[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.

* * * * *
    (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