Federal Register, Volume 59 Issue 174 (Friday, September 9, 1994)

[Federal Register Volume 59, Number 174 (Friday, September 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22367]

[[Page Unknown]]

[Federal Register: September 9, 1994]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC17

Endangered and Threatened Wildlife and Plants; Determination of
Endangered Status for Three Puerto Rican Plants

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Service determines Mitracarpus maxwelliae (no common
name), Mitracarpus polycladus (no common name), and Eugenia woodburyana
(no common name) to be endangered species pursuant to the Endangered
Species Act (Act) of 1973, as amended. M. maxwelliae, a small shrub,
and E. woodburyana, a small evergreen tree, are endemic to southwestern
Puerto Rico. M. polycladus is a small shrub found in the same general
area of Puerto Rico as the other two species, but it also has been
reported from one other island, Saba, in the Lesser Antilles. These
species are variously threatened by road construction, recreational
activities, wildfires, and land clearing associated with development
for agriculture and other purposes. This final rule provides M.
maxwelliae, M. polycladus and E. woodburyana with the Federal
protection and recovery provisions afforded by the Act for listed
species.

EFFECTIVE DATE: October 11, 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

Mitracarpus maxwelliae was discovered on March 8, 1925, by
Nathaniel L. Britton on a limestone hill in the municipality of
Guanica, Puerto Rico. The site was later rediscovered by Alain Liogier
in 1982 and again by George R. Proctor and Miguel Canals in 1987. The
species has never been found at any other location but the type
locality. At this locality, it is found along an unpaved road, growing
on dry exposed gravel. Approximately 1,443 plants, including mature
flowering individuals and seedlings, were counted within an area of
about 7,500 square meters (697 square feet) (Proctor 1991a).
Mitracarpus maxwelliae is a low, densely-branching, moundlike shrub
which may reach approximately 20 centimeters (8 inches (in)) in height.
The somewhat woody branches are striate and sharply 4-angled. The
leaves are opposite, sessile, linear or linear-lanceolate, densely
scabrous, and from 1 to 3 centimeters (.4 to 1 in) long and 2 to 5
millimeters (.01 to .2 in) wide. The flower heads are terminal, dense,
sub-globose, and from .8 to 1.3 centimeters (.3 to .5 in) in diameter.
The corolla is white, narrowly funnelform, minutely glandular-
papillose, 5 to 6 millimeters (.20 to .23 in) long. The capsule is
about 1.5 millimeters (.06 in) in diameter, opening by a transverse
circular split at about the middle. The seeds are ellipsoid, brownish-
black, and 1.2 millimeters (.05 in) long and .8 millimeter (.03 in)
wide.
Mitracarpus polycladus was first discovered growing on coastal
rocks near Cana Gorda, Guanica, Puerto Rico, in 1886 by Paul Sintenis.
It was also located on the island of Saba in the lesser Antilles by the
Dutch botanist Boldingh (note: the table entry for the proposed rule
did not include Saba in the historic range; the table is corrected for
this final rule). Today it continues to be known from only these two
locations, where it grows in crevices and soil pockets of coastal rocks
in arid areas. Exact numbers of individuals have been difficult to
estimate due to extreme drought conditions in recent years (Proctor
1991b).
Mitracarpus polycladus is a suffrutescent perennial. It is branched
near the base, and the erect or spreading stems may reach up to 45
centimeters (18 in) in height. The branches are 4-angled and glabrous.
Leaves are opposite, linear to linear-lanceolate, 2 to 4.5 centimeters
(.9 to 1.8 in) long, .3 to .5 centimeters (.12 to .20 in) wide,
glabrous and often with an inrolled margin and decurrent base. The
inflorescence is terminal and capitate, 8 to 13 millimeters (.31 to .51
in) in diameter, many flowered and subtended by 3 bracht-like leaves.
The corolla is white, about 5 millimeters (.20 in) long, with ovate
leaves. The seed capsule is 1.5 millimeter (.06 in) in diameter,
splitting open transversely below the middle, and contains black seeds.
Eugenia woodburyana, a small evergreen tree, is endemic to Puerto
Rico and currently known from only the Sierra Bermeja in the
municipalities of Cabo Rojo and Lajas and from the Guanica Commonwealth
Forest in Guanica, all in southwestern Puerto Rico. An additional
individual has been reported from the Cabo Rojo National Wildlife
Refuge, in Cabo Rojo, adjacent to the Sierra Bermeja. Approximately 45
individuals are known from these three locations. The species was only
recently discovered and described by Alain Liogier (Liogier 1980).
Eugenia woodburyana may reach 6 meters (20.0 feet) in height. The
leaves are opposite, obovate, pilose on both sides, glandular-punctate
below, and from 1.5 to 2 centimeters (.6 to .8 in) long and 1 to 1.5
(.4 to .6 in) centimeters wide. The inflorescence is axillary, 2 to 5
flowered and with a peduncle 1 to 3 millimeters (.04 to .12 in) long.
The calyx is 4-lobed and the petals are white, 4 millimeters (.12 in)
long and 3.5 millimeters (.14 in) wide. The striking fruit is red upon
maturity, 8-winged and 2 centimeters (.8 in) in diameter.

Previous Federal Action

Mitracarpus maxwelliae and Mitracarpus polycladus were recommended
for Federal listing in a report prepared by the Smithsonian Institution
as directed by section 12 of the Endangered Species Act of 1973. The
report was presented to Congress in 1975 as House Document No. 94-51.
The species were subsequently 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. In the February 21, 1990, notice, M. maxwelliae
was designated as a category 1 species (a species for which the Service
has substantial information supporting the appropriateness of proposing
to list them as endangered or threatened) and M. polycladus as a
category 2 species (taxa for which there is some evidence of
vulnerability, but for which there was not enough data to support
listing). Eugenia woodburyana was included as a category 2 candidate
for listing in the September 30, 1993, plant notice of review. It has
been included in the Center for Plant Conservation's Report on Rare
Plants in Puerto Rico (Center for Plant Conservation 1992) as a taxa
which may become extinct within the next 10 years. All three species
are considered to be critical plants by the Natural Heritage Program of
the Puerto Rico Department of Natural Resources (Department of Natural
Resources 1993).
Based on status surveys reports completed in 1991, and in
conjunction with other recent field work, the Service recently
reclassified Mitracarpus polycladus and Eugenia woodburyana as category
1 candidates.
Section 4(b)(3)(B) of the Act, as amended in 1982, requires the
Secretary to make findings on certain pending petitions within 12
months of their receipt. Section 2(b)(1) of the 1982 Amendments further
requires that all petitions pending on October 13, 1982, be treated as
having been newly submitted on that date. This was the case for
Mitracarpus maxwelliae and M. polycladus, because the Service had
accepted the 1975 Smithsonian report as a petition. In each October
from 1983 through 1992, the Service has found that the petitioned
listing of these species was warranted but precluded by other listing
actions of a higher priority, and that additional data on vulnerability
and threats were still being gathered. A proposed rule to list M.
maxwelliae, M. polycladus and Eugenia woodburyana, published on January
3, 1994 (59 FR 44), constituted the final 1-year finding for the
Mitracarpus species in accordance with Section 4(b)(3)(B)(ii) of the
Act.

Summary of Comments and Recommendations

In the January 3, 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
public comment was published in the ``San Juan Star'' on January 22,
1994, and in ``El Dia'' on January 24, 1994. Two letters of comment
were received, neither of which opposed the listing. The Puerto Rico
Department of Natural and Environmental Resources supported the listing
and provided additional information on threats to the species in the
Sierra Bermeja. 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 Mitracarpus maxwelliae, M.
polycladus and Eugenia woodburyana 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 Mitracarpus maxwelliae Britton &
Wilson, Mitracarpus polycladus Urban and Eugenia woodburyana Alain are
as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. In the Sierra Bermeja, Eugenia
woodburyana is found on privately owned land subject to intense
pressure for agricultural, rural and tourist development. The land is
currently being cleared for grazing by cattle and goats. Adjacent land
is being subdivided for sale in small farms, some destined for tourist
and urban development. Off road vehicles used in these areas may affect
seedling recruitment. All three species are also found within the
Guanica Commonwealth Forest; however, Mitracarpus maxwelliae and
Mitracarpus polycladus are found along infrequently used roadways where
they may be impacted in the future. Any road improvement, widening, or
increase in traffic along these roads would result in the loss of a
significant portion of the only known populations. The sites of these
two species are near preferred recreational areas, heavily utilized
during the summer months.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Taking plants 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 has adopted a regulation that recognizes
and provides protection for certain Commonwealth listed species.
However, Mitracarpus maxwelliae, Mitracarpus polycladus and Eugenia
woodburyana are not yet on the Commonwealth list. Federal listing will
provide immediate protection under the Act, and by virtue of an
existing Section 6 Cooperative Agreement with the Commonwealth, listing
will also assure the addition of these species to the Commonwealth list
and enhance funding possibilities for recovery actions.
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. Wildfires are a frequent occurrence in
this extremely dry portion of southwestern Puerto Rico, particularly in
the coastal roadside areas of Guanica where Mitracarpus maxwelliae and
M. polycladus are found.
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
Mitracarpus maxwelliae, M. polycladus and Eugenia woodburyana as
endangered. In U.S. territory, M. maxwelliae and M. polycladus are
known from only one location in the Guanica area of southwestern Puerto
Rico. In this area they are threatened by road construction,
recreational activities and wildfires. E. woodburyana is known from
only approximately 45 individuals at three locations in southwestern
Puerto Rico. Deforestation for rural, agricultural, 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 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. 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 such threat to the species, or (2)
such designation of critical habitat would not be beneficial to the
species. Both situations apply to Mitracarpus maxwelliae, Mitracarpus
polycladus and Eugenia woodburyana.
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
affect 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 Mitracarpus maxwelliae, Mitracarpus polycladus and
Eugenia woodburyana 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 these species' habitat. Protection of these
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 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 three species, as discussed above.
The only currently known Federal involvement is through the
occurrence of Eugenia woodburyana on the Cabo Rojo National Wildlife
Refuge. Other Federal involvement may occur in the future through the
funding of housing (Farmer's Home Administration or Housing and Urban
Development) or funding utilized for the management of the Guanica
Commonwealth Forest (U.S. Department of Agriculture, Forest Service).
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 prohibitions of
section 9(a)(2) of the Act, implemented by 50 CFR 17.61, would 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 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 permits for these three 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 should be addressed to
the U.S. Fish and Wildlife Service, Attn: Endangered and Threatened
Species Permits, 1875 Century Boulevard, Suite 200, Atlanta, Georgia
30345 (404/697-4000).

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

Center for Plant Conservation. 1992. Report on the rare plants of
Puerto Rico. Missouri Botanical Garden, St. Louis, Missouri.
Department of Natural Resources. 1993. Natural Heritage Program
status information on Mitracarpus maxwelliae, Mitracarpus polycladus
and Eugenia woodburyana. San Juan, Puerto Rico.
Liogier, Alain H. 1980. Novitates Antillanae. VIII. Phytologia
47(3):167-198.
Proctor, G. R. 1991a. Status report on Mitracarpus maxwelliae
Britton & Wilson. In Publicacion Cientifica Miscelanea No. 2,
Departamento de Recursos Naturales de Puerto Rico. 196 pp.
Proctor, G. R. 1991b. Status report on Mitracarpus polycladus Urban.
In Publicacion Cientifica Miscelanea No. 2, Departamento de Recursos
Naturales de Puerto Rico. 196 pp.

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.

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

2. Amend Section 17.12(h) by adding the following, in alphabetical
order, under Myrtaceae and Rubiaceae, 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:
Eugenia None................ U.S.A. (PR)........ E 551 NA NA
woodburyana.

* * * * * * *
Rubiaceae--Madder
family:

* * * * * * *
Mitracarpus None................ U.S.A. (PR)........ E 551 NA NA
maxwelliae .
Mitracarpus None................ U.S.A. (PR), Lesser E 551 NA NA
polycladus. Antilles (Saba).

* * * * * * *
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Dated: August 26, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-22367 Filed 9-8-94; 8:45 am]
BILLING CODE 4310-55-P