[Federal Register Volume 62, Number 112 (Wednesday, June 11, 1997)]
[Rules and Regulations]
[Pages 31757-31762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15300]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD52


Endangered and Threatened Wildlife and Plants; Threatened Status 
for the Guajon

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service) determines 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 final rule will implement the Federal protection 
and recovery provisions afforded by the Act for E. cooki.

EFFECTIVE DATE: July 11, 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, 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 (787/851-7297) or Ms. Gloria Bell at the Atlanta 
Regional Office address (404/679-7100).

SUPPLEMENTARY INFORMATION:

Background

    Eleutherodactylus is the largest vertebrate genus with over 400 
described species. Two major centers of species diversity occur: 
northwestern South America and the West Indies. Almost all species 
share two characteristics--``T-shaped'' terminal phalanges, probably an 
adaptation for climbing, and 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 attending and calling males may have a 
yellow throat. The guajon may be the only species of Eleutherodactylus 
in Puerto Rico that exhibits sexual dimorphism in color (Joglar et al. 
1996). In both sexes, the frogs have large, white-rimmed eyes, giving 
the species a specter or phantom-like appearance. The species 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 by Chapman Grant 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 (Joglar et al. 1996). Such grottoes are commonly 
referred to as guajonales. It is from the grottoes or guajonales where 
the species lives that the frog derives its name, the guajon. The 
species is

[[Page 31758]]

apparently limited in distribution by the rock formation where it 
occurs (Rivero 1978, Joglar 1992). Joglar et al. (1996) 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 observed to be greatest during the months of 
October and September. Eggs are laid on the humid faces of boulders in 
protected microhabitats within the grottoes and up to 59 eggs, which 
may actually be multiple clutches, are apparently guarded by the males 
(Rivero 1978, Joglar et al. 1996). Diurnal activity of E. cooki occurs 
only inside the caves. Many guajones, however, have been observed 
leaving the caves at dusk, presumably to forage and rehydrate, and 
returning before dawn (Joglar et al. 1996).
    During surveys conducted by Drewry (1986), Joglar (1992), and 
Joglar et al. (1996), the guajon was found at its historical 
localities, all of which occur within the municipalities of Yabucoa and 
San Lorenzo. Dr. Fernando Bird (pers. comm.) also reports the species 
from the municipalities of Las Piedras and Humacao. Little historical 
data is available on abundance; therefore, reductions in populations 
are difficult to document. Nevertheless, E. cooki is endemic to Puerto 
Rico and is extremely restricted in geographical distribution. Further, 
it is a habitat specialist (i.e., requires a particular habitat type) 
and occurs only on privately-owned lands. Threats to the species 
include 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. At that time, Category 2 species were those 
that were being considered for possible addition to the Federal List of 
Endangered and Threatened Wildlife, but insufficient data on biological 
vulnerability and threat were not currently available to support such 
an action. Designation of Category 2 species was discontinued in the 
December 5, 1996, Federal Register notice (61 FR 64481).
    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). Joglar et al. (1996) recommended that, although 
studies of 2 specific areas conducted between 1991 and 1994 did not 
indicate that those particular populations were declining, protecting 
the species was essential due to its limited distribution and rapid 
development of its habitat. The Service elevated this species to a 
candidate and proposed it for threatened status on October 2, 1995 (60 
FR 51432). Because additional information became available concerning 
the species' distribution and biology, the Service reopened the comment 
period on October 4, 1996 (61 FR 51878).
    The processing of this final rule 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. Presently, there are no pending Tier 1 actions in Region 4. In the 
development of this final rule, the Service has conducted an internal 
review of all available information on the species and its habitat.

Summary of Comments and Recommendations

    In the October 2, 1995, 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 
requested to comment. A newspaper notice inviting general public 
comment was published in The San Juan Star on October 31, 1995, and in 
the El Nuevo Dia on October 25, 1995. 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 the guajon. In response to the proposed 
rule, four comment letters were received, three of which were from 
specialists. One specialist provided additional distributional data on 
the species, increasing its known range to include the municipalities 
of Las Piedras and Humacao in southeastern Puerto Rico and agreed that 
the species' habitat is threatened by human related activity. A second 
specialist stated that the range of the guajon is limited and that any 
significant alteration of its habitat might have an effect on its 
existence. Comments supplying supplemental data have been incorporated 
into the Background section of this rule, as appropriate. A public 
hearing was neither requested nor held.
    On October 4, 1996, the Service reopened the comment period. The 
Service again solicited the expert opinions of three appropriate and 
independent specialists. In response to the proposed rule, five comment 
letters were received, three of which were from specialists. The 
Natural Resource Conservation Service, U.S. Department of Agriculture, 
stated that the listing of the guajon was important and expressed 
interest in coordinating with the Fish and Wildlife Service in order to 
identify agricultural land where the species occurs.
    The following is a summary of other comments and concerns (referred 
to as ``Issues'' for the purposes of this summary) regarding the 
proposed rule that were expressed in writing. Comments of similar 
content have been grouped together.
    Issue 1: Two commenters indicated that without the designation of 
critical habitat the listing of the species would not be beneficial.
    Response: The Service believes that, because the guajon occupies an 
extremely restricted geographic area in Puerto Rico, protection of its 
habitat can be accomplished through the Section 7 jeopardy standard and 
through Section 9 prohibitions against take. Harm in the definition of 
``take'' in the Act (50 CFR 17.3) means an act which actually kills or 
injures wildlife. Such an act may include significant habitat 
modification or degradation where it actually kills or injures wildlife 
by impairing essential behavioral patterns, including breeding, feeding 
or sheltering. This issue is also addressed in the ``Critical Habitat'' 
section of this rule.
    Issue 2: Two commenters recommended that the species remain a 
candidate for its protection until an ongoing study of the guajon's 
reproductive biology is completed.

[[Page 31759]]

    Response: Candidate species receive no statutory protection under 
the Act. Thus, having it remain a candidate would not provide the 
maximum conservation benefit to the guajon. The Act requires the 
Service to make a listing determination based upon the best scientific 
and commercial data available. The Service believes that sufficient 
information on status and threats is available to warrant listing the 
species as threatened. Information derived from the ongoing study of 
reproductive biology will be valuable for recovery purposes and will be 
incorporated into the recovery plan.
    Issue 3: A commenter indicated that while scientific collection had 
not adversely affected the species, other human-related factors do 
affect the guajon. Another commenter indicated that collecting by 
artisans was probably not a threat due to the difficulty and the danger 
of entering the caves, but stated that scientific collecting should be 
regulated.
    Response: The rule states that collection has been identified as a 
problem by scientists for other species of Eleutherodactylus; 
therefore, it should be considered as a potential threat for the 
guajon. This issue is addressed in the ``Summary of Factors Affecting 
the Species'' section is this rule.

Summary of Factors Affecting the Species

    After a thorough review and consideration of all information 
available, the Service has determined that the guajon 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 
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 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, San 
Lorenzo, Humacao, and Las Piedras in the Pandura 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. Deforestation may result in increased flash 
flooding, resulting in the drowning of adults and the destruction of 
nests. The practice of planting crops right up to the entrance of the 
guajonales may eliminate nocturnal habitat of the species and increase 
the pesticide and fertilizer run-off into the water flowing under the 
caves. Caves are also often used as garbage dumps. Road construction 
and the associated cut and fill has eliminated habitat (Drewry 1986). A 
major four-line 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 may have 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 other 
Eleutherodactylus sp. for use in local art has also been documented, 
and this activity is 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, Joglar et al. 1996). 
Introduced species such as cats, rats, and mongoose, active at night, 
may adversely affect densities of this species by feeding on the frogs 
and their eggs.

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, the guajon is not yet on the Commonwealth list. 
Federal listing would provide immediate protection under the Act, and 
by virtue of an existing section 6 Cooperative Agreement with the 
Commonwealth, will also assure the addition of this species to the 
Commonwealth list 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, Joglar and Burrowes 1996).
    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, Joglar and Burrowes 1996). 
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, a habitat 
specialist, 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 make this rule 
final. Based on this evaluation, the preferred action is to list 
Eleutherodactylus cooki as threatened, because the species is extremely 
restricted in distribution and is specialized in habitat utilization. 
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 designating critical habitat for this 
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

[[Page 31760]]

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 the 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 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 habitat were designated. 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 the final rule. Any existing 
precise locality data would be available to appropriate Federal, State, 
and local governmental 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)(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.
    Federal agency actions that may require 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; Rural 
Development (formerly 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, Suite 200, Atlanta, Georgia 
30345 (404/679-7313).
    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) Possession of legally acquired guajon, under Service-approved 
permitted conditions; and
    (2) Federally funded or regulated 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

[[Page 31761]]

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;
    (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 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 the U.S. Fish and 
Wildlife Service, Ecological Services, 1875 Century Boulevard, Atlanta, 
Georgia 30345-3301 (404/679-7313).

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).

Required Determinations

    The Service has examined this regulation under the Paperwork 
Reduction Act of 1995 and found it to contain no information collection 
requirements.

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. Pp. 
42-46 in J.A. Moreno, ed., Status y Distribucion de los Anfibios y 
Reptiles de Puerto Rico. Publ. Cien. Misc. No.1. 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 loci and the major 
groups. Pp.305-370 in Biogeography of the West Indies.
Joglar, R.L. 1992. Status survey of four species of 
Eleutherodactylus: Final report. Report prepared for the Caribbean 
Field Office, U.S. Fish and Wildlife Service. 41 pp.
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 
recomendaciones para la proteccion de las especies del genero 
Eleutherodactylus. Pp. 47-52 in J.A. Moreno, ed., Status y 
Distribucion de los Anfibios y Reptiles de Puerto Rico. Publ. Cien. 
Misc. No.1. Departamento de Recursos Naturales y Ambientales, San 
Juan, Puerto Rico.
Joglar, R.S. and P.A. Burrowes. 1996. Declining amphibian 
populations in Puerto Rico. Pp. 371-380 in R. Powell and R.W. 
Henderson, eds., Contributions to West Indian Herpetology: A Tribute 
to Albert Schwartz. Society for the Study of Amphibians and 
Reptiles, Ithaca (New York). Contributions to Herpetology, vol. 12.
Joglar, R.S., P.A. Burrowes, and N. Rios. 1996. Biology of the 
Puerto Rican cave-dwelling frog, Eleutherodactylus cooki, and some 
recommendations for its conservation. Pp. 251-258 in R. Powell and 
R.W. Henderson, eds., Contributions to West Indian Herpetology: A 
Tribute to Albert Schwartz. Society for the Study of Amphibians and 
Reptiles, Ithaca (New York). Contributions to Herpetology, vol. 12.
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 final rule is Ms. Susan Silander, 
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 17.11(h) is amended 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) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                    Vertebrate                                                           
--------------------------------------------------------                        population where                                  Critical     Special  
                                                            Historic range       endangered or         Status      When listed    habitat       rules   
           Common name                Scientific name                              threatened                                                           
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
            Amphibians                                                                                                                                  
                                                                                                                                                        

[[Page 31762]]

                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Guajon...........................  Eleutherodactylus     U.S.A. (PR)........  NA.................  T                       617           NA           NA
                                    cooki.                                                                                                              
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: May 16, 1997.
Jay L. Gerst,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-15300 Filed 6-10-97; 8:45 am]
BILLING CODE 4310-55-P