2012 Federal Register, 77 FR 39666; Centralized Library: U.S. Fish and Wildlife Service - Federal Register, Volume 77 Issue 129 (Thursday, July 5, 2012)

[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Proposed Rules]
[Pages 39666-39670]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16381]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2012-0030; 4500030113]

Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition To List Maytenus cymosa as Endangered or Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to list the Maytenus cymosa (Caribbean
mayten), a tree, as endangered or threatened under the Endangered
Species Act of 1973, as amended (Act), and to designate critical
habitat. Based on our review, we find that the petition does not
present substantial information indicating that listing M. cymosa may
be warranted. Therefore, we are not initiating a status review in
response to this petition. However, we ask the public to submit to us
any new information that becomes available concerning the status of, or
threats to, M. cymosa or its habitat at any time.

DATES: The finding announced in this document was made on July 5, 2012.

ADDRESSES: This finding is available on the Internet at http://www.regulations.gov at Docket Number FWS-R4-ES-2012-0030. Supporting
documentation we used in preparing this finding is available for public
inspection, by appointment, during normal business hours at the U.S.
Fish and Wildlife Service, Caribbean Ecological Services Field Office
(CESFO), P.O. Box 491, Boquer[oacute]n, PR 00622. Please submit any new
information, materials, comments, or questions concerning this finding
to the above address.

FOR FURTHER INFORMATION CONTACT: Marelisa Rivera, Deputy Field
Supervisor of the Caribbean Ecological Services Field Office (see
ADDRESSES), by telephone at 787-851-7297, or by facsimile at 787-851-
7440. If you use a telecommunications device for the deaf (TDD), please
call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

Section 4(b)(3)(A) of the Act (16 U.S.C. 1531 et seq.) requires
that we make a finding on whether a petition to list, delist, or
reclassify a species presents substantial scientific or commercial
information indicating that the petitioned action may be warranted. We
are to base this finding on information provided in the petition,
supporting information submitted with the petition, and information
otherwise available in our files. To the maximum extent practicable, we
are to make this finding within 90 days of our receipt of the petition,
and publish our notice of the finding promptly in the Federal Register.
Our standard for substantial scientific or commercial information
within the Code of Federal Regulations (CFR) with regard to a 90-day
petition finding is ``that amount of information that would lead a
reasonable person to believe that the measure proposed in the petition
may be warranted'' (50 CFR 424.14(b)). If we find that substantial
scientific or commercial information was presented, we are required to
promptly conduct a species status review, which we subsequently
summarize in our 12-month finding.

Petition History

On October 6, 2011, we received a petition, dated September 28,
2011, from Mark N. Salvo of Wild Earth Guardians, requesting that
Maytenus cymosa be listed as endangered or threatened, and that
critical habitat be designated, under the Act. The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, as required by 50 CFR 424.14(a). The
Service acknowledged receipt of the

[[Page 39667]]

petition in a letter dated December 20, 2011, which also stated that
emergency listing was not warranted. This finding addresses the
petition.

Previous Federal Action(s)

Maytenus cymosa was included as a category 2 candidate species in
Federal Register notices dated December 30, 1982 (47 FR 58454),
September 27, 1985 (50 FR 39526), January 6, 1989 (54 FR 554), November
21, 1991 (56 FR 58804), September 30, 1993 (58 FR 51144) and November
15, 1994 (59 FR 58982). Category 2 candidates were taxa for which
information was available indicating that listing was possibly
appropriate, but insufficient data were available regarding biological
vulnerability and threats. In the February 28, 1996, Notice of Review
(61 FR 7595), we discontinued the use of multiple candidate categories
and removed category 2 species from the candidate list, which removed
M. cymosa from the candidate species list.

Species Information

Maytenus cymosa is a medium-size tree of the Celastraceae family.
It grows up to 8 meters (m) (26.7 feet (ft)) tall and the trunk
diameter may reach up to 15 centimeters (cm) (6 inches (in)) with a
blackish and slightly fissured bark. The species possesses alternate
leaves with oval to obovate (egg-shaped) leaf-blades that are 2.5-6 cm
(1.0-2.4 in) long and 1.5-4 cm (0.6-1.6 in) broad. The leaves are
rounded at the apex, obtuse to narrowed or rounded at the base with
margins slightly recurved, 5-8 millimeters (mm) (0.2-0.32 in) long, few
lateral nerves, paler beneath. Flowers grow on axillary cymes (clusters
of flowers arising from the junction between leaves and stem) and are
subglomerate (almost tightly clustered). Flowers are 2.5 mm (1.0 in)
long, with suborbicular sepals 0.8 mm (0.32 in) long and 1-1.2 mm
(0.04-0.048 in) broad. Petals are pale yellow and oval and 1.8-2 mm
(0.072-0.08 in) long. The fruit is a blackish-elliptic capsule 1 cm
(0.4 in) long, which produces 1 or more seeds with a fleshy aril
(covering) (Liogier 1994, p. 27; Little et al. 1974, p. 466).
The species occurs on dry to moist coastal woodlands in Puerto Rico
at elevations below 100 feet (i.e., Pi[ntilde]eros Island, Vieques and
Fajardo), in the U.S. Virgin Islands (USVI; St. Croix and St. Thomas),
and in the British Virgin Islands (Virgin Gorda) (Little et al. 1974,
p. 466). In Puerto Rico, its distribution seems to be limited to the
eastern corner of the island and the adjacent small islands and cays
(Liogier 1994, p. 27; Little et al. 1974, p. 466).
Based on the petition and the information available in our files,
the largest population of Maytenus cymosa is located within the Gorda
Peak National Park on the island of Virgin Gorda in the British Virgin
Islands and is composed of about 100 individuals (IUCN 2011, p. 1). The
petition further states that a single tree was recorded at Savannah Bay
on Virgin Gorda. However, no data were provided in the petition
regarding current population trends to support an assumption that the
number of individuals has been declining or that the populations are
facing problems that may lead to the species' extinction. The petition
reports another 52 individuals in eastern Puerto Rico within 2
localities, but no data about the exact localities of these
populations, or about population trends, were provided in the petition
or are available in our files. Furthermore, no data are available
regarding the number of individuals at St. Croix and St. Thomas.
We accept the characterization of Maytenus cymosa as a species
because it is recognized as a valid species on the latest treatments
and revisions of the flora of the Caribbean (Liogier and Martorel 2000,
p. 109; Liogier 1994, p. 27; Little et al. 1974, p. 466).

Evaluation of Information for This Finding

Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations at 50 CFR 424 set forth the procedures for adding a species
to, or removing a species from, the Federal Lists of Endangered and
Threatened Wildlife and Plants. 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) of the Act:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
In considering what factors might constitute threats, we must look
beyond the mere exposure of the species to the factor to determine
whether the species responds to the factor in a way that causes actual
impacts to the species. If there is exposure to a factor, but no
response, or only a positive response, that factor is not a threat. If
there is exposure and the species responds negatively, the factor may
be a threat and we then attempt to determine how significant a threat
it is. If the threat is significant, it may drive or contribute to the
risk of extinction of the species such that the species may warrant
listing as threatened or endangered as those terms are defined by the
Act. This does not necessarily require empirical proof of a threat. The
combination of exposure and some corroborating evidence of how the
species is likely impacted could suffice. The mere identification of
factors that could impact a species negatively may not be sufficient to
compel a finding that listing may be warranted. The information shall
contain evidence sufficient to suggest that these factors may be
operative threats that act on the species to the point that the species
may meet the definition of threatened or endangered under the Act.
In making this 90-day finding, we evaluated whether information
regarding the threats to Maytenus cymosa, as presented in the petition
and available in our files at the time the petition was received, is
substantial, thereby indicating that the petitioned action may be
warranted. Our evaluation of this information is presented below.

A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range

Information Provided in the Petition
The petition claims that the recorded populations of Maytenus
cymosa in Puerto Rico and the USVI may occur on lands with differing
ownerships where they may be threatened by land use and habitat
fragmentation. The petition also indicates that the largest population
of M. cymosa (about 100 trees) occurs in a National Park on Virgin
Gorda in the British Virgin Islands.
Evaluation of Information Provided in the Petition and Available in
Service Files
The petition does not provide any information about specific
threats (for example, road construction, hotel developments, or housing
developments) to the populations of Maytenus cymosa or evidence
indicating that specific land uses or habitat fragmentation are
responsible for actual or even foreseeable decline in the number of
individuals. Neither the information in the petition or available in
our files provides any recent population assessments, which may provide
information regarding current abundance, distribution, and threats. As
to the population in Gorda Peak National Park, which is the largest
population, the British Virgin Islands

[[Page 39668]]

National Parks Trust (BVINPT) conducts weekly trail maintenance,
garbage removal, and removal of overhanging branches within the Park.
Protection of rare and endangered plants (including this species) was a
primary reason for designation of the park, according to the British
Virgin Islands Protected Areas System Plan 2007-2017 (BVINPT 2008, p.
109). While the plan lists internal and external threats to the park
(e.g., limited cattle grazing, invasive species, forest fires, small-
scale agricultural activity, and plant collection (mainly orchids),
neither the plan nor the petition identifies any of these threats as
specifically affecting M. cymosa (BVINPT 2008, p. 109).
Maytenus cymosa also has been recorded on the island of Vieques, in
eastern Puerto Rico (Monsegur 2007), where it was collected by Gary
Breckon (former botanist of the University of Puerto Rico at
Mayag[uuml]ez). About 54 percent of the island of Vieques (about 17,673
acres (7,152 hectares)) is a National Wildlife Refuge (NWR) managed by
the Service, which contains suitable habitat for the species (Vieques
NWR CCP & EIS 2007, p. 2). The amount of suitable habitat for the
species on the island is unknown, but it is known to occur outside of
the Refuge, based on the previously mentioned collection. The area of
Cerro El Buey, which harbors a habitat similar to the area where
Breckon collected the species, is under protection as it was
transferred to the Puerto Rico Conservation Trust (Trust) (Vieques NWR
CCP & EIS 2007, p. 2, 19). Currently, the Trust manages about 800 acres
(323.7 ha) for conservation, including the area of Cerro El Buey.
Furthermore, the Service manages about 3,100 acres on western Vieques
including the area of Monte Pirata, also a remnant of possible habitat
for the species. The majority of the refuge (eastern conservation unit)
(approximately 14,669 acres (5936.3 ha)) remains closed to the public
due to unexploded ordnance. Due to its use as a Live Impact area, some
of the eastern conservation area will be managed as a wilderness area,
with no public access permitted (Vieques NWR CCP & EIS 2007, p. 3).
This has the effect of preventing researchers from determining the full
extent of the range of the species on the island. Therefore, while we
acknowledge that areas outside of the Refuge are not officially
protected, the majority of the habitat on the island remains protected.
Maytenus cymosa was also recorded on Pi[ntilde]eros Island, part of
the former Roosevelt Roads Naval Station in Puerto Rico. This island is
currently under a munitions and explosives of concern (MEC)
investigation to identify and remove unexploded artifacts. The MEC
investigation accounts for the presence of M. cymosa and requires the
presence of a qualified biologist able to identify the species during
any removal activities (Department of the Navy, Naval Facilities
Engineering Command, Atlantic Division, 2006, p. 5-1). The Removal Plan
(associated with the MEC investigation) states that M. cymosa is common
on Pi[ntilde]eros Island and impacts to the species will be avoided
during unexploded artifacts removal activities. Work will occur largely
on trails, and munitions are expected to be removed by hand. The Navy,
Naval Facilities Engineering Command, Atlantic Division, plans to
transfer Pi[ntilde]eros Island to the Commonwealth of Puerto Rico and
has suggested an approach that will allow public access to
Pi[ntilde]eros Island while protecting the ecology of the island by
disturbing only a small fraction of the vegetation (Department of the
Navy, Naval Facilities Engineering Command, Atlantic Division, 2006, p.
1-8).
In summary, the petition claims Maytenus cymosa may be threatened
by land use and habitat fragmentation, but does not provide any
substantive data or information to support the assumption that these
threats are acting on M. cymosa in such a way as to render the species
vulnerable to extinction. In contrast, information in our files
indicates that the species is protected in many areas where it is
found. Therefore, we find that the information provided in the petition
and available in our files does not present substantial scientific or
commercial information indicating that the petitioned action may be
warranted due to the present or threatened destruction, modification,
or curtailment of its habitat or range.

B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes

The petitioner does not identify this factor as a current threat to
the species. Based on the information available in our files, there are
no data to suggest that overutilization for commercial, recreational,
scientific, or educational purposes has contributed to a decline of the
Maytenus cymosa. We find that the information provided in the petition
and available in our files does not present substantial scientific or
commercial information indicating that the petitioned action may be
warranted due to overutilization for commercial, recreational,
scientific, or educational purposes.

C. Disease or Predation

The petitioner does not identify this factor as a current threat to
the species. Based on the information available in our files, there are
no data that suggest that disease or predation has contributed to a
decline of Maytenus cymosa or that either is a current threat to the
species. We find that the information provided in the petition and
available in Service files does not present substantial scientific or
commercial information indicating that the petitioned action may be
warranted due to disease or predation.

D. The Inadequacy of Existing Regulatory Mechanisms

Information Provided in the Petition
The petition notes that the British Virgin Islands has an
environmental charter that required development of a Protected Areas
System Plan, and promulgated environmental ordinances for the
conservation and management of National Parks. The petitioner states
that, despite these policies and ordinances, habitat loss and
degradation continues in the British Virgin Islands and Maytenus cymosa
may not be adequately protected on Virgin Gorda outside of the Gorda
Peak National Park.
Evaluation of Information Provided in the Petition and Available in
Service Files
As discussed under Factor A, the petition does not provide any
substantial information about specific threats resulting in habitat
loss and degradation to Maytenus cymosa populations or evidence
indicating that urban development and habitat fragmentation may be
responsible for a decline in the number of M. cymosa individuals. The
petition does not provide population data on the existing populations
outside the National Park. Furthermore, the core of the known
populations (about 100 individuals) lies within the Gorda Peak National
Park. Individuals within the National Park are provided protection from
some threats, such as urban development and habitat fragmentation.
The Territory of the USVI currently considers Maytenus cymosa to be
endangered under the Virgin Islands Indigenous and Endangered Species
Act (V.I. Code, Title 12, Chapter 2) and has amended an existing
regulation (Bill No. 18-0403) to provide for protection of endangered
and threatened wildlife and plants by prohibiting the take, injury, or
possession of indigenous plants. While we have previously recognized in
other listing rules that Rothenberger et al. (2008, p. 68) mentioned
that the lack of

[[Page 39669]]

management and enforcement capacity continues to be a significant
challenge for the USVI, even given the relatively wide range of the
species, we have no evidence to indicate that collection or habitat
loss may be expected to threaten the species now or in the future;
therefore, we have no specific information indicating that regulatory
mechanisms may be inadequate to protect the species.
In Puerto Rico, the species is considered as a critical element by
the Puerto Rico Department of Natural and Environmental Resources.
Critical elements are described in the Comprehensive Wildlife
Conservation Strategy as federally or locally listed species, species
important to Puerto Rican heritage, and some endemic species (DNER,
2005, p.54). This classification does not provide regulatory protection
to M. cymosa, but does require special consideration by Commonwealth
agencies when evaluating development projects that may impact the
species. As stated previously, we have no evidence of current or future
threats to the species; therefore, we have no evidence that this
regulatory mechanism may be inadequate to protect the species, at
present.
In summary, the petition does not provide any substantial
information documenting the inadequacy of existing regulatory
mechanisms nor do we have any such information in our files. Therefore,
we find that the information provided in the petition and currently
available in our files does not present substantial scientific or
commercial information indicating that the petitioned action may be
warranted due to the inadequacy of existing regulatory mechanisms.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

Information Provided in the Petition
The petition indicates that the small number of remaining Maytenus
cymosa trees may have a negative effect on the species' genetic
diversity and may render it vulnerable to stochastic events, as small
populations are more likely to go extinct as a result of these events.
The petition further states that the Service has frequently recognized
small population size as a threat to the persistence of species.
The petition also indicates that the population of Maytenus cymosa
in Gorda Peak National Park on Virgin Gorda may have been affected by
fire in 1997, and that the species may be vulnerable to future fires in
that location. The petition further claims that individual trees may
have been affected by Hurricane Hugo, and the species may have been
affected by subsequent hurricanes and weather events.
Evaluation of Information Provided in the Petition and Available in
Service Files
The petition does not provide any information to support a claim
that the populations have actually declined, resulting in a negative
effect on the genetic diversity of the species that would render it
vulnerable to extinction. We have no information in our files about the
genetics of the species or any information about the reproductive
biology or population dynamics of M. cymosa to suggest that low genetic
diversity may be a threat to the species. While small population is
identified in the petition as a threat to the species, there is no
information either in the petition or in our files to indicate that
small population size may be having a negative effect on the species.
Moreover, the species occurs on several islands rendering it less
likely to be affected by stochastic events, and as we have explained,
we have no information indicating that low genetic diversity may be a
threat.
The petition does not provide any information, nor do we have any
in our files, indicating that Maytenus cymosa was directly affected, or
that its habitat was degraded, by the 1997 fire. The petition did not
present substantial information to support the assertion that fire may
be a threat to the species.
The petition does not provide any information, nor do we have any
information in our files, indicating that Maytenus cymosa was directly
affected, or its habitat was degraded, by severe tropical storms. It
has been stated that successional responses to hurricanes can influence
the structure and composition of plant communities in the Caribbean
islands (Van Bloem et al. 2005). Nonetheless, as a species endemic to
the Caribbean, it is likely that M. cymosa may be well adapted to these
tropical weather events. Severe tropical storms may affect very small
populations that are threatened by a lack of natural recruitment or
that lie within areas subject to soil erosion or landslides. However,
based on the petition and the information available in our files, there
is no evidence suggesting that M. cymosa may be currently threatened by
hurricanes and other weather events.
We find that the information provided in the petition and currently
available in Services files does not present substantial scientific or
commercial information indicating that the petitioned action may be
warranted due to other natural or manmade factors (genetic diversity,
fires, or hurricanes).

Finding

In summary, the petition does not present substantial information
that listing Maytenus cymosa as an endangered or threatened species may
be warranted. The core of the known population lies within a protected
area (i.e., Gorda Peak National Park). The petition does not provide
any substantial information or data indicating that the present or
threatened destruction, modification, or curtailment of its habitat or
range may be a current or future threat to the species. M. cymosa also
occurs within Pi[ntilde]eros Island, an area managed for conservation,
and within the island of Vieques, which has a substantial land area
designated as a National Wildlife Refuge and managed by the Service,
which supports habitat for the species. The known distribution of M.
cymosa includes territories that currently have regulations and laws
that protect the species and its habitat. Neither the information
provided by the petitioner nor the information available in files
indicates that the species may be currently affected by genetic
problems, human-induced fires, or hurricanes. The petitioner did not
provide any further information regarding the ecology or reproductive
biology of M. cymosa (e.g., lack of pollinators and/or fruit
dispersors, lack of natural recruitment, etc.) that would suggest
synergistic forces may be acting on M. cymosa, making it vulnerable to
extinction.
Therefore, on the basis of our analysis under section 4(b)(3)(A) of
the Act, we conclude that the petition does not present substantial
scientific or commercial information to indicate that listing Maytenus
cymosa under the Act as endangered or threatened may be warranted at
this time. Although we will not review the status of the species at
this time, we encourage interested parties to continue to gather data
that will assist with the conservation of M. cymosa. If you wish to
provide information regarding M. cymosa, you may submit your
information or materials to the Deputy Field Supervisor, Caribbean
Ecological Services Field Office (see ADDRESSES), at any time.

References Cited

A complete list of references cited is available on the Internet at
http://www.regulations.gov at Docket No. FWS-R4-ES-2012-0030 and upon
request from the Caribbean Ecological

[[Page 39670]]

Services Field Office (see FOR FURTHER INFORMATION CONTACT).

Author

The primary authors of this notice are the staff members of the
Caribbean Ecological Services Field Office (see ADDRESSES).

Authority: The authority for this action is the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

Dated: June 20, 2012.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2012-16381 Filed 7-3-12; 8:45 am]
BILLING CODE 4310-55-P