Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for the Plant Cordia Bellonis

DEPARTMENT OF THE INTERIOR

50 CFR Part 17

RIN 1018-AD48

Endangered and Threatened Wildlife and Plants; Proposed

Endangered Status for the Plant Cordia Bellonis

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

Cordia bellonis (no common name) to be endangered pursuant to the

Endangered Species Act (Act) of 1973, as amended. This shrub is endemic

to Puerto Rico and restricted to three public forests: Maricao, Susua,

and Rio Abajo. The species is threatened by habitat loss, some forest

management practices, and restricted distribution. This proposal, if

made final, would implement the Federal protection and recovery

provisions afforded by the Act for Cordia bellonis.

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, at this office during normal business hours, and at the

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

Georgia 30345.

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

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

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

SUPPLEMENTARY INFORMATION:

Background

inspection, by

appointment, at this office during normal business hours, and at the

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

Georgia 30345.

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

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

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

SUPPLEMENTARY INFORMATION:

Background

Cordia bellonis was described by Urban in 1899 from specimens

collected by Paul Sintenis at ``Monte Alegrillo'' in the municipality

of Maricao, Puerto Rico (Urban 1899). The name of ``Monte Alegrillo''

has disappeared from use, but according to Proctor (1991), N.L. Britton

referred to ``Monte Alegrillo'' as the peak at the extreme head of the

Rio Maricao, with an elevation of 900 meters (2,953 feet). This type

location was developed for the installation of telecommunication

towers. Paul Sintenis collected Cordia bellonis in the area known as

Indiera Fria. The species was also collected by Britton and Brown in

1915 from Monte Cerrote near Adjuntas (Proctor 1991). Britton and

Wilson (1925) described the species as

Varronia bellonis and identified its distribution as mountain-sides in

the vicinity of Maricao. Liogier and Martorell (1982) stated that the

species distribution was the mountain slopes and serpentine hills in

northwestern districts of Puerto Rico. Proctor (1991) reported only 4

individuals of Cordia bellonis from Cain Alto Ward in the Maricao

Commonwealth Forest. Breckon and Kolterman (1993) reported 87

individuals at 17 localities in three areas in Maricao. Half of the

localities consist of isolated individuals.

The species was reported for the first time in Susua in 1992, where

a small population of 5 individuals was found (Breckon and Kolterman

1993). Cordia bellonis was also unknown from the Rio Abajo Commonwealth

Forest until 1994 (Federal Highway Administration and Puerto Rico

Highway and Transportation Authority 1994). Approximately 116

individuals were found in 12 localities

axillary,

subglomerate, nearly sessile, and few-flowered. The calyx in bud is

globose-obovoid, 2 millimeters (0.08 inches) long, appressed-

puberulous, and with 4 triangular lobes. The corolla is white with 4

subcylindric lobes. The drupe is ovoid, pointed and 5 millimeters (0.20

inches) in length (Proctor 1991). Flowers are unisexual and the plants

are dioecious (Breckon and Kolterman 1993).

The species is threatened by habitat destruction and modification,

forest management practices, and restricted distribution. Seventy-five

percent of the individuals known from Rio Abajo Commonwealth Forest

were removed from the forest for the construction of a highway. Breckon

and Kolterman (1994) reported that 14 individuals from Maricao appeared

to have been eliminated due to clearing along the roadside of the

forest. Restricted distribution and its dioecious condition would be a

limiting factor for the species. The dioecious condition would require

outcrossing, and would pose a threat to a rare plant species.

Furthermore, in a large number of the localities where the species is

found, the shrub occurred as isolated individuals.

Cordia bellonis was designated a category 2 candidate species

(species for which information in the possession of the Service

indicates that proposing to list as endangered or threatened is

possibly appropriate, but for which sufficient data on biological

vulnerability and threat are not currently available to support

proposed rules) in the Federal Register notice of review for plant taxa

dated September 30, 1993 (58 FR 51144). The species was recommended for

listing by Proctor (1991) in a Status Report prepared for the species.

In further studies conducted for the species, Breckon and Kolterman

te, but for which sufficient data on biological

vulnerability and threat are not currently available to support

proposed rules) in the Federal Register notice of review for plant taxa

dated September 30, 1993 (58 FR 51144). The species was recommended for

listing by Proctor (1991) in a Status Report prepared for the species.

In further studies conducted for the species, Breckon and Kolterman

(1993) also recommended the species for listing. Cordia bellonis is

considered a critical plant by the Natural Heritage Program of the

Puerto Rico Department of Natural and Environmental Resources.

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 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 Cordia bellonis Urban [Varronia

bellonis (Urban) Britton], are as follows:

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. Destruction and modification of

the habitat may be one of the most significant factors affecting the

numbers and distribution of Cordia bellonis. This species is only known

from three areas in Puerto Rico; Maricao, Susua, and Rio Abajo. In

Maricao, the species is found at 17 localities in three areas, for a

total of 87 individuals. Fourteen of these individuals have been

eliminated due to clearing along the roadside. Half of the localities

consist of isolated individuals. The dioecious condition of the species

would be a factor limiting reproduction by these individuals. Because

the majority of these individuals occur along both sides of two public

roads, maintenance of road sides, as well as fires and vandalism, would

result in the loss of these individuals

eliminated due to clearing along the roadside. Half of the localities

consist of isolated individuals. The dioecious condition of the species

would be a factor limiting reproduction by these individuals. Because

the majority of these individuals occur along both sides of two public

roads, maintenance of road sides, as well as fires and vandalism, would

result in the loss of these individuals.

In Susua, a small population of only 5 individuals was found in

1992. The species was previously unknown from this area. This small

population may be affected by forest management practices. Cordia

bellonis was also unknown from the Rio Abajo forest until 1994.

Approximately 116 individuals were found in 12 localities. The

localities, each consisting of no more than a few individuals, were

scattered along a proposed highway. All the individuals along the

proposed route have been removed for possible future transplantation

(87 individuals). An area designated for compensation (mitigation) for

the proposed highway presently supports eight of the remaining 29

individuals from the original population (116 individuals). The species

is also known from a private landholding where extraction of fill

material for the construction of the road will likely result in the

loss of these plants. The rareness and restricted distribution make

this species very vulnerable to habitat destruction and modification.

B. Overutilization for commercial, recreational, scientific, or

educational purposes. Taking for these purposes has not been a

documented factor in the decline of this species.

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 to certain Commonwealth listed species. Cordia

bellonis, however, is not yet on the Commonwealth list

he decline of this species.

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 to certain Commonwealth listed species. Cordia

bellonis, however, is not yet on the Commonwealth list. Federal listing

would provide immediate protection and, if the species is ultimately

placed on the Commonwealth list, enhance its protection and

possibilities for funding needed for research.

E. Other natural or manmade factors affecting its continued

existence. Two significant factors affecting this species are its

limited distribution and dioecious condition. The limited distribution

of this species makes it particularly vulnerable to extinction from

catastrophic events and local land management practices. As a dioecious

plant, Cordia bellonis requires

outcrossing to successfully reproduce. Being dioecious creates a

serious limiting factor affecting the continued existence of this rare

plant since most known individuals are widely separated from each other

and, therefore, unlikely to reproduce.

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 Cordia

bellonis as endangered. The rarity of this plant and the loss of any

individual makes the species ever more vulnerable to extinction. Only

121 individuals of Cordia bellonis are known to occur in the wild.

Cutting and habitat modification may dramatically affect this endemic

plant. Therefore, endangered rather than threatened status seems an

accurate assessment of the species' condition. The reasons for not

proposing critical habitat for this species are discussed in the

``Critical Habitat'' section of this rule.

Critical Habitat

1 individuals of Cordia bellonis are known to occur in the wild.

Cutting and habitat modification may dramatically affect this endemic

plant. Therefore, endangered rather than threatened status seems an

accurate assessment of the species' condition. The reasons for not

proposing critical habitat for this species are discussed 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

geographical 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 Cordia

bellonis. Service 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 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 populations of Cordia bellonis is sufficiently small

and accessible

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 populations of Cordia bellonis is sufficiently small

and accessible. Vandalism and cutting could seriously affect the

survival of the species. 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 Cordia bellonis 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 Act provides for possible land

acquisition and cooperation with the States and requires that recovery

actions be carried out for all listed species. The protection required

of Federal agencies and the prohibitions against certain activities

involving listed plants are discussed, in part, below

in conservation actions by Federal, Commonwealth, and private

agencies, groups, and individuals. The Act provides for possible land

acquisition and cooperation with the States and requires that recovery

actions be carried out for all listed species. The 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, 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 with the

Service on any action that is likely to jeopardize the continued

existence of a species proposed for listing or result in destruction or

adverse modification of proposed critical habitat. If a species is

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

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

likely to jeopardize the continued existence of the species or 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.

The majority of the populations of Cordia bellonis known from

Maricao are found along both sides of roads PR #120 and PR #362. Any

widening of these roads, installation of water and sewer pipelines, and

the installation of powerlines along these roads may adversely affect

the species. These activities could be funded by Federal agencies (for

example, the Federal Highway Administration, U.S. Housing and Urban

Development, or Farmer's Home Administration). Cordia bellonis was

seriously affected by the construction of a highway in the Rio Abajo

Commonwealth Forest

ater and sewer pipelines, and

the installation of powerlines along these roads may adversely affect

the species. These activities could be funded by Federal agencies (for

example, the Federal Highway Administration, U.S. Housing and Urban

Development, or Farmer's Home Administration). Cordia bellonis was

seriously affected by the construction of a highway in the Rio Abajo

Commonwealth Forest. This road was funded by the Federal Highway

Administration and 75 percent of the individuals of Cordia bellonis

were removed from the Forest for possible future transplantation.

The Act and its implementing regulations set forth a series of

general 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, transport in interstate or foreign commerce in the course of

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

commerce, or remove and reduce the species to possession from areas

under Federal jurisdiction. In addition, for plants listed as

endangered, the Act prohibits the malicious damage or destruction on

areas under Federal jurisdiction and the removal, cutting, digging up,

or damaging or destroying of such plants in knowing violation of any

State law or regulation, including State criminal trespass law. Certain

exceptions to the prohibitions apply to agents of the Service and State

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 plants under certain circumstances. Such permits are

available for scientific purposes and to enhance the propagation or

survival of the species. Few trade permits for this plant will ever be

sought or issued, since the species is not known to be in cultivation

and is uncommon in the wild

so provide for the issuance of

permits to carry out otherwise prohibited activities involving

endangered plants under certain circumstances. Such permits are

available for scientific purposes and to enhance the propagation or

survival of the species. Few trade permits for this plant will ever be

sought or issued, since the species is not known to be in cultivation

and is uncommon in the wild. Requests for copies of the regulations on

listed species and inquiries about prohibitions and permits may be

addressed to

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

Georgia 30345.

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

on July 1, 1994 (50 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 populations of Cordia

bellonis are restricted to three Commonwealth forests: Maricao, Susua

and Rio Abajo. 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 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 any

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

n 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 any

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,

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 this species;

(2) The location of any additional populations of this plant

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, distribution and

population size of this species;

commercial trade, or other relevant data concerning

any threat (or lack thereof) to this species;

(2) The location of any additional populations of this plant

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, distribution and

population size of this species;

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

possible impacts on this species.

Final promulgation of a regulation(s) on this species 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 received within 45

days of the date of publication of the proposal in the Federal

Register. Such requests must be made in writing and be 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 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

ntal 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

Breckon, G.J., and D.A. Kolterman. 1993. Cordia bellonis Urban

[Boraginaceae]. Final report under cooperative agreement No. 14-16-

0004-92-970 between U.S. Fish and Wildlife Service and the

University of Puerto Rico, Mayaguez Campus. 14 pp.

Breckon, G.J., and D.A. Kolterman. 1994. Cordia bellonis Urban

[Boraginaceae]. Final report under cooperative agreement No. 14-16-

0004-93-973 between U.S. Fish and Wildlife Service and the

University of Puerto Rico, Mayaguez Campus. 4 pp.

Britton, N.L., and P. Wilson. 1925. Scientific survey of Porto Rico

and the Virgin Islands. Volume VI-Part 1. Botany of Porto Rico and

the Virgin Islands. Descriptive flora-Spermatohyta (continued). New

York Academy of Sciences, New York. 158 pp.

Federal Highway Administration and the Puerto Rico Highway and

Transportation Authority. 1994. Biological Assessment Relocation of

PR-10 Utuado, Puerto Rico. Unpublished Report.

Liogier, H.A., 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. 1991. Puerto Rican plant species of concern: Status and

recommendations. Miscellaneous Scientific Publication No.2.

Department of Natural and Environmental Resources, San Juan, Puerto

Rico. 59-61 p.

Puerto Rico Highway and Transportation Authority. 1995. Report to

U.S. Fish and Wildlife Service on plant species, Puerto Rican boa

and monitoring program of the broad-winged hawk PR-10 Highway,

Arecibo-Utuado. Unpublished report.

Urban. 1899. Symb. Antill. 1:393.

Author

cellaneous Scientific Publication No.2.

Department of Natural and Environmental Resources, San Juan, Puerto

Rico. 59-61 p.

Puerto Rico Highway and Transportation Authority. 1995. Report to

U.S. Fish and Wildlife Service on plant species, Puerto Rican boa

and monitoring program of the broad-winged hawk PR-10 Highway,

Arecibo-Utuado. Unpublished report.

Urban. 1899. Symb. Antill. 1:393.

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,

Boquern, 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 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 to read as follows:

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

* * * * * * *

Cordia bellonis......... None................... U.S.A. (PR)............ Boraginaceae........... E ..........

c range Family name Status When listed Critical Special

Scientific name Common name habitat rules

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Flowering Plants

* * * * * * *

Cordia bellonis......... None................... U.S.A. (PR)............ Boraginaceae........... E ........... NA NA

* * * * * * *

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Dated: September 6, 1995.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 95-24014 Filed 9-27-95; 8:45 am]

BILLING CODE 4310-55-P