[Federal Register Volume 59, Number 41 (Wednesday, March 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4723]
[[Page Unknown]]
[Federal Register: March 2, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AB75
Endangered and Threatened Wildlife and Plants; Determination of
Endangered Status for the Plant Auerodendron Pauciflorum
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The Service determines Auerodendron pauciflorum (no common
name) to be an endangered species pursuant to the Endangered Species
Act (Act) of 1973, as amended. This evergreen shrub is endemic to
Puerto Rico, where only 10 individuals are known to exist in the
limestone hills of Isabela in the northwestern part of the island. The
primary threat to the species is habitat destruction from development.
This final rule will implement the Act's protection and recovery
provisions for Auerodendron pauciflorum.
EFFECTIVE DATE: April 1, 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, 1875
Century Boulevard, Atlanta, Georgia 30345.
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 (404/679-
7096).
SUPPLEMENTARY INFORMATION:
Background
Auerodendron pauciflorum was first discovered by Mr. Roy Woodbury
in 1976 in the limestone hills of Isabela in northwestern Puerto Rico.
It was later described by Alain Liogier in 1982. This was also the
first record of this genus in Puerto Rico.
Auerodendron pauciflorum is an evergreen shrub or small tree which
may reach up to 5 meters in height. The leaves are opposite or
subopposite, ovate to ovate-elliptic, 6 to 15 centimeters long and 3.5
to 6 centimeters wide, glabrous, and with minute black glandular dots.
Paired ovate-triangular, ciliate stipules, 1.5 millimeters long, are
present at the base of the petiole. The peduncles vary from 5 to 7
millimeters in length. Two to three flowers are borne in the leaf
axils. The calyx tube is broadly campanulate, 2 millimeters long and 3
millimeters wide. The fruit is unknown at the present time (Proctor
1991).
Auerodendron pauciflorum is restricted to the semi-evergreen
forests (subtropical moist forest life zone) of the limestone hills of
Isabela in northwestern Puerto Rico at elevations of less than 100
meters. Only 10 individual plants are known from the edges of these
limestone cliffs (Proctor 1991). Hills in the area were destroyed for
the construction of the existing Highway 2. The area is privately owned
and presently under intense pressure for rural, urban and tourist
development. The construction of a resort development, including 7
hotels, 5 golf courses, 36 tennis courts and 1,300 housing units is
proposed for the area.
Auerodendron pauciflorum was included 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 February 21, 1990 (55 FR 6184) notice of review. A
proposal to list Auerodendron pauciflorum as endangered was published
on March 18, 1993 (58 FR 14541).
Summary of Comments and Recommendations
In the March 18, 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, universities 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 April 4, 1993. Two
letters of comment were received and are discussed below. A public
hearing was neither requested nor held.
The Puerto Rico Department of Natural Resources supported the
listing of Auerodendron pauciflorum as an endangered species. It stated
that the species is only known from one site, the type locality, and is
a member of a genus which consists of only seven species endemic to the
West Indies.
Dr. Duane Kolterman and Dr. Gary Breckon, of the University of
Puerto Rico at Mayaguez, also supported the listing of the species as
endangered. They stated that the species is one of the rarest plants in
Puerto Rico and that an additional threat is the construction of
transmission towers for the cellular telephone industry.
Summary of Factors Affecting the Species
After a thorough review and consideration of all information
available, the Service has determined that Auerodendron pauciflorum
should be classified as an 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
Auerodendron pauciflorum Alain are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
Auerodendron pauciflorum is found on privately owned land currently
subject to intense pressure for rural, urban and tourist development.
Hills in this area were destroyed for the construction of Highway 2. A
large resort complex is currently proposed for the area and many hills
are being utilized for the construction of transmission towers.
Limestone hills are continuously being leveled for the production of
construction material. These factors, as well as random cutting and the
harvesting of yams, have contributed to the decline of the species and
continue to threaten the remaining individuals.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
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, Auerodendron pauciflorum is not yet on the
Commonwealth list. Federal listing provides immediate protection and
enhances 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. The fruit has not been described and seedlings have not
been observed in the field.
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
Auerodendron pauciflorum as endangered. Only 1 population consisting of
10 individuals is known to exist. Deforestation for rural, urban, 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 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 finds that designation of critical habitat is
not prudent for this species at this time. The number of individuals of
Auerodendron pauciflorum 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. 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, 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 a listed 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 Auerodendron pauciflorum, as discussed
above. Federal involvement may occur through the funding of residential
developments by agencies such as the Farmers Home Administration.
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 Auerodendron pauciflorum 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 should 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
Liogier, A. 1982. Auerodendron pauciflorum Alain. Phytologia
50(3):164-166.
Proctor, G.R. 1991. Status report on Auerodendron pauciflorum Alain.
Unpublished status report submitted to the U.S. Fish and Wildlife
Service, Boqueron, Puerto Rico. 8 pp.
Author
The primary author of this 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.
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. Amend Sec. 17.12(h) by adding the following, in alphabetical
order under Rhamnaceae, 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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* * * * * * *
Rhamnaceae--Bucktho
rn family:
Auerodendron None.............. U.S.A. (PR)....... E 531 NA NA
pauciflorum.
* * * * * * *
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Dated: February 15, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-4723 Filed 3-1-94; 8:45 am]
BILLING CODE 4310-55-M
