[Federal Register Volume 64, Number 51 (Wednesday, March 17, 1999)]
[Rules and Regulations]
[Pages 13116-13120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6444]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AE48
Endangered and Threatened Wildlife and Plants; Determination of
Endangered Status for Catesbaea Melanocarpa
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service, determine Catesbaea
melanocarpa (no common name) to be an endangered species under the
Endangered Species Act of 1973, as amended (Act). Catesbaea melanocarpa
is known from Puerto Rico, St. Croix in the U.S. Virgin Islands,
Barbuda, Antigua, and Guadeloupe. In Puerto Rico, it is currently known
from only one location in Cabo Rojo; in the U.S. Virgin Islands, it is
known from one location near Christiansted, St. Croix. Both populations
are located on privately-owned land subject to intense pressure for
development for residential, tourist, and industrial purposes. This
final rule implements the Federal protection and recovery provisions
afforded by the Act for C. melanocarpa.
EFFECTIVE DATE: April 16, 1999.
ADDRESSES: The complete file for this rule is available for inspection,
by appointment, during normal business
[[Page 13117]]
hours, at the U.S. Fish and Wildlife Service, Boqueron Field Office,
P.O. Box 491, Boqueron, Puerto Rico 00622.
FOR FURTHER INFORMATION CONTACT: Ms. Susan Silander, Botanist, at the
above address (telephone 787/851-7297; facsimile 787/851-7440).
SUPPLEMENTARY INFORMATION:
Background
The German collector Hienrich Rudolph Wullschlaegel first
discovered Catesbaea melanocarpa (no common name) in the mid-nineteenth
century on the British island of Antigua. In about 1881, the Danish
collector Baron H. F. A. von Eggers found C. melanocarpa in St. Croix,
U.S. Virgin Islands, and in 1886, the German collector Paul Sintenis
found it in Guanica, Puerto Rico. Although other herbariums maintain
duplicate specimens, bombing during World War II destroyed the original
collections in the herbarium at Berlin-Dahlem, Germany.
Howard (1989) and Proctor (1991) reported the species from Barbuda
and Guadeloupe, islands of the Lesser Antilles. Little is known about
its status on these islands; the Center for Plant Conservation (1992)
describes C. melanocarpa as rare on Antigua. It was not rediscovered in
St. Croix until 1988 and, to date, it has not been relocated in the
Gunica, Puerto Rico, area. The St. Croix population, located near
Christiansted, consists of about 24 individual plants (Breckon and
Kolterman 1993). In 1995, a single plant was located in Cabo Rojo,
Puerto Rico (Puerto Rico Planning Board 1995). One specimen, collected
in 1974, located in the herbarium in San Juan, apparently originated
from the Susua Commonwealth Forest. However, this specimen is sterile
and poorly developed; therefore, its identification cannot be
confirmed.
Catesbaea melanocarpa, of the family Rubiaceae, belongs to a genus
that consists of ten or more species of spiny shrubs. Most are confined
to the Antilles, but some may extend into the Bahamas and the Florida
Keys. In Puerto Rico, two species are known--C. melanocarpa and C.
parviflora. These two species are differentiated by the size and color
of the fruits; black and larger, 5 to 6 millimeters (mm) (.19 to .23
inches (in)) in diameter, in the former, and white and smaller, 2 to 4
mm (.07 to .15 in) in diameter in the latter (Breckon and Kolterman
1993, Britton and Wilson 1925). Some authors note that C. melanocarpa
may be a synonym or variant of C. parviflora (Howard 1989, Proctor
1991) and recommend further review. However, Breckon and Kolterman
(1993) and the Center for Plant Conservation (1992) recommend its
protection due to the extremely small number of individuals currently
known, the intense pressure for development in these areas, and the
potential for an appreciable loss of the species' genetic diversity.
Catesbaea melanocarpa is a branching shrub that may reach
approximately 3 meters (9.8 feet) in height. Spines, 1 to 2 centimeters
(.39 to .78 in) long, occur on the stems between the leaves. Leaves are
small, from 5 to 25 mm (.19 to 1.0 in) long and 2 to 15 mm (.07 to .58
in) wide, often in clusters, and the small stipules (appendages at the
base of the leaf stalk) are deciduous (shed seasonally). The flowers
are white, solitary or paired, and almost sessile (attached directly at
the base) in the axils. The corolla (petals) is funnelform and from 8
to 10 mm (.31 to .39 in) long. The fruit is globe-shaped, 5 to 6 mm
(.19 to .23 in) in diameter, and black with a brittle fruit wall. The
2-celled fruit contains five to seven seeds in each cell (Proctor
1991).
Previous Federal Action
We had identified Catesbaea melanocarpa as a Category 2 species in
notices of review published in the Federal Register on February 21,
1990 (55 FR 6184), and September 30, 1993 (58 FR 51144). Prior to 1996,
a Category 2 species was one that we were considering for possible
addition to the Federal List of Endangered and Threatened Plants, but
for which conclusive data on biological vulnerability and threat were
not available to support a proposed rule. We discontinued designation
of Category 2 species in the February 28, 1996, Notice of Review (61 FR
7596). We approved Catesbaea melanocarpa as a candidate species on
September 6, 1995, and identified as such in the 1996 Notice of Review.
A candidate species is now defined as a species for which we have on
file sufficient information to propose it for protection under the Act.
This small shrub 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). On December 16,
1997, we published a proposed rule to list Catesbaea melanocarpa (62 FR
65783).
On May 8, 1998, we published Listing Priority Guidance for Fiscal
Years 1998 and 1999 (63 FR 25502). The guidance clarifies the order in
which we will process rulemakings, giving highest priority (Tier 1) to
processing emergency rules to add species to the Lists of Endangered
and Threatened Wildlife and Plants (Lists); second priority (Tier 2) to
processing final determinations on proposals to add species to the
Lists, processing new proposals to add species to the Lists, processing
administrative findings on petitions (to add species to the Lists,
delist species, or reclassify listed species), and processing a limited
number of proposed or final rules to delist or reclassify species; and
third priority (Tier 3) to processing proposed or final rules
designating critical habitat. Processing of this final rule is a Tier 2
action.
Summary of Comments and Recommendations
In the December 16, 1997, proposed rule and associated reports of
information that might contribute to the development of a final rule.
We contacted appropriate agencies of the Commonwealth of Puerto Rico
and the Territory of the Virgin Islands, Federal agencies, scientific
organizations and other interested parties and requested their
comments. We published a newspaper notice inviting public comment in El
Nuevo Dia on January 27, 1998, and in The Daily News of the Virgin
Islands on January 31, 1998. We 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. We did not receive any comments from these experts. We
received two letters of comment, neither of which opposed the listing.
The Puerto Rican Planning Board did not have comments on the listing,
but stated that they would use the information in the evaluation of
projects that might affect the species. The U.S. Department of Housing
and Urban Development did not have comments concerning the listing. A
public hearing was neither requested nor held.
Summary of Factors Affecting the Species
After a thorough review and consideration of all information
available, we have determined that Catesbaea melanocarpa should be
classified as an endangered species. We followed procedures found at
Section 4(a)(1) of the Act and regulations implementing the listing
provisions of the Act (50 CFR part 424). We may determine a species to
be endangered or
[[Page 13118]]
threatened due to one or more of the five factors described in section
4(a)(1). These factors and their application to Catesbaea melanocarpa
Krug and Urban are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
Catesbaea melanocarpa is known only from Puerto Rico, St. Croix,
Barbuda, Antigua, and Guadeloupe. Available information indicates that
it is rare on Antigua (Center for Plant Conservation 1992). In Puerto
Rico, only a single plant is known to exist. This plant is located on
privately owned land, in Cabo Rojo, currently proposed for a
residential/tourist development, consisting of a hotel, condo-hotel,
residential villas and lots, a golf course, and other associated
facilities. In St. Croix, only one population consisting of about 24
plants is known to exist. This population is located on privately-owned
land near Christiansted and is subject to pressure for development.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
We have not received information documenting that the use of the
species for such purposes is a factor in its decline. Although
overcollection has not been documented, the extremely small population
size and limited range make this species vulnerable to overcollection
(see ``CRITICAL HABITAT'' below).
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's regulations recognize and provide
protection for certain Commonwealth listed species. However, Catesbaea
melanocarpa is not yet on the Commonwealth list and therefore receives
no special protection. Federal listing will provide immediate
protection under the Act and, by virtue of an existing section 6
cooperative agreement with the Commonwealth, it will also ensure the
addition of this species to the Commonwealth list and enhance
possibilities for funding needed research. The Territory of the U.S.
Virgin Islands has amended an existing regulation to provide for
protection of endangered and threatened wildlife and plants. The U.S.
Virgin Islands consider Catesbaea melanocarpa to be endangered (see
``Available Conservation Measures'' for discussion of prohibitions). As
with the Commonwealth, the existence of a section 6 cooperative
agreement with the Service will increase possibilities for funding
needed research with this plant.
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 limited areas, the risk of extinction is
extremely high. Catastrophic natural events, such as hurricanes, may
dramatically affect forest species composition and structure, felling
large trees and creating numerous canopy gaps. Breckon and Kolterman
(1993) documented the loss of individuals in St. Croix following the
passing of hurricane Hugo in 1989. In addition, the limited gene pool
may depress reproductive vigor.
We have 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 Catesbaea melanocarpa
as endangered. Within the United States, the species occurs in only one
locality in Puerto Rico and one in St. Croix, U.S. Virgin Islands.
Deforestation for residential and tourist development are imminent
threats to the survival of the species. Because this species is in
danger of extinction throughout all or significant portion of its
range, it meets the definition of endangered under the Act. We discuss
the reasons for not designating critical habitat for this species in
the ``Critical Habitat'' section below.
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 (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, we designate critical habitat at the time the species
is determined to be endangered or threatened. Our 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. We find that
designation of critical habitat for Catesbaea melanocarpa is not
prudent because such designation would not be beneficial to the species
and may increase the threats to the species.
Critical habitat designation, by definition, directly affects only
Federal agency actions through consultation under section 7(a)(2) of
the Act. 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 a listed species or destroy or
adversely modify its critical habitat. Neither of the two known
populations of Catesbaea melanocarpa occur on Federal land. However,
Federal involvement with this species may occur through the use of
Federal funding for rural housing and development on non-Federal lands.
The use of such funding for projects affecting occupied habitat for
this species would be subject to review under section 7(a)(2), whether
or not critical habitat was designated. The precarious status of C.
melanocarpa is such that any adverse modification or destruction of its
occupied habitat would also jeopardize its continued existence. This
would also hold true as the species recovers and its numbers increase.
In addition, we believe that notification of Federal agencies of the
areas where these plants occur can be accomplished without the
designation of critical habitat. All involved parties and landowners
have been notified of the location and importance of protecting this
species' habitat. For these reasons, we believe that designation of
currently occupied habitat of this species as critical habitat would
not result in any additional benefit to the species and that such
designation is not prudent.
Potential introduction sites within unoccupied lands occur on lands
under Federal management (Cabo Rojo, Laguna Cartagena, and Sandy Point
National Wildlife Refuges) and Commonwealth management (Guanica
Commonwealth Forest). As managers of these
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subtropical dry forest lands, the Service and the Puerto Rico
Department of Natural and Environmental Resources are actively involved
in conservation activities. Both agencies are committed to the
protection of these forested areas and would minimize or avoid any
impacts to such habitat. Any introduction would be closely coordinated
with the area managers. Introduction of this species onto unoccupied
private lands likely would not be pursued because suitable habitat
under private ownership occurs only in very small patches which are
interspersed among developed areas and are too small for development of
viable populations. For these reasons, we believe that designation of
currently unoccupied habitat of this species as critical habitat would
not result in any additional benefit to the species and, therefore,
such designation is not prudent.
To publish precise maps and descriptions of critical habitat in the
Federal Register, as required in a proposal for critical habitat, would
make this plant vulnerable to incidents of collection and vandalism
and, therefore, could contribute to the decline of the species. The
Center for Plant Conservation (1992) described Catesbaea melanocarpa as
a ``handsome little shrub'' with good horticulture potential. The
listing of this species as endangered publicizes its rarity and, thus,
may make this plant more attractive to researchers, collectors, and
those wishing to see rare plants. Additionally, designating critical
habitat would not only provide specific location information to
potential vandals, but the effects of a critical habitat designation on
private property are often misunderstood. This misunderstanding can
create a negative perception of the species' listing and could
contribute to the threat of vandalism or intentional habitat
destruction. Because of its few populations, Catesbaea melanocarpa is
especially susceptible to adverse consequences resulting from the loss
of individuals or habitat damage due to vandalism. We find that the
increased degree of threat from vandalism outweighs any benefits that
might derive from the designation of critical habitat.
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, Territory, and private
agencies, groups and individuals. The Act provides for possible land
acquisition and cooperation with the Commonwealth and/or Territory, and
requires that recovery actions be carried out for all listed species.
We initiate such actions following listing. We discuss the protection
required of Federal agencies and the prohibitions against certain
activities involving listed plants, 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 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 us. We are not designating
critical habitat for this species, as discussed above. Federal
involvement may occur through the use of Federal funding for rural
housing and development (for example, the Rural Development or Housing
and Urban Development).
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 or
Territorial law or regulation, including Commonwealth or Territorial
criminal trespass law. Certain exceptions can apply to agents of the
Service and Commonwealth and 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. Such permits are
available for scientific purposes and to enhance the propagation and
survival of the species. We anticipate that few trade permits for this
species will ever be sought or issued, since the species is neither
common in cultivation nor common in the wild.
It is our policy, 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 populations of Catesbaea melanocarpa
are 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 or Territorial law, or
in knowing violation of Commonwealth or Territorial 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 U.S. Virgin
Islands' regulation states that ``no person may harass, injure or kill,
or attempt to do the same, or sell or offer for sale any specimen, or
parts or produce of such specimen, of an endangered or threatened
species.'' We are 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.
You should direct questions regarding whether specific activities
will constitute a violation of section 9 to the Field Supervisor of the
Service's Boqueron Field Office (see ADDRESSES section). You may
request copies of the regulations on listed species from and address
inquiries regarding prohibitions and permits to the U.S. Fish and
Wildlife Service, Ecological Services, 1875 Century Boulevard, Atlanta,
Georgia 30345-3301 (telephone 404/679-7313).
[[Page 13120]]
National Environmental Policy Act
We have determined that an Environmental Assessment and
Environmental Impact Statement, 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. We published a notice
outlining our reasons for this determination in the Federal Register on
October 25, 1983 (48 FR 49244).
Required Determinations
This rule does not contain any new collections of information other
than those already approved under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq., and assigned Office of Management and Budget
clearance number 1018-0094. For additional information concerning
permit and associated requirements for endangered plants, see 50 CFR
17.62 and 17.63.
References Cited
Breckon, G. and D. Kolterman. 1993. Catesbaea melanocarpa Krug &
Urban [Rubiaceae]. Final Report under Cooperative Agreement No. 14-
16-0004-92-970 between the U.S. Fish and Wildlife Service and the
University of Puerto Rico, Mayaguez Campus.
Britton, N.L. and P. Wilson. 1925. Scientific survey of Porto Rico
and the Virgin Islands. Volume VI--Part 2. Botany of Porto Rico and
the Virgin Islands. Descriptive flora--Spermatophyta (continued).
New York Academy of Sciences, New York. 158 pp.
Center for Plant Conservation. 1992. Report on the Rare Plants of
Puerto Rico. Missouri Botanical Garden, St. Louis, Missouri.
Howard, R.A. 1989. Flora of the Lesser Antilles. Leeward and
Windward Islands. Volume 6. Dicotyledoneae--Part 3. Arnold
Arboretum, Harvard University, Jamaica Plain, Massachusetts. 658 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. 1991. Puerto Rican plant species of special concern.
Status and recommendations. Publicacion Cientifica Miscelanea No. 2.
Departamento de Recursos Naturales de Puerto Rico. San Juan, Puerto
Rico. 197 pp.
Puerto Rico Planning Board. 1995. Draft Environmental Impact
Statement for Monte Carlo Resort and Boqueron Bay Site. San Juan,
Puerto Rico. 88 pp.
Author
The primary author of this final rule is Ms. Susan Silander (see
ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations as follows:
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. Amend Section 17.12(h) by adding the following, in alphabetical
order under FLOWERING PLANTS, to the List of Endangered and Threatened
Plants:
17.12 Endangered and threatened plants.
* * * * *
(h) * * *
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Species
-------------------------------------------------------- Historic range Family Status When Critical Special
Scientific name Common name listed habitat rules
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Flowering Plants
* * * * * * *
Catesbaea melanocarpa None....... U.S.A.(PR, VI), Rubiaceae.......... E.................. 657 NA NA
Antigua, Barbuda,
Guadeloupe.
* * * * * * *
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Dated: March 1, 1999.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 99-6444 Filed 3-16-99; 8:45 am]
BILLING CODE 4310-55-P
