[Federal Register Volume 63, Number 220 (Monday, November 16, 1998)]
[Proposed Rules]
[Pages 63659-63661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30540]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; 90-Day Finding for 
a Petition To List Agave Eggersiana and Solanum Conocarpum as 
Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding and initiation of status 
review.

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SUMMARY: The Fish and Wildlife Service (Service) announces a 90-day 
finding for a petition to list two plants, Agave eggersiana and Solanum 
conocarpum (marron bacora), under the Endangered Species Act of 1973, 
as amended. The Service finds that the petition presents substantial 
information indicating that listing these species may be warranted. A 
status review is initiated.

DATES: The finding announced in this document was made on October 16, 
1998. To be considered in the 12-month finding for this petition, 
information and comments should be submitted to the Service by January 
15, 1999.

ADDRESSES: Questions, comments, data, or information concerning this 
petition should be sent to the Field Supervisor, Boqueron Field Office, 
U.S. Fish and Wildlife Service, P.O. Box 491, Boqueron, Puerto Rico 
00622. The petition finding, supporting data, and comments are 
available for public inspection, by appointment, during normal business 
hours at the above address.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Silander (see ADDRESSES 
section); telephone 787/851-7297, facsimile 787/851-7440.

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(A) of the Endangered Species Act (Act) of 1973, as 
amended (16 U.S.C. 1531 et seq.), requires that the Service make a 
finding on whether a petition to list, delist, or reclassify a species 
presents substantial scientific or commercial information to 
demonstrate that the petitioned action may be warranted. This finding 
is to be based on all information available to the Service at the time 
the finding is made. To the maximum extent practicable, the finding 
shall be made within 90 days following receipt of the petition and 
promptly published in the Federal Register. Following a positive 
finding, section 4(b)(3)(B) of the Act requires the Service to promptly 
commence a status review of the species.

[[Page 63660]]

    The Service published Listing Priority Guidance for Fiscal Years 
1998 and 1999 on May 8, 1998 (63 FR 25502). The guidance clarifies the 
order in which the Service will process rulemakings giving highest 
priority (Tier 1) to processing emergency rules to add species to the 
Lists of Endangered and Threatened Wildlife and Plants (Lists); second 
priority (Tier 2) to processing final determinations on proposals to 
add species to the Lists, processing new proposals to add species to 
the Lists, processing administrative findings on petitions (to add 
species to the Lists, delist species, or reclassify listed species), 
and processing a limited number of proposed or final rules to delist or 
reclassify species; and third priority (Tier 3) to processing proposed 
or final rules designating critical habitat. Processing of this 
petition finding is a Tier 2 action.
    The Service has made a 90-day finding on a petition to list two 
plants, Agave eggersiana and Solanum conocarpum as endangered. The 
petition, dated November 20, 1996, was submitted by the Department of 
Planning and Natural Resources, Division of Fish and Wildlife, of the 
U.S. Virgin Islands.
    Agave eggersiana, of the family Agavaceae (century plant family), 
is known only from the island of St. Croix of the U.S. Virgin Islands. 
Members of the genus Agave are robust perennial herbs with large 
succulent or fibrous leaves with a stiff spine at the apex. The 
inflorescence (mode of flower bearing) is paniculate, racemose or 
spikelike, often from 5 to 7 meters (m) (16 to 23 feet (ft)) in height, 
and the flowers are borne in umbellate (flat-topped inflorescence whose 
rays arise from a common point) or cymose (a broad, more or less flat-
topped flower whose central flowers open first) clusters. Flowers are 
large, with a funnelform or tubular yellow or green perianth. The fruit 
is a many-seeded capsule with flattened black seeds. Agave eggersiana 
is currently known from an apparently small number of wild and 
cultivated plants on privately owned land in St. Croix, (D. Nellis, 
pers. comm. 1997). It is known to be in cultivation in St. Croix and at 
the Fairchild Botanical Garden in Florida. Habitat on the island of St. 
Croix is under intense pressure for both residential and tourism 
development (Acevedo-Rodriguez 1996, R. Boulon and B. Kojis, pers. 
comm. 1996). Agave eggersiana was considered a category 2 candidate for 
listing as endangered or threatened by the Service, as published in the 
Notice of Review dated September 30, 1993 (58 FR 51144). At that time, 
a category 2 species was one for which the Service had information that 
proposing as endangered or threatened may be appropriate but for which 
sufficient information was not currently available to support a 
proposed rule. Designation of category 2 species was discontinued in 
the February 28, 1996, Notice of Review (61 FR 7596).
    Solanum conocarpum (marron bacora), of the family Solanaceae, is 
known only from the island of St. John of the U.S. Virgin Islands. 
Solanum conocarpum is an unarmed shrub which may reach 3 m (9.8 ft) in 
height. Leaves are from 3.5 to 7 centimeters (cm) (1.4 to 2.7 inches 
(in)) long and 1.6 to 3 cm (.62 to 1.2 in) wide, oblong-elliptic or 
oblanceolate (a leaf broader at the distal third than at the middle), 
coriaceous (leathery texture), glabrous (not hairy), with a yellowish 
midvein. The plant's young parts are densely covered with appressed 
(flatly pressed), multicellular hairs. The flowers are usually paired 
and in nearly sessile (not stalked) lateral or terminal cymes (flat-
topped flower cluster). The corolla (inner circle of floral envelopes) 
is light violet, greenish at the center and about 2 cm (.78 in) wide. 
The fruit, a berry, is ovoid-conical, 2 to 3 cm (.78 to 1.2 in) long, 
and turns from green to yellow (Acevedo-Rodriguez 1996).
    Solanum conocarpum is only known from a few old collections and 
from two recent collections. Old collections and reports indicate that 
the species may have occurred on St. Thomas and one herbarium specimen 
from Virgin Gorda has been located; however, the identification is 
questionable since the specimen has no flowers or fruit. Only two 
plants are currently known to exist and both are located on the island 
of St. John. One individual is found within the Virgin Islands National 
Park (Park) and the other is located on privately owned land (Acevedo-
Rodriguez 1996, Woodbury and Weaver 1987, R. Boulon and B. Kojis, pers. 
comm. 1996). Privately owned land on St. John is under intense pressure 
for residential and tourism development. One individual is known from 
the Park, and while the National Park Service is aware of its presence, 
management practices such as trail and facility maintenance and 
construction may affect the species. Both feral pigs and donkeys are 
present in the Park and may adversely impact the vegetation. 
Information provided by the Virgin Island Department of Planning and 
Natural Resources indicates that the species may be functionally 
dioecious (male and female flowers on different plants), thereby making 
its rarity even more critical. Solanum conocarpum was among the plants 
being considered as a category 1 candidate by the Service, as published 
in the Notices of Review dated September 27, 1985 (50 FR 39526) and 
February 21, 1990 (55 FR 6184). Category 1 candidates were species for 
which the Service had substantial information supporting the 
appropriateness of proposing to list them as endangered or threatened. 
In the Notice of Review of September 30, 1993 (58 FR 51144), the 
species was reclassified to category 2 due to a lack of available 
information on the species distribution and abundance.
    The Service has reviewed the petition, its accompanying 
information, and other literature and information in our files. On the 
basis of the best scientific and commercial information available, the 
Service finds that the petition presents substantial information that 
listing these two plant species may be warranted. The finding is based 
on information which indicates that the species are restricted to very 
few localities and subject to potential impacts from both residential 
and tourism development. The Service is in need of additional 
information on the species, including its distribution and abundance, 
biology, the location of any additional populations, and current or 
planned activities in the areas where the plants occur and there 
possible impacts. Within nine months from the date the petition finding 
is made, a finding will be made as to whether listing Agave eggersiana 
and Solanum conocarpum is warranted, as required by section 4(b)(3)(B) 
of the Act.

References Cited

Acevedo-Rodriguez, Pedro. 1996. Flora of St. John. The New York 
Botanical Garden. Bronx, New York. 581 pp.
Center for Plant Conservation. 1992. Report on the Rare Plants of 
Puerto Rico. Missouri Botanical Garden, St. Louis, Missouri.
Woodbury, R.O. and P.L. Weaver. 1987. The Vegetation of St. John and 
Hassel Island, U.S. Virgin Islands. U.S. Department of the Interior, 
National Park Service. 101 pp.

Author

    The primary author of this document is Susan Silander, Boqueron 
Field Office (see ADDRESSES section).

Authority

    The authority for the action is the Endangered Species Act (16 
U.S.C. 1531 et seq.).


[[Page 63661]]


    Dated: October 16, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-30540 Filed 11-13-98; 8:45 am]
BILLING CODE 4310-55-P