Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Catesbaea Melanocarpa

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE48

Endangered and Threatened Wildlife and Plants; Proposed

Endangered Status for Catesbaea Melanocarpa

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Service proposes to determine Catesbaea melanocarpa (no

common name) to be an endangered species pursuant to the Endangered

Species Act of 1973, as amended (Act). Catesbaea melanocarpa is known

from Puerto Rico, St. Croix in the U.S. Virgin Islands, Barbuda,

Antigua, and Guadeloupe. In Puerto Rico, it is currently known from

only one location in Cabo Rojo, and in the U.S. Virgin Islands, it is

known from one location near Christiansted, St. Croix. Both populations

are located on privately owned land subject to intense pressure for

development for residential, tourism and industrial purposes. This

proposal, if made final, would implement the Federal protection and

recovery provisions afforded by the Act for C. melanocarpa. The Service

seeks data and comments from the public on this proposal.

DATES: Comments from all interested parties must be received by

February 17, 1998. Public hearing requests must be received by January

30, 1998.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the Field Supervisor, Boqueron 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.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Silander, Botanist, at the

Boqueron Field Office (see ADDRESSES section) (787/851-7297, facsimile

787/851-7440).

SUPPLEMENTARY INFORMATION:

Background

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.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Silander, Botanist, at the

Boqueron Field Office (see ADDRESSES section) (787/851-7297, facsimile

787/851-7440).

SUPPLEMENTARY INFORMATION:

Background

Catesbaea melanocarpa (no common name) was first discovered in the

mid-nineteenth century on the British island of Antigua by the German

collector Hienrich Rudolph Wullschlaegel. It was found in St. Croix,

U.S. Virgin Islands, in about 1881 by the Danish collector Baron H. F.

A. von Eggers and in Guanica, Puerto Rico, by the German collector Paul

Sintenis in 1886. Although duplicate specimens are maintained at other

herbariums, the original collections were in the herbarium at Berlin-

Dahlem and were destroyed by the bombing during World War II.

The species has also been reported from Barbuda and Guadeloupe,

islands of the Lesser Antilles (Howard 1989, Proctor 1991). While

little is known about the plant's status on these islands, the Center

for Plant Conservation (1992) describes it as rare on Antigua. It was

not rediscovered in St. Croix until 1988 and to date, it has not been

relocated in the Guanica, Puerto Rico, area. The St. Croix population,

located near Christiansted, consists of about 24 individual plants

(Breckon and Kolterman 1993). In 1995, a small population, consisting

of one individual, was located in Cabo Rojo, Puerto Rico (Puerto Rico

Planning Board 1995). One specimen, collected in 1974, located in the

herbarium in San Juan apparently originated from the Susua Commonwealth

Forest. However, this specimen is sterile and in depauperate condition;

therefore, its identification cannot be confirmed.

Catesbaea melanocarpa, of the family Rubiaceae, belongs to a genus

which consists of ten or more species of spiny shrubs

rto Rico

Planning Board 1995). One specimen, collected in 1974, located in the

herbarium in San Juan apparently originated from the Susua Commonwealth

Forest. However, this specimen is sterile and in depauperate condition;

therefore, its identification cannot be confirmed.

Catesbaea melanocarpa, of the family Rubiaceae, belongs to a genus

which consists of ten or more species of spiny shrubs. Most are

confined to the Antilles but some may extend into the Bahamas and the

Florida Keys. In Puerto Rico, two species are known--C. melanocarpa and

C. parviflora. These two species are differentiated by the size and

color of the fruits, black and larger, 5 to 6 millimeters (mm) (.19 to

.23 inches (in)) in diameter, in the former and white and smaller 2 to

4 mm (.07 to .15 in) in diameter, in the latter (Breckon and Kolterman

1993, Britton and Wilson 1925). Some authors note that C. melanocarpa

may be a synonym or variant of C. parviflora (Howard 1989, Proctor

1991) and recommend further review. However, Breckon and Kolterman

(1993) and the Center for Plant Conservation (1992) recommend its

protection due to the extremely small number of individuals currently

known, the intense pressure for development in these areas, and the

potential for an appreciable loss of the species' genetic diversity.

Catesbaea melanocarpa is a branching shrub which may reach

approximately 3 meters (9.8 feet) in height. Spines are borne at every

internode and are from 1 to 2 centimeters (.39 to .78 in) long. Leaves

are small, from 5 to 25 mm (.19 to 1.0 in) long and 2 to 15 mm (.07 to

.58 in) wide, often fascicled (clustered), and the small stipules are

deciduous. The

flowers are white, solitary or paired, and almost sessile in the axils.

The corolla is funnelform and from 8 to 10 mm (.31 to .39 in) long. The

fruit is globose, 5 to 6 mm (.19 to .23 in) in diameter, and black with

a crustaceous pericarp. The two-celled fruit contains five to seven

seeds in each cell (Proctor 1991).

Previous Federal Action

stered), and the small stipules are

deciduous. The

flowers are white, solitary or paired, and almost sessile in the axils.

The corolla is funnelform and from 8 to 10 mm (.31 to .39 in) long. The

fruit is globose, 5 to 6 mm (.19 to .23 in) in diameter, and black with

a crustaceous pericarp. The two-celled fruit contains five to seven

seeds in each cell (Proctor 1991).

Previous Federal Action

Catesbaea melanocarpa was identified as a category 2 candidate

species in Notices of Review published in the Federal Register on

February 21, 1990 (55 FR 6184), and September 30, 1993 (58 FR 51144).

Prior to 1996, a category 2 species was one that was being considered

for possible addition to the Federal List of Endangered and Threatened

Plants, but for which conclusive data on biological vulnerability and

threats were not available to support a proposed rule. Designation of

category 2 species was discontinued in the February 28, 1996, Notice of

Review (61 FR 7956). Catesbaea melanocarpa was approved as a candidate

by the Service on September 6, 1995, and identified as a candidate in

the 1996 Notice of Review. A candidate species is a species for which

the Service has sufficient information to propose it for protection

under the Act. This small shrub 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).

Because of budgetary constraints and the lasting effects of a

congressionally imposed listing moratorium, the Service is processing

listing actions according to the listing priority guidance published in

the Federal Register on December 5, 1996 (61 FR 64475). The guidance

clarifies the order in which the Service will process listing actions

during fiscal year (FY) 1997

in the next 5

years).

Because of budgetary constraints and the lasting effects of a

congressionally imposed listing moratorium, the Service is processing

listing actions according to the listing priority guidance published in

the Federal Register on December 5, 1996 (61 FR 64475). The guidance

clarifies the order in which the Service will process listing actions

during fiscal year (FY) 1997. The guidance calls for giving highest

priority to handling emergency situations (Tier 1) and second highest

priority (Tier 2) to resolving the status of outstanding proposed

listings. Third priority (Tier 3) is given to resolving the

conservation status of candidate species and processing administrative

findings on petitions to add species to the lists or reclassify

threatened species to endangered status. The processing of this

proposed rule falls under Tier 3. At this time, the Southeast Region

has no pending Tier 1 actions and is near completion of its pending

Tier 2 actions. Additionally, the guidance states that ``effective

April 1, 1997, the Service will concurrently undertake all of the

activities included in Tiers 1, 2, and 3'' (61 FR 64480). The Service

announced an extension on October 23, 1997, (62 FR 55268) of the

guidance for FY 1997. The guidance will remain in effect until the FY

1998 appropriations bill for the Department of the Interior becomes law

and new final guidance is published in the Federal Register.

Summary of Factors Affecting the Species

take all of the

activities included in Tiers 1, 2, and 3'' (61 FR 64480). The Service

announced an extension on October 23, 1997, (62 FR 55268) of the

guidance for FY 1997. The guidance will remain in effect until the FY

1998 appropriations bill for the Department of the Interior becomes law

and new final guidance is published in the Federal Register.

Summary of Factors Affecting the Species

Section 4 of the 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

Catesbaea melanocarpa (Krug and Urban) are as follows:

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. Catesbaea melanocarpa is known

only from Puerto Rico, St. Croix, Barbuda, Antigua, and Guadeloupe.

Available information indicates that it is rare on Antigua (Center for

Plant Conservation 1992). In Puerto Rico, it is known from a single

individual on privately owned land. In St. Croix it is known from only

one population consisting of about 24 individuals, also on privately

owned land. The known individual from Cabo Rojo, Puerto Rico, is

located on land currently proposed for a residential/tourism

development consisting of a hotel, condo-hotel, residential villas and

lots, a golf course, and other associated facilities. In St. Croix, the

population is located near Christiansted on land also subject to

pressure for development.

B. Overutilization for commercial, recreational, scientific, or

educational purposes. The use of the species for such purposes has not

been documented as a factor in its decline.

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

ibution. Because so few

individuals are known to occur, the risk of extinction is extremely

high. Catastrophic natural events, such as hurricanes, may dramatically

affect forest species composition and structure by felling large trees

and creating numerous canopy gaps. Breckon and Kolterman (1993)

documented the loss of individuals in St. Croix following the passing

of hurricane Hugo in 1989.

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

Catesbaea melanocarpa as endangered. Within the United States, the

species is known from only one locality in Puerto Rico and one in St.

Croix, U.S. Virgin Islands. Deforestation for residential and tourism

development are imminent threats to the survival of the species.

Therefore, endangered rather than threatened status more accurately

describes the species' condition. The reasons for not proposing

critical habitat for this species are discussed below in the ``Critical

Habitat'' section.

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.

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 shall propose critical habitat at the

time the species is proposed to be endangered or threatened. 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 Service finds that designation of critical habitat for Catesbaea

melanocarpa is not prudent because such designation would not be

beneficial to the species.

Critical habitat designation, by definition, directly affects only

Federal agency actions through consultation under section 7(a)(2) of

the Act. 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 destroy or

adversely modify its critical habitat. Neither of the two known

populations of Catesbaea melanocarpa occur on Federal land. However,

Federal involvement with this species may occur through the use of

Federal funding for rural housing and development on non-Federal lands.

The use of such funding for projects affecting occupied habitat for

this species would be subject to review under section 7(a)(2), whether

or not critical habitat was designated

wo known

populations of Catesbaea melanocarpa occur on Federal land. However,

Federal involvement with this species may occur through the use of

Federal funding for rural housing and development on non-Federal lands.

The use of such funding for projects affecting occupied habitat for

this species would be subject to review under section 7(a)(2), whether

or not critical habitat was designated. The precarious status of C.

melanocarpa is such that any adverse modification or destruction of its

occupied habitat would also jeopardize its continued existence. This

would also hold true as the species recovers and its numbers increase.

In addition, the Service believes that notification of Federal agencies

of the areas where these plants occur can be accomplished without the

designation of critical habitat. All involved parties and landowners

have been notified of the location and importance of protecting this

species' habitat. For these reasons, the Service believes that

designation of currently occupied habitat of this species as critical

habitat would not result in any additional benefit to the species and

that such designation is not prudent.

Potential introduction sites within unoccupied lands occur on lands

under Federal management (Cabo Rojo, Laguna Cartagena and Sandy Point

National Wildlife Refuges) and Commonwealth management (Guanica

Commonwealth Forest). As managers of these subtropical dry forest

lands, the Service and the Puerto Rico Department of Natural and

Environmental Resources are actively involved in conservation

activities. Both agencies are committed to the protection of these

forested areas and would minimize or avoid any impacts to such habitat.

Any introduction would be closely coordinated with the area's managers.

Introduction of this species onto unoccupied private lands likely would

not be pursued because suitable habitat under private ownership occurs

only in very small patches which are interspersed among developed areas

and are too small for introduction

forested areas and would minimize or avoid any impacts to such habitat.

Any introduction would be closely coordinated with the area's managers.

Introduction of this species onto unoccupied private lands likely would

not be pursued because suitable habitat under private ownership occurs

only in very small patches which are interspersed among developed areas

and are too small for introduction. For these reasons, the Service

believes that designation of currently unoccupied habitat of this

species as critical habitat would not result in any additional benefit

to the species and, therefore, such designation is not prudent.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the 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, Territory and private

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

acquisition and cooperation with the Commonwealth and/or Territory 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

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 proposed species or result in destruction or adverse

modification of proposed critical habitat

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 the 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 include Federal funding for rural housing and

development (for example, funding by agencies such as the Rural

Development or Housing and Urban Development).

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

.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, 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 or

Territorial law or regulation, including Commonwealth or Territorial

criminal trespass law. Certain exceptions can apply to agents of the

Service and Commonwealth and Territorial 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 and

survival of the species. 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 is uncommon in the wild.

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 populations of Catesbaea

melanocarpa are located on privately owned land. Since there is no

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

potential

ould 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 Catesbaea

melanocarpa are 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 or Territorial law, or in knowing

violation of Commonwealth or Territorial 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 U.S. Virgin

Island regulation states that ``no person may harass, injure or kill,

or attempt to do the same, or sell or offer for sale any specimen, or

parts or produce of such specimen, of an endangered or threatened

species.'' 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, 1875 Century Boulevard, Atlanta,

Georgia 30345-3301 (404/679-7313).

Public Comments Solicited

tion 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, 1875 Century Boulevard, Atlanta,

Georgia 30345-3301 (404/679-7313).

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 Catesbaea melanocarpa;

(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 pursuant to section 4 of the Act;

(3) Additional information concerning the range, distribution, and

population size 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 Catesbaea melanocarpa 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 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 Supervisor,

Boqueron Field Office (see ADDRESSES section).

National Environmental Policy Act

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

regulation that differs from this proposal.

The 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 Supervisor,

Boqueron Field Office (see ADDRESSES section).

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 Act. A notice outlining the Service's reasons for this

determination was published in the Federal Register on October 25, 1983

(48 FR 49244).

Required Determinations

The Service has examined this regulation under the Paperwork

Reduction Act of 1995 and found it to contain no information collection

requirements.

References Cited

Breckon, G. and D. Kolterman. 1993. Catesbaea melanocarpa Krug &

Urban [Rubiaceae]. Final Report under Cooperative Agreement No. 14-

16-0004-92-970 between the U.S. Fish and Wildlife Service and the

University of Puerto Rico, Mayaguez Campus.

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

and the Virgin Islands. Volume VI--Part 2. Botany of Porto Rico and

the Virgin Islands. Descriptive flora--Spermatophyta (continued).

New York Academy of Sciences, New York. 158 pp.

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

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

Howard, R.A. 1989. Flora of the Lesser Antilles. Leeward and

Windward Islands. Volume 6. Dicotyledoneae--Part 3. Arnold

Arboretum, Harvard University, Jamaica Plain, Massachusetts. 658 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

s, Missouri.

Howard, R.A. 1989. Flora of the Lesser Antilles. Leeward and

Windward Islands. Volume 6. Dicotyledoneae--Part 3. Arnold

Arboretum, Harvard University, Jamaica Plain, Massachusetts. 658 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. 1991. Puerto Rican plant species of special concern.

Status and recommendations. Publicacion Cientifica Miscelanea No. 2.

Departamento de Recursos Naturales de Puerto Rico. San Juan, Puerto

Rico. 197 pp.

Puerto Rico Planning Board. 1995. Draft Environmental Impact

Statement for Monte Carlo Resort and Boqueron Bay Site. San Juan,

Puerto Rico. 88 pp.

Author. The primary author of this proposed rule is Ms. Susan

Silander, Boqueron Field Office (see ADDRESSES section).

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. Amend section 17.12(h) 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.

* * * * *

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 section 17.12(h) 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 Status When listed Critical Special

Scientific name Common name habitat rules

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

Flowering Plants

* * * * * * *

Catesbaea melanocarpa............ None................ U.S.A. (PR, VI) Rubiaceae.......... E ........... NA NA

Antigua, Barbuda,

Guadeloupe.

* * * * * * *

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Dated: November 25, 1997.

Director, Fish and Wildlife Service,

Jamie Rappaport Clark,

[FR Doc. 97-32738 Filed 12-15-97; 8:45 am]

BILLING CODE 4310-55-P