[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: 94-3792]
[[Page Unknown]]
[Federal Register: February 18, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AB83
Endangered and Threatened Wildlife and Plants; Determination of
Endangered Status for Myrcia Paganii and Calyptranthes Thomasiana
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The Service determines Myrcia paganii (no common name) and
Calyptranthes thomasiana (no common name) to be endangered species
pursuant to the Endangered Species Act (Act) of 1973, as amended.
Myrcia paganii, a small evergreen tree, is endemic to Puerto Rico and
known from only three locations in the limestone hills of the
northwestern part of the island. Calyptranthes thomasiana, an evergreen
shrub or small tree, is only known from one area on the island of
Vieques in Puerto Rico, one area in St. John, U.S. Virgin Islands, and
from Gorda Peak, Virgin Gorda, British Virgin Islands. Modification and
loss of habitat, coupled with low numbers and restricted distribution,
represent the primary threats to these species. This final rule will
provide Myrcia paganii and Calyptranthes thomasiana with the protection
and recovery provisions afforded by the Act for endangered plants.
EFFECTIVE DATE: March 21, 1994.
ADDRESSES: The complete file for this rule is available for inspection,
by appointment, during normal business hours, at the Caribbean Field
Office, U.S. Fish and Wildlife Service, P.O. Box 491, Boqueron, Puerto
Rico 00622; 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 (404/331-3583).
SUPPLEMENTARY INFORMATION:
Background
Myrcia paganii was first collected by Paul Sintenis during the last
part of the nineteenth century. However, the type specimen was
destroyed during World War II and no duplicates are known to exist.
Myrcia paganii was not collected again until Roy Woodbury rediscovered
the species in 1959 in the Biafara-Arrozal area to the south of the
city of Arecibo, located in northern Puerto Rico. Six individuals are
known from this privately owned site (Vivaldi and Woodbury 1981). The
species has been reported more recently from two other locations, one
individual at each, in the Quebradillas area of northwestern Puerto
Rico (Department of Natural Resources 1992).
Myrcia paganii is an evergreen tree which may reach 9 meters (30
feet) in height and 13 centimeters (5 inches) in diameter. The bark is
mottled and flaky and the inner bark is orange-brown. Young twigs are
flattened and have numerous soft brownish hairs. The leaves are
opposite, simple, entire, coriaceous, aromatic, and glandular punctate
below. The leaf blade is elliptic to elliptic-oblong, villous when
young but glabrescent, 10 to 16 centimeters (4 to 6\1/4\ inches) long,
and 4 to 9 centimeters (1\1/2\ to 3\1/2\ inches) wide. The leaf base is
acute, the apex obtuse, and the midvein is clearly impressed above.
Petioles are 4 to 5 millimeters long. The flowers and fruit have not
been described.
Calyptranthes thomasiana was described in 1855 from specimens
collected from St. Thomas, U.S. Virgin Islands. Although collected from
St. Thomas, it has not been reported from the island in recent years.
It was previously thought to be endemic to Puerto Rico and the U.S.
Virgin Islands, but was recently reported from Virgin Gorda, British
Virgin Islands, where it occurs within the National Park (Center for
Plant Conservation 1992; G. Proctor, pers. comm.). It is currently
known from only three locations: Monte Pirata on the island of Vieques
in Puerto Rico; Bordeaux Mountain on the island of St. John, U.S.
Virgin Islands; and Gorda Peak in Virgin Gorda, British Virgin Islands.
Calyptranthes thomasiana is an evergreen shrub or small tree that
may reach 9 meters (30 feet) in height and 13 centimeters (5 inches) in
diameter. Leaves are opposite, obovate to oblong, 2 to 4 centimeters
(\3/4\ to 1\3/4\ inches) long, blunt at the apex, and short pointed at
the base. The leaves are coriaceous, with gland dots, shiny on the
upper surface, and dull on the lower surface. Flowers and fruit have
not been described.
Some 10 to 12 individuals of Calyptranthes thomasiana are known to
occur on Vieques near the summit of Monte Pirata. This site is located
on U.S. Navy property and is in close proximity to naval communications
facilities. It is not known if any individuals were eliminated during
the construction of these facilities (Department of Natural Resources
1992). Currently in effect is a 1983 Memorandum of Understanding that
designates this area as an ecological conservation zone for the
protection of C. thomasiana and other species of concern. This area was
severely affected by Hurricane Hugo in 1989. On St. John as many as 100
mature individuals are known from a small area on Bordeaux Mountain,
which is within the Virgin Islands National Park, National Park
Service, U.S. Department of the Interior (G. Ray, pers. comm., Woodbury
and Weaver 1987). On Virgin Gorda C. thomasiana is found within a
National Park owned by the British Virgin Islands government, but the
species is rare and localized and may be impacted by park management
practices (Center for Plant Conservation 1992; G. Proctor, pers.
comm.).
Myrcia paganii and Calyptranthes thomasiana were recommended for
Federal listing by the Smithsonian Institution (Ayensu and DeFilipps
1978). The species were 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. Both species were designated as 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 notice of review published on February 21, 1990.
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 Myrcia paganii and Calyptranthes thomasiana 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. A proposed rule to list Myrcia paganii and Calyptranthes
thomasiana, published on January 5, 1993 (58 FR 339), constituted the
final 1-year finding in accordance with section 4(b)(3)(B)(ii) of the
Act.
Summary of Comments and Recommendations
In the January 5, 1993, 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 January 25, 1993.
Five letters of comment were received, none of which opposed the
listing. Some additional information supplied by the Department of the
Navy, U.S. Naval Station, Roosevelt Roads, has been incorporated into
this final rule. A public hearing was neither requested nor held.
Summary of Factors Affecting the Species
After a thorough review and consideration of all information
available, the Service has determined that Myrcia paganii and
Calyptranthes thomasiana should be classified as endangered species.
Procedures found at 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 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 Myrcia paganii Krug & Urban and Calyptranthes thomasiana
Berg. are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
Two populations of Myrcia paganii are found on privately owned land
currently subject to intense pressure for agricultural, rural and
tourist development. Adjacent land is being cleared for grazing by
cattle and goats. One individual has been reported from the Guajataca
Commonwealth Forest, where it may be affected by forest management
practices. Although on Vieques Island Calyptranthes thomasiana is found
on U.S. Navy property, near the summit of Monte Pirata, this area has
been severely modified for the construction of Navy facilities. The
area is presently designated by the Navy as an ecological conservation
zone, with C. thomasiana being one of the species of concern. However,
should the need arise to expand the existing facilities, C. thomasiana
could be impacted unless appropriate measures are taken to protect the
species. Known individuals on St. John are found within the National
Park; nevertheless, these may be affected by park management practices
and the presence of feral pigs and donkeys.
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 as well as the U.S. Virgin Islands
have adopted regulations that recognize and provide protection for
certain Commonwealth or Territorial listed species. However, although
Calyptranthes thomasiana is on the U.S. Virgin Island list, Myrcia
paganii and C. thomasiana are not yet on the Commonwealth list. Federal
listing provides immediate protection and enhances 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. Hurricane Hugo in 1989 dramatically
affected the Monte Pirata area of Vieques, 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 these species in determining to make this rule
final. Based on this evaluation, the preferred action is to list Myrcia
paganii and Calyptranthes thomasiana as endangered. M. paganii and C.
thomasiana are each known from only three locations. Deforestation for
rural, agricultural, residential 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.
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. Both situations apply to C. thomasiana and M. paganii.
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
effect 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 C. thomasiana and M. paganii is so small that
vandalism and collection could seriously affect the survival of these
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 these species' habitat.
Protection of these species' habitat will also be addressed through the
recovery process and by utilizing the jeopardy standard under the
section 7 consultation process.
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, Territorial
and private agencies, groups and individuals. The Endangered Species
Act provides for possible land acquisition and cooperation with the
Commonwealth or Territory, 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)(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 these two species, as discussed above.
Federal involvement is anticipated for the population of Calyptranthes
thomasiana located on Monte Pirata in Vieques, U.S. Navy property, and
for the population located in the Virgin Islands National Park in St.
John.
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 State (Commonwealth/Territory) law or regulation,
including criminal trespass law. Certain exceptions can apply to agents
of the Service and Commonwealth or Territorial 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 two 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 prohibitions and permits may be addressed to
the Office of Management Authority, U.S. Fish and Wildlife Service,
4401 N. Fairfax Drive, room 420C, Arlington, Virginia 22203 (703/358-
2104).
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. Missouri Botanical Garden, St. Louis, Missouri.
Department of Natural Resources. 1992. Natural Heritage Program
status information of Myrcia paganii and Calyptranthes thomasiana.
San Juan, Puerto Rico.
Vivaldi, J.L. and R.O. Woodbury. 1981. Status Report on Myrcia
paganii Krug & Urban. Unpublished report submitted to the U.S. Fish
and Wildlife Service, Atlanta, Georgia. 24 pp.
Woodbury, R.O. and P.L. Weaver. 1987. The Vegetation of St. John and
Hassel Island, U.S. Virgin Islands. U.S. Department of the Interior,
National Park Service, Southeast Regional Office, Research/Resources
Management Report SER-83. 103 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.
Regulations 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; Public Law 99-625, 100 Stat. 3500; unless otherwise
noted.
2. Section 17.12(h) is amended by adding a new family,
``Myrtaceae--Myrtle family,'' in alphabetical order 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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* * * * * * *
Myrtaceae--Myrtle
family:
Calyptranthes None.............. U.S.A. (PR,VI), E 529 NA NA
thomasiana . British VI.
Myrcia paganii None.............. U.S.A. (PR)....... E 529 NA NA
* * * * * * *
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Dated: February 10, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-3792 Filed 2-17-94; 8:45 am]
BILLING CODE 4310-55-P
