57720 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Proposed Rules

and since the numbers of contractors compounded daily, as required by 26 period the status of the candidate taxon found to have submitted defective cost U.S.C. 6622,’’ in its place. will be addressed through our annual or pricing data are a minute subset of The revised text reads as follows: Candidate Notice of Review (CNOR). contractors to whom TINA applies, the 52.215–10 Price Reduction for Defective DATES: rule is not expected to apply to a The finding announced in this Cost or Pricing Data. substantial number of small entities. document was made on September 22, Furthermore, the differential in interest * * * * * 2010. computing methods is not expected to Price Reduction for Defective Cost or ADDRESSES: This finding is available on amount to a significant economic Pricing Data (Date) the Internet at http:// impact. An Initial Regulatory Flexibility * * * * * www.regulations.gov at Docket Number Analysis has, therefore, not been [FWS-R4-ES-2010-0051]. Supporting performed. We invite comments from 4. Amend section 52.215–11 by— a. Revising the date of the clause; and documentation we used in preparing small businesses and other interested this finding is available for public parties. The Councils will consider b. Removing from paragraph (e)(1) ‘‘Simple interest’’ and adding ‘‘Interest inspection, by appointment, during comments from small entities normal business hours at the U.S. Fish concerning the affected FAR Part 52 in compounded daily, as required by 26 U.S.C. 6622,’’ in its place. and Wildlife Service, Caribbean accordance with 5 U.S.C. 610. Interested Ecological Services Field Office, Road parties must submit such comments The revised text reads as follows: 301, Km. 5.1, Boquero´n, Puerto Rico separately and should cite 5 U.S.C. 601, 52.215—11 Price Reduction for Defective 00622. Please submit any new et seq. (FAR case 2009–034), in Cost or Pricing Data—Modifications. information, materials, comments, or correspondence. * * * * * questions concerning this species or this C. Paperwork Reduction Act Price Reduction for Defective Cost or finding to the above internet address or The Paperwork Reduction Act does Pricing Data-Modifications (Date) the mailing address listed under FOR FURTHER INFORMATION CONTACT. not apply because the proposed changes * * * * * to the FAR do not impose information [FR Doc. 2010–23589 Filed 9–21–10; 8:45 am] FOR FURTHER INFORMATION CONTACT: Ms. collection requirements that require the BILLING CODE 6820–EP–P Marelisa Rivera, Assistant Field approval of the Office of Management Supervisor, Caribbean Ecological and Budget under 44 U.S.C. Chapter 35, Services Field Office, P.O. Box 491, et seq. DEPARTMENT OF THE INTERIOR Boquero´n, Puerto Rico 00622; by List of Subjects in 48 CFR Part 52 telephone at (787) 851-7297; or by Fish and Wildlife Service facsimile at (787) 851-7440. Persons Government procurement. who use a telecommunications device Dated: September 15, 2010. 50 CFR Part 17 for the deaf (TDD) may call the Federal Edward Loeb, Information Relay Service (FIRS) at 800- [Docket number FWS-R4-ES-2010-0051] Director, Acquisition Policy Division. 877-8339. [MO 92210-0-0008-B2] Therefore, DoD, GSA, and NASA Background propose amending 48 CFR part 52 as set Endangered and Threatened Wildlife forth below: and Plants; 12-Month Finding on a Section 4(b)(3)(A) of the Act (16 Petition to List Agave eggersiana (no U.S.C. 1531 et seq.) requires that, for PART 52—SOLICITATION PROVISIONS common name) as Endangered any petition to revise the Federal Lists AND CONTRACT CLAUSES of Threatened and Endangered Wildlife AGENCY: Fish and Wildlife Service, and Plants that contains substantial 1. The authority citation for 48 CFR Interior. part 52 continues to read as follows: scientific or commercial information ACTION: Notice of 12–month petition that listing a species may be warranted, Authority: 40 U.S.C. 121(c); 10 U.S.C. finding. we make a finding within 12 months of chapter 137; and 42 U.S.C. 2473(c). SUMMARY: We, the Fish and Wildlife the date of receipt of the petition. In this 2. Amend section 52.214–27 by— Service (Service), announce a 12–month finding, we determine whether the a. Revising the date of the clause; and finding on a petition to list the plant petitioned action is: (a) Not warranted, b. Removing from paragraph (e)(1) Agave eggersiana (no common name) as (b) warranted, or (c) warranted, but ‘‘Simple interest’’ and adding ‘‘Interest endangered under the Endangered immediate proposal of a regulation compounded daily, as required by 26 Species Act of 1973, as amended (Act). implementing the petitioned action is U.S.C. 6622,’’ in its place. After review of all available scientific precluded by other pending proposals to The revised text reads as follows: and commercial information, we find determine whether species are 52.214–27 Price Reduction for Defective that listing A. eggersiana is warranted. threatened or endangered, and Cost or Pricing Data—Modifications— Currently, however, listing A. expeditious progress is being made to Sealed Bidding. eggersiana is precluded by higher add or remove qualified species from * * * * * priority actions to amend the Lists of the Federal Lists of Endangered and Endangered and Threatened Wildlife Threatened Wildlife and Plants. Section Price Reduction for Defective Cost or and Plants. Upon publication of this 12- 4(b)(3)(C) of the Act requires that we Pricing Data—Modifications—Sealed month petition finding, we will add A. treat a petition for which the requested Bidding (Date) eggersiana to our candidate species list. action is found to be warranted but * * * * * We will develop a proposed rule to list precluded as though resubmitted on the 3. Amend section 52.215–10 by— A. eggersiana as our priorities allow. We date of such finding, that is, requiring a a. Revising the date of the clause; and will make any determination on critical subsequent finding to be made within b. Removing from paragraph (d)(1) habitat during development of the 12 months. We must publish these 12– ‘‘Simple interest’’ and adding ‘‘Interest proposed listing rule. In any interim month findings in the Federal Register.

VerDate Mar<15>2010 15:32 Sep 21, 2010 Jkt 220001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\22SEP1.SGM 22SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Proposed Rules 57721

Previous Federal Actions Species Information populations in St. Croix (Dalmida-Smith 2010, pers. comm.). We identified Agave eggersiana as a Taxonomy and Species Description category 2 candidate species in the Agave eggersiana is a flowering plant Current Status Notice of Review published in the of the family Agavaceae (century plant Historically, Agave eggersiana was Federal Register on September 30, 1993 family) endemic to the island of St. reported from the north coast in (58 FR 51144) and subsequent Croix in the U.S. Virgin Islands. A. Christiansted, St. Croix and along the publication. A category 2 species was eggersiana was originally described in south coast of the island. The current one for which the Service had 1913 by Trelease from material collected distribution and rarity of the species do information that proposing as on St. Croix, and is distinguished from not represent the historical range. endangered or threatened may be other members of the Agavaceae family Historically, sugar cane was the main appropriate but for which sufficient by its acaulescent (without an evident crop on the island and dominated the information was not currently available leafy stem), non-suckering growth habit economy for nearly 200 years (Shaw, to support a proposed rule. Designation (vegetative reproduction that does not 1933, p. 414). Apparently, the former of category 2 species was discontinued form offshoots around its base), and land use of the areas used for sugar cane in the February 28, 1996, Notice of fleshy, nearly straight leaves with small cultivation resulted in degradation of Review (61 FR 7596). This notice marginal prickles (1.00 millimeter (mm); the species’ habitat and nearly redefined candidates to include only 0.04 inches (in) long) that are nearly extirpated the species from the wild. species for which we have information straight (Britton and Wilson 1923, p. Sugarcane is no longer cultivated on the needed to propose them for listing, and 156; Proctor and Acevedo-Rodri´guez island and the majority of the areas as a result, Agave eggersiana was 2005, p. 118). Its flowers are deep formerly used for sugarcane plantations removed from the Candidate species yellow, 5 to 6 centimeters (cm) (1.95 to are currently grasslands and early list. 2.34 in) long. After flowering, the secondary forests dominated by the panicles (inflorescence) produce exotic tree Leucaena leucocephala On November 21, 1996, we received numerous small vegetative bulbs (tantan). a petition from the U.S. Virgin Islands (bulbils), from which the species can be In 2010, the Division of Fish and Department of Planning and Natural propagated (Proctor and Acevedo- Wildlife of the DPNR (Dalmida-Smith Resources (DPNR) requesting that we Rodri´guez 2005, p. 118). Avave 2010, pers. comm.) conducted a local list Agave eggersiana and Solanum eggersiana is not known to produce status review to determine the extent of conocarpum as endangered. On fruit. Furthermore, based on the populations of Agave eggersiana in November 16, 1998, we published in the observations of cultivated plants, Agave St. Croix. They reported five sites where Federal Register (63 FR 63659) our eggersiana requires at least 10 to 15 the species was found; however, it is finding that the petition to list A. years to develop as a mature individual uncertain if these populations are eggersiana and S. conocarpum and to produce an inflorescence (David natural populations (individuals that presented substantial information Hamada, St. George Botanical Garden, come from wild populations) or if the indicating that the requested action may 2010, pers. comm.). Avave eggersiana populations consist of individuals that be warranted and initiated a status like other Agave species are escaped from landscaping. The five review on these two plants. On monocarpic, meaning the plant dies reported sites are: (1) Manchineel/ September 1, 2004, the Center for after producing the spike or Ha’penny Beach (Southern St. Croix) Biological Diversity filed a lawsuit inflorescence. with an estimated 30 individuals, which against the Department of the Interior is approximately half the number of and the U.S. Fish and Wildlife Service Habitat and Distribution individuals that they encountered 2 (Service) alleging that the Service failed Britton and Wilson (1923, p. 156) years before; (2) West side of Vagthus to publish a 12–month finding for A. reported the species from hillsides and point (Southern St. Croix ) with a single eggersiana and S. conocarpum (Center plains in the eastern dry districts of St. individual; (3) Gallows Bay (Northern for Biological Diversity v. Norton, Civil Croix but did not provide population St. Croix) with several plants but no Action No. 1:04-CV-2553 CAP). In a estimates. In addition, Agave eggersiana approximate number was mentioned; (4) stipulated settlement agreement is cultivated on St. Croix and St. Protestant Cay (Northern St. Croix) with resolving that case, signed April 27, Thomas for ornament (Trelease 1913, p. an estimated 30 individuals, including a 2005, we agreed to submit our 12– 28; Britton and Wilson 1923, p. 156; number of young plants; and (5) Ruth month finding for A. eggersiana and S. Proctor and Acevedo-Rodri´guez 2005, Island (Southern St. Croix) with a single conocarpum to the Federal Register by p. 118). Information provided in the individual that was introduced to the February 28, 2006. On March 7, 2006, petition (Kojis and Boulon, DPNR, 1996, cay many years ago. However, the exact we published our 12–month finding (71 pers. comm.) specified that the species year of this introduction is unknown. FR 11367) that listing of A. eggersiana was last observed growing in the wild In February 2010, Service biologists and S. conocarpum was not warranted. around 1984 to 1986 on St. Croix. In conducted surveys of Agave eggersiana On September 9, 2008, the Center for 2003, DPNR stated that the species is on St. Croix. In their 2010 surveys, Biological Diversity filed a complaint believed to be extinct (Plaskett 2003, Service biologists visited seven of the challenging our 12–month finding pers. comm.; Dalmida-Smith 2010, pers. ten currently known populations (Table (Center for Biological Diversity v. comm.). Proctor and Acevedo- 1). They did not survey the two areas Hamilton, Case No. 1:08-cv-02830 Rodri´guez (2005, p. 118) provided a where a single individual has been -CAP). In a settlement agreement general description of the species and reported (Ruth Island and West Vagthus approved by the Court on August 21, they state that the species ‘‘now appears point) or Buck Island Reef National 2009, the Service agreed to submit to the to be extinct in the wild.’’ However, no Monument, where individuals have Federal Register a new 12–month citations or survey information were been planted and recent survey finding for A. eggersiana by September provided to support this statement. information exists. Based on their 17, 2010. This notice constitutes the 12– Subsequently, in 2010, DPNR provided characteristics (growing mixed with month finding on the 1996 petition to information based on field visits and native vegetation, evidence of natural list A. eggersiana as endangered. reported the existence of several recruitment and the presence of

VerDate Mar<15>2010 15:32 Sep 21, 2010 Jkt 220001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\22SEP1.SGM 22SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 57722 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Proposed Rules

different size classes), these surveys remnants of wild populations. Four and Lagoon Picnic Area) contain indicate that the species currently localities (Buck Island Reef National individuals that were planted in recent occurs in six areas that appear to be Monument, Salt River Bay, Ruth Island, years.

TABLE 1. CURRENTLY KNOWN POPULATIONS OF Agave eggersiana ON ST. CROIX.

Estimated # of Adult Locality Category Individuals Source of Information

Manchineel / Ha’penny Beach Wild 25–30 Dalmida-Smith 2010, pers. comm.; Monsegur and Vargas 2010, unpublished data

West Vagthus point Wild 1 Dalmida-Smith 2010. pers. comm.

Gallows Bay Wild 2–3 David Hamada. 2010, pers. comm.; Monsegur and Vargas 2010, unpublished data.

Protestant Cay Wild 30–51 + 60 bulbils Dalmida-Smith 2010, pers. comm.; Monsegur and Vargas 2010, unpublished data

Ruth Island Introduced* 1 Dalmida-Smith 2010, pers. comm.

Great Pond Wild 76 + 50 bulbils Monsegur and Vargas 2010, unpublished data; Plaskett 2003. pers. comm.

South Shore Wild 100 + 150 bulbils Monsegur and Vargas 2010, unpublished data.

Salt River Bay Introduced** 6 Monsegur and Vargas 2010, unpublished data.

Buck Island National Monument Introduced* 5 Monsegur and Vargas 2010, unpublished data.

Lagoon Picnic Area Landscape 177 Monsegur and Vargas 2010, unpublished data.

Total 450 +260 bulbils * Introduced by DPNR for conservation. ** Introduced by NPS for education and outreach.

The eight localities containing (5) South Shore (private property), has condition of these plants (Lundgreen multiple Agave eggersiana plants are a population of about 100 adult 2010, pers. comm.). described as follows: individuals and about 150 bulbils, all (8) Lagoon Picnic Area (a public (1) Gallows Bay (private property) has growing on small terraces at a rocky beach area that seems to be under a several individuals that are considered cliff. This population is actively reforestation effort funded by the by local experts as a remnant of a flowering and it was noted that some of Antilitter and Beautification natural population (David Hamada the bulbils are reaching the sea, Commission) harbors about 177 plants 2010, pers. comm.). Historical suggesting a possible dispersal as part of the landscape. The size of the documents and illustrations show that mechanism for the species. individuals in this area ranges from Agave eggersiana was common on the (6) Salt River Bay National Historic small planted bulbils to a few adult landscape of Gallows Bay (David Park and Ecological Preserve (SARI) individuals ready to flower. Based on Hamada 2010, pers. comm.). (managed by the National Park Service the information gathered and (NPS)) has six individual plants. In observations, about 450 adult (2) Protestant Cay (owned by the 2007, personnel from the NPS planted individuals and 260 bulbils are government but leased to a private these individuals at Salt River as part of currently known in 10 localities, party), has an estimated population of the landscape with the idea of including 6 populations that are 51 adult individuals of different sizes establishing a population at the site and considered wild, 3 introduced and about 60 bulbils. for outreach purposes. At the time of the populations for conservation and public (3) Ha’penny Beach (private property), survey, five of these plants were education, and 1 landscape population has an estimated population of 25 producing spikes and were expected to (Table 1). In addition to these localities, individuals of different size classes; one produce bulbils within the following Monsegur and Vargas (2010, personal of the plants was found flowering months (Monsegur and Vargas, USFWS, observation) documented the species during the site visit conducted by the 2010, unpublished data). Based on presence in private gardens scattered Service in 2010. information provided by personnel from throughout the island. We estimate (4) Great Pond (managed by the NPS, additional propagation efforts with about 90 adult individuals are present Department of Housing, Parks and the species are planned in the near in these private gardens. Recreation) has a healthy population of future (Lundgreen 2010, pers. comm.). At the present time, information on A. eggersiana with different size plants (7) Buck Island Reef National ecology, phenology, and genetics for and evidence of recent flowering events. Monument (managed by the NPS) has Agave eggersiana is lacking. Samples of This population is located near Great an estimated population of five A. eggersiana from individuals in the Pond, an area where it was suspected individuals. In 2007, personnel from Gallows Bay area have been collected that descendants from wild plants may NPS planted these five individuals on for genetics analysis, but results were have existed (Plaskett 2003, pers. the island, but at present time there is not available prior to making this comm.). no information regarding the breeding finding (Ray 2010, pers. comm.).

VerDate Mar<15>2010 16:49 Sep 21, 2010 Jkt 220001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\22SEP1.SGM 22SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Proposed Rules 57723

Current evidence suggests that the wild Monument), the remaining populations that tends to form a complete cover of and cultivated populations have occur within privately owned lands the understory (see Factor E). minimum genetic variation. Therefore, currently threatened by development or The areas adjacent to Ha’penny Bay all A. eggersiana plants (cultivated and areas already developed and managed as on the south coast of St. Croix harbor wild) are included as part of the listable tourism and residential projects. Based two of the known natural populations of entity in this finding; however, we have on information reported by the Agave eggersiana (Ha’penny Beach and focused our assessment of threats to the University of the Virgin Islands’ South Shore). According to personnel wild populations. Although data suggest Conservation Data Center (http:// from the DPNR (Valiulis 2010, pers. that cultivated individuals could be cdc.uvi.edu), at least three of the comm.) these areas are advertised by used as genetic stock to aid in the long- populations (Protestant Cay, Gallows realtors as areas for tourism and term survival of this species, most Bay, and Ha’penny Beach) lie within residential development and, as cultivated populations are groomed to areas identified by the DPNR as high- previously mentioned, are planned for prevent recruitment and thus offer density land use areas, which have a high-density development. Furthermore, minimal conservation contribution. We higher susceptibility to development in the areas along the south coast that have do not feel that cultivated individuals the near future. Furthermore, Weiss not been developed are used for cattle propagated for private or commercial (2010, pers. comm.) identified two or hay production, minimizing the uses aid in the conservation or the proposed development projects within recovery of native vegetation and, recovery of the species in the wild. suitable habitat for the species (C&R therefore, the habitat for A. eggersiana Robin, LLC and Seven Hills Beach (Monsegur and Vargas 2010, personal Summary of Information Pertaining to observation). The development of the Five Factors Resort and Casino). Based on the field assessment conducted by Service tourist and residential projects in these Section 4 of the Act (16 U.S.C. 1533), biologists, the coastal areas that harbor coastal areas may result in the and implementing regulations (50 CFR suitable habitat for the species are extirpation of some populations, or at 424), set forth procedures for adding currently subject to urban and tourist the least, will reduce the chances of the species to the Federal Lists of development (Monsegur and Vargas populations to expand or to colonize Endangered and Threatened Wildlife 2010, personal observation). other areas. This is exacerbated by the and Plants. Under section 4(a)(1) of the The population at Protestant Cay low potential for natural recruitment Act, a species may be determined to be seems to be affected by the use of the due to the small number of populations endangered or threatened based on any and individuals. area as a deposit for garden debris from of the following five factors: (A) The The population of Great Pond is a hotel that occupies the majority of this present or threatened destruction, located between the entrance road of the modification, or curtailment of its small island (Monsegur and Vargas East End Marine Park office and a habitat or range; (B) overutilization for 2010, personal observation). Since private property currently for sale. The commercial, recreational, scientific, or Agave eggersiana relies on asexual population seems to be healthy based on educational purposes; (C) disease or reproduction, the species depends on the presence of different size plants and predation; (D) the inadequacy of the bulbils becoming established. evidence of recent flowering events. It existing regulatory mechanisms; or (E) Covering the bulbils with debris may seems that there is suitable habitat for other natural or manmade factors result in subsequent mortality of the the species in the area; however, the affecting its continued existence. In bulbils and lack of natural recruitment, area near the population is mowed and making this finding, information thus affecting the long-term survival of the access road limits the expansion of pertaining to Agave eggersiana, in this population. Moreover, individuals the population’s range. Furthermore, the relation to the five factors provided in located on the edges of the population area adjacent to this population is a section 4(a)(1) of the Act is discussed are pruned as part of the gardens’ private property for sale. The possible below. maintenance. This practice may result use of the area for residential or tourist In considering what factors might in mortality or mutilation of individuals development may affect the population; constitute threats to a species, we must since the species is monopodial (single owners will likely manage their look beyond the exposure of the species growth axis). The population at properties as landscapes, which could to a factor to evaluate whether the Protestant Cay is also threatened by lead to land clearing, additional species may respond to the factor in a competition with exotic plant species. mowing, and other maintenance of way that causes actual impacts to the Individuals seem to be stressed due to gardens. This could also lead to the species. If there is exposure to a factor competition with exotics as what little introduction of exotics. Moreover, the and the species responds negatively, the undeveloped habitat is left is rapidly abundance of grassland areas and the factor may be a threat and we attempt being colonized by nonnative species dominance of the exotic Megathyrsus to determine how significant a threat it (see Factor E). maximus (guinea grass) in the area make is. The threat is significant if it drives, The individuals located at Gallows the population Agave eggersiana or contributes to, the risk of extinction Bay are within an area currently susceptible to human-induced fires of the species such that the species developed as a residential complex with (addressed in Factor E). These exotic warrants listing as endangered or the potential for future expansion, grasses are typically adapted to fire threatened as those terms are defined in which may affect these individuals conditions. the Act. (Monsegur and Vargas 2010, personal Based on the above information, we observation). In addition, this area does consider the present or threatened Factor A: The Present or Threatened not contain additional habitat to allow destruction, modification, or Destruction, Modification, or the current population to expand. curtailment of the species habitat or Curtailment of the Species’ Habitat or Remaining forested areas surrounding range as a moderate but imminent threat Range this location are characterized by the to wild populations of Agave Of the currently known populations, abundance of exotic species. Areas that eggersiana. The threats of possible only three areas are managed for could be used by bulbils to become construction developments and current conservation (Ruth Island, Salt River established are occupied by the exotic management of habitat of the Bay, and Buck Island National plant Sansevieria cilindrica, a species populations may further limit species

VerDate Mar<15>2010 15:32 Sep 21, 2010 Jkt 220001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\22SEP1.SGM 22SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 57724 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Proposed Rules

propagation and expansion in the On Mona Island (Puerto Rico), feral enforcement. Because at least three foreseeable future. pigs are known to uproot juveniles and populations exist in areas managed for destroy the root system of Agave conservation and public outreach, we Factor B: Overutilization for sisalana, to feed on the root system or consider this threat to be moderate to Commercial, Recreational, Scientific, or to use them as a water source (Saliva low in magnitude but imminent. We do Educational Purposes 1983, 1996, personal observation). Since not anticipate any regulatory or Agave eggersiana has been reported as introduced pigs, donkeys, and goats enforcement changes that would reduce a cultivar since it was described as a have been reported in St. Croix we this threat in the foreseeable future. cannot discard the possible predation of species in 1913 (Trelease, 1913, p. 28); Factor E: Other Natural or Manmade A. eggersiana by these feral animals, historically, the majority of A. Factors Affecting the Continued particularly to young plants within the eggersiana found in St. Croix and St. Existence of the Species Thomas were from landscaped areas populations. The absence of evidence of (Britton and Wilson 1923, p. 156; predation by these species might be the The islands of the Caribbean are Plaskett 2003, pers. comm.; Kojis and result of the low number of populations frequently affected by hurricanes. It has Boulon 1996, pers. comm.; Proctor and of A. eggersiana, their isolation, and the been suggested that hurricanes are Acevedo-Rodri´guez 2005, p. 118; proximity of some of these populations responsible for shaping and modifying Acevedo-Rodri´guez 2005, pers. comm.). to human inhabited areas. However, at the structure and composition of the The species is currently distributed by this time, there is no evidence that vegetation in the Caribbean (Van Bloem the St. George Botanical Garden for donkeys, pigs, or goats constitute a et al. 2003, p. 137; Van Bloem et al. conservation and private landscaping specific threat to any A. eggersiana 2005, p. 572; Van Bloem et al. 2006, p. purposes. A. eggersiana is a commonly populations. 517). As an endemic species to the used ornamental species on the island, Since the agave snout weevil has not island of St. Croix, Agave eggersiana and recent declines in the number of been reported in St. Croix, we do not would be expected to be well adapted individuals at one population along the consider disease as a threat to the to tropical storms. However, the low number of individuals found on the coast of Ha’penny Bay are thought to be species. Although there is some island and the reproductive biology of due to collection for ornamental evidence that insect or arthropod larvae the species (dependence on asexual purposes (Dalmida-Smith 2010, pers. may feed on the leaves of Agave reproduction and the plant dying after comm.; Valiulis 2010, pers. comm.). eggersiana, there is no evidence that this is negatively impacting the species’ flowering) increases the likelihood of Based on the above, we consider the ability to grow or reproduce. In stochastic events such as hurricanes overutilization for commercial and addition, we have no evidence of extirpating a population. We believe recreational purposes a moderate to low grazing on A. eggersiana by introduced that landslides and coastal erosion but imminent threat to wild populations donkeys, pigs, or goats. Therefore, we associated with hurricanes may affect of the species. Although captively do not find disease or predation to be the populations located along the propagated Agave eggersiana are a current threat to the species. coastal areas of St. Croix (Ha’penny available to residents for use in private Beach, South Shore, and Protestant Cay) gardens, collection of wild individuals Factor D: The Inadequacy of Existing due to their proximity to cliffs and the is a threat to the species, and we expect Regulatory Mechanisms shoreline. it to continue to be a threat in the The Territory of the U.S. Virgin Agave eggersiana may be further foreseeable future. Islands currently considers Agave threatened by climate change, which is Factor C: Disease or Predation eggersiana to be endangered under the predicted to increase the frequency and Virgin Islands Indigenous and strength of tropical storms and can The genus Agave is widely affected by Endangered Species Act (V.I. Code, Title cause severe droughts (Hopkinson et al. the agave snout weevil (Scyphophorus 12, Chapter 2), and has amended an 2008, p. 260). The cumulative effect of acupunctatus). This weevil has a wide existing regulation (Bill No. 18-0403) to coastal erosion due to severe hurricanes distribution that includes the Greater provide for protection of endangered plus the habitat modification for urban Antilles (Cuba, Jamaica and Hispaniola) and threatened wildlife and plants by and tourist development can further (Vaurie 1971, p. 4). The larvae of this prohibiting the take, injury, or diminish the availability of suitable weevil feed on the starchy base of the possession of indigenous plants. Based habitat and, therefore, limit population plant, increasing the risk of infestation on the number of individuals currently expansion and colonization of new by pathogens, such as a virus or fungus, used for private gardens and current areas. In addition, the possibility of later resulting in the death of the plant landscape practices in private areas, severe droughts may contribute to an (Vaurie 1971, p. 4). At this time, there such as pruning and mowing of increase in the quantity and frequency is no information about the occurrence populations, we believe that protection of fires on the island. These cumulative of the agave snout weevil within the provisions under the local regulation are factors may reduce the number of Puerto Rican Platform or the Lesser not being appropriately enforced. individuals and further reduce Antilles where St. Croix is located. A Rothenberger et al. (2008, p. 68) populations. small number of individuals of A. mentioned that the lack of management Based on satellite images, there is eggersiana were observed with scarring and enforcement capacity continues to evidence of human-induced fires along along the borders of some leaves be a significant challenge for the USVI the south coast of the island. The (Monsegur and Vargas 2010, personal since enforcement agencies are vegetation of the Caribbean is not observation). It appears that an insect or chronically understaffed and territorial adapted to fires since this disturbance an arthropod larva may feed on the resource management offices experience does not naturally occur on these leaves; however, the exact cause and the significant staff turnover, particularly islands (Brandeis and Woodall 2008, p. consequences of the scarring are during administration changes. 557; Santiago-Garcia´ et al. 2008, p. 608); unknown. Nevertheless, this is Based on the information above, we juvenile plants are especially vulnerable important and it should be monitored as consider the inadequacy of existing to fire damage. This regime of human- it might be an indicator of a recently regulatory mechanisms as a current induced fires could modify the arrived pest to St Croix. threat to the species due to a lack of landscape by promoting exotic trees and

VerDate Mar<15>2010 15:32 Sep 21, 2010 Jkt 220001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\22SEP1.SGM 22SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Proposed Rules 57725

grasses, and by diminishing the seed habitat experts and other Federal and Listing Priority Number bank of native species. For example the State agencies, and conducted field exotic Megathyrsus maximus is well work on the island of St. Croix. The Service adopted guidelines on September 21, 1983 (48 FR 43098), to adapted to fires and typically colonizes This status review identified threats areas that were previously covered by establish a rational system for utilizing to the species attributable to Factors A, available resources for the highest native vegetation. Furthermore, the B, D, and E. Of the currently known presence of this species increases the priority species when adding species to populations, only three populations are the Lists of Endangered or Threatened amount of fuel and, therefore, the located in areas managed for intensity of the fire events. Due to the Wildlife and Plants or reclassifying conservation and public outreach (Ruth abundance of grasses at Great Pond, this species listed as threatened to Island, Salt River Bay, and Buck Island Agave eggersiana population is endangered status. The system places National Monument). The remaining particularly threatened by human- greatest importance on the immediacy populations, containing about 97 induced fires. and magnitude of threats, but also Moreover, the individuals of the percent of the currently known adult factors in the level of taxonomic populations of Protestant Cay, Gallows individuals, are located in areas either distinctiveness by assigning priority in Bay and Great Pond are surrounded by threatened by development pressure, or descending order to monotypic genera, dense stands of different species of are currently affected by landscape full species, and subspecies (or Sansevieria, an herb native to Africa. practices and competition with exotic equivalently, distinct population This invasive species seems to be species, resulting in detrimental effects segments of vertebrates). occupying the ecological niche adjacent to reproduction and recruitment (see We assigned Agave eggersiana an LPN to the known populations of Agave Factors A and E). Furthermore, the use of 8, based on our finding that the eggersiana. Plant invasion can affect the of the Agave eggersiana as an species faces moderate to low environment at three levels; at the ornamental species is common on the magnitude threats from the present or genetic level the number of individuals island, and evidence suggests that wild threatened destruction, modification, or of native species can be reduced below specimens are being collected due to the curtailment of its habitat; overutilization the minimum necessary for persistence, commercial interest in this species for commercial, recreational, scientific, at the species diversity level the number (Factor B). Although the species is or educational purposes; the inadequacy of species present and their distribution currently listed under local regulations, of existing regulatory mechanisms; and can be reduced, and at the ecosystem lack of enforcement of local law does other natural or manmade Factors. One level the functioning of the ecosystem not provide adequate protection to or more of the threats discussed above can be changed (Rippey et al. 2002, p. ameliorate threats to the species. are occurring, and we anticipate they 170). In this case, invasive species may On the basis of the best scientific and will still occur in the near future in each constrain the number of A. eggersiana commercial information available and known population in St. Croix. These reducing variability in the population. our analysis of the current and threats are ongoing and in some cases Consequently, the loss of diversity of foreseeable threats to the species and its considered irreversible. the species may eliminate A. eggersiana habitat, we find that listing Agave Although the species faces threats, as in the area affecting other organisms eggersiana (including wild and described above, we believe these (e.g., insects and birds feeding on the cultivated populations), is warranted. threats to be of moderate to low flowers). We will make a determination on the magnitude; at least 450 adults and 260 Based on the above information and status of the species as threatened or due to the reduced number of bulbils are known to occur in 10 endangered when we do a proposed populations with half showing evidence populations and individuals, we believe listing determination. However, as that the species is currently threatened of recruitment in the wild and 3 located explained in more detail below, an in areas managed for conservation and by natural or manmade factors such as immediate proposal of a regulation hurricanes, fires, and competition from public outreach. Under the 1983 implementing this action is precluded exotic species. Climate change may Guidelines, a ‘‘species’’ facing imminent by higher priority listing actions, and exacerbate these habitat threats by moderate to low magnitude threats is progress is being made to add or remove increasing the frequency of fires, assigned an LPN of 7, 8, or 9 depending qualified species from the Lists of droughts, and hurricanes. We consider on its taxonomic status. Because A. Endangered and Threatened Wildlife these threats to be moderate and eggersiana is a species, but not a and Plants. imminent. We do not anticipate any monotypic genus, we assigned it an LPN changes that would appreciably reduce We reviewed the available of 8. While we conclude that listing the this threat in the foreseeable future. information to determine if the existing species is warranted, an immediate and foreseeable threats render the proposal to list this species is precluded Finding species at risk of extinction now such by other higher priority listing actions, As required by the Act, we conducted that issuing an emergency regulation which we address below. a review of the status of the species and temporarily listing the species as per Preclusion and Expeditious Progress considered the five factors in assessing section 4(b)(7) of the Act is warranted. whether Agave eggersiana is threatened We determined that issuing an Preclusion is a function of the listing or endangered throughout all or a emergency regulation temporarily priority of a species in relation to the significant portion of its range. We listing the species is not warranted for resources that are available and examined the best scientific and this species at this time since competing demands for those resources. commercial information available approximately 450 individuals are Thus, in any given fiscal year (FY), regarding the past, present, and future known to occur in 10 localities (Table multiple factors dictate whether it will threats faced by the species. We 1). However, if at any time we be possible to undertake work on a reviewed the petition, information determine that issuing an emergency proposed listing regulation or whether available in our files, other available regulation temporarily listing the promulgation of such a proposal is published and unpublished species is necessary, we will initiate this warranted but precluded by higher- information, consulted with species and action at that time. priority listing actions.

VerDate Mar<15>2010 15:32 Sep 21, 2010 Jkt 220001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\22SEP1.SGM 22SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 57726 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Proposed Rules

The resources available for listing Report 105-163, 105th Congress, 1st delay commencing the rulemaking actions are determined through the Session, July 1, 1997). process for any reason other than that annual Congressional appropriations Recognizing that designation of the existence of pending or imminent process. The appropriation for the critical habitat for species already listed proposals to list species subject to a Listing Program is available to support would consume most of the overall greater degree of threat would make work involving the following listing Listing Program appropriation, Congress allocation of resources to such a petition actions: proposed and final listing rules; also put a critical habitat subcap in [that is, for a lower-ranking species] 90–day and 12–month findings on place in FY 2002 and has retained it unwise.’’ petitions to add species to the Lists of each subsequent year to ensure that In FY 2010, expeditious progress is Endangered and Threatened Wildlife some funds are available for other work that amount of work that can be and Plants (Lists) or to change the status in the Listing Program: ‘‘The critical achieved with $10,471,000, which is the of a species from threatened to habitat designation subcap will ensure amount of money that Congress endangered; annual determinations on that some funding is available to appropriated for the Listing Program address other listing activities’’ (House (that is, the portion of the Listing prior ‘‘warranted but precluded’’ petition Report No. 107 - 103, 107th Congress, 1st Program funding not related to critical findings as required under section Session, June 19, 2001). In FY 2002 and habitat designations for species that are 4(b)(3)(C)(i) of the Act; critical habitat each year until FY 2006, the Service has already listed). However these funds are petition findings; proposed and final had to use virtually the entire critical not enough to fully fund all our court- rules designating critical habitat; and habitat subcap to address court- ordered and statutory listing actions in litigation-related, administrative, and mandated designations of critical FY 2010, so we are using $1,114,417 of program-management functions habitat, and consequently none of the our critical habitat subcap funds in (including preparing and allocating critical habitat subcap funds have been order to work on all of our required budgets, responding to Congressional available for other listing activities. In petition findings and listing and public inquiries, and conducting FY 2007, we were able to use some of determinations. This brings the total public outreach regarding listing and the critical habitat subcap funds to fund amount of funds we have for listing critical habitat). The work involved in proposed listing determinations for action in FY 2010 to $11,585,417. preparing various listing documents can high-priority candidate species. In FY Starting in FY 2010, we are also using be extensive and may include, but is not 2009, while we were unable to use any our funds to work on listing actions for limited to: gathering and assessing the of the critical habitat subcap funds to foreign species since that work was best scientific and commercial data fund proposed listing determinations, transferred from the Division of available and conducting analyses used we did use some of this money to fund Scientific Authority, International as the basis for our decisions; writing the critical habitat portion of some Affairs Program to the Endangered and publishing documents; and proposed listing determinations, so that Species Program. Our process is to make obtaining, reviewing, and evaluating the proposed listing determination and our determinations of preclusion on a public comments and peer review proposed critical habitat designation nationwide basis to ensure that the comments on proposed rules and could be combined into one rule, species most in need of listing will be incorporating relevant information into thereby being more efficient in our addressed first and also because we final rules. The number of listing work. In FY 2010, we are using some of allocate our listing budget on a actions that we can undertake in a given the critical habitat subcap funds to fund nationwide basis. The $11,585,417 is year also is influenced by the actions with statutory deadlines. being used to fund work in the complexity of those listing actions; that Thus, through the listing cap, the following categories: compliance with is, more complex actions generally are critical habitat subcap, and the amount court orders and court-approved more costly. For example, during the of funds needed to address court- settlement agreements requiring that past several years, the cost (excluding mandated critical habitat designations, petition findings or listing publication costs) for preparing a 12– Congress and the courts have in effect determinations be completed by a month finding, without a proposed rule, determined the amount of money specific date; section 4 (of the Act) has ranged from approximately $11,000 available for other listing activities. listing actions with absolute statutory for one species with a restricted range Therefore, the funds in the listing cap, deadlines; essential litigation-related, and involving a relatively other than those needed to address administrative, and listing program- uncomplicated analysis to $305,000 for court-mandated critical habitat for management functions; and high- another species that is wide-ranging and already-listed species, set the limits on priority listing actions for some of our involving a complex analysis. our determinations of preclusion and candidate species. The allocations for expeditious progress. each specific listing action are identified We cannot spend more than is Congress also recognized that the in the Service’s FY 2010 Allocation appropriated for the Listing Program availability of resources was the key Table (part of our administrative without violating the Anti-Deficiency element in deciding, when making a 12– record). Act (see 31 U.S.C. § 1341(a)(1)(A)). In month petition finding, whether we In FY 2007, we had more than 120 addition, in FY 1998 and for each fiscal would prepare and issue a listing species with an LPN of 2, based on our year since then, Congress has placed a proposal or instead make a ‘‘warranted September 21, 1983, guidance for statutory cap on funds that may be but precluded’’ finding for a given assigning an LPN for each candidate expended for the Listing Program, equal species. The Conference Report species (48 FR 43098). Using this to the amount expressly appropriated accompanying Public Law 97-304, guidance, we assign each candidate an for that purpose in that fiscal year. This which established the current statutory LPN of 1 to 12, depending on the cap was designed to prevent funds deadlines and the warranted-but- magnitude of threats (high vs. moderate appropriated for other functions under precluded finding, states (in a to low), immediacy of threats (imminent the Act (for example, recovery funds for discussion on 90–day petition findings or nonimminent), and taxonomic status removing species from the Lists), or for that by its own terms also covers 12– of the species (in order of priority: other Service programs, from being used month findings) that the deadlines were monotypic genus (a species that is the for Listing Program actions (see House ‘‘not intended to allow the Secretary to sole member of a genus); species; or part

VerDate Mar<15>2010 15:32 Sep 21, 2010 Jkt 220001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\22SEP1.SGM 22SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Proposed Rules 57727

of a species (subspecies, distinct of the Act and implementing it in detail here, we are also making population segment, or significant regulations. expeditious progress in removing portion of the range)). The lower the Given the above-mentioned funding species from the list under the Recovery listing priority number, the higher the constraints, the Service’s priority is to program, which is funded by a separate listing priority (that is, a species with an work on: (1) listing determinations for line item in the budget of the LPN of 1 would have the highest listing listing actions with absolute statutory, Endangered Species Program. As priority). court-ordered, or court-approved explained above in our description of To be more efficient in our listing deadlines, and final listing the statutory cap on Listing Program process, as we work on proposed rules determinations for those species that funds, the Recovery Program funds and for these species in the next several have been proposed for listing; and (2) actions supported by them cannot be years, we are preparing multi-species candidate species and reclassifications considered in determining expeditious proposals when appropriate, and these of other higher priority threatened progress made in the Listing Program.) may include species with lower priority species (i.e., species with LPN of 1). As with our ‘‘precluded’’ finding, if they overlap geographically or have This work includes all the actions listed expeditious progress in adding qualified the same threats as a species with an in the tables below under expeditious species to the Lists is a function of the LPN of 2. In addition, available staff progress. resources available and the competing resources are also a factor in As explained above, a determination demands for those funds. Given that determining which high-priority species that listing is warranted but precluded limitation, we find that we made are provided with funding. Finally, must also demonstrate that expeditious progress in FY 2009 in the Listing proposed rules for reclassification of progress is being made to add or remove Program and will continue to make threatened species to endangered are qualified species to and from the Lists progress in FY 2010. This progress lower priority, since as listed species, of Endangered and Threatened Wildlife included preparing and publishing the they are already afforded the protection and Plants. (Although we do not discuss following determinations:

FY 2010 COMPLETED LISTING ACTIONS

Publication Date Title Actions FR Pages

10/08/2009 Listing Lepidium papilliferum (Slickspot Peppergrass) as a Threat- Final Listing 74 FR 52013-52064 ened Species Throughout Its Range Threatened ......

10/27/2009 90-day Finding on a Petition To List the American Dipper in the Notice of 90–day 74 FR 55177-55180 Black Hills of South Dakota as Threatened or Endangered Petition Finding, ..... Not substantial ......

10/28/2009 Status Review of Arctic Grayling (Thymallus arcticus) in the Upper Notice of Intent to 74 FR 55524-55525 Missouri River System Conduct Status ...... Review ......

11/03/2009 Listing the British Columbia Distinct Population Segment of the Proposed Listing 74 FR 56757-56770 Queen Charlotte Goshawk Under the Endangered Species Act Threatened ......

11/03/2009 Listing the Salmon-Crested Cockatoo as Threatened Throughout Proposed Listing 74 FR 56770-56791 Its Range with Special Rule Threatened

11/23/2009 Status Review of Gunnison sage-grouse (Centrocercus minimus) Notice of Intent to 74 FR 61100-61102 Conduct Status Review ......

12/03/2009 12-Month Finding on a Petition to List the Black-tailed Prairie Dog Notice of 12–month 74 FR 63343-63366 as Threatened or Endangered petition finding, Not warranted

12/03/2009 90-Day Finding on a Petition to List Sprague’s Pipit as Notice of 90–day 74 FR 63337-63343 Threatened or Endangered Petition Finding, ..... Substantial ......

12/15/2009 90-Day Finding on Petitions To List Nine Species of Mussels Notice of 90–day 74 FR 66260-66271 From Texas as Threatened or Endangered With Critical Habitat Petition Finding, ..... Substantial ......

12/16/2009 Partial 90-Day Finding on a Petition to List 475 Species in the Notice of 90–day 74 FR 66865-66905 Southwestern United States as Threatened or Endangered With Petition Finding, ..... Critical Habitat Not substantial and Substantial ......

12/17/2009 12–month Finding on a Petition To Change the Final Listing of the Notice of 12–month 74 FR 66937-66950 Distinct Population Segment of the Canada Lynx To Include petition finding, New Mexico Warranted but precluded ......

1/05/2010 Listing Foreign Bird Species in Peru and Bolivia as Endangered Proposed Listing 75 FR 605-649 Throughout Their Range Endangered ......

VerDate Mar<15>2010 16:49 Sep 21, 2010 Jkt 220001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\22SEP1.SGM 22SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 57728 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Proposed Rules

FY 2010 COMPLETED LISTING ACTIONS—Continued

Publication Date Title Actions FR Pages

1/05/2010 Listing Six Foreign Birds as Endangered Throughout Their Range Proposed Listing 75 FR 286-310 Endangered ......

1/05/2010 Withdrawal of Proposed Rule to List Cook’s Petrel Proposed rule, 75 FR 310-316 withdrawal ......

1/05/2010 Final Rule to List the Galapagos Petrel and Heinroth’s Shearwater Final Listing 75 FR 235-250 as Threatened Throughout Their Ranges Threatened ......

1/20/2010 Initiation of Status Review for Agave eggersiana and Solanum Notice of Intent to 75 FR 3190-3191 conocarpum Conduct Status Review ......

2/09/2010 12–month Finding on a Notice of 12–month 75 FR 6437-6471 Petition to List the American Pika as Threatened or Endangered petition finding, Not warranted

2/25/2010 12-Month Finding on a Petition To List the Sonoran Desert Notice of 12–month 75 FR 8601-8621 Population of the Bald Eagle as a Threatened or Endangered petition finding, Not Distinct Population Segment warranted

2/25/2010 Withdrawal of Proposed Rule To List the Southwestern Withdrawal of 75 FR 8621-8644 Washington/Columbia River Distinct Population Segment of Proposed Rule to .. Coastal Cutthroat Trout (Oncorhynchus clarki clarki) as List ...... Threatened

3/18/2010 90-Day Finding on a Petition to List the Berry Cave Salamander Notice of 90–day 75 FR 13068-13071 as Endangered Petition Finding, ..... Substantial ......

3/23/2010 90-Day Finding on a Petition to List the Southern Hickorynut Notice of 90–day 75 FR 13717-13720 Mussel (Obovaria jacksoniana) as Endangered or Threatened Petition Finding, ..... Not substantial ......

3/23/2010 90-Day Finding on a Petition to List the Striped Newt as Notice of 90–day 75 FR 13720-13726 Threatened Petition Finding, ..... Substantial ......

3/23/2010 12-Month Findings for Petitions to List the Greater Sage-Grouse Notice of 12–month 75 FR 13910-14014 (Centrocercus urophasianus) petition finding, as Threatened or Endangered Warranted but ...... precluded ......

3/31/2010 12-Month Finding on a Petition to List the Tucson Shovel-Nosed Notice of 12–month 75 FR 16050-16065 Snake (Chionactis occipitalis klauberi) as Threatened or Endan- petition finding, gered with Critical Habitat Warranted but ...... precluded ......

4/5/2010 90-Day Finding on a Petition To List Thorne’s Hairstreak Butterfly Notice of 90–day 75 FR 17062-17070 as Threatened or Endangered Petition Finding, ..... Substantial ......

4/6/2010 12–month Finding on a Petition To List the Mountain Whitefish in Notice of 12–month 75 FR 17352-17363 the Big Lost River, Idaho, as Endangered or Threatened petition finding, Not warranted

4/6/2010 90-Day Finding on a Petition to List a Stonefly (Isoperla jewetti) Notice of 90–day 75 FR 17363-17367 and a Mayfly (Fallceon eatoni) as Threatened or Endangered Petition Finding, ..... with Critical Habitat Not substantial ......

4/7/2010 12-Month Finding on a Petition to Reclassify the Delta Smelt Notice of 12–month 75 FR 17667-17680 From Threatened to Endangered Throughout Its Range petition finding, Warranted but ...... precluded ......

4/13/2010 Determination of Endangered Status for 48 Species on Kauai and Final Listing 75 FR 18959-19165 Designation of Critical Habitat Endangered ......

4/15/2010 Initiation of Status Review of the North American Wolverine in the Notice of Initiation of 75 FR 19591-19592 Contiguous United States Status Review

VerDate Mar<15>2010 16:49 Sep 21, 2010 Jkt 220001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\22SEP1.SGM 22SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Proposed Rules 57729

FY 2010 COMPLETED LISTING ACTIONS—Continued

Publication Date Title Actions FR Pages

4/15/2010 12-Month Finding on a Petition to List the Wyoming Pocket Notice of 12–month 75 FR 19592-19607 Gopher as Endangered or Threatened with Critical Habitat petition finding, Not warranted

4/16/2010 90-Day Finding on a Petition to List a Distinct Population Notice of 90–day 75 FR 19925-19935 Segment of the Fisher in Its United States Northern Rocky Petition Finding, ..... Mountain Range as Endangered or Threatened with Critical Substantial ...... Habitat

4/20/2010 Initiation of Status Review for Sacramento splittail (Pogonichthys Notice of Initiation of 75 FR 20547-20548 macrolepidotus) Status Review

4/26/2010 90-Day Finding on a Petition to List the Harlequin Butterfly as Notice of 90–day 75 FR 21568-21571 Endangered Petition Finding, ..... Substantial ......

4/27/2010 12-Month Finding on a Petition to List Susan’s Purse-making Notice of 12–month 75 FR 22012-22025 Caddisfly (Ochrotrichia susanae) as Threatened or Endangered petition finding, Not warranted

4/27/2010 90–day Finding on a Petition to List the Mohave Ground Squirrel Notice of 90–day 75 FR 22063-22070 as Endangered with Critical Habitat Petition Finding, ..... Substantial ......

5/4/2010 90-Day Finding on a Petition to List Hermes Copper Butterfly as Notice of 90–day 75 FR 23654-23663 Threatened or Endangered Petition Finding, ..... Substantial ......

6/1/2010 90-Day Finding on a Petition To List Castanea pumila var. Notice of 90–day 75 FR 30313-30318 ozarkensis Petition Finding, ..... Substantial ......

6/1/2010 12–month Finding on a Petition to List the White-tailed Prairie Notice of 12–month 75 FR 30338-30363 Dog as Endangered or Threatened petition finding, Not warranted

6/9/2010 90-Day Finding on a Petition To List van Rossem’s Gull-billed Notice of 90–day 75 FR 32728-32734 Tern as Endangered orThreatened. Petition Finding, ..... Substantial ......

6/16/2010 90-Day Finding on Five Petitions to List Seven Species of Notice of 90–day 75 FR 34077-34088 Hawaiian Yellow-faced Bees as Endangered Petition Finding, ..... Substantial ......

6/22/2010 12-Month Finding on a Petition to List the Least Chub as Notice of 12–month 75 FR 35398-35424 Threatened or Endangered petition finding, Warranted but ...... precluded ......

6/23/2010 90-Day Finding on a Petition to List the Honduran Emerald Notice of 90–day 75 FR 35746-35751 Hummingbird as Endangered Petition Finding, ..... Substantial ......

6/23/2010 Listing Ipomopsis polyantha (Pagosa Skyrocket) as Endangered Proposed Listing 75 FR 35721-35746 Throughout Its Range, and Listing Penstemon debilis Endangered ...... (Parachute Beardtongue) and Phacelia submutica (DeBeque Proposed Listing .... Phacelia) as Threatened Throughout Their Range Threatened ......

6/24/2010 Listing the Flying Earwig Hawaiian Damselfly and Pacific Final Listing 75 FR 35990-36012 Hawaiian Damselfly As Endangered Throughout Their Ranges Endangered ......

6/24/2010 Listing the Cumberland Darter, Rush Darter, Yellowcheek Darter, Proposed Listing 75 FR 36035-36057 Chucky Madtom, and Laurel Dace as Endangered Throughout Endangered ...... Their Ranges

6/29/2010 Listing the Mountain Plover as Threatened Reinstatement of 75 FR 37353-37358 Proposed Listing .... Threatened ......

7/20/2010 90-Day Finding on a Petition to List Pinus albicaulis (Whitebark Notice of 90–day 75 FR 42033-42040 Pine) as Endangered or Threatened with Critical Habitat Petition Finding, ..... Substantial ......

VerDate Mar<15>2010 16:49 Sep 21, 2010 Jkt 220001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\22SEP1.SGM 22SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 57730 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Proposed Rules

FY 2010 COMPLETED LISTING ACTIONS—Continued

Publication Date Title Actions FR Pages

7/20/2010 12-Month Finding on a Petition to List the Amargosa Toad as Notice of 12–month 75 FR 42040-42054 Threatened or Endangered petition finding, Not warranted

7/20/2010 90-Day Finding on a Petition to List the Giant Palouse Earthworm Notice of 90–day 75 FR 42059-42066 (Driloleirus americanus) as Threatened or Endangered Petition Finding, ..... Substantial ......

7/27/2010 Determination on Listing the Black-Breasted Puffleg as Final Listing 75 FR 43844-43853 Endangered Throughout its Range; Final Rule Endangered ......

7/27/2010 Final Rule to List the Medium Tree-Finch (Camarhynchus pauper) Final Listing 75 FR 43853-43864 as Endangered Throughout Its Range Endangered ......

8/3/2010 Determination of Threatened Status for Five Penguin Species Final Listing 75 FR 45497- 45527 Threatened ......

8/4/2010 90-Day Finding on a Petition To List the Mexican Gray Wolf as an Notice of 90–day 75 FR 46894- 46898 Endangered Subspecies With Critical Habitat Petition Finding, ..... Substantial ......

8/10/2010 90-Day Finding on a Petition to List Arctostaphylos franciscana as Notice of 90–day 75 FR 48294-48298 Endangered with Critical Habitat Petition Finding, ..... Substantial ......

8/17/2010 Listing Three Foreign Bird Species from Latin America and the Final Listing 75 FR 50813-50842 Caribbean as Endangered Throughout Their Range Endangered ......

8/17/2010 90-Day Finding on a Petition to List Brian Head Mountainsnail as Notice of 90–day 75 FR 50739-50742 Endangered or Threatened with Critical Habitat Petition Finding, ..... Not substantial ......

8/24/2010 90-Day Finding on a Petition to List the Oklahoma Grass Notice of 90–day 75 FR 51969-51974 Pink Orchid as Endangered or Threatened ...... Petition Finding, ..... Substantial ......

9/01/2010 12-Month Finding on a Petition to List the White-Sided Jackrabbit Notice of 90–day 75 FR 53615-53629 as Threatened or Endangered Notice of 12-month petition finding,. Not warranted ......

9/08/2010 Proposed Rule To List the Ozark Hellbender Salamander as Proposed 75 FR 54561-54579 Endangered ...... ListingEndangered

9/08/2010 Revised 12-Month Finding to List the Upper Missouri River Notice of 12-month 75 FR 54707-54753 Distinct Population Segment of Arctic Grayling as Endangered petition finding, or Threatened ...... Warranted but precluded ......

9/09/2010 12-Month Finding on a Petition to List the Jemez Mountains Notice of 12-month 75 FR 54822-54845 Salamander (Plethodon neomexicanus) as Endangered or ...... petition finding, Threatened with Critical Habitat ...... Warranted but ...... precluded ......

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

VerDate Mar<15>2010 16:49 Sep 21, 2010 Jkt 220001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\22SEP1.SGM 22SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Proposed Rules 57731

Actions funded in FY 2010 but not yet completed Species Action

Actions Subject to Court Order/Settlement Agreement

6 Birds from Eurasia Final listing determination

African penguin Final listing determination

Flat-tailed horned lizard Final listing determination

Mountain plover Final listing determination

6 Birds from Peru Proposed listing determination

Sacramento splittail Proposed listing determination

Pacific walrus 12–month petition finding

Gunnison sage-grouse 12–month petition finding

Wolverine 12–month petition finding

Solanum conocarpum 12–month petition finding

Sprague’s pipit 12–month petition finding

Desert tortoise – Sonoran population 12–month petition finding

Pygmy rabbit (rangewide)1 12–month petition finding

Thorne’s Hairstreak Butterfly 12–month petition finding

Hermes copper butterfly 12–month petition finding

Actions with Statutory Deadlines

Casey’s june beetle Final listing determination

Georgia pigtoe, interrupted rocksnail, and rough hornsnail Final listing determination

7 Bird species from Brazil Final listing determination

Southern rockhopper penguin – Campbell Plateau population Final listing determination

5 Bird species from Colombia and Ecuador Final listing determination

Queen Charlotte goshawk Final listing determination

5 species southeast fish (Cumberland darter, rush darter, yellowcheek darter, chucky madtom, Final listing determination and laurel dace)

Salmon crested cockatoo Proposed listing determination

CA golden trout 12–month petition finding

Black-footed albatross 12–month petition finding

Mount Charleston blue butterfly 12–month petition finding

Mojave fringe-toed lizard1 12–month petition finding

Kokanee – Lake Sammamish population1 12–month petition finding

Cactus ferruginous pygmy-owl1 12–month petition finding

Northern leopard frog 12–month petition finding

Tehachapi slender salamander 12–month petition finding

Coqui Llanero 12–month petition finding

Dusky tree vole 12–month petition finding

3 MT invertebrates (mist forestfly(Lednia tumana), Oreohelix sp.3, Oreohelix sp. 31) from 206 12–month petition finding species petition

VerDate Mar<15>2010 15:32 Sep 21, 2010 Jkt 220001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\22SEP1.SGM 22SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 57732 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Proposed Rules

Actions funded in FY 2010 but not yet completed Species Action

5 UT plants (Astragalus hamiltonii, Eriogonum soredium, Lepidium ostleri, Penstemon flowersii, 12–month petition finding Trifolium friscanum) from 206 species petition

2 CO plants (Astragalus microcymbus, Astragalus schmolliae) from 206 species petition 12–month petition finding

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) 12–month petition finding

Gopher tortoise – eastern population 12–month petition finding

Wrights marsh thistle 12–month petition finding

67 of 475 southwest species 12–month petition finding

Grand Canyon scorpion (from 475 species petition) 12–month petition finding

Anacroneuria wipukupa (a stonefly from 475 species petition) 12–month petition finding

Rattlesnake-master borer moth (from 475 species petition) 12–month petition finding

3 Texas moths (Ursia furtiva, Sphingicampa blanchardi, Agapema galbina) (from 475 species 12–month petition finding petition)

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 12–month petition finding 475 species petition)

5 Central Texas mussel species (3 from 475 species petition) 12–month petition finding

14 parrots (foreign species) 12–month petition finding

Berry Cave salamander1 12–month petition finding

Striped Newt1 12–month petition finding

Fisher – Northern Rocky Mountain Range1 12–month petition finding

Mohave Ground Squirrel1 12–month petition finding

Puerto Rico Harlequin Butterfly 12–month petition finding

Western gull-billed tern 12–month petition finding

Ozark chinquapin (Castanea pumila var. ozarkensis) 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

Southeastern pop snowy plover & wintering pop. of piping plover1 90–day petition finding

Eagle Lake trout1 90–day petition finding

Smooth-billed ani1 90–day petition finding

Bay Springs salamander1 90–day petition finding

32 species of snails and slugs1 90–day petition finding

42 snail species (Nevada & Utah) 90–day petition finding

Red knot roselaari subspecies 90–day petition finding

Peary caribou 90–day petition finding

VerDate Mar<15>2010 15:32 Sep 21, 2010 Jkt 220001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\22SEP1.SGM 22SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Proposed Rules 57733

Actions funded in FY 2010 but not yet completed Species Action

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 90–day petition finding

Sand-verbena moth 90–day petition finding

Aztec (beautiful) gilia 90–day petition finding

Arapahoe snowfly 90–day petition finding

404 Southeast species 90–day petition finding

High Priority Listing Actions3

19 Oahu candidate species3 (16 plants, 3 damselflies) (15 with LPN = 2, 3 with LPN = 3, 1 with Proposed listing LPN =9)

19 Maui-Nui candidate species3 (16 plants, 3 tree snails) (14 with LPN = 2, 2 with LPN = 3, 3 with Proposed listing LPN = 8)

Sand dune lizard3 (LPN = 2) Proposed listing

2 Arizona springsnails3 (Pyrgulopsis bernadina (LPN = 2), Pyrgulopsis trivialis (LPN = 2)) Proposed listing

2 New Mexico springsnails3 (Pyrgulopsis chupaderae (LPN = 2), Pyrgulopsis thermalis (LPN = Proposed listing 11))

2 mussels3 (rayed bean (LPN = 2), snuffbox No LPN) Proposed listing

2 mussels3 (sheepnose (LPN = 2), spectaclecase (LPN = 4),) Proposed listing

Altamaha spinymussel3 (LPN = 2) Proposed listing

8 southeast 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)) 1 Funds for listing actions for these species were provided in previous FYs. 2 We funded a proposed rule for this subspecies with an LPN of 3 ahead of other species with LPN of 2, because the threats to the species were so imminent and of a high magnitude that we considered emergency listing if we were unable to fund work on a proposed listing rule in FY 2008. 3 Funds for these high-priority listing actions were provided in FY 2008 or 2009

We endeavored to make our listing processes or achieve economies of scale, We intend that any proposed actions as efficient and timely as such as by batching related actions reclassification of Agave eggersiana will possible, given the requirements of the together. Given our limited budget for be as accurate as possible. Therefore, we relevant law and regulations, and implementing section 4 of the Act, these will continue to accept additional constraints relating to workload and actions described above collectively information and comments from all personnel. We are continually constitute expeditious progress. concerned governmental agencies, the considering ways to streamline scientific community, industry, or any

VerDate Mar<15>2010 15:32 Sep 21, 2010 Jkt 220001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\22SEP1.SGM 22SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 57734 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Proposed Rules

other interested party concerning this (AMs) for nine snapper-grouper species, an Initial Regulatory Flexibility finding. eight of which are undergoing Analysis, a Regulatory Impact Review, Agave eggersiana will be added to the overfishing; specify recreational and and a Social Impact Assessment/Fishery list of candidate species upon commercial allocations for golden Impact Statement. publication of this 12–month finding. tilefish; modify management measures FOR FURTHER INFORMATION CONTACT: Kate We will continue to evaluate this to limit total mortality of each species Michie, telephone: 727–824–5305; fax: species as new information becomes to their respective ACLs; and add ACLs, 727–824–5308; e-mail: available. This review will determine if ACTs, and AMs to the management [email protected]. a change in status is warranted, measures that may be amended via the SUPPLEMENTARY INFORMATION: The South including the need to make prompt use framework procedure. The actions Atlantic snapper-grouper fishery is of emergency listing procedures. contained in Amendment 17B are managed under the FMP. The FMP was intended to address overfishing of eight References Cited prepared by the Council and snapper-grouper species while implemented by NMFS under the A complete list of references cited is maintaining catch levels consistent with authority of the Magnuson-Stevens available on the Internet at http:// achieving optimum yield for all nine Fishery Conservation and Management www.regulations.gov and upon request species included in the amendment. from the Caribbean Ecological Services Act (Magnuson-Stevens Act) by DATES: Comments must be received no regulations at 50 CFR part 622. Field Office (see ADDRESSES section). later than 5 p.m., eastern time, on Author(s) November 22, 2010. Background ADDRESSES: You may submit comments, Revisions to the Magnuson–Stevens The primary authors of this notice are identified by ‘‘0648–AY11’’, by any one Act in 2006 require that if a stock or the staff members of the Caribbean of the following methods: stock complex in an FMP is undergoing Ecological Services Field Office. • Electronic Submissions: Submit all overfishing, the FMP must establish by Authority electronic public comments via the 2010 a mechanism for specifying ACLs The authority for this section is Federal e-Rulemaking Portal http:// at a level that prevents overfishing and www.regulations.gov does not exceed the fishing level section 4 of the Endangered Species Act • of 1973, as amended (16 U.S.C. 1531 et Fax: 727–824–5308, Attn: Kate recommendations of the respective seq.). Michie Council(s Scientific and Statistical • Mail: Kate Michie, Southeast Committee or other established peer Dated: September 2, 2010. Regional Office, NMFS, 263 13th review processes. The Magnuson- Paul R. Schmidt, Avenue South, St. Petersburg, FL 33701 Stevens Act also requires that NMFS Acting Director, Fish and Wildlife Service. Instructions: No comments will be implement measures to ensure [FR Doc. 2010–23571 Filed 9–21–10; 8:45 am] posted for public viewing until after the accountability to prevent an ACL from BILLING CODE 4310–55–S comment period is over. All comments being exceeded or correcting for an ACL received are a part of the public record overage if one should occur. The and will generally be posted to http:// National Standard 1 Guidelines, DEPARTMENT OF COMMERCE www.regulations.gov without change. published on January 16, 2009 (74 FR All Personal Identifying Information (for 3178), provide guidance for establishing National Oceanic and Atmospheric example, name, address, etc.) ACLs and AMs in our nation’s fisheries. Administration voluntarily submitted by the commenter In the South Atlantic snapper-grouper may be publicly accessible. Do not fishery there are nine species currently 50 CFR Part 622 submit Confidential Business undergoing overfishing including: Information or otherwise sensitive or speckled hind, warsaw grouper, snowy RIN 0648–AY11 protected information. grouper, golden tilefish, black sea bass, Fisheries of the Caribbean, Gulf of To submit comments through the red grouper, gag, vermilion snapper, and Mexico, and South Atlantic; Snapper- Federal e–Rulemaking Portal: http:// red snapper. Amendment 17B includes ‘‘ Grouper Fishery off the Southern www.regulations.gov, enter NOAA– actions to establish ACLs and AMs for ’’ Atlantic States; Amendment 17B NMFS–2010–0091 in the keyword eight of these species as well as black search, then check the box labeled grouper. Actions to address red snapper AGENCY: National Marine Fisheries (Select to find documents accepting overfishing are contained in a separate Service (NMFS), National Oceanic and comments or submissions(, then select amendment (Amendment 17A). Atmospheric Administration (NOAA), (Send a Comment or Submission.( An ACL is the level of annual catch Commerce. NMFS will accept anonymous of a stock or stock complex that if met ACTION: Notice of Availability of comments (enter N/A in the required or exceeded serves as the basis for Amendment 17B to South Atlantic fields, if you wish to remain triggering an AM. The Magnuson– Snapper-Grouper Fishery Management anonymous). Attachments to electronic Stevens Act requires ACLs be set at Plan; request for comments. comments will be accepted in Microsoft levels that prevent overfishing from Word, Excel, WordPerfect, or Adobe occurring. ACLs may incorporate SUMMARY: The South Atlantic Fishery PDF file formats only. management and scientific uncertainty, Management Council (Council) has Copies of Amendment 17B may be and take into account the amount of submitted Amendment 17B to the obtained from the South Atlantic data available and level of vulnerability Fishery Management Plan for the Fishery Management Council, 4055 to overfishing for each species. Separate Snapper-Grouper Fishery of the South Faber Place, Suite 201, North ACLs may be established for each sector Atlantic Region (FMP) for review, Charleston, SC 29405; phone: 843–571– of a fishery, i.e., commercial and approval, and implementation by 4366 or 866–SAFMC–10 (toll free); fax: recreational. However, the combined NMFS. The amendment proposes 843–769–4520; e-mail: total of all sector ACLs may not exceed actions to specify annual catch limits [email protected]. Amendment 17B the total ACL for a species or species (ACLs), and accountability measures includes an Environmental Assessment, complex.

VerDate Mar<15>2010 17:41 Sep 21, 2010 Jkt 220001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\22SEP1.SGM 22SEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1