Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Juglans jamaicensis

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD47

Endangered and Threatened Wildlife and Plants; Proposed

Endangered Status for Juglans jamaicensis

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service (Service) proposes to determine

Juglans jamaicensis (nogal or West Indian walnut) to be an endangered

species pursuant to the Endangered Species Act (Act) of 1973, as

amended. Nogal is known from the islands of Hispaniola, Cuba and Puerto

Rico. In Puerto Rico, this large tree is known from only 14 individuals

at one locality in Adjuntas. The area is located near the Monte

Guilarte Commonwealth Forest but is in private ownership and threatened

by land-clearing for agriculture and rural development. This proposal,

if made final, would implement the Federal protection and recovery

provisions afforded by the Act for Juglans jamaicensis.

DATES: Comments from all interested parties must be received by

November 27, 1995. Public hearing requests must be received by November

13, 1995.

ADDRESSES: Comments and materials concerning this proposal should be

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

Wildlife Service, 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 this office, and at the

Service's Southeast Regional Office, 1875 Century Boulevard, Atlanta,

Georgia 30345.

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

Field Office address (809/851-7297) or Mr. William C. Hunter at the

Southeast Regional Office address (404/679-7130).

SUPPLEMENTARY INFORMATION:

Background

Juglans jamaicensis (nogal or West Indian walnut) was first

described as J. jamaicensis by DeCandolle from a description and

illustration of leaves, staminate catkin and fruit by Descourtilz which

had been published under the name of Juglans fraxinifolia. DeCandolle

mistakenly believed that the tree Descourtilz had illustrated

originated in Jamaica, when in reality no walnut tree has ever been

located in Jamaica. Synonyms which have been applied to the species

include Juglans fraxinifolia Descourtilz, J. cinerea of Bello, J.

insularis Griseb., J. portoricensis Dode, and J. domingensis (Proctor

1992).

Juglans jamaicensis is known from Cuba, Hispaniola and Puerto Rico

but little information is currently available on its status in the

first two countries (Liogier and Martorell 1982). It has been described

by the Center for Plant Conservation (1992) as ``not common'' and by

Proctor (1992) as becoming increasingly rare on these two islands.

Nogal was first collected from Puerto Rico by Augustin Stahl around

1865. This collection was from an area between Penuelas and Adjuntas at

an elevation of approximately 700 meters (2,297 feet). The species was

subsequently collected by the German botanist Paul Sintenis in 1886

from somewhere near Adjuntas (Saltillo) and again in 1887 near Utuado

(Santa Rosa). An additional collection was made by Bartolome Barcela in

1915 from an area near Adjuntas (Little et al. 1974, Proctor 1992).

Little et al. (1974) stated that the species might possibly be extinct.

Juglans jamaicensis was not reported again until 1974 when it was

rediscovered by Roy O. Woodbury from the upper north slopes (an

elevation of 1070 meters (3,510 feet)) of Cerro La Silla de Calderon,

an area located near the southwest corner of the municipality of

Adjuntas. A survey of these trees was made in 1992 by Salvador Alemany

of the U.S. Forest Service. Fourteen individuals were documented during

this survey, the largest of which was more than 20 meters (66 feet) in

height. The species has been reported from montane forests at

elevations between 700 and 1,000 meters (2,297 and 3,281 feet) (Proctor

1992).

Juglans jamaicensis is a large tree which may reach up to 25 meters

(82 feet) in height. Twigs, buds, and leaf-axes have minute rusty

hairs. The leaves are alternate and compound and consist of 16 to 20

mostly paired, nearly stalkless leaflets. Leaflets are 5.5 to 9

centimeters (2.2 to 3.5 inches) long and 2.2 to 4 centimeters (0.9 to

1.6 inches) wide, thin and nearly hairless except on the veins beneath.

Leaflets are lanceolate, finely toothed, long-pointed and rounded, and

unequal at the base. Nogal is monoecious; male and female flowers are

borne in different clusters or catkins on the same tree. Staminate or

male flowers are numerous and in drooping catkins, 8.8 to 11

centimeters (3.5 to 4.3 inches) long, borne on the twigs of the

previous year. Pistillate or female flowers are several along an axis

4.4 to 8.8 centimeters (1.7 to 3.5 inches) long, borne at the ends of

the shoots of the season. Individual male flowers are composed of a 6-

lobed calyx and many stamens. Female flowers are about 0.5 centimeters

(0.2 inches) long, composed of a 4-toothed scale opening at one side

and 4 sepals. The fruit, a drupe, is a walnut which is composed of a

blackish husk, a brown rough-ridged hard shell from 1.6 to 2.75

centimeters (0.6 to 1.1 inches) wide and one large oily edible seed

(Little et al. 1974, Proctor 1992).

Juglans jamaicensis may have been more widespread in Puerto Rico in

the past, but much of the forested areas in the central mountain region

were cut for the planting of coffee. The species, possibly never a

common one, may also have been cut for the use of its valuable wood

(Little et al. 1974). Today it is known from only one locality on

privately-owned land where it is threatened by rural development and

agricultural activity.

Previous Federal Action

Juglans jamaicensis was included among the plants being considered

as endangered or threatened by the Service, as published in the Federal

Register notice of review dated February 21, 1990 (55 FR 6184) and

September 31, 1993 (58 FR 51144). The species was designated as a

category 2 candidate species (species for which the Service has

information which indicates that proposing to list the species is

possibly appropriate but for which sufficient data are not currently

available to support listing) but was subsequently reclassified as a

category 1 candidate species (species for which the Service has

substantial information supporting the appropriateness of proposing to

list them as endangered or threatened). Juglans jamaicensis is

considered a ``critical'' plant species by the Natural Heritage Program

of the Puerto Rico Department of Natural and Environmental Resources.

The Center for Plant Conservation (1992) has assigned the species a

Priority Status of A (a species which could possibly go extinct in the

wild in the next 5 years). This proposed rule constitutes the final 1-

year finding in accordance with section 4(b)(3)(B)(ii) of the Act.

Summary of Factors Affecting the Species

Section 4 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 endangered or threatened due to one or

more of the five factors described in section 4(a)(1). These factors

and their application to Juglans jamaicensis C. DC. are as follows:

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. Juglans jamaicensis is known only

from Cuba, Hispaniola and Puerto Rico. Available information indicates

that it is rare on the first two islands (CPC 1992, Proctor 1992). In

Puerto Rico it is known from only one population consisting of 14

individuals on privately-owned land. Surrounding areas are currently

planted in coffee. The expansion of the coffee plantation threatens

these trees, particularly because the tendency to plant ``sun coffee''

is increasing and in such plantations all shade trees are eliminated.

Located in a rural area, development for housing may threaten the

species as well.

B. Overutilization for commercial, recreational, scientific, or

educational purposes. The wood of the species is reported to be good

quality and highly prized and indeed it is reported to have been cut in

the past for such purposes (Little et al. 1974).

C. Disease or predation. Disease and predation have not been

documented as factors in the decline of this species.

D. The inadequacy of existing regulatory mechanisms. The

Commonwealth of Puerto Rico has adopted a regulation that recognizes

and provides protection for certain Commonwealth listed species.

However, Juglans jamaicensis is not yet on the Commonwealth list.

Federal listing would provide immediate protection and, if this species

is ultimately placed on the Commonwealth list, enhance its protection

and the likelihood for funding needed research.

E. Other natural or manmade factors affecting its continued

existence. One of the most important factors affecting the continued

survival of this species is its limited distribution. Because so few

individuals are known to occur in a limited area, the risk of

extinction is extremely high. Catastrophic natural events, similar to

the passing of Hurricane Hugo in 1989, may dramatically affect forest

species composition and structure, felling large trees and creating

numerous canopy gaps.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by this species in determining to propose this

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

jamaicensis as endangered. The species is known from only one locality

in Puerto Rico. Deforestation for rural and agricultural development

are imminent threats to the survival of the species. Therefore,

endangered rather than threatened status seems an accurate assessment

of the species' condition. The reasons for not proposing critical

habitat for these species are discussed below in the ``Critical

Habitat'' section of this rule.

Critical Habitat

Critical habitat is defined in section 3 of the Act as: (i) The

specific areas within the geographical area occupied by a species, at

the time it is listed in accordance with the Act, on which are found

those physical or biological features (I) essential to the conservation

of the species and (II) that may require special management

considerations or protection and; (ii) specific areas outside the

geographic area occupied by a species at the time it is listed, upon a

determination that such areas are essential for the conservation of the

species. ``Conservation'' means the use of all methods and procedures

needed to bring the species to the point at which listing under the Act

is no longer necessary.

Section 4(a)(3) of the Act, as amended, and implementing

regulations (50 CFR 424.12) require that, to the maximum extent prudent

and determinable, the Secretary designate critical habitat at the time

the species is determined to be endangered or threatened. The Service

finds that designation of critical habitat is not prudent for Juglans

jamaicensis. Service regulations (50 CFR 424.12(a)(1) state that the

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 human activity, and 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 number of individuals of Juglans jamaicensis is small and

vandalism and

collection could seriously affect the survival of the species. The wood

of the species has been described as ``highly prized'' and cutting for

timber has been identified as a factor affecting the species in the

past. Publication of critical habitat descriptions and maps in the

Federal Register would increase the likelihood of such activities. The

Service believes that Federal involvement in the areas where these

plants occur can be identified without the designation of critical

habitat. All involved parties and landowners have been notified of the

location and importance of protecting this species' habitat. Protection

of this species' habitat will also be addressed through the recovery

process and through the section 7 jeopardy standard. The precarious

status of Juglans jamaicensis necessitates identical thresholds for

determining adverse modification of critical habitat and jeopardizing

the continued existence of the species. Therefore, no benefit from

designating critical habitat would occur for this species.

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.

Protection required of Federal agencies and the prohibitions against

certain activities involving listed plants are discussed, in part,

below.

Section 7(a) of the Act, as amended, required 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 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. If a Federal action may affect a

listed species or its critical habitat, the responsible Federal agency

must enter into formal consultation with the Service. No critical

habitat is being proposed for this species, as discussed above. Federal

involvement may be through the use of Federal funding for rural housing

and development (for example, the Farmer's Home Administration or

Housing and Urban Development) or Federal activities or authorizations

(for example, U.S. Forest Service forest management practices on

private lands).

The Act and its implementing regulations set forth a series of

general trade prohibitions and exceptions that apply to all endangered

plants. All prohibitions of section 9(a)(2) of the Act, implemented by

50 CFR 17.61, apply. These prohibitions, in part, make it illegal for

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

or export any endangered plant, transport it in interstate or foreign

commerce in the course of a commercial activity, sell or offer it for

sale in interstate or foreign commerce, or remove and reduce to

possession the species from areas under Federal jurisdiction. In

addition, for plants listed as endangered plants, the Act prohibits the

malicious damage or destruction on areas under Federal jurisdiction and

the removal, cutting, digging up, or damaging or destroying of

endangered plants in knowing violation of any Commonwealth law or

regulation, including Commonwealth criminal trespass law. Certain

exceptions to the prohibitions apply to agents of the Service and

Commonwealth conservation agencies.

The Act and 50 CFR 17.62 and 17.63 also provide for the issuance of

permits to carry out otherwise prohibited activities involving

endangered species under certain circumstances. It is anticipated that

few trade permits for this species will ever be sought or issued, since

the species is not known to be in cultivation and are uncommon in the

wild. Requests for copies of the regulations on plants and inquiries

regarding them may be addressed to the Service's Southeast Regional

Office, 1875 Century Boulevard, Atlanta, Georgia 30345 (404/679-7110).

It is the policy of the Service, published in the Federal Register

on July 1, 1994 (59 FR 34272), to identify to the maximum extent

practicable those activities that would or would not constitute a

violation of section 9 of the Act at the time of listing. The intent of

this policy is to increase public awareness of the effect of listing on

proposed or ongoing activities. The only known population of Juglans

jamaicensis is located on privately-owned land. Since there is no

Federal ownership, and the species is not currently in trade, the only

potential section 9 involvement would relate to removing or damaging

the plant in knowing violation of Commonwealth law, or in knowing

violation of Commonwealth criminal trespass law. Section 15.01(b) of

the Commonwealth ``Regulation to Govern the Management of Threatened

and Endangered Species in the Commonwealth of Puerto Rico'' states:

``It is illegal to take, cut, mutilate, uproot, burn or excavate any

endangered plant species or part thereof within the jurisdiction of the

Commonwealth of Puerto Rico.'' The Service is not aware of otherwise

lawful activities being conducted or proposed by the public that will

be affected by this listing and result in a violation of section 9.

Questions regarding whether specific activities will constitute a

violation of section 9 should be directed to the Field Supervisor of

the Service's Caribbean Field Office (see ADDRESSES section). Requests

for copies of the regulations on listed species and inquiries regarding

prohibitions and permits should be addressed to the U.S. Fish and

Wildlife Service, Ecological Services (TE), 1875 Century Boulevard,

Atlanta, Georgia 30345-3301 (404/679-7096).

Public Comments Solicited

The Service intends that any final action resulting from this

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

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 Juglans jamaicensis;

(2) The location of any additional populations of this 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

this species; and

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

possible impacts on this species.

Final promulgation of the regulation on Juglans jamaicensis will

take into consideration the comments and any additional information

received by the Service, and such communications may lead to adoption

of a final regulation that differs from this proposal.

The Endangered Species Act provides for one or more public hearings

on this proposal, if requested. Requests must be filed within 45 days

of the proposal. Such requests must be made in writing and addressed to

the Field Supervisor, Caribbean Field Office, U.S. Fish and Wildlife

Service, P.O. Box 491, Boqueron, Puerto Rico 00622.

National Environmental Policy Act

The Fish and Wildlife Service has determined that an Environmental

Assessment and Environmental Impact Statements, 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

Center for Plant Conservation. 1992. Report on the Rare Plants of

Puerto Rico. Missouri Botanical Garden, St. Louis, Missouri.

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

Puerto Rico and the Virgin Islands, Volume II. Agriculture Handbook

No. 449. U.S. Department of Agriculture, Forest Service. Washington,

DC. 1024 pp.

Liogier, H.L., and L.F. Martorell. 1982. Flora of Puerto Rico and

Adjacent Islands: a systematic synopsis. Editorial de la Universidad

de Puerto Rico, Rio Piedras, Puerto Rico. 342 pp.

Proctor, G. R. 1992. Status report on Juglans jamaicensis C. DC.

Unpublished report submitted to the U.S. Fish and Wildlife Service.

7 pp.

Author

The primary author of this proposed rule is Ms. Susan Silander,

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

alphabetical order under FLOWERING PLANTS to the list of Endangered and

Threatened Plants:

Sec. 17.12 Endangered and Threatened Plants.

* * * * *

(h) * * *

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Species

-------------------------------------------------- Historic range Family name Status When listed Critical Special

Scientific name Common name habitat rules

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Flowering Plants

* * * * * * *

Juglans jamaicensis..... Nogal or West Indian U.S.A. (PR), Hispaniola Juglandaceae........... E ........... NA NA

walnut.

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Dated: September 6, 1995.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 95-24013 Filed 9-27-95; 8:45 am]

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