[Federal Register Volume 59, Number 226 (Friday, November 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29069]


[[Page Unknown]]

[Federal Register: November 25, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC04

 

Endangered and Threatened Wildlife and Plants; Two Puerto Rican 
Trees Determined To Be Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service) determines Eugenia 
haematocarpa (uvillo) and Pleodendron macranthum (chupacallos) to be 
endangered species pursuant to the Endangered Species Act (Act) of 
1973, as amended. Both species are small trees endemic to Puerto Rico. 
They are variously threatened by habitat destruction and modification, 
forest management practices, hurricane damage, restricted distribution, 
and possible collection. This final rule implements Federal protection 
and recovery provisions for these species as provided by the Act.

EFFECTIVE DATE: December 27, 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 the Service's Southeast Regional Office, 1875 Century 
Boulevard, Atlanta, Georgia 30345-3301.

FOR FURTHER INFORMATION CONTACT: Mr. Eugenio Santiago-Valentin 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

    Eugenia haematocarpa was first collected in 1939 from Barrio 
Maizales in the municipality of Naguabo by Leslie R. Holdridge but was 
named in 1963, 24 years later, by Henri Alain Liogier (Little et al. 
1974; Proctor, pers. comm.). Since then, subsequent collections have 
been made from the El Verde area of the Luquillo mountains, and it was 
also recently discovered (in 1990) from a privately-owned property 
located adjacent to the Carite Commonwealth Forest.
    Eugenia haematocarpa is a small tree, 6 meters (20 feet) tall and 
12-13 centimeters (4.8-5.2 inches) in diameter. The elliptic leathery 
leaves are 13-18 centimeters (5.2-7.2 inches) long, 6-8 centimeters 
(2.4-3.2 inches) wide, almost stalkless, hairless, dull dark green on 
the upper surface, and light green beneath. Blades contain many 
slender, slightly raised side veins, forming a prominent network. The 
flowers are produced on trunks, with slender, nearly equal stalks. 
Flowers have a four-lobed rounded calyx, 1 millimeter (.04 inch) long; 
four rounded light pink petals 3 millimeters (.12 inch) long; and 
numerous stamens. The fruit is a dark red, round berry 2.3-2.9 
centimeters (.9-1.1 inch) in diameter, containing a 1.6 centimeter (.6 
inch) diameter seed.
    Eugenia haematocarpa is known from five localities in the wet 
montane forests of the Sierra de Luquillo and Sierra de Cayey. Less 
than 50 plants are known from four populations within the Caribbean 
National Forest, managed by the U.S. Forest Service. A population of 
approximately 15 plants occurs on private property adjacent to the 
Carite Commonwealth Forest in the Sierra de Cayey. The populations 
within the Caribbean National Forest may be affected by forest 
management practices. The population on private land may be affected by 
clearing of the vegetation. All the localities where the species occurs 
were impacted by Hurricane Hugo in 1989. The fact that the species 
produces edible fruits could make it an attractive one for collecting.
    Pleodendron macranthum was discovered by the French botanist August 
Plee in 1822-1823 and was first described by Baillon under the genus 
Cinnamodendron. In 1889 vanTieghem placed the species in the current 
genus, which honors its first collector (Vivaldi et al. 1981.)
    Pleodendron macranthum is an evergreen tree reaching 10 meters (33 
feet) in height, with leathery, alternate, simple leaves about 8.5-12.5 
centimeters (3.5-5.0 inches) long and 4.5-5.0 centimeters (1.7-2 
inches) wide. The blades are elliptic with the upper surface dark shiny 
green and the midvein sunken. The lower surface is pale green with a 
prominent mid vein and with fine, parallel side veins. The leaf stalks 
are about 7 millimeters (.25 inch) long. The whitish bisexual flowers 
are solitary and axillary, 2 centimeters (.8 inch) wide and with a 2.5 
centimeter (1 inch) long flower stalk. The cup-shaped calyx is 
persistent in the fruit, and the corolla contains 12 petals. The 
aromatic purplish black fruit measures 2 centimeters (.8 inch) in 
diameter and contains many seeds.
    No observation or collection of the species was made for more than 
40 years (Vivaldi et al. 1981). The species was rediscovered some years 
ago, and is at present known from fewer than 50 individuals in 7 
localities of the subtropical wet and the subtropical montane wet 
forests of northern and eastern Puerto Rico. Three localities are 
within the Caribbean National Forest and four within the Rio Abajo 
Commonwealth Forest. All the known sites may be impacted by forest 
management practices. The Caribbean National Forest was severely 
impacted by Hurricane Hugo in 1989.

Previous Federal Action

    Eugenia haematocarpa and Pleodendron macranthum are considered to 
be critical plants by the Natural Heritage Program of the Puerto Rico 
Department of Natural Resources. They are also considered rare plants 
by the Center for Plant Conservation (Center for Plant Conservation 
1992). Eugenia haematocarpa and Pleodendron macranthum were recommended 
for Federal listing by the Smithsonian Institution (Ayensu and 
DeFilipps 1978). Eugenia haematocarpa and Pleodendron macranthum 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. In the 1990 
notice, both species were designated as category 1 (species for which 
the Service has substantial information supporting the appropriateness 
of proposing to list them as endangered or threatened).
    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 made 
annual findings that listing Eugenia haematocarpa and Pleodendron 
macranthum 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 Eugenia 
haematocarpa, Pleodendron macranthum and one other species, published 
on September 24, 1993 (58 FR 49960), constituted the final 1-year 
finding in accordance with section 4(b)(3)(B)(ii) of the Act.
    The proposal to list Eugenia haematocarpa and Pleodendron 
macranthum also included the proposed listing of Coccoloba rugosa as 
threatened. After the proposed rule comment period had closed, the 
Service received information from a private consulting firm indicating 
the discovery of additional populations of Coccoloba rugosa and 
questioning the appropriateness of protecting the species under the 
Act. The Service has not been able to fully verify the new population 
data and will need additional time to conduct further surveys. This 
will likely take several months and cannot be completed in time for the 
usual 12-month deadline established by the Act for completing action on 
a proposed rule. The Act provides for a 6-month extension if there is 
substantial disagreement regarding the sufficiency or accuracy of the 
available data relevant to a final determination on a proposed listing. 
The Service finds there is substantial disagreement with regard to the 
population status of Coccoloba rugosa and, therefore, is extending the 
deadline for a final decision on this species. A notice to extend the 
deadline is published in the proposed rule section of today's Federal 
Register.

Summary of Comments and Recommendations

    In the September 24, 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 
October 10, 1993. Three letters of comment were received, one supported 
the listing, the other two provided information but did not indicate 
either support or opposition.

Summary of Factors Affecting the Species

    After a thorough review and consideration of all information 
available, the Service has determined that Eugenia haematocarpa and 
Pleodendron macranthum should be classified as endangered species. 
Procedures found at Section 4(a)(1) of the Act 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 Eugenia 
haematocarpa Alain and Pleodendron macranthum (Baill.) v. Tiegh are as 
follows:

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

    One of the five known populations of Eugenia haematocarpa in the 
Sierra de Cayey is located on private land and may be impacted by 
clearing of the vegetation. Although four of the five populations of 
Eugenia haematocarpa and all the known populations of Pleodendron 
macranthum are found on Federal and Commonwealth forest lands, the two 
species may be affected by forest management practices.

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

    Taking for these purposes has not been a documented factor in the 
decline of these tree species. However, these species may be very 
attractive for collectors due to their rarity.

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, Eugenia haematocarpa and Pleodendron macranthum are 
not yet on the Commonwealth list. Federal listing would provide 
immediate protection and, if the species are ultimately placed on the 
Commonwealth list, enhance their protection and possibilities for 
research funding.

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 number and distribution, which makes 
the risk of extinction extremely high. Hurricane Hugo in 1989 
dramatically affected the forests of eastern Puerto Rico. Both E. 
haematocarpa and P. macranthum are known from such a small number of 
individuals that loss of genetic variation may be a factor in their 
future survival.
    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 
Eugenia haematocarpa and Pleodendron macranthum as endangered. Eugenia 
haematocarpa and Pleodendron macranthum both occur at only a few 
localities and there are fewer than 75 individuals of each species. Due 
to their low numbers and limited distribution, any adverse impact is 
likely to have a serious effect on their survival. The precarious 
status of Eugenia haematocarpa and Pleodendron macranthum makes 
extinction a distinct possibility and warrants their classification as 
endangered species. 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. 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 exists: (i) The species is threatened by taking or 
other human activity, and identification of 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. 
Designation of critical habitat for the species would not be prudent 
for both reasons.
    The number of individuals of Eugenia haematocarpa and Pleodendron 
macranthum 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, which are difficult to enforce 
against and only partially regulated by the Act. Additionally, no 
Federal activity is anticipated as being likely to affect these species 
except possibly on U.S. Forest Service lands and lands owned by the 
U.S. Army and U.S. Navy.
    Critical habitat also would not provide 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. In the case of E. haematocarpa and P. macranthum, the only 
known suitable habitat is where these species currently occur. Because 
of the highly limited distribution of the species, 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 believes that any 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' habitats. Should Federal involvement occur, 
habitat protection will be addressed through the section 7 consultation 
process, utilizing the 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 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. 
Federal involvement is anticipated for populations of Eugenia 
haematocarpa and Pleodendron macranthum located in the Caribbean 
National Forest.
    The Act and its implementing regulations 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, apply. These prohibitions, in part, make it illegal for 
any person subject to the jurisdiction of the United States to import 
or export any threatened or endangered plant, transport it in 
interstate or foreign commerce in the course of a commercial activity, 
sell or offer it for sale in interstate or foreign commerce, or to 
remove and reduce the species to possession from areas under Federal 
jurisdiction. Seeds from cultivated specimens of threatened plant 
species are exempt from these prohibitions provided that a statement of 
``cultivated origin'' appears on their containers. In addition, for 
endangered plants, the 1988 amendments (Public Law 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 to the 
prohibitions apply to agents of the Service and the 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 plants under certain circumstances. It is anticipated that 
few permits for these species will ever be sought or issued, since the 
species are not known to be in cultivation for commercial trade and are 
uncommon in the wild.
    It is the policy of the Service (59 FR 34272) to identify to the 
maximum extent practicable those activities that would or would not 
constitute a violation of section 9 of the Act at the time of listing. 
The intent of this policy is to increase public awareness of the effect 
of the listing on proposed or ongoing activities. Of the seven known 
localities of Pleodendron macranthum all are located on public lands 
and of the five known localities of Eugenia haematocarpa all but one 
are located on public lands. Collection, damage or destruction of these 
species on Federal lands is prohibited, although in appropriate cases a 
Federal endangered species permit may be issued to allow collection. 
Such activities on non-Federal lands would constitute a violation of 
section 9 if conducted in violation of Commonwealth law. Section 
15.01(b) of the Commonwealth ``Regulation to Govern the Management of 
Threatened and Endangered Species in the Commonwealth of Puerto Rico,'' 
states: ``It is illegal to take, cut, mutilate, uproot, burn or 
excavate any endangered plant species or part thereof within the 
jurisdiction of the Commonwealth of Puerto Rico.'' The Service is not 
aware of any otherwise lawful activities being conducted or proposed by 
the public that will be affected by this listing and result in a 
violation of section 9.
    Questions regarding whether specific activities will constitute a 
violation of section 9 should be directed to the Field Supervisor of 
the Service's Caribbean Office (see ADDRESSES section). 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

Ayensu, E.S., and R. A. DeFilipps. 1978. Endangered and Threatened 
Plants of the United States. Smithsonian Institution and World 
Wildlife Fund, Inc., 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.
Little, E.L., R.O. Woodbury and F.H. Wadsworth. 1974. Trees of 
Puerto Rico and the Virgin Islands. Second volume. U.S. Department 
of Agriculture handbook no. 449. Washington, D.C. 1024 pp.
Vivaldi, J.L., and R.O. Woodbury. 1981. Status Report on Pleodendron 
macranthum (Baill.) van Tieghem. Unpublished report submitted to the 
U.S. Fish and Wildlife Service, Atlanta, Georgia. 38 pp.

Author

    The primary author of this final rule is Mr. Eugenio Santiago-
Valentin, 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; 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 FLOWERING PLANTS, 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                Family             Status    When listed    Critical    Special 
     Scientific name              Common name                                                                                       habitat      rules  
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     Flowering Plants                                                                                                                                   
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Eugenia haematocarpa.....  Uvillo..................  U.S.A. (PR).............  Myrtaceae...............  E                   564           NA         NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Pleodendron macranthum...  Chupacallos.............  U.S.A. (PR).............  Canellaceae.............  E                   564           NA         NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
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    Dated: September 14, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-29069 Filed 11-23-94; 8:45 am]
BILLING CODE 4310-55-P