1644 Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Rules and Regulations

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AD48

Endangered and Threatened Wildlife

and Plants; Determination of

Endangered Status for the Plant Cordia

Bellonis

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The Fish and Wildlife Service

(Service) determines Cordia bellonis (no

common name) to be endangered

pursuant to the Endangered Species Act

(Act) of 1973, as amended. This species

is a shrub endemic to the island of

Puerto Rico and it is restricted to three

public forests—Maricao, Susua, and Rio

Abajo. The species is threatened by

habitat loss, some forest management

practices, and restricted distribution.

This final rule will implement the

Federal protection and recovery

provisions afforded by the Act for

Cordia bellonis.

DATES: Effective February 10, 1997.

ADDRESSES: The complete file for this

rule is available for inspection, by

appointment, during normal business

hours, at the Boquero ́n Field Office, U.S.

Fish and Wildlife Service, P.O. Box 491,

Boquero ́n, Puerto Rico 00622.

FOR FURTHER INFORMATION CONTACT: Ms.

Marelisa Rivera at the Boquero ́n Field

Office address (809/851–7297).

SUPPLEMENTARY INFORMATION:

Background

Cordia bellonis was described by

Urban in 1899 from specimens collected

by Paul Sintenis at ‘‘Monte Alegrillo’’ in

the municipality of Maricao, Puerto

Rico (Urban 1899). The name of ‘‘Monte

Alegrillo’’ has disappeared from use, but

according to Proctor (1991), N.L. Britton

referred to ‘‘Monte Alegrillo’’ as the

peak at the extreme head of the Rio

Maricao, with an elevation of 900

meters. This type location was

developed for the installation of

telecommunication towers. Paul

Sintenis collected Cordia bellonis in the

area known as Indiera Frı ́a. The species

was also collected by Britton and Brown

in 1915 from Monte Cerrote near

Adjuntas (Proctor 1991). Britton and

Wilson (1925) described the species as

Varronia bellonis and identified its

distribution as mountain-sides in the

vicinity of Maricao. Liogier and

Martorell (1982) stated that the species

distribution was the mountain slopes

and serpentine hills in northwestern

districts of Puerto Rico. Proctor (1991)

reported only 4 individuals of Cordia

bellonis from Caı ́n Alto Ward in the

Maricao Commonwealth Forest.

Breckon and Kolterman (1993) reported

87 individuals at 17 localities in three

areas in Maricao. Half of the localities

consist of isolated individuals.

The species was reported for the first

time in Susu ́ a in 1992, where a small

population of 5 individuals was found

(Breckon and Kolterman 1993). Cordia

bellonis was also unknown from the Rı ́o

Abajo Commonwealth Forest until it

was found in 1994 (Federal Highway

Administration and Puerto Rico

Highway and Transportation Authority

1994). Approximately 118 individuals

were found in 12 localities. Ninety-five

(82 percent) of these individuals were

removed for possible future

reintroduction because of the

construction of the road PR 10 (PR

Highway and Transportation Authority

1995).

Cordia bellonis has been found in

serpentine soils at Maricao and Susu ́ a at

road edges, river margins, and on steep

slopes (Breckon and Kolterman 1993).

In the Rı ́o Abajo Forest, the species was

found either on sunny banks along dirt

roads growing in thickets of vegetation

or in open saddles between limestone

hills (Federal Highway Administration

and Puerto Rico Highway and

Transportation Authority 1994).

Cordia bellonis is an arching to erect

shrub of about 1 to 2 meters (3.3 to 6.6

feet) high with very slender twigs with

short hairs. The leaves are alternate,

oblong to oblong-lanceolate, 2 to 6

centimeters (0.79 to 2.36 inches) long,

usually 2.5 to 3 times longer than wide.

The corolla is white with 4 subcylindric

lobes. The fruit is a pointed drupe, 5

millimeters (0.20 inches) in length

(Proctor 1991). The white axillary

flowers are unisexual and the plants are

either male or female (dioecious)

(Breckon and Kolterman 1993).

The species is threatened by habitat

destruction and modification, forest

management practices, and restricted

distribution. Eighty-two percent of the

individuals known from the Rı ́o Abajo

Commonwealth Forest were removed

from the forest for the construction of a

highway. Breckon and Kolterman (1994)

reported that 14 individuals from

Maricao appeared to have been

eliminated due to clearing along the

roadside of the forest. In 1995, twenty

additional individuals were apparently

destroyed by the clearing which

occurred for the reconstruction of Road

362 in the Camp Santana area.

Restricted distribution coupled with the

requirement for adequate numbers of

both male and female plants in a viable

population are limiting factors for the

species. In a large number of the

localities where the species is found, the

shrub occurs as isolated individuals.

Because of forest destruction, less than

half of the individuals previously

known remain in these three forests.

Previous Federal Action

Cordia bellonis was designated a

candidate species in the Federal

Register notice of review for plant taxa

dated September 30, 1993 (58 FR

51144). The species was recommended

for listing by Proctor (1991) in a Status

Report prepared for the species. In

further studies conducted for the

species, Breckon and Kolterman (1993)

also recommended the species for

listing. Cordia bellonis is considered to

be a critical plant by the Natural

Heritage Program of the Puerto Rico

Department of Natural and

Environmental Resources. A proposed

rule to list Cordia bellonis as

endangered was published on

September 28, 1995 (60 FR 50176).

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 substantively

affect this listing decision and that

additional public comment is not

warranted.

Summary of Comments and

Recommendations

In the September 28, 1995, proposed

rule and associated notifications, all

interested parties were requested to

submit factual reports or information
Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Rules and Regulations 1645

that might contribute to the

development of a final rule. Appropriate

agencies of the Commonwealth of

Puerto Rico, Federal agencies, scientific

organizations, and interested parties

were requested to comment. Newspaper

notices inviting general public comment

were published in ‘‘The San Juan Star’’

on October 14, 1995, and in ‘‘El Nuevo

Dı ́a’’ on October 16, 1995. Two

comment letters were received and are

discussed as follows. Dr. G.J. Breckon

and Dr. D.A. Kolterman, both from the

University of Puerto Rico, Mayaguez

Campus, supported the proposal to list

Cordia bellonis as an endangered

species. The U.S. Department of the

Army, Jacksonville District Corps of

Engineers, Antilles Office, provided

comments, but did not indicate support

or objection to listing the species.

Comments supplying supplemental data

have been incorporated into the

Background section of this rule, as

appropriate. A public hearing was

neither requested nor held.

The Service also solicited the expert

opinions of three appropriate and

independent specialists regarding

pertinent scientific or commercial data

and assumptions relating to

distribution, abundance, status, and

biological and ecological information for

Cordia bellonis. Two responses from the

specialists were received; they

supported the listing of the species as an

endangered species, and supplemental

data was incorporated into this final

rule.

Summary of Factors Affecting the

Species

After a thorough review and

considertion of all information

available, the Service has determined

that Cordia bellonis should be classified

as an endangered species. Procedures

found at section 4(a)(1) of the

Endangered Species Act and regulations

implementing the listing provisions of

the Act (50 CFR part 424) were

followed. A species may be determined

to be an endangered or threatened

species due to one or more of the five

factors described in section 4(a)(1).

These factors and their application to

Cordia bellonis, are as follows:

A. The present or threatened

destruction, modification, or

curtailment of its habitat or range.

Destruction and modification of the

habitat is considered one of the most

significant factors affecting the numbers

and distribution of Cordia bellonis. This

species is only known from three areas

in Puerto Rico; Maricao, Susu ́ a, and Rı ́o

Abajo.

In Maricao, the species is found at 17

localities in three areas, for a total of 87

individuals. Thirty-four of these

individuals have been eliminated due to

clearing along the roadside and the

reconstruction of Road 362. Half of the

localities consist of isolated individuals.

The dioecious condition of the species

is a factor limiting reproduction by

these individuals. Because the majority

of these individuals occur along both

sides of two public roads, maintenance

of road sides, as well as fires and

vandalism, may result in the loss of

these individuals. In Susu ́ a, a small

population of only 5 individuals was

found in 1992. The species was

previously unknown from this area.

This small population may be affected

by forest management practices. Cordia

bellonis was also unknown from the Rı ́o

Abajo forest until it was found in 1994.

Approximately 118 individuals were

found in 12 localities. Ninety-five

individuals were located along the

construction route for a highway (which

is now completed) and were removed

for possible future transplantation. Of

the remaining 23 individuals, 13 have

been found in an area designated for

compensation (mitigation) for the

highway and 10 are found in highway

rights-of-way. The species is also known

from a private landholding where

extraction of fill material for the

construction of the road will likely

result in the loss of these plants. The

rareness and restricted distribution

make this species vulnerable to habitat

destruction and modification.

B. Overutilization for commercial,

recreational, scientific, or educational

purposes. Taking for these purposes has

not been a documented factor in the

decline of this species.

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 to certain

Commonwealth listed species. However,

Cordia bellonis is not yet on the

Commonwealth list. Federal listing will

provide immediate protection to the

species, and by virtue of an existing

section 6 Conservation Agreement with

the Commonwealth, listing will also

assure the addition of this species to the

Commonwealth list and enhance its

possibilities for funding needed

research.

E. Other natural or manmade factors

affecting its continued existence. Two

significant factors affecting this species

are its limited distribution and

dioecious condition. The limited

distribution of this species makes it

particularly vulnerable to extinction

from naturally occurring events such as

fire and local management practices. As

a dioecious plant, Cordia bellonis

requires outcrossing to successfully

reproduce. Being dioecious creates a

limiting factor affecting the continued

existence of this rare plant since most

remaining individuals are widely

separated from each other and,

therefore, unlikely to reproduce.

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 Cordia bellonis

as endangered. The rarity of this plant

makes the species vulnerable to the loss

of any individual. Only 81 individuals

of Cordia bellonis are known to occur in

the wild. Habitat modification may

dramatically affect this endemic plant.

Therefore, endangered, rather than

threatened, status is considered an

accurate assessment of the species’

condition. The reasons for not

designating critical habitat for this

species are discussed in the ‘‘Critical

Habitat’’ section of this rule.

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 geographical 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

(50 CFR 424.12) 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 Cordia bellonis. Service

regulations (50 CFR 424.12 (a)(1)) state

that 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
1646 Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Rules and Regulations

species, or (2) such designation of

critical habitat would not be beneficial

to the species.

Populations of Cordia bellonis are

small and accessible. Vandalism and

cutting could seriously affect the

survival of the species. 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 this

plant occurs can be identified without

the designation of critical habitat. All

involved parties and landowners have

been notified of the location and

importance of protecting this species’

habitat. Protection of this species’

habitat will also be addressed through

the recovery process and through the

section 7 jeopardy standard. The

precarious status of Cordia bellonis

necessitates identical threshholds 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

States and requires that recovery actions

be carried out for all listed species. 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 the species or destroy or

adversely modify its critical habitat. If a

Federal action may adversely affect a

listed species or its critical habitat, the

responsible Federal agency must enter

into formal consultation with the

Service.

The majority of the individuals of

Cordia bellonis known from Maricao are

found along both sides of roads PR #120

and PR #362. Any widening of these

roads, installation of water and sewer

pipelines, and the installation of

powerlines along these roads may

adversely affect the species. These types

of activities could be funded by Federal

agencies (for example, the Federal

Highway Administration, U.S. Housing

and Urban Development, and Rural

Development). Cordia bellonis was

seriously affected by the construction of

a highway in the Rı ́o Abajo

Commonwealth Forest. This road was

funded by the Federal Highway

Administration and 82 percent of the

individuals of Cordia bellonis were

removed from the Forest for possible

future transplantation.

The Act and its implementing

regulations set forth a series of general

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, transport in interstate

or foreign commerce in the course of a

commercial activity, sell or offer for sale

in interstate or foreign commerce, or

remove and reduce the species to

possession 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 such plants

in knowing violation of any State law or

regulation, including State criminal

trespass law. Certain exceptions to the

prohibitions apply to agents of the

Service and State 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 or survival of the species.

Few trade permits for this plant 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 (50 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 Cordia bellonis

are restricted to three Commonwealth

forests—Maricao, Susu ́ a and Rı ́o Abajo.

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 a

Commonwealth law or regulation,

including 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

activites will constitute a violation of

section 9 should be directed to the Field

Supervisor of the Service’s Boquero ́n

Field Office (see ADDRESSES section).

Requests for copies of the regulations on

listed species and inquiries regarding

prohibitions and permits should be

addressed to 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 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

Endangered Species Act of 1973, as

amended. A notice outlining the

Service’s reasons for this determination

was published in the Federal Register

on October 25, 1983 (48 CFR 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.
Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Rules and Regulations 1647

References Cited

Breckon, G.J. and D.A. Kolterman. 1993.

Cordia bellonis Urban [Boraginaceae].

Final report under cooperative

agreement No. 14–16–0004–92–970

between U.S. Fish and Wildlife Service

and the University of Puerto Rico,

Mayaguez Campus. 14 pp.

Breckon, G.J. and D.A. Kolterman. 1994.

Cordia bellonis Urban [Boraginaceae].

Final report under cooperative

agreement No. 14–16–0004–93–973

between U.S. Fish and Wildlife Service

and the University of Puerto Rico,

Mayaguez Campus. 4 pp.

Britton, N.L. and P. Wilson. 1925. Scientific

survey of Porto Rico and the Virgin

Islands. Volume VI–Part 1. Botany of

Porto Rico and the Virgin Islands.

Descriptive flora-Spermatohyta

(continued). New York Academy of

Sciences, New York. 158 pp.

Federal Highway Administration and the

Puerto Rico Highway and Transportation

Authority. 1994. Biological Assessment

Relocation of PR–10 Utuado, Puerto

Rico. Unpublished Report.

Liogier, H.A. 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. 1991. Puerto Rican plant species

of concern: Status and recommendations.

Miscellaneous Scientific Publication No.

2. Department of Natural and

Environmental Resources, San Juan,

Puerto Rico. Pp. 59–61.

Puerto Rico Highway and Transportation

Authority. 1995. Report to U.S. Fish and

Wildlife Service on plant species, Puerto

Rican boa and monitoring program of the

broad-winged hawk PR–10 Highway,

Arecibo-Utuado. Unpublished report.

Urban. 1899. Symb. Antill. 1:393.

Author

The primary author of this final rule is Ms.

Marelisa Rivera, Boquero ́n Field Office, U.S.

Fish and Wildlife Service, P.O. Box 491,

Boquero ́n, Puerto Rico 00622 (809/851–

7297).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements, and

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:

§ 17.12 Endangered and threatened plants.

* * * * *

(h) * * *

Species

Historic range Family Status When listed Critical

habitat

Special

rules Scientific name Common name

FLOWERING PLANTS

* * * * * * *

Cordia bellonis ......... None ........................ U.S.A. (PR) ............. Boraginaceae .......... E 601 NA NA

* * * * * * *

Dated: December 6, 1996.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 97–564 Filed 1–9–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AC64

Endangered and Threatened Wildlife

and Plants; Determination of

Endangered Status for the Cumberland

Elktoe, Oyster Mussel, Cumberlandian

Combshell, Purple Bean, and Rough

Rabbitsfoot

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The Fish and Wildlife Service

(Service) determines endangered status

for five freshwater mussels—

Cumberland elktoe (Alasmidonta

atropurpurea), oyster mussel

(Epioblasma capsaeformis),

Cumberlandian combshell (Epioblasma

brevidens), purple bean (Villosa

perpurpurea), and rough rabbitsfoot

(Quadrula cylindrica strigillata)—under

the Endangered Species Act of 1973, as

amended (Act). All five species have

undergone significant reductions in

range and numbers. They now exist as

relatively small, isolated populations.

The Cumberland elktoe exists in very

localized portions of the Cumberland

River system in Kentucky and

Tennessee. The oyster mussel and

Cumberlandian combshell persist at

extremely low numbers in portions of

the Cumberland and Tennessee river

basins in Kentucky, Tennessee, and

Virginia. The purple bean and rough

rabbitsfoot currently survive in a few

river reaches in the upper Tennessee

River system in Tennessee and Virginia.

These species were eliminated from

much of their historic range by

impoundments. Presently, these species

and their habitats are being impacted by

deteriorated water quality, primarily

resulting from poor land-use practices.

Because the species have such restricted

ranges, they are vulnerable to toxic

chemical spills.

DATES: Effective February 10, 1997.

ADDRESSES: The complete

administrative file for this rule is

available for inspection, by

appointment, during normal business

hours at the U.S. Fish and Wildlife

Service, Asheville Field Office, 160

Zillicoa Street, Asheville, North

Carolina 28801.

FOR FURTHER INFORMATION CONTACT: Mr.

Richard G. Biggins at the above address,

or telephone 704/258–3939, Ext. 228.

SUPPLEMENTARY INFORMATION:

Background

Cumberland elktoe (Alasmidonta

atropurpurea)

The Cumberland elktoe, described by

Rafinesque (1831), has a thin but not

fragile shell. The shell’s surface is

smooth, somewhat shiny, and covered

with greenish rays. Young specimens

have a yellowish brown shell, and the

shells of adults are generally black. The

inside of the shell is shiny with a white,

bluish white, or sometimes peach or

salmon color (see Clarke (1981) for a