Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Brother's Island Tuatara

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD06

Endangered and Threatened Wildlife and Plants; Proposed

Endangered Status for Brother's Island Tuatara

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Service proposes to determine endangered status for the

Brother's Island tuatara (Sphenodon guntheri), a reptile of New

Zealand. Although already legally covered by an endangered

classification, this species previously was considered part of the

related and more widespread tuatara, Sphenodon punctatus. Both species

are threatened by various factors, especially predation from introduced

rats. This proposal, if made final, would continue the protection of

the Endangered Species Act of 1973, as amended (Act), for the Brother's

Island tuatara.

DATES: Comments on the proposed rule must be submitted by April 26,

1995. Public hearing requests must be received by March 13, 1995.

ADDRESSES: Comments, information, and questions should be submitted to

the Chief, Office of Scientific Authority; Mail Stop: Room 725,

Arlington Square; U.S. Fish and Wildlife Service; Washington, D.C.

20240 (FAX number 703-358-2276). Express and messenger-delivered mail

should be addressed to the Office of Scientific Authority; Room 750,

4401 North Fairfax Drive; Arlington, Virginia 22203. Comments and

materials received will be available for public

inspection, by appointment, from 8:00 a.m. to 4:00 p.m., Monday through

Friday, at the Arlington, Virginia address.

FOR FURTHER INFORMATION CONTACT: Dr. Charles W. Dane, Chief, Office of

Scientific Authority, at the above address (phone 703-358-1708).

SUPPLEMENTARY INFORMATION

Background

h Fairfax Drive; Arlington, Virginia 22203. Comments and

materials received will be available for public

inspection, by appointment, from 8:00 a.m. to 4:00 p.m., Monday through

Friday, at the Arlington, Virginia address.

FOR FURTHER INFORMATION CONTACT: Dr. Charles W. Dane, Chief, Office of

Scientific Authority, at the above address (phone 703-358-1708).

SUPPLEMENTARY INFORMATION

Background

Tuataras are a unique group of lizardlike reptiles now restricted

to New Zealand and represented by the single genus Sphenodon. Because

of excessive human hunting and predation by introduced animals,

especially rats, tuataras are now found only on various small islands

off the coast of the two main islands of New Zealand. For many years,

the prevailing view among zoologists was that the living tuataras

represented only the single species Sphenodon punctatus, and that was

the only species on the U.S. List of Endangered and Threatened Wildlife

(June 2, 1970; 35 FR 8495).

A recent paper (Daugherty, C.H., A. Cree, J.M. Hay, and M.B.

Thompson, 1990, ``Neglected taxonomy and continuing extinctions of

tuatara,'' Nature: 347:177-179) pointed out that, based on a

morphological and genetic analysis, a second species, S. guntheri,

survived on North Brother Island in Cook Strait. S. guntheri actually

had been first described in 1877, but over time had come to be regarded

as just a component of S. punctatus. The population of tuatara on North

Brother Island was known at the time that S. punctatus was listed as

endangered pursuant to the Act and was considered to be a population of

S. punctatus. The recognition of S. guntheri as a distinct species may

provide it with increased conservation attention, thereby helping to

ensure its continued survival on the one small island from which it is

known.

The above technical paper explaining the status of S. guntheri was

only recently brought to the attention of the U.S. Fish and Wildlife

Service (Service) through the kindness of Ms. Cheri L

The recognition of S. guntheri as a distinct species may

provide it with increased conservation attention, thereby helping to

ensure its continued survival on the one small island from which it is

known.

The above technical paper explaining the status of S. guntheri was

only recently brought to the attention of the U.S. Fish and Wildlife

Service (Service) through the kindness of Ms. Cheri L. Hosley of

Brownstown, Michigan. Subsequently, the Service contacted several

authorities, who supported recognition of S. guntheri as a distinct

species, and also the Government of New Zealand, which responded

favorably. Finally, the World Conservation Union's 1994 IUCN Red List

of Threatened Animals designates S. guntheri as a full species and as

endangered.

The above information has persuaded the Service of the need to

distinguish S. guntheri as a separate species on the List of Endangered

and Threatened Wildlife, and to classify it there as endangered,

together with the species S. punctatus. It is emphasized that the

reptiles included within S. guntheri are already legally covered by an

endangered species classification and will remain so until a final

decision on this proposal. This proposal does not impact or otherwise

change the legal status of either species and does not affect the kinds

of activities that are permitted or prohibited.

Summary of Factors Affecting the Species

Section 4(a)(1) of the Endangered Species Act (16 U.S.C. 1531 et

seq.) 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

endangered or threatened due to one or more of the following five

factors described in Section 4(a)(1). These factors and their

application to the Brother's Island tuatara (Sphenodon guntheri) are as

follows (information from Daugherty et al. 1990, as indicated above):

A

provisions of the Act set forth the procedures for adding

species to the Federal Lists. A species may be determined to be

endangered or threatened due to one or more of the following five

factors described in Section 4(a)(1). These factors and their

application to the Brother's Island tuatara (Sphenodon guntheri) are as

follows (information from Daugherty et al. 1990, as indicated above):

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. Sphenodon guntheri is known only

from North Brother Island in Cook Strait, New Zealand. The island has

an area of only about 10 acres (4 hectares), and the tuatara population

is restricted to only about 4.2 acres (1.7 hectares) of scrub habitat

on top of the island. The population consists of fewer than 300 adults.

Introduced rats, rabbits, goats, and other animals have damaged

habitat of other tuatara populations and could potentially do the same

on North Brother Island if S. guntheri is not recognized as needing

special conservation attention.

B. Overutilization for commercial, recreational, scientific, or

educational purposes. Not currently known to be a problem. However,

automation of the island lighthouse in 1990 led to departure of the

resident keepers who had deterred illegal landings and poaching for 123

years. The very small tuatara population could thus be vulnerable to

human hunting and harassment.

C. Disease or predation. Predation by introduced rats, dogs, cats,

and pigs have been a severe problems for other tuatara populations.

Deliberate or accidental introduction of even a few such animals on

North Brother Island could be disastrous for the tiny tuatara

population there. Departure of the lighthouse keepers and failure to

recognize S. guntheri as a unique species warranting special

conservation attention could open the way for such a disaster.

D. The inadequacy of existing regulatory mechanisms

uatara populations.

Deliberate or accidental introduction of even a few such animals on

North Brother Island could be disastrous for the tiny tuatara

population there. Departure of the lighthouse keepers and failure to

recognize S. guntheri as a unique species warranting special

conservation attention could open the way for such a disaster.

D. The inadequacy of existing regulatory mechanisms. Although all

tuataras have long received complete legal protection, there has been

no recognition of separate and highly restricted species or subspecies,

such as S. guntheri, that might require special protection and

management in order to survive. The departure of the lighthouse keepers

from North Brother Island in 1990 has made S. guntheri especially

vulnerable in this regard.

E. Other natural or manmade factors affecting its continued

existence. Small and restricted animal populations, especially if

adversely affected through human agency, are highly susceptible to

natural disasters and to reduction of genetic viability.

The decision to propose endangered status for the Brother's Island

tuatara was based on an assessment of the best available scientific

information, and of past, present, and probable future threats to this

species. It occurs in very small numbers in a highly restricted range

and is vulnerable to a variety of problems. If this reptile is not

given appropriate recognition and protection, extinction will become

more likely. Critical habitat is not being proposed, as such

designation is not applicable to foreign species.

Available Conservation Measures

present, and probable future threats to this

species. It occurs in very small numbers in a highly restricted range

and is vulnerable to a variety of problems. If this reptile is not

given appropriate recognition and protection, extinction will become

more likely. Critical habitat is not being proposed, as such

designation is not applicable to foreign species.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened pursuant to the Act include recognition, requirements for

Federal protection, and prohibitions against certain practices.

Recognition through listing encourages conservation measures by

Federal, international, and private agencies, groups, and individuals.

Section 7(a) of the Act, as amended, and as implemented by

regulations at 50 CFR Part 402, requires Federal agencies to evaluate

their actions that are to be conducted within the United States or on

the high seas, with respect to any species that is proposed or listed

as endangered or threatened and with respect to its proposed or

designated critical habitat (if any). 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 a listed

species or to destroy or adversely modify its critical habitat. If a

proposed Federal action may affect a listed species, the responsible

Federal agency must enter into formal consultation with

the Service. No such activities are currently known with respect to the

species covered by this rule.

Section 8(a) of the Act authorizes the provision of limited

financial assistance for the development and management of programs

that the Secretary of the Interior determines to be necessary or useful

for the conservation of endangered species in foreign countries

nto formal consultation with

the Service. No such activities are currently known with respect to the

species covered by this rule.

Section 8(a) of the Act authorizes the provision of limited

financial assistance for the development and management of programs

that the Secretary of the Interior determines to be necessary or useful

for the conservation of endangered species in foreign countries.

Sections 8(b) and 8(c) of the Act authorize the Secretary to encourage

conservation programs for foreign endangered species and to provide

assistance for such programs, in the form of personnel and the training

of personnel.

Section 9 of 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, import or export, ship in interstate commerce in the course of

commercial activity, or sell or offer for sale in interstate or foreign

commerce any endangered wildlife. It also is illegal to possess, sell,

deliver, transport, or ship any such wildlife that has been taken in

violation of the Act. Certain exceptions apply to agents of the Service

and State conservation agencies.

Permits may be issued to carry out otherwise prohibited activities

involving endangered wildlife under certain circumstances. Regulations

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

are available for scientific purposes, to enhance propagation or

survival, or for incidental take in connection with otherwise lawful

activities.

Public Comments Solicited

on agencies.

Permits may be issued to carry out otherwise prohibited activities

involving endangered wildlife under certain circumstances. Regulations

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

are available for scientific purposes, to enhance propagation or

survival, or for incidental take in connection with otherwise lawful

activities.

Public Comments Solicited

The Service intends that any final rule adopted will be accurate

and as effective as possible in the conservation of endangered or

threatened species. Therefore, comments and suggestions concerning any

aspect of this proposed rule are hereby solicited from the public,

concerned governmental agencies, the scientific community, industry,

private interests, and other parties. Comments particularly are sought

concerning the following:

(1) biological, commercial, or other relevant data concerning any

threat (or lack thereof) to the subject species;

(2) the location of any additional populations of the subject

species;

(3) additional information concerning the distribution of this

species; and

(4) current or planned activities in the involved areas, and their

possible effect on the subject species.

Final promulgation of the regulations on the subject species will

take into consideration the comments and any additional information

received by the Service, and such communications may lead to a final

decision that differs from this proposal.

The Endangered Species Act provides for a public hearing on this

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

date of publication of the proposal, must be in writing, and should be

directed to the party named in the above ADDRESSES section.

National Environmental Policy Act

Service, and such communications may lead to a final

decision that differs from this proposal.

The Endangered Species Act provides for a public hearing on this

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

date of publication of the proposal, must be in writing, and should be

directed to the party named in the above ADDRESSES section.

National Environmental Policy Act

The 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, as amended. A

notice outlining the Service's reasons for this determination was

published in the Federal Register of October 25, 1983 (48 FR 49244).

Author

The primary author of this proposed rule is Ronald M. Nowak, Office

of Scientific Authority, U.S. Fish and Wildlife Service, Washington,

D.C. 20240 (phone 703-358-1708).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Proposed Regulation Promulgation

Accordingly, the Service hereby proposes 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, 100 Stat. 3500; unless otherwise noted.

2. Amend Sec. 17.11(h) by revising the entry for ``Tuatara'' under

REPTILES to read as follows:

Sec. 17.11 Endangered and threatened wildlife.

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