[Federal Register Volume 62, Number 8 (Monday, January 13, 1997)]
[Rules and Regulations]
[Pages 1691-1694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-770]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD47


Endangered and Threatened Wildlife and Plants; Determination of 
Endangered Status for Juglans jamaicensis

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service) determines Juglans 
jamaicensis (nogal or West Indian walnut) to be an endangered species 
pursuant to the Endangered Species Act of 1973, as amended (Act). Nogal 
is known from the islands of Hispaniola, Cuba, and Puerto Rico.
    In Puerto Rico, this large tree is known from only 14 individuals 
at one locality in Adjuntas. The area is located near the Monte 
Guilarte Commonwealth Forest but is in private ownership and threatened 
by land-clearing for agriculture and rural development. This final rule 
provides Juglans jamaicensis with the Federal protection and recovery 
provisions afforded by the Act for listed species.

EFFECTIVE DATE: February 12, 1997.

hADDRESSES: 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.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Silander, Botanist, at the 
Caribbean Field Office address (809/851-7297).

SUPPLEMENTARY INFORMATION:

Background

    Juglans jamaicensis (nogal or West Indian walnut) was first 
described as J. jamaicensis by DeCandolle from a description and 
illustration of leaves, staminate catkin and fruit by Descourtilz which 
had been published under the name of Juglans fraxinifolia. DeCandolle 
mistakenly believed that the tree Descourtilz had illustrated 
originated in Jamaica, when in reality no walnut tree has ever been 
located in Jamaica. Synonyms which have been applied to the species 
include Juglans fraxinifolia Descourtilz, J. cinerea of Bello, J. 
insularis Griseb., J. portoricensis Dode, and J. domingensis (Proctor 
1992).
    Juglans jamaicensis is known from Cuba, Hispaniola and Puerto Rico 
but little information is currently available on its status in the 
first two countries (Liogier and Martorell 1982). It has been described 
by the Center for Plant Conservation (1992) as ``not common'' and by 
Proctor (1992) as becoming increasingly rare on these two islands.
    Nogal was first collected from Puerto Rico by Augustin Stahl around 
1865. This collection was from an area between Penuelas and Adjuntas at 
an elevation of approximately 700 meters (2,297 feet). The species was 
subsequently collected by the German botanist Paul Sintenis in 1886 
from somewhere near Adjuntas (Saltillo) and again in 1887 near Utuado 
(Santa Rosa). An additional collection was made by Bartolome Barcela in 
1915 from an area near Adjuntas (Little et al. 1974, Proctor 1992). 
Little et al. (1974) stated that the species might possibly be extinct.
    It was not reported again until 1974 when it was rediscovered by 
Roy O. Woodbury from the upper north slopes (an elevation of 1070 
meters (3,510 feet)) of Cerro La Silla de Calderon, an area located 
near the southwest corner of the municipality of Adjuntas. A survey of 
these trees was made in 1992 by Salvador Alemany of the U.S. Forest 
Service. A total of 14 individuals were documented, the largest of 
which was more than 20 meters (66 feet) in height. The species has been 
reported from montane forests at elevations between

[[Page 1692]]

700 and 1,000 meters (2,297 and 3,281 feet) (Proctor 1992).
    Juglans jamaicensis is a large tree which may reach up to 25 meters 
(82 feet) in height. Twigs, buds, and leaf-axes have minute rusty 
hairs. The leaves are alternate and compound and consist of from 16 to 
20 mostly paired, nearly stalkless leaflets. Leaflets are from 5.5 to 9 
centimeters (5.5 to 9 inches) long and 2.2 to 4 centimeters (0.9 to 1.6 
inches) wide, thin and nearly hairless except on the veins beneath. 
Leaflets are lanceolate, finely toothed, long-pointed and rounded, and 
unequal at the base. Nogal is monoecious; male and female flowers are 
borne in different clusters or catkins on the same tree. Staminate or 
male flowers are numerous and in drooping catkins, 8.8 to 11 
centimeters (3.5 to 4.3 inches) long, borne on the twigs of the 
previous year. Pistillate or female flowers are several along an axis 
4.4 to 8.8 centimeters (1.7 to 3.5 inches) long, borne at the ends of 
the shoots of the season. Individual male flowers are composed of a 6-
lobed calyx and many stamens. Female flowers are about 0.5 centimeters 
(0.2 inches) long, composed of a 4-toothed scale opening at one side 
and 4 sepals. The fruit, a drupe, is a walnut which is composed of a 
blackish husk, a brown rough-ridged hard shell from 1.6 to 2.75 
centimeters (0.6 to 1.1 inches) wide and one large, oily, edible seed 
(Little et al. 1974, Proctor 1992).
    Juglans jamaicensis may have been more widespread in Puerto Rico in 
the past, but much of the forested areas in the central mountain region 
were cut for the planting of coffee. The species, possibly never a 
common one, may also have been cut for the use of its valuable wood 
(Little et al. 1974). Today it is known from only one locality on 
privately-owned land where it is threatened by rural development and 
agricultural activity.

Previous Federal Action

    Juglans jamaicensis was included among the plants being considered 
as a Candidate for listing by the Service, as published in the Federal 
Register notice of review dated February 21, 1990 (55 FR 6184) and 
September 31, 1993 (58 FR 51144). Juglans jamaicensis 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). A proposed rule to list Juglans jamaicensis, 
published on September 29, 1995 (60 FR 50173), constituted the final 1-
year finding for the species in accordance with section 4(b)(3)(B)(ii) 
of the Act.
    The processing of this final rule conforms with the Service's final 
listing priority guidance published in the Federal Register on May 16, 
1996 (61 FR 24722). The guidance clarifies the order in which the 
Service will process rulemakings following two related events--(1) the 
lifting, on April 26, 1996, of the moratorium on final listings imposed 
on April 10, 1995 (Public Law 104-6), and (2) the restoration of 
significant funding for listing through the passage of the omnibus 
budget reconciliation law on April 26, 1996, following severe funding 
constraints imposed by a number of continuing resolutions between 
November 1995 and April 1996. 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 final rule falls under Tier 2. At this time, 
there are no pending Tier 1 actions. In the development of this final 
rule, the Service has conducted an internal review of all available 
information. Based on this review, the Service has determined that 
there is no new information that would substantatively affect this 
listing decision and that additional public comment is not warranted.

Summary of Comments and Recommendations

    In the September 29, 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 contacted and requested to comment. A newspaper notice inviting 
general public comment was published in the San Juan Star on October 
27, 1995, and in El Nuevo Dia on October 25, 1995. Two letters of 
comment were received, neither of which opposed the listing. The Puerto 
Rico Planning Board did not have comments on the listing but stated 
that they would utilize the information in the evaluation of projects 
which might affect the species. The U.S. Forest Service, Institute of 
Tropical Forestry (Institute), supported the listing of nogal, stating 
that the trees had not reproduced successfully recently but had, in the 
past, served as a source for seed. This seed source had been used to 
propagate seedlings in nurseries of the Puerto Rico Department of 
Natural and Environmental Resources, the Puerto Rico Conservation 
Trust, and the Institute. Concern was expressed that this successful 
propagation effort not be jeopardized. A public hearing was neither 
requested nor held.
    The Service also solicited the expert opinions of four appropriate 
and independent specialists regarding the pertinent scientific or 
commercial data and assumptions relating to taxonomy, population 
models, and biological and ecological information for this species. One 
response was received and those comments on biology and propagation 
have been incorporated into the final rule.

Summary of Factors Affecting the Species

    After a thorough review and consideration of all information 
available, the Service has determined that Juglans jamaicensis should 
be classified as an endangered 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 endangered or threatened due to one or more of the five factors 
described in section 4(a)(1). These factors and their application to 
Juglans jamaicensis (nogal or West Indian walnut) are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment 
of Its Habitat or Range

    Juglans jamaicensis is known only from Cuba, Hispaniola, and Puerto 
Rico. Available information indicates that it is rare on the first two 
islands (CPC 1992, Proctor 1992). In Puerto Rico, it is known from only 
one population consisting of 14 individuals on privately-owned land. 
Surrounding areas are currently planted in coffee. The expansion of the 
coffee plantation threatens these trees, particulary because the 
tendency to plant ``sun coffee'' is increasing and in such plantations 
all shade trees are eliminated. Located in a rural area, development 
for housing may threaten the species as well.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    The wood of the species is reported to be good quality and highly 
prized, and indeed, it is reported to have been cut in the past for 
such purposes (Little et al. 1974).

C. Disease or Predation

    Disease and predation have not been documented as factors in the 
decline of this species.

[[Page 1693]]

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, Juglans jamaicensis 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, listing will also assure the addition of this species to 
the Commonwealth list and enhance possibilities for funding needed 
research.

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 in a limited area, the risk of extinction is 
extremely high. Catastrophic natural events, such as the passing of 
Hurricane Hugo in 1989, may dramatically affect forest species 
composition and structure, felling large trees and creating numerous 
canopy gaps.
    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 
Juglans jamaicensis as endangered. The species is known from only one 
locality in Puerto Rico. Deforestation for rural and agricultural 
development are imminent threats to the survival of the species. 
Therefore, endangered rather than threatened status seems an accurate 
assessment of the species' condition. The reasons for not proposing 
critical habitat for these 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.
    Section 4(a)(3) of the Act, as amended, and implementing 
regulations 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 designation of critical habitat is not prudent for Juglans 
jamaicensis. 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 number of individuals of Juglans jamaicensis is sufficiently 
small and vandalism and collection could seriously affect the survival 
of the species. The wood of the species has been described as ``highly 
prized'' and cutting for timber has been identified as a factor 
affecting the species in the past. Publication of critical habitat 
descriptions and maps in the Federal Register would increase the 
likelihood of such activities. The Service believes that Federal 
involvement in the areas where these plants occur can be identified 
without the designation of critical habitat. All involved parties and 
landowners have been notified of the location and importance of 
protecting these species' habitat. Protection of these species' habitat 
will also be addressed through the recovery process and through the 
section 7 jeopardy standard. The precarious status of Juglans 
jamaicensis necessitates identical thresholds for determining adverse 
modification of critical habitat and jeopardizing the continued 
existence of the species. Therefore, no additional protection from 
designating critical habitat would occur for this species.

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, and private agencies, 
groups 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 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)(2) requires Federal agencies to ensure that 
activities they authorize, fund, or carry out are not likely to 
jeopardize the continued existence of such a 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 be through the use of Federal funding for rural housing 
and development (for example, the Rural Economic and Community 
Development or Housing and Urban Development) or Federal activities or 
authorizations (for example, U.S. Forest Service for forest management 
practices on private lands).
    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 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 law or 
regulation, including Commonwealth criminal trespass law. Certain 
exceptions can apply to agents of the Service and Commonwealth 
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 species under certain circumstances. It is

[[Page 1694]]

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 population of Juglans 
jamaicensis is located on privately-owned land. Since there is no 
Federal ownership, and the species is not currently in trade, the only 
potential section 9 involvement would relate to removing or damaging 
the plant in knowing violation of Commonwealth law, or in knowing 
violation of Commonwealth 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 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 (TE), 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 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. This rulemaking was not subject to review by the Office 
of Management and Budget under Executive Order 12866.

References Cited

Center for Plant Conservation. 1992. Report on the Rare Plants of 
Puerto Rico. Missouri Botanical Garden, St. Louis, Missouri.
Little, E.L. Jr, R.O. Woodbury, and F.H. Wadsworth. 1974. Trees of 
Puerto Rico and the Virgin Islands, Volume II. Agriculture Handbook 
No. 449. U.S. Department of Agriculture, Forest Service. Washington, 
D.C. 1024 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. 1992. Status report on Juglans jamaicensis C. DC. 
Unpublished report submitted to the U.S. Fish and Wildlife Service. 
7 pp.

    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 (787/851-7297).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, 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 17.12(h) is amended by adding the following, in 
alphabetical order under FLOWERING PLANTS, to the List of Endangered 
and Threatened Plants to read as follows:


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                                                                                                                               
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Juglans jamaicensis...............  Nogal or West Indian   U.S.A. (PR), Cuba,     Juglandaceae                  E          603           NA           NA
                                     walnut.                Hispaniola.                                                                                 
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
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    Dated: November 26, 1996.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-770 Filed 1-10-97; 8:45 am]
BILLING CODE 4310-55-P