[Federal Register Volume 59, Number 1 (Monday, January 3, 1994)]
[Proposed Rules]
[Pages 48-53]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-32052]
[[Page Unknown]]
[Federal Register: January 3, 1994]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 17
RIN 1018-AC12
Endangered and Threatened Wildlife and Plants; Proposed
Endangered Status for the Puerto Rican Broad-winged Hawk and the Puerto
Rican Sharp-shinned Hawk
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Service proposes to determine the Puerto Rican broad-
winged hawk (Buteo platypterus brunnescens) and the Puerto Rican sharp-
shinned hawk (Accipiter striatus venator) to be endangered pursuant to
the Endangered Species Act (Act) of 1973, as amended. These uncommon
woodland raptors are restricted to montane, government-owned forests
along the Cordillera Central, Sierra de Cayey and Sierra de Luquillo.
There are approximately 155 sharp-shinned hawks and 124 broad-winged
hawks island-wide. Both species are currently threatened by: Timber
harvest and management practices in the forests; road construction in
relation to timbering and recreational activities; increase in numbers
of recreational facilities, and the disturbance associated with public
use; mortality and habitat destruction from hurricanes; the lack of
comprehensive management plans for the Commonwealth forests; possible
loss of genetic variation due to low population levels: and the
potential for illegal shooting. The Puerto Rican sharp-shinned hawk is
also affected by warble fly parasitism. This proposal, if made final,
would provide these species with the Act's protection and recovery
provisions. The Service seeks data and comments from the public on this
proposal.
DATES: Comments from all interested parties must be received by May 3,
1994. Public hearing requests must be received by February 17, 1994.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Field Supervisor, U.S. Fish and Wildlife Service, Caribbean
Field Office, 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 the Caribbean Field
Office and at the Service's Southeast Regional Office, suite 1282, 75
Spring Street, SW., Atlanta, Georgia 30303.
FOR FURTHER INFORMATION CONTACT: Ms. Marelisa Rivera at the Caribbean
Field Office address (809/851-7297), or Mr. Dave Flemming at the
Atlanta Regional Office address (404/331-3583).
SUPPLEMENTARY INFORMATION:
Background
The broad-winged hawk (Buteo platypterus) was first reported in
Puerto Rico by Gundlach (1878). He reported this species as ``common''
in the ``interior'' of Puerto Rico. Stahl (1883) reported the species
as ``transient''. In the first half of the 20th century, the species
was not reported by other naturalists that visited the island (Bowdish
1902, Wetmore 1914, and Danforth 1931). Wetmore (1927) believed the
species extinct. Danforth and Smyth (1935) collected a specimen in
Luquillo (Caribbean National Forest) and described it as a distinct
resident subspecies, the Puerto Rican broad-winged hawk (Buteo
platypterus brunnescens). Danforth (1936) reported sightings of broad-
winged hawks from Utuado. Leopold (1963) reported the species from
Luquillo, Utuado and Maricao forests.
The Puerto Rican broad-winged hawk is a dark chocolate brown,
small-sized hawk that measures approximately 39 centimeters (15.5
inches). It is smaller than Buteo platypterus platypterus but larger
than the Lesser Antillean subspecies. This is the darkest subspecies of
the broad-winged hawk. In adults, the tail, broadly banded with black
and white, and the rufous breast are characteristic. Immature birds
have dark bars on the breast and lack the distinctive tail bands of the
adult. Broadwings flap more than the similar but larger red-tailed hawk
(Raffaele 1989). Knowledge of the biology of the Puerto Rican broad-
winged hawk is limited. Snyder et al. (1987) conducted food-habit
studies on one of the three nests found in the Caribbean National
Forest in 1976 and one nest found in Rio Abajo in 1978. The prey types
taken included centipedes, frogs, lizards, mice, rats and birds
(including some as large as 200 grams). Studies of breeding biology,
habitat requirements and other aspects of this species' biology are not
available in the literature.
The Puerto Rican broad-winged hawk is an uncommon and extremely
local resident. Extant populations are restricted to montane habitats
of three forests: Rio Abajo Commonwealth Forest, Carite Commonwealth
Forest and Caribbean National Forest. Breeding has not been documented
in the Carite forest (Hernandez 1980, Snyder et al. 1987). In the mid-
1980's, the population in the Caribbean National Forest was estimated
to be 40-60 individuals and 15-20 breeding pairs (Santana and Temple
1984, Snyder et al. 1987). The broad-winged hawks were more often seen
in the eastern side of the Caribbean National Forest, and the tabonuco
and palo colorado forest types were reported to be the preferred
habitats for the species (Wiley and Bauer 1985). In 1992, 12 broad-
winged hawks were sighted in the Caribbean National Forest and the
population was estimated at 22 individuals (Delannoy 1992). These
individuals were observed to be clustered in the north-central part of
the forest within the subtropical wet forest and subtropical rain
forest life zones, where the tabonuco is the dominant forest type.
Very little is known about the Rio Abajo and Carite forest
populations. However, it appears that the existence of the Rio Abajo
population was known by Danforth (1936) and Leopold (1963) since they
both reported sightings of broad-winged hawks from Utuado. Snyder et
al. (1987) believed that the Rio Abajo forest sustains not more than 50
individuals. Delannoy (1992) reported 26 broad-winged hawks, or an
estimated population of 52 individuals, in the Rio Abajo forest. The
Puerto Rican broad-winged hawk was unknown from the Carite forest until
1980, when the existence of a resident population present year-round
was reported (Hernandez 1980). In 1992, 20 broad-winged hawks were
censused in the Carite forest and a population of 22 individuals was
estimated (Delannoy 1992). In the Carite forest the species has been
reported from the elfin, caimitillo, granadillo, tabonuco, and slope
forest types (Hernandez 1980, Delannoy 1992).
The 206.4 square kilometers censused in three forests (Rio Abajo,
Carite and Caribbean National Forest) in 1992 yielded a count of 58
broad-winged hawks, and a total population estimate of 124 individuals
(Delannoy 1992). Sightings of the broad-winged hawk have been reported
from other areas, such as Cayey (next to the Carite forest), Utuado,
Jayuya, Adjuntas, Villalba, and the Maricao and Toro Negro forests
(Leopold 1963, Perez-Rivera and Cotte-Santana 1977). Nevertheless,
Delannoy (1991) established that the Maricao and Toro Negro forests do
not have resident populations. Broad-winged hawks have been searched
for, but not sighted, in upland forested habitats in Utuado, Jayuya,
Adjuntas, Orocovis, and Barranquitas (Delannoy 1992).
The sharp-shinned hawk (Accipiter striatus) is a polytypic species
with nine subspecies distributed in the western hemisphere, from Alaska
to Canada south to Argentina and to the West Indies (Cuba, Hispaniola
and Puerto Rico) (Wattel 1973). The Puerto Rican sharp-shinned hawk was
first discovered in 1912 in the Maricao Commonwealth Forest, and
described as a distinct subspecies, Accipiter striatus venator (Wetmore
1914).
The Puerto Rican sharp-shinned hawk is a small hawk measuring
approximately 28-33 centimeters (11-13 inches). The dark slate gray
upper parts and heavily barred rufous underparts of the adults are
distinctive. Immatures are brown above and heavily streaked below. It
has a short, squared tail, often appearing notched when folded, and a
small head and neck. In flight, the short, rounded wings and long,
narrow tail are characteristic (Raffaele 1989).
Extant breeding populations of the Puerto Rican sharp-shinned hawk
were located in the mountain forest of the Maricao Commonwealth Forest,
Toro Negro Commonwealth Forest, Guilarte Commonwealth Forest, Carite
Commonwealth Forest and Caribbean National Forest (Cruz and Delannoy
1986). Sixty individuals were counted in island-wide surveys conducted
in 1983, and a breeding density of .73 hawks/km\2\ was estimated (Cruz
and Delannoy 1986). In 1985, 72 individuals were counted and a breeding
population of .76 hawk/km\2\ (230-250 island-wide) were estimated in
island-wide surveys (Cruz and Delannoy 1986). In 1992, 285.6 square
kilometers censused yielded 82 sharp-shinned hawks; 40 were counted in
Maricao, 30 in Toro Negro, 10 in Carite and 2 in the Caribbean National
Forest. An overall population of 129 individuals has been estimated for
these forests (Delannoy 1992). Although the Guilarte forest population
was not censused in 1992, a population of 25 individuals was estimated
for the forest in 1985 (Cruz and Delannoy 1986).
Studies on breeding and nesting habitat of this species, conducted
by Cruz and Delannoy (1986) showed that the sharp-shinned hawk
population in Maricao nests in both natural and modified (Calophyllum
plantation) habitats. Plantation nest sites tended to have large canopy
trees and fewer understory trees than natural forest nest sites. Sharp-
shinned hawks appear to select plantation and natural forest nest sites
with similar vegetative structure and topography. Results suggested
that special vegetation structural requirements (closed canopies and
dense stands) are sought by the Puerto Rican sharp-shinned hawks in the
selection of nest sites in Maricao and apparently in other parts of its
range in Puerto Rico (Cruz and Delannoy 1986). Furthermore, these
authors reported low reproductive success, high desertion of eggs, and
high nestling mortality due to parasitism by the warble fly Philornis
spp.
The center of sharp-shinned hawk courtship and territorial
activities in Maricao forest was located in the north-central and
eastern parts, within the subtropical lower montane wet forest and
subtropical wet forest life zones. In the Carite forest, territorial
and courtship activities occurred in the northeastern and north-central
parts, within the caimitillo-granadillo forest types (Delannoy 1992).
In Toro Negro, these activities took place in the elfin woodland,
sierra palm, caimitillo-granadillo and tabonuco forest types. In the
Caribbean National Forest, the only two sharp-shinned hawks sighted (a
solitary territorial pair) were detected in the south-central part of
the forest, confined to the palo colorado forest type of the lower
montane forest life zone (Delannoy 1992).
Although the sharp-shinned hawk was previously known from the karst
region of Rio Abajo and Guajataca Commonwealth Forests, Cruz and
Delannoy (1986) did not find any evidence of its presence in these
areas. Fossil evidence indicates that the species was once more
widespread in the karst region (Wetmore 1922). Sharp-shinned hawks have
been searched for and not sighted in Cambalache, Vega, Susua, and
Guanica forests (Cruz and Delannoy 1986).
On November 24, 1980, the Service received a petition from Dr.
Warren B. King from the International Council for Bird Preservation
requesting that the Puerto Rican broad-winged hawk and the Puerto Rican
sharp-shinned hawk (and other bird species) be added to the List of
Endangered and Threatened Wildlife. On May 12, 1981, the Service
published a notice of petition acceptance and status review in the
Federal Register (46 FR 26464).
In the case of any petition accepted by the Service as containing
substantial information, Section 4(b)(3) of the Endangered Species Act
(16 U.S.C. 1531 et seq.), as amended in 1982, requires that a
subsequent finding be made within 12 months as to whether the measure
is warranted, not warranted, or warranted but precluded by higher
priority listing actions. In regard to the Puerto Rican broad-winged
hawk, the Service has made administrative findings of ``warranted but
precluded'' each year, beginning in October of 1983, as required by the
Act. In the case of the Puerto Rican sharp-shinned hawk, a status
survey completed in 1986 resulted in a final petition finding of ``not
warranted'' that was announced in the Federal Register of April 25,
1990 (55 FR 17475).
In the Service's notice of review for vertebrate candidates
published in the Federal Register of December 30, 1982 (47 FR 58454)
and September 18, 1985 (50 FR 37958), both hawks were included as
category 2 species, i.e., taxa for which there is information to
indicate that listing may be appropriate, but for which there is
insufficient data to support a listing proposal. In the animal notice
of review published January 6, 1989 (54 FR 554), the Puerto Rican
sharp-shinned hawk was moved to category 3C based on status information
gathered in 1986. Category 3C taxa are those that do not presently
qualify for the Act's protection due to absence of significant threats.
The Puerto Rican broad-winged hawk was retained in category 2 for the
1989 notice of review and for the subsequent notice published November
21, 1991 (56 FR 58804).
Status surveys conducted in 1991 and 1992 indicated that both
species have experienced recent population declines, exist in low
numbers, have restricted distribution and currently face significant
threats. Based on this information, the Service recently that elevated
both hawks to category 1 and is now proposing them for endangered
status. The current proposed rule represents the final finding on the
petitioned action for the Puerto Rican broad-winged hawk.
Summary of Factors Affecting the Species
Section 4(a)(1) 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 the Puerto Rican broad-winged hawk
(Buteo platypterus brunnescens) and the Puerto Rican sharp-shinned hawk
(Accipiter striatus venator) are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
The Puerto Rican broad-winged hawk and the Puerto Rican sharp-
shinned hawk are uncommon and extremely local residents. Extant
populations of the broad-winged hawk and the sharp-shinned hawk are
restricted to three and five montane forests, respectively. The
destruction and modification of forested habitats in Puerto Rico may be
one of the most significant factors affecting the numbers and
distribution of these hawk species. The patchy distribution of both
species may have resulted from the fragmentation of forested habitats.
During the first half of the 20th century, forested areas were
drastically reduced for intensive agricultural uses. Only small areas
of the montane forests remained. In the last half of this century early
secondary forests have developed in areas that are no longer under
intensive cultivation, and these secondary forests connect patches of
more mature forests that were previously isolated. Nevertheless, both
hawk species are restricted to the mature montane forests and have not
been observed in these secondary forests (Delannoy, pers. comm.). Both
species were searched for, but not sighted, in other upland forested
habitats in central parts of Puerto Rico.
Extant populations of these species occur in low numbers. The total
population estimate of 124 broad-winged hawks island-wide is very low.
Broad-winged hawks have experienced a local population decline of
approximately 50 percent in the Caribbean National Forest (Delannoy
1992). Total population numbers are significantly low in both the
Carite and Rio Abajo forests. The sharp-shinned hawk has experienced a
60 percent decline in the Carite forest and 93 percent decline in the
Caribbean National Forest (Delannoy 1992).
Timber harvest and management practices that would result in a
reduction in numbers or in the diminishing of habitat quality of
species already limited in their abundance and distribution could be
detrimental. Cruz and Delannoy (1986) found that 50 percent of the
nesting areas in the Maricao forest were in plantations of maria
(Calophyllum brasiliense). They established that timber harvest and
management practices could have negative effects on sharp-shinned hawks
if vegetation structural features such as high stem density and canopy
closure were not maintained. Adequate nest site habitat in the Maricao
forest was considered to be in limited supply. Any activities that
modify required structural features of vegetation in sharp-shinned hawk
nesting areas could result in the reduction of the effective population
size. Sharp-shinned hawks showed a strong nest site tenacity and
returned year after year to the same nesting areas (Cruz and Delannoy
1986).
Road construction in the forests (related to timber programs and/or
recreational activities) could result in substantial habitat alteration
and fragmentation. Also, roads could provide a chronic source of human
disturbance, reducing habitat effectiveness for species with a strong
need for isolation. Roads could increase animal harvest and the
introduction of exotic fauna. Road construction and/or road repair have
been proposed in the Caribbean National Forest. In the Rio Abajo
forest, the construction of highway P.R. 10 from Arecibo to Ponce,
which has been under way for several years, could affect the broad-
winged hawk population. Delannoy (1992) documented, from the P.R.
Highway and Transportation Authority files, that approximately 2.5
kilometers of the P.R. 10 will enter and cut through forest land in the
northeastern corner, where high densities of broad-winged hawks were
detected. Bulldozer activities were reported less than 500 meters from
lookout sites in the forest. He estimated that approximately 3.79
hectares of apparently prime broad-winged hawk habitat will be
destroyed by the road.
Construction of recreational facilities has been proposed for the
western and northern sides of the Caribbean National Forest, areas
where both species occur. Such recreation facilities could potentially
eliminate habitat or bring human activities too close to preferred
nesting areas. Raptors are particularly sensitive to disturbance near
their nesting territories. In the Carite forest increasing pressure for
new recreation facilities has been identified (Delannoy 1992). In the
Maricao forest, Cruz and Delannoy (1986) found that nest failures
related to direct human harassment ranked third in importance among all
causes. Five nesting areas in Maricao forest are in, or less than 100
meters from, the camping and picnic areas. Some of the traditional
nesting areas for the Puerto Rican sharp-shinned hawk in the Toro Negro
forest lie near recreation facilities (Cruz and Delannoy 1986).
Increased pressure for recreation from a growing human population could
bring about frequent and regular human disturbance near nest sites.
Increased pressure for new right-of-way access to farms through the
Carite forest land, and the establishment of new communication
facilities, could also destroy prime habitat or bring human activities
too close to broad-winged hawks. Delannoy (1992) documented that
destruction of substantial caimitillo-granadillo habitat occurred in
the right-of-way access through Camino El Seis in the north-central
part of the Carite forest. This author also reported the establishment
of new communication facilities along an access road through sector
Farallon in the northwestern part of the forest where the highest
broad-winged hawk densities have been reported.
In the Maricao forest, the Puerto Rico Energy Power Authority has a
power substation located in the lower montane wet forest life zone, the
center of sharp-shinned hawk nesting habitat. Many kilometers of aerial
power lines run through forest lands. The access road for the
substation is located adjacent to sharp-shinned hawk habitat in the
subtropical wet forest life zone (Delannoy 1992). The construction of
this access road resulted in the destruction of approximately 2.6
hectares of sharp-shinned hawk habitat (Delannoy 1992). The
construction of new communication infrastructure or the enlargement of
the existing infrastructure could potentially eliminate important
sharp-shinned hawk habitat.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Taking for these purposes has not been a documented factor in the
decline of these species. Nevertheless, the size and the appearance of
these birds make them a potentially attractive target for some hunters.
C. Disease or Predation
The mortality of sharp-shinned hawk nestlings due to parasitism by
the warble fly Philornis spp. has been documented. Studies conducted in
Maricao forest attributed 61 percent of nestling mortality to Philornis
parasitism (Cruz and Delannoy 1986).
D. The Inadequacy of Existing Regulatory Mechanism
The Puerto Rican sharp-shinned hawk was designated by the
Commonwealth Department of Natural Resources as a threatened species in
1985. Existing Commonwealth regulations for the protection of
threatened and endangered species have not been effective at preventing
habitat destruction or alteration. The Puerto Rican broad-winged hawk
is not protected by Commonwealth regulations.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
One of the most important factors affecting these species in Puerto
Rico is their limited distribution and low numbers. The Puerto Rican
broad-winged hawk experienced a local population decline of
approximately 50 percent in the Caribbean National Forest (from 50
individuals in 1984 to 22 in 1992). The Puerto Rican sharp-shinned hawk
experienced a 40 percent population decline in a period of 7 years
(from 250 individuals in 1985 to 150 in 1992). Locally, the Carite
population experienced a 60 percent decline, and the Caribbean National
Forest population a 93 percent decline. Decline of both species has
been attributed to possible direct and indirect effects from hurricane
Hugo in 1989.
The extensive devastation from hurricanes may be particularly
detrimental to species with small population size and long generation
time, such as the broad-winged hawk and sharp-shinned hawk.
Additionally, there may also be a long-term reduction in effective
population size if the hawks prove to require habitat characteristics
not presently available in the storm-damaged forest.
The lack of comprehensive management plans for the Commonwealth
forests could be considered a serious threat for these species. In
absence of such plans, policy makers and managers lack basic
information on which to base decisions related to the best use and
management of forest resources.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by these two species in determining to propose
this rule. Based on this evaluation, the preferred action is to list
the Puerto Rican broad-winged hawk and the Puerto Rican sharp-shinned
hawk as endangered.
The Puerto Rican broad-winged hawk populations are extremely small
and limited to only three montane forests. Significant adverse effects
to this species or its habitat could drive it to extinction. The
potential for illegal shooting, increased human disturbance and the
loss of prime habitat in the forests constitute serious threats to the
continued survival of the species. The Puerto Rican sharp-shinned hawk
has experienced a 40 percent decline in a period of 7 years. The
potential for alteration of the species' habitat, human disturbance,
illegal shooting, and nestling parasitism by warble flies constitute
serious threats to the continued survival of the species. A decision to
determine only threatened status would not adequately reflect the
evident rarity and threats confronting these species. A decision to
take no action would exclude these species from benefits provided by
the Endangered Species Act. Endangered status is therefore appropriate.
Critical Habitat
Section 4(a)(3) of the Act, as amended, requires that, to the
maximum extent prudent and determinable, the Secretary propose critical
habitat at the time a species is proposed to be endangered or
threatened. The Service's 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 activity and the 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, in the case of the latter situation,
designation of critical habitat is not prudent for these species due to
lack of benefit.
Section 7(a)(2) and regulations codified at 50 CFR part 402 require
Federal agencies to ensure, in consultation with and with the
assistance of the Service, that activities they authorize, fund, or
carry out are not likely to jeopardize the continued existence of
listed species or destroy or adversely modify their critical habitat,
if designated. (See ``Available Conservation Measures'' section for a
further discussion of Section 7.) As part of the development of this
proposed rule, the U.S. Forest Service and the Puerto Rico Department
of Natural Resources (DNR) were provided available information on the
distribution and threats to the two hawks. Should any future projects
be proposed in areas inhabited by these hawks, the two agencies will
already have the information needed to determine if the species may be
impacted by the proposed action.
Regulations promulgated for implementing Section 7 provide for both
a jeopardy standard, based on listing alone, and for a destruction or
adverse modification standard, in cases where critical habitat has been
designated. The Puerto Rican broad-winged and sharp-shinned hawks
occupy restricted areas within the borders of the Caribbean National
Forest and several Commonwealth forests. Any significant adverse
modification or destruction of their habitat would likely jeopardize
their continued existence. Under these conditions, the standards for
jeopardy and adverse modification are essentially equivalent.
Therefore, no additional protection for the species would accrue from
critical habitat designation that would not also accrue from listing
these species. Once listed, the Service believes that protection of
their habitat can be accomplished through the Section 7 jeopardy
standard, and through Section 9 prohibitions against take. It is more
likely, however, that any federally related actions of concern will
receive early review and any problems will be resolved informally.
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.
The protection required of Federal agencies and the prohibitions
against taking 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
informally 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 adversely affect a listed species or its critical habitat, the
responsible Federal agency must enter into formal consultation with the
Service.
In the case of the two hawks, Federal involvement relates to
activities to be conducted or permitted by the U.S. Forest Service in
the Caribbean National Forest, or by other Federal agencies in
Commonwealth forests. Federal funds or permits could be involved in the
construction, maintenance or enlargement of facilities such as power
substations, communication towers, and roads and trails in Commonwealth
forests. Federal funds could be utilized by the Department of Resources
in the management of Commonwealth forests.
The Act and implementing regulations found at 50 CFR 17.21 set
forth a series of general prohibitions and exceptions that apply to all
endangered wildlife. These prohibitions, in part, make it illegal for
any person subject to the jurisdiction of the United States to take
(includes harass, harm, pursue, hunt, shoot, wound, hill, trap, or
collect; or to attempt any of these), import or export, ship in
interstate commerce in the course of commercial activity, or sell or
offer it for sale in interstate or foreign commerce any listed species.
It also is illegal to possess, sell, deliver, carry, transport, or ship
any such wildlife that has been taken illegally. Certain exceptions
apply to agents of the Service and Commonwealth conservation agencies.
Permits may be issued to carry out otherwise prohibited activities
involving endangered wildlife species under certain circumstances.
Regulations governing permits are at 50 CFR 17.22 and 17.23. Such
permits are available for scientific purposes, to enhance the
propagation or survival of the species, and/or for incidental take in
connection with otherwise lawful activities.
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 the Puerto Rican broad-winged hawk and
the Puerto Rican sharp-shinned hawk;
(2) The location of any additional populations of these two
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
these species; and
(4) Current or planned activities in the subject areas and their
possible impacts on any of these two species.
Final promulgation of a regulation on the Puerto Rican broad-winged
hawk and the Puerto Rican sharp-shinned hawk 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 Endangered Species Act provides for a public hearing on this
proposal, if requested. Requests must be received within 45 days of the
date of publication of the proposal. Such requests must be made in
writing and addressed to the Field Supervisor, U.S. Fish and Wildlife
Service, Caribbean Field Office, P.O. Box 491, Boqueron, Puerto Rico
00622.
National Environmental Policy Act
The Fish and Wildlife Service has determined that an Environmental
Assessment, as defined under the authority of the National
Environmental Policy Act of 1969, need not be prepared in connection
with regulations adopted pursuant to Section 4(a) of the Endangered
Species Act 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
Bowdish, B.S. 1902. Birds of Porto Rico. The Auk 19: 356-366; The
Auk 20: 10-23.
Cruz, A., and C.A. Delannoy. 1986. Status, breeding biology and
conservation needs of the Puerto Rican sharp-shinned hawk, Accipiter
striatus venator. Final report submitted to the U.S. Fish and
Wildlife Service as specified in work contract no. 14-16-0004-82-
031.
Danforth, S.T. 1931. Puerto Rican Ornithological Records. J. of
Agriculture of the University of Puerto Rico 15: 33-106.
Danforth, S.T., and J.A. Smyth. 1935. The Puerto Rican forms of the
broad-winged hawk. J. of Agriculture of the University of Puerto
Rico 19:485-486.
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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,
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, and Transportation.
Proposed Regulations Promulgation
Accordingly, it is hereby proposed 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. Stat. 3500; unless otherwise noted.
2. Sec. 17.12(h) is amended by adding the following, in
alphabetical order, under BIRDS, to the List of Endangered and
Threatened Wildlife to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate population
----------------------------------------------- Historic range where endangered or Status When Critical Special
Common name Scientific name threatened listed habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Birds
* * * * * * *
Hawk, Puerto Rican Buteo platypterus U.S.A. (PR)........... Entire................ E.................... ........ NA......... NA
broad-winged. brunnescens.
Hawk, Puerto Rican Accipiter striatus U.S.A. (PR)........... Entire................ E.................... ........ NA......... NA
sharp-shinned. venator.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: December 2, 1993
Richard N. Smith,
Acting Director, Fish and Wildlife Service.
[FR Doc. 93-32052 Filed 12-30-93; 8:45 am]
BILLING CODE 4310-55-P