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

DEPARTMENT OF THE INTERIOR and serpentine hills in northwestern both male and female in a viable districts of Puerto Rico. Proctor (1991) population are limiting factors for the Fish and Wildlife Service reported only 4 individuals of species. In a large number of the bellonis from Caı´n Alto Ward in the localities where the species is found, the 50 CFR Part 17 Maricao Commonwealth Forest. shrub occurs as isolated individuals. RIN 1018±AD48 Breckon and Kolterman (1993) reported Because of forest destruction, less than 87 individuals at 17 localities in three half of the individuals previously Endangered and Threatened Wildlife areas in Maricao. Half of the localities known remain in these three forests. and Plants; Determination of consist of isolated individuals. Previous Federal Action Endangered Status for the Cordia The species was reported for the first Bellonis time in Susu´ a in 1992, where a small Cordia bellonis was designated a population of 5 individuals was found candidate species in the Federal AGENCY: Fish and Wildlife Service, (Breckon and Kolterman 1993). Cordia Register notice of review for plant taxa Interior. bellonis was also unknown from the Rı´o dated September 30, 1993 (58 FR ACTION: Final rule. Abajo Commonwealth Forest until it 51144). The species was recommended was found in 1994 (Federal Highway for listing by Proctor (1991) in a Status SUMMARY: The Fish and Wildlife Service Administration and Puerto Rico Report prepared for the species. In (Service) determines Cordia bellonis (no Highway and Transportation Authority further studies conducted for the common name) to be endangered 1994). Approximately 118 individuals species, Breckon and Kolterman (1993) pursuant to the Endangered Species Act were found in 12 localities. Ninety-five also recommended the species for (Act) of 1973, as amended. This species (82 percent) of these individuals were listing. Cordia bellonis is considered to is a shrub endemic to the island of removed for possible future be a critical plant by the Natural Puerto Rico and it is restricted to three reintroduction because of the Heritage Program of the Puerto Rico public forests—Maricao, Susua, and Rio construction of the road PR 10 (PR Department of Natural and Abajo. The species is threatened by Highway and Transportation Authority Environmental Resources. A proposed habitat loss, some forest management 1995). rule to list Cordia bellonis as practices, and restricted distribution. Cordia bellonis has been found in endangered was published on This final rule will implement the serpentine soils at Maricao and Susu´ a at September 28, 1995 (60 FR 50176). Federal protection and recovery road edges, river margins, and on steep The processing of this final rule provisions afforded by the Act for slopes (Breckon and Kolterman 1993). conforms with the Service’s final listing Cordia bellonis. In the Rı´o Abajo Forest, the species was priority guidance published in the DATES: Effective February 10, 1997. found either on sunny banks along dirt Federal Register on May 16, 1996 (61 ADDRESSES: The complete file for this roads growing in thickets of vegetation FR 24722). The guidance clarifies the rule is available for inspection, by or in open saddles between limestone order in which the Service will process appointment, during normal business hills (Federal Highway Administration rulemakings following two related hours, at the Boquero´n Field Office, U.S. and Puerto Rico Highway and events—(1) the lifting, on April 26, Fish and Wildlife Service, P.O. Box 491, Transportation Authority 1994). 1996, of the moratorium on final listings Boquero´n, Puerto Rico 00622. Cordia bellonis is an arching to erect imposed on April 10, 1995 (Public Law shrub of about 1 to 2 meters (3.3 to 6.6 104–6), and (2) the restoration of FOR FURTHER INFORMATION CONTACT: Ms. feet) high with very slender twigs with significant funding for listing through Marelisa Rivera at the Boquero´n Field short hairs. The leaves are alternate, the passage of the omnibus budget Office address (809/851–7297). oblong to oblong-lanceolate, 2 to 6 reconciliation law on April 26, 1996, SUPPLEMENTARY INFORMATION: centimeters (0.79 to 2.36 inches) long, following severe funding constraints usually 2.5 to 3 times longer than wide. Background imposed by a number of continuing The corolla is white with 4 subcylindric resolutions between November 1995 Cordia bellonis was described by lobes. The fruit is a pointed drupe, 5 and April 1996. The guidance calls for Urban in 1899 from specimens collected millimeters (0.20 inches) in length giving highest priority to handling by Paul Sintenis at ‘‘Monte Alegrillo’’ in (Proctor 1991). The white axillary emergency situations (Tier 1) and the municipality of Maricao, Puerto flowers are unisexual and the plants are second highest priority (Tier 2) to Rico (Urban 1899). The name of ‘‘Monte either male or female (dioecious) resolving the listing status of the Alegrillo’’ has disappeared from use, but (Breckon and Kolterman 1993). outstanding proposed listings. This final according to Proctor (1991), N.L. Britton The species is threatened by habitat rule falls under Tier 2. At this time, referred to ‘‘Monte Alegrillo’’ as the destruction and modification, forest there are no pending Tier 1 actions. In peak at the extreme head of the Rio management practices, and restricted the development of this final rule, the Maricao, with an elevation of 900 distribution. Eighty-two percent of the Service has conducted an internal meters. This type location was individuals known from the Rı´o Abajo review of all available information. developed for the installation of Commonwealth Forest were removed Based on this review, the Service has telecommunication towers. Paul from the forest for the construction of a determined that there is no new Sintenis collected Cordia bellonis in the highway. Breckon and Kolterman (1994) information that would substantively area known as Indiera Frı´a. The species reported that 14 individuals from affect this listing decision and that was also collected by Britton and Brown Maricao appeared to have been additional public comment is not in 1915 from Monte Cerrote near eliminated due to clearing along the warranted. Adjuntas (Proctor 1991). Britton and roadside of the forest. In 1995, twenty Wilson (1925) described the species as additional individuals were apparently Summary of Comments and Varronia bellonis and identified its destroyed by the clearing which Recommendations distribution as mountain-sides in the occurred for the reconstruction of Road In the September 28, 1995, proposed vicinity of Maricao. Liogier and 362 in the Camp Santana area. rule and associated notifications, all Martorell (1982) stated that the species Restricted distribution coupled with the interested parties were requested to distribution was the mountain slopes requirement for adequate numbers of submit factual reports or information Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Rules and Regulations 1645 that might contribute to the individuals. Thirty-four of these from naturally occurring events such as development of a final rule. Appropriate individuals have been eliminated due to fire and local management practices. As agencies of the Commonwealth of clearing along the roadside and the a dioecious plant, Cordia bellonis Puerto Rico, Federal agencies, scientific reconstruction of Road 362. Half of the requires outcrossing to successfully organizations, and interested parties localities consist of isolated individuals. reproduce. Being dioecious creates a were requested to comment. Newspaper The dioecious condition of the species limiting factor affecting the continued notices inviting general public comment is a factor limiting reproduction by existence of this rare plant since most were published in ‘‘The San Juan Star’’ these individuals. Because the majority remaining individuals are widely on October 14, 1995, and in ‘‘El Nuevo of these individuals occur along both separated from each other and, Dı´a’’ on October 16, 1995. Two sides of two public roads, maintenance therefore, unlikely to reproduce. comment letters were received and are of road sides, as well as fires and The Service has carefully assessed the discussed as follows. Dr. G.J. Breckon vandalism, may result in the loss of best scientific and commercial and Dr. D.A. Kolterman, both from the these individuals. In Susu´ a, a small information available regarding the past, University of Puerto Rico, Mayaguez population of only 5 individuals was present, and future threats faced by this Campus, supported the proposal to list found in 1992. The species was species in determining to make this rule Cordia bellonis as an endangered previously unknown from this area. final. Based on this evaluation, the species. The U.S. Department of the This small population may be affected preferred action is to list Cordia bellonis Army, Jacksonville District Corps of by forest management practices. Cordia as endangered. The rarity of this plant Engineers, Antilles Office, provided bellonis was also unknown from the Rı´o makes the species vulnerable to the loss comments, but did not indicate support Abajo forest until it was found in 1994. of any individual. Only 81 individuals or objection to listing the species. Approximately 118 individuals were of Cordia bellonis are known to occur in Comments supplying supplemental data found in 12 localities. Ninety-five the wild. Habitat modification may have been incorporated into the individuals were located along the dramatically affect this endemic plant. Background section of this rule, as construction route for a highway (which Therefore, endangered, rather than appropriate. A public hearing was is now completed) and were removed threatened, status is considered an neither requested nor held. for possible future transplantation. Of accurate assessment of the species’ The Service also solicited the expert the remaining 23 individuals, 13 have condition. The reasons for not opinions of three appropriate and been found in an area designated for designating critical habitat for this independent specialists regarding compensation (mitigation) for the species are discussed in the ‘‘Critical pertinent scientific or commercial data highway and 10 are found in highway Habitat’’ section of this rule. and assumptions relating to rights-of-way. The species is also known Critical Habitat distribution, abundance, status, and from a private landholding where biological and ecological information for extraction of fill material for the Critical habitat is defined in section 3 Cordia bellonis. Two responses from the construction of the road will likely of the Act as: (i) the specific areas specialists were received; they result in the loss of these plants. The within the geographical area occupied supported the listing of the species as an rareness and restricted distribution by a species, at the time it is listed in endangered species, and supplemental make this species vulnerable to habitat accordance with the Act, on which are data was incorporated into this final destruction and modification. found those physical or biological rule. B. Overutilization for commercial, features (I) essential to the conservation recreational, scientific, or educational of the species and (II) that may require Summary of Factors Affecting the purposes. Taking for these purposes has special management considerations or Species not been a documented factor in the protection and; (ii) specific areas After a thorough review and decline of this species. outside the geographical area occupied considertion of all information C. Disease or predation. Disease and by a species at the time it is listed, upon available, the Service has determined predation have not been documented as a determination that such areas are that Cordia bellonis should be classified factors in the decline of this species. essential for the conservation of the as an endangered species. Procedures D. The inadequacy of existing species. ‘‘Conservation’’ means the use found at section 4(a)(1) of the regulatory mechanisms. The of all methods and procedures needed Endangered Species Act and regulations Commonwealth of Puerto Rico has to bring the species to the point at implementing the listing provisions of adopted a regulation that recognizes and which listing under the Act is no longer the Act (50 CFR part 424) were provides protection to certain necessary. followed. A species may be determined Commonwealth listed species. However, Section 4(a)(3) of the Act, as to be an endangered or threatened Cordia bellonis is not yet on the amended, and implementing regulations species due to one or more of the five Commonwealth list. Federal listing will (50 CFR 424.12) require that, to the factors described in section 4(a)(1). provide immediate protection to the maximum extent prudent and These factors and their application to species, and by virtue of an existing determinable, the Secretary designate Cordia bellonis, are as follows: section 6 Conservation Agreement with critical habitat at the time the species is A. The present or threatened the Commonwealth, listing will also determined to be endangered or destruction, modification, or assure the addition of this species to the threatened. The Service finds that curtailment of its habitat or range. Commonwealth list and enhance its designation of critical habitat is not Destruction and modification of the possibilities for funding needed prudent for Cordia bellonis. Service habitat is considered one of the most research. regulations (50 CFR 424.12 (a)(1)) state significant factors affecting the numbers E. Other natural or manmade factors that designation of critical habitat is not and distribution of Cordia bellonis. This affecting its continued existence. Two prudent when one or both of the species is only known from three areas significant factors affecting this species following situations exist—(1) The in Puerto Rico; Maricao, Susu´ a, and Rı´o are its limited distribution and species is threatened by taking or other Abajo. dioecious condition. The limited human activity, and identification of In Maricao, the species is found at 17 distribution of this species makes it critical habitat can be expected to localities in three areas, for a total of 87 particularly vulnerable to extinction 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 into formal consultation with the this policy is to increase public critical habitat would not be beneficial Service. awareness of the effect of listing on to the species. The majority of the individuals of proposed or ongoing activities. The only Populations of Cordia bellonis are Cordia bellonis known from Maricao are known populations of Cordia bellonis # small and accessible. Vandalism and found along both sides of roads PR 120 are restricted to three Commonwealth # cutting could seriously affect the and PR 362. Any widening of these forests—Maricao, Susu´ a and Rı´o Abajo. survival of the species. Publication of roads, installation of water and sewer Since there is no Federal ownership, critical habitat descriptions and maps in pipelines, and the installation of and the species is not currently in trade, the Federal Register would increase the powerlines along these roads may the only potential section 9 involvement likelihood of such activities. The adversely affect the species. These types would relate to removing or damaging Service believes that Federal of activities could be funded by Federal the plant in knowing violation of a involvement in the areas where this agencies (for example, the Federal Commonwealth law or regulation, Highway Administration, U.S. Housing plant occurs can be identified without including Commonwealth criminal and Urban Development, and Rural the designation of critical habitat. All trespass law. Section 15.01(b) of the involved parties and landowners have Development). Cordia bellonis was seriously affected by the construction of Commonwealth ‘‘Regulation to Govern been notified of the location and the Management of Threatened and importance of protecting this species’ a highway in the Rı´o Abajo Commonwealth Forest. This road was Endangered Species in the habitat. Protection of this species’ Commonwealth of Puerto Rico’’ states: habitat will also be addressed through funded by the Federal Highway Administration and 82 percent of the ‘‘It is illegal to take, cut, mutilate, the recovery process and through the uproot, burn or excavate any section 7 jeopardy standard. The individuals of Cordia bellonis were removed from the Forest for possible endangered plant species or part thereof precarious status of Cordia bellonis within the jurisdiction of the necessitates identical threshholds for future transplantation. The Act and its implementing Commonwealth of Puerto Rico.’’ The determining adverse modification of regulations set forth a series of general Service is not aware of any otherwise critical habitat and jeopardizing the prohibitions and exceptions that apply lawful activities being conducted or continued existence of the species. to all endangered plants. All proposed by the public that will be Therefore, no additional protection from prohibitions of section 9(a)(2) of the Act, affected by this listing and result in a designating critical habitat would occur implemented by 50 CFR 17.61, apply. for this species. violation of section 9. These prohibitions, in part, make it Questions regarding whether specific Available Conservation Measures illegal for any person subject to the activites will constitute a violation of jurisdiction of the United States to Conservation measures provided to import or export, transport in interstate section 9 should be directed to the Field ´ species listed as endangered or or foreign commerce in the course of a Supervisor of the Service’s Boqueron threatened under the Act include commercial activity, sell or offer for sale Field Office (see ADDRESSES section). recognition, recovery actions, in interstate or foreign commerce, or Requests for copies of the regulations on requirements for Federal protection, and remove and reduce the species to listed species and inquiries regarding prohibitions against certain practices. possession from areas under Federal prohibitions and permits should be Recognition through listing encourages jurisdiction. In addition, for plants addressed to U.S. Fish and Wildlife and results in conservation actions by listed as endangered, the Act prohibits Service, Ecological Services (TE), 1875 Federal, Commonwealth, and private the malicious damage or destruction on Century Boulevard, Atlanta, Georgia agencies, groups, and individuals. The areas under Federal jurisdiction and the 30345–3301 (404/679–7313). Act provides for possible land removal, cutting, digging up, or National Environmental Policy Act acquisition and cooperation with the damaging or destroying of such plants States and requires that recovery actions in knowing violation of any State law or The Fish and Wildlife Service has be carried out for all listed species. The regulation, including State criminal determined that Environmental protection required of Federal agencies trespass law. Certain exceptions to the Assessment and Environmental Impact and the prohibitions against certain prohibitions apply to agents of the Statements, as defined under the activities involving listed plants are Service and State conservation agencies. authority of the National Environmental discussed, in part, below. The Act and 50 CFR 17.62 and 17.63 Policy Act of 1969, need not be Section 7(a) of the Act, as amended, also provide for the issuance of permits prepared in connection with regulations requires Federal agencies to evaluate to carry out otherwise prohibited adopted pursuant to section 4(a) of the their actions with respect to any species activities involving endangered plants Endangered Species Act of 1973, as that is proposed or listed as endangered under certain circumstances. Such amended. A notice outlining the or threatened and with respect to its permits are available for scientific Service’s reasons for this determination critical habitat, if any is being purposes and to enhance the was published in the Federal Register designated. Regulations implementing propagation or survival of the species. on October 25, 1983 (48 CFR 49244). this interagency cooperation provision Few trade permits for this plant will of the Act are codified at 50 CFR part ever be sought or issued, since the Required Determinations 402. Section 7(a)(2) requires Federal species is not known to be in cultivation agencies to ensure that activities they and is uncommon in the wild. The Service has examined this authorize, fund, or carry out are not It is the policy of the Service, regulation under the Paperwork likely to jeopardize the continued published in the Federal Register on Reduction Act of 1995 and found it to existence of the species or destroy or July 1, 1994 (50 FR 34272), to identify contain no information collection adversely modify its critical habitat. If a to the maximum extent practicable requirements. This rulemaking was not Federal action may adversely affect a those activities that would or would not subject to review by the Office of listed species or its critical habitat, the constitute a violation of section 9 of the Management and Budget under responsible Federal agency must enter Act at the time of listing. The intent of Executive Order 12866. Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Rules and Regulations 1647

References Cited Liogier, H.A. and L.F. Martorell. 1982. Flora recordkeeping requirements, and Breckon, G.J. and D.A. Kolterman. 1993. of Puerto Rico and adjacent islands: a Transportation. Cordia bellonis Urban []. systematic synopsis. Editorial de la ´ Regulation Promulgation Final report under cooperative Universidad de Puerto Rico, Rıo Piedras, agreement No. 14–16–0004–92–970 Puerto Rico. 342 pp. Proctor, G. 1991. Puerto Rican plant species Accordingly, part 17, subchapter B of between U.S. Fish and Wildlife Service of concern: Status and recommendations. and the University of Puerto Rico, chapter I, title 50 of the Code of Federal Miscellaneous Scientific Publication No. Mayaguez Campus. 14 pp. Regulations, is amended as set forth 2. Department of Natural and Breckon, G.J. and D.A. Kolterman. 1994. below: Environmental Resources, San Juan, Cordia bellonis Urban [Boraginaceae]. Puerto Rico. Pp. 59–61. PART 17Ð[AMENDED] Final report under cooperative Puerto Rico Highway and Transportation agreement No. 14–16–0004–93–973 Authority. 1995. Report to U.S. Fish and between U.S. Fish and Wildlife Service 1. The authority citation for part 17 Wildlife Service on plant species, Puerto continues to read as follows: and the University of Puerto Rico, Rican boa and monitoring program of the Mayaguez Campus. 4 pp. broad-winged hawk PR–10 Highway, Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Britton, N.L. and P. Wilson. 1925. Scientific Arecibo-Utuado. Unpublished report. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– survey of Porto Rico and the Virgin Urban. 1899. Symb. Antill. 1:393. 625, 100 Stat. 3500; unless otherwise noted. Islands. Volume VI–Part 1. Botany of Porto Rico and the Virgin Islands. Author 2. Section 17.12(h) is amended by Descriptive flora-Spermatohyta The primary author of this final rule is Ms. adding the following, in alphabetical (continued). New York Academy of Marelisa Rivera, Boquero´n Field Office, U.S. Sciences, New York. 158 pp. order under FLOWERING PLANTS, to Fish and Wildlife Service, P.O. Box 491, the List of Endangered and Threatened Federal Highway Administration and the Boquero´n, Puerto Rico 00622 (809/851– Puerto Rico Highway and Transportation 7297). Plants to read as follows: Authority. 1994. Biological Assessment § 17.12 Endangered and threatened plants. Relocation of PR–10 Utuado, Puerto List of Subjects in 50 CFR Part 17 Rico. Unpublished Report. Endangered and threatened species, * * * * * Exports, Imports, Reporting and (h) * * *

Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules

FLOWERING PLANTS

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

*******

Dated: December 6, 1996. (Epioblasma capsaeformis), ranges, they are vulnerable to toxic John G. Rogers, Cumberlandian combshell (Epioblasma chemical spills. Acting Director, Fish and Wildlife Service. brevidens), purple bean (Villosa DATES: Effective February 10, 1997. [FR Doc. 97–564 Filed 1–9–97; 8:45 am] perpurpurea), and rough rabbitsfoot ADDRESSES: The complete BILLING CODE 4310±55±P (Quadrula cylindrica strigillata)—under administrative file for this rule is the Endangered Species Act of 1973, as available for inspection, by amended (Act). All five species have appointment, during normal business DEPARTMENT OF THE INTERIOR undergone significant reductions in hours at the U.S. Fish and Wildlife range and numbers. They now exist as Service, Asheville Field Office, 160 Fish and Wildlife Service relatively small, isolated populations. Zillicoa Street, Asheville, North The Cumberland elktoe exists in very Carolina 28801. 50 CFR Part 17 localized portions of the Cumberland FOR FURTHER INFORMATION CONTACT: Mr. RIN 1018±AC64 River system in Kentucky and Richard G. Biggins at the above address, Tennessee. The oyster mussel and or telephone 704/258–3939, Ext. 228. Endangered and Threatened Wildlife Cumberlandian combshell persist at SUPPLEMENTARY INFORMATION: and Plants; Determination of extremely low numbers in portions of Endangered Status for the Cumberland the Cumberland and Tennessee river Background Elktoe, Oyster Mussel, Cumberlandian basins in Kentucky, Tennessee, and Cumberland elktoe (Alasmidonta Combshell, Purple Bean, and Rough Virginia. The purple bean and rough atropurpurea) Rabbitsfoot rabbitsfoot currently survive in a few The Cumberland elktoe, described by AGENCY: Fish and Wildlife Service, river reaches in the upper Tennessee Rafinesque (1831), has a thin but not Interior. River system in Tennessee and Virginia. fragile shell. The shell’s surface is These species were eliminated from ACTION: Final rule. smooth, somewhat shiny, and covered much of their historic range by with greenish rays. Young specimens SUMMARY: The Fish and Wildlife Service impoundments. Presently, these species have a yellowish brown shell, and the (Service) determines endangered status and their habitats are being impacted by shells of adults are generally black. The for five freshwater mussels— deteriorated water quality, primarily inside of the shell is shiny with a white, Cumberland elktoe (Alasmidonta resulting from poor land-use practices. bluish white, or sometimes peach or atropurpurea), oyster mussel Because the species have such restricted salmon color (see Clarke (1981) for a