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DEPARTMENT OF THE INTERIOR (787) 851–7297; or by facsimile at (787) of A. eggersiana and S. conocarpum was 851–7440. Persons who use a not warranted, because we did not have Fish and Wildlife Service telecommunications device for the deaf sufficient information to determine the (TDD) may call the Federal Information true status of either A. eggersiana or S. 50 CFR Part 17 Relay Service (FIRS) at 800–877–8339. conocarpum in the wild. Further, we [Docket No. FWS–R4–ES–2010–0092; MO SUPPLEMENTARY INFORMATION: could not determine if either 92210–0–0008–B2] met the definition of threatened or Background endangered according to one or more of Endangered and Threatened Wildlife Section 4(b)(3)(A) of the Act (16 the five listing factors because we did and ; 12-Month Finding on a U.S.C. 1531 et seq.) requires that, for not have sufficient evidence of which Petition To List conocarpum any petition to revise the Federal Lists threats, if any, were affecting these (marron bacora) as Endangered of Threatened and Endangered Wildlife species. and Plants that contains substantial On September 9, 2008, the Center for AGENCY: Fish and Wildlife Service, scientific or commercial information Biological Diversity filed another Interior. that listing a species may be warranted, complaint challenging our 12-month ACTION: Notice of 12-month petition we make a finding within 12 months of finding (Center for Biological Diversity finding. the date of receipt of the petition. In this v. Hamilton, Case No. 1:08–CV–02830– finding, we determine whether the CAP). In a settlement agreement SUMMARY: We, the Fish and Wildlife petitioned action is: (a) Not warranted, approved by the Court on August 21, Service (Service), announce a 12-month (b) warranted, or (c) warranted, but 2009, the Service agreed to submit to the finding on a petition to list the immediate proposal of a regulation Federal Register a new 12-month Solanum conocarpum (marron bacora) implementing the petitioned action is finding for Solanum conocarpum by as endangered under the Endangered precluded by other pending proposals to February 15, 2011. This notice Species Act of 1973, as amended (Act). determine whether species are constitutes the 12-month finding on the After review of all available scientific threatened or endangered, and 1996 petition to list S. conocarpum as and commercial information, we find expeditious progress is being made to endangered. that listing S. conocarpum is warranted. add or remove qualified species from Currently, however, listing S. the Federal Lists of Endangered and Species Information conocarpum is precluded by higher Threatened Wildlife and Plants. Section and Species Description priority actions to amend the Lists of 4(b)(3)(C) of the Act requires that we Endangered and Threatened Wildlife treat a petition for which the requested Solanum conocarpum is a dry-forest and Plants. Upon publication of this 12- action is found to be warranted but shrub of the , or tomato, month petition finding, we will add S. precluded as though resubmitted on the family that may attain 3 meters (m) (9.8 conocarpum to our candidate species date of such finding, that is, requiring a feet (ft)) in height. Its leaves are oblong- list. We will develop a proposed rule to subsequent finding to be made within elliptic or oblanceolate (broader at the list S. conocarpum as our priorities 12 months. We must publish these 12- distal third than the middle), range in allow. We will make any determination month findings in the Federal Register. size from 3.5 to 7 centimeters (cm) (0.62 on critical habitat during development to 1.5 inches (in) wide, are coriaceous of the proposed listing rule. In any Previous Federal Actions (leathery texture) and glabrous (no interim period, the status of the On November 21, 1996, we received hairs), and have a conspicuous candidate taxon will be addressed a petition from the U.S. Virgin Islands yellowish midvein. The flowers are through our annual Candidate Notice of (VI) Department of Planning and Natural usually paired in nearly sessile (not Review (CNOR). Resources (DPNR) requesting that we stalked) lateral or terminal cymes (flat- DATES: The finding announced in this list Agave eggersiana and Solanum topped flower cluster). The corolla document was made on February 22, conocarpum as endangered. On consists of five separate petals that are 2011. November 16, 1998, we published in the light violet, greenish at the base, and Federal Register (63 FR 63659) our about 2 cm (0.78 in) wide. The fruit, a ADDRESSES: This finding is available on finding that the petition to list A. berry, is ovoid-conical (teardrop the Internet at http:// eggersiana and S. conocarpum shaped), 2 to 3 cm (0.78 to 1.2 in) long, www.regulations.gov at Docket Number presented substantial information and turns from green with white [FWS–R4–ES–2010–0092]. Supporting indicating that the requested action may striations to golden yellow when ripe documentation we used in preparing be warranted and initiated a status (Acevedo-Rodrı´guez 1996, p. 415). Little this finding is available for public review on these two plants. is known about the natural history, inspection, by appointment, during On September 1, 2004, the Center for reproductive biology, and effects of normal business hours at the U.S. Fish Biological Diversity filed a lawsuit herbivory on the species (Ray and and Wildlife Service, Caribbean against the Department of the Interior Stanford 2003, p. 3). Ecological Services Field Office, Road and the Service alleging that the Service The petition suggests that Solanum 301, Km. 5.1, Boquero´n, PR 00622. failed to publish a 12-month finding for conocarpum might be functionally Please submit any new information, Agave eggersiana and Solanum dioecious (requiring male and female materials, comments, or questions conocarpum (Center for Biological flowers from different plants to concerning this species or this finding Diversity v. Norton, Civil Action No. outcross). However, P. Acevedo- to the above internet address or the 1:04–CV–2553 CAP). In a stipulated Rodrı´guez (pers. comm. 2002) mailing address listed under FOR settlement agreement resolving that documented flowers and fruits in a FURTHER INFORMATION CONTACT. case, signed April 27, 2005, we agreed solitary wild plant he discovered in the FOR FURTHER INFORMATION CONTACT: Ms. to submit our 12-month finding for A. White Cliff area (Reef Bay general area). Marelisa Rivera, Assistant Field eggersiana and S. conocarpum to the He further suggested that S. Supervisor, Caribbean Ecological Federal Register by February 28, 2006. conocarpum may have less reproductive Services Field Office, P.O. Box 491, On March 7, 2006, we published our 12- fitness due to selfing (self-pollination). Boquero´n, PR 00622; by telephone at month finding (71 FR 11367) that listing Later, Ray and Stanford (2005, p. 5)

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conducted some pollination studies in a 2008, p. 1). A habitat suitability model boundaries, leaving only two controlled environment that indicate suggests that the vast majority of S. populations on private lands (Friis Bay that the species might be an obligate conocarpum habitat is found in the and Sabbat Point). outcrosser (plant has both male and lower elevation coastal scrub forest The largest population of Solanum female parts, but it needs to outcross (Vilella and Palumbo 2010, p. 10). conocarpum is located at Nanny Point. with other individuals to produce fruits Acevedo-Rodrı´guez (1996, p. 415) As a result of potential urban and due to self-incompatibility) with referenced the possibility of the species tourism development at Nanny Point, complete self-incompatibility. This being present on St. Thomas, and most of the natural population has been study was conducted because, prior to mentioned a collection of a sterile transferred to the VINP. About 22 2003, a lack of natural recruitment was specimen from Virgin Gorda (British percent of the S. conocarpum observed in the wild (Ray and Stanford Virgin Islands (BVI)). Pedro Acevedo- population at Nanny Point was located 2003, p. 3; J. Saliva, Service, pers. obs. Rodrı´guez (pers. comm. 2002) believes within a 30-ft access corridor to a 2004; O. Monsegur, Service, pers. obs. that the specimen from Virgin Gorda private property (Carper, pers. comm. 2010; Vilella and Palumbo 2010, pp. 4– belongs to a different species, Cestrum 2005); however, these adult plants were 7). laurifolium. Omar Monsegur, Service transplanted to an adjacent location on DNA sampling of the majority of the biologist, recently conducted a site visit the VINP to avoid potential impacts populations suggests that most to the John Folly population and from development (Carper, pers. comm. populations have been long isolated identified several Cestrum laurifolium 2010). A site visit to the population in (Ray and Stanford 2005, p. 18). adjacent to individuals of Solanum May 2010 showed that approximately Additionally, genetic work performed conocarpum. Both plants (Cestrum 90 percent of the transplanted (adult by Dr. A. Stanford at the University of laurifolium and S. conocarpum) look plants) were dead or stressed due to lack the Virgin Islands has shown low very similar, and it is common to of water (Monsegur, Service, heterozygosity (A measure of the allele confuse the two species (O. Monsegur, unpublished data 2010). Additionally, frequency or genetic diversity) (Ray pers. comm. 2010). Appropriate surveys observation of other S. conocarpum pers. comm. 2010). Further, when should be conducted in St. Thomas and deaths appears to result from compared with its close relative the British Virgin Islands to determine competition with edge vegetation Solanum polyganum, Solanum the presence or absence of the species (vines). The original population size at conocarpum appears to show a on the islands (O. Monsegur, pers. Nanny Point was estimated at significant reduction in genetic diversity comm. 2010). approximately 184 natural plants. As a (Ray pers. comm. 2010). Several efforts have been conducted result of the combined deaths to propagate Solanum conocarpum in (transplants and competition), it is now Habitat and Distribution the last decade. B. Kojis and R. Boulon estimated that this population has Solanum conocarpum was originally (pers. comm. 1996) reported that a local decreased by 25 percent. known from a type specimen collected horticulturist, E. Gibney, was able to The owners of the private properties by L.C. Richard at Coral Bay, St. John propagate the species by cuttings that harbor the Nanny Point natural (U.S. Virgin Islands, or VI), in 1787 (asexually) collected from the two population agreed to protect an (Acevedo-Rodrı´guez 1996, p. 415). No individuals known from the wild and to additional area corresponding to Parcel population estimates are available from get them to reproduce sexually by 30–3 by donating it to the National Park Richard’s discovery, nor are there any dusting the flowers. Ray and Stanford Service (NPS) (Carper and Selengut known population estimates prior to (2005, p. 6) reported that Gibney 2003, p. 1; Ray and Carper 2009, p. 2). 1992. The species was rediscovered in successfully reproduced S. conocarpum Therefore, the entire Nanny Point 1992 by P. Acevedo-Rodrı´guez on the and distributed specimens to various population, which is the largest known island of St. John (Ray and Stanford places in the Virgin Islands. P. Acevedo- population, now lies within a protected 2003, p. 4). The species was presumed Rodrı´guez (pers. comm. 2002) reported area managed by the VINP. to be near extinction, as two mature planted individuals (cultivars) on the Additionally, one of the Nanny Point plants were believed to be the only Campus of the University of Virgin landowners has implemented an active specimens left in the wild: One on Islands in St. Thomas that are sexually propagation program through Virgin Islands National Park (VINP) reproducing. He also reported a few germination and cloning of adult land and one on private land (B. Kojis individuals in the St. George Botanical individuals to enhance the Nanny Point and R. Boulon pers. comm. 1996; Vilella Garden in St. Croix, on the island of population and other natural and Palumbo 2010, p. 1). The habitat Tortola, at Cannel Bay Hotel on St. John, populations (Brown Bay Trail and John descriptions of these two localities are and in the New York Botanical Garden, Folly) (Ray and Carper 2009, p. 3). The consistent with the localities reported the National Botanical Garden in aim of this program is to safeguard the by Acevedo-Rodrı´guez (1996, p. 415; Dominican Republic, and the Puerto genetic diversity of the species and to pers. comm. 2002), who described the Rico Botanical Garden. enhance the existing populations (Ray habitat as a dry, deciduous forest. and Carper 2009, p. 2; Carper 2010, p. After 1992, six additional populations Current Status 2). The transplanting efforts of seedlings of Solanum conocarpum were Currently, Solanum conocarpum is and cuttings (clones) seem to be identified. Among these newly known from eight localities on St. John successful (Monsegur, Service, discovered populations, the species has Island, VI (see Table 1): Two found on unpublished data 2010). Ray and been reported to occur on dry, poor soils the north side of the island (Base Hill Stanford (2005, p. 3) reported a 95- (Ray and Stanford 2005, p. 6). It can be and Brown Bay Trail) and six toward percent seedling survival rate after a locally abundant in exposed topography the southeast side (Nanny Point, Friis reintroduction at Reef Bay. Further on sites disturbed by erosion Bay, Reef Bay, John Folly, Sabbat Point, planting efforts conducted at Brown Bay (depositional zones at the toe of the and Europa Ridge). All of the eight Trail, John Folly, and Nanny Point slopes), areas that have received known localities of S. conocarpum are showed a 97-percent survival rate after moderate grazing, and around ridgelines wild populations each ranging from 1 to 2 months (Ray and Carper 2009, p. 5). as an understory component in diverse 144 individuals. The majority of the Populations located on Base Hill (one woodland communities (Carper and Ray individuals are found within the VINP individual), Brown Bay Trail (one

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individual), Europa Ridge (one used as a junkyard in the past, and there house conditions, where seed individual) and Reef Bay (six is debris on the area indicating former germination and survivorship have been individuals) lie within NPS lands. use as a housing area (Monsegur, very successful, almost 100 percent and Recent evidence suggests that the Reef Service, unpublished data 2010). The 95 percent, respectively. On the other Bay population was apparently John Folly Bay population is adjacent to hand, the survival rate for the cutting extirpated, but there are no further Road 107, making the population technique (cutting a piece of a plant and details about the causes for the vulnerable to habitat degradation inducing root growth) is less than 10 extirpation (G. Ray, pers. comm. 2010). (deforestation and soil erosion) due to percent under nursery conditions (Ray The Brown Bay individual is located on road maintenance and potential future and Carper 2009, p. 6). As observed the edge of the Brown Bay Trail, and road expansion. The second largest during a site visit by a Service biologist, shows evidence of damage due to trail population, Friis Bay (33 individuals), is the transplanting of seedlings and maintenance. A new population was found on privately owned property (Ray cuttings to the wild seems to be recently recorded just along the and Stanford 2005, p. 16). Another boundaries of the NPS (John Folly Bay) private property site composed of a successful (Monsegur, Service, (M. Carper, pers. comm. 2010). This single individual is located on Sabbat unpublished data 2010). Approximately population is composed of Point, an area adjacent to Friis Bay. 240 seedlings and propagules have been approximately 11 adult individuals and Ray and Stanford (2003, p. 4) planted around several of the wild shows signs of human disturbance developed an implementation plan to individuals to enhance and augment the within the area (Monsegur, Service, conduct shade-house propagation, natural populations of S. conocarpum unpublished data 2010). It is highly which used both seedlings and cuttings, (providing new genetic inflow to several probable that they were pruned in the to reintroduce Solanum conocarpum of the wild populations, especially to past, as there is a small trail that goes seedlings within the VINP on St. John. the populations consisting of only one across the population. Also the area was The plants responded well in shade- individual).

TABLE 1—CURRENTLY KNOWN POPULATIONS OF SOLANUM CONOCARPUM (MARRON BACORA) ON ST. JOHN

Estimated Estimated number of number of Locality individuals introduced Ownership Source of information in natural individuals population reported

Nanny Point ...... 144** 50 Public–NPS ...... Ray and Stanford 2005, p. 16; Ray and Carper 2009, pp. 3 and 5; Vilella and Palumbo 2010, p. 1; Monsegur, Service, pers. obs. 2010. Friis Bay ...... 33 ...... Private ...... Ray and Stanford 2005, p. 16. John Folly ...... 11 37 Public–NPS (Boundary) ...... Ray and Carper 2009, pp. 3 and 5; Monsegur, Service, pers. obs. 2010; Vilella and Palumbo 2010, p. 6. Reef Bay...... 6* 60 Public–NPS ...... Ray and Stanford 2005, p. 16; Monsegur, Service, pers. obs. 2010. Brown Bay Trail ...... 1 36 Public–NPS ...... Ray and Stanford 2005, p. 16; Ray & Carper 2009, pp. 3 and 5; Monsegur, Service, pers. obs. 2010. Europa Ridge...... 1 60 Public–NPS ...... Ray and Stanford 2005, p. 16; Monsegur, Service, pers. obs. 2010. Sabbat Point ...... 1 ...... Private ...... Ray and Stanford 2005, p. 16. Base Hill ...... 1 ...... Public–NPS ...... Ray and Stanford 2005, p. 16.

198 243 * Indicates that, based on Ray (pers. comm. 2010), this population is probably extirpated. ** This number does not include the 40 adult plants that died as a result of translocation.

Summary of Information Pertaining to present or threatened destruction, section 4(a)(1) of the Act, is discussed the Five Factors modification, or curtailment of its below. habitat or range; (B) overutilization for In considering what factors might Section 4 of the Act (16 U.S.C. 1533), commercial, recreational, scientific, or constitute threats to a species; we must and implementing regulations (50 CFR educational purposes; (C) disease or look beyond the exposure of the species 424), set forth procedures for adding predation; (D) the inadequacy of to a factor to evaluate whether the species to the Federal Lists of existing regulatory mechanisms; or (E) species may respond to the factor in a Endangered and Threatened Wildlife other natural or manmade factors way that causes actual impacts to the and Plants. Under section 4(a)(1) of the affecting its continued existence. In species. If there is exposure to a factor Act, a species may be determined to be making this finding, information and the species responds negatively, the endangered or threatened based on any pertaining to Solanum conocarpum, in factor may be a threat, and we would of the following five factors: (A) The relation to the five factors provided in therefore attempt to determine how

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significant a threat it is. The threat is for the species is under pressure from Factor D: The Inadequacy of Existing significant if it drives, or contributes to, future development, which could result Regulatory Mechanisms the risk of extinction of the species such in the extirpation of unknown The Territory of the U.S. Virgin that the species warrants listing as populations. endangered or threatened as those terms Islands currently considers Solanum are defined in the Act. Factor B: Overutilization for conocarpum to be endangered under the Commercial, Recreational, Scientific, or Virgin Islands Indigenous and Factor A: The Present or Threatened Educational Purposes Endangered Species Act (V.I. Code, Title Destruction, Modification, or 12, Chapter 2), and has amended an Curtailment of the Species’ Habitat or The current available information on existing regulation (Bill No. 18–0403) to Range the species does not suggest that over- provide for protection of endangered Of the currently known Solanum utilization for commercial, recreational, and threatened wildlife and plants by conocarpum populations, only two scientific, or educational purposes has prohibiting the take, injury, or populations (Friis Bay and Sabbat Point) contributed to a decline of Solanum possession of indigenous plants. remain on private lands; however, conocarpum. In recent years, S. However, Rothenberger et al. (2008, p. currently unsurveyed habitat suitable conocarpum has been propagated from 68) mentioned that the lack of for S. conocarpum, exists on additional seeds and cuttings obtained from wild management and enforcement capacity private lands. All other known populations; however, collection for continues to be a significant challenge populations are located on VINP lands. these purposes is not thought to affect for the U.S. Virgin Islands, since The populations that occur on private survivability of individuals or enforcement agencies are chronically lands as well as the ones bordering the negatively affect the status of the understaffed and territorial resource VINP are subject to intense pressure species. In fact, this practice has management offices experience from urban development (Vilella and significantly enhanced the existing significant staff turnover. Despite this, Palumbo 2010, p. 1). At present time, populations, and continues to safeguard however, we do not consider the the upper slopes and the drainage areas the genetic diversity of the species (Ray inadequacy of Territorial regulatory that surround the largest population and Stanford 2005, p. 3; Ray and Carper mechanisms to be a threat, because at (Nanny Point) are privately owned. 2009, p. 2). This is the only known use this time we have not identified any These private lands are planned for of the species, and it is strictly for adverse effect to the populations or the housing development and have been scientific purposes. Therefore, we do species related to collection or take of S. divided for smaller housing lots that are not have any evidence that suggests conocarpum. currently advertised for sale (Carper and overutilization as a threat to S. The National Park Service, under its Selengut 2003, p. 1; Ray and Carper conocarpum. Organic Act, is responsible for managing 2009, p. 2). The same pattern (private Factor C: Disease or Predation the national parks to conserve the lands divided for housing lots) is scenery and the natural and historic observed at the Johns Folly drainage It has been hypothesized that hermit objects and the wildlife. 16 U.S.C. 1. (Monsegur, pers. obs. 2010), where crabs act as predators of the fruits and The National Parks Omnibus small housing developments may seeds of Solanum conocarpum (Ray Management Act of 1998 requires the jeopardize undetected populations. In 2005, p. 2). Hermit crabs have been NPS to inventory and monitor its addition, habitat suitability models observed feeding on the fruit where natural resources. 16 U.S.C. 5934. NPS conducted by Vilella and Palumbo shrub densities are high (Ray and has implemented its resource (2010, p. 7) indicate that a good portion Carper, 2008, p. 1; Ray, 2005, p. 2). Fruit management responsibilities through its of the high-quality (39 percent) and and seed production in the Nanny Point Management Policies, Section 4.4, moderate quality (38 percent) habitat for and John Folly populations has been which states that ‘‘it will maintain as S. conocarpum is located within private parts of the natural ecosystems of parks lands subject to urban development. reported as ample and copious (Ray 2005, p. 6; Carper, pers. comm. 2010). all plants and native to park The relative abundance of the species at ecosystems.’’ some sites (Nanny Point and Friis Bay) While hermit crabs may consume fallen Section 207 of the Omnibus may indicate that the species was once fruit in large quantities (Ray 2005, p. 2), Management Act of 1998 allows NPS to more common and that it was an it is not known at this time if fruit withhold from the public information important component of the vegetation consumption prevents seed germination related to the nature and specific of the dry forest of St. John. Even though (e.g., potentially crushing seed embryos location of endangered, threatened, or the majority of the known populations as the crabs feed), or if this consumption lie within federally protected areas, the is in any way responsible for the lack of rare species unless disclosure would not likely destruction or modification of the seedling recruitment in the wild. create an unreasonable risk of harm to high-quality habitat within St. John may Another observation of S. conocarpum the species. 16 U.S.C. 5937. imply the extirpation of undetected predation was reported by Vilella and Pursuant to many of these authorities, populations and the irreversible damage Palumbo (2010, p. 14) and was VINP does not allow cutting of to areas with suitable habitat for the presumed to be by feeding on vegetation and all natural resource reintroduction of the species. the leaves. This observation concurs activities must be permitted by the park Based on the above information, we with the reports by Ray and Stanford (Boulon, pers. comm. 2010). consider the present or threatened (2005, p. 15) indicating bite marks of an In short, we do not consider the destruction, modification, or herbivore on S. conocarpum inadequacy of Federal regulatory curtailment of the species’ habitat or leaves. Nevertheless, there is no clear mechanisms to be a threat to the range as a low-to-moderate, not evidence indicating that seed or plant populations of S. conocarpum located imminent threat to populations of predation is adversely affecting the in VINP. The regulatory mechanisms Solanum conocarpum. Despite the status of the species. Based on the discussed above allow NPS to prevent majority of known S. conocarpum above, we do not consider disease or collection or take of S. conocarpum on individuals occurring within protected predation as a current threat to the NPS property. Furthermore, we do not areas, a large part of the suitable habitat species. consider development outside VINP to

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be a threat to S. conocarpum cumulative effect of severe tropical Hermit crab consumption of fruit is populations inside VINP. storms and increased sediment runoff currently the only factor suspected in may jeopardize the establishment of the lack of natural recruitment; Factor E: Other Natural or Manmade seedlings along drainage areas usually however, as both species coevolved in Factors Affecting the Continued associated with suitable habitat for S. the same habitat, this consumption is Existence of the Species conocarpum (Ray 2005, p. 2; Monsegur, unlikely to explain the complete lack of Human-Induced Fires pers. obs. 2010). Due to the low number recruitment. Plant sterility is also not a In the Caribbean, native plant species, of adult individuals and the problems viable theory for the lack of recruitment, particularly endemics with limited regarding the natural recruitment of the as germination under greenhouse distribution, may be vulnerable to species, severe tropical storms may have conditions is highly successful, with an adverse impact on the species. almost 100-percent germination (Ray natural or manmade events such as However, based on the available and Stanford, 2005, p. 6). Although the hurricanes and human-induced fires. information, we consider hurricanes as cause of Solanum conocarpum’s Fire is not a natural component of a low and not imminent threat to the unsuccessful recruitment is unknown, it subtropical dry forest in Puerto Rico and species. is not the only species within the the Virgin Islands; thus, most species Solanum conocarpum may be further Solanaceae family facing this threat. found in this type of forest are not fire threatened by climate change, which is Matabuey (Goetzea elegans) is an adapted (Monsegur 2009, p. 26). predicted to increase the frequency and example of another species endemic to Solanum conocarpum is associated with strength of tropical storms and can the Caribbean that shows a conspicuous lower elevation dry forests. This habitat cause severe droughts (Hopkinson et al. flowering with showy fruits, but faces may be susceptible to forest fires, 2008, p. 260). The cumulative effect of problems with its dispersion and particularly on private lands, where fire coastal erosion due to severe hurricanes recruitment. Similar to Solanum could be accidentally ignited. plus the habitat modification for urban conocarpum, matabuey shows an Furthermore, regenerating forests, such and tourist development can further outstanding germination under as the ones prevalent in St. John, are diminish the availability of suitable greenhouse conditions. Based on the prone to wildfires that promote a habitat and, therefore, limit population above, we consider lack of natural decrease in the stature of the vegetation expansion and colonization of new recruitment as a high and imminent and allow for the development of areas. In addition, the possibility of threat to the species. persistent shrubland dominated by severe droughts may contribute to an introduced tree species and grasses increase in the quantity and frequency Reproductive Biology (Wiley and Vilella 1998, p. 340). Studies of fires on the island. These cumulative The nature of the relationships conducted within the Gua´nica Forest in factors may reduce the number of between Solanum conocarpum and the southern Puerto Rico indicate that some individuals and further reduce different pollinators and seed dispersers exotic tree species can remain as a populations. As a result, we consider that have interacted with this species dominant canopy species for at least 80 the threat of climate change to be over its evolutionary history is years (Wolfe 2009, p. 2). Given the moderate and imminent. We do not important to consider. Controlled growth habit of S. conocarpum, it is anticipate any changes that would pollination studies concluded that this unlikely that mature individuals would appreciably reduce this threat in the species is an obligate outcrosser survive a fire even of moderate intensity foreseeable future. (reproduction requires pollen from (Vilella and Palumbo 2010, p. 15), and, another plant) with complete self- therefore, the species might be Lack of Natural Recruitment incompatibility (Ray and Stanford 2005, outcompeted by exotics. However, a site Lack of natural recruitment represents p. 5). As plant populations become visit to St. John to evaluate the threats one of the major threats to the Solanum reduced and spatially segregated, to the species, found no substantial conocarpum. Based on the structure of important life-history needs provided by evidence that fires posed as an the populations of Nanny Point and pollinators and seed dispersers may be imminent threat to the species John Folly, these populations are compromised (Kearns and Inouye 1997, (Monsegur, pers. obs. 2010). The only predominantly composed of old p. 299). It is possible that the natural site that is vulnerable to fires is the John individuals. This is also true for the fruit dispersers of S. conocarpum Folly site, due to its proximity to a road Brown Bay Trail individual. Seedling focused on other food sources as the and the accumulation of debris and sapling stages are missing in these populations of this shrub became associated with a former house populations, and old individuals are increasingly patchy, due to changes in (Monsegur, pers. obs. 2010). In addition, dying due to competition with other the structure and composition of the the VINP has a fire prevention plan that species such as vines. Without natural vegetation because of deforestation and includes the protection of native recruitment or successful augmentation introduction of exotic plant species. The species, including S. conocarpum. from captive propagated individuals, absence of a fruit disperser may indicate Therefore, we conclude that this species these populations are likely to become that the disperser of a species is extinct is not currently threatened by human- extirpated as older S. conocarpum or that the populations are too small to induced fires. individuals die. Despite the efforts to attract the disperser (Roman, 2006, p. enhance the natural populations by 50). The loss of potential breeding Hurricanes and Climate Change planting seedlings and saplings, it is partners, reduction or loss of Hurricanes frequently affect the unknown if the planted individuals will pollinators, and the loss of seed islands of the Caribbean. Successional develop as mature plants capable of dispersers are examples of negative responses to hurricanes can influence reproduction. Flowering or fruit impacts due to habitat fragmentation the structure and composition of plant production of individuals planted in the (Kearns and Inouye 1997, p. 299; communities in the Caribbean islands wild has not been reported to date. Murren 2002, p. 101). As an obligate (Van Bloem et al. 2005, p. 576). Within Additionally, the structure of the outcrosser, S. conocarpum encounters natural conditions, it is likely that existing wild population indicates that another challenge, in that isolated and Solanum conocarpum is well adapted to they are mostly composed of old relic individuals may no longer these tropical storms. However, the individuals (Monsegur, pers. obs. 2010). reproduce unless enhancement and

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artificial propagation projects are problem areas such as Reef Bay Valley number of populations, and lack of conducted. We consider the absence of (NPS 2008, p. 2). connectivity between populations, any natural dispersion to be a high and However, hogs continue to be a or all of which may result in an imminent threat. problem at the Reef Bay area as they increased risk of genetic drift. Thus, we uproot the vegetation searching for food consider threats under this factor to be Genetic Variation and water (Monsegur, Service, high in magnitude and imminent. unpublished data 2010). The Service Along with a decreasing population Finding size, negative impacts of habitat conducted a field assessment that fragmentation may result in erosion of confirmed the presence of exotic As required by the Act, we conducted genetic variation through the loss of mammal species within Solanum a review of the status of the species and alleles by random genetic drift (Honnay conocarpum habitat, and which considered the five factors in assessing and Jacquemyn, 2007, p. 824). Habitat highlighted the abundance of the Key whether Solanum conocarpum is fragmentation may also limit the ability deer and herds of feral goats (Monsegur, threatened or endangered throughout all of a species to respond to a changing Service, unpublished data 2010). The or a significant portion of its range. We environment (Booy et al. 2000, p. 385). observations by Monsegur (2010) examined the best scientific and Research conducted on Solanum coincide with reports of a high commercial information available conocarpum shows a reduction in its abundance of key deer within the range regarding the past, present, and future genetic diversity (Ray and Stanford of S. conocarpum by Ray and Stanford threats faced by the species. We 2005, p. 18). The population with the (2005, p. 19), and also with reports from reviewed the petition, information greatest genetic diversity is the one the NPS that describe deer populations available in our files, and other located at Nanny Point, which also has as increasing (NPS 2008, p. 4). Despite available published and unpublished the largest number of individuals. In the reports of the intrusion of free- information; consulted with species and addition to attempts to safeguard the roaming ungulates within S. habitat experts and other Federal and genetic diversity of the species, the conocarpum natural populations (Ray State agencies; and conducted field survival of reintroduced individuals and Stanford, 2005, p. 5), there is a lack surveys on the island of St. John. needs to be monitored, as well as their of information regarding the specific This status review identified threats development into mature individuals adverse effects of these exotic animals to the species attributable to Factors A capable of contributing to the natural on the species. It is expected that, due and E. Of the currently known eight to their abundance, exotic mammal recruitment of the species. populations, two are located on private species are modifying the structure of Consequently, the protection and lands, and six are located in the Virgin the vegetation and, therefore, the monitoring of known adult individuals Islands National Park System. Habitat environmental conditions on these should be considered as a high priority modification may result in irreversible areas. This may imply changes to for the conservation of the species. damage to the species’ natural habitat, microhabitat conditions that are Based on the above, we consider the decreasing the number of individuals in necessary for seed germination and lack of genetic variation as a moderate already small populations. In addition, seedling recruitment of S. conocarpum. but imminent threat to the species. the current sale of private housing lots Apparently, the distribution of the adjacent to currently known Nonnative Species species seems to be more correlated populations may suggest future urban with abiotic or environmental factors, Exotic mammal browsers are found than with composition or structure of developments that could lead to the throughout the range of Solanum the vegetation, as S. conocarpum shows extirpation of unknown populations conocarpum on St. John Island. These little fidelity to any particular suite of (see Factor A). include feral goats (Capra aegagrus community associates (Ray and Stanford Solanum conocarpum is also hircus), pigs (Sus scrofa), Key deer 2005, p. 5). threatened by the lack of natural (Odocoileus virginianus clavium), and At this time, there is no clear recruitment, absence of dispersers, donkeys (Equus asinus) (Vilella and evidence that donkeys, deer, pigs, or fragmented distribution, lack of genetic Palumbo 2010, p. 5; Monsegur, pers. goats constitute a specific threat to variation, and habitat destruction or obs. 2010). Feral donkeys, pigs, deer, Solanum conocarpum by feeding on modification by exotic mammal species. and goats could directly and indirectly young or adult, wild or reintroduced These threats are evidenced by the affect S. conocarpum populations by individuals, and fruits of the species. predominance of old individuals in the uprooting and eating seedlings, However, the impacts of introduced populations, reduced number of destabilizing slopes, and dispersing herbivores on the species include individuals, low number of populations, exotic plant species, thus preventing or modifying the structure of the and lack of connectivity between reducing sustainability of populations of vegetation and the environmental populations, any or all of which may S. conocarpum. However, the extent of conditions in which S. conocarpum result in an increased risk of genetic such threats to the species is evolved and that are required for their drift. Furthermore, four of the currently ‘‘speculative’’ (NPS 2003, p. 37) and natural recruitment. Based on the above, known localities consist of a single ‘‘imprecise’’ (NPS 2004, p. 43). There is we consider the effects of ungulates as individual, which may not be no available information on the role a moderate but imminent threat to the sustainable, as the species has been these exotic species may play as a species. identified as an obligate outcrosser. One limiting factor to S. conocarpum In summary, we consider that natural population has been reported as population dynamics in general, and to Solanum conocarpum is threatened by extirpated, the largest population has recruitment in particular (Schemske et the lack of natural recruitment, absence suffered a reduction of approximately al. 1994, p. 592). VINP is implementing of dispersers, fragmented distribution, 25 percent of the natural individuals, plans to control the populations of lack of genetic variation, climate and low genetic variability has been nonnative feral hogs, goats, and sheep change, and habitat destruction or reported for the species. In addition, the within VINP (NPS 2003, 2004). Feral modification by exotic mammal species. abundance of feral animals may modify hog populations in VINP are low, and These threats are evidenced by the the structure of vegetation and may reduction efforts have been targeted to reduced number of individuals, low change the conditions necessary for

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seed germination or seedling taxonomic status of the species (in order The third criterion in our LPN recruitment (see Factor E). of priority: Monotypic (a species guidelines is intended to devote The Service does not have any that is the sole member of a genus), resources to those species representing substantial evidence to suggest that species, or part of a species (, highly distinctive or isolated gene pools overutilization (Factor B), predation or distinct population segment, or as reflected by taxonomy. We disease (Factor C) or inadequacy of significant portion of the range)). The determined that Solanum conocarpum regulatory mechanisms (Factor D) is a lower the listing priority number, the is a full species, and as noted above, it threat for Solanum conocarpum at this higher the listing priority (that is, a faces threats of a high magnitude and time. species with an LPN of 1 would have nonimmediacy. On the basis of the best scientific and the highest listing priority). As a result of our analysis of the best commercial information available, we Under the Service’s guidelines, the available scientific and commercial find that listing Solanum conocarpum is magnitude of threat is the first criterion information, we assigned Solanum warranted. We will make a we look at when establishing a listing conocarpum a Listing Priority Number determination on the status of the priority. The guidance indicates that 2, based on the high magnitude and species as threatened or endangered species with the highest magnitude of imminent threats described under when we develop a proposed listing threat are those species facing the Factor E. At least two of the threats determination. However, as explained greatest threats to their existence. These discussed above are occurring now, and in more detail below, an immediate species receive the highest listing we anticipate they will still occur in the proposal of a regulation implementing priority. We consider the threats to near future in St. John. These threats are this action is precluded by higher Solanum conocarpum to be high in ongoing and in some cases are priority listing actions, and the need to magnitude because many of the threats considered irreversible. While we make progress on adding or removing that we analyzed are present throughout conclude that listing the species is already qualified species from the Lists the range and are likely to result in warranted, an immediate proposal to list of Endangered and Threatened Wildlife adverse impact to the status of the this species is precluded by work on and Plants. species. higher priority listing actions with We reviewed the available absolute statutory, court-ordered, or Under our LPN guidelines, the second information to determine if the existing court-approved deadlines and final criterion we consider in assigning a and foreseeable threats render the listing determinations for those species listing priority is the immediacy of species at risk of extinction now such that were proposed for listing with threats. This criterion is intended to that issuing an emergency regulation funds from Fiscal Year 2011. This work ensure that species facing actual, temporarily listing the species under includes all the actions listed in the identifiable threats are given priority section 4(b)(7) of the Act is warranted. tables below under expeditious over those for which threats are will We determined that issuing an progress. emergency regulation temporarily likely occur in the future, or species that We will continue to monitor the listing this species is not warranted at are intrinsically vulnerable but are not threats to Solanum conocarpum, and this time, since approximately 198 known to be presently facing threats. the species’ status on an annual basis, individuals in natural populations are Not all threats to Solanum conocarpum and should the magnitude or the known to occur in 8 localities where the are imminent, but we do have evidence imminence of the threats change, we majority of the individuals (86 percent) of some currently ongoing threats. will revisit our assessment of the LPN. are located within protected areas Studies show that S. conocarpum is Preclusion and Expeditious Progress (Table 1). However, if at any time we limited by its lack of recruitment and determine that issuing an emergency low reproductive capacity, both of Preclusion is a function of the listing regulation temporarily listing the which are likely due to habitat priority of a species in relation to the species is warranted, we will initiate fragmentation. resources that are available and the cost this action at that time. Threats under Factor A are low-to- and relative priority of competing moderate, but not imminent because of demands for those resources. Thus, in Listing Priority Number protections provided through any given fiscal year (FY), multiple The Service adopted guidelines on conservation agreements within private factors dictate whether it will be September 21, 1983 (48 FR 43098), to lands and management of the possible to undertake work on a listing establish a rational system for utilizing populations on VINP lands. The proposal regulation or whether available resources for the highest majority of the threats to Factor E are promulgation of such a proposal is priority species when adding species to high in magnitude and imminent precluded by higher-priority listing the Lists of Endangered or Threatened because they are currently occurring actions. Wildlife and Plants or reclassifying throughout the range of the species and The resources available for listing species listed as threatened to result in the lack of successful actions are determined through the endangered status. The system places recruitment. Threats under Factor E annual Congressional appropriations greatest importance on the immediacy have occurred in the past and are clearly process. The appropriation for the and magnitude of threats, but also a threat today and in the near future. Listing Program is available to support factors in the level of taxonomic These impacts directly affect the species work involving the following listing distinctiveness by assigning priority in ability to produce new plants and the actions: Proposed and final listing rules; descending order to monotypic genera, older plants are dying due to 90-day and 12-month findings on full species, and subspecies (or competition with other vegetation. petitions to add species to the Lists of equivalently, distinct population Additionally, the pollinators and seed Endangered and Threatened Wildlife segments of vertebrates). dispersers are unknown and may be and Plants (Lists) or to change the status Using this guidance, we assign each focused on other food sources as the of a species from threatened to candidate an LPN of 1 to 12, depending species population became fragmented. endangered; annual ‘‘resubmitted’’ on the magnitude of threats (high vs. The U.S. Virgin Island and the IUCN petition findings on prior warranted- moderate to low), immediacy of threats have already classified this species as but-precluded petition findings as (imminent or nonimminent), and endangered according to their criteria. required under section 4(b)(3)(C)(i) of

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the Act; critical habitat petition subcap funds to fund proposed listing is deciding whether or not to commence findings; proposed and final rules determinations for high-priority a rulemaking. designating critical habitat; and candidate species. In other FYs, while In FY 2011, on December 22, 2010, litigation-related, administrative, and we were unable to use any of the critical Congress passed a continuing resolution program-management functions habitat subcap funds to fund proposed which provides funding at the FY 2010 (including preparing and allocating listing determinations, we did use some enacted level through March 4, 2011. budgets, responding to Congressional of this money to fund the critical habitat Until Congress appropriates funds for and public inquiries, and conducting portion of some proposed listing FY 2011 at a different level, we will public outreach regarding listing and determinations so that the proposed fund listing work based on the FY 2010 critical habitat). The work involved in listing determination and proposed amount. Thus, at this time in FY 2011, preparing various listing documents can critical habitat designation could be the Service anticipates an appropriation be extensive and may include, but is not combined into one rule, thereby being of $22,103,000 based on FY 2010 limited to: Gathering and assessing the more efficient in our work. At this time, appropriations. Of that, the Service best scientific and commercial data for FY 2011, we do not know if we will must dedicate $11,632,000 for available and conducting analyses used be able to use some of the critical determinations of critical habitat for as the basis for our decisions; writing habitat subcap funds to fund proposed already listed species. Also $500,000 is and publishing documents; and listing determinations. appropriated for foreign species listings obtaining, reviewing, and evaluating We make our determinations of under the Act. The Service thus has public comments and peer review preclusion on a nationwide basis to $9,971,000 available to fund work in the comments on proposed rules and ensure that the species most in need of following categories: Compliance with incorporating relevant information into listing will be addressed first and also court orders and court-approved final rules. The number of listing because we allocate our listing budget settlement agreements requiring that actions that we can undertake in a given on a nationwide basis. Through the petition findings or listing year also is influenced by the listing cap, the critical habitat subcap, determinations be completed by a complexity of those listing actions; that and the amount of funds needed to specific date; section 4 (of the Act) is, more complex actions generally are address court-mandated critical habitat listing actions with absolute statutory more costly. The median cost for designations, Congress and the courts deadlines; essential litigation-related, preparing and publishing a 90-day have in effect determined the amount of administrative, and listing program- finding is $39,276; for a 12-month money available for other listing management functions; and high- finding, $100,690; for a proposed rule activities nationwide. Therefore, the priority listing actions for some of our with critical habitat, $345,000; and for funds in the listing cap, other than those candidate species. In FY 2010 the a final listing rule with critical habitat, needed to address court-mandated Service received many new petitions the median cost is $305,000. critical habitat for already listed species, and a single petition to list 404 species. We cannot spend more than is set the limits on our determinations of The receipt of petitions for a large appropriated for the Listing Program preclusion and expeditious progress. number of species is consuming the without violating the Anti-Deficiency Service’s listing funding that is not Act (see 31 U.S.C. 1341(a)(1)(A)). In Congress identified the availability of dedicated to meeting court-ordered addition, in FY 1998 and for each fiscal resources as the only basis for deferring commitments. Absent some ability to year since then, Congress has placed a the initiation of a rulemaking that is balance effort among listing duties statutory cap on funds which may be warranted. The Conference Report expended for the Listing Program, equal accompanying Public Law 97–304 under existing funding levels, it is to the amount expressly appropriated (Endangered Species Act Amendments unlikely that the Service will be able to for that purpose in that fiscal year. This of 1982), which established the current initiate any new listing determination cap was designed to prevent funds statutory deadlines and the warranted- for candidate species in FY 2011. appropriated for other functions under but-precluded finding, states that the In 2009, the responsibility for listing the Act (for example, recovery funds for amendments were ‘‘not intended to foreign species under the Act was removing species from the Lists), or for allow the Secretary to delay transferred from the Division of other Service programs, from being used commencing the rulemaking process for Scientific Authority, International for Listing Program actions (see House any reason other than that the existence Affairs Program, to the Endangered Report 105–163, 105th Congress, 1st of pending or imminent proposals to list Species Program. Therefore, starting in Session, July 1, 1997). species subject to a greater degree of FY 2010, we used a portion of our Since FY 2002, the Service’s budget threat would make allocation of funding to work on the actions has included a critical habitat subcap to resources to such a petition [that is, for described above for listing actions ensure that some funds are available for a lower-ranking species] unwise.’’ related to foreign species. In FY 2011, other work in the Listing Program (‘‘The Although that statement appeared to we anticipate using $1,500,000 for work critical habitat designation subcap will refer specifically to the ‘‘to the on listing actions for foreign species ensure that some funding is available to maximum extent practicable’’ limitation which reduces funding available for address other listing activities’’ (House on the 90-day deadline for making a domestic listing actions, however, Report No. 107–103, 107th Congress, 1st ‘‘substantial information’’ finding, that currently only $500,000 has been Session, June 19, 2001)). In FY 2002 and finding is made at the point when the allocated. Although there are currently each year until FY 2006, the Service has Service is deciding whether or not to no foreign species issues included in had to use virtually the entire critical commence a status review that will our high-priority listing actions at this habitat subcap to address court- determine the degree of threats facing time, many actions have statutory or mandated designations of critical the species, and therefore the analysis court-approved settlement deadlines, habitat, and consequently none of the underlying the statement is more thus increasing their priority. The critical habitat subcap funds have been relevant to the use of the warranted-but- budget allocations for each specific available for other listing activities. In precluded finding, which is made when listing action are identified in the some FYs since 2006, we have been able the Service has already determined the Service’s FY 2011 Allocation Table (part to use some of the critical habitat degree of threats facing the species and of our record).

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For the above reasons, funding a group of approximately 40 candidate we determine which high-priority proposed listing determination for species (‘‘Top 40’’). These 40 candidate species will receive funding to Solanum conocarpum is precluded by species have had the highest priority to minimize the amount of time and court-ordered and court-approved receive funding to work on a proposed resources required to complete each settlement agreements, listing actions listing determination. As we work on listing action. with absolute statutory deadlines, and proposed and final listing rules for those As explained above, a determination work on proposed listing 40 candidates, we apply the ranking determinations for those candidate criteria to the next group of candidates that listing is warranted but precluded species with a higher listing priority with an LPN of 2 and 3 to determine the must also demonstrate that expeditious (i.e., candidate species with LPNs of 1). next set of highest priority candidate progress is being made to add and As discussed under Listing Priority species. Finally, proposed rules for remove qualified species to and from Number above, based on our September reclassification of threatened species to the Lists of Endangered and Threatened 21, 1983, guidance for assigning an LPN endangered are lower priority, since as Wildlife and Plants. As with our for each candidate species (48 FR listed species, they are already afforded ‘‘precluded’’ finding, the evaluation of 43098), we have a significant number of the protection of the Act and whether progress in adding qualified species with a LPN of 2. Because of the implementing regulations. However, for species to the Lists has been expeditious large number of high-priority species, efficiency reasons, we may choose to is a function of the resources available we have further ranked the candidate work on a proposed rule to reclassify a for listing and the competing demands species with an LPN of 2 by using the species to endangered if we can for those funds. (Although we do not following extinction-risk type criteria: combine this with work that is subject discuss it in detail here, we are also International Union for the to a court-determined deadline. making expeditious progress in Conservation of Nature and Natural With our workload so much bigger removing species from the list under the Resources (IUCN) Red list status/rank, than the amount of funds we have to Recovery program in light of the Heritage rank (provided by accomplish it, it is important that we be resource available for delisting, which is NatureServe), Heritage threat rank as efficient as possible in our listing funded by a separate line item in the (provided by NatureServe), and species process. Therefore, as we work on currently with fewer than 50 proposed rules for the highest priority budget of the Endangered Species individuals, or 4 or fewer populations. species in the next several years, we are Program. So far during FY 2011, we Those species with the highest IUCN preparing multi-species proposals when have completed one delisting rule.) rank (critically endangered), the highest appropriate, and these may include Given the limited resources available for Heritage rank (G1), the highest Heritage species with lower priority if they listing, we find that we are making threat rank (substantial, imminent overlap geographically or have the same expeditious progress in FY 2011 in the threats), and currently with fewer than threats as a species with an LPN of 2. Listing. This progress included 50 individuals, or fewer than 4 In addition, we take into consideration preparing and publishing the following populations, originally comprised a the availability of staff resources when determinations:

FY 2011 COMPLETED LISTING ACTIONS

Publication date Title Actions FR Pages

10/6/2010 ...... Endangered Status for the Altamaha Spinymussel and Designation Proposed Listing En- 75 FR 61664–61690 of Critical Habitat. dangered. 10/7/2010 ...... 12-month Finding on a Petition To List the Sacramento Splittail as Notice of 12-month 75 FR 62070–62095 Endangered or Threatened. petition finding, Not warranted. 10/28/2010 ...... Endangered Status and Designation of Critical Habitat for Proposed Listing En- 75 FR 66481–66552 Spikedace and Loach Minnow. dangered (uplisting). 11/2/2010 ...... 90-Day Finding on a Petition To List the Bay Springs Salamander Notice of 90-day Peti- 75 FR 67341–67343 as Endangered. tion Finding, Not substantial. 11/2/2010 ...... Determination of Endangered Status for the Georgia Pigtoe Mus- Final Listing Endan- 75 FR 67511–67550 sel, Interrupted Rocksnail, and Rough Hornsnail and Designa- gered. tion of Critical Habitat. 11/2/2010 ...... Listing the Rayed Bean and Snuffbox as Endangered ...... Proposed Listing En- 75 FR 67551–67583 dangered. 11/4/2010 ...... 12-Month Finding on a Petition To List Cirsium wrightii (Wright’s Notice of 12-month 75 FR 67925–67944 Marsh Thistle) as Endangered or Threatened. petition finding, Warranted but pre- cluded. 12/14/2010 ...... Endangered Status for Dunes Sagebrush Lizard ...... Proposed Listing En- 75 FR 77801–77817 dangered. 12/14/2010 ...... 12-month Finding on a Petition To List the North American Wol- Notice of 12-month 75 FR 78029–78061 verine as Endangered or Threatened. petition finding, Warranted but pre- cluded. 12/14/2010 ...... 12-Month Finding on a Petition To List the Sonoran Population of Notice of 12-month 75 FR 78093–78146 the Desert Tortoise as Endangered or Threatened. petition finding, Warranted but pre- cluded.

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FY 2011 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR Pages

12/15/2010 ...... 12-Month Finding on a Petition To List Astragalus microcymbus Notice of 12-month 75 FR 78513–78556 and Astragalus schmolliae as Endangered or Threatened. petition finding, Warranted but pre- cluded. 12/28/2010 ...... Listing Seven Brazilian Species as Endangered Throughout Final Listing Endan- 75 FR 81793–81815 Their Range. gered. 1/4/2011 ...... 90-Day Finding on a Petition To List the Red Knot subspecies Notice of 90-day Peti- 76 FR 304–311 Calidris canutus roselaari as Endangered. tion Finding, Not substantial. 1/19/2011 ...... Endangered Status for the Sheepnose and Spectaclecase Mussels Proposed Listing En- 76 FR 3392–3420 dangered. 2/10/2011 ...... 12-Month Finding on a Petition To List the Pacific Walrus as En- Notice of 12-month 76 FR 7634–7679 dangered or Threatened. petition finding, Warranted but pre- cluded.

Our expeditious progress also statutory timelines, that is, timelines a lower priority if they overlap includes work on listing actions that we required under the Act. Actions in the geographically or have the same threats funded in FY 2010 and FY 2011 but bottom section of the table are high- as the species with the high priority. have not yet been completed to date. priority listing actions. These actions Including these species together in the These actions are listed below. Actions include work primarily on species with same proposed rule results in in the top section of the table are being an LPN of 2, and, as discussed above, considerable savings in time and conducted under a deadline set by a selection of these species is partially funding, as compared to preparing court. Actions in the middle section of based on available staff resources, and separate proposed rules for each of them the table are being conducted to meet when appropriate, include species with in the future.

ACTIONS FUNDED IN FY 2010 AND FY 2011 BUT NOT YET COMPLETED

Species Action

Actions Subject to Court Order/Settlement Agreement

Flat-tailed horned lizard ...... Final listing determination. Mountain plover 4 ...... Final listing determination. Thorne’s Hairstreak butterfly 3 ...... 12-month petition finding. Hermes copper butterfly 3 ...... 12-month petition finding. 4 species (military , yellow-billed parrot, red-crowned parrot, ) 5 ...... 12-month petition finding. 4 parrot species (blue-headed macaw, great green macaw, grey-cheeked parakeet, hyacinth 12-month petition finding. macaw)5. 4 parrot species (crimson shining parrot, white cockatoo, Philippine cockatoo, yellow-crested 12-month petition finding. cockatoo)5. Utah prairie dog (uplisting) ...... 90-day petition finding.

Actions with Statutory Deadlines

Casey’s june beetle ...... Final listing determination. Southern rockhopper penguin—Campbell Plateau population ...... Final listing determination. 6 from Eurasia ...... Final listing determination. 5 Bird species from and ...... Final listing determination. Queen Charlotte goshawk ...... Final listing determination. 5 species southeast fish (Cumberland darter, rush darter, yellowcheek darter, chucky madtom, and Final listing determination. laurel dace)4. Ozark hellbender 4 ...... Final listing determination. Altamaha spinymussel 3 ...... Final listing determination. 3 Colorado plants (Ipomopsis polyantha (Pagosa Skyrocket), Penstemon debilis (Parachute Final listing determination. Beardtongue), and Phacelia submutica (DeBeque Phacelia))4. Salmon crested cockatoo ...... Final listing determination. 6 Birds from Peru and Bolivia ...... Final listing determination. Loggerhead sea turtle (assist National Marine Fisheries Service) 5 ...... Final listing determination. 2 mussels (rayed bean (LPN = 2), snuffbox No LPN) 5 ...... Final listing determination. CA golden trout 4 ...... 12-month petition finding. Black-footed albatross ...... 12-month petition finding. Mount Charleston blue butterfly ...... 12-month petition finding. Mojave fringe-toed lizard 1 ...... 12-month petition finding. Kokanee—Lake Sammamish population 1 ...... 12-month petition finding. Cactus ferruginous pygmy-owl 1 ...... 12-month petition finding. Northern leopard frog ...... 12-month petition finding. Tehachapi slender salamander ...... 12-month petition finding. Coqui Llanero ...... 12-month petition finding/Proposed listing.

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ACTIONS FUNDED IN FY 2010 AND FY 2011 BUT NOT YET COMPLETED—Continued

Species Action

Dusky tree vole ...... 12-month petition finding. 3 MT invertebrates (mist forestfly (Lednia tumana), Oreohelix sp. 3, Oreohelix sp. 31) from 206 spe- 12-month petition finding. cies petition. 5 UT plants (Astragalus hamiltonii, Eriogonum soredium, Lepidium ostleri, Penstemon flowersii, 12-month petition finding. Trifolium friscanum) from 206 species petition. 5 WY plants (Abronia ammophila, Agrostis rossiae, Astragalus proimanthus, Boechere (Arabis) 12-month petition finding. pusilla, Penstemon gibbensii) from 206 species petition. Leatherside chub (from 206 species petition) ...... 12-month petition finding. Frigid ambersnail (from 206 species petition) 3 ...... 12-month petition finding. Platte River caddisfly (from 206 species petition) 5 ...... 12-month petition finding. Gopher tortoise—eastern population ...... 12-month petition finding. Grand Canyon scorpion (from 475 species petition) ...... 12-month petition finding. Anacroneuria wipukupa (a stonefly from 475 species petition) 4 ...... 12-month petition finding. Rattlesnake-master borer (from 475 species petition) 3 ...... 12-month petition finding. 3 Texas ( furtiva, Sphingicampa blanchardi, Agapema galbina) (from 475 species peti- 12-month petition finding. tion). 2 Texas shiners (Cyprinella sp., Cyprinella lepida) (from 475 species petition) ...... 12-month petition finding. 3 South Arizona plants (Erigeron piscaticus, Astragalus hypoxylus, Amoreuxia gonzalezii) (from 475 12-month petition finding. species petition). 5 Central Texas mussel species (3 from 475 species petition) ...... 12-month petition finding. 14 (foreign species) ...... 12-month petition finding. Berry Cave salamander 1 ...... 12-month petition finding. Striped Newt 1 ...... 12-month petition finding. Fisher—Northern Rocky Mountain Range 1 ...... 12-month petition finding. Mohave Ground Squirrel 1 ...... 12-month petition finding. Puerto Rico Harlequin Butterfly 3 ...... 12-month petition finding. Western gull-billed tern ...... 12-month petition finding. Ozark chinquapin (Castanea pumila var. ozarkensis) 4 ...... 12-month petition finding. HI yellow-faced bees ...... 12-month petition finding. Giant Palouse earthworm ...... 12-month petition finding. Whitebark pine ...... 12-month petition finding. OK grass pink (Calopogon oklahomensis) 1 ...... 12-month petition finding. Ashy storm-petrel 5 ...... 12-month petition finding. Honduran emerald ...... 12-month petition finding. Southeastern pop. snowy plover and wintering pop. of piping plover 1 ...... 90-day petition finding. Eagle Lake trout 1 ...... 90-day petition finding. Smooth-billed ani 1 ...... 90-day petition finding. 32 Pacific Northwest mollusks species (snails and slugs) 1 ...... 90-day petition finding. 42 snail species (Nevada and Utah) ...... 90-day petition finding. Peary caribou ...... 90-day petition finding. Plains bison ...... 90-day petition finding. Spring Mountains checkerspot butterfly ...... 90-day petition finding. Spring pygmy sunfish ...... 90-day petition finding. Bay skipper ...... 90-day petition finding. Unsilvered fritillary ...... 90-day petition finding. Texas kangaroo rat ...... 90-day petition finding. Spot-tailed earless lizard ...... 90-day petition finding. Eastern small-footed bat ...... 90-day petition finding. Northern long-eared bat ...... 90-day petition finding. Prairie chub ...... 90-day petition finding. 10 species of Great Basin butterfly ...... 90-day petition finding. 6 sand dune (scarab) beetles ...... 90-day petition finding. Golden-winged warbler 4 ...... 90-day petition finding. Sand-verbena moth ...... 90-day petition finding. 404 Southeast species ...... 90-day petition finding. Franklin’s bumble bee 4 ...... 90-day petition finding. 2 Idaho snowflies (straight snowfly and Idaho snowfly) 4 ...... 90-day petition finding. American eel 4 ...... 90-day petition finding. Gila monster (Utah population) 4 ...... 90-day petition finding. Arapahoe snowfly 4 ...... 90-day petition finding. Leona’s little blue 4 ...... 90-day petition finding. Aztec gilia 5 ...... 90-day petition finding. White-tailed ptarmigan 5 ...... 90-day petition finding. San Bernardino flying squirrel 5 ...... 90-day petition finding. Bicknell’s thrush 5 ...... 90-day petition finding. Chimpanzee ...... 90-day petition finding. Sonoran talussnail 5 ...... 90-day petition finding. 2 AZ Sky Island plants (Graptopetalum bartrami and Pectis imberbis) 5 ...... 90-day petition finding. I’iwi 5 ...... 90-day petition finding.

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ACTIONS FUNDED IN FY 2010 AND FY 2011 BUT NOT YET COMPLETED—Continued

Species Action

High-Priority Listing Actions

19 Oahu candidate species 2 (16 plants, 3 damselflies) (15 with LPN = 2, 3 with LPN = 3, 1 with LPN Proposed listing. = 9). 19 Maui-Nui candidate species 2 (16 plants, 3 tree snails) (14 with LPN = 2, 2 with LPN = 3, 3 with Proposed listing. LPN = 8). 2 Arizona springsnails 2 (Pyrgulopsis bernadina (LPN = 2), Pyrgulopsis trivialis (LPN = 2)) ...... Proposed listing. Chupadera springsnail 2 (Pyrgulopsis chupaderae (LPN = 2) ...... Proposed listing. 8 Gulf Coast mussels (southern kidneyshell (LPN = 2), round ebonyshell (LPN = 2), Alabama Proposed listing. pearlshell (LPN = 2), southern sandshell (LPN = 5), fuzzy pigtoe (LPN = 5), Choctaw bean (LPN = 5), narrow pigtoe (LPN = 5), and tapered pigtoe (LPN = 11)) 4. Umtanum buckwheat (LPN = 2) and white bluffs bladderpod (LPN = 9) 4 ...... Proposed listing. Grotto sculpin (LPN = 2) 4 ...... Proposed listing. 2 Arkansas mussels (Neosho mucket (LPN = 2) and Rabbitsfoot (LPN = 9)) 4 ...... Proposed listing. Diamond darter (LPN = 2) 4 ...... Proposed listing. Gunnison sage-grouse (LPN = 2) 4 ...... Proposed listing. Miami blue (LPN = 3) 3 ...... Proposed listing. 4 Texas salamanders (Austin blind salamander (LPN = 2), Salado salamander (LPN = 2), George- Proposed listing. town salamander (LPN = 8), Jollyville Plateau (LPN = 8)) 3. 5 SW aquatics (Gonzales Spring Snail (LPN = 2), Diamond Y springsnail (LPN = 2), Phantom Proposed listing. springsnail (LPN = 2), Phantom Cave snail (LPN = 2), Diminutive amphipod (LPN = 2))3. 2 Texas plants (Texas golden gladecress (Leavenworthia texana) (LPN = 2), Neches River rose-mal- Proposed listing. low (Hibiscus dasycalyx) (LPN = 2))3. FL bonneted bat (LPN = 2) 3 ...... Proposed listing. 21 Big Island (HI) species 5 (includes 8 candidate species—5 plants and 3 animals; 4 with LPN = 2, Proposed listing. 1 with LPN = 3, 1 with LPN = 4, 2 with LPN = 8). 12 Puget Sound prairie species (9 subspecies of pocket gopher (Thomomys mazama ssp.) (LPN = Proposed listing. 3), streaked horned lark (LPN = 3), Taylor’s checkerspot (LPN = 3), Mardon skipper (LPN = 8))3. 2 TN River mussels (fluted kidneyshell (LPN = 2), slabside pearlymussel (LPN = 2) 5 ...... Proposed listing. Jemez Mountain salamander (LPN = 2) 5 ...... Proposed listing. 1 Funds for listing actions for these species were provided in previous FYs. 2 Although funds for these high-priority listing actions were provided in FY 2008 or 2009, due to the complexity of these actions and competing priorities, these actions are still being developed. 3 Partially funded with FY 2010 funds and FY 2011 funds. 4 Funded with FY 2010 funds. 5 Funded with FY 2011 funds.

We have endeavored to make our including the need to make prompt use DEPARTMENT OF COMMERCE listing actions as efficient and timely as of emergency listing procedures. possible, given the requirements of the National Oceanic and Atmospheric References Cited relevant law and regulations, and Administration constraints relating to workload and A complete list of references cited is 50 CFR Part 223 personnel. We are continually available on the Internet at http:// considering ways to streamline www.regulations.gov and upon request [Docket No. 101126590–0589–01] processes or achieve economies of scale, from the Caribbean Ecological Services RIN 0648–XZ59 such as by batching related actions Field Office (see ADDRESSES section). together. Given our limited budget for Endangered and Threatened Species; Authors implementing section 4 of the Act, these Proposed Threatened Status for actions described above collectively The primary authors of this notice are Subspecies of the Ringed Seal constitute expeditious progress. the staff members of the Caribbean AGENCY: National Marine Fisheries We intend that any proposed Ecological Services Field Office. reclassification of Solanum conocarpum Service (NMFS), National Oceanic and will be as accurate as possible. Authority Atmospheric Administration (NOAA), Therefore, we will continue to accept Commerce. The authority for this section is additional information and comments ACTION: Notice of public hearings. section 4 of the Endangered Species Act from all concerned governmental SUMMARY: On December 10, 2010, we, agencies, the scientific community, of 1973, as amended (16 U.S.C. 1531 et NMFS, published a proposed rule to list industry, or any other interested party seq.). the Arctic (Phoca hispida hispida), Dated: February 10, 2011. concerning this finding. Okhotsk (Phoca hispida ochotensis), Solanum conocarpum will be added Rowan W. Gould, Baltic (Phoca hispida botnica), and to the list of candidate species upon Acting Director, Fish and Wildlife Service. Ladoga (Phoca hispida ladogensis) publication of this 12-month finding. [FR Doc. 2011–3730 Filed 2–18–11; 8:45 am] subspecies of the ringed seal as We will continue to evaluate this BILLING CODE 4310–55–P threatened under the Endangered species as new information becomes Species Act of 1973, as amended (ESA). available. This review will determine if As part of that proposal, we announced a change in status is warranted, a public comment period to end on

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