Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for the Puerto Rican Broad-winged Hawk and the Puerto Rican Sharp-shinned Hawk

DEPARTMENT OF THE INTERIOR

50 CFR Part 17

RIN 1018-AC12

Endangered and Threatened Wildlife and Plants; Proposed

Endangered Status for the Puerto Rican Broad-winged Hawk and the Puerto

Rican Sharp-shinned Hawk

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Service proposes to determine the Puerto Rican broad-

winged hawk (Buteo platypterus brunnescens) and the Puerto Rican sharp-

shinned hawk (Accipiter striatus venator) to be endangered pursuant to

the Endangered Species Act (Act) of 1973, as amended. These uncommon

woodland raptors are restricted to montane, government-owned forests

along the Cordillera Central, Sierra de Cayey and Sierra de Luquillo.

There are approximately 155 sharp-shinned hawks and 124 broad-winged

hawks island-wide. Both species are currently threatened by: Timber

harvest and management practices in the forests; road construction in

relation to timbering and recreational activities; increase in numbers

of recreational facilities, and the disturbance associated with public

use; mortality and habitat destruction from hurricanes; the lack of

comprehensive management plans for the Commonwealth forests; possible

loss of genetic variation due to low population levels: and the

potential for illegal shooting. The Puerto Rican sharp-shinned hawk is

also affected by warble fly parasitism. This proposal, if made final,

would provide these species with the Act's protection and recovery

provisions. The Service seeks data and comments from the public on this

proposal.

DATES: Comments from all interested parties must be received by May 3,

1994. Public hearing requests must be received by February 17, 1994.

Puerto Rican sharp-shinned hawk is

also affected by warble fly parasitism. This proposal, if made final,

would provide these species with the Act's protection and recovery

provisions. The Service seeks data and comments from the public on this

proposal.

DATES: Comments from all interested parties must be received by May 3,

1994. Public hearing requests must be received by February 17, 1994.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the Field Supervisor, U.S. Fish and Wildlife Service, Caribbean

Field Office, P.O. Box 491, Boqueron, Puerto Rico 00622. Comments and

materials received will be available for public inspection, by

appointment, during normal business hours, at the Caribbean Field

Office and at the Service's Southeast Regional Office, suite 1282, 75

Spring Street, SW., Atlanta, Georgia 30303.

FOR FURTHER INFORMATION CONTACT: Ms. Marelisa Rivera at the Caribbean

Field Office address (809/851-7297), or Mr. Dave Flemming at the

Atlanta Regional Office address (404/331-3583).

SUPPLEMENTARY INFORMATION:

Background

The broad-winged hawk (Buteo platypterus) was first reported in

Puerto Rico by Gundlach (1878). He reported this species as ``common''

in the ``interior'' of Puerto Rico. Stahl (1883) reported the species

as ``transient''. In the first half of the 20th century, the species

was not reported by other naturalists that visited the island (Bowdish

1902, Wetmore 1914, and Danforth 1931). Wetmore (1927) believed the

species extinct. Danforth and Smyth (1935) collected a specimen in

Luquillo (Caribbean National Forest) and described it as a distinct

resident subspecies, the Puerto Rican broad-winged hawk (Buteo

platypterus brunnescens). Danforth (1936) reported sightings of broad-

winged hawks from Utuado. Leopold (1963) reported the species from

Luquillo, Utuado and Maricao forests.

The Puerto Rican broad-winged hawk is a dark chocolate brown,

small-sized hawk that measures approximately 39 centimeters (15.5

inches)

ed it as a distinct

resident subspecies, the Puerto Rican broad-winged hawk (Buteo

platypterus brunnescens). Danforth (1936) reported sightings of broad-

winged hawks from Utuado. Leopold (1963) reported the species from

Luquillo, Utuado and Maricao forests.

The Puerto Rican broad-winged hawk is a dark chocolate brown,

small-sized hawk that measures approximately 39 centimeters (15.5

inches). It is smaller than Buteo platypterus platypterus but larger

than the Lesser Antillean subspecies. This is the darkest subspecies of

the broad-winged hawk. In adults, the tail, broadly banded with black

and white, and the rufous breast are characteristic. Immature birds

have dark bars on the breast and lack the distinctive tail bands of the

adult. Broadwings flap more than the similar but larger red-tailed hawk

(Raffaele 1989). Knowledge of the biology of the Puerto Rican broad-

winged hawk is limited. Snyder et al. (1987) conducted food-habit

studies on one of the three nests found in the Caribbean National

Forest in 1976 and one nest found in Rio Abajo in 1978. The prey types

taken included centipedes, frogs, lizards, mice, rats and birds

(including some as large as 200 grams). Studies of breeding biology,

habitat requirements and other aspects of this species' biology are not

available in the literature.

The Puerto Rican broad-winged hawk is an uncommon and extremely

local resident. Extant populations are restricted to montane habitats

of three forests: Rio Abajo Commonwealth Forest, Carite Commonwealth

Forest and Caribbean National Forest. Breeding has not been documented

in the Carite forest (Hernandez 1980, Snyder et al. 1987). In the mid-

1980's, the population in the Caribbean National Forest was estimated

to be 40-60 individuals and 15-20 breeding pairs (Santana and Temple

1984, Snyder et al. 1987)

to montane habitats

of three forests: Rio Abajo Commonwealth Forest, Carite Commonwealth

Forest and Caribbean National Forest. Breeding has not been documented

in the Carite forest (Hernandez 1980, Snyder et al. 1987). In the mid-

1980's, the population in the Caribbean National Forest was estimated

to be 40-60 individuals and 15-20 breeding pairs (Santana and Temple

1984, Snyder et al. 1987). The broad-winged hawks were more often seen

in the eastern side of the Caribbean National Forest, and the tabonuco

and palo colorado forest types were reported to be the preferred

habitats for the species (Wiley and Bauer 1985). In 1992, 12 broad-

winged hawks were sighted in the Caribbean National Forest and the

population was estimated at 22 individuals (Delannoy 1992). These

individuals were observed to be clustered in the north-central part of

the forest within the subtropical wet forest and subtropical rain

forest life zones, where the tabonuco is the dominant forest type.

Very little is known about the Rio Abajo and Carite forest

populations. However, it appears that the existence of the Rio Abajo

population was known by Danforth (1936) and Leopold (1963) since they

both reported sightings of broad-winged hawks from Utuado. Snyder et

al. (1987) believed that the Rio Abajo forest sustains not more than 50

individuals. Delannoy (1992) reported 26 broad-winged hawks, or an

estimated population of 52 individuals, in the Rio Abajo forest. The

Puerto Rican broad-winged hawk was unknown from the Carite forest until

1980, when the existence of a resident population present year-round

was reported (Hernandez 1980). In 1992, 20 broad-winged hawks were

censused in the Carite forest and a population of 22 individuals was

estimated (Delannoy 1992). In the Carite forest the species has been

reported from the elfin, caimitillo, granadillo, tabonuco, and slope

forest types (Hernandez 1980, Delannoy 1992)

until

1980, when the existence of a resident population present year-round

was reported (Hernandez 1980). In 1992, 20 broad-winged hawks were

censused in the Carite forest and a population of 22 individuals was

estimated (Delannoy 1992). In the Carite forest the species has been

reported from the elfin, caimitillo, granadillo, tabonuco, and slope

forest types (Hernandez 1980, Delannoy 1992).

The 206.4 square kilometers censused in three forests (Rio Abajo,

Carite and Caribbean National Forest) in 1992 yielded a count of 58

broad-winged hawks, and a total population estimate of 124 individuals

(Delannoy 1992). Sightings of the broad-winged hawk have been reported

from other areas, such as Cayey (next to the Carite forest), Utuado,

Jayuya, Adjuntas, Villalba, and the Maricao and Toro Negro forests

(Leopold 1963, Perez-Rivera and Cotte-Santana 1977). Nevertheless,

Delannoy (1991) established that the Maricao and Toro Negro forests do

not have resident populations. Broad-winged hawks have been searched

for, but not sighted, in upland forested habitats in Utuado, Jayuya,

Adjuntas, Orocovis, and Barranquitas (Delannoy 1992).

The sharp-shinned hawk (Accipiter striatus) is a polytypic species

with nine subspecies distributed in the western hemisphere, from Alaska

to Canada south to Argentina and to the West Indies (Cuba, Hispaniola

and Puerto Rico) (Wattel 1973). The Puerto Rican sharp-shinned hawk was

first discovered in 1912 in the Maricao Commonwealth Forest, and

described as a distinct subspecies, Accipiter striatus venator (Wetmore

1914).

The Puerto Rican sharp-shinned hawk is a small hawk measuring

approximately 28-33 centimeters (11-13 inches). The dark slate gray

upper parts and heavily barred rufous underparts of the adults are

distinctive. Immatures are brown above and heavily streaked below. It

has a short, squared tail, often appearing notched when folded, and a

small head and neck. In flight, the short, rounded wings and long,

narrow tail are characteristic (Raffaele 1989)

uring

approximately 28-33 centimeters (11-13 inches). The dark slate gray

upper parts and heavily barred rufous underparts of the adults are

distinctive. Immatures are brown above and heavily streaked below. It

has a short, squared tail, often appearing notched when folded, and a

small head and neck. In flight, the short, rounded wings and long,

narrow tail are characteristic (Raffaele 1989).

Extant breeding populations of the Puerto Rican sharp-shinned hawk

were located in the mountain forest of the Maricao Commonwealth Forest,

Toro Negro Commonwealth Forest, Guilarte Commonwealth Forest, Carite

Commonwealth Forest and Caribbean National Forest (Cruz and Delannoy

1986). Sixty individuals were counted in island-wide surveys conducted

in 1983, and a breeding density of .73 hawks/km\2\ was estimated (Cruz

and Delannoy 1986). In 1985, 72 individuals were counted and a breeding

population of .76 hawk/km\2\ (230-250 island-wide) were estimated in

island-wide surveys (Cruz and Delannoy 1986). In 1992, 285.6 square

kilometers censused yielded 82 sharp-shinned hawks; 40 were counted in

Maricao, 30 in Toro Negro, 10 in Carite and 2 in the Caribbean National

Forest. An overall population of 129 individuals has been estimated for

these forests (Delannoy 1992). Although the Guilarte forest population

was not censused in 1992, a population of 25 individuals was estimated

for the forest in 1985 (Cruz and Delannoy 1986).

Studies on breeding and nesting habitat of this species, conducted

by Cruz and Delannoy (1986) showed that the sharp-shinned hawk

population in Maricao nests in both natural and modified (Calophyllum

plantation) habitats. Plantation nest sites tended to have large canopy

trees and fewer understory trees than natural forest nest sites. Sharp-

shinned hawks appear to select plantation and natural forest nest sites

with similar vegetative structure and topography

y Cruz and Delannoy (1986) showed that the sharp-shinned hawk

population in Maricao nests in both natural and modified (Calophyllum

plantation) habitats. Plantation nest sites tended to have large canopy

trees and fewer understory trees than natural forest nest sites. Sharp-

shinned hawks appear to select plantation and natural forest nest sites

with similar vegetative structure and topography. Results suggested

that special vegetation structural requirements (closed canopies and

dense stands) are sought by the Puerto Rican sharp-shinned hawks in the

selection of nest sites in Maricao and apparently in other parts of its

range in Puerto Rico (Cruz and Delannoy 1986). Furthermore, these

authors reported low reproductive success, high desertion of eggs, and

high nestling mortality due to parasitism by the warble fly Philornis

spp.

The center of sharp-shinned hawk courtship and territorial

activities in Maricao forest was located in the north-central and

eastern parts, within the subtropical lower montane wet forest and

subtropical wet forest life zones. In the Carite forest, territorial

and courtship activities occurred in the northeastern and north-central

parts, within the caimitillo-granadillo forest types (Delannoy 1992).

In Toro Negro, these activities took place in the elfin woodland,

sierra palm, caimitillo-granadillo and tabonuco forest types. In the

Caribbean National Forest, the only two sharp-shinned hawks sighted (a

solitary territorial pair) were detected in the south-central part of

the forest, confined to the palo colorado forest type of the lower

montane forest life zone (Delannoy 1992).

Although the sharp-shinned hawk was previously known from the karst

region of Rio Abajo and Guajataca Commonwealth Forests, Cruz and

Delannoy (1986) did not find any evidence of its presence in these

areas. Fossil evidence indicates that the species was once more

widespread in the karst region (Wetmore 1922)

he Puerto Rican broad-winged

hawk, the Service has made administrative findings of ``warranted but

precluded'' each year, beginning in October of 1983, as required by the

Act. In the case of the Puerto Rican sharp-shinned hawk, a status

survey completed in 1986 resulted in a final petition finding of ``not

warranted'' that was announced in the Federal Register of April 25,

1990 (55 FR 17475).

In the Service's notice of review for vertebrate candidates

published in the Federal Register of December 30, 1982 (47 FR 58454)

and September 18, 1985 (50 FR 37958), both hawks were included as

category 2 species, i.e., taxa for which there is information to

indicate that listing may be appropriate, but for which there is

insufficient data to support a listing proposal. In the animal notice

of review published January 6, 1989 (54 FR 554), the Puerto Rican

sharp-shinned hawk was moved to category 3C based on status information

gathered in 1986. Category 3C taxa are those that do not presently

qualify for the Act's protection due to absence of significant threats.

The Puerto Rican broad-winged hawk was retained in category 2 for the

1989 notice of review and for the subsequent notice published November

21, 1991 (56 FR 58804).

Status surveys conducted in 1991 and 1992 indicated that both

species have experienced recent population declines, exist in low

numbers, have restricted distribution and currently face significant

threats. Based on this information, the Service recently that elevated

both hawks to category 1 and is now proposing them for endangered

status. The current proposed rule represents the final finding on the

petitioned action for the Puerto Rican broad-winged hawk.

Summary of Factors Affecting the Species

lines, exist in low

numbers, have restricted distribution and currently face significant

threats. Based on this information, the Service recently that elevated

both hawks to category 1 and is now proposing them for endangered

status. The current proposed rule represents the final finding on the

petitioned action for the Puerto Rican broad-winged hawk.

Summary of Factors Affecting the Species

Section 4(a)(1) of the Endangered Species Act and regulations (50

CFR Part 424) promulgated to implement the listing provisions of the

Act set forth the procedures for adding species to the Federal Lists. A

species may be determined to be an endangered or threatened species due

to one or more of the five factors described in Section 4(a)(1). These

factors and their application to the Puerto Rican broad-winged hawk

(Buteo platypterus brunnescens) and the Puerto Rican sharp-shinned hawk

(Accipiter striatus venator) are as follows:

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

of Its Habitat or Range

The Puerto Rican broad-winged hawk and the Puerto Rican sharp-

shinned hawk are uncommon and extremely local residents. Extant

populations of the broad-winged hawk and the sharp-shinned hawk are

restricted to three and five montane forests, respectively. The

destruction and modification of forested habitats in Puerto Rico may be

one of the most significant factors affecting the numbers and

distribution of these hawk species. The patchy distribution of both

species may have resulted from the fragmentation of forested habitats.

During the first half of the 20th century, forested areas were

drastically reduced for intensive agricultural uses. Only small areas

of the montane forests remained. In the last half of this century early

secondary forests have developed in areas that are no longer under

intensive cultivation, and these secondary forests connect patches of

more mature forests that were previously isolated

s.

During the first half of the 20th century, forested areas were

drastically reduced for intensive agricultural uses. Only small areas

of the montane forests remained. In the last half of this century early

secondary forests have developed in areas that are no longer under

intensive cultivation, and these secondary forests connect patches of

more mature forests that were previously isolated. Nevertheless, both

hawk species are restricted to the mature montane forests and have not

been observed in these secondary forests (Delannoy, pers. comm.). Both

species were searched for, but not sighted, in other upland forested

habitats in central parts of Puerto Rico.

Extant populations of these species occur in low numbers. The total

population estimate of 124 broad-winged hawks island-wide is very low.

Broad-winged hawks have experienced a local population decline of

approximately 50 percent in the Caribbean National Forest (Delannoy

1992). Total population numbers are significantly low in both the

Carite and Rio Abajo forests. The sharp-shinned hawk has experienced a

60 percent decline in the Carite forest and 93 percent decline in the

Caribbean National Forest (Delannoy 1992).

Timber harvest and management practices that would result in a

reduction in numbers or in the diminishing of habitat quality of

species already limited in their abundance and distribution could be

detrimental. Cruz and Delannoy (1986) found that 50 percent of the

nesting areas in the Maricao forest were in plantations of maria

(Calophyllum brasiliense). They established that timber harvest and

management practices could have negative effects on sharp-shinned hawks

if vegetation structural features such as high stem density and canopy

closure were not maintained. Adequate nest site habitat in the Maricao

forest was considered to be in limited supply

e

nesting areas in the Maricao forest were in plantations of maria

(Calophyllum brasiliense). They established that timber harvest and

management practices could have negative effects on sharp-shinned hawks

if vegetation structural features such as high stem density and canopy

closure were not maintained. Adequate nest site habitat in the Maricao

forest was considered to be in limited supply. Any activities that

modify required structural features of vegetation in sharp-shinned hawk

nesting areas could result in the reduction of the effective population

size. Sharp-shinned hawks showed a strong nest site tenacity and

returned year after year to the same nesting areas (Cruz and Delannoy

1986).

Road construction in the forests (related to timber programs and/or

recreational activities) could result in substantial habitat alteration

and fragmentation. Also, roads could provide a chronic source of human

disturbance, reducing habitat effectiveness for species with a strong

need for isolation. Roads could increase animal harvest and the

introduction of exotic fauna. Road construction and/or road repair have

been proposed in the Caribbean National Forest. In the Rio Abajo

forest, the construction of highway P.R. 10 from Arecibo to Ponce,

which has been under way for several years, could affect the broad-

winged hawk population. Delannoy (1992) documented, from the P.R.

Highway and Transportation Authority files, that approximately 2.5

kilometers of the P.R. 10 will enter and cut through forest land in the

northeastern corner, where high densities of broad-winged hawks were

detected. Bulldozer activities were reported less than 500 meters from

lookout sites in the forest. He estimated that approximately 3.79

hectares of apparently prime broad-winged hawk habitat will be

destroyed by the road.

Construction of recreational facilities has been proposed for the

western and northern sides of the Caribbean National Forest, areas

where both species occur

d hawks were

detected. Bulldozer activities were reported less than 500 meters from

lookout sites in the forest. He estimated that approximately 3.79

hectares of apparently prime broad-winged hawk habitat will be

destroyed by the road.

Construction of recreational facilities has been proposed for the

western and northern sides of the Caribbean National Forest, areas

where both species occur. Such recreation facilities could potentially

eliminate habitat or bring human activities too close to preferred

nesting areas. Raptors are particularly sensitive to disturbance near

their nesting territories. In the Carite forest increasing pressure for

new recreation facilities has been identified (Delannoy 1992). In the

Maricao forest, Cruz and Delannoy (1986) found that nest failures

related to direct human harassment ranked third in importance among all

causes. Five nesting areas in Maricao forest are in, or less than 100

meters from, the camping and picnic areas. Some of the traditional

nesting areas for the Puerto Rican sharp-shinned hawk in the Toro Negro

forest lie near recreation facilities (Cruz and Delannoy 1986).

Increased pressure for recreation from a growing human population could

bring about frequent and regular human disturbance near nest sites.

Increased pressure for new right-of-way access to farms through the

Carite forest land, and the establishment of new communication

facilities, could also destroy prime habitat or bring human activities

too close to broad-winged hawks. Delannoy (1992) documented that

destruction of substantial caimitillo-granadillo habitat occurred in

the right-of-way access through Camino El Seis in the north-central

part of the Carite forest. This author also reported the establishment

of new communication facilities along an access road through sector

Farallon in the northwestern part of the forest where the highest

broad-winged hawk densities have been reported

that

destruction of substantial caimitillo-granadillo habitat occurred in

the right-of-way access through Camino El Seis in the north-central

part of the Carite forest. This author also reported the establishment

of new communication facilities along an access road through sector

Farallon in the northwestern part of the forest where the highest

broad-winged hawk densities have been reported.

In the Maricao forest, the Puerto Rico Energy Power Authority has a

power substation located in the lower montane wet forest life zone, the

center of sharp-shinned hawk nesting habitat. Many kilometers of aerial

power lines run through forest lands. The access road for the

substation is located adjacent to sharp-shinned hawk habitat in the

subtropical wet forest life zone (Delannoy 1992). The construction of

this access road resulted in the destruction of approximately 2.6

hectares of sharp-shinned hawk habitat (Delannoy 1992). The

construction of new communication infrastructure or the enlargement of

the existing infrastructure could potentially eliminate important

sharp-shinned hawk habitat.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

Taking for these purposes has not been a documented factor in the

decline of these species. Nevertheless, the size and the appearance of

these birds make them a potentially attractive target for some hunters.

C. Disease or Predation

The mortality of sharp-shinned hawk nestlings due to parasitism by

the warble fly Philornis spp. has been documented. Studies conducted in

Maricao forest attributed 61 percent of nestling mortality to Philornis

parasitism (Cruz and Delannoy 1986).

D. The Inadequacy of Existing Regulatory Mechanism

hese birds make them a potentially attractive target for some hunters.

C. Disease or Predation

The mortality of sharp-shinned hawk nestlings due to parasitism by

the warble fly Philornis spp. has been documented. Studies conducted in

Maricao forest attributed 61 percent of nestling mortality to Philornis

parasitism (Cruz and Delannoy 1986).

D. The Inadequacy of Existing Regulatory Mechanism

The Puerto Rican sharp-shinned hawk was designated by the

Commonwealth Department of Natural Resources as a threatened species in

1985. Existing Commonwealth regulations for the protection of

threatened and endangered species have not been effective at preventing

habitat destruction or alteration. The Puerto Rican broad-winged hawk

is not protected by Commonwealth regulations.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

One of the most important factors affecting these species in Puerto

Rico is their limited distribution and low numbers. The Puerto Rican

broad-winged hawk experienced a local population decline of

approximately 50 percent in the Caribbean National Forest (from 50

individuals in 1984 to 22 in 1992). The Puerto Rican sharp-shinned hawk

experienced a 40 percent population decline in a period of 7 years

(from 250 individuals in 1985 to 150 in 1992). Locally, the Carite

population experienced a 60 percent decline, and the Caribbean National

Forest population a 93 percent decline. Decline of both species has

been attributed to possible direct and indirect effects from hurricane

Hugo in 1989.

The extensive devastation from hurricanes may be particularly

detrimental to species with small population size and long generation

time, such as the broad-winged hawk and sharp-shinned hawk.

Additionally, there may also be a long-term reduction in effective

population size if the hawks prove to require habitat characteristics

not presently available in the storm-damaged forest

Hugo in 1989.

The extensive devastation from hurricanes may be particularly

detrimental to species with small population size and long generation

time, such as the broad-winged hawk and sharp-shinned hawk.

Additionally, there may also be a long-term reduction in effective

population size if the hawks prove to require habitat characteristics

not presently available in the storm-damaged forest.

The lack of comprehensive management plans for the Commonwealth

forests could be considered a serious threat for these species. In

absence of such plans, policy makers and managers lack basic

information on which to base decisions related to the best use and

management of forest resources.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by these two species in determining to propose

this rule. Based on this evaluation, the preferred action is to list

the Puerto Rican broad-winged hawk and the Puerto Rican sharp-shinned

hawk as endangered.

The Puerto Rican broad-winged hawk populations are extremely small

and limited to only three montane forests. Significant adverse effects

to this species or its habitat could drive it to extinction. The

potential for illegal shooting, increased human disturbance and the

loss of prime habitat in the forests constitute serious threats to the

continued survival of the species. The Puerto Rican sharp-shinned hawk

has experienced a 40 percent decline in a period of 7 years. The

potential for alteration of the species' habitat, human disturbance,

illegal shooting, and nestling parasitism by warble flies constitute

serious threats to the continued survival of the species. A decision to

determine only threatened status would not adequately reflect the

evident rarity and threats confronting these species. A decision to

take no action would exclude these species from benefits provided by

the Endangered Species Act. Endangered status is therefore appropriate.

d nestling parasitism by warble flies constitute

serious threats to the continued survival of the species. A decision to

determine only threatened status would not adequately reflect the

evident rarity and threats confronting these species. A decision to

take no action would exclude these species from benefits provided by

the Endangered Species Act. Endangered status is therefore appropriate.

Critical Habitat

Section 4(a)(3) of the Act, as amended, requires that, to the

maximum extent prudent and determinable, the Secretary propose critical

habitat at the time a species is proposed to be endangered or

threatened. The Service's regulations (50 CFR 424.12(a)(1)) state that

designation of critical habitat is not prudent when one or both of the

following situations exist: (1) The species is threatened by taking or

other activity and the identification of critical habitat can be

expected to increase the degree of threat to the species or (2) such

designation of critical habitat would not be beneficial to the species.

The Service finds that, in the case of the latter situation,

designation of critical habitat is not prudent for these species due to

lack of benefit.

Section 7(a)(2) and regulations codified at 50 CFR part 402 require

Federal agencies to ensure, in consultation with and with the

assistance of the Service, that activities they authorize, fund, or

carry out are not likely to jeopardize the continued existence of

listed species or destroy or adversely modify their critical habitat,

if designated. (See ``Available Conservation Measures'' section for a

further discussion of Section 7.) As part of the development of this

proposed rule, the U.S. Forest Service and the Puerto Rico Department

of Natural Resources (DNR) were provided available information on the

distribution and threats to the two hawks

of

listed species or destroy or adversely modify their critical habitat,

if designated. (See ``Available Conservation Measures'' section for a

further discussion of Section 7.) As part of the development of this

proposed rule, the U.S. Forest Service and the Puerto Rico Department

of Natural Resources (DNR) were provided available information on the

distribution and threats to the two hawks. Should any future projects

be proposed in areas inhabited by these hawks, the two agencies will

already have the information needed to determine if the species may be

impacted by the proposed action.

Regulations promulgated for implementing Section 7 provide for both

a jeopardy standard, based on listing alone, and for a destruction or

adverse modification standard, in cases where critical habitat has been

designated. The Puerto Rican broad-winged and sharp-shinned hawks

occupy restricted areas within the borders of the Caribbean National

Forest and several Commonwealth forests. Any significant adverse

modification or destruction of their habitat would likely jeopardize

their continued existence. Under these conditions, the standards for

jeopardy and adverse modification are essentially equivalent.

Therefore, no additional protection for the species would accrue from

critical habitat designation that would not also accrue from listing

these species. Once listed, the Service believes that protection of

their habitat can be accomplished through the Section 7 jeopardy

standard, and through Section 9 prohibitions against take. It is more

likely, however, that any federally related actions of concern will

receive early review and any problems will be resolved informally.

Available Conservation Measures

also accrue from listing

these species. Once listed, the Service believes that protection of

their habitat can be accomplished through the Section 7 jeopardy

standard, and through Section 9 prohibitions against take. It is more

likely, however, that any federally related actions of concern will

receive early review and any problems will be resolved informally.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Endangered Species Act include recognition,

recovery actions, requirements for Federal protection, and prohibitions

against certain practices. Recognition through listing encourages and

results in conservation actions by Federal, Commonwealth, and private

agencies, groups, and individuals. The Endangered Species Act provides

for possible land acquisition and cooperation with the Commonwealth,

and requires that recovery actions be carried out for all listed

species. Such actions are initiated by the Service following listing.

The protection required of Federal agencies and the prohibitions

against taking are discussed, in part, below.

Section 7(a) of the Act, as amended, requires Federal agencies to

evaluate their actions with respect to any species that is proposed or

listed as endangered or threatened and with respect to its critical

habitat, if any is being designated. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

part 402. Section 7(a)(4) requires Federal agencies to confer

informally with the Service on any action that is likely to jeopardize

the continued existence of a proposed species or result in destruction

or adverse modification of proposed critical habitat. If a species is

subsequently listed, section 7(a)(2) requires Federal agencies to

ensure that activities they authorize, fund, or carry out are not

likely to jeopardize the continued existence of such a species or to

destroy or adversely modify its critical habitat

ize

the continued existence of a proposed species or result in destruction

or adverse modification of proposed critical habitat. If a species is

subsequently listed, section 7(a)(2) requires Federal agencies to

ensure that activities they authorize, fund, or carry out are not

likely to jeopardize the continued existence of such a species or to

destroy or adversely modify its critical habitat. If a Federal action

may adversely affect a listed species or its critical habitat, the

responsible Federal agency must enter into formal consultation with the

Service.

In the case of the two hawks, Federal involvement relates to

activities to be conducted or permitted by the U.S. Forest Service in

the Caribbean National Forest, or by other Federal agencies in

Commonwealth forests. Federal funds or permits could be involved in the

construction, maintenance or enlargement of facilities such as power

substations, communication towers, and roads and trails in Commonwealth

forests. Federal funds could be utilized by the Department of Resources

in the management of Commonwealth forests.

The Act and implementing regulations found at 50 CFR 17.21 set

forth a series of general prohibitions and exceptions that apply to all

endangered wildlife. These prohibitions, in part, make it illegal for

any person subject to the jurisdiction of the United States to take

(includes harass, harm, pursue, hunt, shoot, wound, hill, trap, or

collect; or to attempt any of these), import or export, ship in

interstate commerce in the course of commercial activity, or sell or

offer it for sale in interstate or foreign commerce any listed species.

It also is illegal to possess, sell, deliver, carry, transport, or ship

any such wildlife that has been taken illegally. Certain exceptions

apply to agents of the Service and Commonwealth conservation agencies.

Permits may be issued to carry out otherwise prohibited activities

involving endangered wildlife species under certain circumstances

interstate or foreign commerce any listed species.

It also is illegal to possess, sell, deliver, carry, transport, or ship

any such wildlife that has been taken illegally. Certain exceptions

apply to agents of the Service and Commonwealth conservation agencies.

Permits may be issued to carry out otherwise prohibited activities

involving endangered wildlife species under certain circumstances.

Regulations governing permits are at 50 CFR 17.22 and 17.23. Such

permits are available for scientific purposes, to enhance the

propagation or survival of the species, and/or for incidental take in

connection with otherwise lawful activities.

Public Comments Solicited

The Service intends that any final action resulting from this

proposal will be as accurate and as effective as possible. Therefore,

any comments or suggestions from the public, other concerned

governmental agencies, the scientific community, industry, or any other

interested party concerning any aspect of this proposed rule are hereby

solicited. Comments particularly are sought concerning:

(1) Biological, commercial trade, or other relevant data concerning

any threat (or lack thereof) to the Puerto Rican broad-winged hawk and

the Puerto Rican sharp-shinned hawk;

(2) The location of any additional populations of these two

species, and the reasons why any habitat should or should not be

determined to be critical habitat as provided by section 4 of the Act;

(3) Additional information concerning the range and distribution of

these species; and

ng

any threat (or lack thereof) to the Puerto Rican broad-winged hawk and

the Puerto Rican sharp-shinned hawk;

(2) The location of any additional populations of these two

species, and the reasons why any habitat should or should not be

determined to be critical habitat as provided by section 4 of the Act;

(3) Additional information concerning the range and distribution of

these species; and

(4) Current or planned activities in the subject areas and their

possible impacts on any of these two species.

Final promulgation of a regulation on the Puerto Rican broad-winged

hawk and the Puerto Rican sharp-shinned hawk will take into

consideration the comments and any additional information received by

the Service, and such communications may lead to a final regulation

that differs from this proposal.

The Endangered Species Act provides for a public hearing on this

proposal, if requested. Requests must be received within 45 days of the

date of publication of the proposal. Such requests must be made in

writing and addressed to the Field Supervisor, U.S. Fish and Wildlife

Service, Caribbean Field Office, P.O. Box 491, Boqueron, Puerto Rico

00622.

National Environmental Policy Act

The Fish and Wildlife Service has determined that an Environmental

Assessment, as defined under the authority of the National

Environmental Policy Act of 1969, need not be prepared in connection

with regulations adopted pursuant to Section 4(a) of the Endangered

Species Act of 1973, as amended. A notice outlining the Service's

reasons for this determination was published in the Federal Register on

October 25, 1983 (48 FR 49244).

References Cited

ironmental

Assessment, as defined under the authority of the National

Environmental Policy Act of 1969, need not be prepared in connection

with regulations adopted pursuant to Section 4(a) of the Endangered

Species Act of 1973, as amended. A notice outlining the Service's

reasons for this determination was published in the Federal Register on

October 25, 1983 (48 FR 49244).

References Cited

Bowdish, B.S. 1902. Birds of Porto Rico. The Auk 19: 356-366; The

Auk 20: 10-23.

Cruz, A., and C.A. Delannoy. 1986. Status, breeding biology and

conservation needs of the Puerto Rican sharp-shinned hawk, Accipiter

striatus venator. Final report submitted to the U.S. Fish and

Wildlife Service as specified in work contract no. 14-16-0004-82-

031.

Danforth, S.T. 1931. Puerto Rican Ornithological Records. J. of

Agriculture of the University of Puerto Rico 15: 33-106.

Danforth, S.T., and J.A. Smyth. 1935. The Puerto Rican forms of the

broad-winged hawk. J. of Agriculture of the University of Puerto

Rico 19:485-486.

Danforth, S.T. 1936. Los Pajaros de Puerto Rico. Rand McNally and

Co., New York, U.S.A.

Delannoy, C.A. 1991. Status surveys of the Puerto Rican sharp-

shinned hawk (Accipiter striatus venator) and Puerto Rican broad-

winged hawk (Buteo platypterus brunnescens). First progress report

submitted to the U.S. Fish and Wildlife Service as specified in work

contract no. 14-16-0004-91-031.

Delannoy, C.A. 1992. Status surveys of the Puerto Rican sharp-

shinned hawk (Accipiter striatus venator) and Puerto Rican broad-

winged hawk (Buteo platypterus brunnescens). Final report submitted

to the U.S. Fish and Wildlife Service as specified in work contract

no. 14-16-0004-91-031.

Gundlach, J. 1878. Apuntes para la fauna Puerto-Riquena. Aves.

Anales de la Sociedad Espanola de Historia Natural de Madrid 7:141-

422.

Hernandez, E. 1980. Estudio de aves, reptiles y anfibios en la

reserva forestal de Carite. Informe presentado como requisito del

curso Ciencias Naturales 306, Programa de Mantenimiento Ambiental

life Service as specified in work contract

no. 14-16-0004-91-031.

Gundlach, J. 1878. Apuntes para la fauna Puerto-Riquena. Aves.

Anales de la Sociedad Espanola de Historia Natural de Madrid 7:141-

422.

Hernandez, E. 1980. Estudio de aves, reptiles y anfibios en la

reserva forestal de Carite. Informe presentado como requisito del

curso Ciencias Naturales 306, Programa de Mantenimiento Ambiental.

Facultad de Ciencias Naturales, Universidad de Puerto Rico, Recinto

de Rio Piedras, Rio Piedras, Puerto Rico.

Leopold, N. 1963. Checklist of birds of Puerto Rico and the Virgin

Islands. Univ. of Puerto Rico Agric. Exp. Sta. Bull. 168.

Perez-Rivera, R. and R. Cotte-Santana. 1977. Algunas notas sobre los

falconiformes residentes en Puerto Rico. Science-Ciencia 4:89-95.

Raffaele, H.A. 1989. A guide of the Birds of Puerto Rico and the

Virgin Islands. Princeton University Press, New Jersey.

Santana, E. and S. Temple. 1984. Management recommendations for the

Puerto Rican parrot and red-tail hawk in Luquillo Experimental

Forest. Final Report to the U.S. Forest Service under Cooperative

Agreement Contract No. 19-80-393.

Snyder, N.F., J.W. Wiley and C.B. Kepler. 1987. The parrots of

Luquillo: Natural history and conservation of the Puerto Rican

parrot. Western Foundation of Vertebrate Zoology, Los Angeles,

California.

Stahl, Agustin. 1883. Fauna de Puerto Rico. Aves. Clasificacion

Sistematica de los Animales que Corresponden a esta Fauna y Catalogo

del Gabinete del Dr. Agustin Stahl en Bayamon, Puerto Rico. Imprenta

del Boletin Mercantil.

Wattel, J. 1973. Geographical differentiation in the genus

Accipiter. Nuttall Ornithol.Club.Publ. 13.

Wetmore, A. 1914. A new Accipiter from Puerto Rico with notes on the

allied forms of Cuba and Sto. Domingo. Proc. Biol. Soc. Wash.

27:119-122.

Wetmore, A. 1922. Bird remains from the caves of Porto Rico. Bull.

Amer. Mus. Nat. Hist. 46:297-333.

Wetmore, A. 1927. The Birds of Porto Rico and the Virgin Islands.

Scientific Survey of Puerto Rico and the Virgin Islands. Vol. IX

nithol.Club.Publ. 13.

Wetmore, A. 1914. A new Accipiter from Puerto Rico with notes on the

allied forms of Cuba and Sto. Domingo. Proc. Biol. Soc. Wash.

27:119-122.

Wetmore, A. 1922. Bird remains from the caves of Porto Rico. Bull.

Amer. Mus. Nat. Hist. 46:297-333.

Wetmore, A. 1927. The Birds of Porto Rico and the Virgin Islands.

Scientific Survey of Puerto Rico and the Virgin Islands. Vol. IX.

New York Academy of Sciences, New York, U.S.A.

Wiley, J.W., and G.P. Bauer. 1985. Caribbean National Forest, Puerto

Rico. American Birds 39:12-18.

Author

The primary author of this proposed rule is Ms. Marelisa Rivera,

Caribbean Field Office, U.S. Fish and Wildlife Service, P.O. Box 491,

Boqueron, Puerto Rico 00622 (809/851-7297).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Proposed Regulations Promulgation

Accordingly, it is hereby proposed to amend part 17, subchapter B

of chapter I, title 50 of the Code of Federal Regulations, as set forth

below:

Part 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625. Stat. 3500; unless otherwise noted.

2. Sec. 17.12(h) is amended by adding the following, in

alphabetical order, under BIRDS, to the List of Endangered and

Threatened Wildlife to read as follows:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

itation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625. Stat. 3500; unless otherwise noted.

2. Sec. 17.12(h) is amended by adding the following, in

alphabetical order, under BIRDS, to the List of Endangered and

Threatened Wildlife to read as follows:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Species Vertebrate population

----------------------------------------------- Historic range where endangered or Status When Critical Special

Common name Scientific name threatened listed habitat rules

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *

Birds

* * * * * * *

Hawk, Puerto Rican Buteo platypterus U.S.A. (PR)........... Entire................ E.................... ........ NA......... NA

broad-winged. brunnescens.

Hawk, Puerto Rican Accipiter striatus U.S.A. (PR)........... Entire................ E.................... ........ NA......... NA

sharp-shinned. venator.

* * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: December 2, 1993

Richard N. Smith,

Acting Director, Fish and Wildlife Service.

[FR Doc. 93-32052 Filed 12-30-93; 8:45 am]

BILLING CODE 4310-55-P