[Federal Register Volume 60, Number 44 (Tuesday, March 7, 1995)]
[Rules and Regulations]
[Pages 12483-12487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5508]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC28
Endangered and Threatened Wildlife and Plants; Determination of
Threatened Status for Gesneria pauciflora
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The Service determines 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 three 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 final rule extends the Act's
protection and recovery provisions to Gesneria pauciflora.
EFFECTIVE DATE: April 6, 1995.
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 [[Page 12484]] 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).
SUPPLEMENTARY INFORMATION:
Background
Gesneria pauciflora is a small shrub currently known from only
three 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 and a third
from a small tributary of the Lajas River. Herbarium specimens indicate
that the species has also been collected in the past from the Yaguez
River and from Cerro Las Mesas (D. Kolterman and G. Breckon, pers.
comm.). Population estimates are difficult due to the plant's habit of
growing in dense mats; however, the largest population (Maricao River)
has been estimated at approximately 1,000 individuals and the second
(Seco River) at 50 (Proctor 1991; CPC 1992). Plants are known to occur
in clusters of few to numerous individuals. Each population consists of
clusters or colonies of individuals. D. Kolterman and G. Breckon (pers.
comm.) have indicated that the population of the Maricao River consists
of 12 colonies; the Seco River of 3; and the Lajas River of 2.
Gesneria pauciflora is a small gregarious shrub which may reach 30
centimeters in height and 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 all known localities the species is found growing in rocky
stream beds on wet serpentine rock, where water is constantly seeping.
The plants may be submerged for a short time during periods of high
water (D. Kolterman and G. Breckon, pers. comm.). The Maricao and Seco
River localities are found within the Maricao Commonwealth Forest,
managed by the Puerto Rico Department of Natural and Environmental
Resources. However, the Lajas River population lies at the edge of the
forested area and it is not certain whether the site falls within
Commonwealth Forest property (D. Kolterman and G. Breckon, pers.
comm.). 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 could
possibly go extinct in the wild within the next 5 years.
Previous Federal Action
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. A proposed rule
to list Gesneria pauciflora, published on February 18, 1994 (59 FR
8165), constituted the final 1-year finding for the species in
accordance with Section 4(b)(3)(B)(ii) of the Act.
Summary of Comments and Recommendations
In the February 18, 1994, 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 comment was published in the ``El Dia'' on March 18,
1994. Four letters of comment were received and discussed below. A
public hearing was neither requested nor held.
The Puerto Rico Department of Natural and Environmental Resources,
both the Terrestrial Ecology Section and the Natural Heritage Program,
supported the listing of the species as threatened.
The Puerto Rico Planning Board stated that although they did not
have any proposed projects before them at this time that might affect
the species, they would circulate the information within the agency in
order that it could be considered upon receipt of projects.
Dr. Duane Kolterman and Dr. Gary Breckon provided additional
information on a recently discovered population along a tributary of
the Lajas River in or near the Maricao Commonwealth Forest as well as
on historical records, biological information and threats. They state
that survival of the colonies is dependent on water flow, water level,
siltation and land slippage and that any major clearing or water
removal upstream or water impoundment downstream may potentially harm
the species. They stated that because of the absence of a management
program in the Commonwealth Forest and the apparent loss of the species
at two historical collection sites, the species should be designated as
endangered rather than threatened. The Service, however, believes that
current threats to the species are not imminent and that a
classification of threatened is more appropriate. [[Page 12485]]
Summary of Factors Affecting the Species
After a thorough review and consideration of all information
available, the Service has determined that Gesneria pauciflora should
be classified as a threatened species. Procedures found at section
4(a)(1) of the Act and regulations implementing the listing provisions
of the Act (50 CFR part 424) 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
Gesneria pauciflora are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Gesneria pauciflora is known from
only three populations in western Puerto Rico. Although at least two of
the 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. Because the plant has not
been found more than 1 meter above or away from the water, any water
removal upstream or water impoundment downstream may adversely affect
this plant (D. Kolterman and G. Breckon, pers. comm.). Due to water
shortages experienced by the whole island, the number of proposed water
intakes has increased, which would result in a lower flow of water.
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 will provide immediate protection and, when 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 magnitude of
threat is extremely high. Landslides, floods and storm damage are
natural occurrences that may affect the steep, unstable slopes
associated with the species' habitat.
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. Three populations are currently
known, the largest one of which may contain as many as 1,000
individuals; however, at least two occur on land managed by the
Commonwealth. Although 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 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, 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 a 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 set forth a series of
general prohibitions and exceptions that apply to all threatened
plants. All 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
[[Page 12486]] are exempt from these prohibitions provided that a
statement of ``cultivated origin'' appears on their containers. 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 law or
regulation, including Commonwealth criminal trespass law. Certain
exceptions apply to agents of the Service and Commonwealth conservation
agencies. Section 4(d) of the Act allows for the provision of such
protection to threatened species through regulation.
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. Such permits are available for
scientific purposes and to enhance the propagation or survival of the
species. For threatened plants, permits also are available for
botanical or horticultural exhibition, educational purposes, or special
purposes consistent with the purposes of the Act.
It is the policy of the Service published in the Federal Register
on July 1, 1994 (59 FR 34272), to identify to the maximum extent
practicable at the time of listing those activities that would or would
not constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of the listing on
proposed or ongoing activities. Two of the three known populations of
Gesneria pauciflora are located in the Maricao Commonwealth Forest. The
third population lies on the border of the Maricao Forest and the
ownership of this site is uncertain. 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 law, or in knowing
violation of Commonwealth 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 Service is 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.
Questions regarding whether specific activities will constitute a
violation of section 9 should be directed to the Field Supervisor of
the Service's Caribbean Office (see ADDRESSES section). Requests for
copies of the regulations on listed species and inquiries regarding
prohibitions and permits may be addressed to the U.S. Fish and Wildlife
Service, Regional Permit Coordinator, 1875 Century Boulevard, Suite
200, Atlanta, Georgia 30345 (404/697-7110).
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 final 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. Section 17.12(h) is amended by adding the following, in
alphabetical order under flowering plants, to the list of Endangered
and Threatened Plants:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
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Species
-------------------------------------------------- Historic range Family name Status When listed Critical Special
Scientific name Common name habitat rules
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Flowering Plants
* * * * * * *
Gesneria pauciflora..... None................... USA (PR)............... Gesneriaceae........... T 578 NA NA
* * * * * * *
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[[Page 12487]] Dated: February 15, 1995.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-5508 Filed 3-6-95; 8:45 am]
BILLING CODE 4310-55-P
