[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: 94-3791]


[[Page Unknown]]

[Federal Register: February 18, 1994]


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DEPARTMENT OF THE INTERIOR
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50 CFR Part 17

RIN 1018-AC28

 

Endangered and Threatened Wildlife and Plants; Proposed 
Threatened Status for Gesneria Pauciflora

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Service proposes to determine 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 two 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 proposal, if made 
final, would extend the Act's protection and recovery provisions to 
Gesneria pauciflora.

DATES: Comments from all interested parties must be received by April 
19, 1994. Public hearing requests must be received by April 4, 1994.

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, 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).

SUPPLEMENTARY INFORMATION:

Background

    Gesneria pauciflora is a small shrub currently known from only two 
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. Population estimates are 
difficult due to the plant's habit of growing in dense mats; however, 
the largest population has been estimated at approximately 1,000 
individuals and the second at 50 (Proctor 1991; CPC 1992).
    Gesneria pauciflora is a small gregarious shrub that may reach 30 
centimeters in height with stems 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 both known localities the species is found growing in rocky 
stream beds on wet serpentine rock, where water is constantly seeping. 
Both localities are found within the Maricao Commonwealth Forest, 
managed by the Puerto Rico Department of Natural Resources. 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 possibly could go extinct in the 
wild within the next 5 years.
    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. 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(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 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 
Gesneria pauciflora Urban are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. Gesneria pauciflora is known from 
only two locations in western Puerto Rico. Although both 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.
    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 would 
provide immediate protection and, if 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 risk of extinction is 
extremely high. Landslides, floods and storm damage are natural 
occurrences which may affect these steep, unstable slopes.

    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. Two populations are currently known, 
the largest one of which may contain as many as 1,000 individuals; both 
occur on land managed by the Commonwealth. Although extremely 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 so 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)(4) requires Federal agencies to confer 
informally 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 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 found at 50 CFR 17.71 and 
17.72 set forth a series of general prohibitions and exceptions that 
apply to all threatened plants. All trade 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 are exempt from these prohibitions provided 
that a statement of ``cultivated origin'' appears on their containers. 
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. The 1988 
amendments do not reflect this protection for threatened plants, 
although section 4(d) of the Act allows for the provision of such 
protection to threatened species through regulations. Certain 
exceptions can apply to agents of the Service and Commonwealth 
conservation agencies.
    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. It is anticipated that few trade 
permits for Gesneria pauciflora 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 may be addressed to the 
Office of Management Authority, U.S. Fish and Wildlife Service, 4401 N. 
Fairfax Drive, room 432, Arlington, Virginia 22203 (703/358-2104).

Public Comments Solicited

    The Service intends that any final action resulting from this 
proposal will be as accurate and as effective as possible. Therefore, 
any 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 Gesneria pauciflora;
    (2) The location of any additional populations of Gesneria 
pauciflora, 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 
these species; and
    (4) Current or planned activities in the subject areas and their 
possible impacts of Gesneria pauciflora.
    Final promulgation of the regulation of Gesneria pauciflora 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 a public hearing 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, 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 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, and 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 ``Gesneriaceae--Gesneria family,'' 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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                                                  * * * * * * *                                                 
Gesneriaceae--Gesne                                                                                             
 ria family:                                                                                                    
                                                                                                                
                                                                                                                
                                                  * * * * * * *                                                 
    Gesneria         None..............  U.S.A. (PR).......  T             ...........           NA           NA
     pauciflora.                                                                                                
                                                                                                                
                                                  * * * * * * *                                                 
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    Date: February 10, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-3791 Filed 2-17-94; 8:45 am]
BILLING CODE 4310-55-P