    SUMMARY: The Fish and Wildlife Service (Service) determines Juglans 
    jamaicensis (nogal or West Indian walnut) to be an endangered species 
    pursuant to the Endangered Species Act of 1973, as amended (Act). Nogal 
    is known from the islands of Hispaniola, Cuba, and Puerto Rico.
        In Puerto Rico, this large tree is known from only 14 individuals 
    at one locality in Adjuntas. The area is located near the Monte 
    Guilarte Commonwealth Forest but is in private ownership and threatened 
    by land-clearing for agriculture and rural development. This final rule 
    provides Juglans jamaicensis with the Federal protection and recovery 
    provisions afforded by the Act for listed species.
    
    EFFECTIVE DATE: February 12, 1997.
    
    hADDRESSES: 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. Susan Silander, Botanist, at the 
    Caribbean Field Office address (809/851-7297).
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Juglans jamaicensis (nogal or West Indian walnut) was first 
    described as J. jamaicensis by DeCandolle from a description and 
    illustration of leaves, staminate catkin and fruit by Descourtilz which 
    had been published under the name of Juglans fraxinifolia. DeCandolle 
    mistakenly believed that the tree Descourtilz had illustrated 
    originated in Jamaica, when in reality no walnut tree has ever been 
    located in Jamaica. Synonyms which have been applied to the species 
    include Juglans fraxinifolia Descourtilz, J. cinerea of Bello, J. 
    insularis Griseb., J. portoricensis Dode, and J. domingensis (Proctor 
    1992).
        Juglans jamaicensis is known from Cuba, Hispaniola and Puerto Rico 
    but little information is currently available on its status in the 
    first two countries (Liogier and Martorell 1982). It has been described 
    by the Center for Plant Conservation (1992) as ``not common'' and by 
    Proctor (1992) as becoming increasingly rare on these two islands.
        Nogal was first collected from Puerto Rico by Augustin Stahl around 
    1865. This collection was from an area between Penuelas and Adjuntas at 
    an elevation of approximately 700 meters (2,297 feet). The species was 
    subsequently collected by the German botanist Paul Sintenis in 1886 
    from somewhere near Adjuntas (Saltillo) and again in 1887 near Utuado 
    (Santa Rosa). An additional collection was made by Bartolome Barcela in 
    1915 from an area near Adjuntas (Little et al. 1974, Proctor 1992). 
    Little et al. (1974) stated that the species might possibly be extinct.
        It was not reported again until 1974 when it was rediscovered by 
    Roy O. Woodbury from the upper north slopes (an elevation of 1070 
    meters (3,510 feet)) of Cerro La Silla de Calderon, an area located 
    near the southwest corner of the municipality of Adjuntas. A survey of 
    these trees was made in 1992 by Salvador Alemany of the U.S. Forest 
    Service. A total of 14 individuals were documented, the largest of 
    which was more than 20 meters (66 feet) in height. The species has been 
    reported from montane forests at elevations between
    
    [[Page 1692]]
    
    700 and 1,000 meters (2,297 and 3,281 feet) (Proctor 1992).
        Juglans jamaicensis is a large tree which may reach up to 25 meters 
    (82 feet) in height. Twigs, buds, and leaf-axes have minute rusty 
    hairs. The leaves are alternate and compound and consist of from 16 to 
    20 mostly paired, nearly stalkless leaflets. Leaflets are from 5.5 to 9 
    centimeters (5.5 to 9 inches) long and 2.2 to 4 centimeters (0.9 to 1.6 
    inches) wide, thin and nearly hairless except on the veins beneath. 
    Leaflets are lanceolate, finely toothed, long-pointed and rounded, and 
    unequal at the base. Nogal is monoecious; male and female flowers are 
    borne in different clusters or catkins on the same tree. Staminate or 
    male flowers are numerous and in drooping catkins, 8.8 to 11 
    centimeters (3.5 to 4.3 inches) long, borne on the twigs of the 
    previous year. Pistillate or female flowers are several along an axis 
    4.4 to 8.8 centimeters (1.7 to 3.5 inches) long, borne at the ends of 
    the shoots of the season. Individual male flowers are composed of a 6-
    lobed calyx and many stamens. Female flowers are about 0.5 centimeters 
    (0.2 inches) long, composed of a 4-toothed scale opening at one side 
    and 4 sepals. The fruit, a drupe, is a walnut which is composed of a 
    blackish husk, a brown rough-ridged hard shell from 1.6 to 2.75 
    centimeters (0.6 to 1.1 inches) wide and one large, oily, edible seed 
    (Little et al. 1974, Proctor 1992).
        Juglans jamaicensis may have been more widespread in Puerto Rico in 
    the past, but much of the forested areas in the central mountain region 
    were cut for the planting of coffee. The species, possibly never a 
    common one, may also have been cut for the use of its valuable wood 
    (Little et al. 1974). Today it is known from only one locality on 
    privately-owned land where it is threatened by rural development and 
    agricultural activity.
    
    Previous Federal Action
    
        Juglans jamaicensis was included among the plants being considered 
    as a Candidate for listing by the Service, as published in the Federal 
    Register notice of review dated February 21, 1990 (55 FR 6184) and 
    September 31, 1993 (58 FR 51144). Juglans jamaicensis is considered a 
    ``critical'' plant species by the Natural Heritage Program of the 
    Puerto Rico Department of Natural and Environmental Resources. The 
    Center for Plant Conservation (1992) has assigned the species a 
    Priority Status of A (a species which could possibly go extinct in the 
    wild in the next 5 years). A proposed rule to list Juglans jamaicensis, 
    published on September 29, 1995 (60 FR 50173), constituted the final 1-
    year finding for the species in accordance with section 4(b)(3)(B)(ii) 
    of the Act.
        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 substantatively affect this 
    listing decision and that additional public comment is not warranted.
    
    Summary of Comments and Recommendations
    
        In the September 29, 1995, proposed rule and associated 
    notifications, all interested parties were requested to submit factual 
    reports of information that might contribute to the development of a 
    final rule. Appropriate agencies of the Commonwealth of Puerto Rico, 
    Federal agencies, scientific organizations and other interested parties 
    were contacted and requested to comment. A newspaper notice inviting 
    general public comment was published in the San Juan Star on October 
    27, 1995, and in El Nuevo Dia on October 25, 1995. Two letters of 
    comment were received, neither of which opposed the listing. The Puerto 
    Rico Planning Board did not have comments on the listing but stated 
    that they would utilize the information in the evaluation of projects 
    which might affect the species. The U.S. Forest Service, Institute of 
    Tropical Forestry (Institute), supported the listing of nogal, stating 
    that the trees had not reproduced successfully recently but had, in the 
    past, served as a source for seed. This seed source had been used to 
    propagate seedlings in nurseries of the Puerto Rico Department of 
    Natural and Environmental Resources, the Puerto Rico Conservation 
    Trust, and the Institute. Concern was expressed that this successful 
    propagation effort not be jeopardized. A public hearing was neither 
    requested nor held.
        The Service also solicited the expert opinions of four appropriate 
    and independent specialists regarding the pertinent scientific or 
    commercial data and assumptions relating to taxonomy, population 
    models, and biological and ecological information for this species. One 
    response was received and those comments on biology and propagation 
    have been incorporated into the final rule.
    
    Summary of Factors Affecting the Species
    
        After a thorough review and consideration of all information 
    available, the Service has determined that Juglans jamaicensis should 
    be classified as an endangered species. Procedures found at Section 
    4(a)(1) of the Act and regulations implementing the listing provisions 
    of the Act (50 CFR part 424) were followed. A species may be determined 
    to be endangered or threatened due to one or more of the five factors 
    described in section 4(a)(1). These factors and their application to 
    Juglans jamaicensis (nogal or West Indian walnut) are as follows:
    
    A. The Present or Threatened Destruction, Modification, or Curtailment 
    of Its Habitat or Range
    
        Juglans jamaicensis is known only from Cuba, Hispaniola, and Puerto 
    Rico. Available information indicates that it is rare on the first two 
    islands (CPC 1992, Proctor 1992). In Puerto Rico, it is known from only 
    one population consisting of 14 individuals on privately-owned land. 
    Surrounding areas are currently planted in coffee. The expansion of the 
    coffee plantation threatens these trees, particulary because the 
    tendency to plant ``sun coffee'' is increasing and in such plantations 
    all shade trees are eliminated. Located in a rural area, development 
    for housing may threaten the species as well.
    
    B. Overutilization for Commercial, Recreational, Scientific, or 
    Educational Purposes
    
        The wood of the species is reported to be good quality and highly 
    prized, and indeed, it is reported to have been cut in the past for 
    such purposes (Little et al. 1974).
    
    C. Disease or Predation
    
        Disease and predation have not been documented as factors in the 
    decline of this species.
    
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    D. The Inadequacy of Existing Regulatory Mechanisms
    
        The Commonwealth of Puerto Rico has adopted a regulation that 
    recognizes and provides protection for certain Commonwealth listed 
    species.
        However, Juglans jamaicensis is not yet on the Commonwealth list. 
    Federal listing would provide immediate protection under the Act, and 
    by virtue of an existing section 6 Cooperative Agreement with the 
    Commonwealth, listing will also assure the addition of this species to 
    the Commonwealth list and enhance possibilities for funding needed 
    research.
    
    E. Other Natural or Manmade Factors Affecting Its Continued Existence
    
        One of the most important factors affecting the continued survival 
    of this species is its limited distribution. Because so few individuals 
    are known to occur in a limited area, the risk of extinction is 
    extremely high. Catastrophic natural events, such as the passing of 
    Hurricane Hugo in 1989, may dramatically affect forest species 
    composition and structure, felling large trees and creating numerous 
    canopy gaps.
        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 
    Juglans jamaicensis as endangered. The species is known from only one 
    locality in Puerto Rico. Deforestation for rural and agricultural 
    development are imminent threats to the survival of the species. 
    Therefore, endangered rather than threatened status seems an accurate 
    assessment of the species' condition. The reasons for not proposing 
    critical habitat for these species are discussed below in the 
    ``Critical Habitat'' section.
    
    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 
    geographic 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 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 Juglans 
    jamaicensis. Service regulations (50 CFR 424.12(a)(1)) state that the 
    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 species, or (2) such 
    designation of critical habitat would not be beneficial to the species.
        The number of individuals of Juglans jamaicensis is sufficiently 
    small and vandalism and collection could seriously affect the survival 
    of the species. The wood of the species has been described as ``highly 
    prized'' and cutting for timber has been identified as a factor 
    affecting the species in the past. 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 these plants occur can be identified 
    without the designation of critical habitat. All involved parties and 
    landowners have been notified of the location and importance of 
    protecting these species' habitat. Protection of these species' habitat 
    will also be addressed through the recovery process and through the 
    section 7 jeopardy standard. The precarious status of Juglans 
    jamaicensis necessitates identical thresholds 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 Commonwealth, and requires that recovery 
    actions be carried out for all listed species. Such actions are 
    initiated by the Service following listing. 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 such a species or to destroy or 
    adversely modify its critical habitat. If a Federal action may affect a 
    listed species or its critical habitat, the responsible Federal agency 
    must enter into formal consultation with the Service. No critical 
    habitat is being proposed for this species, as discussed above. Federal 
    involvement may be through the use of Federal funding for rural housing 
    and development (for example, the Rural Economic and Community 
    Development or Housing and Urban Development) or Federal activities or 
    authorizations (for example, U.S. Forest Service for forest management 
    practices on private lands).
        The Act and its implementing regulations set forth a series of 
    general trade 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 any endangered plant, transport it in interstate or foreign 
    commerce in the course of commercial activity, sell or offer it for 
    sale in interstate or foreign commerce, or remove and reduce to 
    possession the species 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 
    endangered plants in knowing violation of any Commonwealth law or 
    regulation, including Commonwealth criminal trespass law. Certain 
    exceptions can apply to agents of the Service and Commonwealth 
    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 species under certain circumstances. It is
    
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    anticipated that few trade permits for this species 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 (59 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 population of Juglans 
    jamaicensis is located on privately-owned land. 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 Commonwealth law, or in knowing 
    violation of 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 activities will constitute a 
    violation of section 9 should be directed to the Field Supervisor of 
    the Service's Caribbean Field Office (see ADDRESSES section). Requests 
    for copies of the regulations on listed species and inquiries regarding 
    prohibitions and permits should be addressed to the 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 an 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 Act. A notice outlining the Service's reasons for this 
    determination was published in the Federal Register on October 25, 1983 
    (48 FR 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.
    
    References Cited
    
    Center for Plant Conservation. 1992. Report on the Rare Plants of 
    Puerto Rico. Missouri Botanical Garden, St. Louis, Missouri.
    Little, E.L. Jr, R.O. Woodbury, and F.H. Wadsworth. 1974. Trees of 
    Puerto Rico and the Virgin Islands, Volume II. Agriculture Handbook 
    No. 449. U.S. Department of Agriculture, Forest Service. Washington, 
    D.C. 1024 pp.
    Liogier, H.L. 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. R. 1992. Status report on Juglans jamaicensis C. DC. 
    Unpublished report submitted to the U.S. Fish and Wildlife Service. 
    7 pp.
    
        Author: The primary author of this final rule is Ms. Susan 
    Silander, Boqueron Field Office, U.S. Fish and Wildlife Service, 
    P.O. Box 491, Boqueron, Puerto Rico 00622 (787/851-7297).
    
    List of Subjects in 50 CFR Part 17
    
        Endangered and threatened species, Exports, Imports, Reporting and 
    recordkeeping requirements, 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   
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                            
             Flowering Plants                                                                                                                               
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    Juglans jamaicensis...............  Nogal or West Indian   U.S.A. (PR), Cuba,     Juglandaceae                  E          603           NA           NA
                                         walnut.                Hispaniola.                                                                                 
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
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        Dated: November 26, 1996.
    John G. Rogers,
    Acting Director, Fish and Wildlife Service.
    [FR Doc. 97-770 Filed 1-10-97; 8:45 am]
    BILLING CODE 4310-55-P
    
    
    

Document Information

Effective Date:
2/12/1997
Published:
01/13/1997
Department:
Fish and Wildlife Service
Entry Type:
Rule
Action:
Final rule.
Document Number:
97-770
Dates:
February 12, 1997.
Pages:
1691-1694 (4 pages)
RINs:
1018-AD47
PDF File:
97-770.pdf
CFR: (1)
50 CFR 17.12