Federal Register / Vol. 62, No. 241 / Tuesday, December 16, 1997 / Proposed Rules 65783

Council has opened DFARS Case 97–

D033 to revise DFARS Subpart 204.70,

Uniform Procurement Instrument

Identification Numbers, to address

various issues associated with the use of

Procurement Instrument Identification

Numbers (PIINs) and Supplemental

Procurement Instrument Identification

Numbers (SPIINs).

a. Among the revisions under

consideration is one to increase the

length of SPIINs used to identify call or

order numbers under contracts awarded

by another activity from 4 characters to

13, or possibly 15, characters. This

revision is similar to a revision included

in an earlier proposed rule, DFARS Case

92–D044, that was published in the

Federal Register on August 18, 1994 (59

FR 42566), and that was withdrawn on

December 28, 1994 (59 FR 66884), in

response to public comments addressing

the significant cost impact it would

have on existing automated systems.

The notice withdrawing the proposed

rule stated that ‘‘. . . both industry and

Government should ensure that these

proposed revisions can be

accommodated in any future automated

systems.’’ The DAR Council is

interested in hearing from industry and

Government activities with respect to

their ability to accommodate such a

change at this time. The Council asks

that respondents specifically address

whether assignment of a unique 13 (or

possibly 15) character SPIIN for every

order (i.e., every call or order would

have a completely unique SPIIN, and,

therefore, could be tracked by reference

to its SPIIN only) would improve the

potential benefits of the contemplated

revision.

b. Other issues under consideration

include:

1. To ensure compatibility with

automated systems that use contract

numbers, should there be a uniform

contract numbering system, or an agreed

upon maximum number of characters,

for basic contract numbers assigned to

all contracts subject to the Federal

Acquisition Regulation or, at least, to

any such contracts that may have calls

or orders issued under them by other

agencies?

2. Is there a need to use more than

two digits to designate the fiscal year

within PIINs, and possibly SPIINs, to

avoid potential Year 2000 problems in

automated systems?

Michele P. Peterson,

Executive Edtior, Defense Acquisition

Regulations Council.

[FR Doc. 97–32757 Filed 12–15–97; 8:45 am]

BILLING CODE 5000–04–M

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.

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, Boquero ́n Field

Office, U.S. Fish and Wildlife Service,

P.O. Box 491, Boquero ́n, 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

Boquero ́n 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 midnineteenth 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

Gua ́nica, 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 Gua ́nica, 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 Susu ́ a

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
65784 Federal Register / Vol. 62, No. 241 / Tuesday, December 16, 1997 / Proposed Rules

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.
Federal Register / Vol. 62, No. 241 / Tuesday, December 16, 1997 / Proposed Rules 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 (Gua ́nica 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
65786 Federal Register / Vol. 62, No. 241 / Tuesday, December 16, 1997 / Proposed Rules

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, Boquero ́n 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, Rı ́o 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,

Boquero ́n 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:

§ 17.12 Endangered and threatened plants.

* * * * *

(h) * * *

Species

Historic range Family Status When listed Critical

habitat

Special

rules Scientific name Common name

FLOWERING PLANTS

* * * * * * *

Catesbaea

melanocarpa.

None ....................... U.S.A. (PR, VI) Antigua, Barbuda,

Guadeloupe.

Rubiaceae ............... E .................... NA NA

* * * * * * *
Federal Register / Vol. 62, No. 241 / Tuesday, December 16, 1997 / Proposed Rules 65787

Dated: November 25, 1997.

Director, Fish and Wildlife Service,

Jamie Rappaport Clark,

[FR Doc. 97–32738 Filed 12–15–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AE38

Endangered and Threatened Wildlife

and Plants; Proposed Rule to List the

Flatwoods Salamander as Threatened

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule and notice of

petition finding.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) proposes to list the

flatwoods salamander (Ambystoma

cingulatum) as a threatened species

under the authority of the Endangered

Species Act of 1973, as amended (Act).

This salamander occurs in isolated

populations scattered across the lower

southeastern Coastal Plain in Florida,

Georgia, and South Carolina. Habitat

loss and degradation from agriculture,

urbanization, and silvicultural practices

have resulted in the loss of over 80

percent of its pine flatwoods habitat.

Surviving populations are currently

threatened by the continued destruction

and degradation of their habitat. This

proposed rule, if made final, would

extend the Act’s protection to this

species.

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, U.S. Fish and

Wildlife Service, 6578 Dogwood View

Parkway, Jackson, Mississippi 39213.

Comments and materials received will

be available for public inspection, by

appointment, during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT: Ms.

Linda LaClaire at the above address, or

telephone 601/965–4900, Ext. 26;

facsimile 601/965–4340.

SUPPLEMENTARY INFORMATION:

Background

The earliest reference to the flatwoods

salamander, Ambystoma cingulatum,

was by Cope in 1867 from specimens he

collected in Jasper County, South

Carolina (referenced in Martof 1968).

This salamander is a member of the

family Ambystomatidae, the mole

salamanders, which contains 15 North

American species. A phylogenetic

analysis of ambystomatid salamanders

was used to determine that the

flatwoods salamander is most closely

related to the ringed salamander (A.

annulatum), which occurs in portions of

Arkansas, Missouri, and Oklahoma

(Shaffer et al. 1991).

The flatwoods salamander is a

slender, small-headed mole salamander

that rarely exceeds 13 centimeters (cm)

(approximately 5 inches (in)) in length

when fully mature (Means 1986, Conant

and Collins 1991, Ashton 1992). Adult

dorsal color ranges from black to

chocolate-black with highly variable

fine, light gray lines forming a netlike or

cross-banded pattern across the back

(Palis 1996). Undersurfaces are plain

gray to black with a few creamy or

pearl-gray blotches or spots. Sexual

dimorphism is only apparent in

breeding males (swollen cloacal region)

or in gravid females. Adults most

closely resemble Mabee’s salamander,

A. mabeei, with which it shares part of

its range in South Carolina (Martof

1968). Mabee’s salamanders are often

more brownish; have light flecking

concentrated on their sides rather than

the overall pattern of the flatwoods

salamander; and have a single row of

jaw teeth as opposed to multiple rows

in the flatwoods salamander (Conant

and Collins 1991).

Flatwoods salamander larvae are long

and slender, broad-headed and bushygilled, with white bellies and striped

sides (Means 1986, Ashton 1992, Palis

1995d). They have distinctive color

patterns, typically a tan mid-dorsal

stripe followed by a grayish black

dorsolateral stripe, a pale cream midlateral stripe, a blue-black lower lateral

stripe and a pale yellow ventrolateral

stripe (Palis 1995d). The head has a dark

brown stripe passing through the eye

from the nostril to the gills (Means

1986).

Optimum habitat for the flatwoods

salamander is an open, mesic woodland

of longleaf/slash pine (Pinus palustris/P.

elliottii) flatwoods maintained by

frequent fires. Pine flatwoods are

typically flat, low-lying open woodlands

that lie between the drier sandhill

community upslope and wetlands down

slope (Wolfe et al. 1988). An organic

hardpan, 0.3 to 0.7 meters (m)(1 to 2

feet) into the soil profile, inhibits

subsurface water penetration and results

in moist soils with water often at or near

the surface (Wolfe et al. 1988).

Historically, longleaf pine generally

dominated the flatwoods with slash

pine restricted to the wetter areas (Wolfe

et al. 1988). Wiregrasses (Aristida sp.),

especially A. beyrichiana, are often the

dominant grasses in the herbaceous

ground cover (Wolfe et al. 1988). The

ground cover supports a rich

herbivorous invertebrate community

which serves as a food source for the

flatwoods salamander.

Adult and subadult flatwoods

salamanders are fossorial (adapted for

living underground) (Mount 1975). They

enlarge crayfish burrows (Ashton 1992)

or build their own. Captive flatwoods

salamanders have been observed digging

burrows and resting at night with just

the tip of their heads exposed (Goin

1950). Preliminary data indicate that

flatwoods salamander males first breed

at 1 year of age and females at 2 years

of age (Palis 1996). There are no data on

survivorship by age class for the species.

The longevity record for their close

relative, A. annulatum, is 4 years, 11

months; however, many

Ambystomatidae live 10 years or longer

(Snider and Bowler 1992).

Adult flatwoods salamanders move to

their wetland breeding sites during

rainy weather, in association with cold

fronts, from October to December (Palis

1997). Breeding sites are isolated (not

connected to any other water body)

pond cypress (Taxodium ascendens),

blackgum (Nyssa sylvatica var. biflora),

or slash pine dominated depressions

which dry completely on a cyclic basis.

They are generally shallow and

relatively small. Breeding sites in

Florida have a mean size of 1.49

hectares (ha) (3.68 acres (ac)) and a

mean depth of less than 39.2 cm (15.4

in) (Palis, in press). These wetlands

have a marsh-like appearance with

sedges often growing throughout and

wiregrasses (Aristida sp.), panic grasses

(Panicum spp.), and other herbaceous

species concentrated in the shallow

water edges. Trees and shrubs grow both

in and around the ponds. A relatively

open canopy is necessary to maintain

the herbaceous component which serves

as cover for flatwoods salamander larvae

and their aquatic invertebrate prey.

Flatwoods salamander larvae were not

captured in sample plots with a high

proportion of detritus or open water in

a study on the Apalachicola National

Forest in Florida (Sekerak et al., in

press). Ponds typically have a

burrowing crayfish fauna (genus

Procambarus) and a diverse

macroinvertebrate fauna, but lack large

predatory fish (e.g., Lepomis (sunfish),

Macropterus (bass), Amia calva

(bowfin)).

Before the breeding sites become

flooded, the males and females court

and the females lay their eggs (singly or

in clumps) beneath leaf litter, under logs