9724 Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Proposed Rules

State City/town/county Source of flooding Location

#Depth in feet above

ground. *Elevation in feet.

(NGVD)

Existing Modified

Maps are available for inspection at the City of Piedmont City Hall, 314 Edmond Road, Piedmont, Oklahoma.

Send comments to The Honorable John Bickerstaff, Mayor, City of Piedmont, City Hall, 314 Edmond Road, Piedmont, Oklahoma 73078.

Texas ..................... Junction (City)

Kimble County.

Llano River ....................... Approximately 500 feet downstream of

Interstate Highway 10.

*1,698 *1,695

At confluence of North and South Llano

Rivers.

*1,703 *1,698

North Llano River ............. At confluence of with South Llano River .. *1,703 *1,698

Approximately 1,000 feet upstream of

U.S. Highways 83, 290, and 377.

*1,715 *1,709

South Llano River ............. At confluence with North Llano River ....... *1,703 *1,698

Approximately 700 feet upstream of

Flatrock Lane.

*1,716 *1,711

Maps are available for inspection at the City of Junction City Hall, 102 North Fifth Street, Junction, Texas.

Send comments to The Honorable Keaton Blackburn, Mayor, City of Junction, 730 Main Street, Junction, Texas 76849.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance’’)

Dated: February 24, 1997.

Richard W. Krimm,

Executive Associate Director, Mitigation

Directorate.

[FR Doc. 97–5273 Filed 3–3–97; 8:45 am]

BILLING CODE 6718–04–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AC04

Endangered and Threatened Wildlife

and Plants; Withdrawal of Proposed

Rule to List Coccoloba Rugosa

(Ortego ́n) as Threatened

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; withdrawal.

SUMMARY: The U.S. Fish and Wildlife

Service withdraws the proposed rule to

list Coccoloba rugosa (ortego ́n) as

threatened, pursuant to the Endangered

Species Act of 1973, as amended. This

plant, endemic to Puerto Rico, occurs

primarily in the eastern portion of the

island. It is currently known from

approximately 33 localities. Based on an

evaluation of data available following

publication of the proposal and

evaluation of the comments, the Service

determines that listing of ortego ́n is not

warranted at the present time. The

Service expects to work together with

the U.S. Army, U.S. Navy, U.S. Forest

Service, the Puerto Rico Conservation

Trust and private landowners to protect

and monitor the status of the species on

these lands.

ADDRESSES: The complete file for this

action is available for inspection, by

appointment, during normal business

hours at the Caribbean Field Office, Box

491, Boquero ́n, Puerto Rico 00622.

FOR FURTHER INFORMATION CONTACT: Ms.

Susan R. Silander at the Caribbean Field

Office address (809/851–7297).

SUPPLEMENTARY INFORMATION:

Background

Although there are no records

available concerning when Coccoloba

rugosa was first discovered, it is known

that it was widely cultivated in

European botanical gardens during the

nineteenth century (Proctor, pers.

comm.). The species was named in 1815

and described in 1829 by the French

botanist Rene ́ Louiche Desfontaines

from a cultivated specimen at the

Botanical Garden of Paris (Little et al.

1974). This plant was reported from St.

Thomas more than a century ago, but it

is a doubtful record (Proctor, pers.

comm.).

Coccoloba rugosa is a small evergreen

tree 9 meters (30 feet) tall with a

diameter of approximately 12.5

centimeters (5 inches). The bark is

brown or gray and fissured, with faint

rings at the nodes. The green twigs are

stout, slightly flattened with

longitudinal ridges. The alternate

stalkless leaves are 22–60 centimeters

(9–24 inches) wide, very thick, brittle,

and hairless. The leaf surface is rugose,

with veins deeply sunken on the upper

side and prominent beneath. At the base

of each leaf is a large sheath (ocrea)

measuring 4–6 centimeters (1.5–2.5

inches) long. Inflorescences are

terminal, 30–75 centimeters (1–2.5 feet)

long with numerous small crimsoncolored flowers. Male and female

flowers are borne on different trees

(dioecious). The red ovoid fruits are

about 1 centimeter (.4 inch) long with

one brown, pointed, 3-angled seed that

is .5 centimeter (.2 inch) long.

Ortego ́n is known from approximately

5,000 individuals at 33 sites most of

which occur in the subtropical moist

forest life zone of northern and eastern

Puerto Rico. In eastern Puerto Rico the

species is known from 23 localities.

More than 1,000 individuals have been

located at several localities on a

privately-owned tourist resort complex

in the Humacao/Yabucoa area in eastern

Puerto Rico. An additional 400

individuals were found at Punta

Guayanez, adjacent to the tourist resort

complex. The species also occurs in 10

areas in the Punta Yeguas/Punta Toro

area of Yabucoa/Maunabo

municipalities. Portions of the Punta

Yeguas area are owned and managed by

the Puerto Rico Conservation Trust.

Approximately 350 individuals may

occur in these areas. More than 2,000

plants have been reported from the east

facing slopes of Cerro Mala Pascua at

approximately 100 meters above sea

level in the municipalities of Maunabo

and Patillas.

In northeastern Puerto Rico Coccoloba

rugosa has been reported from locations

in Luquillo, Rı ́o Grande, the El

Convento area of Fajardo, and from two

locations which fall within the

Caribbean National Forest

(approximately 36 plants).

In northern Puerto Rico the species

occurs in the limestone knolls within

the San Juan metropolitan area at two

localities: 6 individuals on the Fort

Buchanan Army installation in the

municipality of Guaynabo and one

locality consisting of 2 individuals on

the Sabana Seca Naval Security Group

Activities facility in the municipality of

Toa Baja. One population historically
Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Proposed Rules 9725

reported from west of the San Jose ́

lagoon in the San Juan metropolitan

area was destroyed some years ago

(Little et al. 1974).

Previous Federal Action

Coccoloba rugosa was included

among the plants being considered as a

candidate species (species for which the

Service has on file sufficient

information on biological vulnerability

and threat(s) to support issuance of a

proposed rule to list) by the Service, as

published in the Federal Register notice

of review dated February 21, 1990 (55

FR 6184) and September 30, 1993 (58

FR 51144).

The Service published a proposal to

list ortego ́n as threatened on September

24, 1993 (58 FR 49660) based on

information available at that time. The

comment period on the proposal was

subsequently reopened until January 24,

1995 (59 FR 60598) to allow for the

collection and verification of additional

information. The deadline for

publishing a final listing decision was

extended in the same Federal Register

notice to March 24, 1995.

The processing of this action

conforms with the Service’s final listing

priority guidance published in the

Federal Register on December 5, 1996

(61 FR 64475). The guidance clarifies

the order in which the Service will

process rulemakings during fiscal year

1997. The guidance calls for giving

highest priority to handling emergency

situations (Tier 1) and second highest

priority (Tier 2) to resolving the listing

status of the outstanding proposed

listings. This rule falls under Tier 2. At

this time, there are no pending Tier 1

actions.

Summary of Comments and

Recommendations

In the September 24, 1993, 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 10,

1993. The Service received three letters

of comment, one supported the listing

(Puerto Rico Department of Natural and

Environmental Resources) and the other

two provided information (University of

Puerto Rico at Humacao and Vazquez

Environmental Services, Inc. for Palmas

del Mar, Inc.) but did not indicate either

support or opposition.

Nevertheless, on June 21, 1994, the

Service received a letter from Vinson &

Elkins, attorneys for the Palmas del Mar

Properties, Inc., which provided

additional information on both the

distribution and abundance of

Coccoloba rugosa. Based on this

additional information the Service

reopened the comment period through

January 24, 1995, and requested

additional information from Federal

agencies, Commonwealth of Puerto Rico

agencies, scientific organizations and

interested parties. One letter of

comment was received, from Vinson &

Elkins for Palmas del Mar, Inc., which

provided information similar to that in

their letter of June 21, 1994. The Service

has verified data provided by Palmas in

both of these letters and this

information has been incorporated into

the supplementary information

provided above.

Summary of Factors Affecting the

Species

The Endangered Species Act and

implementing regulations found at 50

CFR 424.17(3) provide for the basis for

determining a species to be endangered

or threatened and for withdrawing a

proposed rule when the proposal has

not been found to be supported by

available evidence. The five factors

described in section 4(a)(1) of the

Endangered Species Act, as they apply

to the withdrawal of the proposed

listing of Coccoloba rugosa (ortego ́n) are

as follows:

A. The Present or Threatened

Destruction, Modification, or

Curtailment of its Habitat or Range

At present, Coccoloba rugosa is

known from a total of 33 localities. Two

are located on land which is managed

by the U.S. Forest Service as part of the

Caribbean National Forest and the

species is included by the Forest Service

as a sensitive species and is considered

in environmental evaluations and in

management practices. The species

occurs on property of both the U.S.

Navy and the U.S. Army, both of which

are aware of the presence of the species

and the need to protect it. No activities

are currently proposed by these entities

for the areas where the species is found.

The localities at Punta Yeguas are

owned and managed by the Puerto Rico

Conservation Trust, a non-governmental

organization dedicated to the protection

of natural resources, and the

organization is aware of the presence of

the species on its property and the need

for its protection.

More than 1,000 individuals are

located within the boundaries of the

Palmas del Mar, Inc. resort in Humacao,

Puerto Rico. The resort has, in its most

recent development expansion proposal,

included all known individuals within

the project area in green areas and has

avoided impacting individuals. The

corporation has expressed interest in

protecting the species through a

cooperative agreement.

B. Overutilization for Commercial,

Recreational, Scientific or Educational

Purposes

Not applicable. Ortego ́n may be of

interest as a cultivated, ornamental

plant, and has been the subject of

successful propagation both by private

entities as well as by the Puerto Rico

Department of Natural and

Environmental Resources.

C. Disease or Predation

Not applicable.

D. The Inadequacy of Existing

Regulatory Mechanisms

The species is considered to be a

‘‘critical’’ species by the Puerto Rico

Department of Natural and

Environmental Resources and is

considered in evaluations done by the

agency for development proposals.

Listing under the Act would have

offered protection through Sections 7

and 9, and through recovery planning.

Nevertheless, the largest populations are

on privately-owned land where few

federally-funded or permitted projects

are anticipated.

E. Other Natural or Manmade Factors

Affecting its Continued Existence

Although the forests of eastern Puerto

Rico were dramatically affected by the

passage of Hurricane Hugo in 1989, the

species occurs in a sufficient number of

localities that would ensure its

continued survival.

Proposed Rule Withdrawal

The Service has carefully assessed the

best scientific and commercial

information available regarding the past,

present, and future threats faced by

Coccoloba rugosa in determining to

withdraw this proposed rule. The

withdrawal is based on the likelihood of

the species retaining its current

distribution and numbers and the

anticipated cooperation on the part of

both Federal and Commonwealth

agencies and non-governmental and

private entities in the conservation of

the species.

The Service withdraws the proposed

rule of September 24, 1993 (58 FR

49660) to list the Coccoloba rugosa as a

threatened species. At present the

Service does not consider this species a

Candidate for listing.
9726 Federal Register / Vol. 62, No. 42 / Tuesday, March 4, 1997 / Proposed Rules

References Cited

Little, E.L., R.O. Woodbury, and F.H.

Wadsworth. 1974. Trees of Puerto Rico and

the Virgin Islands. Second volume. U.S.

Department of Agriculture Handbook No.

449. Washington, D.C. 1024 pp.

Author

The primary author of this document

is Ms. Susan R. Silander (see ADDRESSES

section).

Authority

The authority for this action is section

4(b)(6)(B)(ii) of the Endangered Species

Act of 1973, as amended (16 U.S.C. 1531

et seq.).

Dated: February 10, 1997.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 97–5156 Filed 3–3–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 630

[Docket No. 960416112–7024–04; I.D.

111396A]

RIN 0648–AJ04

Atlantic Highly Migratory Species

Fisheries; Tuna Fishery Regulatory

Adjustments

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes to amend

regulations governing the Atlantic tuna

fisheries to: Divide the large schoolsmall medium size class quota and the

large medium-giant quotas of Atlantic

Bluefin Tuna (ABT) into north and

south regional subquotas; establish a

new tuna permit program to provide for

category changes, annual renewals and

the collection of fees; establish authority

for self-reporting for ABT landed under

the Angling category; prohibit the

retention of ABT less than the large

medium size class by vessels permitted

in the General category; prohibit all

fishing by persons aboard vessels

permitted in the General category on

designated restricted-fishing days; and

prohibit the use of spotter aircraft

except in purse seine fisheries. The

proposed regulatory amendments are

necessary to achieve domestic

management objectives for the Atlantic

tuna fisheries. NMFS will hold public

hearings to receive comments from

fishery participants and other members

of the public regarding these proposed

amendments.

DATES: Comments are invited and must

be received on or before March 31, 1997.

ADDRESSES: Comments on the proposed

rule should be sent to, William Hogarth,

Acting Chief, Highly Migratory Species

Management Division, Office of

Sustainable Fisheries (F/SF1), NMFS,

1315 East-West Highway, Silver Spring,

MD 20910–3282.

FOR FURTHER INFORMATION CONTACT: John

Kelly, 301–713–2347.

SUPPLEMENTARY INFORMATION: The

Atlantic tuna fisheries are managed

under the authority of the Atlantic

Tunas Convention Act (ATCA). ATCA

authorizes the Secretary of Commerce

(Secretary) to implement regulations as

may be necessary to carry out the

recommendations of the International

Commission for the Conservation of

Atlantic tunas (ICCAT). The authority to

implement ICCAT recommendations

has been delegated from the Secretary to

the Assistant Administrator for

Fisheries, NOAA (AA).

Relation to Advance Notices of

Proposed Rulemaking

This proposed rule responds in part to

comments received subsequent to two

recently published Advanced Notices of

Proposed Rulemaking (ANPR) (61 FR

43518, August 23, 1996 and 61 FR

48876, September 17, 1996). Written

comments were accepted over a 30 day

period following publication of each

ANPR. A summary of comments

received follows.

NMFS received comments from

several organizations and individuals in

support of dividing the large schoolsmall medium and large medium-giant

size class quotas into regional

subquotas. Many commenters are

concerned that the high catch rates off

North Carolina in the winter months

preclude the opportunity to land a

trophy size bluefin in other areas. Some

commenters felt that this would be a

more reasonable solution than delaying

the Angling category season until June

1. Still others suggested that since the

winter fishery off North Carolina is not

historical, at least at current levels, it

should not be allowed to increase if it

is likely to jeopardize the ABT recovery

program or preclude fisheries in

traditional areas.

Some commenters wrote in support of

providing NMFS the authority to close

and/or reopen all or part of the Angling

category in order to ensure an equitable

distribution of fishing opportunities.

NMFS has decided to address this

option in a separate regulatory action.

Regarding a new tuna permit program,

some commenters support annual

renewal and the collection of a fee.

Some individuals state that an annual

renewal system would be an

administrative burden. A few

commenters suggest a higher fee for

commercial and charter permits, and a

few oppose the fee altogether. Several

commenters support the establishment

of a self-reporting system for ABT

landed under the Angling category.

Some are concerned about NMFS

getting the resources to develop a

monitoring strategy in which the

constituency can have confidence.

Many commenters wrote to support

issuance of one permit per vessel so that

vessels could not fish in more than one

quota category. In July 1995, NMFS

issued regulations that precluded

issuance of both a General and Angling

category permit to a single vessel, but

that rule also allowed General and

Charter/Headboat permitted vessels to

fish under the Angling category quota.

The numerous comments NMFS

received in support of separating the

General and Angling category permits

can thus be translated as requests to

prohibit the retention of school ABT by

General category vessels.

Some commenters wrote to support

the requirement of logbooks for General

category vessels.

Over 350 post cards were received

that requested NMFS to prohibit fishing

by persons on General category vessels

on restricted-fishing days. A few

commenters oppose restricted-fishing

days. NMFS received 510 comments

supporting prohibition of spotter planes

in all handgear categories, two

comments supporting the prohibition

for the General category only, and one

comment supporting the prohibition for

the Harpoon category only.

NMFS has reviewed comments

received on the two ANPRs and has

considered them in developing this

proposed rule.

Relation to Proposed Consolidation

A proposed rule on ‘‘Atlantic Highly

Migratory Species Fisheries;

Consolidation of Regulations’’ was

published by NMFS on November 6,

1996, in the Federal Register at 61 FR

57361. The regulatory amendments

contained in this proposed rule have

been written to be consistent with the

previously proposed consolidation. As

proposed, the consolidated regulations

significantly reorganize and condense

regulatory text regarding the Atlantic

tuna fisheries. In particular, regulations

governing the Atlantic tuna fisheries,