Federal Register / Vol. 53, No. 121 / Thursday, June 23, 1988 / Rules and Regulations 23737 (11) Response to Argument A statement of whether the examiner disagrees with each of the contentions of appellant in the brief with respect to the issues presented and an explanation of the reasons for disagreement with any such contention. If any ground of rejection is not argued and responded to by appellant, the response shall point out each claim affected. (12) Period of Response to New Ground of Rejection A statement setting the period for appellant to file a reply to any new ground of rejection, if necessary. Dated: May 3,1988. Donald }. Quigg, A ssistant S ecretary an d C om m ission er o f Patents and Trademarks. [FR Doc. 88-14160 Filed 6-22-88; 8:45 am] BILLING CODE 3510-16-M Thursday June 23, 1988 Part Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Daphnopsis helierana, Hymenoxys acaulis, and Arenenaria cumberlandensis; Final Rules 23740 Federal Register / Voi. 53, No. 121 / Thursday, June 23, 1988 / Rules and Regulations DEPARTMENT OF THE INTERIOR Department of Health and Human 4(b)(3)(A) of the Act, as amended in Services) and leased to the University of 1982. The Service subsequently found in Fish and Wildlife Seryice Puerto Rico School of Medicine. The October of 1983,1984, and 1985, that Dorado population is on Commonwealth listing Daphnopsis hellerana was 50 CFR Part 17 public land. These 14 individuals are thè warranted but precluded by other Endangered and Threatened Wiidfife only plants of this species known to pending listing actions, in accordance and Plants; Determination of exist. with Section 4(b)(3)(B)(iii) of the Act. is an evergreen Endangered Status for the Plant Daphnopsis hellerana The Service proposed listing Daphnopsis Hellerana shrub or small tree reaching 20 feet (6 Daphnopsis hellerana on July 6,1987 (52 meters) in height, with a stem diameter FR 25265). a g en c y: Fish and Wildlife Service, of 2 inches (5 centimeters). The leaves Summary of Comments and Interior. are simple, alternate, elliptic to obovate Recommendations a c t io n : Final rule. in shape, and blunt or rounded at the apex. Both leaves and twigs are golden In the July 6,1987, proposed rule and s u m m a r y : The Service determines hairy when young. Male and female associated notifications, all interested Daphnopsis hellerana to be an flowers are borne on separate plants parties were requested to submit factual endangered species. D aphnopsis (dioecious), and terminally clustered. report of information that might h ellera n a is a small tree or large shrub The male flowers are small, tubular, and contribute to the development of a final endemic to evergreen and semi­ finely hairy; the female flowers are rule. Appropriate agencies of the evergreen seasonal forests on limestone smaller, less than one-fourth inch (one- Commonwealth of Puerto Rico, Federal hills of the karst region of northern half centimeter) long, bell-shaped, and agencies, scientific organizations, and Puerto Rico. The species has been also finely hairy. The fruit is an elliptic, other interested parties were contacted seriously impacted by agriculture, one-seeded, white berry that is less than and requested to comment. A newpaper urbanization, and limestone quarrying. three fourths of an inch (2 centimeters) notice inviting general public comment This final rule will implement for long. The species is endemic to low was published in El Nuevo Dia on July Daphnopsis hellerana the Federal elevation evergreen and semi-evergreen 21,1987. Two letters of comment were protection and recovery provisions forests (subtropical moist forests) on received and are discussed below. A afforded by the Endangered Species Act limestone hills in the karst region of public hearing was neither requested of 1973, as amended. northern Puerto Rico. nor held. EFFECTIVE DATE: July 25, 1988. Nearly all of the known populations of Comments were received from the ADDRESSES: The complete file for this Daphnopsis hellerana have been U.S. Environmental Protection Agency rule is available for inspection, by located near Puerto Rico’s principal and Lorin I. Nevling of the Illinois appointment, during normal business population center (the San Juan/ Department of Energy and Natural hours at the Caribbean Field Office, U.S. Bayamon area). As a result, urban and Resources. industrial expansion have eliminated Fish and Wildlife Service, P.O. Box 491, Administrators of the U.S. known and potential habitat. In Boqueron, Puerto Rico 00622 and at the Environmental Protection Agency stated particular, construction of dwellings and Service’s Southeast Regional Office, that they knew of no ongoing or roads, limestone quarrying for this Suite 1282, 75 Spring Street SW., proposed actions that would affect the construction, landfills, and clearing by Atlanta, Georgia 30303. species and that they had no yam planters have together reduced the information on the status of the species. FOR FURTHER INFORMATION CONTACT: species to its present low numbers. In Ms. Susan R. Silander at the Caribbean addition, the extreme rarity of the Mr. Lorin Nevling, the author of a Field Office address (809/851-7297) or species and its dioecious habit lower the monograph of the genus Daphnopsis, Mr. Tommy Tumipseed at the Atlanta probability of successful seed supported the listing but commented on Regional Office address (404/331-3583 production and dispersal. the spelling of the species name. The or FTS 242-3583). Daphnopsis hellerana was name has been spelled both as SUPPLEMENTARY INFORMATION: recommended for Federal listing by the h elleria n a and h elleran a. In this final rule the spelling h ellera n a has been Background Smithsonian Institution (Ayensu and Defilipps 1978). The species was retained in accordance with the rules of Daphnopsis hellerana was first included among the plants being nomenclature. discovered and collected by Amos considered as endangered or threatened The Caribbean Primate Research Arthur Heller in 1900 on a limestone hill species by the Fish and Wildlife Service, Center, in a telephone conversation, near Bayamon, Puerto Rico. The species as published in the Federal Register (45 expressed interest in cooperating with was not seen again until 1958, when Roy FR 82479) dated December 15,1980. The the U.S. Fish and Wildlife Service in the O. Woodbury found it in Toa Baja, near species was designated category 1 conservation of this species. the type locality (Nevling and (species for which the Service has Summary of Factors Affecting the Woodbury 1966). Since 1958, three other substantial information supporting the Species populations have been located in the appropriateness of proposing to list karst region of Puerto Rico, two in the them as endangered or threatened), and After a thorough review and Toa Baja /Dorado area, and the third was retained in category 1 in the consideration of all information near Isabela in northwestern Puerto November 28,1983, update (48 FR 53640) available, the Service has determined Rico (Vivaldi and Woodbury 1981). The of the 1980 notice, and the September 27, that Daphnopsis hellerana should be Isabela population and the plants 1985, revised notice (50 FR 39526). classified as an endangered species. rediscovered by Woodbury have since In a notice published in the Federal Procedures found at section 4(a)(1) of been destroyed, leaving two small Register on February 15,1983 (48 FR the Endangered Species Act (16 U.S.C. populations of seven trees in Toa Baja 6752), the Service reported the earlier 1531 et seq .) and regulations (50 CFR and Dorado. The Toa Baja population is acceptance of the new taxa in the Part 424) promulgated to implement the on Federal land under the jurisdiction of Smithsonian’s 1978 book as under listing provisions of the Act were the National Institutes of Health (U.S. petition within the context of section followed. A species may be determined Federal Register / VoL 53, No. 121 / Thursday, June 23, 1988 / Rules and Regulations 23741 wmma to be an endangered or threatened and maintenance of a minimum of Federal agencies and the prohibitions species due to one or more of the five population size. against taking are discussed, in part, factors described in section 4(a)(1). The Service has carefully assessed the below. These factors and their application to best scientific and commercial Section 7(a) of the Act, as amended, Daphnopsis hellerana Urban (no information available regarding the past, requires Federal agencies to evaluate common name) are as follows: present, and future threats faced by this their actions with respect to any species A. The present or threatened species in determining to make this rule that is listed as endangered or destruction, modification, or curtailment final. Based on this evaluation, the threatened and with respect to its of its habitat or range. Modification of preferred action is to list D aphnopsis critical habitat, if any is being habitat and direct destruction of plants hellerana as endangered. Since there designated. Regulations implementing have been significant factors reducing are so few individuals remaining and a this interagency cooperation provision the number of Daphnopsis hellerana. continuing risk of damage to the plants of the Act are codified at 50 CFR Part Deforestation for construction and yam and/or their habitat, endangered status 402. Section 7(a)(4) requires Federal cultivation, the leveling of limestone seems an accurate assessment of the agencies to ensure that activities they hills for construction material, and species’ condition. The reasons for not authorize, fund, or carry out are not random cutting have all contributed to proposing critical habitat for this species likely to jeopardize the continued the species’ decline.