[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: 94-22369]


[[Page Unknown]]

[Federal Register: September 9, 1994]


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Part III





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17




Endangered and Threatened Wildlife and Plants; Determination of 
Endangered Status for the Puerto Rican Broad-Winged Hawk and Sharp-
Shinned Hawk and for Three Puerto Rican Plants; Rules
DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC12

 
Endangered and Threatened Wildlife and Plants; Determination of 
Endangered Status for the Puerto Rican Broad-Winged Hawk and the Puerto 
Rican Sharp-Shinned Hawk

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Service determines the Puerto Rican broad-winged hawk 
(Buteo platypterus brunnescens) and the Puerto Rican sharp-shinned hawk 
(Accipiter striatus venator) to be endangered pursuant to the 
Endangered Species Act (Act) of 1973, as amended. These uncommon 
woodland raptors are restricted to montane, primarily government-owned 
forests along the Cordillera Central, Sierra de Cayey and Sierra de 
Luquillo. There are approximately 155 sharp-shinned hawks and 124 
broad-winged hawks island-wide. Both species are currently threatened 
by timber harvest and management practices in the forests; road 
construction in relation to timbering and recreational activities; 
increase in numbers of recreational facilities, and the disturbance 
associated with public use; mortality and habitat destruction from 
hurricanes; the lack of comprehensive management plans for the 
Commonwealth forests; and possible loss of genetic variation due to low 
population levels. The Puerto Rican sharp-shinned hawk is also affected 
by warble fly parasitism. This final rule will implement the Federal 
protection and recovery provisions afforded by the Act for the Puerto 
Rican broad-winged hawk and the Puerto Rican sharp-shinned hawk.

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. Marelisa Rivera 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

    The broad-winged hawk (Buteo platypterus) was first reported in 
Puerto Rico by Gundlach (1878). He reported this species as ``common'' 
in the ``interior'' of Puerto Rico. Stahl (1883) reported the species 
as ``transient''. In the first half of the 20th century, the species 
was not reported by other naturalists that visited the island (Bowdish 
1902, Wetmore 1914, and Danforth 1931). Wetmore (1927) believed the 
species extinct. Danforth and Smyth (1935) collected a specimen in 
Luquillo (Caribbean National Forest) and described it as a distinct 
resident subspecies, the Puerto Rican broad-winged hawk (Buteo 
platypterus brunnescens). Danforth (1936) reported sightings of broad-
winged hawks from Utuado. Leopold (1963) reported the species from 
Luquillo, Utuado and Maricao forests.
    The Puerto Rican broad-winged hawk is a dark chocolate brown, 
small-size hawk that measures approximately 39 centimeters (15.5 
inches). It is smaller than the Buteo platypterus platypterus but 
larger than the Lesser Antillean subspecies. This is the darkest 
subspecies of the broad-winged hawk. In adults, the tail, broadly 
banded with black and white, and the rufous breast are characteristic. 
Immature birds have dark bars on the breast and lack the distinctive 
tail bands of the adult. Broadwings flap more than the similar but 
larger red-tailed hawk (Raffaele 1989). Knowledge of the biology of the 
Puerto Rican broad-winged hawk is limited. Snyder et al. (1987) 
conducted food-habit studies on one of the three nests found in the 
Caribbean National Forest in 1976 and one nest found in Rio Abajo in 
1978. The prey types taken included centipedes, frogs, lizards, mice, 
rats and birds (as large as 200 grams). Studies of breeding biology, 
habitat requirements and other aspects of this species' biology are not 
available in the literature.
    The Puerto Rican broad-winged hawk is an uncommon and extremely 
local resident. Extant populations are restricted to montane habitats 
of three forests: Rio Abajo Commonwealth Forest, Carite Commonwealth 
Forest and Caribbean National Forest. Breeding has not been documented 
in the Carite forest (Hernandez 1980, Snyder et al. 1987). In the mid 
1980's, the population in the Caribbean National Forest was estimated 
to be 40-60 individuals and 15-20 breeding pairs (Santana and Temple 
1984, Snyder et al. 1987). The broad-winged hawks were more often seen 
in the eastern side of the Caribbean National Forest, and the tabonuco 
and palo colorado forest types were reported to be the preferred 
habitats for the species (Wiley and Bauer 1985). In 1992, 12 broad-
winged hawks were sighted in the Caribbean National Forest and the 
population was estimated at 22 individuals (Delannoy 1992). These 
individuals were observed to be clustered in the north-central part of 
the forest within the subtropical wet forest and subtropical rain 
forest life zones, where the tabonuco is the dominant forest type. 
Information received from the Service's Puerto Rican Parrot Field 
Office (in litt. 1994) states that broad-winged hawks have been sighted 
in several watersheds throughout the forest (e.g. Mameyes, Sonadora, 
Espiritu Santo, and Quebrada Grande) besides the north-central ridge. 
The field office also mentioned that estimates for the Caribbean 
National Forest may be underestimated due to limited access to the 
interior regions of the Forest.
    Very little is known about the Rio Abajo and Carite forest 
populations. However, it appears that the existence of the Rio Abajo 
population was known by Danforth (1936) and Leopold (1963) since they 
both reported sightings of broad-winged hawks from Utuado. Snyder et 
al. (1987) believed that the Rio Abajo forest sustains not more than 50 
individuals. Delannoy (1992) reported 26 broad-winged hawks, or an 
estimated population of 52 individuals, in the Rio Abajo forest. The 
Puerto Rican broad-winged hawk was unknown from the Carite forest until 
1980, when the existence of a resident population present year-round 
was reported (Hernandez 1980). In 1992, 20 broad-winged hawks were 
censused in the Carite forest and a population of 22 individuals was 
estimated (Delannoy 1992). In the Carite forest the species has been 
reported from the elfin, caimitillo, granadillo, tabonuco, and slope 
forest types (Hernandez 1980, Delannoy 1992).
    The 206.4 square kilometers (80 square miles) censused in three 
forests (Rio Abajo, Carite and Caribbean National Forest) in 1992 
yielded 58 broad-winged hawks or an estimated population of 124 
individuals (Delannoy 1992). Sightings of the broad-winged hawk have 
been reported from other areas, such as Cayey (next to the Carite 
forest), Utuado, Jayuya, Adjuntas, Villalba, and the Maricao and Toro 
Negro forests (Leopold 1963, Perez-Rivera and Cotte-Santana 1977). 
Nevertheless, Delannoy (1991) established that the Maricao and Toro 
Negro forests do not have resident populations. Broad-winged hawks have 
been searched for, but not sighted, in upland forested habitats in 
Utuado, Jayuya, Adjuntas, Orocovis, and Barranquitas (Delannoy 1992).
    The sharp-shinned hawk (Accipiter striatus) is a polytypic species 
with nine subspecies distributed in the western hemisphere, from Alaska 
to Canada south to Argentina and to the West Indies (Cuba, Hispaniola 
and Puerto Rico) (Wattel 1973). The Puerto Rican sharp-shinned hawk was 
first discovered in 1912 in the Maricao Commonwealth Forest, and 
described as a distinct subspecies, Accipiter striatus venator (Wetmore 
1914).
    The Puerto Rican sharp-shinned hawk is a small hawk measuring 
approximately 28-33 centimeters (11-13 inches). The dark slate gray 
upper parts and heavily barred rufous underparts of the adults are 
distinctive. Immatures are brown above and heavily streaked below. It 
has short, squared tail, often appearing notched when folded, and small 
head and neck. In flight, the short, rounded wings and long, narrow 
tail are characteristic (Raffaele 1989).
    Extant breeding populations of the Puerto Rican sharp-shinned hawk 
were located in the mountain forest of the Maricao Commonwealth Forest, 
Toro Negro Commonwealth Forest, Guilarte Commonwealth Forest, Carite 
Commonwealth Forest and Caribbean National Forest (Cruz and Delannoy 
1986). Sixty individuals were counted in island-wide surveys conducted 
in 1983 and a breeding density of .73 hawks/km2 was estimated (Cruz and 
Delannoy 1986). In 1985, 72 individuals were counted and a breeding 
population of .76 hawk/km2 (230-250 island-wide) were estimated in 
island-wide surveys (Cruz and Delannoy 1986). In 1992, 285.6 square 
kilometers (110 square miles) censused yielded 82 sharp-shinned hawks; 
40 in Maricao, 30 in Toro Negro, 10 in Carite and 2 in Caribbean 
National Forest. An overall population of 129 individuals has been 
estimated for these forests (Delannoy 1992). Although the Guilarte 
Forest population was not censused in 1992, a population of 25 
individuals was estimated for the forest in 1985 (Cruz and Delannoy 
1986).
    Studies on breeding and nesting habitat of this species, conducted 
by Cruz and Delannoy (1986) showed that the sharp-shinned hawk 
population in Maricao nests in both natural and modified (Calophyllum 
plantation) habitats. Plantation nest sites tended to have large canopy 
trees and fewer understory than natural forest nest sites. Sharp-
shinned hawks appear to select plantation and natural forest nest sites 
with similar vegetative structure and topography. Results suggested 
that vegetation structural requirements (closed canopies and dense 
stands) are sought by the Puerto Rican sharp-shinned hawks in the 
selection of nest sites in Maricao and apparently in other parts of its 
range in Puerto Rico (Cruz and Delannoy 1986). Furthermore, these 
authors reported low reproductive success, high desertion of eggs, and 
high nestling mortality due to parasitism by the warble fly Philornis 
spp.
    The center of sharp-shinned hawk courtship and territorial 
activities in Maricao forest was located in the north-central and 
eastern parts, within the subtropical lower montane wet forest and 
subtropical wet forest life zones. In the Carite Forest, territorial 
and courtship activities occurred in the northeastern and north-central 
parts, within the caimitillo-granadillo forest types (Delannoy 1992). 
In Toro Negro, these activities took place in the elfin woodland, 
sierra palm, caimitillo-granadillo and tabonuco forest types. In the 
Caribbean National Forest, the only two sharp-shinned hawks sighted (a 
solitary territorial pair) were detected in the south-central part of 
the forest, confined to the palo colorado forest type of the lower 
montane forest life zone (Delannoy 1992).
    Although the sharp-shinned hawk was previously known from the karst 
region of Rio Abajo and Guajataca Commonwealth Forests, Cruz and 
Delannoy (1986) did not find any evidence of its presence in these 
areas. Fossil evidence indicates that the species was once more 
widespread in the karst region (Wetmore 1922). Cruz and Delannoy (1986) 
reported that sharp-shinned hawks have been searched for and not 
sighted in Cambalache, Vega, Susua, and Guanica forests. More recent 
observations indicate the hawk does occur in and around the Susua 
Forest (in litt. 1994).

Previous Federal Action

    On November 24, 1980, the Service received a petition from Dr. 
Warren B. King from the International Council for Bird Preservation 
requesting that the Puerto Rican broad-winged hawk and the Puerto Rican 
sharp-shinned hawk be added to the List of Endangered and Threatened 
Wildlife. On May 12, 1981, the Service published a notice of petition 
acceptance and status review in the Federal Register (46 FR 26464).
    In the case of any petition accepted by the Service as containing 
substantial information, Section 4(b)(3) of the Endangered Species Act 
(16 U.S.C. 1531 et seq.), as amended in 1982, requires that a 
subsequent finding be made within 12 months as to whether the measure 
is warranted, not warranted, or warranted but precluded by higher 
priority listing actions. In regard to the Puerto Rican broad-winged 
hawk, the Service made petition findings of ``warranted but precluded'' 
each year, beginning in October of 1983, as required by the Act. A 
final petition finding of ``not warranted'', based on a change in 
Service policy for certain previous ``warranted but precluded'' 
findings, was published in the Federal Register on December 9, 1993 (58 
FR 6828). In the case of the Puerto Rican sharp-shinned hawk, a status 
survey completed in 1986 resulted in a final petition finding of ``not 
warranted'' that was announced in the Federal Register of April 25, 
1990 (55 FR 17475).
    In the Service's notice of review for vertebrate candidates 
published in the Federal Register of December 30, 1982 (47 FR 58454) 
and September 18, 1985 (50 FR 37958), both hawks were included as 
category 2 species, i.e., taxa for which there is information to 
indicate that listing may be appropriate, but for which there is 
insufficient data to support a listing proposal. In the animal notice 
of review published January 6, 1989 (54 FR 554), the Puerto Rican 
sharp-shinned hawk was moved to category 3C based on status information 
gathered in 1986. Category 3C taxa are those that do not presently 
qualify for the Act's protection due to absence of significant threat. 
The Puerto Rican broad-winged hawk was retained in category 2 for the 
1989 notice of review and for the subsequent notice published November 
21, 1991 (56 FR 58804).
    Status surveys conducted in 1991 and 1992 indicated that both 
species have experienced recent population declines, exist in low 
numbers, have restricted distribution and currently face significant 
threats. Based on this information, the Service recently elevated both 
hawks to category 1. A proposed rule to list these hawk species as 
endangered was published on January 3, 1994 (59 FR 48).

Summary of Comments and Recommendations

    In the 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 requested 
to comment. A newspaper notice inviting general public comment was 
published in ``The San Juan Star'' on January 22, 1994. Seven comment 
letters were received and are discussed below. Comments supplying 
supplemental data have been incorporated into the Background section of 
this rule, as appropriate. A public hearing was neither requested nor 
held.
    The U.S. Forest Service (USFS), Southern Region, supported the 
proposal to list both species as endangered. The USFS indicated that 
several protective measures had been taken to reduce the probability of 
adverse effects to these species from forest management activities and 
development. These measures included the designation of both hawk 
species as ``Sensitive Species'' and the broad-winged hawk as a 
``Management Indicator Species'', the development of ``Standards and 
Guidelines'' to protect all raptor nests and roost sites by directing 
management activities outside of sensitive raptor areas and raptor 
breeding time periods, the planning of recreational developments away 
from primary forest areas and near existing recreational facilities.
    The Puerto Rico Department of Natural and Environmental Resources 
(PRDNER), Natural Heritage Division, supported the listing of the 
Puerto Rican broad-winged hawk and the Puerto Rican sharp-shinned hawk. 
The Department recognized that formal comprehensive management plans 
for all Commonwealth forest reserves are lacking. However, the PRDNER 
mentioned that it is their intention to formalize management plans for 
all forest reserves, and management plans for Rio Abajo, Pinones, 
Carite, and Guanica Forest Reserves have been drafted.
    Letters supporting the listing and providing comments were also 
received from Mr. Jose L. Chabert, Wildlife Coordinator for the PRDNER, 
Mr. Enrique Hernandez-Prieto from the Biology Department of the 
University of Puerto Rico, the Service's Puerto Rican Parrot Field 
Office, and the Caribbean Islands National Wildlife Refuge.
    The U.S. Department of the Army, Jacksonville District Corps of 
Engineers, Antilles Office, provided comments, but did not indicate 
either support or objection to listing the species.

Summary of Factors Affecting the Species

    After a thorough review and consideration of all information 
available, the Service has determined that the Puerto Rican broad-
winged hawk and the Puerto Rican sharp-shinned hawk 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 an endangered 
or threatened species due to one or more of the five factors described 
in Section 4(a)(1). These factors and their application to the Puerto 
Rican broad-winged hawk (Buteo platypterus brunnescens) and the Puerto 
Rican sharp-shinned hawk (Accipiter striatus venator) are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. The Puerto Rican broad-winged hawk 
and the Puerto Rican sharp-shinned hawk are uncommon and extremely 
local residents. Extant populations of the broad-winged hawk and the 
sharp-shinned hawk are restricted to three and five montane forests, 
respectively. The destruction and modification of forested habitats in 
Puerto Rico may be one of the most significant factors affecting the 
numbers and distribution of these hawk species. The patchy distribution 
of both species may have resulted from the fragmentation of forested 
habitats. During the first half of the 20th century forested areas were 
drastically reduced for intensive agricultural uses. Only small areas 
in the montane forests remained. In the last half of this century early 
secondary forests have developed in areas that are no longer under 
intensive cultivation and these secondary forests connect patches of 
more mature forests that were previously isolated. Nevertheless, both 
hawk species are restricted to the mature montane forests and have not 
been observed in these secondary forests (Delannoy, pers. com.). Both 
species were searched for, but not sighted, in other upland forested 
habitats in central parts of Puerto Rico.
    Extant populations of these species occur in low numbers. The total 
population estimate of 124 broad-winged hawks island-wide is very low. 
Broad-winged hawks have experienced a local population decline of 
approximately 50 percent in the Caribbean National Forest (Delannoy 
1992). Total population numbers are significantly low in both the 
Carite and Rio Abajo forests. The sharp-shinned hawk has experienced a 
60 percent decline in the Carite forest and 93 percent decline in the 
Caribbean National Forest (Delannoy 1992).
    Timber harvest and management practices that would result in a 
reduction in numbers or in the diminishing of habitat quality of 
species already limited in their abundance and distribution could be 
detrimental. Cruz and Delannoy (1986) found that 50 percent of the 
nesting areas in the Maricao forest were in plantations of maria 
(Calophyllum brasiliense). They established that timber harvest and 
management practices could have negative effects on sharp-shinned hawks 
if vegetation structural features such as high stem density and canopy 
closure were not maintained. Adequate nest site habitat in the Maricao 
forest was considered to be in limited supply. Any activities that 
modify required structural features of vegetation in sharp-shinned hawk 
nesting areas could result in the reduction of the effective population 
size. Sharp-shinned hawks showed a strong nest site tenacity and 
returned year after year to the same nesting areas (Cruz and Delannoy 
1986).
    Road construction in the forests (related to timber programs and/or 
recreational activities) could result in substantial habitat alteration 
and fragmentation. Also, roads could provide a chronic source of human 
disturbance, reducing habitat effectiveness for species with a strong 
need for isolation. Roads could increase animal harvest and the 
introduction of exotic fauna. Road construction and/or road repair have 
been proposed in the Caribbean National Forest. In the Rio Abajo 
forest, the construction of highway P.R. 10 from Arecibo to Ponce, 
which has been under way for several years, could affect the broad-
winged hawk population. Delannoy (1992) documented, from the Puerto 
Rico Highway and Transportation Authority files, that approximately 2.5 
kilometers (1.6 miles) of the P.R. 10 will enter and cut through forest 
land in the northeastern corner, where high densities of broad-winged 
hawks were detected. Bulldozer activities were reported less than 500 
meters from lookout sites in the forest. He estimated that 
approximately 3.79 ha. (9.5 acres) of apparently prime broad-winged 
hawk habitat will be destroyed by the road.
    Construction of recreational facilities has been proposed for the 
western and northern sides of the Caribbean National Forest, areas 
where both species occur. Such recreation facilities could potentially 
eliminate habitat or bring human activities too close to preferred 
nesting areas. Raptors are particularly sensitive to disturbance near 
their nesting territories. In the Carite forest increasing pressure for 
new recreation facilities has been identified (Delannoy 1992). In the 
Maricao forest, Cruz and Delannoy (1986) found that nest failures 
related to direct human harassment ranked third in importance. Five 
nesting areas in Maricao forest are in, or less than 100 meters (328 
feet) from, the camping and picnic areas. Some of the traditional 
nesting areas for the Puerto Rican sharp-shinned hawk in the Toro Negro 
forest lie near recreation facilities (Cruz and Delannoy 1986). 
Increased pressure for recreation from a growing human population could 
bring about frequent and regular human disturbance near nest sites.
    Increased pressure for new right-of-way access to farms through the 
Carite forest land and the establishment of new communication 
facilities could also destroy prime habitat or bring human activities 
too close to broad-winged hawks. Delannoy (1992) documented that 
destruction of substantial caimitillo-granadillo habitat occurred in 
the right-of-way-access through Camino El Seis in the north-central 
part of the Carite forest. Delannoy also reported the establishment of 
new communication facilities along an access road through sector 
Farallon in the northwestern part of the forest where the highest 
broad-winged hawk densities have been reported.
    In the Maricao forest, the Puerto Rico Energy Power Authority has a 
power substation located in the lower montane wet forest life zone, the 
center of sharp-shinned hawk nesting habitat. Many kilometers of aerial 
power lines run through forest lands. The access road for the 
substation is located adjacent to sharp-shinned hawk habitat in the 
subtropical wet forest life zone (Delannoy 1992). The construction of 
this access road resulted in the destruction of approximately 2.6 ha 
(6.4 acres) of sharp-shinned hawk habitat (Delannoy 1992). The 
construction of new or the enlargement of the existing communication 
infrastructure could potentially eliminate important sharp-shinned hawk 
habitat.
    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. Nevertheless, the 
size and the appearance of these birds make them potentially attractive 
for some hunters.
    C. Disease or predation. The mortality of sharp-shinned hawk 
nestlings due to parasitism by the warble fly Philornis spp. has been 
documented. Studies conducted in Maricao forest attributed 61 percent 
of nestling mortality to Philornis parasitism (Cruz and Delannoy 1986).
    D. The inadequacy of existing regulatory mechanisms. The Puerto 
Rican sharp-shinned hawk was designated by the Commonwealth Department 
of Natural Resources as a threatened species in 1985. Existing 
Commonwealth regulations for the protection of threatened and 
endangered species have not been effective at preventing habitat 
destruction or alteration. The Puerto Rico broad-winged hawk is not 
protected by Commonwealth regulations.
    E. Other natural or manmade factors affecting its continued 
existence. Two of the most important factors affecting these species in 
Puerto Rico are their limited distribution and low numbers. The Puerto 
Rican broad-winged hawk experienced a local population decline of 
approximately 50 percent in the Caribbean National Forest (from 50 
individuals in 1984 to 22 in 1992). The Puerto Rican sharp-shinned hawk 
experienced a 40 percent population decline in a period of seven years 
(from 250 individuals in 1985 to 150 in 1992). Locally, the Carite 
population experienced a 60 percent decline and the Caribbean National 
Forest population a 93 percent decline. Decline of both species have 
been attributed to possible direct and indirect effects of hurricane 
Hugo in 1989.
    The extensive devastation from hurricanes may be particularly 
detrimental to species with small population size and long generation 
time, such as the broad-winged hawk and sharp-shinned hawk. 
Additionally, there may also be a long-term reduction in effective 
population size if the hawks prove to require habitat characteristics 
not presently available in the storm-damaged forest.
    The lack of comprehensive management plans for the Commonwealth 
forests could be considered a serious threat for these species. In 
absence of such plans, policy makers and managers lack basic 
information on which to base decisions related to the best use and 
management of forest resources.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by these two species in determining to make this 
rule final. Based on this evaluation, the preferred action is to list 
the Puerto Rican broad-winged hawk and the Puerto Rican sharp-shinned 
hawk as endangered.
    The Puerto Rican broad-winged hawk populations are extremely small 
and limited to only three montane forests. Significant adverse effects 
to this species or its habitat could drive it to extinction. The 
potential for illegal shooting, increased human disturbance and loss of 
prime habitat in the forests constitute serious threats to the 
continued survival of the species. The Puerto Rican sharp-shinned hawk 
has experienced a 40 percent decline in a period of 7 years. The 
potential for alteration of the species' habitat, human disturbance, 
illegal shooting, and nestling parasitism by warble flies constitute 
serious threats to the continued survival of the species. A decision to 
determine only threatened status would not adequately reflect the 
evident rarity and threats confronting these species. A decision to 
take no action would exclude these species from benefits provided by 
the Endangered Species Act. Endangered status is therefore appropriate.

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 a 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: (1) The species is threatened by taking or 
other activity and the 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 Service finds that, in the case of the latter situation, 
designation of critical habitat is not prudent for these species due to 
lack of benefit.
    Section 7(a)(2) and regulations codified at 50 CFR part 402 require 
Federal agencies to ensure, in consultation with and with the 
assistance of the Service, that activities they authorize, fund, or 
carry out are not likely to jeopardize the continued existence of 
listed species or destroy or adversely modify their critical habitat, 
if designated. (See ``Available Conservation Measures'' section for a 
further discussion of Section 7.) As part of the development of this 
final rule, the USFS and the PRDNER were provided with available 
information on the distribution and threats to the two hawks. Should 
any future projects be proposed in areas inhabited by these hawks, the 
two agencies will already have the information needed to determine if 
the species may be impacted by the proposed action.
    Regulations promulgated for implementing Section 7 provide for both 
a jeopardy standard, based on listing alone, and for a destruction or 
adverse modification standard, in cases where critical habitat has been 
designated. The Puerto Rican broad-winged and the Puerto Rican sharp-
shinned hawks occupy restricted areas within the borders of the 
Caribbean National Forest and several Commonwealth forests. Any 
significant adverse modification or destruction of their habitat would 
likely jeopardize their continued existence. Under these conditions, 
the standards for jeopardy and adverse modification are essentially 
equivalent. Therefore, no additional protection for the species would 
accrue from critical habitat designation that would not also accrue 
from listing these species. Once listed, the Service believes that 
protection of their habitat can be accomplished through the Section 7 
jeopardy standard, and through Section 9 prohibitions against take. It 
is more likely, however, that any federally related action of concern 
will receive early review and any problems will be resolved informally.

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 taking 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.
    In the case of the two hawks, Federal involvement relates to 
activities to be conducted or permitted by the U.S. Forest Service in 
the Caribbean National Forest, or by other federal agencies in the 
Commonwealth forests. Federal funds or permits could be involved in the 
construction, maintenance or enlargement of facilities such as power 
substations, communication towers, and roads and trails in the 
Commonwealth forests. Federal funds could be utilized by the Department 
of Natural Resources in the management of Commonwealth forests.
    The Act and implementing regulations found at 50 CFR 17.21 set 
forth a series of general prohibitions and exceptions that apply to all 
endangered wildlife. These prohibitions, in part, make it illegal for 
any person subject to the jurisdiction of the United States to take 
(includes harass, harm, pursue, hunt, shoot, wound, kill, trap, or 
collect; or to attempt any of these), import or export, ship in 
interstate commerce in the course of commercial activity, or sell or 
offer it for sale in interstate or foreign commerce any listed species. 
It also is illegal to possess, sell, deliver, carry, transport, or ship 
any such wildlife that has been taken illegally. Certain exceptions 
apply to agents of the Service and Commonwealth conservation agencies.
    Permits may be issued to carry out otherwise prohibited activities 
involving endangered wildlife species under certain circumstances. 
Regulations governing permits are at 50 CFR 17.22 and 17.23. Such 
permits are available for scientific purposes, to enhance the 
propagation or survival of the species, and/or for incidental take in 
connection with otherwise lawful activities. 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 (phone 404/679-7096, facsimile 404/679-7081).

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

Bowdish, B.S. 1902. Birds of Porto Rico. The Auk 19:356-366; The Auk 
20:10-23.
Cruz, A., and C.A. Delannoy. 1986. Status, breeding biology and 
conservation needs of the Puerto Rican sharp-shinned hawk, Accipiter 
striatus venator. Final report submitted to the U.S. Fish and 
Wildlife Service as specified in work contract no. 14-16-0004-82-
031.
Danforth, S.T. 1931. Puerto Rican Ornithological Records. J. of 
Agriculture of the University of Puerto Rico 15:33-106.
Danforth, S.T., and J.A. Smyth. 1935. The Puerto Rican forms of the 
broad-winged hawk. J. of Agriculture of the University of Puerto 
Rico 19:485-486.
Danforth, S.T. 1936. Los Pajaros de Puerto Rico. Rand McNally and 
Co., New York, U.S.A.
Delannoy, C.A. 1991. Status surveys of the Puerto Rican sharp-
shinned hawk (Accipiter striatus venator) and Puerto Rican broad-
winged hawk (Buteo platypterus brunnescens). First progress report 
submitted to the U.S. Fish and Wildlife Service as specified in work 
contract no. 14-16-0004-91-031.
Delannoy, C.A. 1992. Status surveys of the Puerto Rican sharp-
shinned hawk (Accipiter striatus venator) and Puerto Rican broad-
winged hawk (Buteo platypterus brunnescens). Final report submitted 
to the U.S. Fish and Wildlife Service as specified in work contract 
no. 14-16-0004-91-031.
Gundlach, J. 1878. Apuntes para la fauna Puerto-Riquena. Aves. 
Analesde la Sociedad Espanola de Historia Natural de Madrid 7:141-
422.
Hernandez, E. 1980. Estudio de aves, reptiles y anfibios en la 
reserva forestal de Carite. Informe presentado como requisito del 
curso Ciencias Naturales 306, Programa de Mantenimiento Ambiental. 
Facultad de Ciencias Naturales, Universidad de Puerto Rico, Recinto 
de Rio Piedras, Rio Piedras, Puerto Rico.
Leopold, N. 1963. Checklist of birds of Puerto Rico and the Virgin 
Islands. Univ. of Puerto Rico Agric. Exp. Sta. Bull. 168.
Perez-Rivera, R., and R. Cotte-Santana. 1977. Algunas notas sobre 
los falconiformes residentes en Puerto Rico. Science-Ciencia 4:89-
95.
Raffaele, H.A. 1989. A guide of the Birds of Puerto Rico and the 
Virgin Islands. Princeton University Press, New Jersey.
Santana, E., and S. Temple. 1984. Management recommendations for the 
Puerto Rican parrot and Red-tail hawk in Luquillo Experimental 
Forest. Final Report to the U.S. Forest Service under Cooperative 
Agreement Contract No. 19-80-393.
Snyder, N.F., J.W. Wiley, and C.B. Kepler. 1987. The parrots of 
Luquillo: Natural history and conservation of the Puerto Rican 
parrot. Western Foundation of Vertebrate Zoology, Los Angeles, 
California.
Stahl, Agustin. 1883. Fauna de Puerto Rico. Aves. Clasificacion 
Sistematica de los Animales que Corresponden a esta Fauna y Catalogo 
del Gabinete del Dr. Agustin Stahl en Bayamon, Puerto Rico. Imprenta 
del Boletin Mercantil.
Wattel, J. 1973. Geographical differentiation in the genus 
Accipiter. Nuttall Ornithol. Club Publ. 13.
Wetmore, A. 1914. A new Accipiter from Puerto Rico with notes on the 
allied forms of Cuba and Sto. Domingo. Proc. Biol. Soc. Wash. 
27:119-122.
Wetmore, A. 1922. Bird remains from the caves of Porto Rico. Bull. 
Amer. Mus. Nat. Hist. 46:297-333.
Wetmore, A. 1927. The Birds of Porto Rico and the Virgin Islands. 
Scientific Survey of Puerto Rico and the Virgin Islands. Vol. IX. 
New York Academy of Sciences, New York, U.S.A.
Wiley, J.W., and G.P. Bauer. 1985. Caribbean National Forest, Puerto 
Rico. American Birds 39:12-18.

Author

    The primary author of this proposed rule is Ms. Marelisa Rivera, 
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. 17.11(h) by adding the following, in alphabetical 
order under ``BIRDS,'' to the List of Endangered and Threatened 
Wildlife, to read as follows:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * * 

----------------------------------------------------------------------------------------------------------------
             Species                                   Vertebrate                                               
----------------------------------                     population                                               
                                   Historic range        where        Status      When      Critical    Special 
   Common name    Scientific name                    endangered or               listed     habitat      rules  
                                                      threatened                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                  * * * * * * *                                                 
Birds:                                                                                                          
                                                                                                                
                                                  * * * * * * *                                                 
Hawk, Puerto      Buteo            U.S.A. (PR)....  Entire.........  E               550           NA         NA
 Rican broad-      platypterus                                                                                  
 winged.           brunnescens.                                                                                 
Hawk, Puerto      Accipiter        U.S.A. (PR)....  Entire.........  E               550           NA         NA
 Rican sharp-      striatus                                                                                     
 shinned.          venator.                                                                                     
                                                                                                                
                                                  * * * * * * *                                                 
----------------------------------------------------------------------------------------------------------------

    Dated: August 26, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-22369 Filed 9-8-94; 8:45 am]
BILLING CODE 4310-55-P