[Federal Register Volume 59, Number 1 (Monday, January 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-32053]
[[Page Unknown]]
[Federal Register: January 3, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC17
Endangered and Threatened Wildlife and Plants; Proposed
Endangered Status for Three Puerto Rican Plants
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Service proposes to determine Mitracarpus maxwelliae,
Mitracarpus polycladus, and Eugenia woodburyana to be endangered
species pursuant to the Endangered Species Act (Act) of 1973, as
amended. M. maxwelliae and E. woodburyana are endemic to Puerto Rico.
M. polycladus has been reported from only one other island, Saba, in
the Lesser Antilles. Both species of Mitracarpus are small shrubs that
are each limited in distribution to one area in Guanica, located in
southwestern Puerto Rico. E. woodburyana is known only from
approximately 45 individuals at three locations in southwestern Puerto
Rico. These species are variously threatened by road construction,
recreational activities, wildfires, and land clearing associated with
development for agriculture and other purposes. This proposal, if made
final, would provide M. maxwelliae, M. polycladus and E. woodburyana
with the Federal protection and recovery provisions afforded by the Act
for listed species.
DATES: Comments from all interested parties must be received by March
4, 1994. Public hearing requests must be received by February 17, 1994.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Field Supervisor, Caribbean Field Office, U.S. Fish and
Wildlife Service, P.O. Box 491, Boqueron, Puerto Rico 00622. Comments
and materials received will be available for public inspection, by
appointment, during normal business hours at this office, and at the
Service's Southeast Regional Office, suite 1282, 75 Spring Street, SW.,
Atlanta, Georgia 30303.
FOR FURTHER INFORMATION CONTACT: Ms. Susan Silander at the Caribbean
Field Office address (809/851-7297) or Mr. Dave Flemming at the Atlanta
Regional Office address (404/331-3580).
SUPPLEMENTARY INFORMATION:
Background
Mitracarpus maxwelliae was discovered on March 8, 1925, by
Nathaniel L. Britton on a limestone hill in the municipality of
Guanica, Puerto Rico. The site was later rediscovered by Alain Liogier
in 1982 and again by George R. Proctor and Miguel Canals in 1987. The
species has never been found at any other location but the type
locality. At this locality, it is found along an unpaved road, growing
on dry exposed gravel. Approximately 1,443 plants, including mature
flowering individuals and seedlings, were counted within an area of
about 7,500 square meters (Proctor 1991a).
Mitracarpus maxwelliae is a low, densely-branching, moundlike shrub
that may reach approximately 20 centimeters in height. The somewhat
woody branches are striate and sharply 4-angled. The leaves are
opposite, sessile, linear or linear-lanceolate, densely scabrous, and
from 1 to 3 centimeters long and 2 to 5 millimeters wide. The flower
heads are terminal, dense, sub-globose, and from .8 to 1.3 centimeters
in diameter. The corolla is white, narrowly funnelform, minutely
glandular-papillose, 5 to 6 millimeters long. The capsule is about 1.5
millimeter in diameter, opening by a transverse circular split at about
the middle. The seeds are ellipsoid, brownish-black, and 1.2
millimeters long and .8 millimeter wide.
Mitracarpus polycladus was first discovered growing on coastal
rocks near Cana Gorda, Guanica, Puerto Rico, in 1886 by Paul Sintenis.
It was also located on the island of Saba in the lesser Antilles by the
Dutch botanist Boldingh. Today it is still known only from these two
locations, where it grows in crevices and soil pockets of coastal rocks
in arid areas. Exact numbers of individuals have been difficult to
estimate due to extreme drought conditions in recent years (Proctor
1991b).
Mitracarpus polycladus is a suffrutescent perennial. It is branched
near the base, and the erect or spreading stems may reach up to 45
centimeters in height. The branches are 4-angled and glabrous. Leaves
are opposite, linear to linear-lanceolate, 2 to 4.5 centimeters long,
.3 to .5 centimeters wide, glabrous and often with an inrolled margin
and decurrent base. The inflorescence is terminal and capitate, 8 to 13
millimeters in diameter, many flowered and subtended by 3 bract-like
leaves. The corolla is white, about 5 millimeters long, with ovate
leaves. The seed capsule is 1.5 millimeter in diameter, splitting open
transversely below the middle, and contains black seeds.
Eugenia woodburyana, a small evergreen tree, is endemic to Puerto
Rico and currently known from only the Sierra Bermeja in the
municipalities of Cabo Rojo and Lajas and from the Guanica Commonwealth
Forest in Guanica, all in southwestern Puerto Rico. An additional
individual has been reported from the Cabo Rojo National Wildlife
Refuge, in Cabo Rojo, adjacent to the Sierra Bermeja. Approximately 45
individuals are known from these three locations. The species was only
recently discovered and described by Alain Liogier (Liogier 1980).
Eugenia woodburyana may reach 6 meters in height. The leaves are
opposite, obovate, pilose on both sides, glandular-punctate below, and
from 1.5 to 2 centimeters long and 1 to 1.5 centimeters wide. The
inflorescence is axillary, 2 to 5 flowered and with a peduncle 1 to 3
millimeters long. The calyx is 4-lobed and the petals are white, 4
millimeters long and 3.5 millimeters wide. The striking fruit is red
upon maturity, 8-winged and 2 centimeters in diameter.
Mitracarpus maxwelliae and M. polycladus were recommended for
Federal listing in a report prepared by the Smithsonian Institution as
directed by section 12 of the Endangered Species Act of 1973. The
report was presented to Congress in 1975 as House Document No. 94-51.
The species were subsequently included among the plants being
considered as endangered or threatened by the Service, as published in
the Federal Register notice of review dated December 15, 1980 (45 FR
82480); the November 28, 1983 update (48 FR 53680), the revised notice
of September 27, 1985 (50 FR 39526), and the February 21, 1990 (55 FR
6184) notice of review. In the February 21, 1990, notice, M. maxwelliae
was designated as a category 1 species (a species for which the Service
has substantial information supporting the appropriateness of proposing
to list them as endangered or threatened) and M. polycladus as a
category 2 species (a taxon for which there is evidence of
vulnerability, but for which there was not enough data to support
listing). Eugenia woodburyana was included as a category 2 candidate
for listing in the September 30,1993, plant notice of review. It has
been included in the Center for Plant Conservation's Report on Rare
Plants in Puerto Rico (Center for Plant Conservation 1992) as a taxon
that may become extinct within the next 10 years. All three species are
considered to be critical plants by the Natural Heritage Program of the
Puerto Rico Department of Natural Resources (Department of Natural
Resources 1993).
Based on status survey reports completed in 1991, and in
conjunction with other recent field work, the Service recently
reclassified Mitracarpus polycladus and Eugenia woodburyana as category
1 candidates.
Section 4(b)(3)(B) of the Act, as amended in 1982, requires the
Secretary to make findings on certain pending petitions within 12
months of their receipt. Section 2(b)(1) of the 1982 Amendments further
requires that all petitions pending on October 13, 1982, be treated as
having been newly submitted on that date. This was the case for
Mitracarpus maxwelliae and M. polycladus, because the Service had
accepted the 1975 Smithsonian report as a petition. In each October
from 1983 through 1992, the Service has found that the petitioned
listing of these species was warranted but precluded by other listing
actions of a higher priority, and that additional data on vulnerability
and threats were still being gathered. This proposed rule constitutes
the final 1-year finding for these two species in accordance with
section 4(b)(3)(B)(ii) of the Act.
Summary of Factors Affecting the Species
Section 4(a)(1) of the Endangered Species Act (16 U.S.C. 1531 et
seq.) and regulations (50 CFR part 424) promulgated to implement the
listing provisions of the Act set forth the procedures for adding
species to the Federal lists. 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
Mitracarpus maxwelliae Britton & Wilson, M. polycladus Urban and
Eugenia woodburyana Alain are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
In the Sierra Bermeja, Eugenia woodburyana is found on privately
owned land subject to intense pressure for agricultural, rural and
tourist development. The land is currently being cleared for grazing by
cattle and goats. Adjacent land is being subdivided for sale in small
farms, some destined for tourist and urban development. All three
species are also found within the Guanica Commonwealth Forest; however,
Mitracarpus maxwelliae and M. polycladus are found along infrequently
used roadways where they may be adversely impacted in the future. Any
road improvement, widening, or increase in traffic along these roads
would result in the loss of a significant portion of the only known
populations. The sites of these two species are near preferred
recreational areas, heavily utilized during the summer months.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Taking for these purposes has not been a documented factor in the
decline of these species.
C. Disease or Predation
Disease and predation have not been documented as factors in the
decline of these species.
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, Mitracarpus maxwelliae, Mitracarpus polycladus and
Eugenia woodburyana are not yet on the Commonwealth list. Federal
listing would provide immediate protection and, if the species are
ultimately placed on the Commonwealth list, enhance their protection
and 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 these species is their limited distribution. Because so few
individuals are known to occur in a limited area, the risk of
extinction is extremely high. Wildfires are a frequent occurrence in
this extremely dry portion of southwestern Puerto Rico, particularly in
the coastal roadside areas of Guanica where Mitracarpus maxwelliae and
Mitracarpus polycladus are found.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by these species in determining to propose this
rule. Based on this evaluation, the preferred action is to list
Mitracarpus maxwelliae, M. polycladus and Eugenia woodburyana as
endangered. M. maxwelliae and M. polycladus are known from only one
location in the Guanica area of southwestern Puerto Rico. In this area
they are threatened by road construction, recreational activities and
wildfires. E. woodburyana is known from only approximately 45
individuals at three locations in southwestern Puerto Rico.
Deforestation for rural, agricultural, and tourist 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
Section 4(a)(3) of the Act, as amended, requires that, to the
maximum extent prudent and determinable, the Secretary propose critical
habitat at the time the species is proposed to be endangered or
threatened. Title 50, part 424 of the Code of Federal Regulations,
Sec. 424.12(1) states that designation of critical habitat is not
prudent when one or both of the following situations exist: (i) The
species is threatened by taking or other human activity, and
identification of critical habitat can be expected to increase the
degree of such threat to the species, or (ii) Such designation of
critical habitat would not be beneficial to the species. Both
situations apply to Mitracarpus maxwelliae, Mitracarpus polycladus and
Eugenia woodburyana.
Critical habitat would not be beneficial in terms of adding
additional protection for the species under section 7 of the Act.
Regulations promulgated for the implementation of section 7 provide for
both a ``jeopardy'' standard and a ``destruction or adverse
modification'' of critical habitat standard. Because of the highly
limited distribution of these species and their precarious status, any
Federal action that would destroy or have any significant adverse
affect on their habitat would likely result in a jeopardy biological
opinion under section 7. Under these conditions, no additional benefits
would accrue from designation of critical habitat that would not be
available through listing alone.
The Service also finds that designation of critical habitat is not
prudent for these species due to the potential for taking. The number
of individuals of Mitracarpus maxwelliae, Mitracarpus polycladus and
Eugenia woodburyana is sufficiently small that vandalism and collection
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. These species are not
protected by Commonwealth law and, since they do not occur on Federal
lands, would receive no protection from taking under the Endangered
Species Act. 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.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Endangered Species 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 Endangered Species 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)(4) requires Federal agencies to confer
informally with the Service on any action that is likely to jeopardize
the continued existence of a proposed species or result in destruction
or adverse modification of proposed critical habitat. If a species is
subsequently listed, 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.
The only currently known Federal involvement is through the
occurrence of Eugenia woodburyana on the Cabo Rojo National Wildlife
Refuge. Other Federal involvement may occur in the future through the
funding of housing (Farmer's Home Administration or Housing and Urban
Development) or funding utilized for the management of the Guanica
Commonwealth Forest (U.S. Department of Agriculture, Forest Service).
The Act and its implementing regulations found at 50 CFR 17.61,
17.62, and 17.63 set forth a series of general prohibitions and
exceptions that apply to all endangered plants. All trade 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 it from areas under Federal jurisdiction
and reduce it to possession. In addition, for endangered plants, the
1988 amendments (Pub. L. 100-478) to the Act prohibit the malicious
damage or destruction on Federal lands 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 anticipated that
few trade permits for these three species will ever be sought or
issued, since the species are not known to be in cultivation and are
uncommon in the wild. Requests for copies of the regulations on listed
plants and inquiries regarding them may be addressed to the Office of
Management Authority, U.S. Fish and Wildlife Service, 4401 N. Fairfax
Drive, room 432, Arlington, Virginia 22203 (703/358-2104).
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
any comments or suggestions from the public, other concerned
governmental agencies, the scientific community, industry, or any other
interested party concerning any aspect of this proposed rule are hereby
solicited. Comments particularly are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to Mitracarpus maxwelliae, Mitracarpus
polycladus and Eugenia woodburyana;
(2) The location of any additional populations of these three
species, and the reasons why any habitat should or should not be
determined to be critical habitat as provided by section 4 of the Act;
(3) Additional information concerning the range and distribution of
these species; and
(4) Current or planned activities in the subject areas and their
possible impacts on these three species.
Final promulgation of the regulation on Mitracarpus maxwelliae,
Mitracarpus polycladus and Eugenia woodburyana will take into
consideration the comments and any additional information received by
the Service, and such communications may lead to the adoption of a
final regulation that differs from this proposal.
The Endangered Species Act provides for a public hearing on this
proposal, if requested. Requests must be filed within 45 days of the
proposal. Such requests must be made in writing and addressed to the
Field Supervisor, Caribbean Field Office, U.S. Fish and Wildlife
Service, P.O. Box 491, Boqueron, Puerto Rico 00622.
National Environmental Policy Act
The Fish and Wildlife Service has determined that an Environmental
Assessment, 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 FR 49244).
References Cited
Center for Plant Conservation. 1992. Report on the rare plants of
Puerto Rico. Missouri Botanical Garden, St. Louis, Missouri.
Department of Natural Resources. 1993. Natural Heritage Program
status information on Mitracarpus maxwelliae, Mitracarpus polycladus
and Eugenia woodburyana. San Juan, Puerto Rico.
Liogier, Alain H. 1980. Novitates Antillanae. VIII. Phytologia
47(3):167-198.
Proctor, G. R. 1991a. Status report on Mitracarpus maxwelliae
Britton & Wilson. In Publicacion Cientifica Miscelanea No. 2,
Departamento de Recursos Naturales de Puerto Rico. 196 pp.
Proctor, G. R. 1991b. Status report on Mitracarpus polycladus Urban.
In Publicacion Cientifica Miscelanea No. 2, Departamento de Recursos
Naturales de Puerto Rico. 196 pp.
Author
The primary author of this proposed rule is Ms. Susan Silander,
Caribbean 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, Transportation.
Proposed Regulation Promulgation
Accordingly, the Service hereby proposes to amend part 17,
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
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. Sec. 17.12(h) is amended by adding the following, in
alphabetical order, under Myrtaceae and Rubiaceae, 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 Status When listed Critical Special rules
Scientific name Common name habitat
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* * * * * * *
Myrtaceae--Myrtl
e family:
Eugenia None............ U.S.A. (PR)..... E .............. NA NA
woodburyana.
* * * * * * *
Rubiaceae--Coffe
e family:
* * * * * * *
Mitracarpus None............ U.S.A. (PR)..... E .............. NA NA
maxwelliae.
Mitracarpus None............ U.S.A. (PR)..... E .............. NA NA
polycladus.
* * * * * * *
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Dated: November 22, 1993.
Richard N. Smith,
Acting Deputy Director, Fish and Wildlife Service.
[FR Doc. 93-32053 Filed 12-30-93; 8:45 am]
BILLING CODE 4310-55-P
