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with listing a species as an endangered our responsibilities to work directly recordkeeping requirements, or threatened species under the with tribes in developing programs for Transportation. Endangered Species Act. We published healthy ecosystems, to acknowledge that a notice outlining our reasons for this tribal lands are not subject to the same Regulation Promulgation determination in the Federal Register controls as Federal public lands, to Accordingly, we amend part 17, on October 25, 1983 (48 FR 49244). remain sensitive to Indian culture, and subchapter B of chapter I, title 50 of the to make information available to tribes. Code of Federal Regulations, as follows: Government-to-Government No tribal lands occur in or Relationship With Tribes the Virgin Islands. PART 17—[AMENDED] In accordance with the President’s References Cited memorandum of April 29, 1994 ■ A complete list of references cited in 1. The authority citation for part 17 (Government-to-Government Relations this rulemaking is available on the continues to read as follows: with Native American Tribal Internet at http://www.regulations.gov Authority: 16 U.S.C. 1361–1407; 1531– Governments; 59 FR 22951), Executive under Docket No. FWS–R4–ES–2013– Order 13175 (Consultation and 1544; and 4201–4245, unless otherwise 0103 and upon request from the noted. Coordination With Indian Tribal Ecological Services Field Governments), and the Department of Office (see FOR FURTHER INFORMATION ■ 2. Amend § 17.12(h) by adding entries the Interior’s manual at 512 DM 2, we CONTACT). for ‘‘Agave eggersiana’’, ‘‘Gonocalyx readily acknowledge our responsibility concolor’’, and ‘‘ rupicola’’ in to communicate meaningfully with Authors recognized Federal Tribes on a alphabetical order under FLOWERING The primary authors of this final rule to the List of Endangered and government-to-government basis. In are the staff members of the Caribbean Threatened Plants, to read as follows: accordance with Secretarial Order 3206 Ecological Services Field Office. of June 5, 1997 (American Indian Tribal § 17.12 Endangered and threatened plants. Rights, Federal-Tribal Trust List of Subjects in 50 CFR Part 17 Responsibilities, and the Endangered Endangered and threatened species, * * * * * Species Act), we readily acknowledge Exports, Imports, Reporting and (h) * * *

Species Historic Family Status When Critical Special Scientific name Common name range listed habitat rules

FLOWERING PLANTS

******* Agave eggersiana .... No common name .. St. Croix, USVI ...... Agavaceae ...... E 848 17.96(a) NA

******* Gonocalyx concolor No common name .. Puerto Rico ...... Ericaceae ...... E 848 17.96(a) NA

******* ..... No common name .. Puerto Rico ...... ...... T 848 17.96(a) NA

*******

* * * * * DEPARTMENT OF THE INTERIOR name), Gonocalyx concolor (no common Dated: August 26, 2014. name), and Varronia rupicola (no Fish and Wildlife Service common name), under the Endangered Rowan W. Gould, Species Act of 1973, as amended (Act). Acting Director, U.S. Fish and Wildlife 50 CFR Part 17 In total, we are designating Service. [Docket No. FWS–R4–ES–2013– approximately 50.6 acres (20.5 hectares) [FR Doc. 2014–21231 Filed 9–8–14; 8:45 am] 0040;4500030114] of critical habitat for A. eggersiana in St. BILLING CODE 4310–55–P Croix, U.S. Virgin Islands (USVI), 198 ac RIN 1018–AZ79 (80.1 ha) for G. concolor in Puerto Rico, Endangered and Threatened Wildlife and 6,547 ac (2,648 ha) for V. rupicola and Plants; Designation of Critical in southern Puerto Rico and Vieques Habitat for Agave eggersiana, Island. The effect of this regulation is to Gonocalyx concolor, and Varronia conserve habitat for these plants under rupicola the Act. DATES: This rule is effective October 9, AGENCY: Fish and Wildlife Service, 2014. Interior. ADDRESSES: ACTION: Final rule. This final rule is available on the Internet at http:// SUMMARY: We, the U.S. Fish and www.regulations.gov and at the Wildlife Service (Service), designate Caribbean Ecological Services Field critical habitat for three Caribbean Office. Comments and materials we plants, Agave eggersiana (no common received, as well as some supporting

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documentation we used in preparing rupicola as a threatened species, is comment letters addressing the this rule, are available for public published elsewhere in today’s Federal proposed critical habitat designation or inspection at http:// Register. the draft economic analysis. We did not www.regulations.gov. All of the We have prepared an economic receive any requests for a public hearing comments, materials, and analysis of the designation of critical during either comment period. All documentation that we considered in habitat. We have prepared an analysis substantive information provided this rulemaking are available by of the economic impacts of the critical during comment periods has either been appointment, during normal business habitat designations and related factors. incorporated directly into this final hours at: U.S. Fish and Wildlife Service, We announced the availability of the determination or is addressed below. draft economic analysis (DEA) in the Caribbean Ecological Services Field Peer Review Office, P.O. Box 491, Road 301 Km. 5.1, Federal Register on May 21, 2014 (79 Boquero´n, PR 00622; telephone (787) FR 29150), allowing the public to In accordance with our peer review 851–7297; facsimile (787) 851–7440. provide comments on our analysis. We policy published on July 1, 1994 (59 FR The coordinates or plot points or both have analyzed the comments. We have 34270), we solicited expert opinions from which the maps are generated are completed a final economic analysis from nine knowledgeable individuals included in the administrative record (FEA) concurrently with this final with scientific expertise that included for this critical habitat designation and determination. familiarity with the species, the are available at http:// Peer review and public comment. We geographic region in which the species www.regulations.gov at Docket No. sought comments from nine occurs, and conservation biology FWS–R4–ES–2013–0040, and at the independent specialists to review our principles. We received a response from Caribbean Ecological Services Field technical assumptions and analysis, and one of the peer reviewers. Although the Office or at http://www.fws.gov/ whether or not we used the best peer reviewer was supportive of the caribbean (see FOR FURTHER INFORMATION information, to ensure that this proposed critical habitat designation, he CONTACT). Any additional tools or designation of critical habitat is based did not provide any additional supporting information that we on scientifically sound data and information, clarifications, or developed for this critical habitat analyses. We obtained opinions from suggestions to improve this final critical designation will also be available at the one of those individuals. This peer habitat rule. Fish and Wildlife Service Web site and reviewer generally concurred with our Public Comments Field Office set out above, and may also methods and conclusions. We also considered all comments and During the public comment periods, be included in the preamble and at we received one comment letter http://www.regulations.gov. information we received from the public during the comment period. addressing the proposed critical habitat. FOR FURTHER INFORMATION CONTACT: The information in the letter was Marelisa Rivera, Deputy Field Previous Federal Actions positive and in support of the proposed Supervisor, U.S. Fish and Wildlife Please refer to the proposed listing designation. Service, Caribbean Ecological Services rule for Agave eggersiana, Gonocalyx The commenter did state that critical Field Office, (see ADDRESSES). Persons concolor, and Varronia rupicola habitat must buffer the species from who use a telecommunications device published on October 22, 2013 (78 FR climate change; the designation should for the deaf (TDD) may call the Federal 62560) for a detailed description of not protect only occupied areas. We did Information Relay Service (FIRS) at previous Federal actions concerning not have specific information on 800–877–8339. these species. potential climate-change-related, on-the- SUPPLEMENTARY INFORMATION: ground effects in these areas or on these Summary of Comments and plants, nor did we receive any Executive Summary Recommendations information as a result of our request for Why we need to publish a rule. Under We requested written comments from such information in the proposed rule. the Act, when we determine that a the public on the proposed designation However, based on the best available species is endangered or threatened, we of critical habitat for Agave eggersiana, scientific and commercial information, must designate critical habitat to the Gonocalyx concolor, and Varronia we believe that the designation is maximum extent prudent and rupicola during two comment periods. sufficient to provide for the recovery of determinable. Designations of critical The first comment period opened with the species. In addition, according to habitat can only be completed by the publication of the proposed rule (78 our evaluation of the area, we included issuing a rule. FR 62529) on October 22, 2013, and unoccupied areas for Agave eggersiana This rule consists of: A final rule for closed on December 23, 2013. We also and Varronia rupicola that we designation of critical habitat for Agave requested comments on the proposed determined to be essential for the eggersiana, Gonocalyx concolor, and critical habitat designation and DEA conservation of the species (see Criteria Varronia rupicola. We are designating: during a comment period that opened Used to Identify Critical Habitat, below). • Approximately 50.6 acres (20.5 May 21, 2014, and closed on June 20, Summary of Changes From Proposed hectares) of critical habitat for A. 2014 (79 FR 29150). We also contacted Rule eggersiana on six units in St. Croix, U.S. appropriate Federal, State, and local Virgin Islands (USVI). agencies; scientific organizations; and Information we received during the • Approximately 198 ac (80.1 ha) for other interested parties and invited comment periods did not result in any G. concolor on two units in Puerto Rico. them to comment on the proposed rule substantive changes to this final rule. • Approximately 6,547 ac (2,648 ha) and draft economic analysis during Critical Habitat for V. rupicola on seven units in these comment periods. southern Puerto Rico and Vieques During the first comment period, we Background Island. received two comment letters Critical habitat is defined in section 3 The final rule listing Agave addressing the proposed critical habitat of the Act (16 U.S.C. 1531 et seq.) as: eggersiana and Gonocalyx concolor as designation. During the second (1) The specific areas within the endangered species, and Varronia comment period, we did not receive any geographical area occupied by the

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species, at the time it is listed in are included in a critical habitat When we are determining which areas accordance with the Act, on which are designation if they contain physical or should be designated as critical habitat, found those physical or biological biological features (1) which are our primary source of information is features. essential to the conservation of the generally the information developed (a) Essential to the conservation of the species and (2) which may require during the listing process for the species, and special management considerations or species. Additional information sources (b) Which may require special protection. For these areas, critical may include the recovery plan for the management considerations or habitat designations identify, to the species, articles in peer-reviewed protection; and extent known using the best scientific journals, conservation plans developed (2) Specific areas outside the and commercial data available, those by States and counties, scientific status geographical area occupied by the physical or biological features that are surveys and studies, biological species at the time it is listed, upon a essential to the conservation of the assessments, other unpublished determination that such areas are species (such as space, food, cover, and materials, or experts’ opinions or essential for the conservation of the protected habitat). In identifying those personal knowledge. species. physical or biological features within an Habitat is dynamic, and species may Conservation, as defined under area, we focus on the principal move from one area to another over section 3 of the Act, means to use and biological or physical constituent time. We recognize that critical habitat the use of all methods and procedures elements (primary constituent elements designated at a particular point in time that are necessary to bring an such as roost sites, nesting grounds, may not include all of the habitat areas endangered or threatened species to the seasonal wetlands, water quality, tide, that we may later determine are point at which the measures provided soil type) that are essential to the necessary for the recovery of the pursuant to the Act are no longer conservation of the species. Primary species. For these reasons, a critical necessary. Such methods and constituent elements are those specific habitat designation does not signal that procedures include, but are not limited elements of the physical or biological habitat outside the designated area is to, all activities associated with features that provide for a species’ life- unimportant or may not be needed for scientific resources management such as history processes and are essential to recovery of the species. Areas that are research, census, law enforcement, the conservation of the species. important to the conservation of the habitat acquisition and maintenance, Under the second prong of the Act’s species, both inside and outside the propagation, live trapping, and definition of critical habitat, we can critical habitat designation, will be transplantation, and, in the designate critical habitat in areas subject to: (1) Conservation actions extraordinary case where population outside the geographical area occupied implemented under section 7(a)(1) of pressures within a given ecosystem by the species at the time it is listed, the Act, (2) regulatory protections cannot be otherwise relieved, may upon a determination that such areas afforded by the requirement in section include regulated taking. are essential for the conservation of the 7(a)(2) of the Act for Federal agencies to Critical habitat receives protection species. For example, an area currently insure their actions are not likely to under section 7 of the Act through the occupied by the species but that was not jeopardize the continued existence of requirement that Federal agencies occupied at the time of listing may be any endangered or threatened species, ensure, in consultation with the Service, essential to the conservation of the and (3) section 9 of the Act’s that any action they authorize, fund, or species and may be included in the prohibitions on taking any individual of carry out is not likely to result in the critical habitat designation. We the species, including taking caused by destruction or adverse modification of designate critical habitat in areas actions that affect habitat. Federally critical habitat. The designation of outside the geographical area occupied funded or permitted projects affecting critical habitat does not affect land by a species only when a designation listed species outside their designated ownership or establish a refuge, limited to its range would be inadequate critical habitat areas may still result in wilderness, reserve, preserve, or other to ensure the conservation of the jeopardy findings in some cases. These conservation area. Such designation species. protections and conservation tools will does not allow the government or public Section 4 of the Act requires that we contribute to recovery of this species. to access private lands. Such designate critical habitat on the basis of Similarly, critical habitat designations designation does not require the best scientific and commercial data made on the basis of the best available implementation of restoration, recovery, available. Further, our Policy on information at the time of designation or enhancement measures by non- Information Standards Under the will not control the direction and Federal landowners. Where a landowner Endangered Species Act (published in substance of future recovery plans, requests Federal agency funding or the Federal Register on July 1, 1994 (59 habitat conservation plans (HCPs), or authorization for an action that may FR 34271)), the Information Quality Act other species conservation planning affect a listed species or critical habitat, (section 515 of the Treasury and General efforts if new information available at the consultation requirements of section Government Appropriations Act for the time of these planning efforts calls 7(a)(2) of the Act would apply, but even Fiscal Year 2001 (Pub. L. 106–554; H.R. for a different outcome. in the event of a destruction or adverse 5658)), and our associated Information modification finding, the obligation of Quality Guidelines provide criteria, Physical or Biological Features the Federal action agency and the establish procedures, and provide In accordance with section 3(5)(A)(i) landowner is not to restore or recover guidance to ensure that our decisions and 4(b)(1)(A) of the Act and regulations the species, but to implement are based on the best scientific data at 50 CFR 424.12, in determining which reasonable and prudent alternatives to available. They require our biologists, to areas within the geographical area avoid destruction or adverse the extent consistent with the Act and occupied by the species at the time of modification of critical habitat. with the use of the best scientific data listing to designate as critical habitat, Under the first prong of the Act’s available, to use primary and original we consider the physical or biological definition of critical habitat, areas sources of information as the basis for features essential to the conservation of within the geographical area occupied recommendations to designate critical the species and which may require by the species at the time it was listed habitat. special management considerations or

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protection. These include, but are not Dry forest structure is greatly saturated with moisture, frequently limited to: influenced by wind, salt spray, and the enveloped in clouds, and both aerial (1) Space for individual and presence of fresh water. Some of the and superficial roots are common population growth and for normal native tree species that are common in (Weaver et al.1986, p. 79). The behavior; subtropical dry forest in the USVI are association in this area is generally (2) Food, water, air, light, minerals, or simaruba (L.) Sarg. (gumbo comprised by few species of native trees other nutritional or physiological limbo), Amyris elemifera L. (torch and native ferns, and is dense with requirements; wood), Capparis cynophallophora L. epiphytes, including bromeliads and (3) Cover or shelter; (Jamaican caper), rickseckeri mosses (Weaver et al. 1986, p. 79). The (4) Sites for breeding, reproduction, or Millsp. (black manjack), Pisonia native tree composition includes: rearing (or development) of offspring; subcordata Sw. (water mampoo), Tabebuia schumanniana (roble and Plumeria alba L. (white frangipani), and colorado), Tabebuia rigida (roble de (5) Habitats that are protected from Pictetia aculeata (Vahl) Urban (fustic) sierra), Ocotea spathulata (nemoca disturbance or are representative of the (Brandeis and Oswalt, 2007, p. 13; Ewel cimarrona), Eugenia borinquensis historical, geographical, and ecological and Whitmore 1973, p. 16; Chakroff (guayabota), Clusia minor (cupey de distributions of a species. 2010, p. 8). monte), and Prestoea acuminata var. We derive the specific physical or Plant communities where Agave montana (sierra palm) (Weaver et al. biological features essential for Agave eggersiana occurs are coastal cliffs with 1986, p. 80; Silander et al. 1986, p. 191). eggersiana, Gonocalyx concolor, and sparse or no vegetation and coastal Additionally, some areas were planted Varronia rupicola from studies of these shrubland areas. The plant community with Eucalyptus robusta (O. Monsegur, species’ habitat, ecology, and life history in these areas is predominately native UPRM, unpublished data, 2006). as described in the Critical Habitat vegetation and no competitive, The ausubo forest is only found along section of the proposed rule to designate nonnative, invasive plant species or the Rio Grande de Patillas River basin critical habitat published in the Federal such species in quantities low enough to and intermittent streams between 2,000 Register on October 22, 2013 (78 FR have minimal effects on the survival of ft (620 m) and 2,300 ft (720 m) of 62529), and in the information A. eggersiana. These communities and elevation (DNR 1976, p. 169), occupying presented below. Unfortunately, little is their associated native plant species are approximately 179.2 ac (72.5 ha) in the known of the specific habitat provided in the Status Assessment for Charco Azul area within the Carite requirements for the three Caribbean A. eggersiana (see Habitat section of our Commonwealth Forest (Silander et al. plants. To identify the physical and proposed listing rule published on 1986, p.190). The ausubo forest is biological needs of the species, we have October 22, 2013 (78 FR 62560)). characterized by evergreen vegetation, relied on current conditions at locations Therefore, based on the above high species richness, rapid growth rate where the three species exist and the information, we identify the vegetation of successional trees, epiphytic ferns, limited information available for these composition areas (e.g., dry coastal cliffs bromeliads, and orchids (Ewel and species. Additional information can be and dry shrubland) as an essential Whitmore 1973, p. 32). The vegetation found in the final listing rule published physical or biological feature for this in this area is generally comprised of in elsewhere in today’s Federal species. native trees (i.e., Manilkara bidentata Register. We have determined that the Gonocalyx concolor (ausubo), Dacryodes excelsa (tabonuco), following physical or biological features Guarea guidonia (), and Gonocalyx concolor is a Puerto Rican are essential for Agave eggersiana, Cyrilla racemiflora (swamp titi)) endemic plant species that has been Gonocalyx concolor, and Varronia (Francis and Lowe 2000, p. 345; DNER found growing only in the elfin and rupicola. 2008, p. 2). ausubo (Manilkara bidentata) forests Gonocalyx concolor has been found Space for Individual and Population within the Carite Commonwealth growing on the canopy of the tallest tree Growth and for Normal Behavior Forest, which lies within the areas, growing on tree trunks municipalities of Cayey, Patillas, and Agave eggersiana (epiphytic), clambering (using other San Lorenzo in east-central Puerto Rico. vegetation as support), and lying on the Agave eggersiana is endemic to the Zonation of forests within montane litter in the forest floor (C. Pacheco and island of St. Croix, USVI. The species is habitats on tropical islands is O. Monsegur, Service, unpublished found growing in the subtropical dry condensed into a narrow altitudinal report, 2013, p. 3). The life history of forest zone, which covers about 72 range (Weaver et al. 1986, p. 79). Both this species has not been studied; percent of the surface of St. Croix. The the elfin and ausubo forests are within however, it seems that the elfin and the variables used to delineate any given the subtropical lower montane very wet ausubo forests provide space for life zone are defined by mean annual forest life zone and have similar climate individuals and population growth of G. precipitation and mean annual bio- conditions (Ewel and Whitmore 1973, p. concolor. Furthermore, the climate in temperature (Ewel and Whitmore 1973, 32). these forests appears to support the p. 2), and are characterized by an The elfin forest is found on exposed normal behavior, growth, and viability association of animals and plants (Mac peaks and ridges of Cerro La Santa, of G. concolor during most of its life et al. 1998, p. 317). Subtropical dry above 2,900 ft (880 m) in elevation from stages, suggesting the species may be a forests are lowland semi-deciduous and sea level, occupying approximately 24.9 dwell obligate of these types of habitat, lowland drought deciduous forest. The acres (ac) (10.1 hectares (ha)) in the as it has not been found elsewhere. vegetation in this life zone usually Carite Commonwealth Forest (Silander Changes in temperature, humidity, and consists of a nearly continuous, single- et al. 1986, p. 178). The elfin forest solar insolation result in changes in layered canopy, with little ground vegetation is characterized by gnarled habitat condition and vegetation cover. Tree heights usually do not trees less than 7 meters tall, high basal composition, with serious effects on G. exceed 49 feet (ft) (15 meters (m)), and area, small diameters, a large number of concolor (see the Summary of Factors crowns are typically broad, spreading, stems per unit area, and extremely slow Affecting the Species section of our final and flattened (Ewel and Whitmore 1973, growth rates (Ewel and Whitmore 1973, listing rule, which is published p. 10). p. 45). The vegetation is commonly elsewhere in today’s Federal Register).

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Therefore, based on the above scrubland and shrubland forest that months, the ground does not retain information, we identify the vegetation occurs within the subtropical dry forest excess water and change the vegetation composition found in the elfin and the life zone overlying substrate of the dry forest structure. ausubo forests as an essential physical as an essential physical or biological Therefore, based on the information or biological feature for this species. feature for this species. above, we identify the dry climate regime that regulates the dry forest Varronia rupicola Food, Water, Air, Light, Minerals, or structure and the well-drained soils of Varronia rupicola is a Puerto Rican Other Nutritional or Physiological Cramer, Glynn, Hasselberg, Southgate, bank (biogeographical area) endemic Requirements and Victory series to be physical or that grows within the subtropical dry Agave eggersiana biological features for this species. forest life zone overlying a limestone substrate (Ewel and Whitmore 1973, p. The island of St. Croix, USVI, is Gonocalyx concolor 72). The Puerto Rican bank is a located in the Caribbean, where the The variables used to delineate any geographical unit that includes the main warm sea stabilizes air temperatures and given life zone are mean annual island of Puerto Rico, Vieques, Culebra, diurnal temperature changes precipitation and mean annual the USVI (excluding St. Croix), and the approximate annual fluctuations. The temperature. The life zones and Island of Anegada. In Puerto Rico, this mean annual temperature of the region associations of which they are at sea level is lower than 75 degrees comprised only define the potential life zone is mainly located on the south ° ° coast extending 74 miles (mi) (120 Fahrenheit ( F) (24 degrees Celsius ( C)). vegetation or range of vegetation types kilometers (km)) from the Municipality This subtropical climate results from the that might be found in an area (Ewel of Cabo Rojo to the Municipality of location of St. Croix at the lower limit and Whitmore 1973, p. 5). The mean Guayama, and to the eastern of Puerto of the tropical region (Ewel and annual precipitation at the Carite Rico, including the Island of Vieques Whitmore 1973 p. 8; Mac et al. 1998, p. Commonwealth Forest is 88.7 in (225.3 (Ewel and Whitmore 1973, p. 72; 315). cm), with February to April the drier Murphy and Lugo 1986, p. 89). The island of St. Croix has easterly months (NOAA 2013, http:// The species has been recorded in trade winds of 15 miles per hour (24 www.srh.noaa.gov/sju/?n=climo_cayey). forested hills with open to relatively kilometers per hour) or more, which The mean temperature is 72.3 °F (22.7 dense scrub and lands 6.5 to 9.8 keep the humidity relatively low °C), varying from 68 °F (20 °C) in ft (2 to 3 m) in height; in low forest with (Chakroff 2010, p. 7). This island is January to 73 °F (24 °C) in July (Silander canopy from 8 to 15 ft (3 to 5 m) high; much drier than most of the Greater et al. 1986, p.183). and at the edge of a dense, low, coastal Antilles, averaging 40 inches (in) (102 The Carite Commonwealth Forest is shrubland and forest. Varronia rupicola centimeters (cm)) of rain in the west, underlain by volcanic-sedimentary rock is associated with dry forest native and about 30 in (76 cm) in the east. Rain (DNR 1976, p. 168). The forest vegetation dominated by Gymnanthes usually comes in the form of brief topography is rough and highly lucida (shiny oysterwood, or yaitı´), tropical showers. The wettest and dissected by intermittent streams, with Exostema caribaeum (princewood, or hottest months are July to October. steep slopes ranging from 20 to 60 albarillo), Pisonia albida (corcho), Hurricane season falls within these percent. The forest’s soil is primarily Pictetia aculeata (fustic, or tachuelo), same months, with September being the comprised by Los Guineos complex Thouinia portoricensis (ceboruquillo, or most active for tropical storms. The (Silander et al. 1986, p. 179). Los serrazuela), Coccoloba krugii USVI have been hit by four major Guineos soils were formed from (whitewood), Pilosocereus royenii hurricanes in recent years: Hugo (1989), residuum gathering from sandstone (Royen’s tree cactus, or sebuca´n), Luis and Marilyn (1995), Lenny (1999), parental material and consist of very (gumbo limbo, or and Omar (2008) (Mac et al. 1998, p. deep, acidic, clayey, well-drained soils almacigo), Erithalis fruticosa (black 316; Chakroff 2010, p. 7; http:// on side slopes of mountains (NRCS torch), Guettarda krugii (frogwood, or www.srh.noaa.gov/sju/?n=mean_ 2013, p. 11). This type of soil occupies cucubano), Tabebuia heterophylla (pink annual_precipitation2). The average more than 80 percent (5,860.1 ac trumpet tree, or roble), Hypelate mid-island temperature is 78.8 °F (26 (2,371.5 ha)) of the Carite trifoliata (inkwood), Coccoloba °C), with a variation of only 5 to 9 °F (3 Commonwealth Forest, at elevations diversifolia (pigeonplum, or uvilla), to 5 °C) between the warmest and from 1,900 ft (580 m) to 3,000 ft (900 m) Cassine xylocarpa (marbletree, or coolest months (Mac et al. 1998, p. 316). from sea level (Silander et al. 1986, p. coscorro´n), Krugiodendron ferreum This type of climate regime regulates the 179). (black ironwood, or palo de hierro), dry forest structure conditions necessary Therefore, based on the information Jacquinia berterii (barkwood), for the establishment of the species. above, we identify mean annual succulenta (strongbark, or palo de vaca), Soil substrates supporting Agave precipitation of 88.7 in (225.3 cm), Crossopetalum rhacoma (maidenberry, eggersiana for anchoring or nutrient mean annual temperature of 72.3 °F or pico de paloma), Antirhea acutata absorption vary depending on the (22.7 °C), and Los Guineos type of soil (placa chiquitu, or quina), and Amyris habitat and location. The natural (i.e., very deep, acidic, clayey, well- elemifera (torchwood). populations of A. eggersiana grow on drained soils on side slopes of In the island of Anegada (British top of various soil classifications. mountains) to be physical or biological Virgin Islands), Varronia rupicola was Cramer, Glynn, Hasselberg, Southgate, features for this species. found in open limestone pavement and and Victory series are among the ones sand dunes. During a recent study in where the species can be found. The Varronia rupicola this island, the species was found in general description of the soils Like Agave eggersiana, Varronia higher abundance (based on percentage mentioned above are provided in the rupicola occurs within the subtropical occurrence across plots) on limestone, Status Assessment for A. eggersiana (see dry forest life zone (sensu Holdridge but also widespread within the sand Habitat section of our proposed listing 1967). Moisture availability as a dunes (Clubbe et al. 2004, p. 344). rule published on October 22, 2013 (78 function of shallow soils plus low Therefore, based on the above FR 62560)). The soils are all well- rainfall and its seasonality determines information, we identify remnants of drained, and although there are rainy the forest productivity, growth

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characteristics, water loss, and remnants and late successional species is also associated with a shrub physiognomy in subtropical dry forest vegetation of elfin forest, the species is layer dominated by Croton humilis, life zones where temperature tends to be normally found growing as epiphytic Eupatorium sinuatum, Lantana constant throughout the year (Lugo et al. and clambering on dead and live stand reticulata, and Turnera diffusa. 1978, p. 278). Average rainfall for the trees, and crawling over the forest floor Therefore, based on the information Gua´nica Forest (important area for the (C. Pacheco and O. Monsegur, Service, above, we identify forested hills with species in Puerto Rico) is 860 mm (Lugo unpublished data, 2013). In the ausubo open to relatively dense shrubland et al. 1996, p. 2). forest, this species has been described forest dominated by native species to be The majority of the suitable habitat growing only as epiphytic and physical or biological features for this and known populations of Varronia clambering on dead and live stand trees species. rupicola in Puerto Rico lie within the (O. Monsegur, unpublished data, 2006). Sites for Breeding, Reproduction, or Ponce limestone formation, a Mid- Both types of forest show a single Rearing (or Development) of Offspring Tertiary pink to white, fine-grain canopy layer that seldom exceeds 22 ft limestone (Lugo et al. 1996, p. 2). In (7 m) in height. Therefore, based on the Agave eggersiana information above, we identify the Puerto Rico, this formation extends from Agave eggersiana dies after producing remnants and late successional the western end of the Gua´nica (monocarpic life cycle) and vegetation of elfin and ausubo forests Commonwealth Forest, east toward the produces a large flowering scape with a single canopy layer of about 22 Municipality of Ponce (). The (massive inflorescence; a group or ft (7 m) in height to be physical or soils at the Gua´nica Forest are described cluster of flowers arranged on a stem biological features for this species. as shallow, alkaline, and derived from that is composed of a main branch or a limestone rock (Molina and Lugo 2006, Varronia rupicola complicated arrangement of branches) p. 355). According to Murphy and Lugo This species has been recorded in (Rogers 2000, p. 218). After flowering, (1986, p. 56), these soils are nutrient- the panicles (inflorescence) produce rich, but only a small fraction of the forested hills with open to relatively dense shrublands ranging between 6.5 numerous small vegetative bulbs total phosphate and potassium is readily (bulbils) (Proctor and Acevedo- available. These soil factors increase the to 9.8 ft (2 to 3 m) in height; in low forest with canopy from 8 to 15 ft (3 to Rodrı´guez 2005, p. 118). The small effects of low rainfall and its seasonality vegetative bulbils will fall near the on the vegetation. 5 m) high; and at the edge of a dense, low, coastal shrubland and forest. On parental agave and attach to the ground Therefore, based on the information on the coastal cliffs and dry coastal above, we identify shallow and alkaline the island of Anegada, the species is located on open limestone pavement shrubland. Coastal cliffs, which include soils derived from limestone rock and bare rock or sparse native vegetation, an average rainfall of 34 in (86 cm) to and sand dunes. Despite the species’ preference for gaps, it remains create an environment where the be physical or biological features for this canopy is less than 1 meter in height, species. associated to remnants of native forest. In a recent study at Anegada, and allow the bulbils to compete for Cover or Shelter Varronia rupicola was found in higher ground area. The dry coastal shrubland abundance (based on percentage includes dry forest structures where the Agave eggersiana occurrence across plots) on limestone, open canopy and open understory Agave eggersiana occurs in open but also widespread within the sand habitat also allows the bulbils to canopy and open understory habitats dunes (Clubbe et al. 2004, p. 344). This compete for ground area. These open and thrives in areas of full sun exposure kind of forest structure provides canopy or open understory structures (O. Monsegur and M. Vargas, Service, protection against environmental allow A. eggersiana good sun exposure pers. obs. 2010 and 2013). The coastal variation and stochastic events, where the species seems to thrive (for shrublands typically show a low allowing the species to recover without further discussion of these communities canopy, ranging from 3.2 to 16.4 ft (1 to compromising population numbers. The and their associated native plant 5 m) (Moser et al. 2010, Appendix A, p. species is associated to remnants of species, see the Status Assessment for A. 8–11; O. Monsegur and M. Vargas, native dry forest vegetation. At the eggersiana in the Habitat section of our Service, pers. obs. 2013). In areas where Gua´nica Commonwealth Forest, the proposed listing rule, published on native species remains dominant and most abundant species are Gymnanthes October 22, 2013 (78 FR 62560)). nonnatives have not occupied the lucida, Exostema caribaeum, Pisonia Therefore, based on the information understory, these coastal shrublands albida, Pictetia aculeata, Thouinia above, we identify the vegetation provide suitable habitat for the natural portoricensis, Coccoloba krugii, and communities in the coastal cliffs and recruitment of A. eggersiana. In Pilosocereus royenii (Murphy and Lugo dry coastal shrublands where A. addition, the bare rock of coastal cliffs 1986, p. 91). These species account for eggersiana occurs to be a physical or seems to provide an ecological niche for 50 percent of the importance value biological feature for this species. A. eggersiana. Once the species gets (abundance) within the forest and Gonocalyx concolor established on cliff areas, it may become characterize the Deciduous Forest and dominant as observed on the South Scrub Forest vegetation described by The reproductive biology and ecology Shore (Cane Garden) population. Murphy et al. (1995, p. 187). Other of Gonocalyx concolor have not been Therefore, based on the information dominant species within the V. rupicola studied. We have no information above, we identify open cover habitats habitat include Bursera simaruba, available beyond the habitat where the (e.g., open canopy or open understory) Erithalis fruticosa, Guettarda krugii, species is found and its behavior in that to be a physical or biological feature for Tabebuia heterophylla, Hypelate habitat. However, as indicated above, it this species. trifoliata, Coccoloba diversifolia, seems that the conditions of the elfin Cassine xylocarpa, Krugiodendron and ausubo forests support the normal Gonocalyx concolor ferreum, Jacquinia berterii, Bourreria behavior, growth, and viability of G. Very little is known about habitat succulenta, Crossopetalum rhacoma, concolor during most of its life stages. parameters specifically relating to cover Antirhea acutata, and Amyris elemifera Therefore, based on the information or shelter for Gonocalyx concolor. In (Murphy and Lugo 1986, p. 91). The above, we identify the elfin and ausubo

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forests to be physical or biological Therefore, based on the information Puerto Rico as a preferred site for the features for this species. above, we identify open to relatively installation of telecommunication tower dense shrubland forest (scrub forest and facilities for television and radio, and Varronia rupicola deciduous forest or shrubland) for military and governmental purposes. Varronia rupicola has been reported dominated by native species to be a These types of activities may have flowering and fruiting in December to physical or biological feature for this caused disturbance to the habitat of G. January (Breckon and Kolterman 1996, species. concolor, because Cerro La Santa is one p. 4), and in June-July (Monsegur and of the two known locations of the Breckon 2007, p. 1). production in Habitats Protected From Disturbance or species. Although the Carite the wild at the Gua´nica Commonwealth Representative of the Historical, Commonwealth Forest is under local Forest and in the Municipality of Ponce Geographic, and Ecological government protection, the area of Cerro seem to be high, and there is evidence Distributions of the Species La Santa is still vulnerable to habitat of recruitment associated to the majority Agave eggersiana modification resulting from of the clusters of individuals (Monsegur, maintenance and potential expansion of There are reports from Britton and USFWS, pers. obs. 2013). Under existing telecommunication facilities. Wilson (1923, p. 156) that Agave greenhouse conditions, Therefore, based on the information eggersiana occurred in the eastern dry germination has been reported at no less above, we identify the elfin and ausubo areas in St. Croix. This area harbors dry than 67 percent (Wenger et al. 2010, p. forests found within the Carite 23). Germination in the wild has also forest conditions and native vegetation Commonwealth Forest to be physical or been observed to be high, particularly that provide suitable habitat for A. biological features for this species. on growing exposed to sunlight. eggersiana. Most of that eastern end is However, there seems to be a high currently owned and managed for Varronia rupicola mortality (natural thinning) of seedlings, conservation by the USVI Government The species has been historically and only a few individuals make the and The Nature Conservancy. The upper recorded from the geographical area transition to sapling stages (O. slopes and steep areas of eastern St. comprising the Gua´nica Commonwealth Monsegur, Service, pers. obs. 2013). Croix provide essential dry forest Forest in southwestern Puerto Rico, and Furthermore, despite the showy red habitat conditions for the reintroduction the area of the Vieques National of V. rupicola, its dispersion and the recovery of the species. These Wildlife Refuge (NWR) in the island of seems to be limited by gravity, as the forest harbors xeric native vegetation Vieques, eastern Puerto Rico. The majority of the seedlings lie under the and forest structure that provides Gua´nica Forest was designated as a parent tree or downslope. The wide shelter, space for growing and breeding, Commonwealth forest in 1917, by range of the species suggests a former and food and water resources necessary Governor Arthur Yager, and has been animal disperser, probably a bird. for the species. However, we do not protected and managed since 1930 Material germinated in the Service have current evidence that A. eggersiana (Lugo et al. 1996, p. 2; Murphy and greenhouse at Cabo Rojo National occurs in this area. Lugo 1990, p. 15). It is now the largest Wildlife Refuge flowered and produced Since 2007, Agave eggersiana has Commonwealth-protected area over fruits about 1 year after planted (O. been introduced within U.S. National limestone substrate in Puerto Rico, with Monsegur, Service, pers. obs. 2013). The Park Service (NPS) properties (i.e., Salt an estimated area of about 10,872 ac rapid development of the species as River National Park and Ecological (4,400 ha) (Miguel Canals, DNER, pers. reproductive individuals, and the Preserve, and Buck Island Reef comm. 2009). The Gua´nica finding of individuals along recently Monument) that are outside the known Commonwealth Forest is divided in two disturbed sites (i.e., new dirt roads) and historical range of the species. In main contiguous areas: the east section, natural forest gaps, may indicate that addition, there is an intra-agency which includes the original forest area; Varronia rupicola is an early colonizer agreement under the Service’s Coastal and the west section, added after 1950 (pioneer) species of dry coastal forest. Program to restore habitat in the area (Lugo et al. 1996, p. 2). This forest is The above information highlights the and plant native flora in Salt River considered one of the best examples of importance of open to relatively low National Park and Ecological Preserve. a subtropical dry forest in the world dense shrubland forest (scrub forest and A. eggerisana is one of the plants used (Murphy and Lugo 1990, p. 15; Ewel deciduous forest or shrubland) as part of the native plant restoration and Whitmore 1973, p. 72). The Gua´nica dominated by native species for the self- agreement. Commonwealth Forest harbors remnants recruitment of the species and Therefore, based on the information of native dry forest vegetation over sustainability of the natural above, we identify the dry forest limestone pavement, some of these populations. As previously mentioned, conditions in the eastern side of St. considered as pristine forest. Since the moisture availability as a function of Croix to be part of the physical or forest has been protected and managed shallow soils, plus low rainfall and its biological features for this species. for over 90 years, native vegetation has seasonality, are the factors suggested as recovered from previous deforestation determining forest productivity, growth Gonocalyx concolor for charcoal production. As a result of characteristics, water loss, and The elfin and the ausubo forest where this, the forest harbors populations of physiognomy. The diversity within the Gonocalyx concolor currently exists are several of the rarest plants endemic to dry coastal native forest of Puerto Rico owned by the Commonwealth of Puerto the dry forest of Puerto Rico, and the is explained by the wide diversity of Rico. This land has been managed for presence of stands of invasive habitats produced by the proximity of conservation by the Puerto Rico nonnatives remains associated to areas the limestone basement to the surface Department of Natural and previously inhabited and along roads and the subsequent variation in soil Environmental Resources (DNER) since within the forest. However, it is depth. These unique native forests 1975 (back then, Department of Natural important to notice that Varronia provide the adequate and stable Resources; DNR 1976, p. 169). Before rupicola also occurs within privately environmental conditions for the 1975, the elfin forest area in Cerro La owned lands outside the Gua´nica reproduction and natural recruitment of Santa (Carite Commonwealth Forest) Commonwealth Forest, which makes it the species. was managed by the Commonwealth of vulnerable to habitat destruction.

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On Vieques Island, about 54 percent and dry coastal shrublands listed in should have shallow and alkaline soils of the land is a National Wildlife Refuge PCEs (1) and (2), above. derived from limestone rock and an managed by the Service (Vieques NWR average rainfall of 34 in (86 cm). Gonocalyx concolor CCP & EIS 2007, p. 2). Some areas (1) Elfin forest at elevations over 2,900 Special Management Considerations or within the refuge harbor suitable habitat Protections for Varronia rupicola, providing ft (880 m) in Cerro La Santa, Puerto protection to the species’ habitat and Rico, which includes: When designating critical habitat, we probably to undetected populations (a) Forest with single canopy layer assess whether the specific areas within (Vieques NWR CCP & EIS 2007, p. 2). with trees seldom exceeding 22 ft (7 m) the geographical area occupied by the However, only three patches of dry in height. species at the time of listing contain forest vegetation over limestone (b) Associated native vegetation features that are essential to the substrate that harbor V. rupicola dominated by species such as Tabebuia conservation of the species and which populations have been currently schumanniana, Tabebuia rigida, Ocotea may require special management identified in the island of Vieques and spathulata, Eugenia borinquensis, considerations or protection. only two are located within the Vieques Clusia minor, and Prestoea acuminata Agave eggersiana and Varronia rupicola NWR. The remaining third patch var. montana, native ferns, and dense The primary threats to the physical or belongs to the Commonwealth of Puerto cover with epiphytes, including biological features (PBFs) that Agave Rico. These three natural areas are bromeliads and mosses. eggersiana and Varronia rupicola adjacent and represent the remnant of (2) Ausubo forest at elevations depend on include: (1) Habitat the prime habitat for the species in between 2,000 to 2,300 ft (620 to 720 m) in the Charco Azul, which includes: destruction and modification by Vieques. development; (2) competition with Therefore, based on the information (a) Forest with single canopy layer with trees exceeding 22 ft (7 m) in nonnative plant species; (3) human- above, we identify remnants of induced fire; and (4) hurricanes and scrubland and shrubland forest that height. (b) Plant association comprised by storm surge. The majority of these occurs within the subtropical dry forest threats can be addressed by special life zone overlying limestone substrate few species of native trees and associated native vegetation (e.g., management considerations or to be physical or biological features for protection, while others (e.g., hurricanes this species. Manilkara bidentata, Dacryodes excelsa, Guarea guidonia, and Cyrilla and storm surges) are beyond the Primary Constituent Elements racemiflora), native ferns, and dense control of land owners and managers. Management activities that could Under the Act and its implementing cover with epiphytes, including bromeliads and mosses. ameliorate these threats include, but are regulations, we are required to identify not limited to, establishment of the physical or biological features (3) The type locations described in PCEs (1) and (2), above, for this species permanent conservation easements or essential to the conservation of A. land acquisition to protect the species eggersiana, G. concolor, and V. rupicola should have mean annual precipitation of 88.7 in (225.3 cm), mean annual and its habitat on private lands; in areas occupied at the time of listing, ° ° establishment of conservation focusing on the features’ primary temperature of 72.3 F (22.7 C), and Los Guineos type of soil (i.e., very deep, agreements on private, nongovernment, constituent elements. Primary and government lands to protect the constituent elements (PCEs) are those acidic, clayey, well-drained soils on side slopes of mountains). habitat; implementation of control of specific elements of the physical or invasive, nonnative plant species to biological features that provide for a Varronia rupicola reduce competition and prevent habitat species’ life-history processes and are (1) Remnants of native shrubland and degradation; implementation of essential to the conservation of the scrubland forest on limestone substrate management practices to control fires; species. within the subtropical dry forest life and creation or revision of management Based on our current knowledge of zone. Dry shrubland and scrubland plans for the identification of the areas the physical or biological features and forest includes: where current developments exist and habitat characteristics required to (a) Shrubland vegetation with canopy to better guide the implementation of sustain the species’ life-history from 6.5 to 9.8 ft (2 to 3 m) high; conservation measures for the species. processes, we determine that the PCEs (b) Limestone pavement; For A. eggersiana, precautions are specific to these three Caribbean plants (c) Associated native vegetation; and needed to avoid inadvertent mowing are: (d) A shrub layer dominated by and cutting of the species in the course Agave eggersiana Croton humilis, Eupatorium sinuatum, of landscaping activities. In addition, for Lantana reticulata, and Turnera diffusa. both A. eggersiana and V. rupicola, (1) Areas consisting of coastal cliffs (2) Semi-deciduous dry forest on development of residential and tourism and dry coastal shrublands. limestone substrate within the projects should avoid impacting these (a) Coastal cliff habitat includes: subtropical dry forest life zone. Dry habitats directly or indirectly, and (i) Bare rock; and limestone semi-deciduous forest habitat fragmentation should be limited (ii) Sparse vegetation. includes: as much as possible to maintain (b) Dry coastal shrubland habitat (a) Low forest with canopy from 8 to connectivity between populations and includes: 15 ft (3 to 5 m) high; to avoid habitat degradation due to the (i) Dry forest structure; and (b) Limestone pavement; colonization by nonnative, invasive (ii) A plant community of (c) Associated dry forest native plants. predominately native vegetation. vegetation; and (2) Well-drained soils from the series (d) A shrub layer dominated by Gonocalyx concolor Cramer, Glynn, Hasselberg, Southgate, Croton humilis, Eupatorium sinuatum, The primary threats to the PBFs that and Victory. Lantana reticulata, and Turnera diffusa. G. concolor depends on include: (1) (3) Habitat of sufficient area to sustain (3) The type locations described in Habitat destruction and modification by viable populations in the coastal cliffs PCEs (1) and (2), above, for this species development of telecommunication

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towers and associated facilities on the plants. Sources of data for the three habitat units. Critical habitat units were mountain top of Cerro La Santa; (2) Caribbean species and their habitat then mapped using ArcMap version 10 vegetation management; (3) hurricanes included multiple databases maintained (Environmental Systems Research and tropical storms; (4) landslides; (5) by universities and by State and Federal Institute, Inc.), a Geographic invasive species; and (6) human- agencies from Puerto Rico and USVI, Information Systems (GIS) program. induced fire. The majority of these reports on assessments and surveys We are also designating specific areas threats can be addressed by special throughout the species’ range, and outside the geographical area occupied management considerations or assessments of current conditions of the by Agave eggersiana at the time of protection while others (e.g., hurricanes, three Caribbean species and their listing (areas reported as historical) and landslides, and climate change) are habitat at known locations (e.g., Varronia rupicola, because the current beyond the control of land owners and Monsegur and Vargas, Service, pers. amount of habitat that is occupied is not managers. Management activities that obs. 2013; Dalmida-Smith, DPNR 2010; sufficient for the recovery of the species. could ameliorate these threats include, Moser et al. 2010). We reviewed the best Specifically, we analyzed and selected but are not limited to, implementation available information pertaining to the areas that contained the PCEs, the PBF of conservation measures with DNER to habitat requirements of the species. necessary for the establishment of the reduce threats to the species in the Specifically, the sources of information species, and natural areas of pristine or Carite Commonwealth Forest; included, but were not limited to: remnants of pristine habitat (habitat minimization of habitat disturbance, (1) Data used to prepare the listing with native vegetation and no or few fragmentation, and destruction resulting package; exotics species) that could be used to from maintenance of telecommunication (2) Observations gathered on field introduced individuals with a high facilities; prevention of fires; and visits by various agencies (Service, expectancy of survivorship and controlling invasive plant species. DPNR, and DNER); recovery. These unoccupied areas (3) Peer-reviewed articles and various would safeguard other established Criteria Used To Identify Critical agency reports; populations in case of any stochastic Habitat (4) Information from species experts; event that occurs within habitats As required by section 4(b)(2) of the and currently occupied by the species. In the Act, we use the best scientific data (5) Regional Geographic Information case of Agave eggersiana, we also took available to designate critical habitat. In System (GIS) data (such as species under consideration historical areas, accordance with the Act and our occurrence data, topography, aerial and for Varronia rupicola, we implementing regulations at 50 CFR imagery, and land ownership maps) for considered the area as a single 424.12(b), we review available area calculations and mapping. ecological unit where ecological information pertaining to the habitat Areas for critical habitat designation interactions and genetic flow is requirements of the species and identify were selected based on the limited expected to occur between the occupied areas at the time of listing that information we have gathered on the unoccupied and occupied areas. Small contain the features essential to the species and the quality of the element populations and plant species with conservation of the species. If, after occurrence(s), condition of the habitat, limited distributions, like those of identifying currently occupied areas, we and distribution within the species’ Agave eggersiana and Gonocalyx determine that those areas are range. Typically, selected areas contain concolor, are vulnerable to relatively inadequate to ensure conservation of the natural habitat that contain native flora minor environmental disturbances species we then consider, in accordance as observed in field visits. However, (Frankham 2005, pp. 135–136), and are with the Act and our implementing some lower quality occurrences, with subject to the loss of genetic diversity regulations at 50 CFR 424.12(e), whether restoration potential, were included to from genetic drift (Ellstrand and Elam designating additional areas outside ensure that critical habitat is being 1993, pp. 217–237; Leimu et al. 2006, those currently occupied is essential for designated across the species’ range and pp. 942–952; Honnay and Jacquemyn, the conservation of the species. As to avoid a potential reduction of the 2007, p. 824). Plant populations with discussed in further detail below, we are distribution of the three Caribbean lowered genetic diversity are more designating critical habitat in areas plants. The habitats upon which the prone to local extinction (Barrett and within the geographical area occupied species depends is often easily viewed Kohn 1991, pp. 4, 28). Smaller plant by the three Caribbean plant species at using aerial photography. Additionally, populations generally have lower the time of listing. We also are aerial photography provided an genetic diversity, and lower genetic designating specific areas outside the overview of the land use surrounding diversity may in turn lead to even geographical area occupied by A. the areas where the species are located. smaller populations by decreasing the eggersiana and V. rupicola that were Topographic maps and elevation data species’ ability to adapt, thereby historically occupied, but are presently provided contours and drainage patterns increasing the probability of population unoccupied at the time of listing, that were used to help identify potential extinction (Newman and Pilson 1997, p. because we have determined that such areas for growth and expansion of the 360; Palstra and Ruzzante 2008, pp. areas are essential for the conservation species. A combination of these tools, in 3428–3447). Because of the dangers of the species. For G.concolor, we are a GIS interface, allowed for the associated with small populations or not designating any areas outside the determination of the critical habitat limited distributions, the recovery of geographical area occupied by the boundaries. many rare plant species includes the species because occupied areas are We plotted all occurrence records of creation of new sites or reintroductions sufficient for the conservation of the the three Caribbean plants on maps in to ameliorate these effects. When species. geographic information system as points designating critical habitat, we consider Sites were considered occupied if the and polygons. Then, we used U.S. future recovery efforts and conservation species was documented by reports and Geological Survey (USGS) topographic of the species. if biologists observed them on site visits maps, aerial photographs, and U.S. The habitat of these species must be to the areas. We also reviewed available Forest Service (USFS)-International conserved to fulfill their recovery. information that pertains to habitat Institute of Tropical Forestry (IITF) land Furthermore, it is important to ensure requirements for the three Caribbean cover layers to delineate the critical there are enough individuals of the

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species to secure their survival into the Federal Regulations may not reflect the field office responsible for the future as well as to ensure the habitat exclusion of such developed lands. Any designation (see FOR FURTHER (with all associated plant communities) such lands inadvertently left inside INFORMATION CONTACT). is adequate for the species. At present, critical habitat boundaries shown on the Final Critical Habitat Designation there are only approximately 300 known maps of this final rule have been adult individuals of Agave eggersiana, excluded by text in the rule and are not We are designating six units as critical 31 individuals of Gonocalyx concolor, designated as critical habitat. Therefore, habitat for Agave eggersiana, two units 75 individuals of Varronia rupicola, and a Federal action involving these lands for Gonocalyx concolor, and seven units only few areas where the three species will not trigger section 7 consultation for Varronia rupicola as critical habitat. have been documented. Although at this with respect to critical habitat and the The critical habitat areas described moment we do not know how many requirement of no adverse modification below constitute our best assessment at individuals would suffice to safeguard unless the specific action would affect this time of areas that meet the these species, having limited the physical or biological features in the definition of critical habitat. The units populations in limited areas is adjacent critical habitat. are: (1) Cane Garden, (2) Manchenil, (3) Great Pond, (4) Protestant Cay, (5) East detrimental to the species, and even The critical habitat designation is End South, and (6) East End North for more detrimental if threats are not defined by the map or maps, as Agave eggersiana; (1) Cerro La Santa ameliorated. modified by any accompanying and (2) Charco Azul for Gonocalyx When determining critical habitat regulatory text, presented at the end of concolor; (1) Montalva, (2) Gua´nica boundaries within this final rule, we this document in the Regulation Commonwealth Forest, (3) Montes de made every effort to avoid including Promulgation section. We include more Barina, (4) Pen˜ o´n de Ponce, (5) Punta developed areas such as lands covered detailed information on the boundaries Negra, (6) Puerto Ferro, and (7) Cerro by buildings, pavement, and other of the critical habitat designation in the Playuela for Varronia rupicola. Tables 1, structures because such lands lack preamble of this document. We will 2, and 3 shows the critical habitat units physical or biological features for Agave make the coordinates or plot points or for Agave eggersiana, Gonocalyx eggersiana, Gonocalyx concolor, and both on which each map is based concolor, and Varronia rupicola, Varronia rupicola. The scale of the available to the public on http:// respectively. maps we prepared under the parameters www.regulations.gov at Docket No. for publication within the Code of FWS–R4–ES–2013–0040, and at the Agave eggersiana

TABLE 1—OCCUPANCY OF AGAVE EGGERSIANA BY DESIGNATED CRITICAL HABITAT UNITS [Area estimates reflect all land within critical habitat unit boundaries.]

Size of unit Critical habitat unit Occupied at time of listing Land ownership in acres (hectares)

Agave eggersiana

1. Cane Garden ...... Yes ...... Private ...... 6.9 (2.8) 2. Manchenil ...... Yes ...... Private ...... 1.5 (0.61) 3. Great Pond ...... Yes ...... Territory ...... 0.8 (0.32) 4. Protestant Cay ...... Yes ...... Territory, but leased to private ...... 0.4 (0.16) 5. East End South ...... No ...... Private ...... 19 (7.7) 6. East End North ...... No ...... Territory ...... 22 (8.9) Total ...... 50.6 (20.5) Note: Area sizes may not sum due to rounding.

Unit 1: Cane Garden Unit 2: Manchenil Great Pond, Christiansted, St. Croix, Unit 2 consists of 1.5 ac (0.61 ha) of USVI. This unit is located in the south Unit 1 consists of 6.9 ac (2.8 ha) of of the island, approximately 6.5 ft (2 m) privately owned lands located at Estate privately owned lands located at Estate Granard, Christiansted, St. Croix, USVI. south of Road 62 and east of the Cane Garden and Estate Peters Mindle, This unit is located in the south-central entrance of East End Marine Park Christiansted, St. Croix, USVI. This unit portion of the island, approximately offices. It is within the geographical area is located in the south-central portion of 0.50 mi (0.82 km) south of Road 62 and occupied at the time of listing. This unit the island, approximately 0.17 mi (0.27 approximately 0.02 mi (0.03 km) east of contains all the PCEs. The PCEs in this km) south of Road 62 and South Shore Road, along the northeast unit may require special considerations approximately 0.2 mi (0.3 km) northeast coast of Manchenil Bay. It is within the to address threats of fire, nonnative of Vagthus Point, along the northeast geographical area occupied at the time plant species, and habitat modification coast of Canegarden Bay and south of a of listing. This unit contains all the (i.e., landscaping). private trail. It is within the PCEs. The PCEs in this unit may require Unit 4: Protestant Cay geographical area occupied at the time special considerations to address threats of listing. This unit contains all the of fires, nonnative plant species, effects Unit 4 consists of 0.4 ac (0.16 ha) of PCEs. The PCEs in this unit may require of hurricanes (i.e., storm surge), and territory-owned lands that are leased to special considerations to address threats habitat modification. a private party and are located at of nonnative plant species, effects of Protestant Cay, St. Croix, USVI. The Cay hurricanes (i.e., storm surge and Unit 3: Great Pond is located approximately 0.33 km (0.20 erosion), and habitat modification (e.g., Unit 3 consists of 0.8 ac (0.32 ha) of mi) north of Christiansted town. The trails expansion). territory-owned land located at Estate unit is located on the northeast side of

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the Cay. It is within the geographical 0.93 mi (1.5 km) southwest of Point Cotton Garden, Christiansted, St. Croix, area occupied at the time of listing. This Udall, approximately 0.02 mi (0.04 km) USVI. This unit is located north of the unit contains all the PCEs. The PCEs in east of Point Road, along the north coast eastern end portion of the island, this unit may require special of Jack’s Bay, and south of a Jack’s and approximately 0.86 mi (1.4 km) considerations to address threats of Issac’s Bay Preserve trail. It is owned by northwest of Point Udall, north of Road nonnative plant species, effects of The Nature Conservancy and managed 82 along the eastern coast of Cotton hurricanes (i.e., storm surge and as conservation land. This unit is not Garden Bay and western coast of Boiler erosion), and habitat modification (i.e., occupied at the time of listing. However, Bay. This unit is not occupied at the hotel landscaping and maintenance). it is part of the historical range of the time of listing. However, it is part of the The Protestant Cay unit is also species. This unit is essential for the historical range of the species. This unit currently designated as critical habitat conservation of the species because it for the St. Croix ground lizard (Ameiva is essential for the conservation of the contains the PCEs and because its species because it contains the PCEs and polops) (42 FR 47840; September 22, designation will safeguard other 1977). because its designation will safeguard established populations in case of any other established populations in case of Unit 5: East End South stochastic event that occurs within any stochastic event that occurs within Unit 5 consists of 19 ac (7.7 ha) of habitats currently occupied by the habitats currently occupied by the privately owned lands located at Estate species. species. Jack’s Bay and Estate Isaac’s Bay, Unit 6: East End North Christiansted, St. Croix, USVI. This unit Gonocalyx concolor is located south of the eastern end Unit 6 consists of 22 ac (8.9 ha) of portion of the island, approximately territory-owned land located at Estate

TABLE 2—OCCUPANCY OF GONOCALYX CONCOLOR BY DESIGNATED CRITICAL HABITAT UNITS [Area estimates reflect all land within critical habitat unit boundaries.]

Size of unit Critical habitat unit Occupied at time of listing Land ownership in acres (hectares)

Gonocalyx concolor

1. Cerro La Santa ...... Yes ...... Commonwealth of Puerto Rico ...... 18.8 (7.6) 2. Charco Azul ...... Yes ...... Commonwealth of Puerto Rico ...... 179.2 (72.5) Total ...... 198 (80.1) Note: Area sizes may not sum due to rounding.

Unit 1: Cerro La Santa may require special considerations to elevation from sea level. This unit is Unit 1 consists of 18.8 ac (7.6 ha) of address threats of habitat modification approximately 2.0 mi (3.2 km) southeast elfin forest located on exposed peaks resulting from maintenance and of Unit 1. This unit is within the and ridges of Cerro La Santa, above potential expansion of existing geographical area occupied by the 2,890 ft (880 m) in elevation from sea telecommunication facilities, human- species at the time of listing. This unit level. This unit is located in the Sierra induced fires, invasive species, and contains all PCEs. The PCEs in this unit de Cayey on Road PR 184, Km 27.1 in degradation of forest quality. may require special considerations and Espino Ward, between the Unit 2: Charco Azul protection to address threats of habitat Municipalities of Cayey and San modification resulting from human- Lorenzo. This unit is within the Unit 2 consists of 179.2 ac (72.5 ha) induced fires, invasive species, and geographical area occupied by the of ausubo forest located along the Rio degradation of forest quality. species at the time of listing. This unit Grande de Patillas River basin between contains all PCEs. The PCEs in this unit 2,030 ft (620 m) and 2,330 ft (720 m) in Varronia rupicola

TABLE 3—OCCUPANCY OF VARRONIA RUPICOLA BY DESIGNATED CRITICAL HABITAT UNITS [Area estimates reflect all land within critical habitat unit boundaries.]

Size of unit Critical habitat unit Occupied at time of listing Land ownership in acres (hectares)

Varronia rupicola

1. Montalva ...... Yes ...... Commonwealth of Puerto Rico ...... 992 (401) 2. Gua´nica Commonwealth Forest ...... Yes ...... Commonwealth of Puerto Rico ...... 584 (236) 3. Montes de Barina ...... Yes ...... Private ...... 2,002 (810) 4. Pen˜o´n de Ponce ...... Yes ...... Private ...... 2,174 (880) 5. Punta Negra ...... No ...... Commonwealth of Puerto Rico ...... 291 (117) 6. Puerto Ferro ...... Yes ...... Federal Government ...... 381 (154) 7. Cerro Playuela ...... No ...... Federal Government ...... 123 (50)

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TABLE 3—OCCUPANCY OF VARRONIA RUPICOLA BY DESIGNATED CRITICAL HABITAT UNITS—Continued [Area estimates reflect all land within critical habitat unit boundaries.]

Size of unit Critical habitat unit Occupied at time of listing Land ownership in acres (hectares)

Total ...... 6,547 (2,648) Note: Area sizes may not sum due to rounding

Unit 1 consists of 992 ac (401 ha) of modification (e.g., urban development Unit 5: Punta Negra Commonwealth-owned lands located at and right-of-way maintenance). Unit 5 is a small peninsula that Montalva Ward in the Municipality of consists of 291 ac (117 ha) of ´ Unit 3: Montes de Barina Guanica, Puerto Rico. This unit is Commonwealth-owned lands located located just south of State Highway PR Unit 3 consists of 2,002 ac (810 ha) of within Puerto Real Ward on the island ´ 324 and the Town of Guanica, and privately owned lands primarily located of Vieques, Puerto Rico. This unit is includes Cerro Montalva. It is within the along Indios Ward in the municipality located about 1.5 mi (2.5 km) east of the geographical area occupied by the of Guayanilla. A small section of this town of Esperanza and west of Puerto species at the time of listing. Due to the unit falls within the Barinas Ward in Ferro, Vieques National Wildlife Refuge marginal agricultural value, these forests Yauco, Puerto Rico. This unit is located (NWR). This natural area is managed by were minimally impacted by other land just south of State Highway PR 2. The the Puerto Rico DNER as part of the use practices (e.g., charcoal production forested habitat in this unit was Puerto Mosquito Natural Reserve. The and ranching). Therefore, the prime and minimally impacted by other land use forested habitat in this unit was essential habitat for the species has minimally impacted by other land use maintained its unique features, such as practices like charcoal production and ranching due to its marginal agricultural practices like charcoal production and the dry coastal shrubland habitat PCEs ranching due to its marginal agricultural and PBFs, including suitable climate, value; hence, it has maintained its unique features. The unit is within the value; hence, it has maintained its substrates, and associated native plants unique features. It is adjacent to an area and forest structure. Despite its geographical area occupied by the species at the time of listing and currently occupied by the species (Unit conservation status the habitat has been 6), forming a continuous habitat and contains the dry coastal shrubland affected by human-induced fires and contains the dry coastal shrubland habitat PCEs and PBFs, including maintenance of access roads and rights- habitat PCEs and PBFs, including of-way. The PCEs in this unit may suitable climate, substrates, and suitable climate, substrates, and require special considerations to associated native plants and forest associated native plants and forest address threats of nonnative plant structure. The PCEs in this unit may structure. However, there is no specific species, human-induced fires, require special considerations to record of the species within this unit. hurricanes, and habitat modification address threats of nonnative plant This unit is essential for the (e.g., urban development). species, human-induced fires, conservation of the species because it Unit 2: Gua´ nica Commonwealth Forest hurricanes, and habitat modification contains the PCEs and because its (e.g., urban development). designation will safeguard other Unit 2 consists of 584 ac (236 ha) of Unit 4: Pen˜ o´ n de Ponce established populations in case of any Commonwealth-owned lands located stochastic event that occurs within within Carenero and Barina Wards in Unit 4 consists of 2,174 ac (880 ha) of habitats currently occupied by the the municipalities of Gua´nica and privately owned lands located along species. Yauco, Puerto Rico. This unit is located Encarnacio´n and Canas Wards in the Further, we consider Units 5, 6, and within the core of the east section of the municipalities of Pen˜ uelas and Ponce, 7 to be a single ecological unit. The Gua´nica Commonwealth Forest. The Puerto Rico. This unit is located just species is expected to occur within this forested habitat in this unit was north of State Highway PR 2 in the area area, and ecological interactions and minimally impacted by other land use known as Punta Cucharas. The forested genetic flow between this area and Units practices like charcoal production and habitat in this unit was minimally 6 and 7 may be essential for the ranching due to its marginal agricultural impacted by other land use practices recovery of the species. It was not value; hence, it has maintained its included as a single unit with Units 6 like charcoal production and ranching unique features. It is within the and 7 because these peninsulas are due to its marginal agricultural value; geographical area occupied by the united by a narrow forest that species at the time of listing and hence, it has maintained its unique does not provide habitat for the species. contains the dry coastal shrubland features. It is within the geographical The PCEs in this unit may require habitat PCEs and PBFs, including area occupied by the species at the time special considerations to address threats suitable climate, substrates, and of listing and contains the dry coastal of nonnative plant species, human- associated native plants and forest shrubland habitat PCEs and PBFs, induced fires, and hurricanes. structure. Despite its conservation including suitable climate, substrates, status, the habitat has been affected by and associated native plants and forest Unit 6: Puerto Ferro human-induced fires and maintenance structure. The PCEs in this unit may Unit 6 is a small peninsula that of access roads and rights-of-way. The require special considerations to consists of 381 ac (154 ha) of federally PCEs in this unit may require special address threats of nonnative plant owned lands managed by the Service as considerations to address threats of species, human-induced fires, the Vieques NWR, and is located within nonnative plant species, human- hurricanes, and habitat modification the Puerto Ferro Ward on the island of induced fires, hurricanes, and habitat (e.g., urban development). Vieques, Puerto Rico. This unit is

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located about 4 km (2.5 mi) east of the species, human-induced fires, and requirements of section 7(a)(2) through town of Esperanza. It is located just hurricanes. our issuance of: between Unit 5 and Unit 7, forming a (1) A concurrence letter for Federal Effects of Critical Habitat Designation continuous habitat and contains the dry actions that may affect, but are not coastal shrubland habitat PCEs and Section 7 Consultation likely to adversely affect, listed species PBFs, and therefore we consider Units Section 7(a)(2) of the Act requires or critical habitat; or (2) A biological opinion for Federal 5, 6, and 7 to be a single ecological unit. Federal agencies, including the Service, actions that may affect and are likely to The forested habitat in this unit was to ensure that any action they fund, adversely affect, listed species or critical minimally impacted by other land use authorize, or carry out is not likely to practices like charcoal production and habitat. jeopardize the continued existence of When we issue a biological opinion ranching due to its marginal agricultural any endangered species or threatened value; hence, it has maintained its concluding that a project is likely to species or result in the destruction or jeopardize the continued existence of a unique features. It is within the adverse modification of designated geographical area occupied by the listed species and/or destroy or critical habitat of such species. In adversely modify critical habitat, we species at the time of listing and addition, section 7(a)(4) of the Act contains the dry coastal shrubland provide reasonable and prudent requires Federal agencies to confer with alternatives to the project, if any are habitat PCEs and PBFs, including the Service on any agency action which suitable climate, substrates, and identifiable, that would avoid the is likely to jeopardize the continued likelihood of jeopardy and/or associated native plants and forest existence of any species proposed to be structure. It was not included as a single destruction or adverse modification of listed under the Act or result in the critical habitat. We define ‘‘reasonable unit with Units 5 and 7 because these destruction or adverse modification of peninsulas are united by a narrow and prudent alternatives’’ (at 50 CFR proposed critical habitat. 402.02) as alternative actions identified mangrove forest that does not provide Decisions by the 5th and 9th Circuit habitat for the species. The PCEs in this during consultation that: Courts of Appeals have invalidated our (1) Can be implemented in a manner unit may require special considerations regulatory definition of ‘‘destruction or to address threats of nonnative plant consistent with the intended purpose of adverse modification’’ (50 CFR 402.02) the action, species, human-induced fires, and (see Gifford Pinchot Task Force v. U.S. hurricanes. (2) Can be implemented consistent Fish and Wildlife Service, 378 F. 3d with the scope of the Federal agency’s Unit 7: Cerro Playuela 1059 (9th Cir. 2004) and Sierra Club v. legal authority and jurisdiction, U.S. Fish and Wildlife Service, 245 F.3d (3) Are economically and Unit 7 is a small peninsula that 434 (5th Cir. 2001)), and we do not rely technologically feasible, and consists of 123 ac (50 ha) of federally on this regulatory definition when (4) Would, in the Director’s opinion, owned lands managed by the Service as analyzing whether an action is likely to avoid the likelihood of jeopardizing the the Vieques NWR, and is located within destroy or adversely modify critical continued existence of the listed species Puerto Ferro Ward on the island of habitat. Under the provisions of the Act, and/or avoid the likelihood of Vieques, Puerto Rico. This unit is we determine destruction or adverse destroying or adversely modifying located about 0.5 km (0.31 mi) south of modification on the basis of whether, critical habitat. the former airport of Campamento with implementation of the proposed Reasonable and prudent alternatives Garcı´a (Vieques NWR). The forested Federal action, the affected critical can vary from slight project habitat in this unit was minimally habitat would continue to serve its modifications to extensive redesign or impacted by other land use practices intended conservation role for the relocation of the project. Costs like charcoal production and ranching species. associated with implementing a due to its marginal agricultural value; If a Federal action may affect a listed reasonable and prudent alternative are hence, it has maintained its unique species or its critical habitat, the similarly variable. features. It is adjacent to an area responsible Federal agency (action Regulations at 50 CFR 402.16 require currently occupied by the species (Unit agency) must enter into consultation Federal agencies to reinitiate 6), forming a continuous habitat. with us. Examples of actions that are consultation on previously reviewed However, there is no specific record of subject to the section 7 consultation actions in instances where we have the species within this unit. This unit is process are actions on State, tribal, listed a new species or subsequently essential for the conservation of the local, or private lands that require a designated critical habitat that may be species because it contains the PCEs and Federal permit (such as a permit from affected and the Federal agency has because its designation would safeguard the U.S. Army Corps of Engineers under retained discretionary involvement or other established populations in case of section 404 of the Clean Water Act (33 control over the action (or the agency’s any stochastic event that occurs within U.S.C. 1251 et seq.) or a permit from the discretionary involvement or control is habitats currently occupied by the Service under section 10 of the Act) or authorized by law). Consequently, species. Further, we consider Units 5, 6, that involve some other Federal action Federal agencies sometimes may need to and 7 to be a single ecological unit. The (such as funding from the Federal request reinitiation of consultation with species is expected to occur within this Highway Administration, Federal us on actions for which formal area, and ecological interactions and Aviation Administration, or the Federal consultation has been completed, if genetic flow between this area and Unit Emergency Management Agency). those actions with discretionary 6 may be essential for the recovery of Federal actions not affecting listed involvement or control may affect the species. It was not included as a species or critical habitat, and actions subsequently listed species or single unit with Units 5 and 6 because on State, tribal, local, or private lands designated critical habitat. these peninsulas are united by a narrow that are not federally funded or mangrove forest that does not provide authorized, do not require section 7 Application of the ‘‘Adverse habitat for the species. The PCEs in this consultation. Modification’’ Standard unit may require special considerations As a result of section 7 consultation, The key factor related to the adverse to address threats of nonnative plant we document compliance with the modification determination is whether,

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with implementation of the proposed Exemptions impacts of this critical habitat Federal action, the affected critical designation and developed a final Application of Section 4(a)(3) of the Act habitat would continue to serve its economic analysis (FEA). The FEA is intended conservation role for the Section 4(a)(3)(B)(i) of the Act (16 summarized below and available in the species. Activities that may destroy or U.S.C. 1533(a)(3)(B)(i)) provides that: screening analysis for Agave eggersiana, adversely modify critical habitat are ‘‘The Secretary shall not designate as Gonocalyx concolor, and Varronia those that alter the physical or critical habitat any lands or other rupicola (IEc 2014), available at http:// biological features to an extent that geographic areas owned or controlled by www.regulations.gov. Copies of the appreciably reduces the conservation the Department of Defense, or DEA, FEA, and any supporting value of critical habitat for Agave designated for its use, that are subject to documents, may be obtained by eggersiana, Gonocalyx concolor, and an integrated natural resources contacting the Caribbean Ecological Varronia rupicola. As discussed above, management plan [INRMP] prepared Services Field Office (see ADDRESSES). the role of critical habitat is to support under section 101 of the Sikes Act (16 The FEA addresses how probable life-history needs of the species and U.S.C. 670a), if the Secretary determines economic impacts are likely to be in writing that such plan provides a provide for the conservation of the distributed, including an assessment of benefit to the species for which critical species. any local or regional impacts of habitat habitat is proposed for designation.’’ conservation and the potential effects of Section 4(b)(8) of the Act requires us There are no Department of Defense conservation activities on government to briefly evaluate and describe, in any lands with a completed INRMP within agencies, private businesses, and proposed or final regulation that the critical habitat designation. individuals. Decision-makers can use designates critical habitat, activities this information to evaluate whether the involving a Federal action that may Consideration of Impacts Under Section 4(b)(2) of the Act effects of the designation might unduly destroy or adversely modify such burden a particular group, area, or habitat, or that may be affected by such Section 4(b)(2) of the Act states that economic sector. The FEA assesses the designation. the Secretary shall designate and make economic impacts of Agave eggersiana, revisions to critical habitat on the basis Activities that may affect critical Gonocalyx concolor, and Varronia of the best available scientific data after habitat, when carried out, funded, or rupicola conservation efforts associated taking into consideration the economic authorized by a Federal agency, should with the following categories of activity: impact, national security impact, and result in consultation for Agave Residential and commercial any other relevant impact of specifying eggersiana, Gonocalyx concolor, and development; transportation projects; any particular area as critical habitat. Varronia rupicola. These activities recreational activities; agricultural The Secretary may exclude an area from include, but are not limited to: activities; removal of unexploded critical habitat if he determines that the ordinance; and changes to the (1) Actions that would appreciably benefits of such exclusion outweigh the Commonwealth Forests’ Master Plan, degrade or destroy the physical or benefits of specifying such area as part which may trigger additional regulatory biological features for the species. Such of the critical habitat, unless she changes. activities could include, but are not determines, based on the best scientific In general, in the occupied critical limited to, clearing or cutting native live data available, that the failure to habitat units, because Agave eggersiana, trees and shrubs (e.g., bulldozing, designate such area as critical habitat Gonocalyx concolor, and Varronia vegetation pruning, construction, road will result in the extinction of the rupicola are narrow endemic species, building, maintenance of rights-of-way species. In making that determination, the quality of habitat is closely linked to for powerlines, and herbicide the statute on its face, as well as the the species’ survival (USFWS 2013). application). These activities could pose legislative history, are clear that the Consequently, the Service believes that a risk of take by fire to the survival of Secretary has broad discretion regarding in most circumstances, there will be no Agave eggersiana, Gonocalyx concolor, which factor(s) to use and how much conservation efforts needed to prevent and Varronia rupicola. weight to give to any factor. adverse modification of occupied critical habitat beyond those that would (2) Actions that would introduce or Exclusions Based on Economic Impacts encourage the spread of nonnative plant be required to avoid jeopardy to the Under section 4(b)(2) of the Act, we species that would significantly alter species. In the unoccupied critical consider the economic impacts of vegetation structure. Such activities may habitat units, the areas are already set specifying any particular area as critical include, but are not limited to, aside for conservation purposes, and all habitat. In order to consider economic residential and commercial anticipated activities should be impacts, we prepared an incremental development and road construction. consistent with protection of the effects memorandum (IEM) and species. Any anticipated incremental These activities can affect the growth, screening analysis which together with reproduction, and survival of Agave costs of the critical habitat designation our narrative and interpretation of costs will predominantly be eggersiana, Gonocalyx concolor, and effects constitute our draft economic administrative in nature and would not Varronia rupicola. analysis (DEA) of the proposed critical be significant. Furthermore, the (3) Actions that would significantly habitat designation and related factors designation of critical habitat is not alter the structure and function of the (IEc 2014). The analysis was made likely to result in an increase of elfin forest or the ausubo forest within available for public review and we consultations, but rather only the the Carite Commonwealth Forest. accepted public comments on the additional administrative effort within Removal of vegetation could alter or analysis from May 21, 2014, through each consultation to address the effects eliminate the microclimate (e.g., change June 20, 2014 (79 FR 29150). Following of each proposed agency action on in temperature and humidity levels) and the close of the comment period, we critical habitat. may allow invasion of competitor reviewed and evaluated all information Our FEA did not identify any species and thereby negatively affect the submitted during the comment period disproportionate costs that are likely to habitat necessary for all life stages of that pertained to our consideration of result from the designation. Gonocalyx concolor. the probable incremental economic Consequently, the Secretary is not

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exercising her discretion to exclude any Agave eggersiana, Gonocalyx concolor, have a significant economic impact on areas from this designation of critical or Varronia rupicola, and the final a substantial number of small entities. habitat for Agave eggersiana, Gonocalyx designation does not include any tribal According to the Small Business concolor, and Varronia rupicola based lands or trust resources. We anticipate Administration, small entities include on economic impacts. no impact on tribal lands, partnerships, small organizations, such as Exclusions Based on National Security or HCPs from this critical habitat independent nonprofit organizations; Impacts or Homeland Security Impacts designation. Accordingly, the Secretary small governmental jurisdictions, is not exercising her discretion to including school boards and city and Under section 4(b)(2) of the Act, we exclude any areas from this final town governments that serve fewer than consider whether there are lands owned designation based on other relevant 50,000 residents; and small businesses or managed by the Department of impacts. (13 CFR 121.201). Small businesses Defense where a national security Required Determinations include manufacturing and mining impact might exist. In preparing this concerns with fewer than 500 final rule, we have determined that no Regulatory Planning and Review employees, wholesale trade entities lands within the designation of critical (Executive Orders 12866 and 13563) with fewer than 100 employees, retail habitat for Agave eggersiana, Gonocalyx and service businesses with less than $5 concolor, and Varronia rupicola are Executive Order 12866 provides that the Office of Information and Regulatory million in annual sales, general and owned or managed by the Department of heavy construction businesses with less Defense or Department of Homeland Affairs (OIRA) will review all significant rules. The Office of Information and than $27.5 million in annual business, Security, and, therefore, we anticipate special trade contractors doing less than no impact on national security or Regulatory Affairs has determined that $11.5 million in annual business, and homeland security. Consequently, the this rule is not significant. agricultural businesses with annual Secretary is not exerting her discretion Executive Order 13563 reaffirms the sales less than $750,000. To determine to exclude any areas from this final principles of E.O. 12866 while calling if potential economic impacts on these designation based on impacts on for improvements in the nation’s small entities are significant, we national security or homeland security. regulatory system to promote predictability, to reduce uncertainty, consider the types of activities that Exclusions Based on Other Relevant and to use the best, most innovative, might trigger regulatory impacts under Impacts and least burdensome tools for this rule, as well as the types of project Under section 4(b)(2) of the Act, we achieving regulatory ends. The modifications that may result. In consider any other relevant impacts, in executive order directs agencies to general, the term ‘‘significant economic addition to economic impacts and consider regulatory approaches that impact’’ is meant to apply to a typical impacts on national security. We reduce burdens and maintain flexibility small business firm’s business consider a number of factors, including and freedom of choice for the public operations. whether the landowners have developed where these approaches are relevant, The Service’s current understanding any HCPs or other management plans feasible, and consistent with regulatory of the requirements under the RFA, as for the area, or whether there are objectives. E.O. 13563 emphasizes amended, and following recent court conservation partnerships that would be further that regulations must be based decisions, is that Federal agencies are encouraged by designation of, or on the best available science and that only required to evaluate the potential exclusion from, critical habitat. In the rulemaking process must allow for incremental impacts of rulemaking on addition, we look at any tribal issues public participation and an open those entities directly regulated by the and consider the government-to- exchange of ideas. We have developed rulemaking itself, and therefore, not government relationship of the United this rule in a manner consistent with required to evaluate the potential States with tribal entities. these requirements. impacts to indirectly regulated entities. There is a Master Forest Management The regulatory mechanism through Regulatory Flexibility Act (5 U.S.C. 601 Plan that includes the Carite which critical habitat protections are et seq.) Commonwealth Forests and Gua´nica realized is section 7 of the Act, which Commonwealth Forest. Gonocalyx Under the Regulatory Flexibility Act requires Federal agencies, in concolor located within Carite (RFA; 5 U.S.C. 601 et seq.), as amended consultation with the Service, to ensure Commonwealth Forest and Varronia by the Small Business Regulatory that any action authorized, funded, or rupicola located within Gua´nica Enforcement Fairness Act (SBREFA) of carried by the agency is not likely to Commonwealth Forest are managed by 1996 (5 U.S.C. 801 et seq.), whenever an destroy or adversely modify critical the Puerto Rico Department of Natural agency must publish a notice of habitat. Therefore, under section 7 only and Environmental Resources. The rulemaking for any proposed or final Federal action agencies are directly Master Management Plan promotes the rule, it must prepare and make available subject to the specific regulatory use and enjoyment of the natural for public comment a regulatory requirement (avoiding destruction and resources at the forests, although it flexibility analysis that describes the adverse modification) imposed by establishes that the activities should not effects of the rule on small entities critical habitat designation. affect important species for the (small businesses, small organizations, Consequently, it is our position that Commonwealth of Puerto Rico. The and small government jurisdictions). only Federal action agencies will be management plans do not include However, no regulatory flexibility directly regulated by this designation. protection or conservation measures analysis is required if the head of an There is no requirement under RFA to specific for Gonocalyx concolor or agency certifies the rule will not have a evaluate the potential impacts to entities Varronia rupicola, and thus we do not significant economic impact on a not directly regulated. Moreover, consider them to be approved substantial number of small entities. Federal agencies are not small entities. management plans for these plants. The SBREFA amended the RFA to Therefore, because no small entities are In preparing this final rule, we have require Federal agencies to provide a directly regulated by this rulemaking, determined that there are currently no certification statement of the factual the Service certifies that this final HCPs or other management plans for basis for certifying that the rule will not critical habitat designation will not have

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a significant economic impact on a excludes ‘‘a duty arising from their actions will not adversely affect substantial number of small entities. participation in a voluntary Federal the critical habitat. The final economic As discussed under Exclusions Based program,’’ unless the regulation ‘‘relates analysis concludes incremental impacts on Economic Impacts above, during the to a then-existing Federal program may occur due to administrative costs of development of this final rule we under which $500,000,000 or more is section 7 consultations for activities reviewed and evaluated all information provided annually to State, local, and related to commercial, residential, and submitted during the comment period tribal governments under entitlement recreational development and that may pertain to our consideration of authority,’’ if the provision would associated actions; however, these are the probable incremental economic ‘‘increase the stringency of conditions of not expected to significantly affect small impacts of this critical habitat assistance’’ or ‘‘place caps upon, or government entities. Consequently, a designation. Based on this information, otherwise decrease, the Federal Small Government Agency Plan is not we affirm our certification that this final Government’s responsibility to provide required. critical habitat designation will not have funding,’’ and the State, local, or tribal Takings—Executive Order 12630 a significant economic impact on a governments ‘‘lack authority’’ to adjust substantial number of small entities, accordingly. At the time of enactment, In accordance with Executive Order and a regulatory flexibility analysis is these entitlement programs were: 12630 (‘‘Government Actions and not required. Medicaid; Aid to Families with Interference with Constitutionally Dependent Children work programs; Protected Private Property Rights’’), we Energy Supply, Distribution, or Use— have analyzed the potential takings Executive Order 13211 Child Nutrition; Food Stamps; Social Services Block Grants; Vocational implications of designating critical Executive Order 13211 (Actions Rehabilitation State Grants; Foster Care, habitat for Agave eggersiana, Gonocalyx Concerning Regulations That Adoption Assistance, and Independent concolor, and Varronia rupicola in a Significantly Affect Energy Supply, Living; Family Support Welfare takings implications assessment. As Distribution, or Use) requires agencies Services; and Child Support discussed above, the designation of to prepare Statements of Energy Effects Enforcement. ‘‘Federal private sector critical habitat affects only Federal when undertaking certain actions. OMB mandate’’ includes a regulation that actions. Although private parties that has provided guidance for ‘‘would impose an enforceable duty receive Federal funding, receive implementing this Executive Order that upon the private sector, except (i) a assistance, or require approval or outlines nine outcomes that may condition of Federal assistance or (ii) a authorization from a Federal agency for constitute ‘‘a significant adverse effect’’ duty arising from participation in a an action may be indirectly impacted by when compared to not taking the voluntary Federal program.’’ the designation of critical habitat, the regulatory action under consideration. The designation of critical habitat legally binding duty to avoid The economic analysis found that does not impose a legally binding duty destruction or adverse modification of none of these criteria is relevant to this on non-Federal Government entities or critical habitat rests squarely on the analysis. Thus, based on information in private parties. Under the Act, the only Federal agency. The FEA found that no the economic analysis, energy-related regulatory effect is that Federal agencies significant economic impacts are likely impacts associated with Agave must ensure that their actions do not to result from the designation of critical eggersiana, Gonocalyx concolor, and destroy or adversely modify critical habitat for Agave eggersiana, Gonocalyx Varronia rupicola conservation habitat under section 7. While non- concolor, and Varronia rupicola. activities within critical habitat are not Federal entities that receive Federal Because the Act’s critical habitat expected. As such, the designation of funding, assistance, or permits, or that protection requirements apply only to critical habitat is not expected to otherwise require approval or Federal agency actions, few conflicts significantly affect energy supplies, authorization from a Federal agency for between critical habitat and private distribution, or use. Therefore, this an action, may be indirectly impacted property rights should result from this action is not a significant energy action, by the designation of critical habitat, the designation. Based on the best available and no Statement of Energy Effects is legally binding duty to avoid information, the takings implications required. destruction or adverse modification of assessment concludes that this critical habitat rests squarely on the designation of critical habitat for Agave Unfunded Mandates Reform Act (2 Federal agency. Furthermore, to the eggersiana, Gonocalyx concolor, and U.S.C. 1501 et seq.) extent that non-Federal entities are Varronia rupicola does not pose In accordance with the Unfunded indirectly impacted because they significant takings implications. Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate Federalism—Executive Order 13132 seq.), we make the following findings: in a voluntary Federal aid program, the (1) This rule will not produce a Unfunded Mandates Reform Act would In accordance with E.O. 13132 Federal mandate. In general, a Federal not apply, nor would critical habitat (Federalism), this rule does not have mandate is a provision in legislation, shift the costs of the large entitlement significant Federalism effects. A statute, or regulation that would impose programs listed above onto State federalism summary impact statement is an enforceable duty upon State, local, or governments. not required. In keeping with tribal governments, or the private sector, (2) We do not believe that this rule Department of the Interior and and includes both ‘‘Federal will significantly or uniquely affect Department of Commerce policy, we intergovernmental mandates’’ and small governments because it will not requested information from, and ‘‘Federal private sector mandates.’’ produce a Federal mandate of $100 coordinated development of this critical These terms are defined in 2 U.S.C. million or greater in any year, that is, it habitat designation with, appropriate 658(5)–(7). ‘‘Federal intergovernmental is not a ‘‘significant regulatory action’’ State and Territorial resource agencies mandate’’ includes a regulation that under the Unfunded Mandates Reform in St. Croix, USVI, and the ‘‘would impose an enforceable duty Act. Small governments will be affected Commonwealth of Puerto Rico. From a upon State, local, or tribal governments’’ only to the extent that any programs federalism perspective, the designation with two exceptions. It excludes ‘‘a having Federal funds, permits, or other of critical habitat directly affects only condition of Federal assistance.’’ It also authorized activities must ensure that the responsibilities of Federal agencies.

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The Act imposes no other duties with Reduction Act of 1995 (44 U.S.C. 3501 Authors respect to critical habitat, either for et seq.). This rule will not impose The primary authors of this States and local governments, or for recordkeeping or reporting requirements rulemaking are the staff members of the anyone else. As a result, the rule does on State or local governments, Caribbean Ecological Services Field not have substantial direct effects either individuals, businesses, or Office. on the States, or on the relationship organizations. An agency may not between the national government and conduct or sponsor, and a person is not List of Subjects in 50 CFR Part 17 the States, or on the distribution of required to respond to, a collection of Endangered and threatened species, powers and responsibilities among the information unless it displays a Exports, Imports, Reporting and various levels of government. The currently valid OMB control number. recordkeeping requirements, designation may have some benefit to Transportation. these governments because the areas National Environmental Policy Act (42 that contain the features essential to the U.S.C. 4321 et seq.) Regulation Promulgation conservation of the species are more It is our position that, outside the Accordingly, we amend part 17, clearly defined, and the physical and jurisdiction of the U.S. Court of Appeals subchapter B of chapter I, title 50 of the biological features of the habitat for the Tenth Circuit, we do not need to Code of Federal Regulations, as set forth necessary to the conservation of the prepare environmental analyses below: species are specifically identified. This pursuant to the National Environmental information does not alter where and Policy Act in connection with PART 17—[AMENDED] what federally sponsored activities may designating critical habitat under the ■ 1. The authority citation for part 17 occur. However, it may assist these local Act. We published a notice outlining continues to read as follows: governments in long-range planning our reasons for this determination in the (because these local governments no Federal Register on October 25, 1983 Authority: 16 U.S.C. 1361–1407; 1531– longer have to wait for case-by-case (48 FR 49244). This position was upheld 1544; 4201–4245, unless otherwise noted. section 7 consultations to occur). by the U.S. Court of Appeals for the ■ 2. In § 17.96, amend paragraph (a) as Where State and local governments Ninth Circuit (Douglas County v. follows: require approval or authorization from a Babbitt, 48 F.3d 1495 (9th Cir. 1995), ■ a. By adding Family Agavaceae, in Federal agency for actions that may cert. denied 516 U.S. 1042 (1996)). alphabetical order, to the list of families. affect critical habitat, consultation ■ b. By adding an entry for Agave under section 7(a)(2) would be required. Government-to-Government eggersiana in alphabetical order under While non-Federal entities that receive Relationship With Tribes Family Agavaceae. Federal funding, assistance, or permits, In accordance with the President’s ■ c. By adding the word ‘‘Family’’ or that otherwise require approval or memorandum of April 29, 1994 immediately before the word authorization from a Federal agency for (Government-to-Government Relations ‘‘Boraginaceae’’ in the heading of the an action, may be indirectly impacted with Native American Tribal entry ‘‘Boraginaceae: Amsinckia by the designation of critical habitat, the Governments; 59 FR 22951), Executive grandiflora (large-flowered legally binding duty to avoid Order 13175 (Consultation and fiddleneck).’’ destruction or adverse modification of Coordination with Indian Tribal ■ d. By adding an entry for Varronia critical habitat rests squarely on the Governments), and the Department of rupicola in alphabetical order under Federal agency. the Interior’s manual at 512 DM 2, we Family Boraginaceae. Civil Justice Reform—Executive Order readily acknowledge our responsibility ■ e. By adding an entry for Gonocalyx 12988 to communicate meaningfully with concolor in alphabetical order under recognized Federal Tribes on a Family Ericaceae. In accordance with Executive Order These additions read as follows: 12988 (Civil Justice Reform), the Office government-to-government basis. In of the Solicitor has determined that the accordance with Secretarial Order 3206 § 17.96 Critical habitat—plants. rule does not unduly burden the judicial of June 5, 1997 (American Indian Tribal (a) Flowering plants. Rights, Federal-Tribal Trust system and that it meets the applicable * * * * * standards set forth in sections 3(a) and Responsibilities, and the Endangered 3(b)(2) of the Order. We are designating Species Act), we readily acknowledge Family Agavaceae: Agave eggersiana critical habitat in accordance with the our responsibilities to work directly (No Common Name) with tribes in developing programs for provisions of the Act. To assist the (1) Critical habitat units are depicted healthy ecosystems, to acknowledge that public in understanding the habitat for St. Croix, USVI, on the maps in this tribal lands are not subject to the same needs of the species, the rule identifies entry. the elements of physical or biological controls as Federal public lands, to (2) Within these areas, the primary features essential to the conservation of remain sensitive to Indian culture, and constituent elements of the physical or the Agave eggersiana, Gonocalyx to make information available to tribes. biological features essential to the concolor, and Varronia rupicola. The As discussed above, we are not conservation of Agave eggersiana designated areas of critical habitat are designating critical habitat for Agave consist of these components: presented on maps, and the rule eggersiana, Gonocalyx concolor, or (i) Areas consisting of coastal cliffs provides several options for the Varronia rupicola on tribal lands. and dry coastal shrublands. interested public to obtain more References Cited (A) Coastal cliff habitat includes: detailed location information, if desired. (1) Bare rock; and A complete list of all references cited (2) Sparse vegetation. Paperwork Reduction Act of 1995 (44 is available on the Internet at http:// (B) Dry coastal shrubland habitat U.S.C. 3501 et seq.) www.regulations.gov and upon request includes: This rule does not contain any new from the Caribbean Ecological Services (1) Dry forest structure; and collections of information that require Field Office (see FOR FURTHER (2) A plant community of approval by OMB under the Paperwork INFORMATION CONTACT). predominately native vegetation.

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(ii) Well-drained soils from the series (4) Critical habitat map units. Data Service’s Internet site at http:// Cramer, Glynn, Hasselberg, Southgate, layers defining map units were created www.fws.gov/caribbean/es, at http:// and Victory. on a base of an aerial image (USCOE) www.regulations.gov at Docket No. (iii) Habitat of sufficient area to and USFS–IITF Landcover GAP raster. FWS–R4–ES–2013–0040, and at the sustain viable populations in the coastal Critical habitat units were then mapped field office responsible for this cliffs and dry coastal shrublands using Universal Transverse Mercator designation. You may obtain field office described in paragraphs (2)(i)(A) and (UTM) North American Datum (NAD) location information by contacting one (2)(i)(B) of this entry. 1983 Zone 20 N coordinates. The maps of the Service regional offices, the (3) Critical habitat does not include in this entry, as modified by any addresses of which are listed at 50 CFR manmade structures (such as buildings, accompanying regulatory text, establish 2.2. bridges, docks, aqueducts, roads, and the boundaries of the critical habitat other paved areas) and the land on designation. The coordinates or plot (5) Index map of critical habitat units which they are located existing within points or both on which each map is for Agave eggersiana follows: the legal boundaries on October 9, 2014. based are available to the public at the BILLING CODE 4310–55–P

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(6) Unit 1: Cane Garden, Estate Cane (i) Unit 1 includes 6.9 acres (ac) (2.8 Garden and Estate Peters Mindle, hectares (ha)). Christiansted, St. Croix, USVI. (ii) Map of Unit 1 follows:

(7) Unit 2: Manchenil, Estate Granard, (ii) Map of Unit 2 follows: Christiansted, St. Croix, USVI. (i) Unit 2 includes 1.5 ac (0.61 ha).

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(8) Unit 3: Great Pond, Estate Great (ii) Map of Unit 3 follows: Pond, Christiansted, St. Croix, USVI. (i) Unit 3 includes 0.8 ac (0.32 ha).

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(9) Unit 4: Protestant Cay, Protestant (ii) Map of Unit 4 follows: Cay, St. Croix, USVI. (i) Unit 4 includes 0.4 ac (0.16 ha).

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(10) Unit 5: East End South, Estate (i) Unit 5 includes 19 ac (7.7 ha). Jack’s Bay and Estate Issac’s Bay, (ii) Map of Units 5 and 6 follows: Christiansted, St. Croix, USVI.

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(11) Unit 6: East End North, Estate biological features essential to the (ii) Semi-deciduous dry forest on Cotton Garden, Christiansted, St. Croix, conservation of Varronia rupicola limestone substrate within the USVI. consist of the following components: subtropical dry forest life zone. Dry (i) Unit 6 includes 22 ac (8.9 ha). (i) Remnants of native shrubland and limestone semi-deciduous forest (ii) Map Unit 6 is provided at scrubland forest on limestone substrate includes: paragraph (10)(ii) of this entry. within the subtropical dry forest life (A) Low forest with canopy from 8 to * * * * * zone. Dry shrubland and scrubland 15 ft (3 to 5 m) high; forest includes: (B) Limestone pavement; Family Boraginaceae: Varronia rupicola (A) Shrubland vegetation with canopy (C) Associated dry forest native (1) Critical habitat units are depicted from 6.5 to 9.8 feet (ft) (2 to 3 meters vegetation; and for the municipalities of Gua´nica, (m)) high; (D) A shrub layer dominated by Yauco, Guayanilla, Pen˜ uelas, Ponce, (B) Limestone pavement; Croton humilis, Eupatorium sinuatum, and Vieques, Commonwealth of Puerto (C) Associated native vegetation; and Lantana reticulata, and Turnera diffusa. Rico, on the maps in this entry. (D) A shrub layer dominated by (iii) The type locations described (2) Within these areas, the primary Croton humilis, Eupatorium sinuatum, paragraphs (2)(i) and (2)(ii) of this entry constituent elements of the physical or Lantana reticulata, and Turnera diffusa. for this species should have shallow and

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alkaline soils derived from limestone Basemap) and USFS–IITF Landcover www.fws.gov/caribbean/es, at http:// rock and an average rainfall of 34 in (86 GAP raster. Critical habitat units were www.regulations.gov at Docket No. cm). then mapped using the Geographic FWS–R4–ES–2013–0040, and at the (3) Critical habitat does not include Coordinate System-World Geodetic field office responsible for this manmade structures (such as houses, System (WGS) 1984 datum. The maps in designation. You may obtain field office bridges, aqueducts, and paved areas) this entry, as modified by any location information by contacting one and the land on which they are located accompanying regulatory text, establish of the Service regional offices, the existing within the legal boundaries on the boundaries of the critical habitat addresses of which are listed at 50 CFR October 9, 2014. designation. The coordinates or plot 2.2. (4) Critical habitat map units. Data points or both on which each map is layers defining map units were created based are available to the public at the (5) Index map of critical habitat units on a base of an aerial image (ESRI image Service’s Internet site at http:// for Varronia rupicola follows:

(6) Unit 1: Montalva, municipality of (i) Unit 1 includes 992 acres (ac) (401 (ii) Map of Units 1, 2, 3, and 4 Gua´nica, Puerto Rico. hectares (ha)). follows:

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(7) Unit 2: Gua´nica Commonwealth (i) Unit 3 includes 2,002 ac (810 ha). (10) Unit 5: Punta Negra, municipality Forest, municipalities of Gua´nica and (ii) Map of Unit 3 is provided at of Vieques, Puerto Rico. Yauco, Puerto Rico. paragraph (6)(ii) of this entry. (i) Unit 5 includes 291 ac (117 ha). (i) Unit 2 includes 584 ac (236 ha). (9) Unit 4: Pen˜ o´ n de Ponce, (ii) Map of Unit 2 is provided at municipalities of Pen˜ uelas and Ponce, (ii) Map of Units 5, 6, and 7 follows: paragraph (6)(ii) of this entry. Puerto Rico. (8) Unit 3: Montes de Barina, (i) Unit 4 includes 2,174 ac (880 ha). municipalities of Yauco and Guayanilla, (ii) Map of Unit 4 is provided at Puerto Rico. paragraph (6)(ii) of this entry.

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(11) Unit 6: Puerto Ferro, Clusia minor, and Prestoea acuminata (4) Critical habitat map units. Data municipality of Viequez, Puerto Rico. var. montana, native ferns, and dense layers defining map units were created (i) Unit 6 includes 381 ac (154 ha). cover with epiphytes, including on a base of U.S. Geological Survey (ii) Map of Unit 6 is provided at bromeliads and mosses. digital ortho-photo quarter-quadrangles, paragraph (10)(ii) of this entry. (ii) Ausubo forest at elevations and critical habitat units were then (12) Unit 7: Cerro Playuela, between 2,000 to 2,300 ft (620 to 720 m) mapped using aerial photos (ArcGis) to municipality of Vieques, Puerto Rico. in the Charco Azul, which includes: limits of the boundaries of the elfin (i) Unit 7 includes 123 ac (50 ha). (A) Forest with single canopy layer forest and ausubo forest. Critical habitat (ii) Map of Unit 7 is provided at with trees exceeding 22 ft (7 m) in paragraph (10)(ii) of this entry. height. units were then mapped using ArcMap * * * * * (B) Plant association comprised by version 10 (Environmental Systems few species of native trees and Research Institute, Inc.), a Geographic Family Ericaceae: Gonocalyx concolor associated native vegetation (e.g., Information Systems program. The maps (1) Critical habitat units are depicted Manilkara bidentata, Dacryodes excelsa, in this entry, as modified by any for the municipalities of Cayey, San Guarea guidonia, and Cyrilla accompanying regulatory text, establish Lorenzo, and Patillas, Commonwealth of racemiflora), native ferns, and dense the boundaries of the critical habitat Puerto Rico, on the maps in this entry. cover with epiphytes, including designation. The coordinates or plot (2) Within these areas, the primary bromeliads and mosses. points or both on which each map is constituent elements of the physical or (iii) The type locations described in based are available to the public at the biological features essential to the paragraphs (2)(i) and (2)(ii) of this entry Service’s Internet site at http:// conservation of Gonocalyx concolor for this species should have mean www.fws.gov/caribbean/es, at http:// consist of these components: annual precipitation of 88.7 in (225.3 www.regulations.gov at Docket No. (i) Elfin forest at elevations over 2,900 cm), mean annual temperature of ° ° FWS–R4–ES–2013–0040, and at the feet (ft) (880 meters (m)) in Cerro La 72.3 F (22.7 C), and Los Guineos type field office responsible for this Santa, Puerto Rico, which includes: of soil (i.e., very deep, acidic, clayey, designation. You may obtain field office (A) Forest with single canopy layer well-drained soils on side slopes of location information by contacting one with trees seldom exceeding 22 ft (7 m) mountains). of the Service regional offices, the in height. (3) Critical habitat does not include (B) Associated native vegetation manmade structures (such as bridges, addresses of which are listed at 50 CFR dominated by species such as Tabebuia docks, and aqueducts) and the land on 2.2. schumanniana, Tabebuia rigida, Ocotea which they are located existing within (5) Index map of critical habitat units spathulata, Eugenia borinquensis, the legal boundaries on October 9, 2014. for Gonocalyx concolor follows:

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(6) Unit 1: Cerro La Santa, Carite (i) Unit 1 includes 18.8 acres (ac) (7.6 (ii) Map of Unit 1 follows: Commonwealth Forest, Puerto Rico. hectares (ha)).

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(7) Unit 2: Charco Azul, Carite (ii) Map of Unit 2 follows: Commonwealth Forest, Puerto Rico. (i) Unit 2 includes 179.2 ac (72.5 ha).

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Map for Unit 2 Charco Azul Critical Habitat for Gonocalyx concolor

Carite Commonwealth Forest ·: legend Gonocalyx concolor Critical Habitat

Paved roads

Unpaved roads

Boundary of the 0·--~--~~----~==~------~b~~ 0.125 0.25 0.5 0.75 1 Carite Commonwealth Forest •---=:::J.. ew:::::::...... :::::=::=:::::J ...... Miles 0 0.1 0.2 0.4 0.6 0.8 ••••• ••• •••• / Topography contour line (meters)

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* * * * * a weekly basis through a NMFS- analyze the impacts of and establish Dated: August 26, 2014. approved electronic reporting system. separate quotas for these stocks or the complex as a whole absent the Michael J. Bean, Reports must be received by no later than midnight, local time, of the first amendment process. Thus, no such Principal Deputy Assistant Secretary for Fish transfer will be made pursuant to 50 and Wildlife and Parks. Tuesday following the end of the reporting week unless the dealer is CFR 635.27(b)(2)(iii), which includes [FR Doc. 2014–21232 Filed 9–8–14; 8:45 am] otherwise notified by NMFS. Under among the transfer criteria to be BILLING CODE 4310–55–C § 635.28(b)(2), the quotas of certain considered, ‘‘[e]ffects of the adjustment species and/or management groups are on the status of all shark species;’’ and ‘‘[e]ffects of the adjustment on DEPARTMENT OF COMMERCE linked. The quotas for blacknose sharks and the non-blacknose SCS management accomplishing the objectives of the National Oceanic and Atmospheric group in the Gulf of region are fishery management plan.’’ Administration linked (§ 635.28(b)(3)(iv)). Under In the upcoming Amendment 6 to the § 635.28(b)(2), when NMFS calculates 2006 Consolidated Highly Migratory 50 CFR Part 635 that the landings for any species and/or Species Fishery Management Plan, management group of a linked group NMFS will be considering [Docket No. 130402317–3966–02] has reached or is projected to reach 80 implementing total allowable catches and commercial quotas for the non- RIN 0648–XD475 percent of the available quota, NMFS will file for publication with the Office blacknose SCS complexes in the Gulf of Mexico Highly Migratory of the Federal Register a notice of Atlantic and Gulf of Mexico regions, Species (HMS); Commercial Blacknose closure for all of the species and/or which includes the sharpnose and Sharks and Non-Blacknose Small management groups in a linked group bonnethead stocks, based on the results Coastal Sharks (SCS) in the Gulf of that will be effective no fewer than 5 of the SEDAR 34 assessment. Pending Mexico Region days from date of filing. From the such an Amendment, the separate effective date and time of the closure Atlantic and Gulf of Mexico sharpnose AGENCY: National Marine Fisheries until and if NMFS announces, via a and bonnethead shark stocks remain Service (NMFS), National Oceanic and notice in the Federal Register, that within the overall non-blacknose SCS Atmospheric Administration (NOAA), additional quota is available and the management complex, with the quotas Commerce. season is reopened, the fisheries for all for the complex designated for this ACTION: Temporary rule; closure. linked species and/or management fishing year. The next assessments for groups are closed, even across fishing these two species are not yet scheduled SUMMARY: NMFS is closing the fisheries years. but will include benchmark assessments for commercial blacknose sharks and for each stock. non-blacknose SCS in the Gulf of On November 26, 2013 (78 FR 70500), Dealer reports recently received Mexico region. This action is necessary NMFS announced that the commercial through August 29, 2014, indicate that because the commercial landings of Gulf Gulf of Mexico blacknose shark quota 0.8 mt dw or 42 percent of the available of Mexico non-blacknose SCS for the for 2014 is 1.8 metric tons (mt) dressed Gulf of Mexico blacknose shark quota 2014 fishing season could exceed 80 weight (dw) (3,968 lb dw). The non- has been landed and 51.7 mt dw or 76 percent of the available commercial blacknose SCS quota was set at 221.6 mt percent of the available Gulf of Mexico quota as of September 5, 2014, and the dw, and divided into regions (Atlantic non-blacknose SCS quota has been fisheries are quota-linked under current and Gulf of Mexico) for management landed. Based on projections, NMFS regulations. purposes. The Atlantic region non- estimates that the 80-percent limit could blacknose SCS quota is 79.5 percent of be exceeded by September 5, 2014, or DATES: The commercial fisheries for the base quota or 153.3 mt dw (150,574 blacknose sharks and Gulf of Mexico earlier. Accordingly, NMFS is closing lb dw), and the Gulf of Mexico non- both the commercial blacknose shark non-blacknose SCS in the Gulf of blacknose SCS quota is 20.5 percent or Mexico region are closed effective 11:30 fishery and non-blacknose SCS 68.3 mt dw (150,574 lb dw). Current management group in the Gulf of p.m. local time September 9, 2014, until regulations specify that ‘‘[i]nseason and/ the end of the 2014 fishing season on Mexico region as of 11:30 p.m. local or annual quota transfers of regional time September 9, 2014. All other shark December 31, 2014, or until and if quotas between regions may be NMFS announces via a notice in the species or management groups that are conducted only for species or currently open in the Gulf of Mexico Federal Register that additional quota is management groups where the species available and the season is reopened. region will remain open, including the are the same between regions and the blue shark, porbeagle shark, and pelagic FOR FURTHER INFORMATION CONTACT: quota is split between regions for sharks other than porbeagle or blue Alexis Jackson or Karyl Brewster-Geisz management purposes and not as a shark management groups. 301–427–8503; fax 301–713–1917. result of a stock assessment.’’ Although At § 635.27(b)(1), the boundary SUPPLEMENTARY INFORMATION: The Gulf the non-blacknose SCS quota currently between the Gulf of Mexico region and of Mexico shark fisheries are managed is split between regions for management the Atlantic region is defined as a line under the 2006 Consolidated HMS purposes, transferring quota between beginning on the East Coast of Florida Fishery Management Plan (FMP), its the two regions would be inconsistent at the mainland at 25°20.4′ N. lat, amendments, and its implementing with accomplishing the objectives of the proceeding due east. Any water and regulations (50 CFR part 635) issued fishery management plan now that land to the south and west of that under authority of the Magnuson- sharpnose and bonnethead have been boundary is considered, for the Stevens Fishery Conservation and split into separate stocks as a result of purposes of monitoring and setting Management Act (16 U.S.C. 1801 et the stock assessment. Such a transfer quotas, to be within the Gulf of Mexico seq.). would, essentially, disregard the region. Under § 635.5(b)(1), dealers must scientific bases for splitting sharpnose During the closure, retention of electronically submit reports on sharks and bonnethead sharks into two stocks, blacknose sharks and non-blacknose that are first received from a vessel on and there is no practicable way to SCS in the Gulf of Mexico region is

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