[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Proposed Rules]
[Pages 51432-51436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24334]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 17
RIN 1018-AD52
Endangered and Threatened Wildlife and Plants; Proposed
Threatened Status for the Guajon
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Fish and Wildlife Service (Service) proposes to determine
the guajon (Eleutherodactylus cooki) to be a threatened species
pursuant to the Endangered Species Act (Act) of 1973, as amended. The
guajon is endemic to Puerto Rico and is restricted to the Pandura
mountain range in the southeastern part of the island. It is threatened
in this area by agricultural, rural, and industrial development and the
associated infrastructure. This proposal, if made final, will implement
the Federal protection and recovery provisions afforded by the Act for
E. cooki.
DATES: Comments from all interested parties must be received by
December 1, 1995. Public hearing requests must be received by November
16, 1995.
[[Page 51433]]
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Field Supervisor, Caribbean Field Office, U.S. Fish and
Wildlife Service, P.O. Box 491, Boqueron, Puerto Rico 00622. Comments
and materials received will be available for public inspection, by
appointment, during normal business hours at this office, 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) or Mr. William C. Hunter at the
Atlanta, Georgia, Regional Office address (404/331-3580).
SUPPLEMENTARY INFORMATION:
Background
With over 400 described species, Eleutherodactylus is the largest
vertebrate genus. Two major centers of species diversity occur:
northwestern South America and the West Indies. Almost all species
possess ``t-shaped'' terminal phalanges, probably an adaptation for
climbing and reproductively, these frogs have direct development,
allowing for reproduction away from water. In the West Indies,
Eleutherodactylus species are a dominant amphibian group. No single
species is naturally found on more than one of the four Greater
Antilles, and most are restricted to small areas within an island
(Hedges 1989). Seventeen species of this genus are known from Puerto
Rico and collectively, they are commonly known as ``coquis'' (Rivero
1978, Moreno 1991).
The guajon (Eleutherodactylus cooki), also known commonly as
``demon of Puerto Rico'' or ``demonio de Puerto Rico,'' is a relatively
large frog, approximately 8.5 centimeters (3.3 inches) in length. It is
solid brown in color, although males and some females may have a yellow
throat. In both sexes, the frogs have large, white-rimmed eyes, giving
the species a specter or phantom-like appearance. It is characterized
by having large truncate discs and by a peculiar, melodious and low
voice which is completely different from any other species of
Eleutherodactylus in Puerto Rico (Rivero 1978). Rivero (1978) states
that its peculiar calling and phantom-like appearance made many local
people fearful of the species, believing that the mere sight of an
animal would be fatal.
The guajon, first collected in 1932, is known only from the Pandura
range in southeastern Puerto Rico and west to Patillas/San Lorenzo
where it lives in crevices and grottoes in and among boulders. Such
grottoes are commonly referred to as guajonales. It is from the
grottoes or guajonales that the frog derives its name, the guajon. The
species is apparently limited in distribution by the rock formation
where it occurs (Rivero 1978, Joglar 1992). Joglar (1992) documented
population fluctuations, apparently related to precipitation and
temperature. Numbers are lowest during the winter months, during the
period of least rainfall and lowest temperatures. The number of egg
clutches and juveniles was greatest during the months of October and
September. Eggs are laid on the humid faces of boulders within the
grottoes and the clutches of up to 59 eggs are apparently guarded by
the males (Rivero 1978).
During surveys conducted by Drewry (1986) and Joglar (1992), the
guajon was found at its historical localities, all of which occur
within the municipalities of Yabucoa and San Lorenzo. Little historical
data are available on abundance, therefore, reductions in populations
are difficult to document. Nevertheless, E. cooki is endemic to Puerto
Rico, extremely restricted in geographical distribution and occurs only
on privately-owned lands. Threats include fire, deforestation and earth
movement for agricultural activities and rural development, road
construction, including the construction of a major four lane highway,
and the construction of a reservoir.
Previous Federal Action
In the Service's notices of review for vertebrate candidates
published in the Federal Register of December 30, 1982 (47 FR 58454),
September 18, 1985 (50 FR 37958), January 6, 1989 (55 FR 17475) and
November 21, 1991 (56 FR 58804), Eleutherodactylus cooki was included
as a category 2 species. Category 2 species (now recognized as species
of concern to the Service) are taxa for which there is information to
indicate that listing may be appropriate, but for which there is
insufficient data to support a listing proposal.
During a symposium/workshop on Puerto Rican reptiles and amphibians
held in Puerto Rico in April of 1990, Moreno (1991) believed that the
guajon was declining and in urgent need of a status survey. Status
surveys conducted in 1991 and 1992 indicated that the guajon is
extremely restricted in distribution and currently faces significant
threats (Joglar 1992). The Service recently elevated the guajon to
candidate status and is proposing it for threatened status.
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 five factors
described in section 4(a)(1). These factors and their application to
the guajon (Eleutherodactylus cooki) are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
The guajon is only known from the municipalities of Yabucoa and San
Lorenzo in the Pandura mountain range in the extreme southeastern
corner of Puerto Rico. Deforestation and earth movement for
agricultural and rural development have encroached upon known habitat
of the species. Road construction and the associated cut and fill has
eliminated habitat (Drewry 1986). A major four lane highway is
currently proposed through the area, as is the construction of a major
reservoir.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Although not previously identified as a determinant factor in the
decline of the guajon specifically, scientific collecting of related
species of coqui in Puerto Rico has contributed to declines. In a
survey of only seven museums in both Puerto Rico and the United States,
numerous specimens of the web-footed coqui (E. karlschmidti) and the
mottled coqui (E. eneidae) were located, with a total of 473 preserved
individuals of the former and 325 of the latter species (Joglar 1992).
Both of these related species' status are under evaluation by the
Service because of their extreme rarity. Collection of
Eleutherodactylus sp. for use in local art has also been documented,
and such activities are currently being evaluated by the Commonwealth
government for possible regulation.
C. Disease or Predation
Disease has not been documented as a factor in the decline of this
species. However, examination of both preserved and live specimens of
the guajon revealed that the species is parasitized by the tick
Ornithodoros talaje. Nevertheless, the effect of this parasite on the
guajon has yet to be studied (Joglar 1992). Introduced species such as
cats, rats and mongoose, active at night,
[[Page 51434]]
may adversely affect densities of this species by feeding on the frogs
and their eggs.
D. The Inadequacy of Existing Regulatory Mechanisms
The guajon is not currently protected by Commonwealth regulations.
Federal listing will provide immediate protection for the species and
enhance its protection and possibilities for funding needed research.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
The decline in populations of amphibians has become apparent
globally. Factors which may be responsible for the decline of
amphibians include: habitat destruction and modification, acid rain,
pesticide contamination, introduction of non-native predators and
competitors, agriculture, mining and logging, increased levels of
ultraviolet radiation, collection, and global climatic change (Wake and
Morowitz 1991).
Flash floods, droughts, and catastrophic storms, such as Hurricane
Hugo which occurred in 1989, may have caused localized extirpations of
other species of Eleutherodactylus in specific areas in Puerto Rico
(Burrowes and Joglar 1991, Joglar 1992). Hurricane Hugo negatively
affected the abundance of E. portoricensis, a species which is not
abundant and is restricted in distribution (Joglar and Burrowes 1991).
The guajon is endemic to Puerto Rico and extremely restricted in
distribution, it is known only from the southeastern part of the
island.
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
Eleutherodactylus cooki as threatened. Since the species is extremely
restricted in distribution and specialized in habitat. Activities such
as dam and road construction and land conversion to agriculture
threaten to significantly reduce available habitat. While not in
immediate danger of extinction, the guajon is likely to become an
endangered species in the foreseeable future if present threats
continue. The reasons for not proposing critical habitat for these
species are discussed below in the ``Critical Habitat'' section.
Critical Habitat
Critical habitat is defined in section 3 of the Act as: (i) The
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
considerations or protection and; (ii) specific areas outside the
geographical area occupied by a species at the time it is listed, upon
a determination that such areas are essential for the conservation of
the species. ``Conservation'' means the use of all methods and
procedures needed to bring the species to the point at which listing
under the Act is no longer necessary.
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, the Secretary designate critical habitat at the time
the species is determined to be endangered or threatened. The Service
finds that the designation of critical habitat is not prudent for the
guajon. Service 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--(1) The species is threatened by taking or
other human activity, and identification of critical habitat can be
expected to increase the degree of threat to the species, or (2) such
designation of critical habitat would not be beneficial to the species.
While collection has not been documented as contributing to the
decline of the guajon specifically, large numbers of other
Eleutherodactylus species, including several identified as species at
risk, have been documented in scientific collections. Collection of
Eleutherodactylus sp. has been documented for use by local artisans,
and such collection is currently under evaluation by the Commonwealth
government for possible regulation. In addition, due to appearance of
the animal, Rivero (1978) stated that local people were fearful of
them. This fear could lead to killing of guajon.
The guajon is rare and restricted in range, and taking for
scientific purposes and private collection would pose a serious threat
to the species if specific site information were released. The
publication of critical habitat maps in the Federal Register and local
newspapers and other publicity accompanying critical habitat
designation would likely increase the collection threat and increase
the potential for vandalism if such designation were proposed. The
Service believes, therefore, that the identification of critical
habitat may increase the threat to the species. The locations of
populations of this species have consequently been described only in
general terms in this proposed rule. Any existing precise locality data
would be available to appropriate Federal, State, and local government
agencies from the Service office described in the ADDRESSES section.
Regulations promulgated for implementing section 7 of the Act
provide for both a jeopardy standard, based on listing alone, and for a
destruction or adverse modification standard, in cases where critical
habitat has been designated. The guajon occupies an extremely
restricted geographic area in Puerto Rico and, once listed, the Service
believes that protection of guajon habitat can be accomplished through
the section 7 jeopardy standard, and through section 9 prohibitions
against take.
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 results in
conservation actions by Federal, Commonwealth, and private agencies,
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 taking and harm 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)(4) requires Federal agencies to confer with the
Service on any action that is likely to jeopardize the continued
existence of a species proposed for listing or result in destruction or
adverse modification of proposed critical habitat. If a species is
listed subsequently, 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 the species or 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.
[[Page 51435]]
Federal agency actions that may require conference and/or
consultation as described in the preceding paragraph include: the Army
Corps of Engineers and/or National Resource Conservation Service
(previously Soil Conservation Service) involvement in the construction
of a reservoir; Farmer's Home Administration funding of water, sewer,
and power lines as well as residential developments; and the Federal
Highway Administration's involvement in the construction of small roads
and a major highway through the area.
The Act and its implementing regulations set forth a series of
general trade prohibitions and exceptions that apply to all threatened
wildlife. The prohibitions, codified at 50 CFR 17.21 and 17.31, in
part, make it illegal for any person subject to the jurisdiction of the
United States to take (includes harass, harm, pursue, hunt, shoot,
wound, kill, trap, or collect; or to attempt any of these), 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 listed species. It is also illegal to possess, sell, deliver,
carry, transport, or ship any such wildlife that has been taken
illegally. Certain exceptions apply to agents of the Service and
Commonwealth conservation agencies.
Permits may be issued to carry out otherwise prohibited activities
involving threatened wildlife species under certain circumstances.
Regulations governing permits are at 50 CFR 17.32. Such permits are
available for scientific purposes, to enhance the propagation or
survival of the species, and/or for incidental take in connection with
otherwise lawful activities. For threatened species, permits are also
available for zoological exhibition, educational purposes, or special
purposes consistent with the purposes of the Act. Requests for copies
of the regulations regarding listed wildlife and inquiries about
prohibitions and permits may be addressed to the Service's Southeast
Regional Office, 1875 Century Boulevard, Atlanta, Georgia 30345 (404/
679-7110).
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 listing on proposed or ongoing activities. The only known
populations of guajon are located on privately-owned land. The Service
believes that, based on the best available information, the following
actions will not result in a violation of section 9, provided these
activities are carried out in accordance with existing regulations and
permit requirements:
(1) Momentary moving of an individual guajon out of danger (e.g.,
road, path);
(2) Possession of legally acquired guajon, under Service-approved
permitted conditions; and
(3) Federally approved projects that involve activities, such as,
dam and road construction, earth movement for agricultural activities
and rural development, or diversion or alteration of surface or ground
water flow into or out of grottoes (e.g., due to roads, impoundments,
discharge pipes, storm water detention basins, etc.), when such
activity is conducted in accordance with any reasonable and prudent
measures given by the Service in accordance with section 7 of the Act.
Activities that the Service believes could potentially result in
``take'' of the guajon, include, but are not limited to:
(1) Unauthorized collecting or capture of the species, except as
noted above to momentarily move an individual out of harm's way;
(2) Purposeful introduction of exotic species, such as cats, rats
and mongoose, that may adversely affect densities of this species by
feeding on adults or eggs;
(3) Unauthorized destruction/alteration of the species' habitat
(e.g., rock removal, discharge of fill materials, earth movement for
agricultural activities and rural development, or diversion or
alteration of surface or ground water flow into or out of grottoes)
when such activity is not conducted in accordance with section 7 of the
Act;
(4) Pesticide applications in violation of label restrictions; and
(5) Discharges or dumping of toxic chemicals, silt, or other
pollutants into areas supporting this species.
Questions regarding whether specific activities will constitute a
violation of section 9 should be directed to the Field Supervisor of
the Service's Caribbean Field 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 (404/679-7096).
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning any aspect of this proposed rule are hereby solicited.
Comments particularly are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to the guajon;
(2) The location of any additional populations of this species, and
the reasons why any habitat should or should not be determined to be
critical habitat pursuant to section 4 of the Act;
(3) Additional information concerning the range, distribution and
population size of this species; and
(4) Current or planned activities in the subject areas and their
possible impacts on this species.
Final promulgation of the regulation on the guajon will take into
consideration the comments and any additional information received by
the Service, and such communications may lead to a final regulation
that differs from this proposal.
The Endangered Species Act provides for one or more public hearings
on this proposal, if requested. Requests must be filed within 45 days
of the publication of the proposal in the Federal Register. Such
requests must be made in writing and addressed to the Field Supervisor,
Caribbean Field Office, U.S. Fish and Wildlife Service, P.O. Box 491,
Boqueron, Puerto Rico 00622.
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
Burrowes, P.A., and R.L. Joglar. 1991. A survey of the population
status and an ecological evaluation of three Puerto Rican frogs. In
J.A. Moreno, ed., Status y Distribucion de los Anfibios y Reptiles
de Puerto Rico. Publ. Cien. Misc. No.1. pp. 42-46. Departamento de
Recursos Naturales y Ambientales, San Juan, Puerto Rico.
Drewry, G.E. 1986. Golden coqui recovery survey and brief status
evaluation of five other Puerto Rican Eleutherodactylus species.
Trip report prepared for the Caribbean Field Office, U.S. Fish and
Wildlife Service. 49 pp.
Hedges, S.B. 1989. Evolution and biogeography of West Indian frogs
of the genus Eleutherodactylus: slow-evolving
[[Page 51436]]
loci and the major groups. In Biogeography of the West Indies: 305-370.
Joglar, R.S., and P.A. Burrowes. 1991. El efecto del Huracan Hugo
sobre una comunidad de anfibios en El Yunque, Puerto Rico y algunas
recomendacions para la proteccion de las especies del genero
Eleutherodactylus. In J.A. Moreno, ed., Status y Distribucion de los
Anfibios y Reptiles de Puerto Rico. Publ. Cien. Misc. No.1. pp. 47-
52. Departamento de Recursos Naturales y Ambientales, San Juan,
Puerto Rico.
Joglar, R.L. 1992. Status survey of four species of
Eleutherodactylus: Final report. Report prepared for the Caribbean
Field Office, Fish and Wildlife Service. 41 pp.
Moreno, J.A. (ed.) 1991. Status y Distribucion de los Anfibios y
Reptiles de Puerto Rico. Publ. Cien. Misc. No. 1. Departamento de
Recursos Naturales y Ambientales de Puerto Rico. San Juan, Puerto
Rico 67 pp.
Rivero, J.A. 1978. Los Anfibios y Reptiles de Puerto Rico. U.P.R.
Editorial Universitaria. San Juan, Puerto Rico 152 pp.
Wake, D.B., and H.J. Morowitz. 1991. Declining amphibian
populations--a global phenomenon? Findings and recommendations.
Alytes 9(2): 33-42.
Author
The primary author of this proposed 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.
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. It is proposed to amend 17.11(h) by adding the following, in
alphabetical order under AMPHIBIANS, to the list of Endangered and
Threatened Wildlife to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
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Species Vertebrate
---------------------------------- population
Historic range where Status When Critical Special
Common name Scientific name endangered or listed habitat rules
threatened
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* * * * * *
*
Amphibians
* * * * * *
*
Guajon.......... Eleutherodactyl U.S.A. (PR).... NA............. T ........ NA NA
us cooki.
* * * * * *
*
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Date: September 19, 1995.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-24334 Filed 9-29-95; 8:45 am]
BILLING CODE 4310-55-P