[Federal Register Volume 62, Number 241 (Tuesday, December 16, 1997)]
[Proposed Rules]
[Pages 65783-65787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32738]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AE48
Endangered and Threatened Wildlife and Plants; Proposed
Endangered Status for Catesbaea Melanocarpa
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Service proposes to determine Catesbaea melanocarpa (no
common name) to be an endangered species pursuant to the Endangered
Species Act of 1973, as amended (Act). Catesbaea melanocarpa is known
from Puerto Rico, St. Croix in the U.S. Virgin Islands, Barbuda,
Antigua, and Guadeloupe. In Puerto Rico, it is currently known from
only one location in Cabo Rojo, and in the U.S. Virgin Islands, it is
known from one location near Christiansted, St. Croix. Both populations
are located on privately owned land subject to intense pressure for
development for residential, tourism and industrial purposes. This
proposal, if made final, would implement the Federal protection and
recovery provisions afforded by the Act for C. melanocarpa. The Service
seeks data and comments from the public on this proposal.
DATES: Comments from all interested parties must be received by
February 17, 1998. Public hearing requests must be received by January
30, 1998.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Field Supervisor, Boqueron 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.
FOR FURTHER INFORMATION CONTACT: Ms. Susan Silander, Botanist, at the
Boqueron Field Office (see ADDRESSES section) (787/851-7297, facsimile
787/851-7440).
SUPPLEMENTARY INFORMATION:
Background
Catesbaea melanocarpa (no common name) was first discovered in the
mid-nineteenth century on the British island of Antigua by the German
collector Hienrich Rudolph Wullschlaegel. It was found in St. Croix,
U.S. Virgin Islands, in about 1881 by the Danish collector Baron H. F.
A. von Eggers and in Guanica, Puerto Rico, by the German collector Paul
Sintenis in 1886. Although duplicate specimens are maintained at other
herbariums, the original collections were in the herbarium at Berlin-
Dahlem and were destroyed by the bombing during World War II.
The species has also been reported from Barbuda and Guadeloupe,
islands of the Lesser Antilles (Howard 1989, Proctor 1991). While
little is known about the plant's status on these islands, the Center
for Plant Conservation (1992) describes it as rare on Antigua. It was
not rediscovered in St. Croix until 1988 and to date, it has not been
relocated in the Guanica, Puerto Rico, area. The St. Croix population,
located near Christiansted, consists of about 24 individual plants
(Breckon and Kolterman 1993). In 1995, a small population, consisting
of one individual, was located in Cabo Rojo, Puerto Rico (Puerto Rico
Planning Board 1995). One specimen, collected in 1974, located in the
herbarium in San Juan apparently originated from the Susua Commonwealth
Forest. However, this specimen is sterile and in depauperate condition;
therefore, its identification cannot be confirmed.
Catesbaea melanocarpa, of the family Rubiaceae, belongs to a genus
which consists of ten or more species of spiny shrubs. Most are
confined to the Antilles but some may extend into the Bahamas and the
Florida Keys. In Puerto Rico, two species are known--C. melanocarpa and
C. parviflora. These two species are differentiated by the size and
color of the fruits, black and larger, 5 to 6 millimeters (mm) (.19 to
.23 inches (in)) in diameter, in the former and white and smaller 2 to
4 mm (.07 to .15 in) in diameter, in the latter (Breckon and Kolterman
1993, Britton and Wilson 1925). Some authors note that C. melanocarpa
may be a synonym or variant of C. parviflora (Howard 1989, Proctor
1991) and recommend further review. However, Breckon and Kolterman
(1993) and the Center for Plant Conservation (1992) recommend its
protection due to the extremely small number of individuals currently
known, the intense pressure for development in these areas, and the
potential for an appreciable loss of the species' genetic diversity.
Catesbaea melanocarpa is a branching shrub which may reach
approximately 3 meters (9.8 feet) in height. Spines are borne at every
internode and are from 1 to 2 centimeters (.39 to .78 in) long. Leaves
are small, from 5 to 25 mm (.19 to 1.0 in) long and 2 to 15 mm (.07 to
.58 in) wide, often fascicled (clustered), and the small stipules are
deciduous. The
[[Page 65784]]
flowers are white, solitary or paired, and almost sessile in the axils.
The corolla is funnelform and from 8 to 10 mm (.31 to .39 in) long. The
fruit is globose, 5 to 6 mm (.19 to .23 in) in diameter, and black with
a crustaceous pericarp. The two-celled fruit contains five to seven
seeds in each cell (Proctor 1991).
Previous Federal Action
Catesbaea melanocarpa was identified as a category 2 candidate
species in Notices of Review published in the Federal Register on
February 21, 1990 (55 FR 6184), and September 30, 1993 (58 FR 51144).
Prior to 1996, a category 2 species was one that was being considered
for possible addition to the Federal List of Endangered and Threatened
Plants, but for which conclusive data on biological vulnerability and
threats were not available to support a proposed rule. Designation of
category 2 species was discontinued in the February 28, 1996, Notice of
Review (61 FR 7956). Catesbaea melanocarpa was approved as a candidate
by the Service on September 6, 1995, and identified as a candidate in
the 1996 Notice of Review. A candidate species is a species for which
the Service has sufficient information to propose it for protection
under the Act. This small shrub is considered a ``critical'' plant
species by the Natural Heritage Program of the Puerto Rico Department
of Natural and Environmental Resources. The Center for Plant
Conservation (1992) has assigned the species a Priority Status of A (a
species which could possibly go extinct in the wild in the next 5
years).
Because of budgetary constraints and the lasting effects of a
congressionally imposed listing moratorium, the Service is processing
listing actions according to the 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 listing actions
during fiscal year (FY) 1997. The guidance calls for giving highest
priority to handling emergency situations (Tier 1) and second highest
priority (Tier 2) to resolving the status of outstanding proposed
listings. Third priority (Tier 3) is given to resolving the
conservation status of candidate species and processing administrative
findings on petitions to add species to the lists or reclassify
threatened species to endangered status. The processing of this
proposed rule falls under Tier 3. At this time, the Southeast Region
has no pending Tier 1 actions and is near completion of its pending
Tier 2 actions. Additionally, the guidance states that ``effective
April 1, 1997, the Service will concurrently undertake all of the
activities included in Tiers 1, 2, and 3'' (61 FR 64480). The Service
announced an extension on October 23, 1997, (62 FR 55268) of the
guidance for FY 1997. The guidance will remain in effect until the FY
1998 appropriations bill for the Department of the Interior becomes law
and new final guidance is published in the Federal Register.
Summary of Factors Affecting the Species
Section 4 of the Act 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
Catesbaea melanocarpa (Krug and Urban) are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Catesbaea melanocarpa is known
only from Puerto Rico, St. Croix, Barbuda, Antigua, and Guadeloupe.
Available information indicates that it is rare on Antigua (Center for
Plant Conservation 1992). In Puerto Rico, it is known from a single
individual on privately owned land. In St. Croix it is known from only
one population consisting of about 24 individuals, also on privately
owned land. The known individual from Cabo Rojo, Puerto Rico, is
located on land currently proposed for a residential/tourism
development consisting of a hotel, condo-hotel, residential villas and
lots, a golf course, and other associated facilities. In St. Croix, the
population is located near Christiansted on land also subject to
pressure for development.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. The use of the species for such purposes has not
been documented as a factor in its decline.
C. Disease or predation. Disease and predation have not been
documented as factors in the decline of this species.
D. The inadequacy of existing regulatory mechanisms. The
Commonwealth of Puerto Rico has adopted a regulation that recognizes
and provides protection for certain Commonwealth listed species.
However, Catesbaea melanocarpa is not yet on the Commonwealth list.
Federal listing would provide immediate protection under the Act and,
by virtue of an existing section 6 agreement with the Commonwealth,
listing will also assure the addition of this species to the
Commonwealth list and enhance possibilities for funding needed
research. The Territory of the U.S. Virgin Islands has amended an
existing regulation to provide for protection of endangered and
threatened wildlife and plants. Catesbaea melanocarpa is considered by
the U.S. Virgin Islands to be endangered (see ``Available Conservation
Measures'' for discussion of prohibitions). As with the Commonwealth,
the existence of a section 6 Cooperative Agreement with the Service
will increase possibilities for funding needed research with this
plant.
E. Other natural or manmade factors affecting its continued
existence. One of the most important factors affecting the continued
survival of this species is its limited distribution. Because so few
individuals are known to occur, the risk of extinction is extremely
high. Catastrophic natural events, such as hurricanes, may dramatically
affect forest species composition and structure by felling large trees
and creating numerous canopy gaps. Breckon and Kolterman (1993)
documented the loss of individuals in St. Croix following the passing
of hurricane Hugo in 1989.
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
Catesbaea melanocarpa as endangered. Within the United States, the
species is known from only one locality in Puerto Rico and one in St.
Croix, U.S. Virgin Islands. Deforestation for residential and tourism
development are imminent threats to the survival of the species.
Therefore, endangered rather than threatened status more accurately
describes the species' condition. The reasons for not proposing
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
geographic 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.
[[Page 65785]]
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 shall propose critical habitat at the
time the species is proposed to be endangered or threatened. Service
regulations (50 CFR 424.12(a)(1)) state that the 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.
The Service finds that designation of critical habitat for Catesbaea
melanocarpa is not prudent because such designation would not be
beneficial to the species.
Critical habitat designation, by definition, directly affects only
Federal agency actions through consultation under section 7(a)(2) of
the Act. Section 7(a)(2) requires Federal agencies to ensure that
activities they authorize, fund, or carry out are not likely to
jeopardize the continued existence of a listed species or destroy or
adversely modify its critical habitat. Neither of the two known
populations of Catesbaea melanocarpa occur on Federal land. However,
Federal involvement with this species may occur through the use of
Federal funding for rural housing and development on non-Federal lands.
The use of such funding for projects affecting occupied habitat for
this species would be subject to review under section 7(a)(2), whether
or not critical habitat was designated. The precarious status of C.
melanocarpa is such that any adverse modification or destruction of its
occupied habitat would also jeopardize its continued existence. This
would also hold true as the species recovers and its numbers increase.
In addition, the Service believes that notification of Federal agencies
of the areas where these plants occur can be accomplished without the
designation of critical habitat. All involved parties and landowners
have been notified of the location and importance of protecting this
species' habitat. For these reasons, the Service believes that
designation of currently occupied habitat of this species as critical
habitat would not result in any additional benefit to the species and
that such designation is not prudent.
Potential introduction sites within unoccupied lands occur on lands
under Federal management (Cabo Rojo, Laguna Cartagena and Sandy Point
National Wildlife Refuges) and Commonwealth management (Guanica
Commonwealth Forest). As managers of these subtropical dry forest
lands, the Service and the Puerto Rico Department of Natural and
Environmental Resources are actively involved in conservation
activities. Both agencies are committed to the protection of these
forested areas and would minimize or avoid any impacts to such habitat.
Any introduction would be closely coordinated with the area's managers.
Introduction of this species onto unoccupied private lands likely would
not be pursued because suitable habitat under private ownership occurs
only in very small patches which are interspersed among developed areas
and are too small for introduction. For these reasons, the Service
believes that designation of currently unoccupied habitat of this
species as critical habitat would not result in any additional benefit
to the species and, therefore, such designation is not prudent.
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, Territory and private
agencies, groups and individuals. The Act provides for possible land
acquisition and cooperation with the Commonwealth and/or Territory and
requires that recovery actions be carried out for all listed species.
Such actions are initiated by the Service following listing. The
protection required of Federal agencies and the prohibitions against
certain activities involving listed plants are discussed, in part,
below.
Section 7(a) of the Act, as amended, 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 proposed species or result in destruction or adverse
modification of proposed critical habitat. If a species is subsequently
listed, 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 to destroy or
adversely modify its critical habitat. If a Federal action may affect a
listed species or its critical habitat, the responsible Federal agency
must enter into formal consultation with the Service. No critical
habitat is being proposed for this species, as discussed above. Federal
involvement may include Federal funding for rural housing and
development (for example, funding by agencies such as the Rural
Development or Housing and Urban Development).
The Act and its implementing regulations set forth a series of
general trade 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 any endangered plant, transport it in interstate or foreign
commerce in the course of a commercial activity, sell or offer it for
sale in interstate or foreign commerce, or remove and reduce to
possession the species from areas under Federal jurisdiction. In
addition, for plants listed as endangered, the Act prohibits the
malicious damage or destruction on areas under Federal jurisdiction and
the removal, cutting, digging up, or damaging or destroying of
endangered plants in knowing violation of any Commonwealth or
Territorial law or regulation, including Commonwealth or Territorial
criminal trespass law. Certain exceptions can apply to agents of the
Service and Commonwealth and Territorial 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 and
survival of the species. It is anticipated that few trade permits for
this species 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 (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 Catesbaea
melanocarpa are located on privately owned land. Since there is no
Federal ownership, and the species is not currently in trade, the only
potential
[[Page 65786]]
section 9 involvement would relate to removing or damaging the plant in
knowing violation of Commonwealth or Territorial law, or in knowing
violation of Commonwealth or Territorial 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 U.S. Virgin
Island regulation states that ``no person may harass, injure or kill,
or attempt to do the same, or sell or offer for sale any specimen, or
parts or produce of such specimen, of an endangered or threatened
species.'' The Service is not aware of any otherwise lawful activities
being conducted or proposed by the public that will be affected by this
listing and result in a violation of section 9.
Questions regarding whether specific activities will constitute a
violation of section 9 should be directed to the Field Supervisor of
the Service's Caribbean 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).
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 Catesbaea melanocarpa;
(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 Catesbaea melanocarpa 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 Act provides for one or more public hearings on this proposal,
if requested. Requests must be filed within 45 days of the proposal.
Such requests must be made in writing and addressed to the Supervisor,
Boqueron Field Office (see ADDRESSES section).
National Environmental Policy Act
The Fish and Wildlife Service has determined that an 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 Act. 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
Breckon, G. and D. Kolterman. 1993. Catesbaea melanocarpa Krug &
Urban [Rubiaceae]. Final Report under Cooperative Agreement No. 14-
16-0004-92-970 between the U.S. Fish and Wildlife Service and the
University of Puerto Rico, Mayaguez Campus.
Britton, N.L. and P. Wilson. 1925. Scientific survey of Porto Rico
and the Virgin Islands. Volume VI--Part 2. Botany of Porto Rico and
the Virgin Islands. Descriptive flora--Spermatophyta (continued).
New York Academy of Sciences, New York. 158 pp.
Center for Plant Conservation. 1992. Report on the Rare Plants of
Puerto Rico. Missouri Botanical Garden, St. Louis, Missouri.
Howard, R.A. 1989. Flora of the Lesser Antilles. Leeward and
Windward Islands. Volume 6. Dicotyledoneae--Part 3. Arnold
Arboretum, Harvard University, Jamaica Plain, Massachusetts. 658 pp.
Liogier, H.L. 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. R. 1991. Puerto Rican plant species of special concern.
Status and recommendations. Publicacion Cientifica Miscelanea No. 2.
Departamento de Recursos Naturales de Puerto Rico. San Juan, Puerto
Rico. 197 pp.
Puerto Rico Planning Board. 1995. Draft Environmental Impact
Statement for Monte Carlo Resort and Boqueron Bay Site. San Juan,
Puerto Rico. 88 pp.
Author. The primary author of this proposed rule is Ms. Susan
Silander, Boqueron Field Office (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, 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. Amend section 17.12(h) by adding the following, in alphabetical
order under FLOWERING PLANTS, to the list of Endangered and Threatened
Plants:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
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Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
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Flowering Plants
* * * * * * *
Catesbaea melanocarpa............ None................ U.S.A. (PR, VI) Rubiaceae.......... E ........... NA NA
Antigua, Barbuda,
Guadeloupe.
* * * * * * *
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Dated: November 25, 1997.
Director, Fish and Wildlife Service,
Jamie Rappaport Clark,
[FR Doc. 97-32738 Filed 12-15-97; 8:45 am]
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