[Federal Register Volume 60, Number 17 (Thursday, January 26, 1995)]
[Proposed Rules]
[Pages 5159-5162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1911]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AD06
Endangered and Threatened Wildlife and Plants; Proposed
Endangered Status for Brother's Island Tuatara
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Service proposes to determine endangered status for the
Brother's Island tuatara (Sphenodon guntheri), a reptile of New
Zealand. Although already legally covered by an endangered
classification, this species previously was considered part of the
related and more widespread tuatara, Sphenodon punctatus. Both species
are threatened by various factors, especially predation from introduced
rats. This proposal, if made final, would continue the protection of
the Endangered Species Act of 1973, as amended (Act), for the Brother's
Island tuatara.
DATES: Comments on the proposed rule must be submitted by April 26,
1995. Public hearing requests must be received by March 13, 1995.
ADDRESSES: Comments, information, and questions should be submitted to
the Chief, Office of Scientific Authority; Mail Stop: Room 725,
Arlington Square; U.S. Fish and Wildlife Service; Washington, D.C.
20240 (FAX number 703-358-2276). Express and messenger-delivered mail
should be addressed to the Office of Scientific Authority; Room 750,
4401 North Fairfax Drive; Arlington, Virginia 22203. Comments and
materials received will be available [[Page 5160]] for public
inspection, by appointment, from 8:00 a.m. to 4:00 p.m., Monday through
Friday, at the Arlington, Virginia address.
FOR FURTHER INFORMATION CONTACT: Dr. Charles W. Dane, Chief, Office of
Scientific Authority, at the above address (phone 703-358-1708).
SUPPLEMENTARY INFORMATION
Background
Tuataras are a unique group of lizardlike reptiles now restricted
to New Zealand and represented by the single genus Sphenodon. Because
of excessive human hunting and predation by introduced animals,
especially rats, tuataras are now found only on various small islands
off the coast of the two main islands of New Zealand. For many years,
the prevailing view among zoologists was that the living tuataras
represented only the single species Sphenodon punctatus, and that was
the only species on the U.S. List of Endangered and Threatened Wildlife
(June 2, 1970; 35 FR 8495).
A recent paper (Daugherty, C.H., A. Cree, J.M. Hay, and M.B.
Thompson, 1990, ``Neglected taxonomy and continuing extinctions of
tuatara,'' Nature: 347:177-179) pointed out that, based on a
morphological and genetic analysis, a second species, S. guntheri,
survived on North Brother Island in Cook Strait. S. guntheri actually
had been first described in 1877, but over time had come to be regarded
as just a component of S. punctatus. The population of tuatara on North
Brother Island was known at the time that S. punctatus was listed as
endangered pursuant to the Act and was considered to be a population of
S. punctatus. The recognition of S. guntheri as a distinct species may
provide it with increased conservation attention, thereby helping to
ensure its continued survival on the one small island from which it is
known.
The above technical paper explaining the status of S. guntheri was
only recently brought to the attention of the U.S. Fish and Wildlife
Service (Service) through the kindness of Ms. Cheri L. Hosley of
Brownstown, Michigan. Subsequently, the Service contacted several
authorities, who supported recognition of S. guntheri as a distinct
species, and also the Government of New Zealand, which responded
favorably. Finally, the World Conservation Union's 1994 IUCN Red List
of Threatened Animals designates S. guntheri as a full species and as
endangered.
The above information has persuaded the Service of the need to
distinguish S. guntheri as a separate species on the List of Endangered
and Threatened Wildlife, and to classify it there as endangered,
together with the species S. punctatus. It is emphasized that the
reptiles included within S. guntheri are already legally covered by an
endangered species classification and will remain so until a final
decision on this proposal. This proposal does not impact or otherwise
change the legal status of either species and does not affect the kinds
of activities that are permitted or prohibited.
Summary of Factors Affecting the Species
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 set forth the procedures for adding
species to the Federal Lists. A species may be determined to be
endangered or threatened due to one or more of the following five
factors described in Section 4(a)(1). These factors and their
application to the Brother's Island tuatara (Sphenodon guntheri) are as
follows (information from Daugherty et al. 1990, as indicated above):
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Sphenodon guntheri is known only
from North Brother Island in Cook Strait, New Zealand. The island has
an area of only about 10 acres (4 hectares), and the tuatara population
is restricted to only about 4.2 acres (1.7 hectares) of scrub habitat
on top of the island. The population consists of fewer than 300 adults.
Introduced rats, rabbits, goats, and other animals have damaged
habitat of other tuatara populations and could potentially do the same
on North Brother Island if S. guntheri is not recognized as needing
special conservation attention.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Not currently known to be a problem. However,
automation of the island lighthouse in 1990 led to departure of the
resident keepers who had deterred illegal landings and poaching for 123
years. The very small tuatara population could thus be vulnerable to
human hunting and harassment.
C. Disease or predation. Predation by introduced rats, dogs, cats,
and pigs have been a severe problems for other tuatara populations.
Deliberate or accidental introduction of even a few such animals on
North Brother Island could be disastrous for the tiny tuatara
population there. Departure of the lighthouse keepers and failure to
recognize S. guntheri as a unique species warranting special
conservation attention could open the way for such a disaster.
D. The inadequacy of existing regulatory mechanisms. Although all
tuataras have long received complete legal protection, there has been
no recognition of separate and highly restricted species or subspecies,
such as S. guntheri, that might require special protection and
management in order to survive. The departure of the lighthouse keepers
from North Brother Island in 1990 has made S. guntheri especially
vulnerable in this regard.
E. Other natural or manmade factors affecting its continued
existence. Small and restricted animal populations, especially if
adversely affected through human agency, are highly susceptible to
natural disasters and to reduction of genetic viability.
The decision to propose endangered status for the Brother's Island
tuatara was based on an assessment of the best available scientific
information, and of past, present, and probable future threats to this
species. It occurs in very small numbers in a highly restricted range
and is vulnerable to a variety of problems. If this reptile is not
given appropriate recognition and protection, extinction will become
more likely. Critical habitat is not being proposed, as such
designation is not applicable to foreign species.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened pursuant to the Act include recognition, requirements for
Federal protection, and prohibitions against certain practices.
Recognition through listing encourages conservation measures by
Federal, international, and private agencies, groups, and individuals.
Section 7(a) of the Act, as amended, and as implemented by
regulations at 50 CFR Part 402, requires Federal agencies to evaluate
their actions that are to be conducted within the United States or on
the high seas, with respect to any species that is proposed or listed
as endangered or threatened and with respect to its proposed or
designated critical habitat (if any). 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
proposed Federal action may affect a listed species, the responsible
Federal agency must enter [[Page 5161]] into formal consultation with
the Service. No such activities are currently known with respect to the
species covered by this rule.
Section 8(a) of the Act authorizes the provision of limited
financial assistance for the development and management of programs
that the Secretary of the Interior determines to be necessary or useful
for the conservation of endangered species in foreign countries.
Sections 8(b) and 8(c) of the Act authorize the Secretary to encourage
conservation programs for foreign endangered species and to provide
assistance for such programs, in the form of personnel and the training
of personnel.
Section 9 of 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, import or export, ship in interstate commerce in the course of
commercial activity, or sell or offer for sale in interstate or foreign
commerce any endangered wildlife. It also is illegal to possess, sell,
deliver, transport, or ship any such wildlife that has been taken in
violation of the Act. Certain exceptions apply to agents of the Service
and State conservation agencies.
Permits may be issued to carry out otherwise prohibited activities
involving endangered wildlife under certain circumstances. Regulations
governing permits are codified at 50 CFR 17.22 and 17.23. Such permits
are available for scientific purposes, to enhance propagation or
survival, or for incidental take in connection with otherwise lawful
activities.
Public Comments Solicited
The Service intends that any final rule adopted will be accurate
and as effective as possible in the conservation of endangered or
threatened species. Therefore, comments and suggestions concerning any
aspect of this proposed rule are hereby solicited from the public,
concerned governmental agencies, the scientific community, industry,
private interests, and other parties. Comments particularly are sought
concerning the following:
(1) biological, commercial, or other relevant data concerning any
threat (or lack thereof) to the subject species;
(2) the location of any additional populations of the subject
species;
(3) additional information concerning the distribution of this
species; and
(4) current or planned activities in the involved areas, and their
possible effect on the subject species.
Final promulgation of the regulations on the subject species will
take into consideration the comments and any additional information
received by the Service, and such communications may lead to a final
decision that differs from this proposal.
The Endangered Species Act provides for a public hearing on this
proposal, if requested. Requests must be filed within 45 days of the
date of publication of the proposal, must be in writing, and should be
directed to the party named in the above ADDRESSES section.
National Environmental Policy Act
The 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, as amended. A
notice outlining the Service's reasons for this determination was
published in the Federal Register of October 25, 1983 (48 FR 49244).
Author
The primary author of this proposed rule is Ronald M. Nowak, Office
of Scientific Authority, U.S. Fish and Wildlife Service, Washington,
D.C. 20240 (phone 703-358-1708).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Proposed Regulation Promulgation
Accordingly, the Service hereby proposes to amend part 17,
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
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 revising the entry for ``Tuatara'' under
REPTILES to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
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(h) * * *
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Species Vertebrate population
-------------------------------------------------- Historic range where endangered or Status When listed Critical Special
Common name Scientific name threatened habitat rules
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Reptiles
* * * * * * *
Tuatara................. Sphenodon punctatus.... New Zealand............ Entire................. E 3____ NA N/A
Tuatara Brother's Island Sphenodon guntheri..... Zealand (N. Brotherns). Entire................. E 3____ N/A N/A
* * * * * * *
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[[Page 5162]] Dated: December 20, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-1911 Filed 1-25-95; 8:45 am]
BILLING CODE 4310-55-P