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such portions will not warrant further contraction for ashy storm-petrel, and, DEPARTMENT OF THE INTERIOR consideration. therefore, we find that lost historical If we identify portions that warrant range does not constitute a significant Fish and Wildlife Service further consideration, we then portion of the range for this species. determine whether the species is 50 CFR Part 17 threatened or endangered in these Our review of the best available portions of its range. Depending on the scientific and commercial information [Docket No. FWS–R4–ES–2013–0040; biology of the species, its range, and the indicates that the ashy storm-petrel is 4500030114] not in danger of extinction (endangered) threats it faces, the Service may address RIN 1018–AZ79 either the significance question or the nor likely to become endangered within status question first. Thus, if the Service the foreseeable future (threatened), Endangered and Threatened Wildlife considers significance first and throughout all or a significant portion of and ; Designation of Critical determines that a portion of the range is its range. Therefore, we find that listing Habitat for Agave eggersiana, not significant, the Service need not this species as an endangered or Gonocalyx concolor, and determine whether the species is threatened species under the Act is not rupicola threatened or endangered there. warranted at this time. AGENCY: Fish and Wildlife Service, Likewise, if the Service considers status We request that you submit any new Interior. first and determines that the species is information concerning the status of, or not threatened or endangered in a threats to, the ashy storm-petrel to our ACTION: Proposed rule. portion of its range, the Service need not Bay–Delta Fish and Wildlife Office (see determine if that portion is significant. SUMMARY: We, the U.S. Fish and However, if the Service determines that ADDRESSES section) whenever it Wildlife Service (Service), propose to both a portion of the range of a species becomes available. New information designate critical habitat for three is significant and the species is will help us monitor this species and plants, Agave eggersiana, threatened or endangered there, the encourage its conservation. If an Gonocalyx concolor, and Varronia Service will specify that portion of the emergency situation develops for this rupicola, under the Endangered Species range as threatened or endangered species, we will act to provide Act of 1973, as amended (Act). The under section 4(c)(1) of the ESA. immediate protection. effect of this rule, if it is made final, We evaluated the current range of the would be to conserve habitat for these References Cited ashy storm-petrel to determine if there three Caribbean plants under the Act. is any apparent geographic A complete list of references cited in DATES: We will accept comments concentration of potential threats for the this finding is available on the Internet received or postmarked on or before species. We examined potential threats at http://www.regulations.gov and upon December 23, 2013. Comments from climate change (ocean request from the Bay–Delta Fish and submitted electronically using the acidification, ocean warming, and sea Wildlife Office (see FOR FURTHER Federal eRulemaking Portal (see level rise); invasive species; human INFORMATION CONTACT). ADDRESSES section, below) must be activities; military activities; received by 11:59 p.m. Eastern Time on overutilization for commercial, Authors the closing date. We must receive recreational, scientific, or educational requests for public hearings, in writing, The primary authors of this finding purposes; burrowing owl, western gull, at the address shown in FOR FURTHER house mouse, skunk, barn owl, and are the staff members of the Pacific INFORMATION CONTACT by December 6, common raven predation; artificial light Southwest Regional Office and the Bay– 2013. pollution; oil pollution; organochlorine Delta Fish and Wildlife Office (see FOR contaminants; and ingestion of plastics. FURTHER INFORMATION CONTACT). ADDRESSES: You may submit comments While some threats are affecting the by one of the following methods: species in only a portion of its range (for Authority (1) Electronically: Go to the Federal Rulemaking Portal: http:// example, gull predation at SE Farallon The authority for this section is Island or sea level rise affecting sea cave www.regulations.gov. In the Search box, section 4 of the Endangered Species Act nesting sites at the Channel Islands), enter FWS–R4–ES–2013–0040, which is of 1973, as amended (16 U.S.C. 1531 et these threats are not having substantial the docket number for this rulemaking. impacts to the populations of ashy seq.). Then, in the Search panel on the left storm-petrels at those sites and are not Dated: September 25, 2013. side of the screen, under the Document resulting in a decline of the species. Signed: Type heading, click on the Proposed Therefore, we found no concentration of Rowan Gould, Rules link to locate this document. You may submit a comment by clicking on threats that suggests that the ashy storm- Acting Director, U.S. Fish and Wildlife petrel may be in danger of extinction in Service. ‘‘Comment Now!’’ (2) By hard copy: Submit by U.S. mail a portion of its range. In addition, the [FR Doc. 2013–24170 Filed 10–21–13; 8:45 am] 32 known breeding sites of the ashy or hand-delivery to: Public Comments storm-petrel stretch from Mendocino BILLING CODE 4310–55–P Processing, Attn: FWS–R4–ES–2013– County, California, to Ensenada, 0040; Division of Policy and Directives , and these breeding sites Management; U.S. Fish and Wildlife provide for representation, redundancy, Service; 4401 N. Fairfax Drive, MS and resiliency for the ashy storm-petrel. 2042–PDM; Arlington, VA 22203. Therefore, we find that no portion of the We request that you send comments range of ashy storm-petrel warrants only by the methods described above. further consideration of possible We will post all comments on http:// endangered or threatened status under www.regulations.gov. This generally the Act. No available information means that we will post any personal indicates that there has been a range information you provide us (see the

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Information Requested section below for national security impact, and any other (d) What areas not occupied at the more information). relevant impact of specifying any time of listing are essential for the The coordinates or plot points or both particular area as critical habitat. The conservation of the species and why. from which the critical habitat maps are Secretary may exclude an area from (3) Land use designations and current generated are included in the critical habitat if he determines that the or planned activities in the areas administrative record for this benefits of such exclusion outweigh the occupied by the species or proposed to rulemaking and are available at http:// benefits of specifying such area as part be designated as critical habitat, and www.fws.gov/caribbean/es, at http:// of the critical habitat, unless she possible impacts of these activities on www.regulations.gov at Docket No. determines, based on the best scientific this species and proposed critical FWS–R4–ES–2013–0040, and at the data available, that the failure to habitat. Caribbean Ecological Services Field designate such area as critical habitat (4) Information on the projected and Office (see FOR FURTHER INFORMATION will result in the extinction of the reasonably likely impacts of climate CONTACT). Any additional tools or species. change on the three Caribbean plants supporting information that we may We will seek peer review. We are and proposed critical habitat. develop for this rulemaking will also be seeking comments from knowledgeable (5) Any foreseeable economic, available at the Fish and Wildlife individuals with scientific expertise to national security, or other relevant Service Web site and Field Office set out review our analysis of the best available impacts that may result from above, and may also be included at science and application of that science designating any area that may be http://www.regulations.gov. and to provide any additional scientific included in the final designation. We are particularly interested in any FOR FURTHER INFORMATION CONTACT: information to improve this proposed impacts on small entities, and the rule. Because we will consider all Marelisa Rivera, Deputy Field benefits of including or excluding areas comments and information we receive Supervisor, U.S. Fish and Wildlife from the proposed designation that are during the comment period, our final Service, Caribbean Ecological Services subject to these impacts. designations may differ from this Field Office, P.O. Box 491, Road 301 (6) Whether any specific areas we are proposal. Km. 5.1, Boquero´n, PR 00622; by proposing for critical habitat telephone (787) 851–7297; or by Information Requested designation should be considered for facsimile (787) 851–7440. Persons who exclusion under section 4(b)(2) of the We intend that any final action use a telecommunications device for the Act, and whether the benefits of resulting from this proposed rule will be deaf (TDD) may call the Federal potentially excluding any specific area based on the best scientific and Information Relay Service (FIRS) at outweigh the benefits of including that commercial data available and be as 800–877–8339. area under section 4(b)(2) of the Act. SUPPLEMENTARY INFORMATION: accurate and as effective as possible. (7) Whether we could improve or Therefore, we request comments or Executive Summary modify our approach to designating information from the public, other critical habitat in any way to provide for Why we need to publish a rule. Under concerned governmental agencies, greater public participation and the Act, the Service shall designate Native American tribes, the scientific understanding, or to better critical habitat for any species or community, industry, or any other accommodate public concerns and subspecies that is determined to be an interested parties concerning this comments. endangered or threatened species, to the proposed rule. We particularly seek Include sufficient information with maximum extent prudent and comments concerning: your submission (such as scientific determinable. Designations of critical (1) The reasons why we should or journal articles or other publications) to habitat can only be completed by should not designate habitat as ‘‘critical allow us to verify any scientific or issuing a rule. Elsewhere in today’s habitat’’ under section 4 of the Act (16 commercial information you include. Federal Register, we propose to list U.S.C. 1531 et seq.), including whether Note that submissions merely stating Agave eggersiana and Gonocalyx there are threats to the species from support for or opposition to the action concolor as endangered species, and human activity, the degree of which can under consideration without providing as a threatened be expected to increase due to the supporting information, although noted, species, under the Act. designation, and whether that increase will not be considered in making a This rule consists of a proposed rule in threats outweighs the benefit of determination, as section 4(b)(2) of the to designate critical habitat for Agave designation such that the designation of Act directs that determinations as to eggersiana, Gonocalyx concolor, and critical habitat is not prudent. whether to designated critical habitat for Varronia rupicola under the Act. (2) Specific information on: any listed species must be made ‘‘on the Specifically, we propose to: (a) The amount and distribution of basis of the best scientific and • Designate approximately 50.6 acres Agave eggersiana, Gonocalyx concolor, commercial data available.’’ (ac) (20.5 hectares (ha)) of critical and Varronia rupicola (which we refer You may submit your comments and habitat for A. eggersiana in St. Croix, to collectively as the three Caribbean materials concerning this proposed rule Virgin Islands (USVI). plants) and their habitat; by one of the methods listed in the • Designate approximately 198 ac (b) What areas, that were occupied at ADDRESSES section. We request that you (80.1 ha) for G. concolor in . the time of listing (or are currently send comments only by the methods • Designate approximately 6,547 ac occupied) and that contain features described in the ADDRESSES section. We (2,648 ha) for V. rupicola in southern essential to the conservation of the will post your entire comment— Puerto Rico and Vieques Island. species, should be included in the including your personal identifying The basis for our action. Under designation and why; information—on http:// section 4(b)(2) of the Act, that the (c) Special management www.regulations.gov. You may request Secretary shall designate critical habitat considerations or protection that may be at the top of your document that we on the basis of the best available needed in critical habitat areas we are withhold personal information such as scientific data after taking into proposing, including managing for the your street address, phone number, or consideration the economic impact, potential effects of climate change; and email address from public review;

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however, we cannot guarantee that we critical habitat does not affect land a species only when a designation will be able to do so. ownership or establish a refuge, limited to its range would be inadequate Comments and materials we receive, wilderness, reserve, preserve, or other to ensure the conservation of the as well as supporting documentation we conservation area. Such designation species. used in preparing this proposed rule, does not allow the government or public Section 4 of the Act requires that we will be available for public inspection to access private lands. Such designate critical habitat on the basis of on http://www.regulations.gov, or by designation does not require the best scientific data available. appointment, during normal business implementation of restoration, recovery, Further, our Policy on Information hours, at the U.S. Fish and Wildlife or enhancement measures by non- Standards under the Endangered Service, Caribbean Ecological Services Federal landowners. Where a landowner Species Act (published in the Federal Field Office (see FOR FURTHER requests Federal agency funding or Register on July 1, 1994 (59 FR 34271)), INFORMATION CONTACT). authorization for an action that may the Information Quality Act (section 515 affect a listed species or critical habitat, of the Treasury and General Previous Federal Actions the consultation requirements of section Government Appropriations Act for All previous Federal actions are 7(a)(2) of the Act would apply, but even Fiscal Year 2001 (Pub. L. 106–554; H.R. described in the proposal to list the in the event of a destruction or adverse 5658)), and our associated Information Agave eggersiana and Gonocalyx modification finding, the obligation of Quality Guidelines, provide criteria, concolor as endangered species, and the Federal action agency and the establish procedures, and provide Varronia rupicola as a threatened landowner is not to restore or recover guidance to ensure that our decisions species, which is published elsewhere the species, but to implement are based on the best scientific data in today’s Federal Register. reasonable and prudent alternatives to available. They require our biologists, to avoid destruction or adverse the extent consistent with the Act and Background modification of critical habitat. with the use of the best scientific data Critical habitat is defined in section 3 Under the first prong of the Act’s available, to use primary and original of the Act as: definition of critical habitat, areas sources of information as the basis for (1) The specific areas within the within the geographical area occupied recommendations to designate critical geographical area occupied by the by the species at the time it was listed habitat. species, at the time it is listed in are included in a critical habitat When we are determining which areas accordance with the Act, on which are designation if they contain physical or should be designated as critical habitat, found those physical or biological biological features (1) essential to the our primary source of information is features: conservation of the species, and (2) generally the information developed (a) Essential to the conservation of the which may require special management during the listing process for the species, and considerations or protection. For these species. Additional information sources (b) Which may require special areas, critical habitat designations may include the recovery plan for the management considerations or identify, to the extent known using the species, articles in peer-reviewed protection; and best scientific and commercial data journals, conservation plans developed (2) Specific areas outside the available, those physical or biological by States and counties, scientific status geographical area occupied by the features essential to the conservation of surveys and studies, biological species at the time it is listed, upon a the species (such as space, food, cover, assessments, other unpublished determination that such areas are and protected habitat). In identifying materials, or experts’ opinions or essential for the conservation of the those physical or biological features personal knowledge. species. within an area, we focus on the Habitat is dynamic, and species may Conservation, as defined under principal biological or physical move from one area to another over section 3 of the Act, means to use and constituent elements (primary time. Climate change will be a particular the use of all methods and procedures constituent elements such as roost sites, challenge for biodiversity because the that are necessary to bring an nesting grounds, seasonal wetlands, interaction of additional stressors endangered or threatened species to the water quality, tide, soil type) that are associated with climate change and point at which the measures provided essential to the conservation of the current stressors may push species pursuant to the Act are no longer species. Primary constituent elements beyond their ability to survive (Lovejoy necessary. Such methods and are those specific elements of the 2005, pp. 325–326). The synergistic procedures include, but are not limited physical or biological features that implications of climate change and to, all activities associated with provide for a species’ life-history habitat fragmentation are the most scientific resources management such as processes and are essential to the threatening facet of climate change for research, census, law enforcement, conservation of the species. biodiversity (Hannah and Lovejoy 2005, habitat acquisition and maintenance, Under the second prong of the Act’s p. 4). Current climate change propagation, live trapping, and definition of critical habitat, we can predictions for terrestrial areas in the transplantation, and, in the designate critical habitat in areas Northern Hemisphere indicate warmer extraordinary case where population outside the geographic area occupied by air temperatures, more intense pressures within a given ecosystem the species at the time it is listed, upon precipitation events, and increased cannot be otherwise relieved, may a determination that such areas are summer continental drying (Field et al. include regulated taking. essential for the conservation of the 1999, pp. 1–3; Hayhoe et al. 2004, p. Critical habitat receives protection species. For example, an area currently 12422; Cayan et al. 2005, p. 6; under section 7 of the Act through the occupied by the species but that was not Intergovernmental Panel on Climate requirement that Federal agencies occupied at the time of listing may be Change (IPCC) 2007, p. 1181). Climate ensure, in consultation with the Service, essential to the conservation of the change may lead to increased frequency that any action they authorize, fund, or species and may be included in the and duration of severe storms and carry out is not likely to result in the critical habitat designation. We droughts (Golladay et al. 2004, p. 504; destruction or adverse modification of designate critical habitat in areas McLaughlin et al. 2002, p. 6074; Cook critical habitat. The designation of outside the geographic area occupied by et al. 2004, p. 1015).

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We recognize that critical habitat immediate threat of take attributed to Physical or Biological Features designated at a particular point in time collection or vandalism for Agave In accordance with section 3(5)(A)(i) may not include all of the habitat areas eggersiana, the identification and and 4(b)(1)(A) of the Act and regulations that we may later determine are mapping of critical habitat is not at 50 CFR 424.12, in determining which necessary for the recovery of the expected to intensify the threat to A. areas within the geographic area species. For these reasons, a critical eggersiana. We have no evidence that occupied by the species at the time of habitat designation does not signal that collection or vandalism is a current listing to designate as critical habitat, habitat outside the designated area is threat to A. eggersiana. Even if we did, we consider the physical or biological unimportant or may not be needed for general agave locations are already features (PBFs) that are essential to the recovery of the species. Areas that are published on the web, so publication of conservation of the species and which important to the conservation of a listed location information in connection with may require special management species, both inside and outside the this proposed designation should not considerations or protection. These critical habitat designation, will intensify such a threat. continue to be subject to: (1) include, but are not limited to: In the absence of a finding that the (1) Space for individual and Conservation actions implemented designation of critical habitat would under section 7(a)(1) of the Act, (2) population growth and for normal increase threats to a species, if there are behavior; regulatory protections afforded by the any benefits to a critical habitat (2) Food, water, air, light, minerals, or requirement in section 7(a)(2) of the Act designation, then we may find that such other nutritional or physiological for Federal agencies to ensure their designation is prudent. Here, the requirements; actions are not likely to jeopardize the potential benefits of designation (3) Cover or shelter; continued existence of any endangered include: (1)Triggering consultation or threatened species, and (3) section 9 under section 7 of the Act, in new areas (4) Sites for breeding, reproduction, or of the Act’s prohibitions on taking any for actions in which there may be a rearing (or development) of offspring; individual of the species, including Federal nexus where it would not and taking caused by actions that affect otherwise occur because, for example, it (5) Habitats that are protected from habitat. Federally funded or permitted is or has become unoccupied or the disturbance or are representative of the projects affecting listed species outside occupancy is in question; (2) focusing historical, geographic, and ecological their designated critical habitat areas conservation activities on the most distributions of a species. may still result in jeopardy findings in essential features and areas; (3) We derive the specific physical or some cases. Similarly, critical habitat providing educational benefits to State biological features required for the three designations made on the basis of the or county governments or private Caribbean plants from studies and best available information at the time of entities; and (4) preventing people from observations of the three species’ designation will not control the causing inadvertent harm to the species. habitat, ecology, and life history as direction and substance of future Therefore, because we have described below. Unfortunately, little is recovery plans, habitat conservation determined that the designation of known of the specific habitat plans (HCPs), or other species critical habitat would not likely increase requirements for the three Caribbean conservation planning efforts if new the degree of threat to the species and plants. To identify the physical and information available at the time of may provide some measure of benefit, biological needs of the species, we have these planning efforts calls for a we find that designation of critical relied on current conditions at locations different outcome. habitat is prudent for Agave eggersiana, where the three species exist and the Prudency Determination Gonocalyx concolor, and Varronia limited information available for these species. Section 4(a)(3) of the Act, as rupicola. amended, and its implementing Critical Habitat Determinability Space for Individual and Population regulations (50 CFR 424.12) require that, Growth and for Normal Behavior Having determined that designation is to the maximum extent prudent and Agave eggersiana determinable, the Secretary designate prudent, under section 4(a)(3) of the critical habitat at the time the species is Act, we must find whether critical Agave eggersiana is endemic to the determined to be an endangered or habitat for the three Caribbean plants is island of St. Croix, USVI. The species is threatened species. Our regulations (50 determinable. Our regulations at 50 CFR found growing in the subtropical dry CFR 424.12(a)(1)) state that the 424.12(a)(2) state that critical habitat is forest zone, which covers about 72 designation of critical habitat is not not determinable if information percent of the surface of St. Croix. The prudent when one or both of the sufficient to perform required analyses variables used to delineate any given following situations exist: of the impacts of the designation is life zone are defined by mean annual (1) The species is threatened by taking lacking, or the biological needs of the precipitation and mean annual bio- or other human activity, and species are not sufficiently well known temperature (Ewel and Whitmore 1973, identification of critical habitat can be to permit identification of an area as p. 2), and are characterized by an expected to increase the degree of threat critical habitat. association of animals and plants (Mac to the species, or We reviewed the available et al. 1998, p. 317). Subtropical dry (2) Such designation of critical habitat information pertaining to the biological forests are lowland semi-deciduous and would not be beneficial to the species. needs of the species and habitat lowland drought deciduous forest. The There is currently no imminent threat characteristics where the species are vegetation in this life zone usually of take attributed to collection or located. This and other information consists of a nearly continuous, single- vandalism (see the discussion under represent the best scientific data layered canopy, with little ground Factor B in the proposed listing rule, available and have led us to conclude cover. Tree heights usually do not which is published elsewhere in today’s that the designation of critical habitat is exceed 49 feet (ft) (15 meters (m)) and Federal Register) for Gonocalyx determinable for Agave eggersiana, crowns are typically broad, spreading, concolor and Varronia rupicola. Gonocalyx concolor, and Varronia and flattened (Ewel and Whitmore 1973, Although there may be a possible rupicola. p. 10).

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Dry forest structure is greatly p. 45). The vegetation is commonly published elsewhere in today’s Federal influenced by wind, salt spray and the saturated with moisture, frequently Register). presence of fresh water. Some of the enveloped in clouds, and both aerial Therefore, based on the above native tree species that are common in and superficial roots are common information, we identify the vegetation subtropical dry forest in the USVI are (Weaver et al. 1986, p. 79). The composition found in the elfin and the simaruba (L.) Sarg. (gumbo association in this area is generally ausubo forests as an essential physical limbo), Amyris elemifera L. (torch comprised by few species of native trees or biological feature for this species. wood), Capparis cynophallophora L. and native ferns, and is dense with Varronia rupicola (Jamaican caper), rickseckeri epiphytes, including bromeliads and Millsp. (black manjack), Pisonia mosses (Weaver et al. 1986, p. 79). The Varronia rupicola is a Puerto Rican subcordata Sw. (water mampoo), native tree composition includes: bank (biogeographical area) endemic Plumeria alba L. (white frangipani), and Tabebuia schumanniana (roble that grows within the subtropical dry Pictetia aculeata (Vahl) Urban (fustic) colorado), Tabebuia rigida (roble de forest life zone overlying a (Brandeis and Oswalt, 2007, p. 13; Ewel sierra), Ocotea spathulata (nemoca substrate (Ewel and Whitmore 1973, p. and Whitmore 1973, p. 16; Chakroff cimarrona), Eugenia borinquensis 72). The Puerto Rican bank is a 2010, p. 8). (guayabota), Clusia minor (cupey de geographical that includes the main Plant communities where Agave monte), and Prestoea acuminata var. island of Puerto Rico, Vieques, Culebra, eggersiana occurs are coastal cliffs with montana (sierra palm) (Weaver et al. the USVI (excluding St. Croix), and the sparse or no vegetation and coastal 1986, p. 80; Silander et al. 1986, p. 191). Island of Anegada. In Puerto Rico, this shrubland areas. The plant community Additionally, some areas were planted life zone is mainly located on the south in these areas is predominately native with Eucalyptus robusta (O. Monsegur, coast extending 74 miles (mi) (120 vegetation and either no competitive, UPRM, unpublished data, 2006). kilometers (km)) from the Municipality nonnative, invasive plant species or The ausubo forest is only found along of Cabo Rojo to the Municipality of such species in quantities low enough to the Rio Grande de Patillas River basin Guayama, and to the eastern of Puerto have minimal effects on the survival of and intermittent streams between 2,000 Rico, including the Island of Vieques A. eggersiana. These communities and ft (620 m) and 2,300 ft (720 m) of (Ewel and Whitmore 1973, p. 72; their associated native plant species are elevation (DNR 1976, p. 169); occupying Murphy and Lugo 1986, p. 89). provided in the Status Assessment for approximately 179.2 ac (72.5 ha) in the The species has been recorded in A. eggersiana (see Habitat section of our Charco Azul area within the Carite forested hills with open to relatively proposed listing rule, which is Commonwealth Forest (Silander et al. dense scrub and lands 6.5 to 9.8 published elsewhere in today’s Federal 1986, p.190). The ausubo forest is ft (2 to 3 m) in height; in low forest with Register). characterized by evergreen vegetation, canopy from 8 to 15 ft (3 to 5 m) high; Therefore, based on the above high species richness, rapid growth rate and at the edge of a dense, low, coastal information, we identify the vegetation of successional trees, epiphytic ferns, shrubland and forest. Varronia rupicola composition areas (e.g., dry coastal cliffs bromeliads, and orchids (Ewel and is associated with dry forest native and dry shrubland) as an essential Whitmore 1973, p. 32). The vegetation vegetation dominated by Gymnanthes physical or biological feature for this in this area is generally comprised of lucida (shiny oysterwood, or yaitı´), species. native trees (i.e., Manilkara bidentata Exostema caribaeum (princewood, or albarillo), Pisonia albida (corcho), Gonocalyx concolor (ausubo), Dacryodes excelsa (tabonuco), Guarea guidonia (), and Pictetia aculeata (fustic, or tachuelo), Gonocalyx concolor is a Puerto Rican Cyrilla racemiflora (swamp titi)) Thouinia portoricensis (ceboruquillo, or endemic plant species that has been (Francis and Lowe 2000, p. 345; DNER serrazuela), Coccoloba krugii found growing only in the elfin and 2008, p. 2). (whitewood), Pilosocereus royenii ausubo (Manilkara bidentata) forests Gonocalyx concolor has been found (Royen’s tree cactus, or sebuca´n), within the Carite Commonwealth growing on the canopy of the tallest tree (gumbo limbo, or Forest, which lies within the areas, growing on tree trunks almacigo), Erithalis fruticosa (black municipalities of Cayey, Patillas, and (epiphytic), clambering (using other torch), Guettarda krugii (frogwood, or San Lorenzo in east-central Puerto Rico. vegetation as support), and laying on the cucubano), Tabebuia heterophylla (pink Zonation of forests within montane litter in the forest floor (C. Pacheco and trumpet tree, or roble), Hypelate habitats on tropical islands is O. Monsegur, Service, unpublished trifoliata (inkwood), Coccoloba condensed into a narrow altitudinal report, 2013, p. 3). The life history of diversifolia (pigeonplum, or uvilla), range (Weaver et al. 1986, p. 79). Both this species has not been studied; Cassine xylocarpa (marbletree, or the elfin and ausubo forests are within however, it seems that the elfin and the coscorro´n), Krugiodendron ferreum the subtropical lower montane very wet ausubo forests provide space for (black ironwood, or palo de hierro), forest life zone and have similar climate individuals and population growth of G. Jacquinia berterii (barkwood), conditions (Ewel and Whitmore 1973, p. concolor. Furthermore, the climate in succulenta (strongbark, or palo de vaca), 32). these forests appears to support the Crossopetalum rhacoma (maidenberry, The elfin forest is found on exposed normal behavior, growth, and viability or pico de paloma), Antirhea acutata peaks and ridges of Cerro La Santa, of G. concolor during most of its life (placa chiquitu, or quina), and Amyris above 2,900 ft (880 m) in elevation from stages; suggesting the species may be a elemifera (). sea level, occupying approximately 24.9 dwell obligate of these types of habitat, In the island of Anegada (British acres (ac) (10.1 hectares (ha)) in the as it has not been found elsewhere. Virgin Islands), Varronia rupicola was Carite Commonwealth Forest (Silander Changes in temperature, humidity, and found in open limestone pavement and et al. 1986, p. 178). The elfin forest solar insolation result in changes in sand dunes. During a recent study in vegetation is characterized by gnarled habitat condition and vegetation this Island, the species was found in trees less than 7 meters tall, high basal composition, with serious effects on G. higher abundance (based on percentage area, small diameters, a large number of concolor. (See the Summary of Factors occurrence across plots) on limestone, stems per unit area, and extremely slow Affecting the Species section of our but also widespread within the sand growth rates (Ewel and Whitmore 1973, proposed listing rule, which is dunes (Clubbe et al. 2004, p. 344).

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Therefore, based on the above today’s Federal Register). The soils are rainfall and its seasonality determines information, we identify remnants of all well-drained, and although there are the forest productivity, growth scrubland and shrubland forest that rainy months, the ground does not characteristics, water loss, and occurs within the subtropical dry forest retain excess water and change the physiognomy in subtropical dry forest life zone overlying limestone substrate vegetation of the dry forest structure. life zones where temperature tends to be as an essential physical or biological Therefore, based on the information constant throughout the year (Lugo et al. feature for this species. above, we identify the dry climate 1978, p. 278). Average rainfall for the regime that regulates the dry forest Gua´nica Forest (important area for the Food, Water, Air, Light, Minerals, or structure and the well-drained soils of Other Nutritional or Physiological species in Puerto Rico) is 860 mm (Lugo Cramer, Glynn, Hasselberg, Southgate, et al. 1996, p. 2). Requirements and Victory series to be physical or Agave eggersiana biological features for this species. The majority of the suitable habitat and known populations of Varronia The island of St. Croix, USVI, is Gonocalyx concolor rupicola in Puerto Rico lie within the located in the Caribbean, where the The variables used to delineate any Ponce limestone formation, a Mid- warm sea stabilizes air temperatures and given life zone are mean annual Tertiary pink to white, fine-grain diurnal temperature changes precipitation and mean annual limestone (Lugo et al. 1996, p. 2). In approximate annual fluctuations. The temperature. The life zones and Puerto Rico, this formation extends from mean annual temperature of the region associations of which they are the western end of the Gua´nica at sea level is lower than 75 degrees comprised only define the potential Commonwealth Forest, east toward the Fahrenheit (°F) (24 degrees Celsius (°C)). vegetation or range of vegetation types Municipality of Ponce (). The This subtropical climate results from the that might be found in an area (Ewel soils at the Gua´nica Forest are described location of St. Croix at the lower limit and Whitmore 1973, p. 5). The mean of the tropical region (Ewel and as shallow, alkaline, and derived from annual precipitation at the Carite limestone rock (Molina and Lugo 2006, Whitmore 1973 p. 8; Mac et al. 1998, p. Commonwealth Forest is 88.7 in (225.3 315). p. 355). According to Murphy and Lugo cm), with February to April the drier (1986, p. 56), these soils are nutrient- The island of St. Croix has easterly months (NOAA 2013, http:// rich, but only a small fraction of the trade winds of 15 miles per hour (24 www.srh.noaa.gov/sju/?n=climo_cayey). total phosphate and potassium is readily kilometers per hour) or more, which The mean temperature is 72.3 °F (22.7 available. These soil factors increase the keep the humidity relatively low °C), varying from 68 °F (20 °C) in (Chakroff 2010, p. 7). This island is January to 73 °F (24 °C) in July (Silander effects of low rainfall and its seasonality much drier than most of the Greater et al. 1986, p.183). on the vegetation. Antilles, averaging 40 inches (in) (102 The Carite Commonwealth Forest is Therefore, based on the information centimeters (cm)) of rain in the west, underlain by volcanic-sedimentary rock above, we identify shallow and alkaline and about 30 in (76 cm) in the east. Rain (DNR 1976, p. 168). The forest soils derived from limestone rock and usually comes in the form of brief topography is rough and highly an average rainfall of 34 in (86 cm) to tropical showers. The wettest and dissected by intermittent streams, with be physical or biological features for this hottest months are July to October. steep slopes ranging from 20 to 60 species. Hurricane season falls within these percent. The forest’s soil is primarily same months, with September being the comprised by Los Guineos complex Cover or Shelter most active for tropical storms. The (Silander et al. 1986, p. 179). Los Agave eggersiana USVI have been hit by four major Guineos soils were formed from hurricanes in recent years: Hugo (1989), residuum gathering from sandstone Agave eggersiana occurs in open Luis and Marilyn (1995), Lenny (1999), parental material and consist of very canopy and open understory habitats and Omar (2008) (Mac et al. 1998, p. deep, acidic, clayey, well-drained soils and thrives in areas of full sun exposure 316; Chakroff 2010, p. 7; http:// on side slopes of mountains (NRCS (O. Monsegur and M. Vargas, Service, www.srh.noaa.gov/sju/?n=mean_ 2013, p. 11). This type of soil occupies _ pers. obs. 2010 and 2013). The coastal annual precipitation2). The average more than 80 percent (5,860.1 ac shrublands typically show a low mid-island temperature is 78.8 °F (26 (2,371.5 ha)) of the Carite ° ° canopy, ranging from 3.2 to 16.4 ft (1 to C), with a variation of only 5 to 9 F Commonwealth Forest, at elevations 5 m) (Moser et al. 2010, Appendix A, p. (3 to 5 °C) between the warmest and from 1,900 ft (580 m) to 3,000 ft (900 m) 8–11; O. Monsegur and M. Vargas, coolest months (Mac et al. 1998, p. 316). from sea level (Silander et al. 1986, p. Service, pers. obs. 2013). In areas where This type of climate regime regulates the 179). native species remains dominant and dry forest structure conditions necessary Therefore, based on the information nonnatives have not occupied the for the establishment of the species. above, we identify mean annual understory, these coastal shrublands Soils substrates supporting Agave precipitation of 88.7 in (225.3 cm), provide suitable habitat for the natural eggersiana for anchoring or nutrient mean annual temperature of 72.3 °F recruitment of A. eggersiana. In absorption vary depending on the (22.7 °C), and Los Guineos type of soil addition, the bare rock of coastal cliffs habitat and location. The natural (i.e., very deep, acidic, clayey, well- populations of A. eggersiana grow on drained soils on side slopes of seems to provide an ecological niche for top of various soil classifications. mountains) to be physical or biological A. eggersiana. Once the species gets Cramer, Glynn, Hasselberg, Southgate, features for this species. established on cliff areas, it may become and Victory series are among the ones dominant as observed on the South where the species can be found. The Varronia rupicola Shore (Cane Garden) population. general description of the soils Like Agave eggersiana, Varronia Therefore, based on the information mentioned above are provided in the rupicola occurs within the subtropical above, we identify open cover habitats Status Assessment for A. eggersiana (see dry forest life zone (sensu Holdridge (e.g., open canopy or open understory) Habitat section of our proposed listing 1967). Moisture availability as a to be physical or biological features for rule, which is published elsewhere in function of shallow soils plus low this species.

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Gonocalyx concolor Cassine xylocarpa, Krugiodendron and ausubo forests support the normal Very little is known about habitat ferreum, Jacquinia berterii, Bourreria behavior, growth, and viability of G. parameters specifically relating to cover succulenta, Crossopetalum rhacoma, concolor during most of its life stages. or shelter for Gonocalyx concolor. In Antirhea acutata, and Amyris elemifera Therefore, based on the information remnants and late successional (Murphy and Lugo 1986, p. 91). The above, we identify the elfin and ausubo vegetation of elfin forest, the species is specie is also associated to a shrub layer forests to be physical or biological normally found growing as epiphytic dominated by Croton humilis, features for this species. and clambering on dead and live stand Eupatorium sinuatum, Lantana Varronia rupicola reticulata, and Turnera diffusa. trees, and crawling over the forest floor Varronia rupicola has been reported (C. Pacheco and O. Monsegur, Service, Therefore, based on the information above, we identify forested hills with flowering and fruiting in December to unpublished data, 2013). In the ausubo January (Breckon and Kolterman 1996, forest, this species has been described open to relatively dense shrubland forest dominated by native species to be p. 4), and in June–July (Monsegur and growing only as epiphytic and Breckon 2007, p. 1). production in clambering on dead and live stand trees physical or biological features for this species. the wild at the Gua´nica Commonwealth (O. Monsegur, unpublished data, 2006). Forest and in the Municipality of Ponce Both types of forest show a single Sites for Breeding, Reproduction, or seem to be high, and there is evidence canopy layer that seldom exceeds 22 ft Rearing (or Development) of Offspring of recruitment associated to the majority (7 m) in height. Therefore, based on the Agave eggersiana of the clusters of individuals (Monsegur, information above, we identify the USFWS, pers. obs. 2013). Under remnants and late successional Agave eggersiana dies after producing greenhouse conditions, vegetation of elfin and ausubo forests (monocarpic life cycle) and germination has been reported at no less with a single canopy layer of about 22 produces a large flowering scape than 67 percent (Wenger et al. 2010, p. ft (7 m) in height to be physical or (massive inflorescence; a group or 23). Germination in the wild has also biological features for this species. cluster of flowers arranged on a stem been observed to be high, particularly that is composed of a main branch or a Varronia rupicola on growing exposed to sunlight. complicated arrangement of branches) However, there seems to be a high This species has been recorded in (Rogers 2000, p. 218). After flowering, mortality (natural thinning) of seedlings, forested hills with open to relatively the panicles (inflorescence) produce and only a few individuals make the dense shrublands ranging between 6.5 numerous small vegetative bulbs transition to sapling stages (O. to 9.8 ft (2 to 3 m) in height; in low (bulbils) (Proctor and Acevedo- Monsegur, Service, pers. obs. 2013). forest with canopy from 8 to 15 ft (3 to Rodrı´guez 2005, p. 118). The small Furthermore, despite the showy red 5 m) high; and at the edge of a dense, vegetative bulbils will fall near the of V. rupicola, its dispersion low, coastal shrubland and forest. On parental agave and attach to the ground seems to be limited by gravity, as the the island of Anegada, the species is on the coastal cliffs and dry coastal majority of the seedlings lie under the located on open limestone pavement shrubland. Coastal cliffs, which include parent tree or downslope. The wide and sand dunes. Despite the species’ bare rock or sparse native vegetation, range of the species suggests a former preference for gaps, it remains create an environment where the animal disperser, probably a bird. associated to remnants of native forest. canopy is less than 1 meter in height, Material germinated in the Service In a recent study at Anegada, and allow the bulbils to compete for greenhouse at Cabo Rojo National Varronia rupicola was found in higher ground area. The dry coastal shrubland Wildlife Refuge flowered and produced abundance (based on percentage includes dry forest structures where the fruits about 1 year after planted (O. occurrence across plots) on limestone, open canopy and open understory Monsegur, Service, pers. obs. 2013). The but also widespread within the sand habitat also allows the bulbils to rapid development of the species as dunes (Clubbe et al. 2004, p. 344). This compete for ground area. These open reproductive individuals, and the kind of forest structure provides canopy or open understory structures finding of individuals along recently protection against environmental allow A. eggersiana good sun exposure disturbed sites (i.e., new dirt roads) and variation and stochastic events, where the species seems to thrive (for natural forest gaps, may indicate that allowing the species to recover without further discussion of these communities Varronia rupicola is an early colonizer compromising population numbers. The and their associated native plant (pioneer) species of dry coastal forest. species is associated to remnants of species, seethe Status Assessment for A. The above information highlights the native dry forest vegetation. At the eggersiana in the Habitat section of our importance of open to relatively low Gua´nica Commonwealth Forest, the proposed listing rule, published dense shrubland forest (scrub forest and most abundant species are Gymnanthes elsewhere in today’s Federal Register). deciduous forest or shrubland) lucida, Exostema caribaeum, Pisonia Therefore, based on the information dominated by native species for the self- albida, Pictetia aculeata, Thouinia above, we identify the vegetation recruitment of the species and portoricensis, Coccoloba krugii, and communities in the coastal cliffs and sustainability of the natural Pilosocereus royenii (Murphy and Lugo dry coastal shrublands where A. populations. As previously mentioned, 1986, p. 91). These species account for eggersiana occurs to be physical or moisture availability as a function of 50 percent of the importance value biological features for this species. shallow soils, plus low rainfall and its (abundance) within the forest and seasonality, are the factors suggested as characterize the Deciduous Forest and Gonocalyx concolor determining forest productivity, growth Scrub Forest vegetation described by The reproductive biology and ecology characteristics, water loss, and Murphy et al. (1995, p. 187). Other of Gonocalyx concolor have not been physiognomy. The diversity within the dominant species within the V. rupicola studied. We have no information dry coastal native forest of Puerto Rico habitat include Bursera simaruba, available beyond the habitat where the is explained by the wide diversity of Erithalis fruticosa, Guettarda krugii, species is found and its behavior in that habitats produced by the proximity of Tabebuia heterophylla, Hypelate habitat. However, as indicated above, it the limestone basement to the surface trifoliata, Coccoloba diversifolia, seems that the conditions of the elfin and the subsequent variation in soil

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depth. These unique native forests 1975 (back then, Department of Natural important to notice that Varronia provide the adequate and stable Resources; DNR 1976, p. 169). Before rupicola also occurs within privately environmental conditions for the 1975, the elfin forest area in Cerro La owned lands outside the Gua´nica reproduction and natural recruitment of Santa (Carite Commonwealth Forest) Commonwealth Forest, which makes it the species. was managed by the Commonwealth of vulnerable to habitat destruction. Therefore, based on the information Puerto Rico as a preferred site for the On Vieques Island, about 54 percent above, we identify open to relatively installation of telecommunication tower of the land is a National Wildlife Refuge dense shrubland forest (scrub forest and facilities for television and radio, and managed by the Service (Vieques NWR deciduous forest or shrubland) for military and governmental purposes. CCP & EIS 2007, p. 2). Some areas dominated by native species to be a These types of activities may have within the refuge harbor suitable habitat physical or biological feature for this caused disturbance to the habitat of G. for Varronia rupicola, providing species. concolor, because Cerro La Santa is one protection to the species’ habitat and of the two known locations of the probably to undetected populations Habitats Protected From Disturbance or species. Although the Carite Representative of the Historical, (Vieques NWR CCP & EIS 2007, p. 2). Commonwealth Forest is under local However, only three patches of dry Geographic, and Ecological government protection, the area of Cerro Distributions of the Species forest vegetation over limestone La Santa is still vulnerable to habitat substrate that harbor V. rupicola Agave eggersiana modification resulting from populations have been currently maintenance and potential expansion of There are reports from Britton and identified in the island of Vieques and existing telecommunication facilities. only two are located within the Vieques Wilson (1923, p. 156) that Agave Therefore, based on the information eggersiana occurred in the eastern dry NWR. The remaining third patch above, we identify the elfin and ausubo belongs to the Commonwealth of Puerto areas in St. Croix. This area harbors dry forests found within the Carite forest conditions and native vegetation Rico. These three natural areas are Commonwealth Forest to be physical or adjacent and represent the remnant of that provide suitable habitat for A. biological features for this species. eggersiana. Most of that eastern end is the prime habitat for the species in currently owned and managed for Varronia rupicola Vieques. conservation by the USVI Government The species has been historically Therefore, based on the information and The Nature Conservancy. The upper recorded from the geographical area above, we identify remnants of slopes and steep areas of eastern St. comprising the Gua´nica Commonwealth scrubland and shrubland forest that Croix provide essential dry forest Forest in southwestern Puerto Rico, and occurs within the subtropical dry forest habitat conditions for the reintroduction the area of the Vieques National life zone overlying limestone substrate and the recovery of the species. These Wildlife Refuge (NWR) in the island of to be physical or biological features for forest harbors xeric native vegetation Vieques, eastern Puerto Rico. The this species. and forest structure that provides Gua´nica Forest was designated as a Primary Constituent Elements shelter, space for growing and breeding, Commonwealth forest in 1917, by and food and water resources necessary Governor Arthur Yager, and has been Under the Act and its implementing for the species. However, we do not protected and managed since 1930 regulations, we are required to identify have current evidence that A. eggersiana (Lugo et al. 1996, p. 2; Murphy and the physical or biological features occurs in this area. Lugo 1990, p. 15). It is now the largest essential to the conservation of the three Since 2007, Agave eggersiana has Commonwealth-protected area over Caribbean plants in areas occupied at been introduced within U.S. National limestone substrate in Puerto Rico, with the time of listing, focusing on the Park Service (NPS) properties (i.e., Salt an estimated area of about 10,872 ac features’ primary constituent elements. River National Park and Ecological (4,400 ha) (Miguel Canals, DNER, pers. We consider primary constituent Preserve, and Buck Island Reef comm. 2009). The Gua´nica elements (PCEs) to be the elements of Monument) that are outside the known Commonwealth Forest is divided in two physical or biological features that historical range of the species. In main contiguous areas: The east section, provide for a species’ life-history addition, there is an intra-agency which includes the original forest area, processes and are essential to the agreement under the Service’s Coastal and the west section, added after 1950 conservation of the species. Program to restore habitat in the area (Lugo et al. 1996, p. 2). This forest is Based on our current knowledge of and plant native flora in Salt River considered one of the best examples of the physical or biological features and National Park and Ecological Preserve. a subtropical dry forest in the world habitat characteristics required to A. eggerisana is one of the plants used (Murphy and Lugo 1990, p. 15; Ewel sustain the species’ life-history as part of the native plant restoration and Whitmore 1973, p. 72). The Gua´nica processes, we determine the primary agreement. Commonwealth Forest harbors remnants constituent elements specific for each of Therefore, based on the information of native dry forest vegetation over the three plants below: above, we identify the dry forest limestone pavement, some of these conditions in the eastern side of St. considered as pristine forest. Since the Agave eggersiana Croix to be part of the physical or forest have been protected and managed (1) Areas consisting of coastal cliffs biological features for this species. for over 90 years, native vegetation has and dry coastal shrublands. recovered from previous deforestation (a) Coastal cliff habitat includes: Gonocalyx concolor for charcoal production. As a result of (i) Bare rock; and The elfin and the ausubo forest where this, the forest harbors populations of Gonocalyx concolor currently exists are several of the rarest plants endemic to (ii) Sparse vegetation. owned by the Commonwealth of Puerto the dry forest of Puerto Rico, and the (b) Dry coastal shrubland habitat Rico. This land has been managed for presence of stands of invasive includes: conservation by the Puerto Rico nonnatives remains associated to areas (i) Dry forest structure; and Department of Natural and previously inhabited and along roads (ii) A plant community of Environmental Resources (DNER) since within the forest. However, it is predominately native vegetation.

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(2) Well-drained soils from the series (d) A shrub layer dominated by Gonocalyx concolor Cramer, Glynn, Hasselberg, Southgate, Croton humilis, Eupatorium sinuatum, The primary threats to the PBFs that and Victory. Lantana reticulata, and Turnera diffusa. Gonocalyx concolor depends on (3) Habitat of sufficient area to sustain (3) The type locations described in include: (1) Habitat destruction and viable populations in the coastal cliffs PCEs (1) and (2), above, for this species modification by development of and dry coastal shrublands listed in should have shallow and alkaline soils telecommunication towers and PCEs (1) and (2), above. derived from limestone rock and an associated facilities on the mountain top Gonocalyx concolor average rainfall of 34 in (86 cm). of Cerro La Santa; (2) vegetation management; (3) hurricanes and tropical (1) Elfin forest at elevations over 2,900 Special Management Considerations or storms; (4) landslides; (5) invasive ft (880 m) in Cerro La Santa, Puerto Protection Rico, which includes: species; and (6) human-induced fire. (a) Forest with single canopy layer When designating critical habitat, we The majority of these threats can be with trees seldom exceeding 22 ft (7 m) assess whether the specific areas within addressed by special management in height. the geographic area occupied by the considerations or protection while (b) Associated native vegetation species at the time of listing contain others (e.g., hurricanes, landslides, and dominated by species such as Tabebuia features which are essential to the climate change) are beyond the control schumanniana, Tabebuia rigida, Ocotea conservation of the species and which of land owners and managers. spathulata, Eugenia borinquensis, may require special management Management activities that could Clusia minor, and Prestoea acuminata considerations or protection. ameliorate these threats include, but are not limited to, implementation of var. montana, native ferns, and dense Agave eggersiana and Varronia rupicola cover with epiphytes, including conservation measures with DNER to reduce threats to the species in the bromeliads and mosses. The primary threats to the PBFs that Carite Commonwealth Forest; (2) Ausubo forest at elevations Agave eggersiana and Varronia rupicola minimization of habitat disturbance, between 2,000 to 2,300 ft (620 to 720 m) depend on includes: (1) Habitat fragmentation, and destruction resulting in the Charco Azul, which includes: destruction and modification by from maintenance of telecommunication (a) Forest with single canopy layer development; (2) competition with facilities; prevention of fires; and with trees exceeding 22 ft (7 m) in nonnative plant species; (3) human- controlling invasive plant species. height. induced fire; and (4) hurricanes and The reduction of all these threats for (b) Plant association comprised by storm surge. The majority of these Agave eggersiana, Gonocalyx concolor, few species of native trees and threats can be addressed by special and Varronia rupicola will require the associated native vegetation (e.g., management considerations or implementation of special management Manilkara bidentata, Dacryodes excelsa, protection, while others (e.g., hurricanes actions within each of the critical Guarea guidonia, and Cyrilla and storm surges) are beyond the habitat areas identified in this proposed racemiflora), native ferns, and dense control of land owners and managers. cover with epiphytes, including rule. All proposed critical habitat bromeliads and mosses. Management activities that could requires active management to address (3) The type locations described in ameliorate these threats include, but are the ongoing threats listed above and PCEs (1) and (2), above, for this species not limited to, establishment of those presented in the discussions of should have mean annual precipitation permanent conservation easements or Factors A through E (see Summary of of 88.7 in (225.3 cm), mean annual land acquisition to protect the species Factors Affecting the Species section of temperature of 72.3 °F (22.7 °C), and Los and its habitat on private lands; our proposed listing rule, which is Guineos type of soil (i.e., very deep, establishment of conservation published elsewhere in today’s Federal acidic, clayey, well-drained soils on agreements on private, nongovernment, Register). side slopes of mountains). and government lands to protect the Special management considerations habitat; implementation of control of or protection for the features essential to Varronia rupicola invasive, nonnative plant species to the conservation of the species within (1) Remnants of native shrubland and reduce competition and prevent habitat each critical habitat area will depend on scrubland forest on limestone substrate degradation; implementation of the threats to the essential features in within the subtropical dry forest life management practices to control fires; that critical habitat area. Accordingly, zone. Dry shrubland and scrubland and creation or revision of management the description of each critical habitat forest includes: plans for the identification of the areas unit below will include a discussion of (a) Shrubland vegetation with canopy where current developments exist and the threats and the special management from 6.5 to 9.8 ft (2 to 3 m) high; to better guide the implementation of actions needed to address them. conservation measures for the species. (b) Limestone pavement; Criteria Used To Identify Critical (c) Associated native vegetation; and For Agave eggersiana, precautions are Habitat (d) A shrub layer dominated by needed to avoid inadvertent mowing Croton humilis, Eupatorium sinuatum, and cutting of the species in the course As required by section 4(b)(2) of the Lantana reticulata, and Turnera diffusa. of landscaping activities. In addition, for Act, we use the best scientific data (2) Semi-deciduous dry forest on both A. eggersiana and Varronia available to designate critical habitat. limestone substrate within the rupicola, development of residential Sources of data for the three Caribbean subtropical dry forest life zone. Dry and tourism projects should avoid species and their habitat include limestone semi-deciduous forest impacting these habitats directly or multiple databases maintained by includes: indirectly, and habitat fragmentation universities and by State and Federal (a) Low forest with canopy from 8 to should be limited as much as possible agencies from Puerto Rico and USVI, 15 ft (3 to 5 m) high; to maintain connectivity between reports on assessments and surveys (b) Limestone pavement; populations and to avoid habitat throughout the species’ range, and (c) Associated dry forest native degradation due to the colonization by assessments of current conditions of the vegetation; and nonnative, invasive plants. three Caribbean species and their

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habitat at known locations (e.g., concolor, are vulnerable to relatively Areas Occupied at the Time of Listing Monsegur and Vargas, Service, pers. minor environmental disturbances The proposed critical habitat obs. 2013; Dalmida-Smith, DPNR 2010, (Frankham 2005, pp. 135–136), and are designation focuses on occupied areas Moser et al. 2010). We review available subject to the loss of genetic diversity throughout the range of the three information pertaining to the habitat from genetic drift (Ellstrand and Elam Caribbean species that have the requirements of the species. In 1993, pp. 217–237; Leimu et al. 2006, necessary PCEs to allow for the accordance with the Act and its pp. 942–952; Honnay and Jacquemyn, maintenance and expansion of existing implementing regulations at 50 CFR 2007, p. 824). Plant populations with populations. 424.12(e), we consider whether lowered genetic diversity are more Agave eggersiana designating additional areas outside prone to local extinction (Barrett and those currently occupied, as well as Kohn 1991, pp. 4, 28). Smaller plant We identified seven populations of those that are currently occupied (i.e., populations generally have lower Agave eggersiana in St. Croix, five to the occupied at the time of listing), is genetic diversity, and lower genetic south and two to the north. Three of the necessary to ensure the conservation of diversity may in turn lead to even five populations in the south are found the species. smaller populations by decreasing the in proximate locations, as explained We are proposing to designate critical further. One proximate location species’ ability to adapt, thereby habitat in areas within the geographical includes South Shore, Cane Garden, and increasing the probability of population area currently occupied by the three Vagthus Point, which are all located extinction (Newman and Pilson 1997, p. Caribbean plants (i.e., occupied at the along the same beach, and for the time of proposed listing). All of these 360; Palstra and Ruzzante 2008, purpose of this document we will units are proposed for designation based pp. 3428–3447). Because of the dangers discuss these populations as one on sufficient elements of physical and associated with small populations or location (hereafter Cane Garden) biological features being present to limited distributions, the recovery of allowing area for the expansion of the support known life-history processes of many rare plant species includes the populations. Manchenil Bay, Great the species. We have defined occupied creation of new sites or reintroductions Pond, and Protestant Cay will be critical habitat as areas where the three to ameliorate these effects. When discussed as the other three locations. Caribbean plants are currently found proposing or designating critical habitat, Gallows Bay is not proposed as critical and that have the PCEs mentioned we consider future recovery efforts and habitat, even though it is occupied by above at the time of listing. We used conservation of the species. the species, because the area lacks the information from site visits to the The habitat of these species must be identified PCEs. There is no habitat species’ habitats conducted by Service conserved to fulfill their recovery. available for either the establishment of biologists, herbarium specimens, Furthermore, it is important to ensure other individuals or the expansion of personal communications with the species, because it is located within researchers, and reports prepared by there are enough individuals of the species to secure their survival into the a condominium project. This existing agencies and researchers to identify the population is of one individual hanging future as well as to ensure the habitat specific locations occupied by the three on a cliff/hillside, and when it is time (with all associated plant communities) species. We plotted all occurrence to reproduce, all the bulbils will fall to records of the three Caribbean plants on is adequate for the species. At present, the road (asphalted road) and the bulbils maps in geographic information system there are only approximately 300 known will not be able to continue their as points and polygons. Then, we used adult individuals of Agave eggersiana, growth. There is no suitable habitat in U.S. Geological Survey (USGS) 31 individuals of Gonocalyx concolor, this area aside from where the plant is topographic maps, aerial photographs, 75 individuals of Varronia rupicola, and currently located. and U.S. Forest Service (USFS)— only few areas where the three species International Institute of Tropical have been documented. Although at this Gonocalyx concolor Forestry (IITF) land cover layers to moment we do not know how many We identified two units that harbor delineate the critical habitat units. individuals would suffice to safeguard the only three populations known of Critical habitat units were then mapped these species, having limited Gonocalyx concolor: Two populations at using ArcMap version 10 populations in limited areas is Cerro La Santa and another population (Environmental Systems Research detrimental to the species, and even at Charco Azul, both in the Carite Institute, Inc.), a Geographic more detrimental if threats are not Commonwealth Forest. At Cerro La Information Systems (GIS) program. ameliorated. Santa, the species is found at elevations We are also proposing to designate between 2,890 to 2,950 ft (880 to 900 m) specific areas outside the geographical Determination of Critical Habitat Units from sea level, associated to remnants of area occupied by Agave eggersiana at elfin forest vegetation and to late We are proposing four areas that are the time of listing (areas reported as successional vegetation. The species currently occupied and two areas that historical) and Varronia rupicola, shows a limited distribution in its are currently unoccupied, but on which because the current amount of habitat habitat, occupying only 0.75 ac (0.3 ha) that is occupied is not sufficient for the the species have been historically at Cerro La Santa (Pacheco and recovery of the species; hence, we have reported as critical habitat, for Agave Monsegur, USFWS, unpublished data, determined that such areas are essential eggersiana; two occupied areas for 2013) and approximately 0.12 ac (0.05 for their conservation. The justification Gonocalyx concolor; and five occupied ha) at Charco Azul (O. Monsegur, for why unoccupied habitat is essential areas and two unoccupied areas for unpublished data, 2006). to the conservation of these species, and Varronia rupicola. We believe the the methodology used to identify the proposed areas are essential to ensure Varronia rupicola best unoccupied areas for consideration the protection of habitat over a wide We identified five natural areas of inclusion, is set forth below. geographic area and to help ensure that currently occupied by Varronia rupicola Small populations and plant species catastrophic events, such as hurricanes, (Montalva, Gua´nica Commonwealth with limited distributions, like those of fires, and diseases, will not affect all Forest, Montes de Barina, Pen˜ on de Agave eggersiana and Gonocalyx populations simultaneously. Ponce, and Puerto Ferro). The species

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has been consistently reported from all of the PCEs. Hence, we consider the areas such as buildings and pavement, these areas during the last decade, and areas as essential for the conservation of and other structures because such lands all areas harbor remnants of native A. eggersiana. lack the physical or biological features forest characterized by a high plant for the three Caribbean species. The Varronia rupicola diversity and endemism. All of these scale of the maps we prepared under the areas harbor remnants of native We propose the designation of two parameters for publication within the shrubland/scrubland forest vegetation areas that are not currently occupied by Code of Federal Regulations may not and semi-deciduous dry forest on the species. These two areas are known reflect the exclusion of such developed limestone substrate, showing a unique as Punta Negra and Cerro Playuela on lands. Any such lands inadvertently left forest structure that is not present the Island of Vieques and lie adjacent to inside critical habitat boundaries shown elsewhere in Puerto Rico and that an area currently occupied by the on the maps of this proposed rule have represent the habitat that contains the species (Puerto Ferro), forming a been excluded by text in the proposed features necessary for the conservation continuous habitat that provides an rule and are not proposed for of the species. ecological niche for the species. They designation as critical habitat. Areas Outside of the Geographic Range contain the dry coastal shrubland Therefore, if the critical habitat is at the Time of Listing habitat PCEs and PBFs, including finalized as proposed, a Federal action substrates, and associated native plants involving these lands would not trigger For us to propose for designation and forest structure. We consider these section 7 consultation with respect to areas not occupied by the three three contiguous peninsulas (Punta critical habitat and the requirement of Caribbean species at the time of listing, Negra, Cerro Playuela, and Puerto Ferro) no adverse modification unless the we must demonstrate that these areas as a single ecological unit, which are specific action would affect the physical are essential to the conservation of the separated by two narrow water or biological features in the adjacent species. We are proposing to designate channels. The channels are not critical habitat. critical habitat outside of the geographic representative of a barrier for dispersion The critical habitat designation is range at the time of listing for Agave or expansion of the species. eggersiana and Varronia rupicola. defined by the map or maps, as Furthermore, these forested areas modified by any accompanying Agave eggersiana provide shelter for potential pollinators regulatory text, presented at the end of The east end of St. Croix is within the and dispersers of Varronia rupicola. this document in the rule portion. We historical range of Agave eggersiana This kind of habitat does not occur include more detailed information on (Britton and Wilson 1923, p. 156), but elsewhere in Vieques, as most of the the boundaries of the critical habitat it is not within the geographic range Island was deforested for agricultural designation in the preamble of this currently occupied by the species. To practices, and further degraded by document. We will make the determine if this area is essential for the military practices. Therefore, Punta coordinates or plot points or both on conservation Agave eggersiana, we Negra and Cerro Playuela provide which each map is based available to considered: (1) The importance of the suitable habitat conditions for natural the public on http:// site to the overall status of the species recruitment of V. rupicola and for the www.regulations.gov at Docket No. to prevent extinction and to contribute expansion of its populations. It is very FWS–R4–ES–2013–0040, on our to future recovery of A. eggersiana; (2) likely that V. rupicola also occurs Internet site at http://www.fws.gov/ whether the areas contain the PCEs and within Punta Negra and Cerro Playuela, caribbean/es, and at the field office PBFs; (3) whether the area could be and that ecological interactions and responsible for the designation (see FOR restored to contain the necessary habitat genetic flow between these areas and FURTHER INFORMATION CONTACT, above). to support A. eggersiana; and (4) Puerto Ferro is occurring. The loss of whether a population of the species this forest may compromise Proposed Critical Habitat Designation could be reestablished in that the conservation of the genetic stock Agave eggersiana unoccupied area. represented in that population. Hence, The easternmost area of St. Croix we consider Punta Negra and Cerro We are proposing to designate 50.6 ac encompasses conservation areas Playuela to be essential for the (20.5 ha) in six units as critical habitat managed by the USVI Government and conservation of the genetic diversity of for Agave eggersiana. The critical The Nature Conservancy. In this area, the species. habitat units described below constitute we are proposing to designate two units For Agave eggersiana and Varronia our best current assessment of areas that (East End North and East End South). rupicola, the current amount of habitat meet the definition of critical habitat for These areas may allow for important that is occupied is not sufficient for the this species. The six units we propose population expansion of Agave recovery of the species; therefore, we as critical habitat are: (1) Cane Garden, eggersiana. Furthermore, this area of determined it essential to include (2) Manchenil, (3) Great Pond, (4) land is a secluded location that would additional unoccupied habitat units in Protestant Cay, (5) East End South, and safeguard the species in the event of a this proposed critical habitat (6) East End North. Table 1 shows the catastrophic event such as a hurricane, designation. proposed critical habitat units, land or a threat such as a disease or pest (e.g., When determining proposed critical ownership, and approximate extent of agave snout weevil (Scyphophorus habitat boundaries, we made every the proposed critical habitat for A. acupunctatus)). These areas also contain effort to avoid including developed eggersiana.

TABLE 1—AGAVE EGGERSIANA PROPOSED CRITICAL HABITAT UNITS

Occupied at Unit time of listing? Land ownership Hectares Acres

1. Cane Garden ...... Yes ...... Private ...... 2.8 6.9 2. Manchenil ...... Yes ...... Private ...... 0 .61 1.5 3. Great Pond ...... Yes ...... Government ...... 0.32 0 .8

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TABLE 1—AGAVE EGGERSIANA PROPOSED CRITICAL HABITAT UNITS—Continued

Occupied at Unit time of listing? Land ownership Hectares Acres

4. Protestant Cay ...... Yes ...... Government, but leased to private ...... 0 .16 0.4 5. East End South ...... No ...... Private ...... 7.7 19 6. East End North ...... No ...... Government ...... 8.9 22

Total ...... 20 .5 50 .6 Note: Area sizes may not sum due to rounding.

Below, we present brief descriptions (2 m) south of Road 62 and east of the conservation of the species because it of all units and reasons why these units entrance of East End Marine Park contains the PCEs and because its meet the definition of critical habitat for offices. It is within the geographical area designation would safeguard other Agave eggersiana. occupied at the time of listing. This unit established populations in case of any contains all the PCEs. The PCEs in this Unit 1: Cane Garden stochastic event that occurs within unit may require special considerations habitats currently occupied by the Unit 1 consists of 6.9 ac (2.8 ha) of to address threats of fire, nonnative species. privately owned lands located at Estate plant species, and habitat modification Cane Garden and Estate Peters Mindle, (i.e., landscaping). Unit 6: East End North Christiansted, St. Croix, USVI. This unit is located in the south-central portion of Unit 4: Protestant Cay Unit 6 consists of 22 ac (8.9 ha) of the island, approximately 0.17 mi (0.27 Unit 4 consists of 0.4 ac (0.16 ha) of government-owned land located at km) south of Road 62 and government-owned lands that are leased Estate Cotton Garden, Christiansted, St. approximately 0.2 mi (0.3 km) northeast to a private party and are located at Croix, USVI. This unit is located north of Vagthus Point, along the northeast Protestant Cay, St. Croix, USVI. The Cay of the eastern end portion of the island, coast of Canegarden Bay and south of a is located approximately 0.33 km (0.20 approximately 0.86 mi (1.4 km) private trail. It is within the mi) north of Christiansted town. The northwest of Point Udall, north of Road geographical area occupied at the time unit is located on the northeast side of 82 along the eastern coast of Cotton of listing. This unit contains all the the Cay. It is within the geographical Garden Bay and western coast of Boiler PCEs. The PCEs in this unit may require area occupied at the time of listing. This Bay. This unit is not occupied at the special considerations to address threats unit contains all the PCEs. The PCEs in time of listing. However, it is part of the of nonnative plant species, effects of this unit may require special historical range of the species. This unit hurricanes (i.e., storm surge and considerations to address threats of is essential for the conservation of the erosion), and habitat modification (e.g., nonnative plant species, effects of species because it contains the PCEs and trails expansion). hurricanes (i.e., storm surge and because its designation would safeguard erosion), and habitat modification (i.e., other established populations in case of Unit 2: Manchenil hotel landscaping and maintenance). any stochastic event that occurs within Unit 2 consists of 1.5 ac (0.61 ha) of The Protestant Cay unit is also habitats currently occupied by the privately owned lands located at Estate currently designated as critical habitat species. Granard, Christiansted, St. Croix, USVI. for the St. Croix ground lizard (Ameiva This unit is located in the south-central polops) (42 FR 47840, September 22, Gonocalyx concolor portion of the island, approximately 1977). 0.50 mi (0.82 km) south of Road 62 and We are proposing to designate approximately 0.02 mi (0.03 km) east of Unit 5: East End South approximately198 ac (80.1 ha) in two South Shore Road, along the northeast Unit 5 consists of 19 ac (7.7 ha) of units as critical habitat for the coast of Manchenil Bay. It is within the located at Estate Jack’s Bay and Estate Gonocalyx concolor. The critical habitat geographical area occupied at the time Isaac’s Bay, Christiansted, St. Croix, units described below constitute our of listing. This unit contains all the USVI. This unit is located south of the best current assessment of areas that PCEs. The PCEs in this unit may require eastern end portion of the island, meet the definition of critical habitat for special considerations to address threats approximately 0.93 mi (1.5 km) this species. The two units we propose of fires, nonnative plant species, effects southwest of Point Udall, approximately as critical habitat are: (1) Cerro La Santa; of hurricanes (i.e., storm surge), and 0.02 mi (0.04 km) east of Point Road, and (2) Charco Azul. Both units fall habitat modification. along the north coast of Jack’s Bay, and within the Carite Commonwealth south of a Jack’s and Issac’s Bay Forest, land owned by the Unit 3: Great Pond Preserve trail. It is owned by The Nature Commonwealth of Puerto Rico and Unit 3 consists of 0.8 ac (0.32 ha) of Conservancy and managed as managed for conservation by the Puerto government-owned land located at conservation land. This unit is not Rico DNER. Table 2 shows the proposed Estate Great Pond, Christiansted, St. occupied at the time of listing. However, critical habitat units, land ownership, Croix, USVI. This unit is located in the it is part of the historical range of the and approximate extent of the proposed south of the island, approximately 6.5 ft species. This unit is essential for the critical habitat for G. concolor.

TABLE 2—GONOCALYX CONCOLOR PROPOSED CRITICAL HABITAT UNITS

Occupied at Unit time of listing? Land ownership Hectares Acres

1. Cerro La Santa ...... Yes ...... Commonwealth of Puerto Rico ...... 7.6 18 .8

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TABLE 2—GONOCALYX CONCOLOR PROPOSED CRITICAL HABITAT UNITS—Continued

Occupied at Unit time of listing? Land ownership Hectares Acres

2. Charco Azul ...... Yes ...... Commonwealth of Puerto Rico ...... 72 .5 179 .2

Total ...... 80 .1 198 Note: Area sizes may not sum due to rounding.

Below, we present brief descriptions resulting from maintenance and induced fires, invasive species, and of all units and reasons why these units potential expansion of existing degradation of forest quality. meet the definition of critical habitat for telecommunication facilities, human- Gonocalyx. concolor. induced fires, invasive species, and Varronia rupicola degradation of forest quality. Unit 1: Cerro La Santa We are proposing to designate 6,547 Unit 1 consists of 18.8 ac (7.6 ha) of Unit 2: Charco Azul ac (2,648 ha) in seven units as critical elfin forest located on exposed peaks Unit 2 consists of 179.2 ac (72.5 ha) habitat for Varronia rupicola. The and ridges of Cerro La Santa, above of ausubo forest located along the Rio critical habitats described below 2,890 ft (880 m) in elevation from sea Grande de Patillas River basin between constitute our best current assessment of level. This unit is located in the Sierra 2,030 ft (620 m) and 2,330 ft (720 m) in areas that meet the definition of critical de Cayey on Road PR 184, Km 27.1 in elevation from sea level. This unit is habitat for this species. The seven units Espino Ward, between the approximately 2.0 mi (3.2 km) southeast are: (1) Montalva, (2) Gua´nica Municipalities of Cayey and San of Unit 1. This unit is within the Commonwealth Forest, (3) Montes de Lorenzo. This unit is within the geographical area occupied by the Barina, (4) Pen˜ on de Ponce, (5) Punta geographical area occupied by the species at the time of listing. This unit Negra, (6) Puerto Ferro, and (7) Cerro species at the time of listing. This unit contains all PCEs. The PCEs in this unit Playuela. Table 3 shows the proposed contains all PCEs. The PCEs in this unit may require special considerations and critical habitat units, land ownership, may require special considerations to protection to address threats of habitat and approximate extent of the proposed address threats of habitat modification modification resulting from human- critical habitat for V. rupicola.

TABLE 3—VARRONIA RUPICOLA PROPOSED CRITICAL HABITAT UNITS

Occupied at Unit time of listing? Land ownership Hectares Acres

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

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

Below, we present brief descriptions the dry coastal shrubland habitat’s PCEs the east section of the Gua´nica of all units and reasons why these units and PBFs, including suitable climate, Commonwealth Forest. The forested meet the definition of critical habitat for substrates, and associated native plants habitat in this unit was minimally Varronia rupicola. and forest structure. Despite its impacted by other land use practices conservation status the habitat has been like charcoal production and ranching Unit 1: Montalva affected by human-induced fires and due to its marginal agricultural value; Unit 1 consists of 992 ac (401 ha) of maintenance of access roads and rights- hence, it has maintained its unique Commonwealth-owned lands located at of-way. The PCEs in this unit may features. It is within the geographical Montalva Ward in the Municipality of require special considerations to area occupied by the species at the time Gua´nica, Puerto Rico. This unit is address threats of nonnative plant of listing and contains the dry coastal located just south of State Highway PR species, human-induced fires, shrubland habitat’s PCEs and PBFs, 324 and the Town of Gua´nica, and hurricanes, and habitat modification including suitable climate, substrates, includes Cerro Montalva. It is within the (e.g., urban development). and associated native plants and forest geographical area occupied by the Unit 2: Gua´nica Commonwealth Forest structure. Despite its conservation species at the time of listing. Due to the status, the habitat has been affected by marginal agricultural value, these forests Unit 2 consists of 584 ac (236 ha) of human-induced fires and maintenance were minimally impacted by other land Commonwealth-owned lands located of access roads and rights-of-way. The use practices (e.g., charcoal production within Carenero, Barina, and Boca PCEs in this unit may require special and ranching). Therefore, the prime and Wards in the municipalities of Gua´nica, considerations to address threats of essential habitat for the species has Yauco, and Guayanilla, Puerto Rico. nonnative plant species, human- maintained its unique features, such as This unit is located within the core of induced fires, hurricanes, and habitat

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modification (e.g., urban development minimally impacted by other land use Unit 7: Cerro Playuela and right-of-way maintenance). practices like charcoal production and Unit 7 is a small peninsula that ranching due to its marginal agricultural Unit 3: Montes de Barina consists of 123 ac (50 ha) of federally value; hence, it has maintained its owned lands managed by the Service as Unit 3 consists of 2,002 ac (810 ha) of unique features. It is adjacent to an area the Vieques NWR, and is located within privately owned lands primarily located currently occupied by the species (Unit Puerto Ferro Ward on the island of along Indios Ward in the municipality 6), forming a continuous habitat and Vieques, Puerto Rico. This unit is of Guayanilla. A small section of this contains the dry coastal shrubland located about 0.5 km (0.31 mi) south of unit falls within the Cambalache Ward habitat’s PCEs and PBFs, including the former airport of Campamento in Yauco, Puerto Rico. This unit is suitable climate, substrates, and Garcı´a (Vieques NWR). The forested located just south of State Highway PR associated native plants and forest habitat in this unit was minimally 2. The forested habitat in this unit was structure. However, there is no specific impacted by other land use practices minimally impacted by other land use record of the species within this unit. like charcoal production and ranching practices like charcoal production and We consider Units 5, 6, and 7 to be a due to its marginal agricultural value; ranching due to its marginal agricultural single ecological unit. The species is hence, it has maintained its unique value; hence, it has maintained its expected to occur within this area and features. It is adjacent to an area unique features. The unit is within the ecological interactions and genetic flow currently occupied by the species (Unit geographical area occupied by the between this area and Unit 6 may be 6), forming a continuous habitat, and species at the time of listing and essential for the recovery of the species. contains the dry coastal shrubland contains the dry coastal shrubland It was not included as a single unit with habitat’s PCEs and PBFs, including habitat’s PCEs and PBFs, including Units 6 and 7 because these peninsulas suitable climate, substrates, and suitable climate, substrates, and are united by a narrow forest associated native plants and forest associated native plants and forest that does not provide habitat for the structure. However, there is no specific structure. The PCEs in this unit may species. The PCEs in this unit may record of the species within this unit. require special considerations to require special considerations to We consider Units 5, 6, and 7 to be a address threats of nonnative plant address threats of nonnative plant single ecological unit. The species is species, human-induced fires, species, human-induced fires, and expected to occur within this area and hurricanes, and habitat modification hurricanes. ecological interactions and genetic flow (e.g., urban development). Unit 6: Puerto Ferro between this area and Unit 6 may be ˜ essential for the recovery of the species. Unit 4: Penon de Ponce Unit 6 is a small peninsula that It was not included as a single unit with Unit 4 consists of 2,174 ac (880 ha) of consists of 381 ac (154 ha) of federally Units 5 and 6 because these peninsulas privately owned lands located along owned lands managed by the Service as are united by a narrow mangrove forest Encarnacio´n and Canas Wards in the the Vieques NWR, and is located within that does not provide habitat for the municipalities of Pen˜ uelas and Ponce, the Puerto Ferro Ward on the island of species. The PCEs in this unit may Puerto Rico. This unit is located just Vieques, Puerto Rico. This unit is require special considerations to north of State Highway PR 2 in the area located about 4 km (2.5 mi) east of the address threats of nonnative plant known as Punta Cucharas. The forested town of Esperanza. It is located just species, human-induced fires, and habitat in this unit was minimally between Unit 5 and Unit 7, forming a impacted by other land use practices continuous habitat and contains the dry hurricanes. like charcoal production and ranching coastal shrubland habitat’s PCEs and Effects of Critical Habitat Designation due to its marginal agricultural value; PBFs, and therefore we consider Units Section 7 Consultation hence, it has maintained its unique 5, 6, and 7 to be a single ecological unit. features. It is within the geographical The forested habitat in this unit was Section 7(a)(2) of the Act requires area occupied by the species at the time minimally impacted by other land use Federal agencies, including the Service, of listing and contains the dry coastal practices like charcoal production and to ensure that any action they fund, shrubland habitat’s PCEs and PBFs, ranching due to its marginal agricultural authorize, or carry out is not likely to including suitable climate, substrates, value; hence, it has maintained its jeopardize the continued existence of and associated native plants and forest unique features. It is within the any endangered species or threatened structure. The PCEs in this unit may geographical area occupied by the species or result in the destruction or require special considerations to species at the time of listing and adverse modification of designated address threats of nonnative plant contains the dry coastal shrubland’s critical habitat of such species. In species, human-induced fires, habitat PCEs and PBFs, including addition, section 7(a)(4) of the Act hurricanes, and habitat modification suitable climate, substrates, and requires Federal agencies to confer with (e.g., urban development). associated native plants and forest the Service on any agency action which structure. The species occurs within this is likely to jeopardize the continued Unit 5: Punta Negra area and ecological interactions and existence of any species proposed to be Unit 5 is a small peninsula that genetic flow between this area and the listed under the Act or result in the consists of 291 ac (117 ha) of adjacent habitat (Unit 5 and Unit 7) may destruction or adverse modification of Commonwealth-owned lands located be essential for the recovery of the proposed critical habitat. within Puerto Ferro Ward on the island species. It was not included as a single Decisions by the 5th and 9th Circuit of Vieques, Puerto Rico. This unit is unit with Units 5 and 7 because these Courts of Appeals have invalidated our located about 1.5 mi (2.5 km) east of the peninsulas are united by a narrow regulatory definition of ‘‘destruction or town of Esperanza and west of Puerto mangrove forest that does not provide adverse modification’’ (50 CFR 402.02) Ferro, Vieques National Wildlife Refuge habitat for the species. The PCEs in this (see Gifford Pinchot Task Force v. U.S. (NWR). This natural area is managed by unit may require special considerations Fish and Wildlife Service, 378 F.3d 1059 the Puerto Rico DNER as part of the to address threats of nonnative plant (9th Cir. 2004) and Sierra Club v. U.S. Puerto Mosquito Natural Reserve. The species, human-induced fires, and Fish and Wildlife Service et al., 245 F.3d forested habitat in this unit was hurricanes. 434 (5th Cir. 2001)), and we do not rely

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on this regulatory definition when (4) Would, in the Director’s opinion, (1) Actions that would appreciably analyzing whether an action is likely to avoid the likelihood of jeopardizing the degrade or destroy the physical or destroy or adversely modify critical continued existence of the listed species biological features for the species. Such habitat. Under the provisions of the Act, and/or avoid the likelihood of activities could include, but are not we determine destruction or adverse destroying or adversely modifying limited to, clearing or cutting native live modification on the basis of whether, critical habitat. trees and shrubs (e.g., bulldozing, with implementation of the proposed Reasonable and prudent alternatives vegetation pruning, construction, road Federal action, the affected critical can vary from slight project building, maintenance of rights-of-way habitat would continue to serve its modifications to extensive redesign or for powerlines, and herbicide intended conservation role for the relocation of the project. Costs application). These activities could pose species. associated with implementing a a risk of take by fire to the survival of If a Federal action may affect a listed reasonable and prudent alternative are Agave eggersiana, Gonocalyx concolor, species or its critical habitat, the similarly variable. and Varronia rupicola. responsible Federal agency (action Regulations at 50 CFR 402.16 require (2) Actions that would introduce or agency) must enter into consultation Federal agencies to reinitiate encourage the spread of nonnative plant with us. Examples of actions that are consultation on previously reviewed species that would significantly alter subject to the section 7 consultation actions in instances where we have vegetation structure. Such activities may process are actions on State, tribal, listed a new species or subsequently include, but are not limited to, local, or private lands that require a designated critical habitat that may be residential and commercial Federal permit (such as a permit from affected and the Federal agency has development and road construction. the U.S. Army Corps of Engineers under retained discretionary involvement or These activities can affect the growth, section 404 of the Clean Water Act (33 control over the action (or the agency’s reproduction, and survival of Agave U.S.C. 1251 et seq.) or a permit from the discretionary involvement or control is eggersiana, Gonocalyx concolor, and Service under section 10 of the Act) or authorized by law). Consequently, Varronia rupicola. that involve some other Federal action Federal agencies sometimes may need to (3) Actions that would significantly (such as funding from the Federal request reinitiation of consultation with alter the structure and function of the Highway Administration, Federal us on actions for which formal elfin forest or the ausubo forest within Aviation Administration, or the Federal consultation has been completed, if the Carite Commonwealth Forest. Emergency Management Agency). those actions with discretionary Removal of vegetation could alter or Federal actions not affecting listed involvement or control may affect eliminate the microclimate (e.g., change species or critical habitat, and actions subsequently listed species or in temperature and humidity levels) and on State, tribal, local, or private lands designated critical habitat. may allow invasion of competitor that are not federally funded or species and thereby negatively affect the authorized, do not require section 7 Application of the ‘‘Adverse habitat necessary for all life stages of the consultation. Modification’’ Standard Gonocalyx concolor. As a result of section 7 consultation, The key factor related to the adverse Exemptions we document compliance with the modification determination is whether, requirements of section 7(a)(2) through with implementation of the proposed Application of Section 4(a)(3) of the Act our issuance of: Federal action, the affected critical (1) A concurrence letter for Federal The Sikes Act Improvement Act of habitat would continue to serve its actions that may affect, but are not 1997 (Sikes Act) (16 U.S.C. 670a) intended conservation role for the likely to adversely affect, listed species required each military installation that species. Activities that may destroy or or critical habitat; or includes land and water suitable for the (2) A biological opinion for Federal adversely modify critical habitat are conservation and management of actions that may affect and are likely to those that alter the physical or natural resources to complete an adversely affect listed species or critical biological features to an extent that integrated natural resources habitat. appreciably reduces the conservation management plan (INRMP) by When we issue a biological opinion value of critical habitat for Agave November 17, 2001. An INRMP concluding that a project is likely to eggersiana, Gonocalyx concolor, and integrates implementation of the jeopardize the continued existence of a Varronia rupicola. As discussed above, military mission of the installation with listed species and/or destroy or the role of critical habitat is to support stewardship of the natural resources adversely modify critical habitat, we life-history needs of the species and found on the base. Each INRMP provide reasonable and prudent provide for the conservation of the includes: alternatives to the project, if any are species. (1) An assessment of the ecological identifiable, that would avoid the Section 4(b)(8) of the Act requires us needs on the installation, including the likelihood of jeopardy and/or to briefly evaluate and describe, in any need to provide for the conservation of destruction or adverse modification of proposed or final regulation that listed species; critical habitat. We define ‘‘reasonable designates critical habitat, activities (2) A statement of goals and priorities; and prudent alternatives’’ (at 50 CFR involving a Federal action that may (3) A detailed description of 402.02) as alternative actions identified destroy or adversely modify such management actions to be implemented during consultation that: habitat, or that may be affected by such to provide for these ecological needs; (1) Can be implemented in a manner designation. and consistent with the intended purpose of Activities that may affect critical (4) A monitoring and adaptive the action, habitat, when carried out, funded, or management plan. (2) Can be implemented consistent authorized by a Federal agency, should Among other things, each INRMP with the scope of the Federal agency’s result in consultation for Agave must, to the extent appropriate and legal authority and jurisdiction, eggersiana, Gonocalyx concolor, and applicable, provide for fish and wildlife (3) Are economically and Varronia rupicola. These activities management; fish and wildlife habitat technologically feasible, and include, but are not limited to: enhancement or modification; wetland

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protection, enhancement, and Secretary may exercise her discretion to government relationship of the United restoration where necessary to support exclude the area only if such exclusion States with tribal entities. We also fish and wildlife; and enforcement of would not result in the extinction of the consider any social impacts that might applicable natural resource laws. species. occur because of the designation. The National Defense Authorization In preparing this proposal, we have Economic Impacts Act for Fiscal Year 2004 (Pub. L. 108– determined that there are currently no 136) amended the Act to limit areas Under section 4(b)(2) of the Act, we HCPs or other management plans for eligible for designation as critical consider the economic impacts of Agave eggersiana, Gonocalyx concolor, habitat. Specifically, section 4(a)(3)(B)(i) specifying any particular area as critical or Varronia rupicola. The proposed of the Act (16 U.S.C. 1533(a)(3)(B)(i)) habitat. In order to consider economic designation does not include any tribal now provides: ‘‘The Secretary shall not impacts, we are preparing an analysis of lands or trust resources. We anticipate designate as critical habitat any lands or the economic impacts of the proposed no impact on tribal lands, partnerships, other geographic areas owned or critical habitat designation and related or HCPs from this proposed critical controlled by the Department of factors. habitat designation. Accordingly, the Defense, or designated for its use, that We will announce the availability of Secretary does not intend to exercise his are subject to an integrated natural the draft economic analysis as soon as discretion to exclude any areas from the resources management plan prepared it is completed, at which time we will final designation based on other under section 101 of the Sikes Act (16 seek public review and comment. At relevant impacts. U.S.C. 670a), if the Secretary determines that time, copies of the draft economic Peer Review in writing that such plan provides a analysis will be available for benefit to the species for which critical downloading from the Internet at the In accordance with our joint policy on habitat is proposed for designation.’’ Federal eRulemaking Portal at http:// peer review published in the Federal There are no Department of Defense www.regulations.gov under Docket No. Register on July 1, 1994 (59 FR 34270), lands within the proposed critical FWS–R4–ES–2013–0040, or by we will seek the expert opinions of at habitat designation for Agave contacting the Caribbean Ecological least three appropriate and independent eggersiana, Gonocalyx concolor, or Services Field Office directly (see FOR specialists regarding this proposed rule. Varronia rupicola. FURTHER INFORMATION CONTACT). During The purpose of peer review is to ensure the development of a final designation, that our critical habitat designations are Exclusions we will consider economic impacts based on scientifically sound data, Application of Section 4(b)(2) of the Act based on information in our economic assumptions, and analyses. We have analysis, public comments, and other invited these peer reviewers to comment Section 4(b)(2) of the Act states that new information, and areas may be the Secretary shall designate and make during this public comment period. excluded from the final critical habitat We will consider all comments and revisions to critical habitat on the basis designation under section 4(b)(2) of the of the best available scientific data after information we receive during this Act and our implementing regulations at comment period on this proposed rule taking into consideration the economic 50 CFR 424.19. impact, national security impact, and during our preparation of a final any other relevant impact of specifying National Security Impacts determination. Accordingly, the final determination may differ from this any particular area as critical habitat. Under section 4(b)(2) of the Act, we proposal. The Secretary may exclude an area from consider whether there are lands where critical habitat if he determines that the a national security impact might exist. Public Hearings benefits of such exclusion outweigh the As discussed above, we have Section 4(b)(5) of the Act provides for benefits of specifying such area as part determined that the lands within the one or more public hearings on this of the critical habitat, unless he proposed designation of critical habitat proposal, if requested. Requests must be determines, based on the best scientific for Agave eggersiana, Gonocalyx received within 45 days after the date of data available, that the failure to concolor, and Varronia rupicola are not publication of this proposed rule in the designate such area as critical habitat owned or managed by the Department of Federal Register. Such requests must be will result in the extinction of the Defense, and, therefore, we anticipate sent to the address shown in the FOR species. In making that determination, no impact on national security. FURTHER INFORMATION CONTACT section. the statute on its face, as well as the Consequently, the Secretary is not legislative history, are clear that the We will schedule public hearings on intending to exercise her discretion to this proposal, if any are requested, and Secretary has broad discretion regarding exclude any areas from the final which factor(s) to use and how much announce the dates, times, and places of designation based on impacts on those hearings, as well as how to obtain weight to give to any factor. national security. Under section 4(b)(2) of the Act, we reasonable accommodations, in the may exclude an area from designated Other Relevant Impacts Federal Register and local newspapers critical habitat based on economic Under section 4(b)(2) of the Act, we at least 15 days before the hearing. impacts, impacts on national security, consider any other relevant impacts, in Required Determinations or any other relevant impacts. In addition to economic impacts and considering whether to exclude a impacts on national security. We Regulatory Planning and Review— particular area from the designation, we consider a number of factors, including Executive Orders 12866 and 13563 identify the benefits of including the whether the landowners have developed Executive Order 12866 provides that area in the designation, identify the any HCPs or other management plans the Office of Information and Regulatory benefits of excluding the area from the for the area, or whether there are Affairs will review all significant rules. designation, and evaluate whether the conservation partnerships that would be The Office of Information and benefits of exclusion outweigh the encouraged by designation of, or Regulatory Affairs has determined that benefits of inclusion. If the analysis exclusion from, critical habitat. In this rule is not significant. indicates that the benefits of exclusion addition, we look at any tribal issues, Executive Order 13563 reaffirms the outweigh the benefits of inclusion, the and consider the government-to- principles of Executive Order 12866

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while calling for improvements in the business less than $7 million. To Energy Supply, Distribution, or Use— nation’s regulatory system to promote determine whether small entities may Executive Order 13211 predictability, to reduce uncertainty, be affected, we will consider the types Executive Order 13211 (Actions and to use the best, most innovative, of activities that might trigger regulatory Concerning Regulations That and least burdensome tools for impacts under this designation as well Significantly Affect Energy Supply, achieving regulatory ends. The as types of project modifications that Distribution, or Use) requires agencies executive order directs agencies to may result. In general, the term to prepare Statements of Energy Effects consider regulatory approaches that ‘‘significant economic impact’’ is meant when undertaking certain actions. reduce burdens and maintain flexibility to apply to a typical small business Within one of the units, vegetation and freedom of choice for the public firm’s business operations. maintenance will occur along the edges where these approaches are relevant, Importantly, the incremental impacts of an existing road that remains feasible, and consistent with regulatory of a rule must be both significant and accessible for power line maintenance. objectives. Executive Order 13563 substantial to prevent certification of the We do not anticipate any effects to emphasizes further that regulations rule under the RFA and to require the critical habitat from this activity. must be based on the best available preparation of an initial regulatory Therefore, we do not expect the science and that the rulemaking process flexibility analysis. If a substantial designation of this proposed critical must allow for public participation and number of small entities are affected by habitat to significantly affect energy an open exchange of ideas. We have the proposed critical habitat supplies, distribution, or use. Thus, this developed this rule in a manner designation, but the per-entity economic action is not a significant energy action, consistent with these requirements. impact is not significant, the Service and no Statement of Energy Effects is Regulatory Flexibility Act (5 U.S.C. 601 may certify. Likewise, if the per-entity required. However, we will further et seq.) economic impact is likely to be evaluate this issue as we conduct our significant, but the number of affected Under the Regulatory Flexibility Act economic analysis, and review and entities is not substantial, the Service (RFA; 5 U.S.C. 601 et seq.) as amended revise this assessment as warranted. may also certify. by the Small Business Regulatory Under the RFA, as amended, and Unfunded Mandates Reform Act (2 Enforcement Fairness Act (SBREFA) of U.S.C. 1501 et seq.) 1996 (5 U.S.C. 801 et seq.), whenever an following recent court decisions, agency must publish a notice of Federal agencies are only required to In accordance with the Unfunded rulemaking for any proposed or final evaluate the potential incremental Mandates Reform Act (2 U.S.C. 1501 et rule, it must prepare and make available impacts of rulemaking on those entities seq.), we make the following findings: for public comment a regulatory directly regulated by the rulemaking (1) This proposed rule would not flexibility analysis that describes the itself, and not the potential impacts to produce a Federal mandate. In general, effects of the rule on small entities indirectly affected entities. The a Federal mandate is a provision in (small businesses, small organizations, regulatory mechanism through which legislation, statute, or regulation that and small government jurisdictions). critical habitat protections are realized would impose an enforceable duty upon However, no regulatory flexibility is section 7 of the Act, which requires State, local, or tribal governments, or the analysis is required if the head of the Federal agencies, in consultation with private sector, and includes both agency certifies the rule will not have a the Service, to ensure that any action ‘‘Federal intergovernmental mandates’’ significant economic impact on a authorized, funded, or carried by the and ‘‘Federal private sector mandates.’’ substantial number of small entities. agency is not likely to adversely modify These terms are defined in 2 U.S.C. The SBREFA amended the RFA to critical habitat. Therefore, only Federal 658(5)–(7). ‘‘Federal intergovernmental require Federal agencies to provide a action agencies are directly subject to mandate’’ includes a regulation that certification statement of the factual the specific regulatory requirement ‘‘would impose an enforceable duty basis for certifying that the rule will not (avoiding destruction and adverse upon State, local, or tribal governments’’ have a significant economic impact on modification) imposed by critical with two exceptions. It excludes ‘‘a a substantial number of small entities. habitat designation. Under these condition of Federal assistance.’’ It also According to the Small Business circumstances, it is our position that excludes ‘‘a duty arising from Administration, small entities include only Federal action agencies would be participation in a voluntary Federal small organizations such as directly regulated by this designation. program,’’ unless the regulation ‘‘relates independent nonprofit organizations; Therefore, because Federal agencies are to a then-existing Federal program small governmental jurisdictions, not small entities, the Service certifies under which $500,000,000 or more is including school boards and city and that the proposed critical habitat rule provided annually to State, local, and town governments that serve fewer than will not have a significant economic tribal governments under entitlement 50,000 residents; and small businesses impact on a substantial number of small authority,’’ if the provision would (13 CFR 121.201). Small businesses entities. ‘‘increase the stringency of conditions of include such businesses as In conclusion, based on our assistance’’ or ‘‘place caps upon, or manufacturing and mining concerns interpretation of directly regulated otherwise decrease, the Federal with fewer than 500 employees, entities under the RFA and relevant case Government’s responsibility to provide wholesale trade entities with fewer than law, this designation of critical habitat funding,’’ and the State, local, or tribal 100 employees, retail and service will only directly regulate Federal governments ‘‘lack authority’’ to adjust businesses with less than $5 million in agencies, which are not by definition accordingly. At the time of enactment, annual sales, general and heavy small business entities. As such, we these entitlement programs were: construction businesses with less than certify that, if promulgated, this Medicaid; Aid to Families with $27.5 million in annual business, designation of critical habitat will not Dependent Children work programs; special trade contractors doing less than have a significant economic impact on Child Nutrition; Food Stamps; Social $11.5 million in annual business, and a substantial number of small business Services Block Grants; Vocational forestry and logging operations with entities. Therefore, an initial regulatory Rehabilitation State Grants; Foster Care, fewer than 500 employees and annual flexibility analysis is not required. Adoption Assistance, and Independent

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Living; Family Support Welfare does not have significant Federalism Paperwork Reduction Act of 1995 Services; and Child Support effects. A federalism impact summary (44 U.S.C. 3501 et seq.) Enforcement. ‘‘Federal private sector statement is not required. In keeping This rule does not contain any new mandate’’ includes a regulation that with Department of the Interior and collections of information that require ‘‘would impose an enforceable duty Department of Commerce policy, we approval by OMB under the Paperwork upon the private sector, except (i) a requested information from, and Reduction Act of 1995 (44 U.S.C. 3501 condition of Federal assistance or (ii) a coordinated development of, this et seq.). This rule will not impose duty arising from participation in a proposed critical habitat designation recordkeeping or reporting requirements voluntary Federal program.’’ with appropriate State resource agencies on State or local governments, The designation of critical habitat in St. Croix, USVI, and Puerto Rico. The individuals, businesses, or does not impose a legally binding duty designation of critical habitat in areas organizations. An agency may not on non-Federal Government entities or currently occupied by the Agave conduct or sponsor, and a person is not private parties. Under the Act, the only eggersiana, Gonocalyx concolor, and required to respond to, a collection of regulatory effect is that Federal agencies Varronia rupicola imposes no information unless it displays a must ensure that their actions do not additional restrictions to those currently currently valid OMB control number. destroy or adversely modify critical in place and, therefore, has little habitat under section 7. While non- incremental impact on State and local National Environmental Policy Act Federal entities that receive Federal governments and their activities. The (42 U.S.C. 4321 et seq.) funding, assistance, or permits, or that designation may have some benefit to It is our position that, outside the otherwise require approval or these governments because the areas jurisdiction of the U.S. Court of Appeals authorization from a Federal agency for that contain the physical or biological for the Tenth Circuit, we do not need to an action, may be indirectly impacted features essential to the conservation of prepare environmental analyses by the designation of critical habitat, the the species are more clearly defined, pursuant to the National Environmental legally binding duty to avoid and the elements of the features of the Policy Act in connection with destruction or adverse modification of habitat necessary to the conservation of designating critical habitat under the critical habitat rests squarely on the the species are specifically identified. Endangered Species Act. We published Federal agency. Furthermore, to the This information does not alter where a notice outlining our reasons for this extent that non-Federal entities are and what federally sponsored activities determination in the Federal Register indirectly impacted because they may occur. However, it may assist local on October 25, 1983 (48 FR 49244). This receive Federal assistance or participate governments in long-range planning position was upheld by the U.S. Court in a voluntary Federal aid program, the (rather than having them wait for case- of Appeals for the Ninth Circuit Unfunded Mandates Reform Act would by-case section 7 consultations to (Douglas County v. Babbitt, 48 F.3d not apply, nor would critical habitat occur). 1495 (9th Cir. 1995), cert. denied 516 shift the costs of the large entitlement Where State and local governments U.S. 1042 (1996)). programs listed above onto State require approval or authorization from a governments. Federal agency for actions that may Government-to-Government (2) We lack the available economic affect critical habitat, consultation Relationship With Tribes information to determine if a Small under section 7(a)(2) would be required. In accordance with the President’s Government Agency Plan is required. While non-Federal entities that receive memorandum of April 29, 1994 Therefore, we defer this finding until Federal funding, assistance, or permits, (Government-to-Government Relations completion of the draft economic or that otherwise require approval or with Native American Tribal analysis is prepared under section authorization from a Federal agency for Governments; 59 FR 22951), Executive 4(b)(2) of the Act. an action, may be indirectly impacted Order 13175 (Consultation and by the designation of critical habitat, the Coordination with Indian Tribal Takings—Executive Order 12630 legally binding duty to avoid Governments), and the Department of In accordance with Executive Order destruction or adverse modification of the Interior’s manual at 512 DM 2, we 12630 (Government Actions and critical habitat rests squarely on the readily acknowledge our responsibility Interference with Constitutionally Federal agency. to communicate meaningfully with Protected Private Property Rights), we Civil Justice Reform—Executive Order recognized Federal Tribes on a will analyze the potential takings 12988 government-to-government basis. In implications of designating critical accordance with Secretarial Order 3206 habitat for Agave eggersiana, Gonocalyx In accordance with Executive Order of June 5, 1997 (American Indian Tribal concolor, and Varronia rupicola in a 12988 (Civil Justice Reform), the Office Rights, Federal-Tribal Trust takings implications assessment. The of the Solicitor has determined that this Responsibilities, and the Endangered draft economic analysis will provide the rule does not unduly burden the judicial Species Act), we readily acknowledge foundation for us to use in preparing a system and that it meets the our responsibilities to work directly takings implication assessment. Critical requirements of sections 3(a) and 3(b)(2) with tribes in developing programs for habitat designation does not affect of the Order. We are proposing to healthy ecosystems, to acknowledge that landowner actions that do not require designate critical habitat in accordance tribal lands are not subject to the same Federal funding or permits, nor does it with the provisions of the Act. To assist controls as Federal public lands, to preclude development of habitat the public in understanding the habitat remain sensitive to Indian culture, and conservation programs or issuance of needs of the species, the rule identifies to make information available to tribes. incidental take permits to permit actions the elements of physical or biological As discussed above, there are no tribal that do require Federal funding or features essential to the conservation of lands in Puerto Rico or St. Croix, USVI. permits to go forward. the species. The areas of proposed critical habitat are presented on maps, Clarity of the Rule Federalism—Executive Order 13132 and the rule provides several options for We are required by Executive Orders In accordance with Executive Order the interested public to obtain more 12866 and 12988 and by the 13132 (Federalism), this proposed rule detailed location information, if desired. Presidential Memorandum of June 1,

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1998, to write all rules in plain Proposed Regulation Promulgation (1) Dry forest structure; and language. This means that each rule we Accordingly, we propose to amend (2) A plant community of publish must: part 17, subchapter B of chapter I, title predominately native vegetation. (1) Be logically organized; 50 of the Code of Federal Regulations, (ii) Well-drained soils from the series (2) Use the active voice to address as set forth below: Cramer, Glynn, Hasselberg, Southgate, readers directly; and Victory. (3) Use clear language rather than PART 17—[AMENDED] (iii) Habitat of sufficient area to jargon; ■ 1. The authority citation for part 17 sustain viable populations in the coastal (4) Be divided into short sections and continues to read as follows: cliffs and dry coastal shrublands sentences; and described in paragraphs (2)(i)(A) and (5) Use lists and tables wherever Authority: 16 U.S.C. 1361–1407; 1531– 1544; 4201–4245, unless otherwise noted. (2)(i)(B) of this entry. possible. ■ 2. In § 17.96, amend paragraph (a) as (3) Critical habitat does not include If you feel that we have not met these follows: manmade structures (such as bridges, requirements, send us comments by one ■ a. By adding entries for Family docks, aqueducts, and paved areas) and ADDRESSES of the methods listed in the Agavaceae, Family , and the land on which they are located section. To better help us revise the Family Ericaceae, in alphabetical order; existing within the legal boundaries on rule, your comments should be as ■ b. By adding an entry for Agave the effective date of this rule. specific as possible. For example, you eggersiana in alphabetical order under should tell us the numbers of the (4) Critical habitat map units. Data Family Agavaceae; layers defining map units were created sections or paragraphs that are unclearly ■ c. By adding an entry for Gonocalyx on a base of an aerial image (USCOE) written, which sections or sentences are concolor in alphabetical order under and USFS–IITF Landcover GAP raster. too long, the sections where you feel Family Ericaceae; and lists or tables would be useful, etc. ■ d. By adding an entry for Varronia Critical habitat units were then mapped using Universal Transverse Mercator References Cited rupicola in alphabetical order under Family Boraginaceae. (UTM) North American Datum (NAD) A complete list of references cited in The additions read as follows: 1983 Zone 20 N coordinates. The maps this rulemaking is available on the in this entry, as modified by any Internet at http://www.regulations.gov § 17.96 Critical habitat—plants. accompanying regulatory text, establish under Docket No. FWS–R4–ES–2013– (a) Flowering plants. the boundaries of the critical habitat designation. The coordinates or plot 0040 and upon request from the Family Agavaceae: Agave eggersiana Caribbean Ecological Services Field points or both on which each map is (1) Critical habitat units are depicted Office (see FOR FURTHER INFORMATION based are available to the public at the for St. Croix, USVI, on the maps in this CONTACT). Service’s Internet site at http:// entry. www.fws.gov/caribbean/es, at http:// Authors (2) Within these areas, the primary www.regulations.gov at Docket No. constituent elements of the physical or FWS–R4–ES–2013–0040, and at the The primary authors of this proposed biological features essential to the rule are the staff members of the field office responsible for this conservation of Agave eggersiana designation. You may obtain field office Caribbean Ecological Services Field consist of these components: Office. location information by contacting one (i) Areas consisting of coastal cliffs of the Service regional offices, the List of Subjects in 50 CFR Part 17 and dry coastal shrublands. addresses of which are listed at 50 CFR (A) Coastal cliff habitat includes: Endangered and threatened species, (1) Bare rock; and 2.2. Exports, Imports, Reporting and (2) Sparse vegetation. (5) Index map of critical habitat units recordkeeping requirements, (B) Dry coastal shrubland habitat for Agave eggersiana follows: Transportation. includes: BILLING CODE 4310–55–P

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Index Map of All Critical Habitat Units for Agave eggersiana

Caribbean Sea

Unit 6. East End North

Unit 5. East End South

Unit 3. Great Pond

Unit 2. Manchenil

Unit 1. Cane Garden

~~ Mayor Roads N - Coastline A

0 0.75 1.5 3 4.5 Miles

St. Croix, USVI Kilometers 0-- 2 4 6

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(6) Unit 1: Cane Garden, Estate Christiansted, St. Croix, USVI. Map of Canegarden and Estate Peters Mindle, Unit 1 follows:

Map for Unit 1 Cane Garden Critical Habitat for Agave eggersiana

Canegarden Bay

Halfpenney Bay

Caribbean Sea

-'--, Mayor Roads N - Roads A -Coastline Cntical Habitat

St. Croix, USVI __-=:::JI_':=:=:=::J ___ Kilometers o 0,1 0.2 0.4 0,6

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(7) Unit 2: Manchenil, Estate Granard, Christiansted, St. Croix, USVI. Map of Unit 2 follows:

Map for Unit 2 Manchenil Critical Habitat for Agave eggersiana

Ha!fpenney Bay

Maru::henil Bay

caribbean Sea

.'--" Mayor Roads N - Roads A -Coastline Critical Habitat

o__ IIII:::::I_III::==::::J0.05 OJ 0.2 ___ 0.3 Miles

51. Croix, U5VI __-=::::1_':====::::1 ___ Kilometers o 0.1 0.2 0.4 0.6

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(8) Unit 3: Great Pond, Estate Great Pond, Christiansted, St. Croix, USVI. Map of Unit 3 follows:

Map for Unit 3 Great Pond Critical Habitat for Agave eggersiana

Great Pond Bay

~-~ Mayor Roads N -- Roads A - Coastline Critical Habitat a 0.03 0.06 0.12 0.18 _-==--======-___ Miles

St. Croix, USVI __-==-_-======- ___ Kilometers o 0.040.08 0.16 0_24

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(9) Unit 4: Protestant Cay, Protestant Cay, St. Croix, USVI. Map of Unit 4 follows:

Map for Unit 4 Protestant Cay Critical Habitat for Agave eggersiana

Caribbean Sea

N - Roads -Coastline A Critical Habitat

a 0.03 0.06 0.12 0.18 _":::::'IIl::==== ____ Miles

St. Croix, US"I _-==--======-___ Kilometers o 0.0450.09 0.18 0.27

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(10) Unit 5: East End South, Estate Christiansted, St. Croix, USVI. Map of Jack’s Bay and Estate Issac’s Bay, Units 5 and 6 follows:

Map Unit 5 End South and Unit 6 Critical Habitat for Agave 9a1'JerSI

caribbean Sea

Boiler Bay Cottongarden Bay

Issac Bay

~ Roads N -Roads -Coastline A Critical Habitat o 0.1 0.2 0.4 0.6 _c::.-======-___ Miles St. Croix, USVI o 0.15 0.3 0.6

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

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(ii) Semi-deciduous dry forest on rock and an average rainfall of 34 in (86 accompanying regulatory text, establish limestone substrate within the cm). the boundaries of the critical habitat subtropical dry forest life zone. Dry (3) Critical habitat does not include designation. The coordinates or plot limestone semi-deciduous forest manmade structures (such as houses, points or both on which each map is includes: bridges, aqueducts, and paved areas) based are available to the public at the (A) Low forest with canopy from 8 to and the land on which they are located Service’s Internet site, http:// 15 ft (3 to 5 m) high; existing within the legal boundaries on www.fws.gov/caribbean/es, at http:// (B) Limestone pavement; the effective date of this rule. www.regulations.gov at Docket No. (C) Associated dry forest native (4) Critical habitat map units. Data FWS–R4–ES–2013–0040, and at the vegetation; and layers defining map units were created field office responsible for this (D) A shrub layer dominated by on a base of an aerial image (ESRI image designation. You may obtain field office Croton humilis, Eupatorium sinuatum, Basemap) and USFS–IITF Landcover location information by contacting one Lantana reticulata, and Turnera diffusa. GAP raster. Critical habitat units were of the Service regional offices, the (iii) The type locations described then mapped using the Geographic addresses of which are listed at 50 CFR paragraphs (2)(i) and (2)(ii) of this entry Coordinate System-World Geodetic 2.2. for this species should have shallow and System (WGS) 1984 datum. The maps in (5) Index map of critical habitat units alkaline soils derived from limestone this entry, as modified by any for Varronia rupicola follows:

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(6) Unit 1: Montalva, municipality of Gua´nica, Puerto Rico. Map of Units 1, 2, 3, and 4 follows:

Map of Critical Habitat Units for Varronia rupicola in southern Puerto Rico

N Caribbean Sea A

Legend

~ Main Roads --Municipal Boundaries ... --Coastline Montalva (U nit 1) Guanica forest (Unit 2) o 1.25 2.5 7.5 10 __-=:JI_-==- __-====- ___Kjjometers [] Montes de Barin. (Unit 3) Puerto RICO Pe Ron de Ponce (U nit 4) 4,900 9,800 19,600 29,400 39200 __-==-_-==- ___-==== ____ FeBt

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(7) Unit 2: Gua´nica Commonwealth Puerto Rico. Map of Unit 3 is provided (10) Unit 5: Punta Negra, municipality Forest, municipalities of Gua´nica and at paragraph (6) of this entry. of Vieques, Puerto Rico. Map of Units 5, Yauco, Puerto Rico. Map of Unit 2 is (9) Unit 4: Pen˜ on de Ponce, 6, and 7 follows: provided at paragraph (6) of this entry. municipalities of Pen˜ uelas and Ponce, (8) Unit 3: Montes de Barina, Puerto Rico. Map of Unit 4 is provided municipalities of Yauco and Guayanilla, at paragraph (6) of this entry.

(11) Unit 6: Puerto Ferro, (B) Associated native vegetation °F (22.7 °C), and Los Guineos type of municipality of Vieques, Puerto Rico. dominated by species such as Tabebuia soil (i.e., very deep, acidic, clayey, well- Map of Unit 6 is provided at paragraph schumanniana, Tabebuia rigida, Ocotea drained soils on side slopes of (10) of this entry. spathulata, Eugenia borinquensis, mountains). (12) Unit 7: Cerro Playuela, Clusia minor, and Prestoea acuminata (3) Critical habitat does not include municipality of Vieques, Puerto Rico. var. montana, native ferns, and dense manmade structures (such as bridges, Map of Unit 7 is provided at paragraph cover with epiphytes, including docks, and aqueducts) and the land on (10) of this entry. bromeliads and mosses. which they are located existing within the legal boundaries on the effective * * * * * (ii) Ausubo forest at elevations between 2,000 to 2,300 ft (620 to 720 m) date of this rule. Family Ericaceae: Gonocalyx concolor in the Charco Azul, which includes: (4) Critical habitat map units. Data (A) Forest with single canopy layer layers defining map units were created (1) Critical habitat units are depicted with trees exceeding 22 ft (7 m) in on a base of U.S. Geological Survey for the municipalities of Cayey, San height. digital ortho-photo quarter-quadrangles, Lorenzo, and Patillas, Commonwealth of (B) Plant association comprised by and critical habitat units were then Puerto Rico, on the maps in this entry. few species of native trees and mapped using aerial photos (ArcGis) to (2) Within these areas, the primary associated native vegetation (e.g., limits of the boundaries of the elfin constituent elements of the physical or Manilkara bidentata, Dacryodes excelsa, forest and ausubo forest. Critical habitat biological features essential to the Guarea guidonia, and Cyrilla units were then mapped using ArcMap conservation of Gonocalyx concolor racemiflora), native ferns, and dense version 10 (Environmental Systems consist of these components: cover with epiphytes, including Research Institute, Inc.), a Geographic (i) Elfin forest at elevations over 2,900 bromeliads and mosses. Information Systems program. The maps ft (880 m) in Cerro La Santa, Puerto (iii) The type locations described in in this entry, as modified by any Rico, which includes: paragraphs (2)(i) and (2)(ii) of this entry accompanying regulatory text, establish (A) Forest with single canopy layer for this species should have mean the boundaries of the critical habitat with trees seldom exceeding 22 ft (7 m) annual precipitation of 88.7 in (225.3 designation. The coordinates or plot in height. cm), mean annual temperature of 72.3 points or both on which each map is

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based are available to the public at the field office responsible for this addresses of which are listed at 50 CFR Service’s Internet site at http:// designation. You may obtain field office 2.2. www.fws.gov/caribbean/es, at http:// location information by contacting one (5) Index map of critical habitat units www.regulations.gov at Docket No. of the Service regional offices, the for Gonocalyx concolor follows: FWS–R4–ES–2013–0040, and at the

Index Map of An Critical Habitat Units for Gonocalyx concolor at the Carite Commonwealth Forest, Puerto Rico

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legend ."'; ... Gonocalyx con color L::0RiCO '9 Critical Habitat G ~ Paved roads Unpaved roads

Kilometers Boundary oftha 0 0.2 0.4 0.8 1.2 1.6 Carite Commonwealth Forest -- Miles 0-- 0125 0.25 0.5 075 1 Topography contour line (meters)

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(6) Unit 1: Cerro La Santa, Carite Commonwealth Forest, Puerto Rico. Map of Unit 1 follows:

Map for Unit 1 Cerro La Santa Critical Habitat for Gonocalyx concolor W4iEN s

800

Legend Gonocalyx concolor Puerto Rico Critical Habitat Paved roads

UnpaVed roads

Boundary oUlle CariteCommonwealth Forest __-=::::J __ = ___-=====- ____ Miles o 0.035 0.07 0.14 021 028 Topography contour line (meters)

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(7) Unit 2: Charco Azul, Carite Commonwealth Forest, Puerto Rico. Map of Unit 2 follows:

Map for Unit 2 Charco Azul Critical Habitat for Gonocalyx concolor

N A w... y .... E

Carite Commonwealth Forest

Legend Gonocalyx con color Puerto Rico Critical Habitat Paved roads

Unpaved roads

Kilometers Boundary of the 0-- 0 .. 125 0.25 0.5 0.75 1 Carite Commonwealth Forest Miles 0-- 0.015 0.15 0.3 0.45 0.6 Topography contour line (meters)

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* * * * * Processing, Attn: FWS–R4–ES–2013– existing regulatory mechanisms; or (E) Dated: September 9, 2013. 0103; Division of Policy and Directives other natural or manmade factors Rachel Jacobson, Management; U.S. Fish and Wildlife affecting its continued existence. Service; 4401 N. Fairfax Drive, MS Principal Deputy Assistant Secretary for Fish We have determined that listing is Wildlife and Parks. 2042–PDM; Arlington, VA 22203. warranted for these species, which are We request that you send comments currently at risk throughout all of their [FR Doc. 2013–24169 Filed 10–3–13; 8:45 am] only by the methods described above. respective ranges due to threats related BILLING CODE 4310–55–C We will post all comments on http:// to: www.regulations.gov. This generally • A. eggersiana—potential future DEPARTMENT OF THE INTERIOR means that we will post any personal development for residential, urban, and information you provide us (see the tourist use; agriculture use; dropping of Fish and Wildlife Service Information Requested section below for debris; competing nonnative plants; more information). fires; predation; and disease cause by 50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: insects (weevils). • [Docket No. FWS–R4–ES–2013–0103; Marelisa Rivera, Deputy Field G. concolor—installation or 4500030113] Supervisor, U.S. Fish and Wildlife expansion of telecommunication towers, Service, Caribbean Ecological Services road improvement, vegetation RIN 1018–AZ10 Field Office, P.O. Box 491, Road 301 management, and small number of ´ individuals and populations. Endangered and Threatened Wildlife Km. 5.1, Boqueron, PR 00622; by • V. rupicola—loss of habitat due to and Plants; Endangered Status for telephone 787–851–7297; or by urban development, right-of-way Agave eggersiana and Gonocalyx facsimile 787–851–7440. Persons who development and maintenance, concolor, and Threatened Status for use a telecommunications device for the deforestation, and hurricanes; and Varronia rupicola deaf (TDD) may call the Federal Information Relay Service (FIRS) at inadequate existing regulatory AGENCY: Fish and Wildlife Service, 800–877–8339. mechanisms (lack of enforcement). Interior. SUPPLEMENTARY INFORMATION: We will seek peer review. We are ACTION: Proposed rule. seeking comments from knowledgeable Executive Summary individuals with scientific expertise to SUMMARY: We, the U.S. Fish and Why we need to publish a rule. Under review our analysis of the best available Wildlife Service (Service), propose to the Act, if we intend to list a species as science and application of that science list Agave eggersiana (no common endangered or threatened throughout all and to provide any additional name) and Gonocalyx concolor (no or a significant portion of its range, we information to improve this proposed common name) as endangered species, are required to promptly publish a rule. Because we will consider all and Varronia rupicola (no common proposal in the Federal Register and comments and information we receive name) as a threatened species under the make a final determination on our during the comment period, our final Endangered Species Act of 1973, as proposal within 1 year. Listing a species determinations may differ from this amended (Act). These three plants are as an endangered or threatened species proposal. endemic to the Caribbean. The effect of can only be completed by issuing a rule. Information Requested this regulation, if finalized, would be to Agave eggersiana, Gonocalyx concolor, conserve A. eggersiana, G. concolor, and and Varronia rupicola are candidate We intend that any final action V. rupicola under the Act. species for which we have on file resulting from this proposed rule will be DATES: We will accept comments sufficient information on biological based on the best scientific and received or postmarked on or before vulnerability and threats to support commercial data available and be as December 23, 2013. Comments preparation of a listing proposal, but for accurate and as effective as possible. submitted electronically using the which development of a listing proposal Therefore, we request comments or Federal eRulemaking Portal (see has until now been precluded by other information from other concerned ADDRESSES section, below) must be higher priority listing activities. governmental agencies, Native received by 11:59 p.m. Eastern Time on This rule consists of a proposed rule American tribes, the scientific the closing date. We must receive to list Agave eggersiana and Gonocalyx community, industry, or any other requests for public hearings, in writing, concolor as endangered, and Varronia interested parties concerning this at the address shown in FOR FURTHER rupicola as threatened. This proposed proposed rule. We particularly seek INFORMATION CONTACT by December 6, rule reassesses all available information comments concerning: 2013. regarding the status of and threats to A. (1) The biology, range, and population ADDRESSES: You may submit comments eggersiana, G. concolor, and V. rupicola. trends of A. eggersiana, G. concolor, and by one of the following methods: Elsewhere in today’s Federal Register, V. rupicola, including: (1) Electronically: Go to the Federal we propose to designate critical habitat (a) Habitat requirements for feeding, eRulemaking Portal: http:// for A. eggersiana, G. concolor, and V. reproducing, and sheltering; www.regulations.gov. In the Search box, rupicola under the Act. (b) Genetics and ; enter FWS–R4–ES–2013–0103, which is The basis for our action. Under the (c) Historical and current range, the docket number for this rulemaking. Act, we may determine that a species is including distribution patterns; Then, in the Search panel on the left an endangered or threatened species (d) Historical and current population side of the screen, under the Document based on any of five factors: (A) The levels, and current and projected trends; Type heading, click on the Proposed present or threatened destruction, and Rules link to locate this document. You modification, or curtailment of its (e) Past and ongoing conservation may submit a comment by clicking on habitat or range; (B) overutilization for measures for these species, their habitat, ‘‘Comment Now!’’ commercial, recreational, scientific, or or both. (2) By hard copy: Submit by U.S. mail educational purposes; (C) disease or (2) The factors that are the basis for or hand-delivery to: Public Comments predation; (D) the inadequacy of making a listing determination for these

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