[Federal Register Volume 59, Number 34 (Friday, February 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3791]
[[Page Unknown]]
[Federal Register: February 18, 1994]
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DEPARTMENT OF THE INTERIOR
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50 CFR Part 17
RIN 1018-AC28
Endangered and Threatened Wildlife and Plants; Proposed
Threatened Status for Gesneria Pauciflora
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Service proposes to determine Gesneria pauciflora (no
common name) to be a threatened species pursuant to the Endangered
Species Act (Act) of 1973, as amended. This small shrub is endemic to
Puerto Rico, where only two populations are known to exist in the
western mountains in the municipalities of Maricao and Sabana Grande.
The species is threatened by the potential for natural disasters and
modification of its highly restricted habitat. This proposal, if made
final, would extend the Act's protection and recovery provisions to
Gesneria pauciflora.
DATES: Comments from all interested parties must be received by April
19, 1994. Public hearing requests must be received by April 4, 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).
SUPPLEMENTARY INFORMATION:
Background
Gesneria pauciflora is a small shrub currently known from only two
populations in the western mountains of Puerto Rico. It was discovered
by the German botanical collector Paul Sintenis on December 3, 1884, at
``Indiera Fria'' in Maricao, Puerto Rico. Numerous other botanists
collected the plant from this same location throughout the years. A
second population was discovered recently in the municipality of Sabana
Grande, near the headwaters of the Seco River. Population estimates are
difficult due to the plant's habit of growing in dense mats; however,
the largest population has been estimated at approximately 1,000
individuals and the second at 50 (Proctor 1991; CPC 1992).
Gesneria pauciflora is a small gregarious shrub that may reach 30
centimeters in height with stems 8 millimeters in diameter. Stems may
be erect or decumbent and the bark is smooth, gray-brown, and glabrous.
The leaves are alternate, and the terete or flattened petioles are from
2 to 7 millimeters long. Leaf blades are shaped like a narrow trowel,
2.8 to 9.2 centimeters long and .9 to 2.3 centimeters wide, membranous,
dark green and glossy above, and pilose along the prominent veins. The
margin is subentire toward the cuneate base and serrate to sublobate
above. The inflorescences are one to few-flowered and the peduncles
from 6.1 to 15.3 centimeters long and slightly curved. The pedicels are
1 to 2 centimeters long, reddish-brown, and pilose to glabrescent. The
corolla is tubular, curved, 2 to 2.3 centimeters long, 4 millimeters
wide at the base, narrowing to 3 millimeters but widening to 5
millimeters at the middle and again narrowing to 4 millimeters at the
mouth. The 5-lobed corolla is yellow to yellow-orange and densely
pilose outside but glabrous inside. The fruit is a capsule,
approximately 4 millimeters long and wide, gray-brown, glabrescent,
with 5 to 10 not prominent ridges (Proctor 1991).
At both known localities the species is found growing in rocky
stream beds on wet serpentine rock, where water is constantly seeping.
Both localities are found within the Maricao Commonwealth Forest,
managed by the Puerto Rico Department of Natural Resources. The largest
population is located in an area of steep unstable slopes and may be
threatened by landslides and flood damage. Forest management practices
such as trail construction may adversely affect the species. The Center
for Plant Conservation (1992) assigned Gesneria pauciflora a priority 1
ranking, indicating that the plant possibly could go extinct in the
wild within the next 5 years.
Gesneria pauciflora was recommended for Federal listing by the
Smithsonian Institution (Ayensu and DeFilipps 1978). The species was
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) and September 30, 1993 (58 FR 51144)
notices of review. The species was designated as a category 1 species
(species for which the Service has substantial information supporting
the appropriateness of proposing to list them as endangered or
threatened) in the notices of review published on February 21, 1990,
and September 30, 1993.
In a notice published in the Federal Register on February 15, 1983
(48 FR 6752), the Service reported the earlier acceptance of the new
taxa in the Smithsonian's 1978 book as under petition within the
context of section 4(b)(3)(A) of the Act, as amended in 1982. Beginning
in October 1983, and in each October thereafter, the Service found that
listing Gesneria pauciflora was warranted but precluded by other
pending 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 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
Gesneria pauciflora Urban are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Gesneria pauciflora is known from
only two locations in western Puerto Rico. Although both populations
are found within the Maricao Commonwealth Forest, a management plan for
the Forest has not been prepared. Activities within the Forest may
increase the potential for erosion of the steep unstable slopes where
the species occurs. Management practices such as trail construction may
directly affect the species.
B. Overutilization for Commercial, recreational, scientific, or
educational purposes. Although an attractive plant, 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 for certain Commonwealth listed species. However, Gesneria
pauciflora is not yet on the Commonwealth list. Federal listing would
provide immediate protection and, if the species is ultimately placed
on the Commonwealth list, enhance its 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
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. Landslides, floods and storm damage are natural
occurrences which may affect these steep, unstable slopes.
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 propose this
rule. Based on this evaluation, the preferred action is to list
Gesneria pauciflora as threatened. Two populations are currently known,
the largest one of which may contain as many as 1,000 individuals; both
occur on land managed by the Commonwealth. Although extremely limited
in distribution, the species does not appear to be in imminent danger
of becoming extinct. Therefore, threatened rather than endangered
status seems an accurate assessment of the species' condition. The
reasons for not proposing critical habitat for this 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. The Service's 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: (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.
The Service finds that designation of critical habitat is not
prudent for this species due to the potential for taking and vandalism.
The number of individuals of Gesneria pauciflora is so 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. 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 this species' habitat. Protection
of this 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, required 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. No
critical habitat is being proposed for Gesneria pauciflora, as
discussed above. Federal involvement may occur through the use of
federal funds (U.S. Department of Agriculture) for forest management
practices.
The Act and its implementing regulations found at 50 CFR 17.71 and
17.72 set forth a series of general prohibitions and exceptions that
apply to all threatened plants. All trade prohibitions of section
9(a)(2) of the Act, implemented by 50 CFR 17.71, apply. These
prohibitions, in part, make it illegal for any person subject to the
jurisdiction of the United States to import or export any threatened
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. Seeds from cultivated specimens of
threatened plant species are exempt from these prohibitions provided
that a statement of ``cultivated origin'' appears on their containers.
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. The 1988
amendments do not reflect this protection for threatened plants,
although section 4(d) of the Act allows for the provision of such
protection to threatened species through regulations. Certain
exceptions can apply to agents of the Service and Commonwealth
conservation agencies.
The Act and 50 CFR 17.72 also provide for the issuance of permits
to carry out otherwise prohibited activities involving threatened
species under certain circumstances. It is anticipated that few trade
permits for Gesneria pauciflora will ever be sought or issued, since
the species is not known to be in cultivation and is uncommon in the
wild. Requests for copies of the regulations on listed plants and
inquiries regarding prohibitions and permits 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 Gesneria pauciflora;
(2) The location of any additional populations of Gesneria
pauciflora, 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 of Gesneria pauciflora.
Final promulgation of the regulation of Gesneria pauciflora will
take into consideration the comments and any additional information
received by the Service, and such communications may lead to 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
Ayensu, E.S., and R.A. DeFilipps. 1978. Endangered and threatened
plants of the United States. Smithsonian Institution and World
Wildlife Fund, Washington, D.C. xv + 403 pp.
Center for Plant Conservation. 1992. Report on the Rare Plants of
Puerto Rico. Center for Plant Conservation, Missouri Botanical
Garden, St. Louis, Missouri.
Proctor, G.R. 1991. Status report on Gesneria pauciflora Urban. In
Puerto Rican Plant Species of Special Concern: Status and
Recommendations. Publicacion Cientifica Miscelanea No. 2, Department
of Natural Resources, San Juan, Puerto Rico.
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, and 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. Section 17.12(h) is amended by adding the following, in
alphabetical order under ``Gesneriaceae--Gesneria family,'' 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
Scientific name Common name habitat rules
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* * * * * * *
Gesneriaceae--Gesne
ria family:
* * * * * * *
Gesneria None.............. U.S.A. (PR)....... T ........... NA NA
pauciflora.
* * * * * * *
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Date: February 10, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-3791 Filed 2-17-94; 8:45 am]
BILLING CODE 4310-55-P
