Federal Register, Volume 59 Issue 226 (Friday, November 25, 1994)

[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