Federal Register / Vol. 79, No. 174 / Tuesday, September 9, 2014 / Rules and Regulations 53303

EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued

State State citation Title/subject approval/ EPA approval date Explanation submittal date

Section 115.117 ...... Approved Test Methods ...... 12/1/2011 9/9/2014 [Insert FEDERAL REG- ISTER citation]. Section 115.118 ...... Recordkeeping Requirements .... 12/1/2011 9/9/2014 [Insert FEDERAL REG- ISTER citation]. Section 115.119 ...... Compliance Schedules ...... 12/1/2011 9/9/2014 [Insert FEDERAL REG- ISTER citation].

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* * * * * Federal Communications Commission. DEPARTMENT OF THE INTERIOR [FR Doc. 2014–21306 Filed 9–8–14; 8:45 am] Marlene H. Dortch, BILLING CODE 6560–50–P Secretary. Fish and Wildlife Service

Accordingly, 47 CFR part 64 is 50 CFR Part 17 corrected by making the following FEDERAL COMMUNICATIONS technical amendment: [Docket No. FWS–R4–ES–2013–0103; COMMISSION 4500030113] PART 64—MISCELLANEOUS RULES 47 CFR Part 64 RELATING TO COMMON CARRIERS RIN 1018–AZ10 [CG Docket Nos. 13–24 and 03–123; FCC Endangered and Threatened Wildlife ■ 13–118] 1. The authority citation for part 64 and ; Endangered Species continues to read as follows: Status for Agave eggersiana and Misuse of Internet Protocol (IP) Authority: 47 U.S.C. 154, 254(k); Gonocalyx concolor, and Threatened Captioned Telephone Service; 403(b)(2)(B), (c), Pub. L. 104–104, 110 Stat. Species Status for rupicola Correction 56. Interpret or apply 47 U.S.C. 201, 218, 222, AGENCY: Fish and Wildlife Service, 225, 226, 227, 228, 254(k), 616, 620, and the AGENCY: Federal Communications Interior. Commission. Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112–96, unless otherwise ACTION: Final rule. ACTION: Technical amendments. noted. SUMMARY: We, the U.S. Fish and SUMMARY: The Federal Communications ■ 2. Amend § 64.604 by adding Wildlife Service (Service), determine Commission (Commission) published in paragraph (c)(11)(iv) to read as follows: endangered species status under the the Federal Register on August 28, Endangered Species Act of 1973, as 2014, 79 FR 51450, amending its rules § 64.604 Mandatory minimum standards. amended (Act), for Agave eggersiana (no for Internet Protocol Captioned * * * * * common name) and Gonocalyx concolor Telephone Service (IP CTS). That (c) * * * (no common name), and threatened document inadvertently removed species status for Varronia rupicola (no § 64.604(c)(11)(iv) of the Commission’s (11) * * * common name). These three plants are rules. This document corrects the final (iv) IP CTS providers shall maintain, endemic to the Caribbean. The effect of regulations by adding back that section. with each consumer’s registration this regulation will be to add these DATES: Effective September 9, 2014. records, records describing any IP CTS species to the List of Endangered and FOR FURTHER INFORMATION CONTACT: Eliot equipment provided, directly or Threatened Plants. Greenwald, Disability Rights Office, indirectly, to such consumer, stating the DATES: This rule is effective October 9, Consumer and Governmental Affairs amount paid for such equipment, and 2014. Bureau, at (202) 418–2235 (voice), or stating whether the label required by ADDRESSES: This final rule is available email [email protected]. paragraph (c)(11)(iii) of this section was on the Internet at http:// affixed to such equipment prior to its SUPPLEMENTARY INFORMATION: The www.regulations.gov and http:// Commission published a document in provision to the consumer. For www.fws.gov/caribbean/es. Comments the Federal Register on August 30, consumers to whom IP CTS equipment and materials we received, as well as 2013, 78 FR 53684, adding was provided directly or indirectly prior supporting documentation we used in § 64.604(c)(11)(iv) of its rules for IP CTS. to the effective date of this paragraph preparing this rule, are available for In FR Doc. 2014–20433, published in (c)(11), such records shall state whether public inspection at http:// the Federal Register on August 28, and when the label required by www.regulations.gov. All of the 2014, 79 FR 51450, § 64.604(c)(11)(iv) paragraph (c)(11)(iii) of this section was comments, materials, and was inadvertently removed. This distributed to such consumer. Such documentation that we considered in correction reverses that removal and records shall be maintained for a this rulemaking are available by adds § 64.604(c)(11)(iv) as published on minimum period of five years after the appointment, during normal business August 30, 2013, 78 FR 53684. consumer ceases to obtain service from hours at: U.S. Fish and Wildlife Service, the provider. Caribbean Ecological Services Field List of Subjects in 47 CFR Part 64 * * * * * Office, P.O. Box 491, Road 301 Km. 5.1, Individuals with disabilities, [FR Doc. 2014–21053 Filed 9–8–14; 8:45 am] Boquero´n, PR 00622; telephone 787– Telecommunications. BILLING CODE 6712–01–P 851–7297.

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FOR FURTHER INFORMATION CONTACT: specialists to ensure that our and provided suggestions to improve Marelisa Rivera, Deputy Field determination is based on scientifically the final rule. Supervisor, U.S. Fish and Wildlife sound data, assumptions, and analyses. Comment on Climate Change and Our Service, Caribbean Ecological Services We invited these peer reviewers to Response Field Office, P.O. Box 491, Road 301 comment on our listing proposal. We Km. 5.1, Boquero´n, PR 00622; telephone also considered all other comments and Specifically, the one substantive 787–851–7297; or facsimile 787–851– information we received during the comment on the listing proposal we 7440. Persons who use a comment period. received stated that we should analyze telecommunications device for the deaf climate change threats through the year (TDD) may call the Federal Information Previous Federal Action 2100 at minimum. We do not have Relay Service (FIRS) at 800–877–8339. Please refer to the proposed listing information to analyze the impacts of SUPPLEMENTARY INFORMATION: rule for Agave eggersiana, Gonocalyx climate change through the year 2100. concolor, and Varronia rupicola (78 FR We evaluated climate change with the Executive Summary 62560; October 22, 2013) for a detailed best scientific and commercial Why we need to publish a rule. Under description of previous Federal actions information available. At the moment, the Act, a species may warrant concerning this species. there are no specific studies discussing protection through listing if it is the projected impacts on any of these endangered or threatened throughout all Summary of Comments and three species or their habitats. We or a significant portion of its range. Recommendations discuss how changes caused by climate Listing a species as an endangered or In the proposed rule published on change may impact the three Caribbean threatened species can only be October 22, 2013 (78 FR 62560), we plants in our threat assessment (October completed by issuing a rule. requested that all interested parties 22, 2013; 78 FR 62560) and we examine This rule lists Agave eggersiana (no submit written comments on the the potential consequences to these common name) and Gonocalyx concolor proposal by December 23, 2013. We also species and their habitats that rise from (no common name) as endangered contacted appropriate Federal and State changes in environmental conditions species, and Varronia rupicola (no agencies, scientific experts and associated with various aspects of common name) as a threatened species organizations, and other interested climate change (i.e., intensity of under the Act. Elsewhere in today’s parties and invited them to comment on hurricanes and tropical storms, followed Federal Register, we designate critical the proposal. Newspaper notices by extended period of drought), and habitat for Agave eggersiana, inviting general public comment were how, in combination with other factors, Gonocalynx concolor, and Varronia published in the Virgin Islands Daily climate change can increase the impacts rupicola under the Act. News and Primera Hora. All substantive on the species. As additional The basis for our action. Under the information provided during comment information becomes available, we will Act, we may determine that a species is periods has either been incorporated continue to address this threat, and an endangered or threatened species directly into this final determination or develop actions to minimize the impact based on any of five factors: (A) The is addressed below. of climate change during the present or threatened destruction, development of the recovery plan for modification, or curtailment of its Peer Reviewer Comments the three Caribbean plants. habitat or range; (B) overutilization for In accordance with our peer review commercial, recreational, scientific, or Summary of Changes From Proposed policy published on July 1, 1994 (59 FR educational purposes; (C) disease or Rule 34270), we solicited expert opinion predation; (D) the inadequacy of from nine knowledgeable individuals In this final rule, we made no existing regulatory mechanisms; or (E) with scientific expertise that included substantive changes to the proposed other natural or manmade factors familiarity with Agave eggersiana, rule. affecting its continued existence. We Gonocalyx concolor, and Varronia have determined that listing is Background rupicola and their habitats, biological warranted for these species, which are needs, and threats. We received Agave eggersiana currently at risk throughout all of their responses from one peer reviewer. respective ranges due to threats related Agave eggersiana is a flowering to: We reviewed all comments received of the family Agavaceae (century plant • Agave eggersiana—potential future for substantive issues and new family) endemic to the island of St. development for residential, urban, and information regarding the listing of Croix in the U.S. Virgin Islands (USVI). tourist use; agriculture use; dropping of Agave eggersiana, Gonocalyx concolor, It is currently known from coastal cliffs debris; competing nonnative plants; and Varronia rupicola. The peer with sparse vegetation and dry coastal fires; hurricanes; predation; and disease reviewer generally concurred with our shrubland vegetation communities cause by insects (weevils). conclusions in the proposed rule. within the subtropical dry forest life • zone of St. Croix, USVI (Ewel and Goncalyx concolor—installation or Public Comments expansion of telecommunication towers, Whitmore 1973, p. 72). The coastal cliffs road improvement, vegetation During the public comment period, where Agave eggersiana occurs are management, and small number of we received one comment letter that dominated by rocky formations and individuals and populations. addressed the proposed listing and the areas with less than 10 percent • Varronia rupicola—loss of habitat proposed critical habitat designation. vegetative cover. These coastal cliffs are due to urban development, right-of-way We did not receive any requests for a exposed to extremes of wind, salt spray, development and maintenance, public hearing. Comments pertaining to and low moisture, and they are usually deforestation, and hurricanes; and the critical habitat designation are sparsely vegetated with a canopy less inadequate existing regulatory addressed in that final rule, which is than 3.3 feet (ft) (1 meter (m)) in height mechanisms (lack of enforcement). published elsewhere in today’s Federal (Gibney et al. 2000, p. 7; Moser et al. Peer review and public comment. We Register. The letter received regarding 2010, Appendix A–11). It is sought comments from independent the proposed listing supports the listing distinguished from other members of

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the Agavaceae family by its acaulescent with an acute apex, rounded to obtuse susceptibility to development in the (without an evident leafy stem), non- at the base, and chartaceous (papery). near future. The coastal areas that suckering growth habit (vegetative Please refer to the proposed listing harbor suitable habitat for the species reproduction that does not form rule for Agave eggersiana, Gonocalyx are currently subject to urban and offshoots around its base), and its concolor, and Varronia rupicola tourist development (O. Monsegur and fleshy, nearly straight leaves with small (October 22, 2013; 78 FR 62560) for the M. Vargas, Service, pers. obs., 2010 and marginal prickles of 0.04 inches (in) (0.1 complete background information of the 2013). At least two proposed centimeters (cm)) long that are nearly species. development projects have been straight (Britton and Wilson 1923, p. identified within suitable habitat for the Summary of Biological Status and 156; Proctor and Acevedo-Rodrı´guez species (i.e., C&R Robin, LLC, and Seven Threats 2005, p. 118). Its are deep Hills Beach Resort and Casino) (Weiss, yellow and 2.0 to 2.34 in (5 to 6 cm) Section 4 of the Act (16 U.S.C. 1533) CBD, pers. comm., 2010). Current long. After flowering, the panicles and its implementing regulations at 50 information regarding the status of these (inflorescence) produce numerous small CFR part 424 set forth the procedures development projects is not available to vegetative bulbs (bulbils), from which for adding species to the Federal Lists the Service. the species can be propagated (Proctor of Endangered and Threatened Wildlife The population at Protestant Cay has and Acevedo-Rodrı´guez 2005, p. 118). and Plants. Under section 4(a)(1) of the been affected by construction and Agave eggersiana is not known to Act, we may list a species based on any management activities associated with produce , and like other Agave of the following five factors: (A) The the current use of the area, i.e., the species, is monocarpic, meaning the present or threatened destruction, disposal of garden debris from a hotel in plant dies after producing the spike or modification, or curtailment of its the species’ known habitat (O. inflorescence. Furthermore, based on habitat or range; (B) overutilization for Monsegur and M. Vargas, Service, pers. observations of cultivated plants, A. commercial, recreational, scientific, or obs., 2010). As Agave eggersiana relies eggersiana requires at least 10 to 15 educational purposes; (C) disease or on asexual reproduction, the species years to develop as a mature individual predation; (D) the inadequacy of depends on the bulbils becoming and to produce an inflorescence (David existing regulatory mechanisms; and (E) established. Covering the bulbils with Hamada, St. George Village Botanical other natural or manmade factors debris may result in subsequent Garden, pers. comm., 2010). affecting its continued existence. Listing mortality of the bulbils and lack of may be warranted based on any of the natural recruitment, thus affecting the Gonocalyx concolor above threat factors, singly or in long-term survival of this population. Moreover, individuals located on the Gonocalyx concolor was described in combination. edges of the population are pruned as 1970, as a new species of the genus Please refer to the five-factor analysis part of the gardens’ maintenance. This Gonocalyx, family Ericaceae, for Puerto in the proposed rule under Summary of practice may result in mortality or Rico (Nevling 1970, p. 221). G. concolor Factors Affecting the Species for a more mutilation of individuals because the is similar to G. portoricensis, differences detailed discussion for each species’ species is monopodial (single growth in distribution and morphology status assessment (October 22, 2013; 78 axis). The population at Protestant Cay indicate that they are well-differentiated FR 62560). Our assessment evaluated is also threatened by competition with species (Nevling 1970, p. 224). G. the biological status of the species and threats affecting its continued existence. nonnative plant species. In this case, concolor is a small evergreen , habitat modifications from urban mainly epiphytic (grows on the trunks The assessment was based upon the best available scientific and commercial development (e.g., road) and garden of trees) or clambering (uses other maintenance have created conditions for vegetation as support), which may reach information. A summary of these factors follows. the establishment of invasive, nonnative 15 ft (4.7 m) in length (Acevedo 2005, species. Also, the undeveloped habitat p. 227). It has been described as Summary of Factor A: The Present or on the cay is being rapidly colonized by endemic from the elfin forest type at Threatened Destruction, Modification, nonnative species (see Factor E Cerro La Santa and from the ausubo or Curtailment of Its Habitat or Range discussion, below). A. eggersiana plants (Manilkara bidentata) forest type at Agave eggersiana also seem to be stressed by competition Charco Azul, both within the lower with nonnative plants. montane (an altitudinal zone in The Agave eggersiana population Another modification of habitat in the mountainous region characterized by found in Great Pond is the only one area was a sand ramp constructed in distinctive flora and forest structure) located in a conservation area. The 2011, on the northeast side of the cay (T. very wet forest life zone in the Carite remaining populations occur within Cummins and W. Coles, DPNR, pers Commonwealth Forest (Ewel and privately owned lands and are comm., 2011; R. Platenberg and T. Whitmore 1973, p. 41). threatened by development, or are Cummins, DPNR, pers. comm., 2012; Varronia rupicola growing in areas that are already Zegarra, Service, pers. comm., 2012). It developed and managed as tourism and was documented that at least five Varronia rupicola was traditionally residential projects and that will not individuals of Agave eggersiana were lumped into the genus . It has support the continued existence of the crushed or otherwise impacted by the been identified in southwestern Puerto plants. Based on information reported excavation work (R. Platenberg and T. Rico, Vieques Island, and Anegada by the University of the Virgin Islands’ Cummins, DPNR, pers. comm., 2012). Island. It occurs on sites that lie within Conservation Data Center (USVI– The individuals located at Gallows the subtropical dry forest life zone CLWUP 2004), at least three of the Bay are within a developed residential overlying a limestone substrate (Ewel populations (i.e., Protestant Cay, complex that has the potential for future and Whitmore 1973, p. 72). Varronia Gallows Bay, and Manchenil Bay) lie expansion, and thus may affect Agave rupicola is a large shrub reaching up to within areas identified by the eggersiana (O. Monsegur and M. Vargas, 16 ft (5 m) in height. The alternate Department of Planning and Natural Service, pers. obs., 2010 and 2013). leaves are ovate to elliptic, 0.8 to 3.5 Resources (DPNR) as high-density land Moreover, the Gallows Bay area does inches (in) (2 to 9 centimeters (cm)) long use areas, and thus have a higher not contain additional habitat to allow

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for population expansion. Remaining populations, may further limit the populations at Cerro La Santa are forested areas surrounding this location species. Direct consequences can be located within a Commonwealth forest, are characterized by an abundance of expected as impacting (harming) the this area is subjected to development for nonnative species. The small pockets individuals (e.g., cutting or mowing), expansion of telecommunication that could be colonized by bulbils are while indirect consequences can be infrastructure because permits to build occupied by Sansevieria cylindrica expected to create a habitat disturbance new communication facilities or expand (African spear), a nonnative plant where nonnative plants can overpower currently existing ones within or near species that tends to form a complete Agave eggersiana. Currently, there are Commonwealth forests are prevalent cover of the understory (see Factor E ongoing impacts on various populations (DNER 2004a, p. 2). Expansion of the discussion, below). that are expected to continue into the existing telecommunication facilities The area from Cane Garden Bay to future. may result in loss of 27 individuals of Manchenil Bay on the south coast of St. Gonocalyx concolor G. concolor and their habitat. In Puerto Croix harbors four of the known natural Rico, towers for cellular populations of Agave eggersiana Habitat destruction and modification communication, radio, television, and (Manchenil Bay, Vagthus Point, Cane have been identified by species expert military and governmental purposes Garden, and South Shore). According to as the main threat to Gonocalyx have represented a threat to those plant DPNR personnel (Valiulis, pers. comm., concolor (Proctor 1992, p. 3; O. species that happen to occur only on 2010), these areas are advertised by Monsegur, UPRM, unpubl. data, 2006; mountaintops. The proliferation of these realtors for tourism and residential C. Pacheco and O. Monsegur, Service, antennas has increased with the advent development. Furthermore, the areas unpubl. report, 2013, p. 3). In 1974, the of cellular phone and related along the south coast that have not been Commonwealth of granted technologies. While the towers developed are used for cattle or hay special use permits for the construction themselves may not occupy a very large production, minimizing the recovery of of telecommunications facilities, and area, construction activities, access native vegetation and, therefore, the governmental and recreational facilities, roads, and other facilities have a much habitat for A. eggersiana (O. Monsegur within G. concolor habitat, affecting wider impact, resulting in the and M. Vargas, Service, pers. obs., 2010 approximately 107 ac (43.5 ha) of lower elimination of potential habitat for the and 2013). The development of tourist montane very wet forest (Silander et al. species. 1986, p. 178). Currently known and residential projects in these coastal For the above reasons, we determined populations of G. concolor at Cerro La areas may result in the extirpation of that installation of additional some populations or, at the least, will Santa are found in remnants of elfin communications towers or expansion of reduce the chances of the populations to forest vegetation located adjacent (less the existing one at Cerro La Santa is a expand or to colonize other areas. The than 246 ft (75 m)) from threat to Gonocalyx concolor by direct effects of development projects are telecommunication facilities, and at the mortality and due to permanent loss, exacerbated by the low potential for edges (less than 9.8 ft (3 m)) of the road fragmentation, or alteration of its natural recruitment due to the small that provide access to the habitat. number of populations and individuals. telecommunication facilities (C. The population of Great Pond is Pacheco and O. Monsegur, Service, Construction of a new access road and located between the entrance road of the unpubl. report, 2013, p. 3). Below we improvement of the existing access road East End Marine Park office and a discuss the three factors that may affect to the existing communication facilities private property currently advertised for the current habitat or range of G. have been identified as a factor that sale. The population seems to be concolor: (1) Installation of could directly (destruction of healthy based on the presence of telecommunication towers; (2) road individuals) or indirectly (slope different size plants and evidence of improvement; and (3) vegetation instability and habitat degradation) recent flowering events. However, the management. reduce the number Gonocalyx concolor area near the population is mowed, and Land-use history of Cerro La Santa and its habitat at Cerro La Santa (Proctor the access road limits the expansion of has shown that installation of 1992, p. 3; C. Pacheco and O. Monsegur, the population. Furthermore, the telecommunication facilities for Service, unpubl. report, 2013, p. 3). property adjacent to the population is television, radio, and cellular Further, expanding the road that privately owned and currently for sale communication, and for military and provides access to the (O. Monsegur and M. Vargas, Service, governmental purposes, has adversely telecommunication facilities may pers. obs., 2010 and 2013). The possible impacted Gonocalyx concolor’s habitat negatively affect the species’ habitat and use of the area for additional residential (Silander et al., 1986, p. 178) and, could result in loss of 11 mature or tourist development may affect the although not documented, presumably individuals of G. concolor (C. Pacheco Agave eggersiana population. Owners has directly affected individuals of the and O. Monsegur, Service, unpubl. will likely manage their properties as species. George Proctor (1992, p. 3) report, 2013, p. 3). Additionally, landscapes, which could lead to land stated that the construction of a paved clearing the native vegetation along the clearing, additional mowing, other road and gigantic telecommunication road may facilitate and accelerate maintenance activities, and the towers on the summit ridge of Cerro La colonization of invasive vegetation introduction of nonnative plants. Santa destroyed much of the natural towards G. concolor habitat (see Factor Moreover, the abundance of grasslands population of this species. Currently, E discussion, below). Destruction or and the dominance of the nonnative the telecommunication tower and its modification of this kind of habitat may plant Megathyrsus maximus (guinea associated facilities (i.e., access roads, be irreversible. Therefore, the grass) make the population of A. security fences, guy wires) occupy microhabitat conditions necessary for eggersiana susceptible to human- approximately 6.1 acres (ac) (2.5 the recovery of the species may be lost induced fires (addressed under Factor E, hectares (ha)) of the elfin forest in Cerro if the habitat is modified for the below). La Santa; this is habitat that G. concolor expansion of the existing The threats of possible construction may have occupied in the past (C. telecommunications facilities or and developments, and the current Pacheco and O. Monsegur, Service, construction of new communication management of the habitat of the unpubl. report, 2013, p. 3). Although the facilities.

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Vegetation management around the concolor because it may alter the habitat grows within residential lots, and existing telecommunication towers and condition, allowing invasive plants to although the lots are large in size, associated facilities and along the colonize the area, and may result in current and ongoing construction and existing power lines that energize these direct physical damage to the species. deforestation (some lots have been facilities is a threat to Gonocalyx The species’ rarity and restricted completely cleared for house concolor and its habitat (C. Pacheco and distribution makes it vulnerable to construction) threaten this population. O. Monsegur, Service, unpubl. report, habitat destruction and modification. In 2007, Monsegur and Breckon (2007, 2013, p. 3). Telecommunication The scope of these factors is exacerbated p. 6) reported that one individual plant companies periodically remove because the most significant portion of adjacent to ‘‘Urbanizacio´n El Pen˜ on’’ vegetation along the access roads, the known population occurs adjacent was eliminated by the improvement of around the security fences, and under to telecommunication facilities and at PR 2. The authors reported that the guy wires (tensors) that are anchored the edge of the existing access road. The vegetation was removed and the area in the forest. Additionally, maintenance activities related to these facilities are was bulldozed, apparently as part of a staff of the Puerto Rico Energy and expected to continue into the future. project to control run-off from the Power Authority (PREPA) periodically Therefore, they are likely to have ravine. trim and clear the vegetation under the significant impact on Gonocalyx In Yauco, the species occurs within existing power lines that provide energy concolor. private properties that may be subject to urban development (http:// to the telecommunication facilities and Varronia rupicola adjacent communities. Presently, the www.jp.gobierno.pr). In fact, urban Puerto Rico Department of Natural and The species’ rarity and restricted development has encroached remnants Environmental Resources (DNER) is distribution make it vulnerable to of native dry forest areas, resulting in habitat destruction and modification. aware of the presence of G. concolor and the isolation or disjunction of About 50 percent of known Varronia the need to implement conservation populations of rare plants, hence, rupicola individuals in Puerto Rico measures for the species in Cerro La reducing suitable habitat for the species. occur on private lands (i.e., Yauco, Santa. The existing telecommunication These areas are also threatened by Pen˜ uelas, and Ponce) in areas subject to facilities and PREPA usually have a deforestation for agricultural practices urban development. Moreover, the restricted perimeter delimiting the area such as raising cattle, cattle grazing, and habitat at Pen˜ uelas and Ponce may that can be mowed and trimmed. for the extraction of fence posts (O. remain underestimated in relation to the However, maintenance activities outside Monsegur, Service, pers. obs., 2005). presence of the species as the area has of the perimeter have been conducted The known population at Yauco was not been extensively explored. The without the coordination with the forest observed at the edge of an existing dirt habitat in the municipalities of Pen˜ uelas road. Therefore, any road expansion manager, affecting the forest vegetation and Ponce has been severely fragmented and G. concolor habitat (Hecsor Serrano- may result in the extirpation of for urban development (i.e., housing individuals, habitat modification, and Delgado, DNER, pers. comm., 2013; O. projects, hotels, jails, landfills, rock Monsegur, UPRM, unpubl. report, 2006, intrusion of nonnative plants. quarries, and Puerto Rico Highway In the Gua´nica Commonwealth Forest p.1). In 2006, Omar Monsegur Number 2 (PR 2)). The habitat has been and the Vieques Island National documented damages to an individual further fragmented by the use of these Wildlife Refuge (NWR), Varronia of G. concolor caused by vegetation forested areas by PREPA as a right-of- rupicola is found at the edge of trails removal activities outside of the fences way for power lines, and additional and roads, making the species prone to (O. Monsegur, UPRM, unpubl. report, habitat was impacted for a former be affected by management activities 2006, p. 1). Additionally, clearing the proposed gas pipeline (Gasoducto Sur). (e.g., widening of trails, road repairs). native vegetation along the access roads, At least 1,200 ac (485 ha) of prime dry Additionally, several individuals of V. around the telecommunication facilities, forest habitat from Gua´nica to Ponce are rupicola are found underneath power and under the power lines may facilitate currently proposed for urban and lines of PREPA at the Gua´nica and accelerate colonization of invasive industrial developments, which are Commonwealth Forest, where they are vegetation in G. concolor habitat. See evaluated by the Puerto Rico planning threatened by maintenance activities Factor E, below, for further discussion board (http://www.jp.gobierno.pr). such as cutting or the use of herbicides. on invasive species. These include the areas where the PREPA has the right to access the power Even though the population dynamics Ponce populations were located by lines for maintenance and service in of the species are poorly known, we Service staff. Future projects may case of emergencies. Damage to understand that the impacts discussed threaten these populations with individual plants caused by above could be detrimental to the fragmentation, and possibly extirpate maintenance activities has been species as a whole. Clearing of currently known individuals. Despite observed in the past (O. Monsegur, vegetation may result in direct impacts the species’ biology suggesting its ability Service, pers. obs., 2009). This makes a (cutting of individuals) or indirect to colonize disturbed areas, it is very significant part of the Gua´nica impacts (by opening forest gaps that can likely that once the habitat is populations prone to extirpation, serve as corridors for invasive species) fragmented, V. rupicola will be despite the existence of regulatory to the species. Vegetation management outcompeted by nonnative plant species mechanisms (see Factor D discussion, and maintenance of communication (see Factor E discussion). below). towers and facilities are a threat to In Pen˜ uelas, the species is found in an Furthermore, despite being a National Gonocalyx concolor due to changes in area that is currently under urban Wildlife Refuge, the Vieques site (Puerto microclimate (a local atmospheric zone development. Breckon and Kolterman Ferro) is considered as an active where the climate differs from the (1996) reported a healthy population of ammunition site due to the previous use surrounding area) and plant species Varronia rupicola in this area located at of Vieques Island as a bombing range by composition. Also, vegetation El Pen˜ o´n de Ponce (Municipality of the U.S. Navy (http:// management around the existing Pen˜ uelas), which is part of a residential www.navfac.navy.mil/products_and_ facilities and along the access roads may development called ‘‘Urbanizacio´n El services/ev/products_and_services/env_ be a direct and indirect threat to the G. Pen˜ o´n.’’ At this site, V. rupicola plants restoration/installation_map/navfac_

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atlantic/vieques.html). Although there Summary of Factor C: Disease or (V.I. Code, Title 12, Chapter 2). This are no current plans to conduct Predation law, signed in 1990, amended an vegetation removal to investigate the The genus Agave is widely affected by existing regulation (Bill No. 18–0403) to ammunitions in Puerto Ferro (F. Lopez, the agave snout weevil (Scyphophorus provide for the protection of endangered Service, pers. comm., 2013), the acupunctatus). This weevil has a wide and threatened wildlife and plants by investigation process at Vieques has distribution that includes the Greater prohibiting the take, injury, or proved to be dynamic and there is a Antilles (i.e., Cuba, Jamaica, Hispaniola, possession of indigenous plants. As we mentioned above, A. eggersiana is possibility that clearing of native and Puerto Rico) (Vaurie 1971, p. 4; currently being used for private vegetation will be required to conduct Setliff and Anderson 2011, p. 1). The landscaping on St. Croix. At present, we removal of ammunitions in the future. larvae of this weevil feed on the starchy do not have information about the base of the plant, increasing the risk of Varronia rupicola is also found in the sources of the individuals used for such infestation by pathogens such as a virus western half of Anegada Island, and the purposes. However, we are concerned or fungus, later resulting in the death of population appears to be healthy. about the removal of individuals from the plant (Vaurie 1971, p. 4). At this However, despite efforts to maintain natural populations for landscaping. time, there is no information about the biodiversity and promote conservation Based on the number of individuals occurrence of the agave snout weevil on Anegada, V. rupicola, along with currently used for private gardens and other rare plant species and their within St. Croix. However, it has been the landscape practices in private areas, preferred limestone habitat, faces threats documented to be found on adjacent such as pruning and mowing of of future habitat fragmentation, habitat islands such as St. Thomas and Water populations, we believe that protection modification, and invasive species Island. provisions under local regulation may (Pollard and Clubbe 2003, p. 5; We do not have evidence of the agave not be appropriately enforced. McGowan et al., 2006, p. 4). Anegada is snout weevil’s presence on St. Croix, Rothenberger et al. (2008, p. 68) under heavy pressure for residential and nor specifically on Agave eggersiana. indicated that the lack of management tourism development (McGowan et al., However, given the abundance of and enforcement capacity continues to 2006, p. 4), resulting in improvement potential weevil carrying vectors (such be a significant challenge for the USVI, as nonnative agaves transplanted from and construction of roads, which because enforcement agencies are other islands in local gardens), we increase habitat loss and fragmentation. chronically understaffed, and territorial consider that the weevil’s arrival to this Degradation of habitat represents a resource management offices experience island to be likely. The agave snout significant staff turnover, particularly threat to Varronia rupicola. About half weevil’s presence on nearby islands is a during administration changes. of the known populations of V. rupicola concern, especially where there is One of the currently known and its suitable habitat are within constant traffic (commuting) among populations of Varronia rupicola lies privately owned land, which is being islands with local and international within the Vieques NWR (Puerto Ferro modified or is proposed to be modified trade. This could potentially increase population). Collecting and managing for urban development. In addition, the risk of this weevil to arrive and plant material (including ) within habitat fragmentation by clearing of infest the island at any time. Moreover, a national wildlife refuge are regulated, vegetation, road construction, and right- the island of St. Croix harbors other and require a permit from the refuge of-way maintenance (cutting plants and types of Agave, which could potentially manager (FWS Form 3–1383–R). The use of herbicides) can limit the species’ become stepping stones for the weevil to National Wildlife Refuge System survivability where these activities spread and infest the few and limited Administration Act of 1966 (16 U.S.C. create the conditions for nonnative populations of A. eggersiana. 668dd-668ee, as amended by the plants to outcompete V. rupicola. We Scar tissue has been observed on National Wildlife Refuge System expect that this threat will continue and some individuals of Agave eggersiana, Improvement Act of 1997) provides become more significant in the future. but there is no direct evidence that the guidance for management and public severity of this stressor has affected the use of the refuge system. Summary of Factor B: Overutilization species as a whole. However, disease In 1999, the Commonwealth of Puerto for Commercial, Recreational, Scientific, caused by the agave snout weevil could Rico approved Law No. 241, also known or Educational Purposes potentially affect A. eggersiana at a as New Wildlife Law of Puerto Rico Agave eggersiana is recognized as an population level if it was located on St. (‘‘Nueva Ley de Vida Silvestre de Puerto ornamental plant, and is locally Croix. Thus, based on our analysis of Rico’’). The purpose of this law is to distributed by botanical gardens (St. the best available scientific and protect, conserve, and enhance both George Village Botanical Garden) and commercial available data, we find that native and migratory wildlife species, the St. Croix Environmental Association disease may become a significant threat including plants; declare all wildlife to residents for use in private gardens. to the overall status of A. eggersiana by species within its jurisdiction as property of Puerto Rico; and regulate Most cultivated populations are affecting the long-term survival of the permits, hunting activities, and groomed, and the residents do not allow species. We have no information indicating nonnative species, among others. natural recruitment. Therefore, we that disease or predation is a current However, as we mentioned above under consider collection to be a threat to the threat to Gonocalyx concolor or the Factor A discussion, despite this species, due to the few remaining Varronia rupicola. protection some individuals of natural populations and the demand for Gonocalyx concolor and Varronia these plants as ornamentals. Over- Summary of Factor D: The Inadequacy rupicola have been pruned, and in some collection from natural populations may of Existing Regulatory Mechanisms cases eliminated, as result of compromise the natural recruitment and The Territory of the U.S. Virgin unauthorized activities, such as the recovery of Agave eggersiana. Islands currently considers Agave vegetation removal within the We do not believe that over-collection eggersiana as endangered under the Commonwealth Forest (O. Monsegur, is a threat to Gonocalyx concolor or Virgin Islands Indigenous and UPRM, unpubl. report, 2006, p. 1) and Varronia rupicola. Endangered Species Act (Law No. 5665) within privately owned lands

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(Monsegur and Breckon 2007, p. 6). Associated to Electronic Systems of In summary, Agave eggersiana, Therefore, we believe that protection Communication within Commonwealth Gonocalyx concolor, and Varronia provisions under Law No. 241 are not Forests in Puerto Rico (‘‘Reglamento de rupicola and their habitats are partially being adequately enforced. Permisos Especiales para Uso de protected by Federal, Commonwealth, In 1998, the Commonwealth of Puerto Comunicaciones y Edificaciones Territory, and local regulations. Rico approved Commonwealth Law No. Asosiadas a Sistemas Electro´nicos de However, after evaluating the 150, known as Puerto Rico Natural comunicacio´n en los Bosques information available on the Heritage Law (Ley del Programa de Estatales’’), which provides guidance for implementation of the existing laws, we Patrimonio Natural de Puerto Rico). The the installation and maintenance of determined those regulatory purpose of Law No. 150 is to create the telecommunication facilities within mechanisms do not provide adequate DNER Natural Heritage Program. This Commonwealth forests and for the protection to the species. In particular, program has the responsibility to protection of natural resources. Article the enforcement of existing laws has not identify and designate as critical 7(d) of this regulation states that during been effective, because harming or elements some rare, endangered, or installation, operation, and maintenance injuring (mowing or pruning) Agave threatened species that should be of telecommunication facilities, eggersiana has been reported. In considered for conservation, because of conservation measures should be taken addition, the implementation and their contribution to biodiversity and to avoid or minimize impacts on species enforcement of measures to protect because of their importance to the protected by DNER and Federal agencies individuals of V. rupicola located natural heritage (DNR 1988, p.1). (DNER 2004a, p. 13). However, adjacent to existing trails and below Currently, Gonocalyx concolor and individuals of Gonocalyx concolor have power lines within Commonwealth Varronia rupicola are considered as been affected by maintenance activities forests have not been effective. The critical elements by the DNER Natural of existing communication facilities, same problem has occurred with G. Heritage Program. Law No. 150 does not making implementation of this concolor during maintenance of provide penalties for actions that may regulation a challenging task (see communication towers. Additionally, adversely affect critical elements; discussion under Factor A, above, and enforcement on private lands continues however, the law triggers other Factor E, below). to be a challenge, as accidental damage Commonwealth laws and regulations, In 2004, DNER approved Regulation or extirpation of individuals has such as Law No. 133 and Regulation No. 6766 to regulate the management of occurred due to lack of knowledge of 6769 (see below), that provide endangered and threatened species in the species by private landowners. protection to critical elements. the Commonwealth of Puerto Rico The Carite and Gua´nica Summary of Factor E: Other Natural or (‘‘Reglamento para Regir el Manejo de Commonwealth Forests are protected by Manmade Factors Affecting Their Law No. 133 (12 L.P.R.A. sec. 191), las Especies Vulnerables y en Peligro de Continued Existence Extincio´n en el Estado Libre Asociado 1975, as amended, known as the Puerto Invasive Species Rico Forest Law (‘‘Ley de Bosques de de Puerto Rico’’). Article 2.06 of Puerto Rico’’), as amended in 2000. Regulation 6766 prohibits collecting, Invasive plant species can affect Section 8(A) of Law No. 133 prohibits cutting, and removing, among other native ecosystems at three levels: the cutting, killing, destroying, uprooting, activities, listed plants within the genetic level, where the number of extracting, or in any way damaging any jurisdiction of Puerto Rico. Gonocalyx individuals of native species can be tree or vegetation within a concolor and Varronia rupicola are not reduced below the minimum necessary Commonwealth forest without included in the list of protected species for persistence; the species diversity authorization of the Secretary of the under Regulation 6766. However, as level, where the number of species DNER. Although management plans for indicated above, Law No. 241 provides present and their distribution can be Commonwealth forests include the protection to all wildlife species reduced; and the ecosystem level, where protection and conservation of species (including plants) under the functioning of the ecosystem can be classified under DNER regulations as Commonwealth jurisdiction, even those changed (Rippey et al. 2002, p. 170). critical element, endangered, or on private lands. Nonnative species can be very threatened, on occasions the location of On the island of Anegada, there are aggressive and compete with native such species in the forests makes various conservation and education species for sunlight, nutrients, water, enforcement of these regulations a efforts taking place for the protection of and ground cover. Once established, difficult task. As previously mentioned, rare plant and animal species (Wenger these nonnative species typically Gonocalyx concolor and Varronia et al. 2010, p. 8). However, we are dominate the landscape, and the novel rupicola are located adjacent to trails, unaware of any formal regulatory forest is characterized by a decrease in near access roads, and below power mechanism for protecting Varronia the number of endemics (Lugo and lines, where they are susceptible to rupicola. On November 3, 1999, a Helmer 2003, p. 145). The impacts of maintenance practices. According to portion of western Anegada (2,646 ac invasive species are among the greatest DNER forest managers, on several (1,071 ha)) was designated as a Ramsar threat to the persistence of native rare occasions, coordination between forest site and added to the List of Wetlands species and their habitats (Thomson personnel and field staff from PREPA of International Importance (Western 2005, p. 615). has not been effective to avoid damaging Salt Ponds of Anegada). A portion of the Although invasive plant species have species protected by Commonwealth preferred limestone habitat of V. not been documented as a current threat laws, including V. rupicola and G. rupicola lies within this site, which is to Varronia rupicola, they may become concolor (M. Canals, DNER, pers. comm. owned by the British government. so in the future. Studies conducted 2008; H. Serrano-Delgado, DNER, pers. Although this designation does not within the Gua´nica Commonwealth comm. 2013). necessarily provide legal protection Forest indicate that some nonnative tree In 2004, the Commonwealth of Puerto status, the purpose of Ramsar sites is to species (e.g., Leucaena leucocephala) Rico adopted Regulation No. 6769, ensure the perpetuation of ecological can persist as a dominant canopy Regulation of Special Permits for the functions of those sites by means of a species for at least 80 years (Wolfe 2009, Use of Communications and Buildings wise-use approach. p. 2). The same is expected to occur

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with nonnative grass species (e.g., Human-Induced Fires 2008). Moreover, accidental fires have Megathyrsus maximus). These invasive Fire is not a natural event in been reported below the PREPA power species may invade recently disturbed subtropical dry or moist forests in lines adjacent to known populations of (naturally or by human impacts) areas Puerto Rico and the U. S. Virgin Islands. V. rupicola. and occupy the suitable habitat of V. The vegetation in the Caribbean is not On the island of St. Croix, human- rupicola. Despite the quality and overall adapted to fires, because this induced fires are also frequently diversity of the habitat that harbors V. disturbance does not naturally occur on reported, and most of them appear to rupicola populations in the southern these islands (Brandeis and Woodall have been originated close to existing coast of Puerto Rico, recent 2008, p. 557; Santiago-Garcı´a et al. roads (Chakroff 2010, p. 41). Estate developments and habitat fragmentation 2008, p. 604). Human-induced fires Granard, Estate Jack’s Bay, and Estate Isaacs Bay are among the areas have served as a corridor for invasive could modify the landscape by identified as fire hotspots (Chakroff species (e.g., right-of-way for the former promoting nonnative trees and grasses, 2010, p. 42). One of the extant Gasoducto Sur; O. Monsegur, Service, and by diminishing the bank of populations of Agave eggersiana is pers. obs., 2013). On the island of native species (Brandeis and Woodall found on Estate Granard, and Jack’s Bay Anegada, numerous invasive plants 2008, p. 557). In some cases, fires may and Isaacs Bay Estates are within the have been documented in the town of maintain extensive areas of young forest historical range for the species. In fact, The Settlement, three of which have and grasslands, slowing the recovery of from 2006 to 2009, there were between been observed moving towards natural ecosysems and, therefore, impairing the habitats (McGowan et al. 2006, p. 4), one and six fires in these estates delivery of ecosystem services (Brandeis further promoting the risk of wildfires (Chakroff 2010, p. 42). Human-induced and Woodall 2008, p. 557). For example, that can affect V. rupicola. fires particularly threaten the A. With respect to Agave eggersiana, the the nonnative Megathyrsus maximus is eggersiana population at Great Pond populations at Protestant Cay, Gallows well adapted to fires and typically due to the abundance of nonnative Bay, and Great Pond are surrounded by colonizes areas that were previously grasses in this area. Service’s personnel dense stands of different species of covered by native vegetation. in St. Croix just documented a wildfire Sansevieria, an herb native to Africa. Furthermore, the presence of this affecting the population of Catesbaea This invasive species seems to be species increases the amount of fuel and melanocarpa (Claudia Lombard, occupying the ecological niche adjacent the intensity of fires. Therefore, damage Service, pers. comm. 2013). This to known populations of A. eggersiana caused by fires to the ecosystems, population is located less than 0.3 mi (O. Monsegur, Service, pers. obs., 2013). particularly to juvenile plants, might be (0.5 km) from the A. eggersiana This invasive species can constrain the irreversible. population at Manchenil Bay. number of individuals of A. eggersiana Human-induced fires may lead to Human-induced fire is also a current and reduce the species’ limited destruction of the native vegetation seed threat to Gonocalyx concolor at Cerro La populations even more. bank and may create conditions Santa. Areas adjacent to (less than 33 ft Invasive native plants, such as the favorable for the establishment of (10 m) from) a population of this species ferns Gleichenella pectinata and nonnative plant species adapted to fires have been affected by such fires (O. Sticherus bifidus, may invade and alter (e.g., Leucaena leucocephala and Monsegur, UPRM, unpubl. data, 2006). diverse native communities, often Megathyrsus maximus) that may Fire effects could accelerate the resulting in plant monocultures that outcompete Varronia rupicola and colonization of invasive plants and support few wildlife species (Walker et Agave eggersiana. Furthermore, the change the vegetation composition of al. 2010, p. 627). These ferns can presence of M. maximus and other grass Cerro La Santa (see discussion under colonize disturbed areas faster than species increases the amount of fuel and Factor A, above). Currently, Pennisetum other native plants and may grow into the intensity of fires that may affect purpureum, a nonnative grass, is dense mats, thereby excluding native endemic populations. Seedling occupying these areas, making them plants (Walker et al. 2010, p. 634). mortality after fires is related to the vulnerable to human-induced fires. Additionally, the mats formed by these differences on fuel loads and the During the dry season (March through species serve as fuel for fires and, in different fire intensities (Santiago-Garcı´a May), the fern Gleichenella pectinata, fact, seems to be fire-tolerant. The et al. 2008, p. 607). The V. rupicola and other fern species that have invasive, nonnative grass Pennisetum populations that occur along the colonized landslides and roadsides, purpureum (elephant grass) is a fire- municipalities of Yauco, Pen˜ uelas, and form dense mats of dry material that adapted species that, in dense growth, Ponce are susceptible to forest fires, serve as fuel for fires. Although Cerro La can suppress most grasses, herbs, and particularly on private lands where fires Santa is located in the wet forest, fires tree seedlings (J. K. Francis, ITF, are accidentally or deliberately ignited. still occur in the area, particularly along internet data, 2013). Evidence of recent fires within the roads, during the dry season (C. These invasive ferns and grass are habitat and adjacent to known Pacheco, USFWS, pers. obs. 2013). Due currently found occupying areas populations of V. rupicola in Pen˜ uelas to the small size of G. concolor disturbed by fire, landslides, and road and Ponce have been observed by populations and their proximity to areas construction in Cerro La Santa, and Service biologist Omar Monsegur (2011 susceptible to human-induced fires, the have the potential to affect Gonocalyx and 2013). Varronia rupicola Service considers habitat modification concolor by increasing fire incidences, populations within the Gua´nica by fires as a threat to the species. microclimate, and nutrient cycling of Commonwealth Forest may be the habitat on which this species protected, as this conservation area has Hurricanes and Climate Change depends. At present, we have no an active fire control program (M. The islands of the Caribbean are information about the competitive Canals, DNER, pers. comm. 2008). frequently affected by hurricanes. The abilities of G. concolor in such a Nonetheless, Miguel Canals, Gua´nica U.S. Virgin Islands have been hit by five situation. Therefore, the effect of Commonwealth Forest Manager, major hurricanes in recent years: Hugo invasive species within the G. concolor indicates that fires still occur in the (1989), Luis and Marilyn (1995), Lenny habitat should be considered a threat to forest, particularly on the periphery (1999), and Omar (2008). Examples of the species. along roads (Canals, DNER, pers. comm. the visible effects of hurricanes on the

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ecosystem include massive defoliation, of seeds. Despite the wide distribution that get established during early snapped and wind-thrown trees, large of V. rupicola and the number of successional stages after hurricanes. debris accumulations, landslides, debris populations, the number of individuals The recovery of elfin forest vegetation flows, altered stream channels, and per population may be too low to after hurricanes is usually slow, and the transformed beaches (Lugo 2008, p. sustain a positive recruitment of early regeneration process is dominated 368). Successional responses to individuals. This may explain the low by a few species (Weaver 2008, p. 150). hurricanes can influence the structure number of intermediate-sized, Furthermore, in the absence of and composition of plant communities nonreproductive individuals of V. knowledge of the reproductive capacity in the Caribbean islands (Van Bloem et rupicola observed in Gua´nica and and ecological requirements of al. 2003, p. 137; Van Bloem et al. 2005, Ponce, when compared to the high Gonocalyx concolor, it is difficult to p. 572; Van Bloem et al. 2006, p. 517; numbers of young seedlings (Omar A. predict its recovery after natural events Lugo 2000, p. 245). Hurricanes can Monsegur, Service, pers. obs. 2013). such as hurricanes and tropical storms, produce sudden and massive tree On the island of Anegada, climate- particularly when the frequency and mortality, which is variable among induced sea-level rise could lead to the intensity of these weather events is species (Lugo 2000, p. 245). As extirpation of Varronia rupicola. The expected to increase with climate endemics to the Caribbean, Varronia preferred habitat of this species on that change. rupicola, Agave eggersiana, and island is in lower elevations, and more The habitat where Gonocalyx Gonocalyx concolor would be expected than 40 percent of the island is less than concolor occurs is susceptible to to be well adapted to tropical storms 9.8 ft (3 m) above sea level (Wenger et landslides during rain events mostly and the prevailing environmental al. 2010, p. 8). Similarly, Agave associated with tropical storms and conditions in this geographical area. eggersiana occurs very close to beach hurricanes. Sometimes rainfall reaches 24 in (60 cm) in a single storm event, However, the resilience of rare and areas in coastal areas. At least two A. causing floods and interacting with endangered native species populations eggersiana populations are located on a topography and geologic substrate to may be limited or constricted by the coastal cliff, susceptible to coastal induce mass wasting events (e.g., reduced number of populations and erosion and landslides. Therefore, we landslides; Lugo 2000, p. 246). In 1998, individuals, making the populations believe that cyclonic surges and coastal during Hurricane Georges, a landslide vulnerable to stochastic events. erosion associated with hurricanes may adversely affected approximately 2 ac The reduced number and small size of significantly affect the populations (0.8 ha) of elfin forest at Cerro La Santa Varronia rupicola and Agave eggersiana located along the coastal areas of St. populations in Puerto Rico and St. (Hecsor Serrano-Delgado, DNER, pers. Croix (i.e., Manchenil Bay, South Shore, Croix, respectively, make these species comm. 2013). A massive landslide in Cane Garden, Vagthus Point, and susceptible to hurricanes impacts (e.g., the area where the species occurs would Protestant Cay), due to their proximity extirpation). In the case of A. not only take out individuals of G. to cliffs and the shoreline. eggersiana, the impacts may be concolor, but would also modify the exacerbated by the reproductive biology The limited distribution and low habitat necessary for the species and of the species (i.e., the species depends number of populations (3) and lead to conditions favoring the on asexual reproduction, plants dying individuals (172 historically reported) establishment of invasive and weedy after flowering, and limited dispersal of of Gonocalyx concolor may exacerbate vegetation that may permanently modify bulbils). Therefore, impacts to a its vulnerability to natural events such the habitat and outcompete G. concolor population may compromise its natural as hurricanes and landslides, and (see invasive species discussion under recruitment. In addition, for V. rupicola, compromise its continued existence. Factor E, above). As documented during a severe hurricane could result in Damage to higher elevation forested Hurricane Georges, and based on the extensive defoliation and could cause habitat is usually greater during current conditions of the habitat at stem damage. hurricane events (Weaver 2008, p. 150). Cerro La Santa and Charco Azul, Populations of Varronia rupicola may Gonocalyx concolor is extremely landslides are a current threat to this be threatened by climate change, which vulnerable due to its habitat species. As with Agave eggersiana and is predicted to increase the frequency requirements and the fact that it is Varronia rupicola (see discussion and strength of tropical storms and can usually found growing on the canopy of above), overall impact and the cause severe droughts (Hopkinson et al. the tallest trees in Cerro La Santa and cumulative effects of climate change are 2008, p. 260). Rather than assessing Charco Azul. The species is usually also expected to have long-term adverse climate change as a single threat, we associated with old trees with abundant effects on G. concolor. Gonocalyx examined the potential consequences to vines and epiphytes that provide concolor is considered a species with species and their habitats that arise from horizontal structure for the colonization very specific ecological requirements changes in environmental conditions of the species (probably a habitat and that occupies biological islands associated with various aspects of requirement for the germination of (i.e., dwarf forests on high elevations of climate change. For example, climate- seeds). Hurricane winds often lead to Puerto Rico). Thus, predicted changes related changes to habitats or conditions tree defoliation, loss of small and large on the structure of the vegetation due to that exceed the physiological tolerances branches, and uprooting, resulting in climate change may result in the of a species, occurring individually or in damage to adjacent trees and understory irreversible extirpation of the prime combination, may affect the status of a vegetation. As a result, gaps are habitat for the species. species. In fact, vulnerability to climate produced in the vegetation, causing change impacts is a function of temporary changes in the understory Low Reproductive Capacity, Highly sensitivity, exposure, and adaptive microclimate due to high light levels Specialized Ecological Requirements, capacity of species (IPCC 2007, p. 89; and temperature (Walker et al. 2010, p. and Genetic Variation Glick and Stein 2010, p. 19). For 626). Therefore, damage to the forest Small and isolated populations of rare instance, severe droughts may canopy may result in a direct impact to plants often display reduced fitness as compromise seedling recruitment, as individuals of G. concolor that may fall reduced reproductive output, seedling they may result in deaths of small to the ground and probably be performance, or pollen viability plants, or may compromise the viability outcompeted by pioneer plant species (Holmes et al. 2008, p. 1031). In the case

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of Gonocalyx concolor, little is known fires, and climate change, particularly Based on our evaluation of the best about its reproductive capacity, because it is confined to small available scientific and commercial recruitment, and genetic variation. The geographical areas (Factor E). information on the species, the low number of individuals per Furthermore, implementation and significant threats affecting Agave population of a monoecious species enforcement of effective measures to eggersiana and its habitat, as well as (both sexes in the same flower), like G. protect G. concolor have not prevented future potential threats, we have concolor, suggests it has highly impacts to the species (Factor D). determined the species is currently in specialized ecological requirements, Although the above mentioned threats danger of extinction throughout all of its production of viable seeds rarely occurs, may act in isolation, it is very likely that range, as a result of the severity and or there is a pollinator limitation. two or more of these stressors act immediacy of threats currently Despite the ongoing monitoring of the simultaneously or in combination (e.g., impacting the species. The remaining known population of G. concolor, no hurricanes and landslides; fires and habitat and populations are threatened seedling recruitment has been observed invasion of nonnative plant species), by a variety of factors acting in in the wild. Knowing the phenology of resulting in cumulative impacts to combination to reduce the overall a plant showing limited distribution is populations of G. concolor, challenging survivorship of A. eggersiana. The risk important in understanding the species’ its recovery. of extinction for A. eggersiana is high biology and ecology, such as the timing because the remaining populations are of flowering, fruiting, germination and Varronia rupicola isolated and small. Therefore, we have determined that A. eggersiana meets the subsequent growth, and accumulation of Varronia rupicola has a somewhat definition of an endangered species in biomass in the field (Ruml and Vulic extended distribution in southern accordance with sections 3(6) and 2005, p. 218). Additionally, given the Puerto Rico. However, the species is 4(a)(1) of the Act. We find that a extremely limited geographic represented by small and fragmented distribution of G. concolor, it is likely threatened species status is not populations, and about half of them appropriate for A. eggersiana because that its genetic variability is low. occur within private lands subject to In the case of Agave eggersiana, its the species is very limited in numbers urban development, making the species and in populations, and because threats reproductive biology is characterized by prone to destruction, modification, or its dependence on asexual reproduction are current and ongoing, occurring curtailment of its habitat (Factor A). rangewide, and expected to increase and (i.e., bulbils). Current evidence suggests Moreover, other natural or manmade that the wild and cultivated populations continue into the future. factors such as invasive species, human- As stated above, the threats to the of A. eggersiana have minimum genetic induced fires, hurricanes, and climate variation. This would result in the loss survival of A. eggersiana occur change (Factor E) also pose threats to V. throughout the species’ range and are of alleles by random genetic drift, which rupicola. Implementation and would limit the species’ ability to not restricted to any particular enforcement of regulatory mechanisms significant portion of that range. respond to changes in the environment to protect the species have not been (Honnay and Jacquemyn 2007, p. 824). Accordingly, our assessment and effective, particularly because determination applies to the species Cumulative Effects: Factors A through E enforcement on private lands continues throughout its entire range. to be a challenge (Factor D). Therefore, Agave eggersiana it is very likely that cumulative effects Determination for Gonocalyx concolor The limited distributions and small of these threats (e.g., poorly Gonocalyx concolor has a very limited population sizes of Agave eggersiana implemented regulatory mechanisms distribution. According to our make this species very susceptible to and habitat destruction) result in assessment, this species is threatened by further habitat loss (Factor A), diseases limitation, or even local extirpation, of habitat destruction or modification (Factor C), and competition with V. rupicola populations. (Factor A) associated with maintenance nonnative species (Factor E). and potential expansion of Hurricanes, human-induced fires, and Determinations telecommunication facilities, and to climate changes (Factor E) exacerbate Determination for Agave eggersiana other natural or manmade factors (i.e., current threats to the species. low reproductive capacity, possible low Furthermore, although the species is Agave eggersiana is threatened by genetic variation, invasive species, protected by territorial law, enforcement limited habitat and habitat loss (e.g., hurricanes, landslides, human-induced still is a challenge (Factor D), construction of roads, and residential fires, and climate change (Factor E)). threatening the continued survival of and tourist developments and Due to ineffective implementation and the species. While these threats may act landscaping (Factor A)) and the enforcement, existing regulatory in isolation, it is very likely that two or potential for a disease to wipe out the mechanisms are not adequately more of these stressors (e.g., habitat loss limited populations (Factor C). In reducing these threats (Factor D). All of and diseases) act simultaneously or in addition, agave is threatened by a high these threats currently occur rangewide combination, resulting in cumulative possibility of commercial collection for and are likely to continue into the impacts to populations of A. eggersiana. ornamental uses (Factor B), and foreseeable future at a medium to high competition with invasive, nonnative intensity. Gonocalyx concolor plants, as well as hurricanes and Based on our evaluation of the best The rarity and specialized ecological human-induced fires, which are further available scientific and commercial requirements of Gonocalyx concolor exacerbated by climate change (Factor information on the species, the (Factor E) make this species extremely E). Due to lack of enforcement, existing significant threats affecting Gonocalyx vulnerable to habitat destruction or regulatory mechanisms are not concolor and its habitat, as well as modification (Factor A), and to other adequately reducing these threats future potential threats, we have natural or manmade factors, such as low (Factor D). All of these threats currently determined the species is currently in reproductive capacity, possible low occur rangewide and are likely to danger of extinction throughout all of its genetic variation, invasive species, continue into the foreseeable future at a range, because of the severity and hurricanes, landslides, human-induced medium to high intensity. immediacy of threats currently

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impacting the species. Overall, its Culebra, the USVI (excluding St. Croix) Recovery planning includes the habitat has been significantly reduced, and the island of Anegada), has no development of a recovery outline and the remaining habitat and germination problems, develops as shortly after a species is listed and populations are threatened by a variety reproductive individuals in a relatively preparation of a draft and final recovery of factors acting in combination to short time period (1 to 2 years under plan. The recovery outline guides the reduce the overall viability of the nursery conditions), and is the subject immediate implementation of urgent species. The risk of extinction of of propagation and conservation recovery actions and describes the Gonocalyx concolor is high because the protocols in development by the staff of process to be used to develop a recovery remaining population is small, is the Royal Botanical Garden (KEW). plan. Revisions of the plan may be done isolated, and has limited potential to Therefore, the Service considers that V. to address continuing or new threats to expand. As a result, we find that G. rupicola is a species with a high the species, as new substantive concolor meets the definition of an recovery potential that meets the information becomes available. The endangered species. We find that a definition of a threatened species. We recovery plan identifies site-specific threatened species status is not find that an endangered species status is management actions that set a trigger for appropriate for G. concolor because the not appropriate for V. rupicola because review of the five factors that control species is already very limited in the species is not currently in an whether a species remains endangered numbers and distribution (i.e., it has a imminent danger of extinction, but or may be downlisted or delisted, and contracted range), and the threats are likely will be in the future as the scope methods for monitoring recovery current and ongoing, occurring and severity of threats become greater, progress. Recovery plans also establish rangewide, and expected to continue placing the species in danger of a framework for agencies to coordinate into the future. extinction in the foreseeable future. their recovery efforts and provide As stated above, the threats to the Therefore, on the basis of the best estimates of the cost of implementing survival of the species occur throughout available scientific and commercial recovery tasks. Recovery teams the species’ range and are not restricted information, we list Varronia rupicola (composed of species experts, Federal to any particular significant portion of as threatened in accordance with and State agencies, nongovernmental that range. Accordingly, our assessment sections 3(20) and 4(a)(1) of the Act. organizations, and stakeholders) are and determination applies to the species The threats to the survival of the often established to develop recovery throughout its entire range. species occur throughout the species’ plans. When completed, the recovery As stated above, the threats to the range and are not restricted to any outline, draft recovery plan, and the survival of the species occur throughout particular significant portion of that final recovery plan will be available on the species’ range and are not restricted range. Accordingly, our assessment and our Web site (http://www.fws.gov/ to any particular significant portion of determination applies to the species endangered), or from our Caribbean that range. Accordingly, our assessment throughout its entire range. Ecological Services Field Office (see FOR and determination applies to the species Available Conservation Measures FURTHER INFORMATION CONTACT). throughout its entire range. Implementation of recovery actions Conservation measures provided to Determination for Varronia rupicola generally requires the participation of a species listed as endangered or broad range of partners, including other The rarity of Varronia rupicola and its threatened under the Act include Federal agencies, States, Tribes, restricted distribution renders it recognition, recovery actions, nongovernmental organizations, vulnerable to habitat destruction and requirements for Federal protection, and businesses, and private landowners. modification. Varronia rupicola is prohibitions against certain practices. Examples of recovery actions include threatened primarily by human-induced The Act encourages cooperation with habitat restoration (e.g., restoration of fires within its prime habitat. Habitat the States and requires that recovery native vegetation), research, captive modification by urban development has actions be carried out for all listed propagation and reintroduction, and promoted the invasion of its habitat by species. The protection required by outreach and education. The recovery of exotic grasses that are typically fire- Federal agencies and the prohibitions many listed species cannot be adapted and, therefore, increase the against certain activities are discussed, accomplished solely on Federal lands chances of fires. Overall, nonnative in part, below. because their range may occur primarily plants and fires may result in The primary purpose of the Act is the or solely on non-Federal lands. To extirpation of populations of V. rupicola conservation of endangered and achieve recovery of these species by killing individuals, limiting natural threatened species and the ecosystems requires cooperative conservation efforts recruitment, or permanently modifying upon which they depend. The ultimate on private, State, and Tribal lands. habitat and conditions necessary for the goal of such conservation efforts is the Following the effective date of this species’ establishment. Furthermore, recovery of these listed species, so that final listing rule (see DATES), funding for due to the species’ limited numbers and they no longer need the protective recovery actions will be available from distribution, hurricanes may extirpate measures of the Act. Subsection 4(f) of a variety of sources, including Federal entire populations, and in the case of a the Act requires the Service to develop budgets, State programs, and cost share highly fragmented habitat, hurricanes and implement recovery plans for the grants for non-Federal landowners, the may further promote the invasion of conservation of endangered and academic community, and forest gaps by nonnative plant species. threatened species. The recovery nongovernmental organizations. In Similarly, severe droughts resulting planning process involves the addition, pursuant to section 6 of the from climate change may compromise identification of actions that are Act, the Territory of the U.S. Virgin the survival of seedlings and diminish necessary to halt or reverse the species’ Islands and the Commonwealth of natural recruitment within wild decline by addressing the threats to its Puerto Rico would be eligible for populations. survival and recovery. The goal of this Federal funds to implement The species has a wide distribution process is to restore listed species to a management actions that promote the throughout the Puerto Rican bank point where they are secure, self- protection or recovery of Agave (geographical unit that includes the sustaining, and functioning components eggersiana, Gonocalyx concolor, and main island of Puerto Rico, Vieques, of their ecosystems. Varronia rupicola. Information on our

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grant programs that are available to aid jurisdiction of the United States to prey upon Agave eggersiana, such as the species recovery can be found at: import, export, transport in interstate introduction of the nonnative agave http://www.fws.gov/grants. commerce in the course of commercial snout weevil to the island of St. Croix, Please let us know if you are activity, sell or offer for sale in interstate USVI. interested in participating in recovery or foreign commerce, or remove and (4) The unauthorized release of efforts for Agave eggersiana, Gonocalyx reduce the species to possession from biological control agents that attack any concolor, and Varronia rupicola. areas under Federal jurisdiction. In life stage of Agave eggersiana, Additionally, we invite you to submit addition, for plants listed as Gonocalyx concolor, or Varronia any new information on any of these endangered, the Act prohibits the rupicola. species whenever it becomes available malicious damage or destruction on (5) Modifying the habitat of A. and any information you may have for areas under Federal jurisdiction and the eggersiana, G. concolor and V. rupicola recovery planning purposes (see FOR removal, cutting, digging up, or on Federal lands without authorization FURTHER INFORMATION CONTACT). damaging or destroying of such plants or coverage under the Act for impacts to Section 7(a) of the Act requires in knowing violation of any State law or these species. Federal agencies to evaluate their regulation, including State criminal Questions regarding whether specific actions with respect to any species that trespass law. It is also unlawful to activities would constitute a violation of is listed as an endangered or threatened violate any regulation pertaining to section 9 of the Act should be directed species and with respect to its critical plant species listed as endangered or to the Caribbean Ecological Services habitat, if any is designated. Regulations threatened (section 9(a)(2)(E) of the Act). Field Office (see FOR FURTHER implementing this interagency We may issue permits to carry out INFORMATION CONTACT). cooperation provision of the Act are otherwise prohibited activities Under section 4(d) of the Act, the codified at 50 CFR part 402. Section involving endangered and threatened Secretary has discretion to issue such 7(a)(4) of the Act requires Federal plants species under certain regulations as he deems necessary and agencies to confer with the Service on circumstances. Regulations governing advisable to provide for the any action that is likely to jeopardize permits are codified at 50 CFR 17.62 for conservation of threatened species. Our the continued existence of a listed endangered plants, and at 17.72 for implementing regulations (50 CFR 17.61 species or result in destruction or threatened plants. With regard to and 17.71) for endangered and adverse modification of critical habitat. endangered and threatened plants, a threatened plants generally incorporate If a species is listed subsequently, permit issued under this section must the prohibitions of section 9 of the Act section 7(a)(2) of the Act requires be for one of the following: scientific for endangered plants, except when a Federal agencies to ensure that activities purposes, the enhancement of the rule promulgated pursuant to section they authorize, fund, or carry out are not propagation or survival of threatened 4(d) of the Act (4(d) rule) has been likely to jeopardize the continued species, economic hardship, botanical issued with respect to a particular existence of the species or destroy or or horticultural exhibition, educational threatened species. In such a case, the adversely modify its critical habitat. If a purposes, or other activities consistent general prohibitions in 50 CFR 17.61 Federal action may affect a listed with the purposes and policy of the Act. and 17.71 would not apply to that species or its critical habitat, the It is our policy, as published in the species, and instead, the 4(d) rule would responsible Federal agency must enter Federal Register on July 1, 1994 (59 FR define the specific take prohibitions and into consultation with the Service. 34272), to identify to the maximum exceptions that would apply for that Federal agency actions within the extent practicable at the time a species particular threatened species, which we species’ habitat that may require is listed, those activities that would or consider necessary and advisable to conference or consultation or both as would not constitute a violation of conserve the species. With respect to a described in the preceding paragraph section 9 of the Act. The intent of this threatened plant, the Secretary of the include management and any other policy is to increase public awareness of Interior also has the discretion to landscape-altering activities on Federal the effect of a listing and ongoing prohibit by regulation any act lands administered by the U.S. Fish and activities within the range of listed prohibited by section 9(a)(2) of the Act. Wildlife Service, U.S. Forest Service, species. The following activities could Exercising this discretion, which has and National Park Service (Salt River potentially result in a violation of been delegated to the Service by the Bay National Historical Park and section 9 of the Act; this list is not Secretary, the Service has developed Ecological Preserve and Buck Island comprehensive: general prohibitions that are appropriate Reef National Monument); issuance of (1) Unauthorized collecting, handling, for most threatened species in 50 CFR section 404 Clean Water Act permits by possessing, selling, delivering, carrying, 17.71 and exceptions to those the U.S. Army Corps of Engineers; or transporting of Agave eggersiana, prohibitions in 50 CFR 17.72. We are construction and maintenance of roads Gonocalyx concolor, or Varronia not promulgating a 4(d) rule for or highways by the Federal Highway rupicola, including import or export Varronia rupicola, and as a result, all of Administration; and the issuance of across State lines and international the section 9(a)(2) general prohibitions, permits for the installation of new boundaries without authorization. telecommunication towers, expansion of (2) Removal, cutting, digging up, or including the ‘‘take’’ prohibitions, will existing ones, and their operation by the damaging or destroying any of the apply to Varronia rupicola. Federal Communication Commission. species on any other area in knowing Required Determinations The Act and its implementing violation of any law or regulation of the regulations set forth a series of general Territory of U.S. Virgin Islands or the National Environmental Policy Act (42 prohibitions and exceptions that apply Commonwealth of Puerto Rico or in the U.S.C. 4321 et seq.) to all endangered and threatened plants. course of any violation of the Territory We have determined that The prohibitions of section 9(a)(2) of the of U.S. Virgin Islands or the environmental assessments and Act, codified at 50 CFR 17.61 for Commonwealth of Puerto Rico criminal environmental impact statements, as endangered plants and at 50 CFR 17.71 trespass law. defined under the authority of the for threatened plants, in part, make it (3) Introduction of unauthorized National Environmental Policy Act, illegal for any person subject to the nonnative species that compete with or need not be prepared in connection

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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 Puerto Rico or Relationship With Tribes the United States 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 Caribbean 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 ‘‘Varronia rupicola’’ in to communicate meaningfully with Authors recognized Federal Tribes on a alphabetical order under FLOWERING The primary authors of this final rule PLANTS 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

******* Varronia rupicola ..... 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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