[Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
[Proposed Rules]
[Pages 50173-50176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24013]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AD47
Endangered and Threatened Wildlife and Plants; Proposed
Endangered Status for Juglans jamaicensis
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Fish and Wildlife Service (Service) proposes to determine
Juglans jamaicensis (nogal or West Indian walnut) to be an endangered
species pursuant to the Endangered Species Act (Act) of 1973, as
amended. Nogal is known from the islands of Hispaniola, Cuba and Puerto
Rico. In Puerto Rico, this large tree is known from only 14 individuals
at one locality in Adjuntas. The area is located near the Monte
Guilarte Commonwealth Forest but is in private ownership and threatened
by land-clearing for agriculture and rural development. This proposal,
if made final, would implement the Federal protection and recovery
provisions afforded by the Act for Juglans jamaicensis.
DATES: Comments from all interested parties must be received by
November 27, 1995. Public hearing requests must be received by November
13, 1995.
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, 1875 Century Boulevard, Atlanta,
Georgia 30345.
FOR FURTHER INFORMATION CONTACT: Ms. Susan Silander at the Caribbean
Field Office address (809/851-7297) or Mr. William C. Hunter at the
Southeast Regional Office address (404/679-7130).
SUPPLEMENTARY INFORMATION:
Background
Juglans jamaicensis (nogal or West Indian walnut) was first
described as J. jamaicensis by DeCandolle from a description and
illustration of leaves, staminate catkin and fruit by Descourtilz which
had been published under the name of Juglans fraxinifolia. DeCandolle
mistakenly believed that the tree Descourtilz had illustrated
originated in Jamaica, when in reality no walnut tree has ever been
located in Jamaica. Synonyms which have been applied to the species
include Juglans fraxinifolia Descourtilz, J. cinerea of Bello, J.
insularis Griseb., J. portoricensis Dode, and J. domingensis (Proctor
1992).
Juglans jamaicensis is known from Cuba, Hispaniola and Puerto Rico
but little information is currently available on its status in the
first two countries (Liogier and Martorell 1982). It has been described
by the Center for Plant Conservation (1992) as ``not common'' and by
Proctor (1992) as becoming increasingly rare on these two islands.
Nogal was first collected from Puerto Rico by Augustin Stahl around
1865. This collection was from an area between Penuelas and Adjuntas at
an elevation of approximately 700 meters (2,297 feet). The species was
subsequently collected by the German botanist Paul Sintenis in 1886
from somewhere near Adjuntas (Saltillo) and again in 1887 near Utuado
(Santa Rosa). An additional collection was made by Bartolome Barcela in
1915 from an area near Adjuntas (Little et al. 1974, Proctor 1992).
Little et al. (1974) stated that the species might possibly be extinct.
Juglans jamaicensis was not reported again until 1974 when it was
rediscovered by Roy O. Woodbury from the upper north slopes (an
elevation of 1070 meters (3,510 feet)) of Cerro La Silla de Calderon,
an area located near the southwest corner of the municipality of
Adjuntas. A survey of these trees was made in 1992 by Salvador Alemany
of the U.S. Forest Service. Fourteen individuals were documented during
this survey, the largest of which was more than 20 meters (66 feet) in
height. The species has been reported from montane forests at
elevations between 700 and 1,000 meters (2,297 and 3,281 feet) (Proctor
1992).
Juglans jamaicensis is a large tree which may reach up to 25 meters
(82 feet) in height. Twigs, buds, and leaf-axes have minute rusty
hairs. The leaves are alternate and compound and consist of 16 to 20
mostly paired, nearly stalkless leaflets. Leaflets are 5.5 to 9
[[Page 50174]]
centimeters (2.2 to 3.5 inches) long and 2.2 to 4 centimeters (0.9 to
1.6 inches) wide, thin and nearly hairless except on the veins beneath.
Leaflets are lanceolate, finely toothed, long-pointed and rounded, and
unequal at the base. Nogal is monoecious; male and female flowers are
borne in different clusters or catkins on the same tree. Staminate or
male flowers are numerous and in drooping catkins, 8.8 to 11
centimeters (3.5 to 4.3 inches) long, borne on the twigs of the
previous year. Pistillate or female flowers are several along an axis
4.4 to 8.8 centimeters (1.7 to 3.5 inches) long, borne at the ends of
the shoots of the season. Individual male flowers are composed of a 6-
lobed calyx and many stamens. Female flowers are about 0.5 centimeters
(0.2 inches) long, composed of a 4-toothed scale opening at one side
and 4 sepals. The fruit, a drupe, is a walnut which is composed of a
blackish husk, a brown rough-ridged hard shell from 1.6 to 2.75
centimeters (0.6 to 1.1 inches) wide and one large oily edible seed
(Little et al. 1974, Proctor 1992).
Juglans jamaicensis may have been more widespread in Puerto Rico in
the past, but much of the forested areas in the central mountain region
were cut for the planting of coffee. The species, possibly never a
common one, may also have been cut for the use of its valuable wood
(Little et al. 1974). Today it is known from only one locality on
privately-owned land where it is threatened by rural development and
agricultural activity.
Previous Federal Action
Juglans jamaicensis was included among the plants being considered
as endangered or threatened by the Service, as published in the Federal
Register notice of review dated February 21, 1990 (55 FR 6184) and
September 31, 1993 (58 FR 51144). The species was designated as a
category 2 candidate species (species for which the Service has
information which indicates that proposing to list the species is
possibly appropriate but for which sufficient data are not currently
available to support listing) but was subsequently reclassified as a
category 1 candidate species (species for which the Service has
substantial information supporting the appropriateness of proposing to
list them as endangered or threatened). Juglans jamaicensis 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). 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 of the Endangered Species Act 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 Juglans jamaicensis C. DC. are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Juglans jamaicensis is known only
from Cuba, Hispaniola and Puerto Rico. Available information indicates
that it is rare on the first two islands (CPC 1992, Proctor 1992). In
Puerto Rico it is known from only one population consisting of 14
individuals on privately-owned land. Surrounding areas are currently
planted in coffee. The expansion of the coffee plantation threatens
these trees, particularly because the tendency to plant ``sun coffee''
is increasing and in such plantations all shade trees are eliminated.
Located in a rural area, development for housing may threaten the
species as well.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. The wood of the species is reported to be good
quality and highly prized and indeed it is reported to have been cut in
the past for such purposes (Little et al. 1974).
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, Juglans jamaicensis is not yet on the Commonwealth list.
Federal listing would provide immediate protection and, if this species
is ultimately placed on the Commonwealth list, enhance its protection
and the likelihood 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. Catastrophic natural events, similar to
the passing of Hurricane Hugo in 1989, may dramatically affect forest
species composition and structure, 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 this species in determining to propose this
rule. Based on this evaluation, the preferred action is to list Juglans
jamaicensis as endangered. The species is known from only one locality
in Puerto Rico. Deforestation for rural and agricultural 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 in the ``Critical
Habitat'' section of this rule.
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, the Secretary designate critical habitat at the time
the species is determined to be endangered or threatened. The Service
finds that designation of critical habitat is not prudent for Juglans
jamaicensis. Service 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.
The number of individuals of Juglans jamaicensis is small and
vandalism and
[[Page 50175]]
collection could seriously affect the survival of the species. The wood
of the species has been described as ``highly prized'' and cutting for
timber has been identified as a factor affecting the species in the
past. 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. The precarious
status of Juglans jamaicensis necessitates identical thresholds for
determining adverse modification of critical habitat and jeopardizing
the continued existence of the species. Therefore, no benefit from
designating critical habitat would occur for this species.
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.
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 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 this species, as discussed above. Federal
involvement may be through the use of Federal funding for rural housing
and development (for example, the Farmer's Home Administration or
Housing and Urban Development) or Federal activities or authorizations
(for example, U.S. Forest Service forest management practices on
private lands).
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 a 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 plants, 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 to the prohibitions 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 this species will ever be sought or issued, since
the species is not known to be in cultivation and are uncommon in the
wild. Requests for copies of the regulations on plants and inquiries
regarding them may be addressed to the Service's Southeast Regional
Office, 1875 Century Boulevard, Atlanta, Georgia 30345 (404/679-7110).
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 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 population of Juglans
jamaicensis is 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 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 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 Field Office (see ADDRESSES section). Requests
for copies of the regulations on listed species and inquiries regarding
prohibitions and permits should be addressed to the U.S. Fish and
Wildlife Service, Ecological Services (TE), 1875 Century Boulevard,
Atlanta, Georgia 30345-3301 (404/679-7096).
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
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 Juglans jamaicensis;
(2) The location of any additional populations of this species, 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
this species; and
(4) Current or planned activities in the subject areas and their
possible impacts on this species.
[[Page 50176]]
Final promulgation of the regulation on Juglans jamaicensis 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 one or more public hearings
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 and Environmental Impact Statements, 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
Center for Plant Conservation. 1992. Report on the Rare Plants of
Puerto Rico. Missouri Botanical Garden, St. Louis, Missouri.
Little, E.L. Jr, R.O. Woodbury, and F.H. Wadsworth. 1974. Trees of
Puerto Rico and the Virgin Islands, Volume II. Agriculture Handbook
No. 449. U.S. Department of Agriculture, Forest Service. Washington,
DC. 1024 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. 1992. Status report on Juglans jamaicensis C. DC.
Unpublished report submitted to the U.S. Fish and Wildlife Service.
7 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.
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 FLOWERING PLANTS to the list of Endangered and
Threatened Plants:
Sec. 17.12 Endangered and Threatened Plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------- Historic range Family name Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants
* * * * * * *
Juglans jamaicensis..... Nogal or West Indian U.S.A. (PR), Hispaniola Juglandaceae........... E ........... NA NA
walnut.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: September 6, 1995.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 95-24013 Filed 9-27-95; 8:45 am]
BILLING CODE 4310-55-P
