[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: 94-3792]


[[Page Unknown]]

[Federal Register: February 18, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB83

 

Endangered and Threatened Wildlife and Plants; Determination of 
Endangered Status for Myrcia Paganii and Calyptranthes Thomasiana

AGENCY: Fish and Wildlife Service, Interior.


ACTION: Final rule.

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SUMMARY: The Service determines Myrcia paganii (no common name) and 
Calyptranthes thomasiana (no common name) to be endangered species 
pursuant to the Endangered Species Act (Act) of 1973, as amended. 
Myrcia paganii, a small evergreen tree, is endemic to Puerto Rico and 
known from only three locations in the limestone hills of the 
northwestern part of the island. Calyptranthes thomasiana, an evergreen 
shrub or small tree, is only known from one area on the island of 
Vieques in Puerto Rico, one area in St. John, U.S. Virgin Islands, and 
from Gorda Peak, Virgin Gorda, British Virgin Islands. Modification and 
loss of habitat, coupled with low numbers and restricted distribution, 
represent the primary threats to these species. This final rule will 
provide Myrcia paganii and Calyptranthes thomasiana with the protection 
and recovery provisions afforded by the Act for endangered plants.

EFFECTIVE DATE: March 21, 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, 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) or Mr. Dave Flemming at the Atlanta 
Regional Office address (404/331-3583).

SUPPLEMENTARY INFORMATION:

Background

    Myrcia paganii was first collected by Paul Sintenis during the last 
part of the nineteenth century. However, the type specimen was 
destroyed during World War II and no duplicates are known to exist. 
Myrcia paganii was not collected again until Roy Woodbury rediscovered 
the species in 1959 in the Biafara-Arrozal area to the south of the 
city of Arecibo, located in northern Puerto Rico. Six individuals are 
known from this privately owned site (Vivaldi and Woodbury 1981). The 
species has been reported more recently from two other locations, one 
individual at each, in the Quebradillas area of northwestern Puerto 
Rico (Department of Natural Resources 1992).
    Myrcia paganii is an evergreen tree which may reach 9 meters (30 
feet) in height and 13 centimeters (5 inches) in diameter. The bark is 
mottled and flaky and the inner bark is orange-brown. Young twigs are 
flattened and have numerous soft brownish hairs. The leaves are 
opposite, simple, entire, coriaceous, aromatic, and glandular punctate 
below. The leaf blade is elliptic to elliptic-oblong, villous when 
young but glabrescent, 10 to 16 centimeters (4 to 6\1/4\ inches) long, 
and 4 to 9 centimeters (1\1/2\ to 3\1/2\ inches) wide. The leaf base is 
acute, the apex obtuse, and the midvein is clearly impressed above. 
Petioles are 4 to 5 millimeters long. The flowers and fruit have not 
been described.
    Calyptranthes thomasiana was described in 1855 from specimens 
collected from St. Thomas, U.S. Virgin Islands. Although collected from 
St. Thomas, it has not been reported from the island in recent years. 
It was previously thought to be endemic to Puerto Rico and the U.S. 
Virgin Islands, but was recently reported from Virgin Gorda, British 
Virgin Islands, where it occurs within the National Park (Center for 
Plant Conservation 1992; G. Proctor, pers. comm.). It is currently 
known from only three locations: Monte Pirata on the island of Vieques 
in Puerto Rico; Bordeaux Mountain on the island of St. John, U.S. 
Virgin Islands; and Gorda Peak in Virgin Gorda, British Virgin Islands.
    Calyptranthes thomasiana is an evergreen shrub or small tree that 
may reach 9 meters (30 feet) in height and 13 centimeters (5 inches) in 
diameter. Leaves are opposite, obovate to oblong, 2 to 4 centimeters 
(\3/4\ to 1\3/4\ inches) long, blunt at the apex, and short pointed at 
the base. The leaves are coriaceous, with gland dots, shiny on the 
upper surface, and dull on the lower surface. Flowers and fruit have 
not been described.
    Some 10 to 12 individuals of Calyptranthes thomasiana are known to 
occur on Vieques near the summit of Monte Pirata. This site is located 
on U.S. Navy property and is in close proximity to naval communications 
facilities. It is not known if any individuals were eliminated during 
the construction of these facilities (Department of Natural Resources 
1992). Currently in effect is a 1983 Memorandum of Understanding that 
designates this area as an ecological conservation zone for the 
protection of C. thomasiana and other species of concern. This area was 
severely affected by Hurricane Hugo in 1989. On St. John as many as 100 
mature individuals are known from a small area on Bordeaux Mountain, 
which is within the Virgin Islands National Park, National Park 
Service, U.S. Department of the Interior (G. Ray, pers. comm., Woodbury 
and Weaver 1987). On Virgin Gorda C. thomasiana is found within a 
National Park owned by the British Virgin Islands government, but the 
species is rare and localized and may be impacted by park management 
practices (Center for Plant Conservation 1992; G. Proctor, pers. 
comm.).
    Myrcia paganii and Calyptranthes thomasiana were recommended for 
Federal listing by the Smithsonian Institution (Ayensu and DeFilipps 
1978). The species were 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) notice 
of review. Both species were designated as 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 notice of review published on February 21, 1990.
    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 Myrcia paganii and Calyptranthes thomasiana 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 Myrcia paganii and Calyptranthes 
thomasiana, published on January 5, 1993 (58 FR 339), constituted the 
final 1-year finding in accordance with section 4(b)(3)(B)(ii) of the 
Act.

Summary of Comments and Recommendations

    In the January 5, 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, scientific organizations 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 January 25, 1993. 
Five letters of comment were received, none of which opposed the 
listing. Some additional information supplied by the Department of the 
Navy, U.S. Naval Station, Roosevelt Roads, has been incorporated into 
this final rule. A public hearing was neither requested nor held.

Summary of Factors Affecting the Species

    After a thorough review and consideration of all information 
available, the Service has determined that Myrcia paganii and 
Calyptranthes thomasiana should be classified as 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 Myrcia paganii Krug & Urban and Calyptranthes thomasiana 
Berg. are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment 
of Its Habitat or Range

    Two populations of Myrcia paganii are found on privately owned land 
currently subject to intense pressure for agricultural, rural and 
tourist development. Adjacent land is being cleared for grazing by 
cattle and goats. One individual has been reported from the Guajataca 
Commonwealth Forest, where it may be affected by forest management 
practices. Although on Vieques Island Calyptranthes thomasiana is found 
on U.S. Navy property, near the summit of Monte Pirata, this area has 
been severely modified for the construction of Navy facilities. The 
area is presently designated by the Navy as an ecological conservation 
zone, with C. thomasiana being one of the species of concern. However, 
should the need arise to expand the existing facilities, C. thomasiana 
could be impacted unless appropriate measures are taken to protect the 
species. Known individuals on St. John are found within the National 
Park; nevertheless, these may be affected by park management practices 
and the presence of feral pigs and donkeys.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    Taking for these purposes has not been a documented factor in the 
decline of these species.

C. Disease or Predation

    Disease and predation have not been documented as factors in the 
decline of these species.

D. The Inadequacy of Existing Regulatory Mechanisms

    The Commonwealth of Puerto Rico as well as the U.S. Virgin Islands 
have adopted regulations that recognize and provide protection for 
certain Commonwealth or Territorial listed species. However, although 
Calyptranthes thomasiana is on the U.S. Virgin Island list, Myrcia 
paganii and C. thomasiana are not yet on the Commonwealth list. Federal 
listing provides immediate protection and enhances their 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 these species is their limited distribution. Because so few 
individuals are known to occur in a limited area, the risk of 
extinction is extremely high. Hurricane Hugo in 1989 dramatically 
affected the Monte Pirata area of Vieques, 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 these species in determining to make this rule 
final. Based on this evaluation, the preferred action is to list Myrcia 
paganii and Calyptranthes thomasiana as endangered. M. paganii and C. 
thomasiana are each known from only three locations. Deforestation for 
rural, agricultural, residential 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 these 
species are discussed below.

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. Both situations apply to C. thomasiana and M. paganii.
    Critical habitat would not be beneficial in terms of adding 
additional protection for the species under section 7 of the Act. 
Regulations promulgated for the implementation of section 7 provide for 
both a ``jeopardy'' standard and a ``destruction or adverse 
modification'' of critical habitat standard. Because of the highly 
limited distribution of these species and their precarious status, any 
Federal action that would destroy or have any significant adverse 
effect on their habitat would likely result in a jeopardy biological 
opinion under section 7. Under these conditions, no additional benefits 
would accrue from designation of critical habitat that would not be 
available through listing alone.
    The Service also finds that designation of critical habitat is not 
prudent for these species due to the potential for taking. The number 
of individuals of C. thomasiana and M. paganii is so small that 
vandalism and collection could seriously affect the survival of these 
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 these species' habitat. 
Protection of these species' habitat will also be addressed through the 
recovery process and by utilizing the jeopardy standard under the 
section 7 consultation process.

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, Territorial 
and private agencies, groups and individuals. The Endangered Species 
Act provides for possible land acquisition and cooperation with the 
Commonwealth or Territory, 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 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 these two species, as discussed above. 
Federal involvement is anticipated for the population of Calyptranthes 
thomasiana located on Monte Pirata in Vieques, U.S. Navy property, and 
for the population located in the Virgin Islands National Park in St. 
John.
    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 State (Commonwealth/Territory) law or regulation, 
including criminal trespass law. Certain exceptions can apply to agents 
of the Service and Commonwealth or 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. It is anticipated that 
few trade permits for these two species will ever be sought or issued, 
since the species are not known to be in cultivation and are 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 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

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. Missouri Botanical Garden, St. Louis, Missouri.
Department of Natural Resources. 1992. Natural Heritage Program 
status information of Myrcia paganii and Calyptranthes thomasiana. 
San Juan, Puerto Rico.
Vivaldi, J.L. and R.O. Woodbury. 1981. Status Report on Myrcia 
paganii Krug & Urban. Unpublished report submitted to the U.S. Fish 
and Wildlife Service, Atlanta, Georgia. 24 pp.
Woodbury, R.O. and P.L. Weaver. 1987. The Vegetation of St. John and 
Hassel Island, U.S. Virgin Islands. U.S. Department of the Interior, 
National Park Service, Southeast Regional Office, Research/Resources 
Management Report SER-83. 103 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.

Regulations 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; Public Law 99-625, 100 Stat. 3500; unless otherwise 
noted.

    2. Section 17.12(h) is amended by adding a new family, 
``Myrtaceae--Myrtle family,'' in alphabetical order 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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                                                  * * * * * * *                                                 
Myrtaceae--Myrtle                                                                                               
 family:                                                                                                        
    Calyptranthes    None..............  U.S.A. (PR,VI),     E                     529           NA           NA
     thomasiana .                         British VI.                                                           
    Myrcia paganii   None..............  U.S.A. (PR).......  E                     529           NA           NA
                                                                                                                
                                                  * * * * * * *                                                 
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    Dated: February 10, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-3792 Filed 2-17-94; 8:45 am]
BILLING CODE 4310-55-P