[Federal Register Volume 62, Number 42 (Tuesday, March 4, 1997)]
[Proposed Rules]
[Pages 9724-9726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5156]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC04
Endangered and Threatened Wildlife and Plants; Withdrawal of
Proposed Rule to List Coccoloba Rugosa (Ortegon) as Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; withdrawal.
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SUMMARY: The U.S. Fish and Wildlife Service withdraws the proposed rule
to list Coccoloba rugosa (ortegon) as threatened, pursuant to the
Endangered Species Act of 1973, as amended. This plant, endemic to
Puerto Rico, occurs primarily in the eastern portion of the island. It
is currently known from approximately 33 localities. Based on an
evaluation of data available following publication of the proposal and
evaluation of the comments, the Service determines that listing of
ortegon is not warranted at the present time. The Service expects to
work together with the U.S. Army, U.S. Navy, U.S. Forest Service, the
Puerto Rico Conservation Trust and private landowners to protect and
monitor the status of the species on these lands.
ADDRESSES: The complete file for this action is available for
inspection, by appointment, during normal business hours at the
Caribbean Field Office, Box 491, Boqueron, Puerto Rico 00622.
FOR FURTHER INFORMATION CONTACT: Ms. Susan R. Silander at the Caribbean
Field Office address (809/851-7297).
SUPPLEMENTARY INFORMATION:
Background
Although there are no records available concerning when Coccoloba
rugosa was first discovered, it is known that it was widely cultivated
in European botanical gardens during the nineteenth century (Proctor,
pers. comm.). The species was named in 1815 and described in 1829 by
the French botanist Rene Louiche Desfontaines from a cultivated
specimen at the Botanical Garden of Paris (Little et al. 1974). This
plant was reported from St. Thomas more than a century ago, but it is a
doubtful record (Proctor, pers. comm.).
Coccoloba rugosa is a small evergreen tree 9 meters (30 feet) tall
with a diameter of approximately 12.5 centimeters (5 inches). The bark
is brown or gray and fissured, with faint rings at the nodes. The green
twigs are stout, slightly flattened with longitudinal ridges. The
alternate stalkless leaves are 22-60 centimeters (9-24 inches) wide,
very thick, brittle, and hairless. The leaf surface is rugose, with
veins deeply sunken on the upper side and prominent beneath. At the
base of each leaf is a large sheath (ocrea) measuring 4-6 centimeters
(1.5-2.5 inches) long. Inflorescences are terminal, 30-75 centimeters
(1-2.5 feet) long with numerous small crimson-colored flowers. Male and
female flowers are borne on different trees (dioecious). The red ovoid
fruits are about 1 centimeter (.4 inch) long with one brown, pointed,
3-angled seed that is .5 centimeter (.2 inch) long.
Ortegon is known from approximately 5,000 individuals at 33 sites
most of which occur in the subtropical moist forest life zone of
northern and eastern Puerto Rico. In eastern Puerto Rico the species is
known from 23 localities. More than 1,000 individuals have been located
at several localities on a privately-owned tourist resort complex in
the Humacao/Yabucoa area in eastern Puerto Rico. An additional 400
individuals were found at Punta Guayanez, adjacent to the tourist
resort complex. The species also occurs in 10 areas in the Punta
Yeguas/Punta Toro area of Yabucoa/Maunabo municipalities. Portions of
the Punta Yeguas area are owned and managed by the Puerto Rico
Conservation Trust. Approximately 350 individuals may occur in these
areas. More than 2,000 plants have been reported from the east facing
slopes of Cerro Mala Pascua at approximately 100 meters above sea level
in the municipalities of Maunabo and Patillas.
In northeastern Puerto Rico Coccoloba rugosa has been reported from
locations in Luquillo, Rio Grande, the El Convento area of Fajardo, and
from two locations which fall within the Caribbean National Forest
(approximately 36 plants).
In northern Puerto Rico the species occurs in the limestone knolls
within the San Juan metropolitan area at two localities: 6 individuals
on the Fort Buchanan Army installation in the municipality of Guaynabo
and one locality consisting of 2 individuals on the Sabana Seca Naval
Security Group Activities facility in the municipality of Toa Baja. One
population historically
[[Page 9725]]
reported from west of the San Jose lagoon in the San Juan metropolitan
area was destroyed some years ago (Little et al. 1974).
Previous Federal Action
Coccoloba rugosa was included among the plants being considered as
a candidate species (species for which the Service has on file
sufficient information on biological vulnerability and threat(s) to
support issuance of a proposed rule to list) by the Service, as
published in the Federal Register notice of review dated February 21,
1990 (55 FR 6184) and September 30, 1993 (58 FR 51144).
The Service published a proposal to list ortegon as threatened on
September 24, 1993 (58 FR 49660) based on information available at that
time. The comment period on the proposal was subsequently reopened
until January 24, 1995 (59 FR 60598) to allow for the collection and
verification of additional information. The deadline for publishing a
final listing decision was extended in the same Federal Register notice
to March 24, 1995.
The processing of this action conforms with the Service's final
listing priority guidance published in the Federal Register on December
5, 1996 (61 FR 64475). The guidance clarifies the order in which the
Service will process rulemakings during fiscal year 1997. 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 rule falls under Tier
2. At this time, there are no pending Tier 1 actions.
Summary of Comments and Recommendations
In the September 24, 1993, 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 public comment was published in the ``San Juan Star'' on
October 10, 1993. The Service received three letters of comment, one
supported the listing (Puerto Rico Department of Natural and
Environmental Resources) and the other two provided information
(University of Puerto Rico at Humacao and Vazquez Environmental
Services, Inc. for Palmas del Mar, Inc.) but did not indicate either
support or opposition.
Nevertheless, on June 21, 1994, the Service received a letter from
Vinson & Elkins, attorneys for the Palmas del Mar Properties, Inc.,
which provided additional information on both the distribution and
abundance of Coccoloba rugosa. Based on this additional information the
Service reopened the comment period through January 24, 1995, and
requested additional information from Federal agencies, Commonwealth of
Puerto Rico agencies, scientific organizations and interested parties.
One letter of comment was received, from Vinson & Elkins for Palmas del
Mar, Inc., which provided information similar to that in their letter
of June 21, 1994. The Service has verified data provided by Palmas in
both of these letters and this information has been incorporated into
the supplementary information provided above.
Summary of Factors Affecting the Species
The Endangered Species Act and implementing regulations found at 50
CFR 424.17(3) provide for the basis for determining a species to be
endangered or threatened and for withdrawing a proposed rule when the
proposal has not been found to be supported by available evidence. The
five factors described in section 4(a)(1) of the Endangered Species
Act, as they apply to the withdrawal of the proposed listing of
Coccoloba rugosa (ortegon) are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of its Habitat or Range
At present, Coccoloba rugosa is known from a total of 33
localities. Two are located on land which is managed by the U.S. Forest
Service as part of the Caribbean National Forest and the species is
included by the Forest Service as a sensitive species and is considered
in environmental evaluations and in management practices. The species
occurs on property of both the U.S. Navy and the U.S. Army, both of
which are aware of the presence of the species and the need to protect
it. No activities are currently proposed by these entities for the
areas where the species is found. The localities at Punta Yeguas are
owned and managed by the Puerto Rico Conservation Trust, a non-
governmental organization dedicated to the protection of natural
resources, and the organization is aware of the presence of the species
on its property and the need for its protection.
More than 1,000 individuals are located within the boundaries of
the Palmas del Mar, Inc. resort in Humacao, Puerto Rico. The resort
has, in its most recent development expansion proposal, included all
known individuals within the project area in green areas and has
avoided impacting individuals. The corporation has expressed interest
in protecting the species through a cooperative agreement.
B. Overutilization for Commercial, Recreational, Scientific or
Educational Purposes
Not applicable. Ortegon may be of interest as a cultivated,
ornamental plant, and has been the subject of successful propagation
both by private entities as well as by the Puerto Rico Department of
Natural and Environmental Resources.
C. Disease or Predation
Not applicable.
D. The Inadequacy of Existing Regulatory Mechanisms
The species is considered to be a ``critical'' species by the
Puerto Rico Department of Natural and Environmental Resources and is
considered in evaluations done by the agency for development proposals.
Listing under the Act would have offered protection through Sections 7
and 9, and through recovery planning. Nevertheless, the largest
populations are on privately-owned land where few federally-funded or
permitted projects are anticipated.
E. Other Natural or Manmade Factors Affecting its Continued Existence
Although the forests of eastern Puerto Rico were dramatically
affected by the passage of Hurricane Hugo in 1989, the species occurs
in a sufficient number of localities that would ensure its continued
survival.
Proposed Rule Withdrawal
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by Coccoloba rugosa in determining to withdraw
this proposed rule. The withdrawal is based on the likelihood of the
species retaining its current distribution and numbers and the
anticipated cooperation on the part of both Federal and Commonwealth
agencies and non-governmental and private entities in the conservation
of the species.
The Service withdraws the proposed rule of September 24, 1993 (58
FR 49660) to list the Coccoloba rugosa as a threatened species. At
present the Service does not consider this species a Candidate for
listing.
[[Page 9726]]
References Cited
Little, E.L., R.O. Woodbury, and F.H. Wadsworth. 1974. Trees of
Puerto Rico and the Virgin Islands. Second volume. U.S. Department
of Agriculture Handbook No. 449. Washington, D.C. 1024 pp.
Author
The primary author of this document is Ms. Susan R. Silander (see
ADDRESSES section).
Authority
The authority for this action is section 4(b)(6)(B)(ii) of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: February 10, 1997.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-5156 Filed 3-3-97; 8:45 am]
BILLING CODE 4310-55-P