# 60 FR 5159: Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Brother's Island Tuatara > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_95-1911 ## Section - **Citation:** 60 FR 5159 - **Heading:** Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Brother's Island Tuatara - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Federal Register / Vol. 60 / 60 FR 5159 ## Text 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. ----------------------------------------------------------------------- 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. * * * * * ## Nearby sections - [60 FR 82 Excise Tax On Self-Dealing By Private Foundations.](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_94-31666.md) - [60 FR 89 Proposed Tolerance Revocation for Folpet; Extension of Comment Period and Request for Additional Information](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_94-32285.md) - [60 FR 2033 Airworthiness Directives; Boeing Model 747 Series Airplanes Equipped With General Electric Model CF6-80C2 Series Engines or Pratt & Whitney Model PW4000 Series Engines](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_95-307.md) - [60 FR 2043 Proposed Modification of Class D Airspace Areas; Detroit, MI, and Alton, IL](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_95-364.md) - [60 FR 2067 Approval and Promulgation of Air Quality Implementation Plans; Maryland; VOC RACT Catch-ups and Stage I Vapor Recovery](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_95-287.md) - [60 FR 2070 Listing Endangered and Threatened Species; Shortnose Sturgeon in the Kennebec River System (Maine)](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_95-275.md) - [60 FR 2364 Anchorage Regulations; Regulated Navigation Areas and Limited Access Areas (CGD 86-079)](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_95-435.md) - [60 FR 2365 Cable Compulsory License: Notice of Inquiry Regarding Merger of Cable Systems and Individual Pricing of Broadcast Signals](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_95-439.md) - [60 FR 2563 Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Placer County Air Pollution Control District (PCAPCD) and San Diego County Air Pollution Control District (SDCAPCD)](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_95-521.md) - [60 FR 2727 Acquisition Regulation; Acquisition and Use of Environmentally Preferable Products and Services](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_95-681.md) - [60 FR 2910 Collection of Debts by Tax Refund Offset](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_95-776.md) - [60 FR 3185 Designation of Lightering Zones](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_95-947.md) - [60 FR 3189 Independent Nail Superfund Site Notice of Intent to Delete; National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_95-826.md) - [60 FR 3585 Airworthiness Directives; Fokker Model F28 Mark 0100 Series Airplanes](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_95-1133.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_95-1911. Check the current official text before relying on it. Not legal advice.