[Federal Register Volume 62, Number 7 (Friday, January 10, 1997)]
[Rules and Regulations]
[Pages 1644-1647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-564]


      

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Part V





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Final Rules

  Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Rules 
and Regulations  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD48


Endangered and Threatened Wildlife and Plants; Determination of 
Endangered Status for the Plant Cordia Bellonis

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service) determines Cordia 
bellonis (no common name) to be endangered pursuant to the Endangered 
Species Act (Act) of 1973, as amended. This species is a shrub endemic 
to the island of Puerto Rico and it is restricted to three public 
forests--Maricao, Susua, and Rio Abajo. The species is threatened by 
habitat loss, some forest management practices, and restricted 
distribution. This final rule will implement the Federal protection and 
recovery provisions afforded by the Act for Cordia bellonis.

DATES: Effective February 10, 1997.

ADDRESSES: The complete file for this rule is available for inspection, 
by appointment, during normal business hours, at the Boqueron Field 
Office, U.S. Fish and Wildlife Service, P.O. Box 491, Boqueron, Puerto 
Rico 00622.

FOR FURTHER INFORMATION CONTACT: Ms. Marelisa Rivera at the Boqueron 
Field Office address (809/851-7297).

SUPPLEMENTARY INFORMATION:

Background

    Cordia bellonis was described by Urban in 1899 from specimens 
collected by Paul Sintenis at ``Monte Alegrillo'' in the municipality 
of Maricao, Puerto Rico (Urban 1899). The name of ``Monte Alegrillo'' 
has disappeared from use, but according to Proctor (1991), N.L. Britton 
referred to ``Monte Alegrillo'' as the peak at the extreme head of the 
Rio Maricao, with an elevation of 900 meters. This type location was 
developed for the installation of telecommunication towers. Paul 
Sintenis collected Cordia bellonis in the area known as Indiera Fria. 
The species was also collected by Britton and Brown in 1915 from Monte 
Cerrote near Adjuntas (Proctor 1991). Britton and Wilson (1925) 
described the species as Varronia bellonis and identified its 
distribution as mountain-sides in the vicinity of Maricao. Liogier and 
Martorell (1982) stated that the species distribution was the mountain 
slopes and serpentine hills in northwestern districts of Puerto Rico. 
Proctor (1991) reported only 4 individuals of Cordia bellonis from Cain 
Alto Ward in the Maricao Commonwealth Forest. Breckon and Kolterman 
(1993) reported 87 individuals at 17 localities in three areas in 
Maricao. Half of the localities consist of isolated individuals.
    The species was reported for the first time in Susua in 1992, where 
a small population of 5 individuals was found (Breckon and Kolterman 
1993). Cordia bellonis was also unknown from the Rio Abajo Commonwealth 
Forest until it was found in 1994 (Federal Highway Administration and 
Puerto Rico Highway and Transportation Authority 1994). Approximately 
118 individuals were found in 12 localities. Ninety-five (82 percent) 
of these individuals were removed for possible future reintroduction 
because of the construction of the road PR 10 (PR Highway and 
Transportation Authority 1995).
    Cordia bellonis has been found in serpentine soils at Maricao and 
Susua at road edges, river margins, and on steep slopes (Breckon and 
Kolterman 1993). In the Rio Abajo Forest, the species was found either 
on sunny banks along dirt roads growing in thickets of vegetation or in 
open saddles between limestone hills (Federal Highway Administration 
and Puerto Rico Highway and Transportation Authority 1994).
    Cordia bellonis is an arching to erect shrub of about 1 to 2 meters 
(3.3 to 6.6 feet) high with very slender twigs with short hairs. The 
leaves are alternate, oblong to oblong-lanceolate, 2 to 6 centimeters 
(0.79 to 2.36 inches) long, usually 2.5 to 3 times longer than wide. 
The corolla is white with 4 subcylindric lobes. The fruit is a pointed 
drupe, 5 millimeters (0.20 inches) in length (Proctor 1991). The white 
axillary flowers are unisexual and the plants are either male or female 
(dioecious) (Breckon and Kolterman 1993).
    The species is threatened by habitat destruction and modification, 
forest management practices, and restricted distribution. Eighty-two 
percent of the individuals known from the Rio Abajo Commonwealth Forest 
were removed from the forest for the construction of a highway. Breckon 
and Kolterman (1994) reported that 14 individuals from Maricao appeared 
to have been eliminated due to clearing along the roadside of the 
forest. In 1995, twenty additional individuals were apparently 
destroyed by the clearing which occurred for the reconstruction of Road 
362 in the Camp Santana area. Restricted distribution coupled with the 
requirement for adequate numbers of both male and female plants in a 
viable population are limiting factors for the species. In a large 
number of the localities where the species is found, the shrub occurs 
as isolated individuals. Because of forest destruction, less than half 
of the individuals previously known remain in these three forests.

Previous Federal Action

    Cordia bellonis was designated a candidate species in the Federal 
Register notice of review for plant taxa dated September 30, 1993 (58 
FR 51144). The species was recommended for listing by Proctor (1991) in 
a Status Report prepared for the species. In further studies conducted 
for the species, Breckon and Kolterman (1993) also recommended the 
species for listing. Cordia bellonis is considered to be a critical 
plant by the Natural Heritage Program of the Puerto Rico Department of 
Natural and Environmental Resources. A proposed rule to list Cordia 
bellonis as endangered was published on September 28, 1995 (60 FR 
50176).
    The processing of this final rule conforms with the Service's final 
listing priority guidance published in the Federal Register on May 16, 
1996 (61 FR 24722). The guidance clarifies the order in which the 
Service will process rulemakings following two related events--(1) the 
lifting, on April 26, 1996, of the moratorium on final listings imposed 
on April 10, 1995 (Public Law 104-6), and (2) the restoration of 
significant funding for listing through the passage of the omnibus 
budget reconciliation law on April 26, 1996, following severe funding 
constraints imposed by a number of continuing resolutions between 
November 1995 and April 1996. The guidance calls for giving highest 
priority to handling emergency situations (Tier 1) and second highest 
priority (Tier 2) to resolving the listing status of the outstanding 
proposed listings. This final rule falls under Tier 2. At this time, 
there are no pending Tier 1 actions. In the development of this final 
rule, the Service has conducted an internal review of all available 
information. Based on this review, the Service has determined that 
there is no new information that would substantively affect this 
listing decision and that additional public comment is not warranted.

Summary of Comments and Recommendations

    In the September 28, 1995, proposed rule and associated 
notifications, all interested parties were requested to submit factual 
reports or information

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that might contribute to the development of a final rule. Appropriate 
agencies of the Commonwealth of Puerto Rico, Federal agencies, 
scientific organizations, and interested parties were requested to 
comment. Newspaper notices inviting general public comment were 
published in ``The San Juan Star'' on October 14, 1995, and in ``El 
Nuevo Dia'' on October 16, 1995. Two comment letters were received and 
are discussed as follows. Dr. G.J. Breckon and Dr. D.A. Kolterman, both 
from the University of Puerto Rico, Mayaguez Campus, supported the 
proposal to list Cordia bellonis as an endangered species. The U.S. 
Department of the Army, Jacksonville District Corps of Engineers, 
Antilles Office, provided comments, but did not indicate support or 
objection to listing the species. Comments supplying supplemental data 
have been incorporated into the Background section of this rule, as 
appropriate. A public hearing was neither requested nor held.
    The Service also solicited the expert opinions of three appropriate 
and independent specialists regarding pertinent scientific or 
commercial data and assumptions relating to distribution, abundance, 
status, and biological and ecological information for Cordia bellonis. 
Two responses from the specialists were received; they supported the 
listing of the species as an endangered species, and supplemental data 
was incorporated into this final rule.

Summary of Factors Affecting the Species

    After a thorough review and considertion of all information 
available, the Service has determined that Cordia bellonis should be 
classified as an endangered species. Procedures found at section 
4(a)(1) of the Endangered Species Act and regulations implementing the 
listing provisions of the Act (50 CFR part 424) 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 Cordia bellonis, are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. Destruction and modification of 
the habitat is considered one of the most significant factors affecting 
the numbers and distribution of Cordia bellonis. This species is only 
known from three areas in Puerto Rico; Maricao, Susua, and Rio Abajo.
    In Maricao, the species is found at 17 localities in three areas, 
for a total of 87 individuals. Thirty-four of these individuals have 
been eliminated due to clearing along the roadside and the 
reconstruction of Road 362. Half of the localities consist of isolated 
individuals. The dioecious condition of the species is a factor 
limiting reproduction by these individuals. Because the majority of 
these individuals occur along both sides of two public roads, 
maintenance of road sides, as well as fires and vandalism, may result 
in the loss of these individuals. In Susua, a small population of only 
5 individuals was found in 1992. The species was previously unknown 
from this area. This small population may be affected by forest 
management practices. Cordia bellonis was also unknown from the Rio 
Abajo forest until it was found in 1994. Approximately 118 individuals 
were found in 12 localities. Ninety-five individuals were located along 
the construction route for a highway (which is now completed) and were 
removed for possible future transplantation. Of the remaining 23 
individuals, 13 have been found in an area designated for compensation 
(mitigation) for the highway and 10 are found in highway rights-of-way. 
The species is also known from a private landholding where extraction 
of fill material for the construction of the road will likely result in 
the loss of these plants. The rareness and restricted distribution make 
this species vulnerable to habitat destruction and modification.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. 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 to certain Commonwealth listed species. 
However, Cordia bellonis is not yet on the Commonwealth list. Federal 
listing will provide immediate protection to the species, and by virtue 
of an existing section 6 Conservation Agreement with the Commonwealth, 
listing will also assure the addition of this species to the 
Commonwealth list and enhance its possibilities for funding needed 
research.
    E. Other natural or manmade factors affecting its continued 
existence. Two significant factors affecting this species are its 
limited distribution and dioecious condition. The limited distribution 
of this species makes it particularly vulnerable to extinction from 
naturally occurring events such as fire and local management practices. 
As a dioecious plant, Cordia bellonis requires outcrossing to 
successfully reproduce. Being dioecious creates a limiting factor 
affecting the continued existence of this rare plant since most 
remaining individuals are widely separated from each other and, 
therefore, unlikely to reproduce.
    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 make this rule 
final. Based on this evaluation, the preferred action is to list Cordia 
bellonis as endangered. The rarity of this plant makes the species 
vulnerable to the loss of any individual. Only 81 individuals of Cordia 
bellonis are known to occur in the wild. Habitat modification may 
dramatically affect this endemic plant. Therefore, endangered, rather 
than threatened, status is considered an accurate assessment of the 
species' condition. The reasons for not designating critical habitat 
for this species are discussed in the ``Critical Habitat'' section of 
this rule.

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 designation of critical habitat is not prudent for Cordia 
bellonis. 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

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species, or (2) such designation of critical habitat would not be 
beneficial to the species.
    Populations of Cordia bellonis are small and accessible. Vandalism 
and cutting 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 this plant occurs 
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. The precarious status of 
Cordia bellonis necessitates identical threshholds for determining 
adverse modification of critical habitat and jeopardizing the continued 
existence of the species. Therefore, no additional protection from 
designating critical habitat would occur for this species.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the 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 States and requires that recovery actions be 
carried out for all listed species. 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 the species or destroy or 
adversely modify its critical habitat. If a Federal action may 
adversely affect a listed species or its critical habitat, the 
responsible Federal agency must enter into formal consultation with the 
Service.
    The majority of the individuals of Cordia bellonis known from 
Maricao are found along both sides of roads PR #120 and PR #362. Any 
widening of these roads, installation of water and sewer pipelines, and 
the installation of powerlines along these roads may adversely affect 
the species. These types of activities could be funded by Federal 
agencies (for example, the Federal Highway Administration, U.S. Housing 
and Urban Development, and Rural Development). Cordia bellonis was 
seriously affected by the construction of a highway in the Rio Abajo 
Commonwealth Forest. This road was funded by the Federal Highway 
Administration and 82 percent of the individuals of Cordia bellonis 
were removed from the Forest for possible future transplantation.
    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, transport in interstate or foreign commerce in the course of 
a commercial activity, sell or offer for sale in interstate or foreign 
commerce, or remove and reduce the species to possession from areas 
under Federal jurisdiction. 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 such plants in knowing violation of any 
State law or regulation, including State criminal trespass law. Certain 
exceptions to the prohibitions apply to agents of the Service and State 
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. Such permits are 
available for scientific purposes and to enhance the propagation or 
survival of the species. Few trade permits for this plant will ever be 
sought or issued, since the species is not known to be in cultivation 
and is uncommon in the wild.
    It is the policy of the Service, published in the Federal Register 
on July 1, 1994 (50 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 Cordia 
bellonis are restricted to three Commonwealth forests--Maricao, Susua 
and Rio Abajo. 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 a 
Commonwealth law or regulation, including 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 activites will constitute a 
violation of section 9 should be directed to the Field Supervisor of 
the Service's Boqueron Field Office (see ADDRESSES section). Requests 
for copies of the regulations on listed species and inquiries regarding 
prohibitions and permits should be addressed to U.S. Fish and Wildlife 
Service, Ecological Services (TE), 1875 Century Boulevard, Atlanta, 
Georgia 30345-3301 (404/679-7313).

National Environmental Policy Act

    The Fish and Wildlife Service has determined that Environmental 
Assessment and Environmental Impact Statements, 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 CFR 49244).

Required Determinations

    The Service has examined this regulation under the Paperwork 
Reduction Act of 1995 and found it to contain no information collection 
requirements. This rulemaking was not subject to review by the Office 
of Management and Budget under Executive Order 12866.

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References Cited

Breckon, G.J. and D.A. Kolterman. 1993. Cordia bellonis Urban 
[Boraginaceae]. Final report under cooperative agreement No. 14-16-
0004-92-970 between U.S. Fish and Wildlife Service and the 
University of Puerto Rico, Mayaguez Campus. 14 pp.
Breckon, G.J. and D.A. Kolterman. 1994. Cordia bellonis Urban 
[Boraginaceae]. Final report under cooperative agreement No. 14-16-
0004-93-973 between U.S. Fish and Wildlife Service and the 
University of Puerto Rico, Mayaguez Campus. 4 pp.
Britton, N.L. and P. Wilson. 1925. Scientific survey of Porto Rico 
and the Virgin Islands. Volume VI-Part 1. Botany of Porto Rico and 
the Virgin Islands. Descriptive flora-Spermatohyta (continued). New 
York Academy of Sciences, New York. 158 pp.
Federal Highway Administration and the Puerto Rico Highway and 
Transportation Authority. 1994. Biological Assessment Relocation of 
PR-10 Utuado, Puerto Rico. Unpublished Report.
Liogier, H.A. and L.F. Martorell. 1982. Flora of Puerto Rico and 
adjacent islands: a systematic synopsis. Editorial de la Universidad 
de Puerto Rico, Rio Piedras, Puerto Rico. 342 pp.
Proctor, G. 1991. Puerto Rican plant species of concern: Status and 
recommendations. Miscellaneous Scientific Publication No. 2. 
Department of Natural and Environmental Resources, San Juan, Puerto 
Rico. Pp. 59-61.
Puerto Rico Highway and Transportation Authority. 1995. Report to 
U.S. Fish and Wildlife Service on plant species, Puerto Rican boa 
and monitoring program of the broad-winged hawk PR-10 Highway, 
Arecibo-Utuado. Unpublished report.
Urban. 1899. Symb. Antill. 1:393.

Author

    The primary author of this final rule is Ms. Marelisa Rivera, 
Boqueron 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 to read as follows:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                                                                                         
--------------------------------------------------------    Historic range           Family             Status       When listed    Critical    Special 
         Scientific name                Common name                                                                                 habitat      rules  
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         Flowering Plants                                                                                                                               
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Cordia bellonis..................  None................  U.S.A. (PR)........  Boraginaceae.......  E                         601           NA         NA
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
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    Dated: December 6, 1996.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-564 Filed 1-9-97; 8:45 am]
BILLING CODE 4310-55-P