[Federal Register Volume 60, Number 44 (Tuesday, March 7, 1995)]
[Rules and Regulations]
[Pages 12483-12487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5508]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC28


Endangered and Threatened Wildlife and Plants; Determination of 
Threatened Status for Gesneria pauciflora

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Service determines Gesneria pauciflora (no common name) to 
be a threatened species pursuant to the Endangered Species Act (Act) of 
1973, as amended. This small shrub is endemic to Puerto Rico, where 
only three populations are known to exist in the western mountains in 
the municipalities of Maricao and Sabana Grande. The species is 
threatened by the potential for natural disasters and modification of 
its highly restricted habitat. This final rule extends the Act's 
protection and recovery provisions to Gesneria pauciflora.

EFFECTIVE DATE: April 6, 1995.

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 [[Page 12484]] 491, 
Boqueron, Puerto Rico 00622; and at the Service's Southeast Regional 
Office, 1875 Century Boulevard, Atlanta, Georgia 30345.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Silander at the Caribbean 
Field Office address (809/851-7297).
SUPPLEMENTARY INFORMATION:

Background

    Gesneria pauciflora is a small shrub currently known from only 
three populations in the western mountains of Puerto Rico. It was 
discovered by the German botanical collector Paul Sintenis on December 
3, 1884, at ``Indiera Fria'' in Maricao, Puerto Rico. Numerous other 
botanists collected the plant from this same location throughout the 
years. A second population was discovered recently in the municipality 
of Sabana Grande, near the headwaters of the Seco River and a third 
from a small tributary of the Lajas River. Herbarium specimens indicate 
that the species has also been collected in the past from the Yaguez 
River and from Cerro Las Mesas (D. Kolterman and G. Breckon, pers. 
comm.). Population estimates are difficult due to the plant's habit of 
growing in dense mats; however, the largest population (Maricao River) 
has been estimated at approximately 1,000 individuals and the second 
(Seco River) at 50 (Proctor 1991; CPC 1992). Plants are known to occur 
in clusters of few to numerous individuals. Each population consists of 
clusters or colonies of individuals. D. Kolterman and G. Breckon (pers. 
comm.) have indicated that the population of the Maricao River consists 
of 12 colonies; the Seco River of 3; and the Lajas River of 2.
    Gesneria pauciflora is a small gregarious shrub which may reach 30 
centimeters in height and 8 millimeters in diameter. Stems may be erect 
or decumbent and the bark is smooth, gray-brown, and glabrous. The 
leaves are alternate and the terete or flattened petioles are from 2 to 
7 millimeters long. Leaf blades are shaped like a narrow trowel, 2.8 to 
9.2 centimeters long and .9 to 2.3 centimeters wide, membranous, dark 
green and glossy above, and pilose along the prominent veins. The 
margin is subentire toward the cuneate base and serrate to sublobate 
above. The inflorescences are one to few-flowered and the peduncles 
from 6.1 to 15.3 centimeters long and slightly curved. The pedicels are 
1 to 2 centimeters long, reddish-brown, and pilose to glabrescent. The 
corolla is tubular, curved, 2 to 2.3 centimeters long, 4 millimeters 
wide at the base, narrowing to 3 millimeters but widening to 5 
millimeters at the middle and again narrowing to 4 millimeters at the 
mouth. The 5-lobed corolla is yellow to yellow-orange and densely 
pilose outside but glabrous inside. The fruit is a capsule, 
approximately 4 millimeters long and wide, gray-brown, glabrescent, 
with 5 to 10 not prominent ridges (Proctor 1991).
    At all known localities the species is found growing in rocky 
stream beds on wet serpentine rock, where water is constantly seeping. 
The plants may be submerged for a short time during periods of high 
water (D. Kolterman and G. Breckon, pers. comm.). The Maricao and Seco 
River localities are found within the Maricao Commonwealth Forest, 
managed by the Puerto Rico Department of Natural and Environmental 
Resources. However, the Lajas River population lies at the edge of the 
forested area and it is not certain whether the site falls within 
Commonwealth Forest property (D. Kolterman and G. Breckon, pers. 
comm.). The largest population is located in an area of steep unstable 
slopes and may be threatened by landslides and flood damage. Forest 
management practices such as trail construction may adversely affect 
the species. The Center for Plant Conservation (1992) assigned Gesneria 
pauciflora a priority 1 ranking, indicating that the plant could 
possibly go extinct in the wild within the next 5 years.

Previous Federal Action

    Gesneria pauciflora was recommended for Federal listing by the 
Smithsonian Institution (Ayensu and DeFilipps 1978). The species was 
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) and September 30, 1993 (58 FR 51144) 
notices of review. The species was designated as a category 1 species 
(species for which the Service has substantial information supporting 
the appropriateness of proposing to list them as endangered or 
threatened) in the notices of review published on February 21, 1990, 
and September 30, 1993.
    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 found that 
listing Gesneria pauciflora 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 Gesneria pauciflora, published on February 18, 1994 (59 FR 
8165), constituted the final 1-year finding for the species in 
accordance with Section 4(b)(3)(B)(ii) of the Act.

Summary of Comments and Recommendations

    In the February 18, 1994, 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 comment was published in the ``El Dia'' on March 18, 
1994. Four letters of comment were received and discussed below. A 
public hearing was neither requested nor held.
    The Puerto Rico Department of Natural and Environmental Resources, 
both the Terrestrial Ecology Section and the Natural Heritage Program, 
supported the listing of the species as threatened.
    The Puerto Rico Planning Board stated that although they did not 
have any proposed projects before them at this time that might affect 
the species, they would circulate the information within the agency in 
order that it could be considered upon receipt of projects.
    Dr. Duane Kolterman and Dr. Gary Breckon provided additional 
information on a recently discovered population along a tributary of 
the Lajas River in or near the Maricao Commonwealth Forest as well as 
on historical records, biological information and threats. They state 
that survival of the colonies is dependent on water flow, water level, 
siltation and land slippage and that any major clearing or water 
removal upstream or water impoundment downstream may potentially harm 
the species. They stated that because of the absence of a management 
program in the Commonwealth Forest and the apparent loss of the species 
at two historical collection sites, the species should be designated as 
endangered rather than threatened. The Service, however, believes that 
current threats to the species are not imminent and that a 
classification of threatened is more appropriate. [[Page 12485]] 

Summary of Factors Affecting the Species

    After a thorough review and consideration of all information 
available, the Service has determined that Gesneria pauciflora should 
be classified as a threatened species. Procedures found at section 
4(a)(1) of the Act and regulations implementing the listing provisions 
of the Act (50 CFR part 424) were followed. A species may be determined 
to be endangered or threatened due to one or more of the five factors 
described in section 4(a)(1). These factors and their application to 
Gesneria pauciflora are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. Gesneria pauciflora is known from 
only three populations in western Puerto Rico. Although at least two of 
the populations are found within the Maricao Commonwealth Forest, a 
management plan for the Forest has not been prepared. Activities within 
the Forest may increase the potential for erosion of the steep unstable 
slopes where the species occurs. Management practices such as trail 
construction may directly affect the species. Because the plant has not 
been found more than 1 meter above or away from the water, any water 
removal upstream or water impoundment downstream may adversely affect 
this plant (D. Kolterman and G. Breckon, pers. comm.). Due to water 
shortages experienced by the whole island, the number of proposed water 
intakes has increased, which would result in a lower flow of water.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. Although an attractive plant, taking for these 
purposes has not been a documented factor in the decline of this 
species.
    C. Disease or predation. Disease and predation have not been 
documented as factors in the decline of this 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, Gesneria pauciflora is not yet on the Commonwealth list. 
Federal listing will provide immediate protection and, when the species 
is ultimately placed on the Commonwealth list, enhance its protection 
and possibilities for funding needed research.
    E. Other natural or manmade factors affecting its continued 
existence. One of the most important factors affecting the continued 
survival of this species is its limited distribution. Because so few 
individuals are known to occur in a limited area, the magnitude of 
threat is extremely high. Landslides, floods and storm damage are 
natural occurrences that may affect the steep, unstable slopes 
associated with the species' habitat.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by this species in determining to propose this 
rule. Based on this evaluation, the preferred action is to list 
Gesneria pauciflora as threatened. Three populations are currently 
known, the largest one of which may contain as many as 1,000 
individuals; however, at least two occur on land managed by the 
Commonwealth. Although limited in distribution, the species does not 
appear to be in imminent danger of becoming extinct. Therefore, 
threatened rather than endangered status seems an accurate assessment 
of the species' condition. The reasons for not proposing critical 
habitat for this 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 exist: (i) The species is threatened by taking or 
other human activity, and identification of critical 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.
    The Service finds that designation of critical habitat is not 
prudent for this species due to the potential for taking and vandalism. 
The number of individuals of Gesneria pauciflora 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. 
The Service believes that 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 this species' habitat. Protection 
of this species' habitat will also be addressed through the recovery 
process and through the Section 7 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 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 certain activities involving listed plants are discussed, in 
part, below.
    Section 7(a) of the Act, as amended, required 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 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 Gesneria pauciflora, as discussed above. 
Federal involvement may occur through the use of federal funds (U.S. 
Department of Agriculture) for forest management practices.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to all threatened 
plants. All prohibitions of section 9(a)(2) of the Act, implemented by 
50 CFR 17.71, 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 plant, transport it in interstate or foreign 
commerce in the course of commercial activity, sell or offer it for 
sale in interstate or foreign commerce, or remove and reduce to 
possession the species from areas under Federal jurisdiction. Seeds 
from cultivated specimens of threatened plant species 
[[Page 12486]] are exempt from these prohibitions provided that a 
statement of ``cultivated origin'' appears on their containers. In 
addition, for plants listed as endangered, the Act prohibits the 
malicious damage or destruction on areas under Federal jurisdiction 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 apply to agents of the Service and Commonwealth conservation 
agencies. Section 4(d) of the Act allows for the provision of such 
protection to threatened species through regulation.
    The Act and 50 CFR 17.72 also provide for the issuance of permits 
to carry out otherwise prohibited activities involving threatened 
species under certain circumstances. Such permits are available for 
scientific purposes and to enhance the propagation or survival of the 
species. For threatened plants, permits also are available for 
botanical or horticultural exhibition, educational purposes, or special 
purposes consistent with the purposes of the Act.
    It is the policy of the Service published in the Federal Register 
on July 1, 1994 (59 FR 34272), to identify to the maximum extent 
practicable at the time of listing those activities that would or would 
not constitute a violation of section 9 of the Act. The intent of this 
policy is to increase public awareness of the effect of the listing on 
proposed or ongoing activities. Two of the three known populations of 
Gesneria pauciflora are located in the Maricao Commonwealth Forest. The 
third population lies on the border of the Maricao Forest and the 
ownership of this site is uncertain. Since there is no Federal 
ownership, and the species is not currently in trade, the only 
potential section 9 involvement would relate to removing or damaging 
the plant in knowing violation of Commonwealth law, or in knowing 
violation of Commonwealth criminal trespass 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 may be addressed to the U.S. Fish and Wildlife 
Service, Regional Permit Coordinator, 1875 Century Boulevard, Suite 
200, Atlanta, Georgia 30345 (404/697-7110).

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, Washington, D.C. xv + 403 pp.
Center for Plant Conservation. 1992. Report on the rare plants of 
Puerto Rico. Center for Plant Conservation, Missouri Botanical 
Garden, St. Louis, Missouri.
Proctor, G. R. 1991. Status report on Gesneria pauciflora Urban. In 
Puerto Rican plant species of special concern: status and 
recommendations. Publicacion Cientifica Miscelanea No. 2, Department 
of Natural Resources, San Juan, Puerto Rico.

Author

    The primary author of this final rule is Ms. Susan Silander, 
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. Section 17.12(h) is amended by adding the following, in 
alphabetical order under flowering plants, to the list of Endangered 
and Threatened Plants:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

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                     Species                                                                                                                            
--------------------------------------------------      Historic range            Family name           Status     When listed    Critical     Special  
     Scientific name            Common name                                                                                       habitat       rules   
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    Flowering Plants                                                                                                                                    
                                                                                                                                                        
                  *                  *                  *                  *                   *                 *                   *                  
Gesneria pauciflora.....  None...................  USA (PR)...............  Gesneriaceae...........  T                     578           NA           NA
                                                                                                                                                        
                  *                  *                  *                  *                   *                 *                   *                  
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    [[Page 12487]] Dated: February 15, 1995.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-5508 Filed 3-6-95; 8:45 am]
BILLING CODE 4310-55-P