Endangered and Threatened Wildlife and Plants; Withdrawal of Proposed Rule to List Coccoloba Rugosa (Ortegon) as Threatened

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC04

Endangered and Threatened Wildlife and Plants; Withdrawal of

Proposed Rule to List Coccoloba Rugosa (Ortegon) as Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The U.S. Fish and Wildlife Service withdraws the proposed rule

to list Coccoloba rugosa (ortegon) as threatened, pursuant to the

Endangered Species Act of 1973, as amended. This plant, endemic to

Puerto Rico, occurs primarily in the eastern portion of the island. It

is currently known from approximately 33 localities. Based on an

evaluation of data available following publication of the proposal and

evaluation of the comments, the Service determines that listing of

ortegon is not warranted at the present time. The Service expects to

work together with the U.S. Army, U.S. Navy, U.S. Forest Service, the

Puerto Rico Conservation Trust and private landowners to protect and

monitor the status of the species on these lands.

ADDRESSES: The complete file for this action is available for

inspection, by appointment, during normal business hours at the

Caribbean Field Office, Box 491, Boqueron, Puerto Rico 00622.

FOR FURTHER INFORMATION CONTACT: Ms. Susan R. Silander at the Caribbean

Field Office address (809/851-7297).

SUPPLEMENTARY INFORMATION:

Background

Although there are no records available concerning when Coccoloba

rugosa was first discovered, it is known that it was widely cultivated

in European botanical gardens during the nineteenth century (Proctor,

pers. comm.). The species was named in 1815 and described in 1829 by

the French botanist Rene Louiche Desfontaines from a cultivated

specimen at the Botanical Garden of Paris (Little et al. 1974). This

plant was reported from St. Thomas more than a century ago, but it is a

doubtful record (Proctor, pers. comm.).

Coccoloba rugosa is a small evergreen tree 9 meters (30 feet) tall

with a diameter of approximately 12.5 centimeters (5 inches). The bark

is brown or gray and fissured, with faint rings at the nodes. The green

twigs are stout, slightly flattened with longitudinal ridges. The

alternate stalkless leaves are 22-60 centimeters (9-24 inches) wide,

very thick, brittle, and hairless. The leaf surface is rugose, with

veins deeply sunken on the upper side and prominent beneath. At the

base of each leaf is a large sheath (ocrea) measuring 4-6 centimeters

(1.5-2.5 inches) long. Inflorescences are terminal, 30-75 centimeters

(1-2.5 feet) long with numerous small crimson-colored flowers. Male and

female flowers are borne on different trees (dioecious). The red ovoid

fruits are about 1 centimeter (.4 inch) long with one brown, pointed,

3-angled seed that is .5 centimeter (.2 inch) long.

Ortegon is known from approximately 5,000 individuals at 33 sites

most of which occur in the subtropical moist forest life zone of

northern and eastern Puerto Rico. In eastern Puerto Rico the species is

known from 23 localities. More than 1,000 individuals have been located

at several localities on a privately-owned tourist resort complex in

the Humacao/Yabucoa area in eastern Puerto Rico. An additional 400

individuals were found at Punta Guayanez, adjacent to the tourist

resort complex. The species also occurs in 10 areas in the Punta

Yeguas/Punta Toro area of Yabucoa/Maunabo municipalities. Portions of

the Punta Yeguas area are owned and managed by the Puerto Rico

Conservation Trust. Approximately 350 individuals may occur in these

areas. More than 2,000 plants have been reported from the east facing

slopes of Cerro Mala Pascua at approximately 100 meters above sea level

in the municipalities of Maunabo and Patillas.

In northeastern Puerto Rico Coccoloba rugosa has been reported from

locations in Luquillo, Rio Grande, the El Convento area of Fajardo, and

from two locations which fall within the Caribbean National Forest

(approximately 36 plants).

In northern Puerto Rico the species occurs in the limestone knolls

within the San Juan metropolitan area at two localities: 6 individuals

on the Fort Buchanan Army installation in the municipality of Guaynabo

and one locality consisting of 2 individuals on the Sabana Seca Naval

Security Group Activities facility in the municipality of Toa Baja. One

population historically

[[Page 9725]]

reported from west of the San Jose lagoon in the San Juan metropolitan

area was destroyed some years ago (Little et al. 1974).

Previous Federal Action

Coccoloba rugosa was included among the plants being considered as

a candidate species (species for which the Service has on file

sufficient information on biological vulnerability and threat(s) to

support issuance of a proposed rule to list) by the Service, as

published in the Federal Register notice of review dated February 21,

1990 (55 FR 6184) and September 30, 1993 (58 FR 51144).

The Service published a proposal to list ortegon as threatened on

September 24, 1993 (58 FR 49660) based on information available at that

time. The comment period on the proposal was subsequently reopened

until January 24, 1995 (59 FR 60598) to allow for the collection and

verification of additional information. The deadline for publishing a

final listing decision was extended in the same Federal Register notice

to March 24, 1995.

The processing of this action conforms with the Service's final

listing priority guidance published in the Federal Register on December

5, 1996 (61 FR 64475). The guidance clarifies the order in which the

Service will process rulemakings during fiscal year 1997. The guidance

calls for giving highest priority to handling emergency situations

(Tier 1) and second highest priority (Tier 2) to resolving the listing

status of the outstanding proposed listings. This rule falls under Tier

2. At this time, there are no pending Tier 1 actions.

Summary of Comments and Recommendations

In the September 24, 1993, proposed rule and associated

notifications, all interested parties were requested to submit factual

reports of information that might contribute to the development of a

final rule. Appropriate agencies of the Commonwealth of Puerto Rico,

Federal agencies, scientific organizations and other interested parties

were contacted and requested to comment. A newspaper notice inviting

general public comment was published in the ``San Juan Star'' on

October 10, 1993. The Service received three letters of comment, one

supported the listing (Puerto Rico Department of Natural and

Environmental Resources) and the other two provided information

(University of Puerto Rico at Humacao and Vazquez Environmental

Services, Inc. for Palmas del Mar, Inc.) but did not indicate either

support or opposition.

Nevertheless, on June 21, 1994, the Service received a letter from

Vinson & Elkins, attorneys for the Palmas del Mar Properties, Inc.,

which provided additional information on both the distribution and

abundance of Coccoloba rugosa. Based on this additional information the

Service reopened the comment period through January 24, 1995, and

requested additional information from Federal agencies, Commonwealth of

Puerto Rico agencies, scientific organizations and interested parties.

One letter of comment was received, from Vinson & Elkins for Palmas del

Mar, Inc., which provided information similar to that in their letter

of June 21, 1994. The Service has verified data provided by Palmas in

both of these letters and this information has been incorporated into

the supplementary information provided above.

Summary of Factors Affecting the Species

The Endangered Species Act and implementing regulations found at 50

CFR 424.17(3) provide for the basis for determining a species to be

endangered or threatened and for withdrawing a proposed rule when the

proposal has not been found to be supported by available evidence. The

five factors described in section 4(a)(1) of the Endangered Species

Act, as they apply to the withdrawal of the proposed listing of

Coccoloba rugosa (ortegon) are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment

of its Habitat or Range

At present, Coccoloba rugosa is known from a total of 33

localities. Two are located on land which is managed by the U.S. Forest

Service as part of the Caribbean National Forest and the species is

included by the Forest Service as a sensitive species and is considered

in environmental evaluations and in management practices. The species

occurs on property of both the U.S. Navy and the U.S. Army, both of

which are aware of the presence of the species and the need to protect

it. No activities are currently proposed by these entities for the

areas where the species is found. The localities at Punta Yeguas are

owned and managed by the Puerto Rico Conservation Trust, a non-

governmental organization dedicated to the protection of natural

resources, and the organization is aware of the presence of the species

on its property and the need for its protection.

More than 1,000 individuals are located within the boundaries of

the Palmas del Mar, Inc. resort in Humacao, Puerto Rico. The resort

has, in its most recent development expansion proposal, included all

known individuals within the project area in green areas and has

avoided impacting individuals. The corporation has expressed interest

in protecting the species through a cooperative agreement.

B. Overutilization for Commercial, Recreational, Scientific or

Educational Purposes

Not applicable. Ortegon may be of interest as a cultivated,

ornamental plant, and has been the subject of successful propagation

both by private entities as well as by the Puerto Rico Department of

Natural and Environmental Resources.

C. Disease or Predation

Not applicable.

D. The Inadequacy of Existing Regulatory Mechanisms

The species is considered to be a ``critical'' species by the

Puerto Rico Department of Natural and Environmental Resources and is

considered in evaluations done by the agency for development proposals.

Listing under the Act would have offered protection through Sections 7

and 9, and through recovery planning. Nevertheless, the largest

populations are on privately-owned land where few federally-funded or

permitted projects are anticipated.

E. Other Natural or Manmade Factors Affecting its Continued Existence

Although the forests of eastern Puerto Rico were dramatically

affected by the passage of Hurricane Hugo in 1989, the species occurs

in a sufficient number of localities that would ensure its continued

survival.

Proposed Rule Withdrawal

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by Coccoloba rugosa in determining to withdraw

this proposed rule. The withdrawal is based on the likelihood of the

species retaining its current distribution and numbers and the

anticipated cooperation on the part of both Federal and Commonwealth

agencies and non-governmental and private entities in the conservation

of the species.

The Service withdraws the proposed rule of September 24, 1993 (58

FR 49660) to list the Coccoloba rugosa as a threatened species. At

present the Service does not consider this species a Candidate for

listing.

[[Page 9726]]

References Cited

Little, E.L., R.O. Woodbury, and F.H. Wadsworth. 1974. Trees of

Puerto Rico and the Virgin Islands. Second volume. U.S. Department

of Agriculture Handbook No. 449. Washington, D.C. 1024 pp.

Author

The primary author of this document is Ms. Susan R. Silander (see

ADDRESSES section).

Authority

The authority for this action is section 4(b)(6)(B)(ii) of the

Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

Dated: February 10, 1997.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 97-5156 Filed 3-3-97; 8:45 am]

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