13488 Federal Register / Vol. 55, No. 69 I Tuesday. April 10, 1990 I Rules and Regulations

DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: defined under the authority of the Responsibility for the Steller sea lion National Environmental Pnlicy Act of Ash and Wildlife Service under the Endangered Species Act (16 1969, need not be prepared in regard to U.S.C. 1531 et seq.) lies with the regulations adopted under section 4(a) 5OCFRPart 1741 ~t O National Marine Fisheries Service of the Act. A notice outlining the (NMFS), National Oceanic and reasons for this determination was RIN 1O18-AB41 Atmospheric Administration, published in the Federal Register on Endangered and Threatened Wildlife Department of Commerce. See October 25, 1985 (48 FR 49244). and ; Emergency Usting of the Reorganization Plan No. 4 of 1970. List of Subjects in 50 CFR Part 17 Steller Sea Lion Section 4(a)(2)(A) of the Act provides that NMFS must decide whether a Endangered and threatened species, AGENCY: Fish and Wildlife Service, species under its jurisdiction should be Fish, Marine mammals. Plants Interior. listed as endangered or threatened. The (agriculture). Fish and Wildlife Service (FWS) is ACTION: Emergency rule. RegulationPromulgation responsible for the actual addition of a species to the List of Endangered and Accordingly, part 17, subchapter B of SUMMARY: The Service adds the Steiler chapter 1, title 50 of the Code of Federal (northern) sea lion (Eumetopias jubatus) Threatened Wildlife in 50 CFR 17.11(h). In the April 5, 1990, issue of the Regulations, is amended as set forth to theList of Endangered and below: Threatened Wildlife for a period of 240 Federal Register (55 FR 12645). NMFS days. This measure is required by published its emergency determination PART 17—[AMENDEDI section 4(a)(2)(A) of the Endangered of threatened status for the Steller sea Species Act of 1973 in order to lion. Accordingly, the FWS is required 1. The authority citation for part 17 implement an emergency determination by section 4(a)(2)(A) of the Act to add continues to read as follows: of threatened status by the National the Steller sea lion as a threatened Authority: 16 U.S.C. 1361-1407: 16 U.S.C. Marine Fisheries Service, which has species to the List of Endangered and 1531—1543; 16 U.S.C. 4201—4245; Pub. L 99-. jurisdiction for the Steller sea lion. Threatened Wildlife for the 240-day 625, 100 Stat. 350th unless otherwise noted. period of the NMFS emergency rule, DATES: This emergency rule is effective 2. Section 17.11(h) is amended from Because this FWS action is April 10, 1990, through December 3, 1990, on April 10, 1990, and expires on nondiscretionary, and, in view of December 3, 1990. by adding the following, in alphabetical NMFS’s emergency finding under order, to the List of Endangered and FOR FURTHER INFORMATiON CONTACfl section 4(b)(7) of the Act, the FWS finds Threatened Wildlife under Dr. Ralph Morgenweck, Assistant that good cause exists to omit thenotice “MAMMALS:” Director, Fish and Wildlife and public comment procedures of 5 Enhancement, U.S. Fish and Wildlife U.S.C. 553(b). § 17.11 Endangered and threatened Service (A.FWE—3024 MID), Department The FWS also has determined that an wildlife. of the Interior. Washington, DC 20240 Environmental Assessment or (202/343-4648, VFS 343-4646). Environmental Impact Statement, as (h) ** *

Species Vertebrate Critical Special habitat rules Common name scientific name Historic range p0~0nendangeredthreatened~ or Status Whenlisted

MAMMALS: *

Sea-lion, Steller (= north- Eumetopiás jubatus U.S.A. (AK. CA, OR, WA), Entire_.._ ...._.~. T 384E NA 227.12 em). Canada, Soviet Union; North Pacific Ocean.

Dated: April 4, 1990. Richard N. Smith, Acting Director, Fish and Wildlife Service. (FR Doc. 90—8241 Filed 4—9—90; 8:45 am) BIWNG CODE 4310-55-N 13488 Federal Register I Vol. 55, No. 69 / Tuesday, April 10, 1990 / Rules and Regulations

ACTION: Final ru’e. the Federalprotection and recovery provisions afforded by the Act to SUMMARY: The Service determines Ottoschuizia rhodoxylon. rhodoxylon (palo de rosa) EFFECTIVE DATE May 10, 1990. tobe an endangered 8pecies pursuant to the Endangered Species Act (Act) of ADDRESSES: The complete file for this 1973, as amended. Ottoschulzia rule is available for inspection, by DEPARTMENTOF THE INTERIOR rhodoxylon is a that is endemic to appointment, during normal business Puerto Rico and Hispaniola. In Puerto hoursat the Caribbean Field Office, U.S. 50 CFR Part 17 Rico it is found in the limestone hills of Fish and Wildlife Service, P.O. Box 491, thenorth coast, on limestone-derived BoquerOn, Puerto Rico 00622, and at the RIN 1018—AB31 soils of the south coast, and on the Service’s Southeast Regional Office, Endangered and ThreatenedWildlife serpentine soils of the western Suite 1282, 75 Spring Street SW., and Plants; Determination of mountains. Only nine individuals are Atlanta, Georgia 30303. EndangeredStatus for Ottoschulzia known to exist in these three areas. The FOR FURTHER INFORMATION CONTACT: rhodoxylon (Palo de Rosa) species is threatened by deforestation Ms. Susan Silander at the Caribbean due to the expansion of residential and AGENCY: Fish and Wildlife Service, industrial areas and by its extremely Field Office address (809/551—7297) or Interior. low numbers. This final rule will extend Mr. David P. Flemming at the Atlanta Federal Register / Vol. 55, No. 69 / Tuesday, April 10, 1990 / Rules and Regulations 13489

Regional Office address (404/331—3583 These serpentine outcrops and Star on August 13, 1989. Two letters of or FTS 841—3583). serpentinaceous soils contribute to a comment were received and are SUPPLEMENTARY INFORMATION: high floristic diversity and endemism. discussed below. Deforestation for agriculture, grazing, The U.S. Army Corps of Engineers, Background charcoal production, and urban and Jacksonville District, reported that they Ottoschulzia rhodoxylon (palo de industrial development has had a did not have ongoing studies or projects rosa) was first collected by Leopold significant effect on the native flora of within the known habitat of Krug near Mayaguez, Puerto Rico, in Puerto Rico. Much of the remaining Ottoschulzia rhodoxylon. 1876 and was described in 1908. This forest consists of secondary growth. Dr. José Vivaldi, Chief of the West Indian genus of only three species Individual of Ottoschulzia Terrestrial Ecology Section of the Puerto was dedicated to Otto Eugen Schulz, a rhodoxylon are known to have been lost Rico Department of Natural Resources, German botanist (Liogier and Martorell to forest clearing. The extreme rarity of did not have additional information on 1982). Today the species is known from thespecies and theapparent irregularity the status of the species. All herbarium one locality in thelimestone hill area on of flower and fruit production make the specimens examined were collected the north coast near Bayamón, and in species extremely vulnerable to the loss from theknown localities. Due to the several sites in the Guánica of anyone individual. extreme rareness of the species, he Commonwealth Forest, a dry limestone Ottoschulzia rhodoxylon was supported listing as endangered. forest on the south coast. One individual recommended for Federal listing by the Smithsonian Institution (Ayensu and Summary of Factors Affecting the has recently been reported from the Species Maricao Commonwealth Forest (G. DeFilipps 1978). The species was Proctor, Puerto Rico Department of included among the plants being Section 4(a)(1) of the Endangered Natural Resources, personal considered as endangered or threatened Species Act (16 U.S.C. 1535 et seq.) and communication). Urban, residential, and species by the Service, as published in regulations (50 CFR part 242) industrial expansion has greatly reduced the Federal Register (45 FR 82480) dated promulgated to implement the listing forested area in all three of these December 15, 1980; the November 28, provisions of the Act set forth the localities. The information available 1983, update (48FR 53680) of the 1980 procedures for adding species to the indicates that the species is also rare in notice; and the September 27, 1985, Federal lists. A species may be the Dominican Republic (Little et al. revised notice (50 FR 39526). The species determined to be an endangered or was designated category 1 (species for 1974, G. Proctor, personal threatened species due to one or more of communication). which the Service has substantial the five factors described in section information supporting the Ottoschulzia rhodoxylon is a small, 4(a)(1). These factors and their evergreen that has been reported to appropriateness of proposing to list application to Ottoschulzia rhodoxy!on them as endangered or threatened) in reach 12 to 15 feet (4 to 5 meters) in (palo de rosa) are as follows: each of the three notices. A. The present or threatened height. The leaves are alternate, In a notice published in the Federal glabrous, and elliptic to ovate. They are Register on February 15, 1983 (48 FR destruction, modification, or curtailment from 2 to 31/2 inches (5 to 9 centimeters) of its habitat or range. Muchof the 6752), the Service reported theearlier long and 1’/4 to 2~/2inches (3 to 6 acceptance of the new taxa in the island of Puerto Rico has been centimeters) wide, rounded or blunt at deforested, and today all of the known Smithsonian’s 1978 book as under the apex and the base, entire, thick, and petition within the context of section sites for Ottoschulzia rhodoxylon are leathery. Flowers have not been 4(b)(3)(A) of the Act, as amended in found in areas of secondary forests. The observed, but fruitshave recently been 1982. The Service subsequently found in north coast site lies just to the west of described as a one-seeded drupe with a each October of 1983 through 1988 that the San Juan metropolitan area, an area thin pericarp (G. Proctor, personal listing Ottonchulzia rhodoxylon was which is being rapidly developed. communication). Flowers in this genus warranted but precluded by other Undiscovered individuals in this area are bisexual, solitary or in clusters at pendinglisting actions of a higher are likely to be destroyed before being the leaf bases, and composed of a priority, and that additional data on discovered. Remaining individuals on tubular corolla with five lobes (Little et vulnerability and threats were still being the southwestern coast are found within al. 1974), As indicated by both the gathered. The Service proposed listing the Guánica Commonwealth Forest, but common name and specific name, the Ottoschulzia rhodoxylon on July 27, 1989 they are found in sites such as dry heartwood is reddish and suitable for (54 FR 31216), which constituted the stream beds and roadsides, which may articles of turnery. final finding required by the petition be vulnerable to forest management On the north coast Ottoschulzia process. practices that do not take the species rhodoxylon is found in semi-evergreen, into consideration. seasonal forests at an elevation of Summary of Comments and B. Overutilization for commercial, approximately 325 feet (100 meters) in Recommendations recreational, scientific, or educational the limestone hills of Bayamón, to the In the July 27, 1989, proposed rule and purposes. Taking for these purposes has west of the San Juan metropolitan area. associated notifications, all interested not been a documented factor in the On the south coast it occurs in low parties were requested to submit factual decline of this species. elevation, semi-deciduous dry forest on reports of information that might C. Disease or predation. Disease and limestone. One individual is found along contribute to the development of a final predation have not been documented as a dry stream bed, which carries water rule. Appropriate agencies of the factors in the decline of this species. only during periodic torrential rains. All Commonwealth ofPuerto Rico, Federal D. The inadequacy of existing known south coast individuals occur agencies, scientific organizations, and regulatorymechanisms. The within the Guánica Commonwealth other interested parties were contacted Commonwealth of Puerto Rico has Forest. In Maricao it is found on and requested to comment. A adopted a regulation that recognizes and serpentine soils in lower montane, semi- newspaper notice inviting general public provides protection for certain evergreen forest at an elevation of comment was published in the El Dia on Commonwealth listed species. However, approximately 1,960 feet (600 meters). August 16, 1989, and in the San Juan Ottoschulzia rhodoxylon is not yeton 13490 Federal Register / Vol. 55, No. 69 / Tuesday, April 10, 1990 / Rules and Regulations

the Commonwealth list. Federal listing Species Act include recognition, exceptionscan apply to agents of the would provide immediate protection recovery actions, requirements for Service and Commonwealth - and, if the species is ultimately placed Federal protection. and prohibitions conservation agencies. The Act and 50 on the Commonwealth list, enhance its against certain practices. Recognition CFR 17.62 and 17.63 also provide for the protection and possibilities for funding through listing encourages and results in issuance of permits to carry out needed research. conservation actions by Federal, otherwiseprohibited activities involving E. Other naturalor manmadefactors Commonwealth, and private agencies, endangered species under certain affecting its continued existence. groups, and individuals. The circumstances. It is anticipated that few Ottoschulzia rhodoxylon is limited in its Endangered Species Act provides for trade permits for Ottoschulzia distribution. Only nine individuals are possible land acquisition and rhodoxylon will ever be sought or known to occur in Puerto Rico. The cooperation with the Commonwealth, fruits of this species were only recently issued, since the species is not known to and requires that recovery actions be be in cultivation and is uncommon in the described and are rarely observed. carried out for all listed species. Such Flowers have not yet been described. wild. Requests for copies of the actions are initiated by the Service regulations on plants and inquiries The location of some individuals along following listing. The protection required stream beds makes them vulnerable to of Federal agencies and theprohibitions regarding them may be addressed to the natural disturbances such as flash- against certain activities involving listed Office of Management Authority U.S. flooding. Because so few individuals are plants are discussed, in part, below. Fish and Wildlife Service, P.O. Box 3507, known to occur, the risk of extinction is Section 7(a) of the Act, as amended, Arlington, Virginia 22203—3507 (703/358— extremely high. requires Federal agencies to evaluate 2104). The Service has carefully assessed the their actions with respect to any species National Environmental Policy Act best scientific and commercial that is proposed or listed as endangered information available regarding the past, or threatened and with respect to its The Fish and Wildlife Service has present, and future threats faced by this critical habitat, if any is being determined that an Environmental species in determining to make this rule designated. Regulations implementing Assessment, as defined under the final. Based on this evaluation, the this interagency cooperation provision authority of the National Environmental preferred action is to list Ottoschulzia of the Act are codified at 50 CFR part Policy Act of 1969. need not be prepared rhodoxylon as endangered. Only nine, 402. Section 7(a)(2)requires Federal in connection with regulations adopted individuals in three areas areknown to agencies to ensure that activities they pursuant to section 4(a) of the occur and no seedlings have been authorize, fund, or carry out arenot Endangered Species Act of 1973, as observed. Therefore, endangered rather likely to jeopardize the continued amended. A notice outlining the than threatened status seems an existence of a listed species or to Service’s reasons for this determination accurate assessment of the species’ destroy or adversely modify its critical was published in the Federal Register on condition. The reasons for not proposing habitat, Ifa Federal action may affect a October 25, 1963 (48 FR 49244). critical habitat for this species are listed species or its critical habitat, the discussed below in the “Critical responsible Federal agency must enter References Cited Habitat” section. into formal consultation with the Ayensu, E.S., and R.A Defilipps. 1978. Critical Habitat Service. No critical habitat is being Endangered and threatened plants of the proposed for Ottoschulzia rhodoxylon, United States. Smithsonian Institution and Section 4(a)(3) of the Act, as amended, as discussed above. Federal World WildlifeFund. Washington. DC. xv requires that to the maximum extent involvement is not expected where the prudent and determinable~the Secretary + 403 pp. species is known to occur. Liogier, H.A., and L.F. Martorell. 1982. Flora designate criticalhabitat at the time the The Act and its implementing species is determined to be endangered of Puerto Rico and adjacent islands: a regulations found at 50 CFR 17.61, 17.62, systematicsynopsis. University of Puerto or threatened. The Service finds that and 17.63 set forth a series of general Rico. Rio Piedras, Puerto Rico. 342 pp. designation of criticalhabitat is not trade prohibitions and exceptions that Little. EL., Jr.. R.O. Woodbury, and F.H. prudent for this species at this time. The apply to all endangered plants. All trade Wadsworth. 1974. Trees of Puerto Rico and number of individuals of Ottoschulzia prohibitions of section 9(a)(2) of the Act, the Virgin Islands, second volume. rhodoxylon is sufficiently small that implemented by 50 CFR 17.61, apply. Agriculture Handbook No. 449. U.S.D.A., vandalism could seriously affect the These prohibitions, in part. make it Forest Service. survival of the species. Publication of illegal for any person subject to the critical habitat descriptions and maps in jurisdiction of the United States to Author the Federal Register would increase the import or export any endangered plant. The primary author of this proposed likelihood of such activities. The Service transport it in interstate or foreign rule is Ms. Susan Silander, Caribbean believes that Federal involvement in the commerce in the course of a commercial Field Office, U.S. Fish and Wildlife areas where this plant occurs can be activity, sell or offer it for sale in Service, P.O. Box 491, Boquerón. Puerto identified without the designation of interstate or foreign commerce, or critical habitat. All involved parties and remove it from areas under Federal Rico 00622 (809/851—7297). landowners have been notified of the jurisdiction and reduce it to possession. List of Subjects in 50 CFR Part 17 location and importance of protecting In addition, for endangered plants the this species’ habitat. Protection of this 1988 amendments (Pub. Li 100-478) to Endangered and threatened species, species’ habitat will also be addressed the Act prohibit the malicious damage Fish, Marine mammals, Plants through the recovery process and or destruction on Federal lands, and the (agriculture). through the section 7 jeopardy standard, removal, cutting, digging up, or Regulation Promulgation Available Conservation Measures damaging or destroying of endangered plants in knowing violation of any State Accordingly, part 17, subchapter B of Conservation measures provided to (Commonwealth) law or regulation, chapter I, title 50 of the Code of Federal species listed as endangered or including State (Commonwealth) Regulations is amended, as set forth threatened under the Endangered criminal trespass law. Certain below: Federal Register / Vol. 55, No. 69 / Tuesday, April 10, 1990 / Rules and Regulations 13491

PART 17—[AMENDED] Authority: 16 U.S.C. 1361—1407: 16 U.S.C. , to the List of Endangered 1531—1543: 16 U.S.C. 4201—4245; Pub. L. 99— and Threatened Plants: 1. The authority citation for part 17 625, Stat. 3500, unless otherwise noted. continues to read as follows: 17.12 Endangered and threatened 2. Amend § 17.12(h) by adding the plants. following, in alphabetical order under * * * *

(h) ** *

Species When Critical Special Common Historic range Status listed habitat rules Scientific name name lcacinaceae—lcacina Family: Ottoschulzia rho- Palo de rosa U.S.A. (PR), Dominican Republic E 385 NA NA dory/on. * . * * .

Dated: March 21, 1990. Richard N. Smith, Acting Director, Fish and Wildlife Service. [FR Doc. 90—8241 Filed 4—9—90: 8:45 am] DtWNG CODE 4310-55-M