Federal Register / Vol. 65, No. 106 / Thursday, June 1, 2000 / Proposed Rules 35025
DEPARTMENT OF THE INTERIOR Moana Boulevard, Room 3–122, nonforest areas (Falanruw et al. 1989). Honolulu, Hawaii 96850. The forest class includes five primary Fish and Wildlife Service Comments and materials received, as types: native limestone forest, well as supporting documentation used introduced trees, mangrove (Rhizophora 50 CFR Part 17 in the preparation of this proposed rule, spp.) forest, ironwood (Casuarina sp.) will be available for public inspection, forest, and atoll forest (Falanruw et al. RIN 1018±AG09 by appointment, during normal business 1989). Historically, native limestone Endangered and Threatened Wildlife hours at the above address. forest varied from semidry forest to and Plants; Proposed Endangered FOR FURTHER INFORMATION CONTACT: Paul more or less dry-season deciduous Status for Three Plants From the Henson, Field Supervisor, at the above forests on the lower terraces to wet Mariana Islands and Guam address (telephone 808–541–3441; cloud forest on the highest terraces. facsimile 808–541–3470). Osmoxylon mariannense occurs in the AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: cloud forest on the highest terrace, or Interior. sabana, of Rota. Tabernaemontana ACTION: Proposed rule. Background rotensis occurs in or on the edges of the Nesogenes rotensis, Osmoxylon drier semideciduous limestone forests. SUMMARY: We, the U.S. Fish and mariannense, and Tabernaemontana Nesogenes rotensis occurs along the Wildlife Service (Service), propose rotensis occur on the island of Rota in lowest terrace or coastal plain in strand endangered status pursuant to the the United States Commonwealth of vegetation on open limestone sea cliffs. Endangered Species Act of 1973, as Northern Mariana Islands (CNMI). Much of the original native forests on amended (Act), for three plants (no Tabernaemontana rotensis also occurs Rota and Guam was cleared for common names): Nesogenes rotensis, in the United States Territory of Guam. agriculture and timber harvest or by Osmoxylon mariannense, and The island of Rota (lat. 14 degrees 01 military activities, including bombing Tabernaemontana rotensis. Nesogenes minutes, long. 145 degrees) is located during World War II (Fosberg 1960). rotensis and O. mariannense are found approximately 134 kilometers (km) (80 However, both Rota and Guam have only on the island of Rota in the U.S. miles (mi)) northwest of the Territory of extensive secondary native forests of Commonwealth of the Northern Mariana Guam. In general, the islands are raised medium stature that have regrown since Islands (CNMI). Tabernaemontana limestone terraces on extinct volcanic the peak disturbance period associated rotensis occurs on both Rota and the peaks and slopes, with limited areas of with Japanese and American occupation United States Territory of Guam. The volcanic soils protruding through of the islands during World War II. three plant species and their habitats limestone. Rota, 86 square kilometers These forests, however, have have been affected or are now (sq km) (33 square miles (sq mi)), is subsequently been degraded by threatened by one or more of the significantly smaller in area than Guam, agricultural practices, logging, and following: habitat degradation or which is approximately 500 sq km (200 development (Fosberg 1960). destruction by feral deer and pigs; sq mi), although both islands have These three plant species occur on competition for space, light, water, and similar maximum elevation of 490 private land, land owned by the CNMI nutrients with introduced vegetation; meters (m) (1,612 feet (ft)) and 406 m (public park area), and Federal land road construction and maintenance (1,167 ft) above sea level, respectively. (Andersen Air Force Base). activities; recreational activities; natural The climate on Rota and Guam is disasters or random environmental tropical marine with high humidity and Discussion of the Three Plant Species events; fire; vandalism; development of uniform temperatures throughout the Nesogenes Rotensis agricultural homesteads; resorts and golf year. Average daytime temperatures are courses; limited reproductive vigor; and approximately 26.4° Celsius (80° The type collection of Nesogenes potential insect, mouse, or rat predation. Fahrenheit) with approximately 200 rotensis, collected on April 23, 1982, by This proposal, if made final, would centimeters (cm) (80 inches (in)) of Derral Herbst and Marjorie Falanruw, ˜ implement the Federal protection and rainfall and about 80 percent humidity. was from Haaniya Point (Pona Point recovery provisions of the Act. Rainfall averages 26.8 cm (10.7 in) per Fishing Cliff), Palie area, on the island DATES: Comments from all interested month during the wet season and 9.5 cm of Rota, growing on exposed, dry raised parties must be received by July 31, (3.8 in) per month during the dry season limestone, at 100 m (328 ft) elevation 2000. Public hearing requests must be (Resources Northwest 1997). The dry (Fosberg and Herbst 1983). It was received by July 17, 2000. season generally occurs from January to growing in association with Scaevola ADDRESSES: If you wish to comment, June, and trade winds of 24 to 40 km (15 sericea (nanaso), Terminalia samoensis you may submit your comments and to 25 mi) per hour from the east and (talisai ganu), Hedyotis strigulosa ´ ´ materials concerning this proposal by northeast are common. The trade winds (paodedo), Pogonatherum paniceum, any one of several methods. degenerate during the rainy season, and Bikkia tetrandra (gausali). Fosberg (1) You may submit written comments which generally occurs from July to and Herbst (1983) formally described to the Field Supervisor, U.S. Fish and December. During this period, westward and published the name Nesogenes Wildlife Service, Pacific Islands Office, moving storms develop along and above rotensis and placed it in the family 300 Ala Moana Boulevard, Room 3–122, the equator in an area known as the Chloanthaceae, a largely Australian P.O. Box 50088, Honolulu, Hawaii Intertropical Convergence Zone. These family. This placement was a change 96850; storms occasionally reach typhoon from the historic placement of the genus (2) You may send comments by e-mail strength and can cause extensive in the family Verbenaceae and its to [email protected] (see damage to crops, homes, community subsequent placement in its own family, SUPPLEMENTARY INFORMATION for file infrastructure, and island forests Nesogenaceae. Presently, Mabberly formats and other information about (Resources Northwest 1997). (1990) recognizes Nesogenes as a genus electronic filing); or The vegetation of Rota and Guam falls of Verbenaceae, but states that it may (3) You may hand-deliver comments into four general classes: forest, simply be a matter of preference as to to our Pacific Islands Office, 300 Ala secondary vegetation, agroforest, and how to treat the genus Nesogenes.
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˜ Nesogenes rotensis is an herbaceous Pona Point Fishing Cliff area and also two were visible in 1997 (Raulerson and plant with small, opposite, broadly represents a major threat to N. rotensis. Rinehart 1997). lanceolate, coarsely toothed leaves. Casuarina equisetifolia is a large, fast- Osmoxylon mariannense can be Flowers are axillary and tubular, with growing tree that reaches up to 20 m (65 found on both private (approximately 2 five white petals; often a flowering ft) in height (Wagner et al. 1990). It individuals) and publicly owned branch grows upright, which might aid forms monotypic stands, shades out (CNMI) (approximately 18 individuals) in pollination or seed dispersal other plants, takes up much of the land in limestone forests. It occurs as an (Raulerson and Rinehart 1997). Each available nutrients, and possibly understory species in Pisonia plant typically branches near the base at releases a chemical agent that prevents umbellifera and Hernandia labyrinthica about five to seven nodes, and is other plants from growing beneath it forests, and is often hard to see until subprostrate to ascending, scrambling (Neal 1965, Smith 1985). In addition, some trunks are tall enough to mingle over appressed shrubs, with whole given the limited distribution of N. with the trunks of the other two species plants up to almost 1 m (3 ft) in rotensis, random environmental events, (Raulerson and Rinehart 1997). In diameter (Fosberg and Herbst 1983). such as typhoons, storm surges, and January 1998, shortly after typhoon One population of fewer than 100 high surf, also threaten the one Paka, five of the subpopulations, plants was reported in 1982 by Derral containing a total of eight trees, were ˜ remaining population. Herbst at the Pona Point Fishing Cliff, located along the sabana road public park land owned by the CNMI Osmoxylon Mariannense (Estanislau Taisacan, CNMI, Division of (under jurisdiction of the CNMI Osmoxylon mariannense was first Fish and Wildlife (DFW) and G. Hughes, Department of Land and Natural collected on Rota by French naturalist pers. comms. 1998). The plants in each Resources (DLNR)) and the site of the Alfred Marche, an active botanical subpopulation were completely only known population (Loyal explorer in the Mariana Islands from defoliated and damaged by the high Mehrhoff, Service, pers. comm. 1993). 1887–1889 (Stone 1970). It was not until typhoon winds. E. Taisacan [supported In 1994, Raulerson and Rinehart (1997) 1933, when a study of Marche’s by Raulerson and Rinehart (1997)] reported a population of about 20 collection was made, that Kanehira first indicated that the total population of plants, occupying 200 sq m (240 sq Osmoxylon mariannense had ˜ described the species as yards (yd)) of habitat, at the Pona Point Boerlagiodendron mariannense significantly declined in the past 10 Fishing Cliff. Apparently, this was the (Kanehira 1933). In 1980, Fosberg and years (G. Hughes, pers. comm. 1998). same population as was reported by Sachet (1980) published the currently Ten years before, many of the Herbst in 1983; Herbst was uncertain of accepted recombination, Osmoxylon subpopulations visited in 1998 had the original location when he made the mariannense, which has been upheld by several trees each (E. Taisacan, pers. herbarium sheet (D. Herbst, Bishop Raulerson and Rinehart (1991). comm. 1998). Almost all of these Museum, pers. comm. 1997). Osmoxylon mariannense, endemic to subpopulations have now been reduced Based on information from to a single tree, and none of these trees Rota, is a spindly, soft-wooded tree in collections, Nesogenes rotensis flowered are reproducing naturally (G. Hughes, the Ginseng family (Araliaceae), which April 23, 1982 (Herbst and Falanruw pers. comm. 1998). can reach 10 m (33 ft) in height. It has 6739), and was fruiting and flowering in Due to several exacerbating factors, November 1994 (Raulerson 26222). In several ascending, gray-barked branches the primary threat to Osmoxylon January (Dan Grout, Service, pers. that bear conspicuous leaf scars. Leaves mariannense is the lack of regeneration comm. 1997) and February 1997 vary in size; mature leaves are palmately in disturbed forests. Although Rota has (Christa Russell, Service, in litt. 1997), lobed and about 30 cm (1 ft) long and historically experienced typhoon no plants were found at this site. In 50 cm (1.7 ft) wide. The seven to nine disturbances, intense typhoons and January 1998, approximately 30 plants lobes are coarsely toothed, and each super typhoons have occurred with high were observed in seed, but not in flower lobe has a conspicuous, depressed mid- frequency in the past 10 years. These (Guy Hughes, Service, pers. comm. vein. The leaves are alternate, or repeated storms have considerably 1998). There were several volunteer whorled, at branch tips; the petioles are opened the canopy of the sabana forest, seedlings near the larger plants, and the 35–40 cm (1–1.5 ft) long and based in creating conditions favored by invasive entire population was scattered over an distinctive, conspicuous green multiple alien plants and vines and perhaps area of approximately 200 sq m (240 sq ‘‘sockets’’ (Raulerson and Rinehart prohibiting the regeneration of O. yd). Many of the larger individuals were 1991). mariannense (L. Mehrhoff, in. litt. senescent, with many dried branches Historically, Osmoxylon mariannense 1995). For example, during the 1998 site and only a few green leaves on one or occurred in dense primary forest at visit, Taisacan indicated the once many- a few of the branches. The dried about 400 m (1,320 ft) elevation branched, 10 m (33 ft) high tree branches were lined with cuplike (Kanehira 1933). Reports from 1980 to appearing in the photograph in structures that contained seeds. All the 1995 indicate that approximately 20 Raulerson and Rinehart’s (1991) Guide available information and recent individuals from one scattered to the Trees and Shrubs of the Mariana observations suggest that these plants population were in the same vicinity as Islands, had been reduced to a small are perennials, but their above-ground reported by Kanehira (Lynn Raulerson, stump 2 m (6.5 ft) high with scandent parts die back annually. University of Guam, pers. comm. 1998; leaves after a decade of exposure to The only known population of this D. Grout and L. Mehrhoff, pers. comms. frequent typhoons (G. Hughes, pers. species occurs in an area that has 1997). Currently, all known individuals comm. 1998). Feral pigs (Sus scrofa) and increasingly been overutilized by of this species occur in small deer (Cervus mariannus) occur on Rota, people. Because of activities, such as subpopulations along a simple system of and their browsing and trampling are a collecting, trampling by fishermen and unimproved roads crossing the top of potential threat to unfenced individuals tourists, or expansion of the park’s the sabana (highest elevation terraces) of (G. Hughes, pers. comm. 1998). Insect, facilities, human activities has become Rota. One of the larger subpopulations mouse (Mus musculus), or rat (Rattus the primary threat to the species. The had approximately nine individuals in spp.) predation of seeds on the ground nonnative Casuarina equisetifolia 1994, but typhoons appeared to have is a suspected cause of the lack of (ironwood) is presently colonizing the damaged many of the trees, and only reproductive vigor exhibited by this
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The processing of this proposed rule endangered and threatened wildlife and Summary of Factors Affecting the conforms with our Final Listing Priority plants. Third priority (Priority 3) is Species Guidance published in the Federal processing new proposals to add species The procedures for adding species to Register on October 22, 1999 (64 FR to the lists. The processing of the Federal Lists are found in section 4 57114). The guidance clarifies the order administrative petition findings of the Act (16 U.S.C. 1531 et seq.) and in which we will process rulemakings. (petitions filed under section 4 of the the accompanying regulations (50 CFR Highest priority is processing Act) is the fourth priority (Priority 4). part 424). A species may be determined emergency listing rules for any species The processing of this proposed rule is to be an endangered or a threatened determined to face a significant and a Priority 3 action. species due to one or more of the five imminent risk to its well-being (Priority factors described in section 4(a)(1). The 1). Second priority (Priority 2) is primary threats facing the three species processing final determinations on in this proposed rule are summarized in proposed additions to the lists of Table 1.
TABLE 1.ÐSUMMARY OF PRIMARY THREATS
Col- Non- Develop- lecting/ Species Feral ani- Fire Mice/rats native Invertabrates ment/ Typhoons/ trampling Van- Limited mals plants road storms by hu- dalism numbers work mans
Nesogenes ...... Signifi- Significant Signifi- Potential Signifi- rotensis. cant threat. cant threat. cant threat. threat. threat.1 Osmoxylon Potential ...... Potential Signifi- Potential threat Signifi- Significant ...... Potential Signifi- mariannense. threat. threat. cant cant threat. threat. cant threat. threat. threa- t.1 * Tabernaemontana Potential Signifi- ...... Potential Potential threat Signifi- Significant ...... Signifi- Signifi- rotensis. threat. cant threat. cant threat. cant cant threat. threat. threat. threat. *= No more than 25 individuals; 1 = No more than 1 population.
These factors and their application to of its native forest (Falanruw et al. associated with development of resorts, Nesogenes rotensis Fosberg and Herbst, 1989). The continued loss of native agricultural fields, and bulldozing for Osmoxylon mariannense (Kanehira) forest is being exacerbated by the road maintenance and widening (D. Fosberg & Sachet, and Agricultural Homestead Act of 1990, Grout and L. Mehrhoff, pers. comms. Tabernaemontana rotensis (Kanehira) which allows for the distribution of 1- 1997). For example, individuals of Fosberg ex Stone are as follows: ha (2.5-ac) parcels of public land to Osmoxylon mariannense and A. The present or threatened eligible participants. Past land use plans Tabernaemontana rotensis on Rota were destruction, modification, or have proposed approximately 45 almost destroyed during recent road- curtailment of its habitat or range. percent of Rota should be designated widening activities (D. Grout and L. Native vegetation on Guam and Rota has private agricultural homestead land or Mehrhoff, pers. comms. 1997). undergone extreme alteration because of as land likely to be converted to B. Overutilization for commercial, past and present land use practices, agricultural homesteads. Currently, recreational, scientific, or educational including ranching, deliberate and about 324 ha (809 ac), or 4 percent of purposes. At this time, overutilization is unintentional alien animal and plant Rota, in the Chenchon area, where one not known to be an important factor, but introductions, agricultural development, of the two individuals of unrestricted scientific or horticultural and military activities, including Tabernaemontana rotensis occurs, is collecting or excessive visits by bombing, during World War II being considered for future agricultural individuals interested in seeing rare (Falanruw et al. 1989, Fosberg 1960). On homesteads. This agricultural plants could seriously impact all three Guam, land development and feral development, along with the completion species, whose low numbers make them animals altered most of the island’s of an 18-hole golf resort and plans for especially vulnerable to disturbances. In native vegetation. Probably no more additional, large-scale development, addition, the only known population of than 30 percent of Guam’s land area is continue to threaten the remaining Nesogenes rotensis, located in a public covered by native limestone and ravine limestone forest with fragmentation and park, is threatened with trampling by forest; federally owned lands in degradation. tourists and fishermen. Vandalism is northern Guam represent the largest Throughout the Mariana Islands, also a threat to all three species, as contiguous forest areas. goats, pigs, cattle, and deer have caused evidenced by the destruction of a Rota experienced extensive severe damage to forest vegetation by Tabernaemontana rotensis tree on Rota, agricultural development by the browsing on plants, causing erosion which was hacked to the ground and set Japanese prior to World War II, but was (Kessler 1997, Marshall et al. 1995), and on fire after its location was given to not invaded by allied forces during retarding forest growth and regeneration people planning a golf course in the area World War II. The absence of an (Lemke 1992). Thus, all of these islands (Raulerson and Rinehart 1997). invasion, combined with rugged retain only a fraction of their historical C. Disease and predation. No diseases topography, resulted in the persistence forested habitat, and this remaining or predators of these three species have of stands of native forest. However, habitat is threatened by the been documented. However, an today, Rota retains less than 60 percent fragmentation and degradation unidentified caterpillar was observed
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˜ causing defoliation damage to one 1997) by the CNMI Government and coastal strand habitat at Pona Point Tabernaemontana rotensis tree (L. local Rota residents with technical Fishing Cliff. C. equisetifolia will likely Mehrhoff and C. Russell, Service, pers. assistance from the U.S. Fish and spread and may significantly change the comms. 1997), and individuals of Wildlife Service, Pacific Islands Office. coastal scrubland into a forest habitat Osmoxylon mariannense have Initiated largely for the conservation of with no understory plants or available reportedly suffered defoliation by an the Mariana crow (Corvus kubaryi), sunlight. Destruction of the sabana unknown agent (E. Taisacan, pers. most of the land that is under forest canopy by typhoons in recent comm. 1997). Although why O. discussion for possible inclusion in years has not only destroyed individual mariannense is declining is unclear, conservation areas under the HCP is O. mariannense trees (Raulerson and invertebrate pests, rats, or disease are limestone forest, which may provide Rinehart 1997), but has also altered suspected, judging by the poor health of potential habitat for these three plant subcanopy habitat conditions over the the leaves, the lack of seedlings or species. However, the HCP has not yet long term by opening up and drying out juveniles, and the fact that several of the been submitted as part of an application older, closed forest habitat (E. Taisacan, previously mapped older individuals for an Endangered Species Act section pers. comm. 1998). In opened forest have died in recent years (D. Grout, 10 permit, and we have not made any areas, various opportunistic, weedy pers. comm. 1997). decision regarding whether it would vines such as M. charantia, M. In the Hawaiian Islands, two rat meet statutory issuance criteria. scandens, and P. suberosa cover the species, the black rat (Rattus rattus) and The Guam National Wildlife refuge ground (Fosberg 1960; Guy Hughes, the Polynesian rat (R. exulans), and to overlay was established to develop and pers. comm. 1998) and may not provide a lesser extent other introduced rodents implement a long-term comprehensive the conditions for seed germination and such as the European house mouse (Mus program to conserve and restore seedling growth as is provided in domesticus), eat large, fleshy fruits and endangered and threatened species and closed-canopy, high-stature forests strip the bark of some native plants other native flora and fauna, consistent covered with mosses and various (Cuddihy and Stone 1990, Tomich 1986, with the national defense mission of the epiphytic species like orchids. Wagner et al. 1985). Introduced rats (R. Air Force. For example, some of the The small number of individuals of tanezumi and R. exulans) or house mice Tabernaemontana rotensis individuals the three species covered by this (M. musculus) on Rota also may be a occurring in the overlay refuge are proposed rule increases the potential for threat to Osmoxylon mariannense and within Area 50, a protected section of extinction from natural or human- Tabernaemontana rotensis, since no forest. However, as discussed in Factor caused random events. The limited gene regeneration of these species has been C, other individuals of this species are pool may depress reproductive vigor, or observed (Earl Campbell, U.S. not currently fenced and could be a single human-caused or natural Geological Survey, Biological Resources browsed or trampled by feral animals. In environmental disturbance could Division, pers. comm. 1998). addition, while the Air Force consults destroy a significant percentage of the Although no predation or trampling with us on actions that may affect listed, individuals or whole populations. For by ungulates has been documented, proposed, and candidate species and example, a typhoon could cause the Osmoxylon mariannense and their habitats, nothing in the destruction of the remaining individuals Tabernaemontana rotensis on both cooperative agreements establishing the of Tabernaemontana rotensis on the islands are potentially threatened by overlay refuge would prohibit the Air Guam Naval Magazine, or a storm surge adverse effects from feral pigs and deer. Force from carrying out its mission on could destroy the only remaining Four of the T. rotensis trees on Guam are such lands, consistent with applicable population of Nesogenes rotensis. protected from ungulates inside Area law. Therefore, military missions such We have carefully assessed the best 50, which is fenced, though whether the as troop training actions that occur scientific and commercial information trees’ occurrence in this location within habitat supporting candidate available on the past, present, and resulted from the exclusion of ungulates species (e.g., T. rotensis) could take future threats facing these species in is not clear. However, three individuals precedence over conservation of determining to propose this rule. Based of T. rotensis on Guam are not currently candidate species. on this evaluation, we propose to list fenced and could be browsed or E. Other natural or manmade factors Nesogenes rotensis, Osmoxylon trampled by feral animals. On Rota, affecting its continued existence. The mariannense, and Tabernaemontana cooperative efforts between the Service combination of increased storm rotensis as endangered. These three and the Rota Division of Fish and disturbance frequency and competition species are threatened by one or more of Wildlife resulted in the construction of from alien species may be significantly the following: habitat degradation or fenced exclosures around the two altering the condition of habitat destruction by feral deer and pigs; known T. rotensis trees and several occupied by Tabernaemontana rotensis competition for space, light, water, and individuals of O. mariannense. and Osmoxylon mariannense. Guam nutrients with naturalized, introduced D. The inadequacy of existing and Rota have a long history of plant species; road construction and regulatory mechanisms. Currently, these disturbances by tropical typhoons (Weir maintenance activities; recreational species receive no formal protection 1991), and the native biota may be activities; natural disasters or random from Federal, Government of Guam, or adapted to these events; however, in the environmental events; fire; vandalism; CNMI laws. While Government of Guam past decade, frequent typhoons have development of agricultural laws would prohibit the take of severely impacted both islands. In homesteads, resorts, and golf courses; endangered species, the CNMI has no addition, all three species are threatened limited reproductive vigor; and similar regulations to protect listed by competition from one or more potentially insect, mouse, or rat species, although they sometimes nonnative plant species. predation. Osmoxylon mariannense is provide limited species protection to Tabernaemontana rotensis may be known from 1 scattered population of specific islands regardless of overall threatened by Momordica charantia, approximately 20 individuals, while species distributions (e.g., Mariana fruit Mikania scandens, and Passiflora Nesogenes rotensis is known from 1 bat). A Habitat Conservation Plan (HCP) suberosa. Nesogenes rotensis is population of approximately 30 plants. for the island of Rota is now under threatened by Casuarina equisetifolia, Only around 30 adult Tabernaemontana development (Resources Northwest which is becoming established in the rotensis trees are known from two
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Public Comments Solicited of this proposal in the Federal Register. the rule? (3) What else could we do to We intend that any final action Address your requests to the Field make the rule easier to understand? Supervisor (see ADDRESSES section). resulting from this proposal will be as National Environmental Policy Act accurate and effective as possible. Our practice is to make comments, Comments or suggestions from the including names and home addresses of We have determined that preparation public, other concerned governmental respondents, available for public review of an environmental assessment or agencies, the scientific community, during regular business hours. environmental impact statement, as industry, or any other interested party Individual respondents may request that defined under the authority of the concerning this proposed rule are we withhold their home address from National Environmental Policy Act of requested. Comments are particularly the rulemaking record, which we will 1969, is not necessary when issuing sought concerning: honor to the extent allowable by law. In regulations adopted under section 4(a) (1) Biological, commercial trade, or some circumstances, we would of the Endangered Species Act of 1973, other relevant data concerning any withhold from the rulemaking record a as amended. We published a notice threat (or lack thereof) to these species; respondent’s identity, as allowable by outlining our reasons for this decision (2) The location of any additional law. If you wish for us to withhold your in the Federal Register on October 25, populations of these species and reasons name and/or address, you must state 1983 (48 FR 49244). why any habitat should or should not be this request prominently at the References Cited designated as critical habitat; beginning of your comment. However, (3) Additional information on the we will not consider anonymous A complete list of all references cited range, distribution, and population size comments. We will make all herein is available upon request from of these species; and submissions from organizations or the Pacific Islands Ecoregion Office. (4) Current or planned activities in the businesses, and from individuals (See ADDRESSES section.) subject area and their possible impacts identifying themselves as Author: The author of this proposed on these species. representatives or officials of rule is Guy D. Hughes (see ADDRESSES Final issuance of regulations for these organizations or businesses, available section) (808/541–3441). three species will take into for public inspection in their entirety. consideration the comments and any List of Subjects in 50 CFR Part 17 additional information received by the Electronic Access and Filing Endangered and threatened species, Service, and such communications may Exports, Imports, Reporting and You may send comments by e-mail to lead to a final regulation that differs recordkeeping requirements, [email protected]. Please submit from this proposal. In accordance with Transportation. interagency policy published on July 1, these comments as an ASCII file and 1994 (59 FR 34270), upon publication of avoid the use of special characters and Proposed Regulation Promulgation this proposed rule in the Federal any form of encryption. Please also Accordingly, we propose to amend Register, we will solicit expert reviews include ‘‘Attn: RIN 1018–AG09’’ and part 17, subchapter B of chapter I, title by at least three specialists regarding your name and return address in your 50 of the Code of Federal Regulations, pertinent scientific or commercial data e-mail message. If you do not receive a as set forth below: and assumptions relating to the confirmation from the system that we taxonomic, biological, and ecological have received your e-mail message, PART 17Ð[AMENDED] information for the three species. The contact us directly by calling our Pacific purpose of such a review is to ensure Islands Office at phone number 808– 1. The authority citation for part 17 that listing decisions are based on 541–3441. continues to read as follows: scientifically sound data, assumptions, Executive Order 12866 Authority: 16 U.S.C. 1361–1407; 16 U.S.C. and analyses, including the input of 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– appropriate experts. We will summarize Executive Order 12866 requires each 625, 100 Stat. 3500; unless otherwise noted. the opinions of these reviewers in the agency to write regulations that are easy 2. Section 17.12(h) is amended by final decision document. The final to understand. We invite your adding the following, in alphabetical determination may differ from this comments on how to make this rule order under FLOWERING PLANTS, to proposal based upon the information we easier to understand including answers the List of Endangered and Threatened receive. to the following: (1) Are the Plants: You may request a public hearing on requirements of the rule clear? (2) Is the this proposal. Your request for a hearing discussion of the rule in the § 17.12 Endangered and threatened plants. must be made in writing and filed Supplementary Information section of * * * * * within 45 days of the date of publication the preamble helpful to understanding (h) * * *
Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules
FLOWERING PLANTS
******* Nesoqenes rotensis None ...... Western Pacific Verbenaceae ...... E ...... NA NA OceanÐU.S.A. (Commonwealth of the Northern Mariana Islands).
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Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules
******* Osmoxylon None ...... Western Pacific Araliaceae ...... E ...... NA NA mariannense. OceanÐU.S.A. (Commonwealth of the Northern Mariana Islands).
******* Tabernaemontana None ...... Western Pacific Apocynaceae ...... E ...... NA NA rotensis. OceanÐU.S.A. (Commonwealth of the Northern Mariana Islands and Guam).
*******
Dated: May 2, 2000. recovery provisions afforded by the Act These shrews eat more than their own Jamie Rappaport Clark, for the Buena Vista Lake shrew. weight each day (Burt and Director, Fish and Wildlife Service. DATES: We must receive comments from Grossenheider 1964) to withstand [FR Doc. 00–13707 Filed 5–31–00; 8:45 am] all interested parties by July 31, 2000. starvation and maintain their body BILLING CODE 4310±55±P Public hearing requests must be weight at high rates of metabolism received by July 17, 2000. (McNab 1991). Sorex ornatus relictus ADDRESSES: Send your comments and can have an impact on surrounding DEPARTMENT OF THE INTERIOR materials concerning this proposal to plant communities by consuming large the Field Supervisor, Sacramento Fish quantities of insects, slugs, and other Fish and Wildlife Service and Wildlife Office, U.S. Fish and invertebrates that can influence such Wildlife Service, 2800 Cottage Way, Rm things as plant succession and control 50 CFR Part 17 W–2605, Sacramento, California 95825. the irruptions of pest insects Comments and materials received, as (Maldonado 1992; Williams 1991). RIN 1018±AGO4 well as the supporting documentation Sorex ornatus relictus also may be an used in preparing the rule, will be important prey species for raptors, Endangered and Threatened Wildlife available for public inspection, by snakes, and carnivores (Maldonado and Plants; Proposed Endangered appointment, during normal business 1992). Status for the Buena Vista Lake Shrew hours at the above address. Grinnell (1932) was the first to FOR FURTHER INFORMATION CONTACT: describe Sorex ornatus relictus. AGENCY: Fish and Wildlife Service, Dwight Harvey, Sacramento Fish and According to Grinnell’s description, the Interior. Wildlife Office (see ADDRESSES section) Buena Vista Lake shrew’s back is ACTION: Proposed rule. (telephone 916/414–6600; facsimile predominantly black with a buffy-brown 916/414–6710). speckling pattern, its sides are more SUMMARY: We, the U.S. Fish and SUPPLEMENTARY INFORMATION: buffy-brown than the upper surface, and Wildlife Service (Service), propose to its underside is smoke-gray. The tail is list the Buena Vista Lake shrew, Sorex Background faintly bicolor and blackens toward the ornatus relictus, as endangered pursuant The Buena Vista Lake shrew, Sorex end both above and below. The Buena to the Endangered Species Act of 1973, ornatus relictus, is one of nine Vista Lake shrew weighs approximately as amended (Act). Prior to 1986, this subspecies within the ornate shrew 4 grams (g) (0.14 ounces (oz)) (Kathy subspecies had not been observed since Sorex ornatus species complex known Freas, Stanford University, pers. comm. it was first described in 1932. In 1986, to occur in California (Hall 1981; Owen 1994) and has a total length ranging three Buena Vista Lake shrews were and Hoffmann 1983; Maldonado 1992). from 98 to 105 millimeters (mm) (3.85 observed at a permanent pond located Sorex ornatus belongs to the order to 4.13 inches (in.)) with a tail length of within a former preserve, approximately Insectivora and family Soricidae, 35 to 39 mm (1.38 to 1.54 in.) (Grinnell 26 kilometers (km) (16 miles (mi)) south subfamily Soricinae, and the tribe 1932). The Buena Vista Lake shrew of Bakersfield, CA. No more than 38 Soricini, with three subgenera (Owen differs from its geographically closest individuals have been observed since and Hoffmann 1983; Junge and subspecies, the ornate shrew Sorex they were rediscovered in 1986. The Hoffmann 1981). ornatus spp. ornatus, by having darker, only known extant Buena Vista Lake Sorex ornatus relictus are primarily grayish-black coloration, rather than shrew population is threatened insectivorous mammals that are the brown. In addition, S. o. ssp. relictus primarily by agricultural activities, approximate size of a mouse. They have has a slightly larger body size; shorter modifications and potential impacts to a long snout, tiny bead-like eyes, ears tail; skull with a shorter, heavier local hydrology, uncertainty of water that are concealed, or nearly concealed, rostrum; and a higher and more angular delivery, possible toxic effects from by soft fur, and five toes on each foot brain-case in dorsal view than S. o. ssp. selenium poisoning, and random (Ingles 1965; Burt and Grossenheider ornatus (Grinnell 1932). naturally occurring events. This 1964). Sorex ornatus relictus are active Ornate shrews, on the average, rarely proposal, if made final, would day or night. When they are not live longer than 12 months, and implement the Federal protection and sleeping, they are searching for food. evidence indicates that the normal
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