[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   
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                  * * * * * * *                                                 
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