62560 Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Proposed Rules

* * * * * 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 ; more information). fires; predation; and disease cause by 50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: (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, 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 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 (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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species under section 4(a) of the Act, Comments and materials we receive, resolving that case, signed April 27, which are: as well as supporting documentation we 2005, we agreed to submit our 12-month (a) The present or threatened used in preparing this proposed rule, finding for A. eggersiana to the Federal destruction, modification, or will be available for public inspection Register by February 28, 2006. On curtailment of their habitat or range; on http://www.regulations.gov, or by March 7, 2006, we published our 12- (b) Overutilization for commercial, appointment, during normal business month finding (71 FR 11367) that listing recreational, scientific, or educational hours, at the U.S. Fish and Wildlife of A. eggersiana was not warranted. On purposes; Service, Caribbean Ecological Services September 9, 2008, CBD filed a (c) Disease or predation; Field Office (see FOR FURTHER complaint that challenged our 12-month (d) The inadequacy of existing INFORMATION CONTACT). finding (Center for Biological Diversity v. Hamilton, Case No. 1:08–cv–02830– regulatory mechanisms; or Previous Federal Actions (e) Other natural or manmade factors CAP). In a settlement agreement affecting their continued existence. Through February 1996 approved by the Court on August 21, 2009, the Service agreed to submit to the (3) Biological, commercial trade, or On December 15, 1980, Agave Federal Register a new 12-month other relevant data concerning any eggersiana, Gonocalyx concolor, and finding for A. eggersiana. On September threats (or lack thereof) to these species Varronia rupicola (as rupicola) 22, 2010, we published in the Federal and existing regulations that may be were identified as Category 2 candidate Register (75 FR 57720) a finding that addressing those threats. species in the candidate notice of listing A. eggersiana was warranted, but (4) Additional information concerning review (CNOR) published in the Federal the historical and current status, range, precluded by higher priority actions to Register (45 FR 82480). A Category 2 amend the Lists of Endangered and distribution, and population size of species was one for which the Service these species, including the locations of Threatened Wildlife and Plants. had information that proposing as Agave eggersiana was named a any additional populations of these endangered or threatened may be species. candidate species with a listing priority appropriate but for which sufficient number (LPN) of 8 in the CNORs (5) Any information on the biological information was not currently available published on November 10, 2010 (75 FR or ecological requirements of the species to support a proposed rule. None of the 69222), October 26, 2011 (76 FR 66370), and ongoing conservation measures for three species was mentioned in the and November 21, 2012 (77 FR 69993). the species and their habitats. November 28, 1983, CNOR (48 FR An LPN of 8 was assigned to Agave Please include sufficient information 53640), but all three again were named eggersiana because the species faced with your submission (such as scientific as Category 2 candidate species in the threats of moderate magnitude that were journal articles or other publications) to September 27, 1985, CNOR (50 FR imminent. allow us to verify any scientific or 39526). They all remained Category 2 commercial information you include. candidate species in the February 21, After February 1996: Gonocalyx Please note that submissions merely 1990 (55 FR 6184), and September 30, concolor and Varronia rupicola stating support for or opposition to the 1993 (58 FR 51144), CNORs. On October 25, 1999, we published in action under consideration without Designation of Category 2 species was the Federal Register a CNOR (64 FR providing supporting information, discontinued in the February 28, 1996, 57535) that added Gonocalyx concolor although noted, will not be considered CNOR (61 FR 7596). The 1996 CNOR and Varronia rupicola (as Cordia in making a determination, as section redefined candidates to include only rupicola) to the list of candidate species 4(b)(1)(A) of the Act directs that species for which we have information with LPNs of 5 and 2, respectively. determinations as to whether any needed to propose them for listing, and Gonocalyx concolor was assigned an species is an endangered or threatened as a result, A. eggersiana, G. concolor, LPN of 5 because it faced threats that species must be made ‘‘solely on the and V. rupicola were removed from the were high in magnitude but basis of the best scientific and candidate list. nonimminent. Varronia rupicola (as commercial data available.’’ Cordia rupicola) was assigned an LPN of After February 1996: Agave eggersiana You may submit your comments and 2 because it faced threats of a high materials concerning this proposed rule On November 21, 1996, we received magnitude that were imminent. These by one of the methods listed in the a petition from the U.S. Virgin Islands two plants retained their respective LPN ADDRESSES section. We request that you Department of Planning and Natural assignments in the CNORs published on send comments only by the methods Resources (DPNR) requesting that we October 30, 2001 (66 FR 54808), June described in the ADDRESSES section. list Agave eggersiana as endangered. On 13, 2002 (67 FR 40657), May 4, 2004 (69 If you submit information via http:// November 16, 1998, we published in the FR 24876), May 11, 2005 (70 FR 24870), www.regulations.gov, your entire Federal Register (63 FR 63659) our and September 12, 2006 (71 FR 53756). submission—including any personal finding that the petition to list A. In the CNOR published on December identifying information—will be posted eggersiana presented substantial 6, 2007 (72 FR 69034), Varronia on the Web site. If your submission is information indicating that the rupicola (as Cordia rupicola) was made via a hardcopy that includes requested action may be warranted, and assigned an LPN of 5, because its threats personal identifying information, you we initiated a status review on the were determined to be nonimminent. In may request at the top of your document . the 2007 CNOR, Gonocalyx concolor that we withhold this information from On September 1, 2004, the Center for retained its LPN of 5. Both plants public review. However, we cannot Biological Diversity (CBD) filed a retained an LPN of 5 in the CNORs guarantee that we will be able to do so. lawsuit against the Department of the published on December 10, 2008 (73 FR We will post all hardcopy submissions Interior and the Service alleging that the 75176), November 9, 2009 (74 FR on http://www.regulations.gov. Please Service failed to publish a 12-month 57804), November 10, 2010 (75 FR include sufficient information with your finding for Agave eggersiana (Center for 69222), October 26, 2011 (76 FR 66370), comments to allow us to verify any Biological Diversity v. Norton, Civil and November 21, 2012 (77 FR 69993). scientific or commercial information Action No. 1:04–CV–2553 CAP). In a On May 11, 2004, we received a you include. stipulated settlement agreement petition from the CBD (CBD 2004, pp.

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66–69) requesting that G. concolor and and morphology indicate that about 0.5 to 0.6 in (1.3 to 1.5 cm) in V. rupicola be listed as an endangered they are well-differentiated species length and 0.2 to 0.3 in (0.5 cm to 0.8 species under the Act. No new (Nevling 1970, p. 224). The flower of G. cm) in diameter. information was provided in the portoricensis is pendent with light green is a bright red berry with many petition. calyx, and the corolla tube is whitish to inside (Lioger 1995, p. 105). No additional information regarding fruit Species Information pinkish; G. portoricensis is - pollinated flower (Proctor 1992, p. 3). production is available. Taxonomy and Description Gonocalyx concolor differs from G. Varronia rupicola Agave eggersiana portoricensis in its vivid red, semipendent , which apparently Varronia was traditionally lumped Agave eggersiana is a are hummingbird pollinated, and in its into the genus Cordia, a group of about of the family Agavaceae (century plant range (Nevling 1970, p. 224). Gonocalyx 250 or more species of trees and family) endemic to the island of St. concolor is a small evergreen , of tropical and subtropical regions. Croix in the U.S. Virgin Islands (USVI). mainly epiphytic (grow on the trunks of Varronia was recently recognized as a This species was originally described in trees) or clambering (use other monophyletic genera based on 1913, by William Trelease from material vegetation as support), which may reach vegetative, floral, and pollen collected on St. Croix, and is 15 feet (ft) (4.7 meters (m)) in length morphology (Miller and Gottschling distinguished from other members of (Acevedo 2005, p. 227). The leaves are 2007, p. 163). Varronia comprises multi- the Agavaceae family by its acaulescent simple, alternate, entire, and coriaceous stemmed shrubs with condensed (without an evident leafy stem), non- (leathery). The leaf blade is ovate, inflorescence and evenly serrate leaves suckering growth habit (vegetative broadly elliptic, or nearly orbicular; 0.5 (Sa´nchez de Stapf 2010, p. 133). reproduction that does not form to 1.2 in (1.5 to 3 cm) long; and 0.5 to Varronia is currently represented in the offshoots around its base), and its 0.9 in (1.3 to 2.3 cm) broad. The leaf West Indies by about 66 valid species fleshy, nearly straight leaves with small base is apiculate (ending in a short (Acevedo-Rodrı´guez and Strong 2012, p. marginal prickles of 0.04 inches (in) (0.1 sharp point) and obtuse to acute at the 170). Axelrod (2011, p. 427) recognized centimeters (cm)) long that are nearly apex, and is rounded at the base; the seven species found in , straight (Britton and Wilson 1923, p. leaf’s upper surface is glabrous (smooth with V. bellonis and V. wagnerorum 156; Proctor and Acevedo-Rodrı´guez or hairless) above, with scattered large being endemic to the island, and V. 2005, p. 118). Its flowers are deep trichomes (papilliform hairs) beneath. rupicola extending to the island of yellow and 2.0 to 2.34 in (5 to 6 cm) The leaf venation is 5-pli (the leaf Anegada, British Virgin Islands. long. After flowering, the panicles venation is 1 central vein and 4 Varronia rupicola is a large shrub (inflorescence) produce numerous small secondary veins bending toward apex) reaching up to 16 ft (5 m) in height. The vegetative bulbs (bulbils), from which from the base (secondary veins bending alternate leaves are ovate to elliptic, 0.8 the species can be propagated (Proctor toward apex), outer set marginal, inner to 3.5 in (2 to 9 cm) long with an acute and Acevedo-Rodrı´guez 2005, p. 118). set submarginal and better developed. apex, rounded to obtuse at the base, and Agave eggersiana is not known to The mid-vein is immersed above and chartaceous (papery). Leaves margins produce fruit, and like other Agave emerged beneath, and lateral venation is are whole or crenate (scalloped or species, is monocarpic, meaning the inconspicuous. The leaf margin is entire notched). The upper surface of the leaf plant dies after producing the spike or or flat, except for few inconspicuous, is rigidly scabrous (having a rough inflorescence. Furthermore, based on rounded projections toward the apex. surface) and puberulous (densely observations of cultivated plants, A. The leaf lower surface is pale green and covered by hairs) underneath, with eggersiana requires at least 10 to 15 shiny. The (the stalk attaching strigose (having straight hairs) petioles years to develop as a mature individual the leaf blade to the stem) is ranging from 0.1 to 0.4 in (0.2 to 1.0 cm) and to produce an inflorescence (David approximately 0.07 to 0.09 in (0.18 to long. Flowers are in solitary globular Hamada, St. George Village Botanical 0.21 cm) long. The stems are highly heads of 20 (grouped into a globose Garden, pers. comm., 2010). branched, slender, cylindrical, and dark terminal structure), and about 0.4 in (1.0 Gonocalyx concolor brown in color. The twigs are pubescent cm) in diameter. The corolla is white Gonocalyx concolor was described in (covered with fine short hairs). Young and 0.3 in (0.8 cm) long, and the fruit 1970, as a new species of the genus leaves and branches are brilliantly rose- is a one-seeded, red drupe about 0.2 in Gonocalyx, family , for Puerto colored, but become green with age. (0.5 cm) long (Proctor 1991, p. 65; Rico (Nevling 1970, p. 221). Gonocalyx Flowers are bisexual, 5-merous (floral Lioger 1995, p. 313). is a neotropical genus comprised of 10 part in multiples of 5 in each whorl), Habitat species, ranging from Costa Rica to regular, and uniformly vivid red. Agave eggersiana North Colombia, and the Caribbean Flowers are borne solitary on auxillary (Dominican Republic, Puerto Rico, brachyblast (short shoot), and are Agave eggersiana is currently known Dominica, and Guadalupe) (Luteyn and semipendent (hanging or suspended). from coastal cliffs with sparse Pedraza-Pen˜ alosa 2011, p. 1). Two of the Pedicel is terete (cylindrical and vegetation and dry coastal shrubland species are considered endemic to tapering), 0.35 to 0.43 in (0.89 to 1.1 cm) vegetation communities within the Puerto Rico: G. concolor and G. long, red, fringed with trichomes at the subtropical dry forest life zone of St. portoricensis (Lioger and Martorell summit, bibracteolate (2 bracts Croix, USVI (Ewel and Whitmore 1973, 2000, p. 151). These two species are subtending the flower within an p. 72). In St. Croix, the average rainfall derived from common ancestral stock; inflorescence) near the base, and is about 30 in (76 cm) and 40 in (102 hence there is great similarity in many articulate with calyx. The corolla (the cm) in the east and west sides of the details and in aspect, as well as part of a flower that consists of the island, respectively (Ewel and geographic proximity (Nevling 1970, p. separate or fused petals and constitutes Whitmore 1973 p. 8; Mac et al. 1998, p. 223). the inner whorl of the perianth) tube is 315). The wettest and hottest months are Although G. concolor is similar to G. carnose (of a fleshy consistence), from July to October. The average mid portoricensis, differences in distribution campanulate (shape like a bell), and island temperature is 78.8 degrees

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Fahrenheit (°F) (26 degrees Celsius (°C), in alkaline, clay sediments. The Glynn sierra), Ocotea spathulata (nemoca with a variation of only 5 to 9 °F (3 to series consists of very deep, well- cimarrona), Eugenia borinquensis 5 °C) between the warmest and coolest drained soils on alluvial fans and (guayabota), Clusia minor (cupey de months (Mac et al. 1998, p. 316). terraces. These soils formed in stratified monte), and Prestoea acuminata var. The coastal cliffs where Agave alluvial sediments weathered from basic montana (sierra palm) (Weaver et al. eggersiana occurs are dominated by igneous rock. The Victory series consists 1986, p. 80; Silander et al. 1986, p. 191). rocky formations and areas with less of moderately deep, well-drained soils Additionally, some areas were planted than 10 percent vegetative cover. These on summits and side slopes of volcanic with Eucalyptus robusta (swamp coastal cliffs are exposed to extremes of hills and mountains. These soils formed mahogany) (O. Monsegur, UPRM, wind, salt spray, and low moisture, and in material weathered from extrusive unpubl. report, 2006, p. 1). they are usually sparsely vegetated with igneous bedrock (USDA–NRCS 2013, The ausubo forest is only found along a canopy less than 1 meter in height http://websoilsurvey.nrcs.usda.gov). the Rı´o Grande de Patillas River basin (Gibney et al. 2000, p. 7; Moser et al. and intermittent streams between 2,034 2010, Appendix A–11). Dry coastal Gonocalyx concolor ft (620 m) and 2,329.4 ft (720 m) of shrubland vegetation is common to the Gonocalyx concolor has been elevation (DNR 1976, p. 169), and drier parts of the island of St. Croix: east described as endemic from the elfin occupying approximately 72.5 ha (179.2 and south shores, and low-elevation forest type at Cerro La Santa and from ac) in the Charco Azul area (Silander et locations. In some places, dry coastal the ausubo (Manilkara bidentata) forest al. 1986, p. 190). The ausubo forest is shrubland vegetation may extend as far type at Charco Azul, both within the characterized by evergreen vegetation, up as 902 ft (275 m) on south-facing lower montane (an altitudinal zone in high species richness, rapid growth rate slopes. Cacti and agave are common mountainous region characterized by of successional trees, epiphytic ferns, though scattered, while vegetation distinctive flora and forest structure) bromeliads, and orchids (Ewel and height can range from 3.2 to 32.8 ft (1 very wet forest life zone in the Carite Whitmore 1973, p. 32). The vegetation to 10 m). The taller forms may consist Commonwealth Forest (Ewel and in this area is generally comprised of of a canopy layer of larger individuals Whitmore 1973, p. 41). The Carite native trees (i.e., Manilkara bidentata under slightly more moist conditions. Commonwealth Forest comprises (ausubo), Dacryodes excelsa (tabonuco), The shorter forms are common to very approximately 6,694.9 acres (ac) Guarea guidonia (guaraguao), and exposed locations such as the east sides (2,709.3 hectares (ha)), and the elevation Cyrilla racemiflora (swamp titi) (Francis of headlands on the south shores in the ranges from 2,030 to 3,950 ft (620 to 900 and Lowe 2000, p. 345; DNER 2008, p. island (Gibney et al. 2000, p. 6; Moser m) (DNR 1976, p. 169). This forest has 2). Gonocalyx concolor grows epiphytic et al. 2010, Appendix A–8). Other been managed for conservation since and clambering on dead and live stand species of vegetation associated with 1975 (DNER 2008, p. 1). The mean trees within this type of forest (O. these areas are: Sesuvium annual precipitation at the Carite Monsegur, UPRM, unpubl. report, 2006, portulacastrum (sea purslane), Commonwealth Forest is 88.7 in (225 p. 2). Laguncularia racemosa (white cm), with February to April the drier Varronia rupicola ), buceras (black olive), months (NOAA 2013, http:// Hippomane mancinella (manchineel), www.srh.noaa.gov/sju/?n=climo_cayey). Varronia rupicola has been described Jacquinia arborea (barbasco), Opuntia The mean temperature is 22.7 °C (72.3 from southwestern Puerto Rico, Vieques stricta (prickly pear, Pilosocereus °F), varying from 20 °C (68 °F) in Island, and Anegada Island. All these royenii (Royen’s tree, Suriana maritima January to 24 °C (73.4 °F) in July sites lie within the subtropical dry forest (bay cedar), simaruba (gumbo (Silander et al. 1986, p. 183). life zone overlying a limestone substrate limbo, Canavalia rosea (seaside bean), Both the elfin and ausubo forests have (Ewel and Whitmore 1973, p. 72). Caesalpinia bonduc (gray nicker), similar climate conditions (Ewel and Subtropical dry forest life zones receive Capparis flexuosa (falseteeth), Scaevola Whitmore 1973, p. 32). The elfin forest, a mean annual rainfall ranging from 24 plumieri (ink berry), Oplonia spinosa also referred to as dwarf or cloud-forest, to 40 in (61 to 101 cm). The vegetation (prickly bush), Capparis indica is found on exposed peaks and ridges of in this life zone is deciduous on most (linguam), Adelia ricinella (wild lime), Cerro La Santa, above 2,890 ft (880 m) soils, with tree species dropping leaves Crossopetalum rhacoma (maidenberry, in elevation from sea level, occupying during the dry season. The vegetation Heteropterys purpurea (bull withe), approximately 10.1 ha (24.9 ac) in the usually consists of a nearly continuous, Pisonia subcordata (mampoo), Carite Commonwealth Forest (Silander single-layered canopy, with little Exostema caribaeum (Caribbean et al. 1986, p. 178). The elfin forest ground cover. The leaves of dry forest princewood, Cordia dentata (white vegetation is characterized by gnarled species are succulent or coriaceous, and manjack), and Coccoloba uvifera trees less than 7 meters tall, high basal species with spines and thorns are (seagrape) (O. Monsegur and M. Vargas, area, small diameters, a large number of common. Tree heights usually do not Service, unpubl. data 2013; Lioger and stems per unit area, and extremely slow exceed 49 ft (15 m), and crowns are Martorell 2000, pp. 50–205). growth rates (Ewel and Whitmore 1973, typically broad, spreading, and flattened The natural populations of Agave p. 45). The vegetation is commonly (Ewel and Whitmore 1973, p. 72). eggesiana grow on top of various soil saturated with moisture and frequently Varronia rupicola has been recorded classifications, including Cramer, enveloped in clouds, and both aerial in forested hills with open to relatively Glynn, Hasselberg, Southgate, and and superficial roots are common dense shrublands and scrublands 6.5 to Victory. The Cramer and Southgate (Weaver et al. 1986, p. 79). The plant 9.8 ft (2 to 3 m) in height; in low forest series consists of shallow, well-drained association in this area is generally with canopy from 8 to 15 ft (3 to 5 m) soils on summits and side slopes of comprised by few species of native high; and at the edge of a dense, low volcanic hills and mountains. These trees, native ferns and dense covered coastal shrubland forest. On the island soils formed in material weathered from with epiphytes including bromeliads of Anegada, V. rupicola was found in extrusive igneous bedrock or only from and mosses (Weaver et al. 1986, p. 79). open limestone pavement and sand igneous bedrock. The Hesselberg series The native tree composition includes: dunes. Woody species associated to V. consists of shallow, well-drained soils Tabebuia schumanniana (roble rupicola’s prime habitat in southern on marine terraces. These soils formed colorado), Tabebuia rigida (roble de Puerto Rico (Gua´nica Commonwealth

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Forest) include: Gymnanthes lucida Gonocalyx concolor almost limited by gravity, as the (shiny oysterwood, or yaitı´), Exostema Gonocalyx concolor has been majority of the seedlings lie under the caribaeum (princewood, or albarillo), observed flowering in December, parent tree or downslope (O. Monsegur, Pisonia albida (corcho), Pictetia January, February, and April (Nevling Service, pers. obs. 2013). The wide aculeata (fustic, or tachuelo), Thouinia 1970, p. 224). Preliminary studies of the range of the species suggests a former portoricensis (ceboruquillo, or species’ reproductive biology indicate disperser (probably a bird). serrazuela), Coccoloba krugii that the plant is predominantly Patterns of plant-animal interactions (whitewood), Pilosocereus royenii outcrossed, and that outcrossed flowers were probably altered due to the (Royen’s tree cactus, or sebuca´n), produce twice the number of seeds than previous extensive deforestation of the (gumbo limbo, or self-pollinated flowers (S. Flores, island of Puerto Rico. Some almacigo), Erithalis fruticosa (black Universidad del Turabo, pers. comm. observations of dispersal by an torch), Guettarda krugii (frogwood, or 1996). The low number of individuals undetermined vector have been reported cucubano), Tabebuia heterophylla (pink per population may suggest that from Anegada (Hamilton, KEW, pers. trumpet tree, or roble), Hypelate Gonocalyx concolor has highly comm., 2013). If not extinct, possible trifoliata (inkwood), Coccoloba specialized ecological requirements to dispersers may have altered their diversifolia (pigeonplum, or uvilla), grow and that production of viable foraging behavior and now do not feed Cassine xylocarpa (marbletree, or seeds rarely occurs (C. Pacheco, Service, on the of V. rupicola. Recent coscorro´n), Krugiodendron ferreum pers. obs., 2013). Although a number of observations in Puerto Rico indicate that (black ironwood, or palo de hierro), authors have reported the species on flowers of V. rupicola are visited by Jacquinia berterii (barkwood), flower and fruit, no one has observed several insect species, including Apis succulenta (strongbark, or palo de vaca), recruitment. Currently, no information mellifera (honey bee) and Crossopetalum rhacoma (maidenberry, about reproductive capacity, dispersion, angelia (fulvous or pico de paloma), Antirhea acutata or habitat requirements is available for hairstreak, a ) (O. Monsegur, (placa chiquitu, or quina), and Amyris G. concolor. Service, pers. obs. 2013). elemifera (torchwood) (Murphy and Varronia rupicola material Lugo 1986, p. 91). The populations of V. Varronia rupicola germinated in the greenhouse at Cabo rupicola in Puerto Rico are also found Studies on the distribution, Rojo National Wildlife Refuge in Cabo in close proximity to populations of the abundance, and reproductive biology of Rojo were flowering and producing endangered plants Eugenia Varronia rupicola have been conducted fruits in about 1 year after germination woodburyana (no common name) and by scientists from the University of (O. Monsegur, Service, pers. obs., 2013). Trichilia triacantha (bariaco), and other Puerto Rico, Mayagu¨ ez Campus The rapid reproductive development of rare plants such as Myrtus bellonis (no (Breckon and Kolterman 1996, p. 6; the species and the finding of common name), Passiflora bilobata Monsegur and Breckon 2007, p. 13). individuals along recently disturbed (twolobe passionflower), and Nashia These authors reported the species sites (new dirt roads) and natural forest inaguensis (pineapple verbena) flowering and fruiting in December gaps (openings) may indicate that V. (Breckon and Kolterman 1996, p. 4; through January (Breckon and rupicola is an early colonizer or pioneer Monsegur and Breckon 2007, p. 1). On Kolterman 1996, p. 4), and in June species. Anegada, the species is located in open through July (Monsegur and Breckon Historical Range limestone pavement and sand dunes. In 2007, p. 1). From February to April, all a comprehensive study of the vegetation plants observed were sterile. Fruit Agave eggersiana of Anegada, V. rupicola was found in production in the populations from the Historically, Agave eggersiana was higher abundance (based on percentage Gua´nica Commonwealth Forest and the reported from the north coast in occurrence across plots) on limestone municipality of Ponce seem to be high, Christiansted, St. Croix, and along the but also widespread within the sand and there is evidence of recruitment south coast of the island (Proctor and dunes (Clubbe et al. 2004, p. 344). associated to the majority of the clusters Acevedo-Rodrı´guez 2005, p. 118). Occurrence of the species on sand of individuals (O. Monsegur, Service, Britton and Wilson (1923, p. 156) dunes on Anegada may explain the new pers. obs., 2013). Under greenhouse reported the species from hillsides and record of the species in the northern conditions, seed germination has been plains in the eastern dry districts of St. coast (Tortuguero Lagoon) of Puerto reported as not less than 67 percent Croix, but did not provide population Rico within an area that is characterized (Wenger et al. 2010). Germination in the estimates. In addition, it was reported by the presence of white sands soils (O. wild has also been observed to be high that A. eggersiana was cultivated on St. Monsegur, Service, pers. obs., 2013). (O. Monsegur, Service, pers. obs., 2013). Croix and St. Thomas for ornament Life History However, apparently there is also a high (Trelease 1913, p. 28; Britton and mortality of seedlings, and only few Wilson 1923, p. 156; Proctor and Agave eggersiana individuals make the transition (natural Acevedo-Rodrı´guez 2005, p. 118). Based on the information currently thinning) to sapling stages (O. Information provided (Kojis and available to us, there is no published Monsegur, Service, pers. obs., 2013). Boulon, DPNR, pers. comm., 1996) information describing the ecology and Monsegur and Breckon (2007, p. 2) specified that the species was last genetics of Agave eggersiana. Although reported numerous seedlings (>140) and observed growing in the wild around samples from individuals in the Gallows various saplings in the Gua´nica 1984 to 1986 on St. Croix. In 2003, Bay area have been collected for genetic Commonwealth Forest. However, DPNR stated that the species was analysis (Ray, VFR, pers. comm., 2010), seedling recruitment on Vieques Island believed to be extinct (Plaskett, DPNR, the Service is unaware if the samples seems to be low, as it has not been pers. comm. 2003; Dalmida-Smith, were analyzed and results have been recorded during recent assessments DPNR, pers. comm., 2010). Proctor and published. No further information is (Monsegur and Breckon 2007, p. 7; Acevedo-Rodrı´guez (2005, p. 118) available regarding the ecology of the Hamilton, KEW, pers. comm., 2013). provided a general description of A. species beyond the demographic trends Despite the showy red fruits of Varronia eggersiana and state that the species discussed above. rupicola, its dispersion seems to be appeared to be extinct in the wild.

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However, no citations or survey from the University of Puerto Rico) DNER, pers. comm., 2004). In 2005, an information were provided to support visited the known localities describing individual of V. rupicola was found on this statement. Subsequently, in 2010, three populations of Gonocalyx Lighthouse Peninsula, Vieques Island DPNR provided information based on concolor in the Carite Commonwealth (Breckon and Kolterman 2005, p. 1). field visits and reported the existence of Forest: two at Cerro La Santa, and This area is located within the Vieques several populations of A. eggersiana on another at Charco Azul (O. Monsegur, Island National Wildlife Refuge. St. Croix (Dalmida-Smith, DPNR, pers. UPRM, unpubl. report, 2006, p.1). Dr. comm., 2010). Samuel Flores (pers. comm., 1996), Current Range Historically, land use intensity professor at the Turabo University in Agave eggersiana increased by colonial exploitation since Puerto Rico, anecdotally reported the the 15th century (Chakroff 2010, p. 6). species from El Yunque National Forest Agave eggersiana is currently found Sugarcane was the main crop on the in the Luquillo Mountains, northeastern on the north and south coasts of St. island and dominated the economy for Puerto Rico. Despite of Service efforts to Croix, USVI. Seven populations support nearly 200 years (Shaw 1933, p. 414). locate the species in El Yunque National approximately 313 adult plants and Apparently, the former land use of the Forest, it has not been found. Therefore, more than 316 juveniles. It is uncertain areas used for sugar cane cultivation this record has not been confirmed. if these populations are natural resulted in degradation of the species’ (individuals that come from wild habitat and nearly extirpated the species Varronia rupicola populations) or if these populations from the wild. Sugarcane is no longer Varronia rupicola was first discovered consist of individuals that escaped from cultivated commercially on the island, by the German botanical collector Paul landscaping. However, characteristics, the majority of the areas formerly used Sintenis in July 1886, in the Los Indios such as growing mixed with native for sugarcane plantations are currently Ward, located between the Barinas ward vegetation, evidence of natural grasslands, and early secondary forests in Yauco and the municipality of recruitment, and the presence of are dominated by the nonnative tree Guayanilla, Puerto Rico. It was later different size classes, suggest these are Leucaena leucocephala (white leadtree). found in Gua´nica, Puerto Rico, in 1887, remnants of wild populations. and again in 1943 and 1959 (Proctor Gonocalyx concolor The current distribution of 1991, p. 66). The species was thought to populations of Agave eggersiana on St. Gonocalyx concolor was first be endemic to Puerto Rico, until it was Croix that are presumed to be wild is as discovered on Cerro La Santa at an collected by George Proctor in May follows: elevation of approximately 2,962 ft (903 1987, at the west end of the island of a. North coast—(1) Gallows Bay with m) in the Carite Commonwealth Forest, Anegada, British Virgin Islands (Proctor an estimate of 2 individuals; and (2) east-central Puerto Rico (Nevling 1970, 1991, p. 66). Proctor (1994, p. 54) also Protestant Cay with an estimated 40 p. 221). In 1993, Dr. Frank Axelrod ´ reported a specimen from Punta Jalova individuals. found a second population of this on Vieques Island, Puerto Rico. This species close to the Charco Azul report was based on a specimen b. South coast—(3) Manchenil Bay recreational area, also in the Carite collected by Woodbury, possibly around with an estimated 8 individuals; (4) Commonwealth Forest (Axelrod 1993, 1978. Surveys conducted by Breckon West side of Vagthus point with a single UPR voucher 6643). This and Kolterman in 1995 located the individual; (5) Great Pond with population is located at an approximate species at a site called El Pen˜ o´n in the approximately 65 individuals; (6) South elevation of 2,070 ft (630 m) in the municipality of Pen˜ uelas (Breckon and Shore with an estimate of 182 ausubo forest, which lies within the Kolterman 1996, p. 6). In 2003, three individuals; and (7) Cane Garden Bay basin of the Rı´o Grande de Patillas, individuals of V. rupicola were found with 15 individuals. approximately 2 mi (3.2 km) southeast adjacent to the entrance of El Fuerte Most of the sites have juvenile from Cerro La Santa. Later, in December Trail within the Gua´nica individuals except for Gallows Bay and 2006, Omar Monsegur (former student Commonwealth Forest (M. Canals, Vagthus Point (Table 1).

TABLE 1—(PRESUMED) WILD POPULATIONS OF AGAVE EGGERSIANA

Number of Population Area/ Estate Ownership individuals location (adults/juveniles)

South Shore ...... South Coast ...... Cane Garden ...... Private ...... 182/231 Cane Garden Bay ...... South Coast ...... Cane Garden ...... Private ...... 15/27 Manchenil Bay ...... South Coast ...... Granard ...... Private ...... 8/58 Protestant Cay ...... North Coast ...... Protestant Cay ...... Government but leased to 40/Undetermined private party. Gallows Bay ...... North Coast ...... Mount Welcome ...... Private ...... 2/0 West Vagthus Point ...... South Coast ...... Peters Minde ...... Private ...... 1/0 Great Pond ...... South Coast ...... Great Pond ...... Government ...... 65/Undetermined

Total ...... 313/316+ Sources: O. Monsegur and M. Vargas, Service, unpubl. data, 2010 and 2013; Dalmida- Smith, DPNR, pers. comm., 2010; David Hamada, SGVBG, pers. comm., 2010; Plaskett, DPNR, pers. comm., 2003.

In addition, there are introduced individuals (mostly juveniles); Buck and M. Vargas, Service, pers. obs., 2010 individuals located at Salt River Island National Monument with an and 2013; Dalmita-Smith, DPNR, pers. National Park and Ecological Preserve estimate of 11 individuals; and Ruth comm., 2010). (SARI) with an estimate of 90 Island with 1 individual (O. Monsegur

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Gonocalyx concolor estimating its population at Cerro La Rico and provided updated information Currently, Gonocalyx concolor is Santa at around 35 individuals (Proctor about the status and distribution of the known from three populations: two at 1992, p. 4). Later, Dr. Samuel Flores species. The distribution of V. rupicola Cerro La Santa and another at Charco (professor from the Turabo University) in the Gua´nica Commonwealth Forest Azul, both in the Carite Commonwealth visited the same area and estimated its extents to at least six small populations Forest (Pacheco and Monsegur, Service, population at around 172 individuals or subpopulations within the east unpubl. report, 2013, p. 2). The species (S. Flores, pers. comm., 2009). In section of the forest. Another population shows a limited distribution in its December 2006, Omar Monsegur was located on the west unit of the habitat, occupying only 0.75 ac (0.3 ha) (graduate student from the University of Gua´nica Commonwealth Forest by at Cerro La Santa (Pacheco and Puerto Rico, Mayagu¨ ez Campus) Alcides Morales (Sociedad Ornitologica Monsegur Service, unpubl. report, 2013, estimated approximately 25 individuals Puertoriquen˜ a, Inc., pers. comm., 2012). p. 3) and approximately 0.12 ac (0.05 at Cerro La Santa and 4 individuals at This is the westernmost recorded Charco Azul (O. Monsegur, UPRM, ha) at Charco Azul (O. Monsegur, distribution for the species. UPRM, unpubl. report, 2006, p.2). The unpubl. report, 2006, p. 1). In 2013, individuals reported from El Yunque Service biologists, Carlos Pacheco and From the municipality of Pen˜ uelas, National Forest are apparently no longer Omar Monsegur, visited the population Monsegur and Breckon (2007, p. 6) extant. According to Luis Rivera, at Cerro La Santa and estimated the G. found a single individual in a ravine Tropical Vegetation Specialist, the U.S. concolor population at around 27 area on the west side of El Pen˜ o´n site. Forest Service does not have records of individuals (Pacheco and Monsegur, This seems to be part of the same the species in El Yunque National USFWS, unpubl. report, 2013, p. 3). population identified by Breckon and Kolterman in 1995. In addition, the Forest (L. Rivera, USFS, pers. comm., Varronia rupicola 2013). Despite the availability of habitat, Service confirmed the presence of about the Service considers that the report Varronia rupicola is currently known eight clusters of the species in an area from El Yunque National Forest may be from at least seven main localities in just north of the Ponce Holiday Inn in a misidentification of material from G. Puerto Rico (Table 2) and several the municipality of Ponce (O. Monsegur, portoricensis. localities from the island of Anegada. Service, and J. Sustache, DNER, unpubl. In 1992, Dr. George R. Proctor Monsegur and Breckon (2007, p. 1) Data, 2013). conducted a status review of the species visited the historical localities in Puerto

TABLE 2—STATUS OF CURRENTLY KNOWN POPULATIONS OF VARRONIA RUPICOLA

Number of Localities reproductive Number of Number of Total of plants individuals saplings seedlings

El Pen˜o´n (Pen˜uelas) ...... 16 0 0 16 Gua´nica Commonwealth Forest (East) ...... 34 30 142 206 Gua´nica Commonwealth Forest (West) (Montalva) ...... 1 0 0 1 Puerto Ferro (Vieques NWR) ...... 6 0 0 6 Yauco (Montes de Barina) ...... 2 0 0 2 Ponce (Holiday Inn) ...... 17 4 120 141 Tortuguero Lagoon (DNER) ...... 1 0 0 1

Total ...... 77 34 262 373

Another recorded site for Varronia habitat in the Island of Anegada (British other natural or manmade factors rupicola lies within a privately owned Virgin Islands). Varronia rupicola is affecting its continued existence. Listing property located at Montes de Barinas in also found in the northwest section of actions may be warranted based on any the municipality of Yauco (C. Pacheco, Anegada, where it is reported as of the above threat factors, singly or in Service, pers. comm., 2011). The species common (Clubbe et al., 2004, p. 344; combination. Each of these factors is was also reported by Alcides Morales McGowan et al., 2006, p. 5). discussed below. (Sociedad Ornitologica Puertoriquen˜ a, Summary of Factors Affecting the Factor A. The Present or Threatened Inc., pers. comm., 2012) from a nearby Species Destruction, Modification, or property known as Finca Catala´. This Curtailment of Its Habitat or Range property is adjacent to the locality Section 4 of the Act (16 U.S.C. 1533), and its implementing regulations at 50 reported by Pacheco on 2011. These Agave eggersiana CFR part 424, set forth the procedures reports overlap with the general area for adding species to the Federal Lists The Agave eggersiana population where this specimen was collected by of Endangered and Threatened Wildlife found in Great Pond is the only one Paul Sintenis in 1886. and Plants. Under section 4(a)(1) of the located in a conservation area. The There is new information suggesting Act, we may list a species based on any remaining populations occur within the existence of one population within of the following five factors: (A) The privately owned lands and are the Tortuguero Lagoon in northern present or threatened destruction, threatened by development, or are Puerto Rico (Beverly Yoshioka, Service, modification, or curtailment of its growing in areas that are already pers. comm., 2013). This will be the first habitat or range; (B) overutilization for developed and managed as tourism and record for the species in the northern commercial, recreational, scientific, or residential projects and that will not coast of Puerto Rico. The finding of this educational purposes; (C) disease or support the continued existence of the new locality is supported by the predation; (D) the inadequacy of plants. Based on information reported existence of the species on a similar existing regulatory mechanisms; and (E) by the University of the Virgin Islands’

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Conservation Data Center (USVI– complex that has the potential for future eggersiana susceptible to human- CLWUP 2004), at least three of the expansion, and thus may affect Agave induced fires (addressed under Factor E, populations (i.e., Protestant Cay, eggersiana (O. Monsegur and M. Vargas, below). Gallows Bay, and Manchenil Bay) lie Service, pers. obs., 2010 and 2013). Gonocalyx concolor within areas identified by DPNR as Moreover, the Gallows Bay area does high-density land use areas, and thus not contain additional habitat to allow Habitat destruction and modification have a higher susceptibility to for population expansion. Remaining have been identified by species expert development in the near future. The forested areas surrounding this location as the main threat to Gonocalyx coastal areas that harbor suitable habitat are characterized by an abundance of concolor (Proctor 1992, p. 3; O. for the species are currently subject to nonnative species. The small pockets Monsegur, UPRM, unpubl. data, 2006; urban and tourist development (O. that could be colonized by bulbils are C. Pacheco and O. Monsegur, Service, Monsegur and M. Vargas, Service, pers. occupied by Sansevieria cylindrica unpubl. report, 2013, p. 3). In 1974, the obs., 2010 and 2013). At least two (African spear), a nonnative plant Commonwealth of Puerto Rico granted proposed development projects have species that tends to form a complete special use permits for the construction been identified within suitable habitat cover of the understory (see Factor E of telecommunications facilities, and for the species (i.e., C&R Robin, LLC, discussion, below). governmental and recreational facilities, and Seven Hills Beach Resort and The area from Cane Garden Bay to within G. concolor habitat, affecting Casino) (Weiss, CBD, pers. comm., Manchenil Bay on the south coast of St. approximately 107 ac (43.5 ha) of lower 2010). Current information regarding the Croix harbors four of the known natural montane very wet forest (Silander et al. status of these development projects is populations of Agave eggersiana 1986, p. 178). Currently known not available to the Service. (Manchenil Bay, Vagthus Point, Cane populations of G. concolor at Cerro La The population at Protestant Cay has Garden, and South Shore). According to Santa are found in remnants of elfin been affected by construction and DPNR personnel (Valiulis, pers. comm., forest vegetation located adjacent (less management activities associated with 2010), these areas are advertised by than 246 ft (75 m)) from the current use of the area, i.e., the realtors for tourism and residential telecommunication facilities, and at the disposal of garden debris from a hotel in development. Furthermore, the areas edges (less than 9.8 ft (3 m)) of the road the species’ known habitat (O. along the south coast that have not been that provide access to the Monsegur and M. Vargas, Service, pers. developed are used for cattle or hay telecommunication facilities (C. obs., 2010). As Agave eggersiana relies production, minimizing the recovery of Pacheco and O. Monsegur, Service, on asexual reproduction, the species native vegetation and, therefore, the unpubl. report, 2013, p. 3). Below we depends on the bulbils becoming habitat for A. eggersiana (O. Monsegur discuss the three factors that may affect established. Covering the bulbils with and M. Vargas, Service, pers. obs., 2010 the current habitat or range of G. debris may result in subsequent and 2013). The development of tourist concolor: (1) Installation of mortality of the bulbils and lack of and residential projects in these coastal telecommunication towers; (2) road natural recruitment, thus affecting the areas may result in the extirpation of improvement; and (3) vegetation long-term survival of this population. some populations or, at the least, will management. Moreover, individuals located on the reduce the chances of the populations to Land-use history of Cerro La Santa edges of the population are pruned as expand or to colonize other areas. The has shown that installation of part of the gardens’ maintenance. This effects of development projects are telecommunication facilities for practice may result in mortality or exacerbated by the low potential for television, radio, and cellular mutilation of individuals because the natural recruitment due to the small communication, and for military and species is monopodial (single growth number of populations and individuals. governmental purposes, has adversely axis). The population at Protestant Cay The population of Great Pond is impacted Gonocalyx concolor habitat is also threatened by competition with located between the entrance road of the (Silander et al., 1986, p. 178), and nonnative plant species. In this case, East End Marine Park office and a although not documented, presumably habitat modifications from urban private property currently advertised for has directly affected individuals of the development (e.g., road) and garden sale. The population seems to be species. George Proctor (1992, p. 3) maintenance have created conditions for healthy based on the presence of stated that the construction of a paved the establishment of invasive, nonnative different size plants and evidence of road and gigantic telecommunication species. Also, the undeveloped habitat recent flowering events. However, the towers on the summit ridge of Cerro La on the cay is being rapidly colonized by area near the population is mowed, and Santa destroyed much of the natural nonnative species (see Factor E the access road limits the expansion of population of this species. Currently, discussion, below). A. eggersiana plants the population. Furthermore, the the telecommunication tower and its also seem to be stressed by competition property adjacent to the population is associated facilities (i.e., access roads, with nonnative plants. privately owned and currently for sale security fences, guy wires) occupy Another modification of habitat in the (O. Monsegur and M. Vargas, Service, approximately 6.1 ac (2.5 ha) of the elfin area was a sand ramp constructed in pers. obs., 2010 and 2013). The possible forest in Cerro La Santa; this is habitat 2011, on the northeast side of the cay (T. use of the area for additional residential that the species may have occupied in Cummins and W. Coles, DPNR, pers or tourist development may affect the the past (C. Pacheco and O. Monsegur, comm., 2011; R. Platenberg and T. Agave eggersiana population. Owners Service, unpubl. report, 2013, p. 3). Cummins, DPNR, pers. comm., 2012; will likely manage their properties as Although the populations at Cerro La Zegarra, Service, pers. comm., 2012). It landscapes, which could lead to land Santa are located within a was documented that at least five clearing, additional mowing, other Commonwealth forest, this area is individuals of Agave eggersiana were maintenance activities, and the subjected to development for expansion crushed or otherwise impacted by the introduction of nonnative plants. of telecommunication infrastructure excavation work (R. Platenberg and T. Moreover, the abundance of grasslands because permits to build new Cummins, DPNR, pers. comm., 2012). and the dominance of the nonnative communication facilities or expand The individuals located at Gallows plant Megathyrsus maximus (guinea currently existing ones within or near Bay are within a developed residential grass) make the population of A. Commonwealth forests are prevalent

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(DNER 2004a, p. 2). Expansion of the vegetation along the access roads, rupicola individuals in Puerto Rico existing telecommunication facilities around the security fences, and under occur on private lands (i.e., Yauco, may result in loss of 27 individuals of the guy wires (tensors) that are anchored Pen˜ uelas, and Ponce) in areas subject to G. concolor and their habitat. In Puerto in the forest. Additionally, maintenance urban development. Moreover, the Rico, towers for cellular staff of the Puerto Rico Energy and habitat at Pen˜ uelas and Ponce may communication, radio, television, and Power Authority (PREPA) periodically remain underestimated in relation to the military and governmental purposes trim and clear the vegetation under the presence of the species as the area has have represented a threat to those plant existing power lines that provide energy not been extensively explored. The species that happen to occur only on to the telecommunication facilities and habitat in the municipalities of Pen˜ uelas mountaintops. The proliferation of these adjacent communities. Presently, the and Ponce has been severely fragmented antennas has increased with the advent Puerto Rico Department of Natural and for urban development (i.e., housing of cellular phone and related Environmental Resources (DNER) is projects, hotels, jails, landfills, rock technologies. While the towers aware of the presence of G. concolor and quarries, and Puerto Rico Highway themselves may not occupy a very large the need to implement conservation Number 2 (PR 2)). The habitat has been area, construction activities, access measures for the species in Cerro La further fragmented by the use of these roads, and other facilities have a much Santa. The existing telecommunication forested areas by PREPA as a right-of- wider impact, resulting in the facilities and PREPA usually have a way for power lines, and additional elimination of potential habitat for the restricted perimeter delimiting the area habitat was impacted for a former species. that can be mowed and trimmed. proposed gas pipeline (Gasoducto Sur). For the above reasons, we determined However, maintenance activities outside At least 1,200 ac (485 ha) of prime dry that installation of additional of the perimeter have been conducted forest habitat from Gua´nica to Ponce are communications towers or expansion of without the coordination with the forest currently proposed for urban and the existing one at Cerro La Santa is a manager, affecting the forest vegetation industrial developments, which are threat to Gonocalyx concolor by direct and G. concolor habitat (Hecsor Serrano- evaluated by the Puerto Rico planning mortality and due to permanent loss, Delgado, DNER, pers. comm., 2013; O. board (http://www.jp.gobierno.pr). fragmentation, or alteration of its Monsegur, UPRM, unpubl. report, 2006, These include the areas where the habitat. p.1). In 2006, Omar Monsegur Ponce populations were recently located Construction of a new access road and documented damages to an individual by Service staff. Future projects may improvement of the existing access road of G. concolor caused by vegetation threaten these populations with to the existing communication facilities removal activities outside of the fences fragmentation, and possibly extirpate have been identified as a factor that (O. Monsegur, UPRM, unpubl. report, currently known individuals. Despite could directly (destruction of 2006, p.1). Additionally, clearing the the species’ biology suggesting its ability individuals) or indirectly (slope native vegetation along the access roads, to colonize disturbed areas, it is very instability and habitat degradation) around the telecommunication facilities, likely that once the habitat is reduce the number Gonocalyx concolor and under the power lines may facilitate fragmented. V. rupicola will be and its habitat at Cerro La Santa (Proctor and accelerate colonization of invasive outcompeted by nonnative plant species 1992, p. 3; C. Pacheco and O. Monsegur, vegetation in G. concolor habitat. See (see Factor E discussion). Service, unpubl. report, 2013, p. 3). Factor E, below, for further discussion In Pen˜ uelas, the species is found in an Further, expanding the road that on invasive species. area that is currently under urban provides access to the Even though the population dynamics development. Breckon and Kolterman telecommunication facilities may of the species are poorly known, we (1996) reported a healthy population of negatively affect the species’ habitat and understand that the impacts discussed Varronia rupicola in this area located at could result in loss of 11 mature above could be detrimental to the El Pen˜ o´n de Ponce (Municipality of individuals of G. concolor (C. Pacheco species as a whole. Clearing of Pen˜ uelas), which is part of a residential and O. Monsegur, Service, unpubl. vegetation may result in direct impacts development called ‘‘Urbanizacio´n El report, 2013, p. 3). Additionally, (cutting of individuals) or indirect Pen˜ o´n.’’ At this site, V. rupicola plants clearing the native vegetation along the impacts (by opening forest gaps that can grows within residential lots, and road may facilitate and accelerate serve as corridors for invasive species) although the lots are large in size, colonization of invasive vegetation to the species. Vegetation management current and ongoing construction and towards G. concolor habitat (see Factor and maintenance of communication deforestation (some lots have been E discussion, below). Destruction or towers and facilities are a threat to completely cleared for house modification of this kind of habitat may Gonocalyx concolor due to changes in construction) threaten this population. be irreversible. Therefore, the microclimate (a local atmospheric zone In 2007, Monsegur and Breckon (2007, microhabitat conditions necessary for where the climate differs from the p. 6) reported that one individual plant the recovery of the species may be lost surrounding area) and plant species adjacent to ‘‘Urbanizacio´n El Pen˜ on’’ if the habitat is modified for the composition. Also, vegetation was eliminated by the improvement of expansion of the existing management around the existing PR 2. The authors reported that telecommunications facilities or facilities and along the access roads may vegetation was removed and the area construction of new communication be a direct and indirect threat to the G. was bulldozed, apparently as part of a facilities. concolor because it may alter the habitat project to control run-off from the Vegetation management around the condition, allowing invasive plants to ravine. existing telecommunication towers and colonize the area, and may result in In Yauco, the species occurs within associated facilities and along the direct physical damage to the species. private properties that may be subject to existing power lines that energize these urban development (http:// facilities is a threat to Gonocalyx Varronia rupicola www.jp.gobierno.pr). In fact, urban concolor and its habitat (C. Pacheco and The species’ rarity and restricted development has encroached remnants O. Monsegur, Service, unpubl. report, distribution make it vulnerable to of native dry forest areas, resulting in 2013, p. 3). Telecommunication habitat destruction and modification. the isolation or disjunction of companies periodically remove About 50 percent of known Varronia populations of rare plants, hence,

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reducing suitable habitat for the species. and construction of roads, which activities to be conducted within These areas are also threatened by increase habitat loss and fragmentation. Commonwealth Forest are generally deforestation for agricultural practices About half of known populations and scrutinized, and measures to minimize such as raising cattle, cattle grazing, and suitable habitat are within privately or avoid impacts to species protected by for the extraction of fence posts (O. owned land, which is being modified or DNER and Federal agencies are Monsegur, Service, pers. obs., 2005). proposed to be modified for urban recommended and implemented (see The known population at Yauco was development. These activities are Factor D discussion). However, observed at the edge of an existing dirt expected to continue. authorized activities, such as vegetation road. Therefore, any road expansion clearing around communication towers, Conservation Efforts To Reduce the may result in the extirpation of under power lines, and along roads,have Present or Threatened Destruction, individuals, habitat modification, and been documented, resulting in loss of Modification, or Curtailment of Its intrusion of nonnative plants. individuals and the species’ habitat. Habitat or Range In the Gua´nica Commonwealth Forest Varronia rupicola and the Vieques Island National Agave eggersiana The Service’s Caribbean Ecological Wildlife Refuge (NWR), Varronia Efforts to re-establish locally rupicola is found at the edge of trails Service Field Office (CESFO) has endangered plant species to the wild are evaluated federally funded projects or and roads, making the species prone to occurring within properties managed by be affected by management activities federally related projects requiring the (NPS) (SARI federal permits that lie within the (e.g., widening of trails, road repairs). and Buck Island Reef National Additionally, several individuals of V. species’ range. As part of the evaluation, Monument) on St. Croix. The intent of the Service recommends surveys to rupicola are found underneath power NPS is to increase production of the identify populations and recommends lines of PREPA at the Gua´nica species’ progeny around the island, conservation measures to protect the Commonwealth Forest, where they are which started in 2007, by planting seven species. However, residential projects threatened by maintenance activities individuals of Agave eggersiana (NPS, without Federal nexuses are not such as cutting or the use of herbicides. unpubl. data, 2007). Also, an intra- submitted to the Service for evaluation. PREPA has the right to access the power agency agreement between the Service lines for maintenance and service in and NPS, in cooperation with the Summary of Factor A case of emergencies. Damage to Florida and Caribbean Exotic Plant Agave eggersiana individual plants caused by Management Team, was established in The threats of possible construction maintenance activities has been 2007, to control nonnative, invasive and developments, and the current observed in the past (O. Monsegur, plants and restore coastal landscape. management of the habitat of the Service, pers. obs., 2009). This makes a The agreement was to restore populations, may further limit the significant part of the Gua´nica approximately 15 acres (6.1 ha) of SARI species. Direct consequences can be populations prone to extirpation despite coastal wetlands and uplands. The expected as impacting (harming) the the existence of regulatory mechanisms agreement also included planting A. (see Factor D discussion, below). individuals (e.g., cutting or mowing), eggersiana among other native flora. while indirect consequences can be Furthermore, despite being a National Currently, there are more than 100 Wildlife Refuge, the Vieques site (Puerto expected to create a habitat disturbance juvenile plants on NPS lands. However, where nonnative plants can overpower Ferro) is considered as an active there is the need to continue monitoring ammunition site due to the previous use Agave eggersiana. Currently, there these plants to document their long- continue to be impacts on various of Vieques Island as a bombing range by term survival and recruitment, and to the U.S. Navy (http://public.lantops- populations that are expected to adaptively manage the population. continue into the future. ir.org/sites/public/vieques/ Other efforts include the evaluation of default.aspx). Although there are no the status of the natural populations by Gonocalyx concolor current plans to conduct vegetation Service staff. In 2010 and 2013, Service The species’ rarity and restricted removal to investigate the ammunitions biologists visited St. Croix and found distribution makes it vulnerable to in Puerto Ferro (F. Lopez, Service, pers. Agave eggersiana planted at the Lagoon habitat destruction and modification. comm., 2013), the investigation process Picnic Area, a public beach that seems The scope of these factors is exacerbated at Vieques has proved to be dynamic to be under a reforestation effort funded because the most significant portion of and there is a possibility that clearing of by the Antilitter and Beautification the known population occurs adjacent native vegetation will be required to Commission. The site harbors about 220 to telecommunication facilities and at conduct removal of ammunitions in the plants that are part of the landscape. the edge of the existing access road. The future. Although the Service has no activities related to these facilities are Varronia rupicola is also found in the information on the reforestation project, expected to continue into the future. western half of Anegada Island, and the it seems to be a good effort for the Therefore, they are likely to have population appears to be healthy. protection of coastal habitat and as an significant impact on Gonocalyx However, despite efforts to maintain outreach effort towards the protection of concolor. biodiversity and promote conservation the species. on Anegada, V. rupicola, along with Varronia rupicola other rare plant species and their Gonocalyx concolor Degradation of habitat represents a preferred limestone habitat, faces threats Gonocalyx concolor populations threat to Varronia rupicola. About half of future habitat fragmentation, habitat occur on public lands managed for of the known populations of V. rupicola modification, and invasive species conservation by the Puerto Rico DNER. and its suitable habitat are within (Pollard and Clubbe 2003, p. 5; The DNER develop a management plan privately owned land, which is being McGowan et al., 2006, p. 4). Anegada is for all Commonwealth Forests in 1976; modified or is proposed to be modified under heavy pressure for residential and however, specific measures to protect for urban development. In addition, tourism development (McGowan et al., this species are not included in the plan habitat fragmentation by clearing of 2006, p. 4), resulting in improvement (DNR 1976, pp. 168–181). Currently, vegetation, road constructions, and

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right-of-way maintenance (cutting Gonocalyx concolor for the existing regulatory mechanisms plants and used of herbicides) can limit Gonocalyx concolor is not a that protect the species. However, the species’ survivability where these commercially valuable species or a although A. eggersiana is protected by activities create the conditions for species sought after for recreational or Act No. 5665, the USVI law that nonnative plants to outcompete V. educational purposes. However, the provides protection to indigenous, rupicola. We expect that this threat species is recognized by its rarity and endangered, and threatened fish, would continue into the future. restricted range, making it more wildlife, and plants in the Territory, the attractive to collectors and scientists. use of the species for landscaping Factor B. Overutilization for Collection could be a significant threat continues to be a practice. This law Commercial, Recreational, Scientific, or to the species due to the few remaining prohibits the collection of endangered Educational Purposes populations, small population size, species. However, we do not have information about enforcement Agave eggersiana restricted range, remoteness of occupied habitat, and the potential for collection mechanisms to avoid the use of this Agave eggersiana has been reported as to occur at any time. Because little is plant for landscaping (see Factor D a cultivar since it was described as a known about G. concolor (i.e., discussion, below). species in 1913 (Trelease 1913, p. 28). abundance, distribution, habitat Gonocalyx concolor and Varronia Historically, the majority of A. requirement, and phenology), any rupicola collection of seedlings, saplings, eggersiana found on St. Croix and St. The Carite and Gua´nica flowers, fruits, or parts of the individual Thomas were from landscaped areas Commonwealth Forests are managed for without appropriated evaluation of its (Britton and Wilson 1923, p. 156; conservation by the Puerto Rico DNER, effect on the species could adversely Plaskett, DPNR, pers. comm., 2003; and collection of any plant in these affect the status of the population. Even Kojis and Boulon, DPNR, pers. comm., lands is regulated by Commonwealth limited collection from the remaining 1996; Proctor and Acevedo-Rodrı´guez Law No. 133. Currently, there are population could have deleterious 2005, p. 118; Acevedo-Rodrı´guez, pers. permits to collect plants in the Carite effects on reproductive and genetic comm., 2005). Currently, the species is and Gua´nica Commonwealth Forests. viability of the species and could distributed by the St. George Botanical However, such permits are issued by contribute to its extinction (Jose´ Garden and the St. Croix Environmental DNER after determining that proposed Sustache, DNER, pers. comm., 2013). Association for conservation and private actions will not negatively affect the Although we consider collection to be a species (Jose´ Sustache, DNER, pers. landscaping purposes. In fact, it is an potential threat to this species, we do ornamental species commonly used on comm., 2013; see Factor D discussion, not have information indicating that the below). If this proposed rule is adopted, the island of St. Croix. Recent declines species is being collected for in the number of individuals at one collection of Varronia rupicola at the commercial, recreational, scientific or Vieques National Wildlife Refuge will population along the coast of Manchenil educational purposes. Bay are thought to be due to collection require a special use permit and section 7 consultation (see Factor D discussion, for ornamental purposes (Dalmida- Varronia rupicola below). Smith, DPNR, pers. comm., 2010; There is scientific interest in Varronia Valiulis, DPNR, pers. comm., 2010). At rupicola from local and external Summary of Factor B present, we do not have evidence to botanists. In fact, there is ongoing Agave eggersiana is recognized as an confirm this threat. However, when research by personnel from the Royal ornamental plant, and is locally Service biologists visited the island in Botanic Gardens (KEW) related to the distributed by botanical gardens (St. 2010 and 2013, they observed that A. reproductive biology, propagation, and George Village Botanical Garden) and eggersiana continues to be used as a genetics of this species, including the the St. Croix Environmental Association landscape species. populations from and to residents for use in private gardens. British territories (entire Puerto Rican Current evidence suggests that the Therefore, we consider collection to be platform). However, the current a threat to the species due to the few wild and cultivated populations of available information on the species Agave eggersiana have minimum remaining natural populations. does not suggest that overutilization for Overcollection from natural populations genetic variation. Data suggest that commercial, recreational, scientific, or may compromise the natural cultivated individuals could be used as educational purposes has contributed to recruitment and the recovery of Agave genetic stock to aid in the long-term a decline of V. rupicola. This research eggersiana. We do not believe that survival of this species. However, most is the only known use of the species, overcollection is a threat to Gonocalyx cultivated populations are groomed and and it is strictly for scientific purposes. concolor or Varronia rupicola. do not allow natural recruitment. Therefore, despite its rarity, we do not Therefore, we are concerned about have any evidence that suggests this Factor C. Disease or Predation possible collection of individuals from threat is negatively impacting V. Agave eggersiana natural populations for landscaping. rupicola. The genus Agave is widely affected by The rarity and low numbers of Conservation Efforts To Reduce the agave snout weevil (Scyphophorus individuals for this agave may result in Overutilization for Commercial, acupunctatus). This weevil has a wide a high ornamental value. The limited Recreational, Scientific, or Educational distribution that includes the Greater reproduction of the plant, which Purposes Antilles (i.e., , Jamaica, Hispaniola, reproduces only once every 10 to 15 and Puerto Rico) (Vaurie 1971, p. 4; years (D. Hamada, SGVBG, pers. comm., Agave eggersiana Setliff and Anderson 2011, p. 1). The 2010), may lead people to collect At present, the Service is unaware of larvae of this weevil feed on the starchy individuals from the wild and thus any conservation efforts to reduce base of the plant, increasing the risk of lower the recruitment of those limited overutilization for commercial, infestation by pathogens such as a virus populations and risk the continued recreational, scientific, or educational or fungus, later resulting in the death of survival of the species. purposes of Agave eggersiana, except the plant (Vaurie 1971, p. 4). At this

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time, there is no information about the in the wild. Minor to moderate under the Act, we interpret this occurrence of the agave snout weevil infestation by glasshouse whitefly language to require the Service to within St. Croix. However, it has been (Trialeurodes vaporariorum) was consider relevant Federal, State, and documented to be found on adjacent observed on cultivated material of V. Tribal laws and regulations, and other islands such as St. Thomas and Water rupicola at the Royal Botanical Garden, such mechanisms that may minimize Island (USVI—http://www.uvi.edu/ KEW (Wenger et al. 2010). However, any of the threats we describe in threat community/cooperative-extension- this was suspected to be the result of the analyses under the other four factors, or service/agriculture-and-natural- proximity of the V. rupicola material to otherwise enhance conservation of the resources/integrated-pest- a species that is highly susceptible to species. We give strongest weight to management.aspx). this insect pest. statutes and their implementing Although we do not have evidence on Due to the low number of individuals regulations and to management the agave snout weevil’s presence on St. and populations of these species, direction that stems from those laws and Croix, due to the low number of natural disease and predation could certainly be regulations. An example would be State populations of Agave eggersiana and the threats. However, we have no further governmental actions enforced under a abundance of vectors (i.e., nonnative information indicating that disease or State statute or constitution, or Federal agaves planted in gardens), we consider predation are a current threat to action under statute. that the weevil’s arrival to this island is Gonocalyx concolor or Varronia Having evaluated the significance of forthcoming. The agave snout weevil’s rupicola. We do not consider disease or the threat as mitigated by any such presence on nearby islands is a concern predation to be a threat to either of the conservation efforts, we analyze under especially where there is constant traffic two species. Factor D the extent to which existing (commuting) among islands with local Conservation Efforts To Reduce Disease regulatory mechanisms are inadequate and international trade. This could or Predation to address the specific threats to the potentially increase the risk of this species. Regulatory mechanisms, if they weevil to arrive and infest the island at Agave eggersiana, Gonocalyx concolor, exist, may reduce or eliminate the any time. Moreover, the island of St. and Varronia rupicola impacts from one or more identified Croix harbors other types of Agave, Based on the information available, threats. In this section, we review which could potentially become we have no evidence of conservation existing State and Federal regulatory stepping stones for the weevil to spread efforts to prevent or reduce adverse mechanisms to determine whether they around and affect the few and limited effects due to disease or predation. So effectively reduce or remove threats to populations of A. eggersiana. far, the only species that could be Agave eggersiana, Gonocalyx concolor, Service biologists documented that a potentially affected by an insect pest is and Varronia rupicola. small number of individuals of Agave Agave eggersiana. However, to our eggersiana were observed with scarring knowledge, no conservation measure Agave eggersiana along the borders of some leaves (O. has been implemented in this regard. Territory Monsegur and M. Vargas, Service, pers. obs., 2010). It appears that an insect or Summary of Factor C The Territory of the U.S. Virgin larva may feed on these Predation (scaring) has been observed Islands currently considers Agave leaves. However, the exact cause and in some individuals of Agave eggersiana as endangered under the the consequences of the scarring remain eggersiana, but there is no direct Virgin Islands Indigenous and unknown. Nevertheless, this is evidence that the severity of this Endangered Species Act (Law No. 5665) important and should be monitored, as stressor has affected the species. (V.I. Code, Title 12, Chapter 2). This it might be an indicator of a recently However, disease caused by the agave law, signed in 1990, amended an arrived pest to St. Croix. snout weevil could potentially affect A. existing regulation (Bill No. 18–0403) to On Mona Island, Puerto Rico, feral eggersiana at a population level. Thus, provide for the protection of endangered pigs are known to uproot juveniles and based on our analysis of the best and threatened wildlife and plants by destroy the root system of Agave available scientific and commercial prohibiting the take, injury, or sisalana (sisal) to feed on the root available data, we find that disease may possession of indigenous plants. As we system or to use them as a water source be a significant stressor to the overall mentioned above, A. eggersiana is (J. Saliva, Service, pers. obs, 1983 and status of A. eggersiana by affecting the currently being used for private 1996.). As introduced pigs, donkeys, long-term survival of the species. landscaping on St. Croix. At present, we and goats have been reported on St. We have no information indicating do not have information about the Croix, we cannot disregard the possible that disease or predation is a current sources of the individuals used for such predation of Agave eggersiana, threat to Gonocalyx concolor or purposes. However, we are concerned particularly young plants, by these feral Varronia rupicola. about the removal of individuals from . The absence of evidence of natural populations for landscaping. Factor D. The Inadequacy of Existing predation by these species might be the Based on the number of individuals Regulatory Mechanisms result of the low number of individuals currently used for private gardens and of A. eggersiana, their isolation, and the Under this factor, we examine the landscape practices in private areas, proximity of some of these populations whether existing regulatory mechanisms such as pruning and mowing of to human-inhabited areas. Nonetheless, are inadequate to address the threats to populations, we believe that protection at this time there is no evidence that Agave eggersiana, Gonocalyx concolor, provisions under local regulation may donkeys, pigs, or goats constitute a and Varronia rupicola discussed under not be appropriately enforced. direct threat to A. eggersiana. other factors. Section 4(b)(1)(A) of the Rothenberger et al. (2008, p. 68) Act requires the Service to take into indicated that the lack of management Gonocalyx concolor and Varronia account, ‘‘those efforts, if any, being and enforcement capacity continues to rupicola made by any State or foreign nation, or be a significant challenge for the USVI, No insect pest or predation of any political subdivision of a State or because enforcement agencies are individuals of Gonocalyx concolor or foreign nation, to protect such chronically understaffed and territorial Varronia rupicola has been documented species. . . .’’ In relation to Factor D resource management offices experience

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significant staff turnover, particularly natural heritage (DNR 1988, p.1). (DNER 2004a, p. 13). However, during administration changes. Currently, Gonocalyx concolor and individuals of Gonocalyx concolor have Based on the above, although there is Varronia rupicola are considered as been affected by maintenance activities a regulatory mechanism that protects critical elements by the DNER Natural of existing communication facilities, Agave eggersiana on St. Croix, we Heritage Program. The Law No. 150 making implementation of this consider that the enforcement of the does not provide penalties for actions regulation a challenging task (see mechanism is inadequate. that may adversely affect critical discussion under Factor A, above, and elements; however, the law triggers Factor E, below). Gonocalyx concolor and Varronia other Commonwealth laws and In 2004, DNER approved Regulation rupicola regulations, such as Law No. 133 and 6766 to regulate the management of Federal Regulation No. 6769 (see below), that threatened and endangered species in provide protection to critical elements. the Commonwealth of Puerto Rico One of the currently known The Carite and Gua´nica (‘‘Reglamento para Regir el Manejo de populations of Varronia rupicola lies Commonwealth Forests are protected by las Especies Vulnerables y en Peligro de within the Vieques NWR (Puerto Ferro Law No. 133 (12 L.P.R.A. sec. 191), Extincio´n en el Estado Libre Asociado population). Collecting and managing 1975, as amended, known as the Puerto de Puerto Rico’’). Article 2.06 of plant material (including seeds) within Rico Forest Law (‘‘Ley de Bosques de Regulation 6766 prohibits collecting, a national wildlife refuge are regulated Puerto Rico’’), as amended in 2000. cutting, and removing, among other and require a permit from the refuge Section 8(A) of Law No. 133 prohibits activities, listed plants within the manager (FWS Form 3–1383–R). The cutting, killing, destroying, uprooting, jurisdiction of Puerto Rico. Gonocalyx National Wildlife Refuge System extracting, or in any way damaging any concolor and Varronia rupicola are not Administration Act of 1966 (16 U.S.C. tree or vegetation within a included in the list of protected species 668dd–668ee, as amended by the Commonwealth forest without under Regulation 6766. However, as National Wildlife Refuge System authorization of the Secretary of the indicated above, Law No. 241 provides Improvement Act of 1997) provides DNER. Although management plans for protection to all wildlife species guidance for management and public Commonwealth forests include the (including plants) under use of the refuge system. protection and conservation of species Commonwealth jurisdiction, even those Commonwealth classified under DNER regulations as on private lands. critical element, endangered, or Local Ordinances In 1999, the Commonwealth of Puerto threatened, on occasions the location of Rico approved the Law No. 241, also such species in the forests makes On the island of Anegada, there are known as New Wildlife Law of Puerto enforcement of these regulations a various conservation and education Rico (‘‘Nueva Ley de Vida Silvestre de difficult task. As previously mentioned, efforts taking place for the protection of Puerto Rico’’). The purpose of this law Gonocalyx concolor and Varronia rare plant and animal species (Wenger is to protect, conserve, and enhance rupicola are located adjacent to trails, et al. 2010, p. 8). However, we are both native and migratory wildlife near access roads, and below power unaware of any formal regulatory species, including plants; declare all lines, where they are susceptible to mechanism for protecting Varronia wildlife species within its jurisdiction maintenance practices. According to rupicola. On November 3, 1999, a as property of Puerto Rico; and regulate DNER forest managers, on several portion of western Anegada (2,646 ac permits, hunting activities, and occasions, coordination between forest (1,071 ha)) was designated as a Ramsar nonnative species, among others. personnel and field staff from PREPA site and added to the List of Wetlands However, as we mentioned above under has not been effective to avoid damaging of International Importance (Western the Factor A discussion, some species protected by Commonwealth Salt Ponds of Anegada). A portion of the individuals of Gonocalyx concolor and laws, including V. rupicola and G. preferred limestone habitat of V. Varronia rupicola have been pruned, concolor (M. Canals, DNER, pers. comm. rupicola lies within this site, which is and in some cases eliminated, as result 2008; H. Serrano-Delgado, DNER, pers. owned by the British government. of unauthorized activities such as comm. 2013). Although this designation does not vegetation removal within the In 2004, the Commonwealth of Puerto necessarily provide legal protection Commonwealth Forest (O. Monsegur, Rico adopted Regulation No. 6769, status, the purpose of Ramsar sites is to UPRM, unpubl. report, 2006, p. 1) and Regulation of Special Permits for the ensure the perpetuation of ecological within privately owned lands Use of Communications and Buildings functions of those sites by means of a (Monsegur and Breckon 2007, p. 6). Associated to Electronic Systems of wise-use approach. Therefore, we believe that protection Communication within Commonwealth Summary of Factor D provisions under the Law No. 241 are Forests in Puerto Rico (‘‘Reglamento de not being appropriately enforced. Permisos Especiales para Uso de Agave eggersiana, Gonocalyx In 1998, the Commonwealth of Puerto Comunicaciones y Edificaciones concolor, and Varronia rupicola and Rico approved the Commonwealth Law Asosiadas a Sistemas Electro´nicos de their habitats are partially protected by No. 150, known as Puerto Rico Natural comunicacio´n en los Bosques Federal, Commonwealth, Territory, and Heritage Law (Ley del Programa de Estatales’’), which provides guidance for local regulations. However, after Patrimonio Natural de Puerto Rico). The the installation and maintenance of evaluating the information available on purpose of the Law No. 150 is to create telecommunication facilities within the implementation of the existing laws, the DNER Natural Heritage Program. Commonwealth forests and for the we determined those regulatory This program has the responsibility to protection of natural resources. Article mechanisms do not provide adequate identify and designate as critical 7(d) of this regulation states that during protection to the species. The elements some rare, threatened, or installation, operation, and maintenance enforcement of existing laws has not endangered species that should be of telecommunication facilities, been effective, because harming or considered for conservation, because of conservation measures should be taken injuring (mowing or pruning) Agave their contribution to biodiversity and to avoid or minimize impacts on species eggersiana has been reported. In because of their importance to the protected by DNER and Federal agencies addition, the implementation and

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enforcement of effective measures to pers. obs., 2013). On the island of could modify the landscape by protect individuals of V. rupicola Anegada, numerous invasive plants promoting nonnative trees and grasses, located adjacent to existing trails and have been documented in the town of and by diminishing the seed bank of below power lines within The Settlement, three of which have native species (Brandeis and Woodall Commonwealth forests have not been been observed moving towards natural 2008, p. 557). In some cases, fires may effective. The same problem has habitats (McGowan et al. 2006, p. 4), maintain extensive areas of young forest occurred with G. concolor during further promoting the risk of wildfires and grasslands, slowing the recovery of maintenance of communication towers. that can affect V. rupicola. ecosysems and, therefore, impairing the Additionally, it is important to note that With respect to Agave eggersiana, the delivery of ecosystem services (Brandeis enforcement on private lands continues populations at Protestant Cay, Gallows and Woodall 2008, p. 557). For example, to be a challenge, as accidental damage Bay, and Great Pond are surrounded by the nonnative Megathyrsus maximus is or extirpation of individuals has dense stands of different species of well adapted to fires and typically occurred due to lack of knowledge of Sansevieria, an herb native to Africa. colonizes areas that were previously the species by private landowners. This invasive species seems to be covered by native vegetation. occupying the ecological niche adjacent Furthermore, the presence of this Factor E. Other Natural or Manmade to known populations of A. eggersiana species increases the amount of fuel and Factors Affecting Their Continued (O. Monsegur, Service, pers. obs., 2013). the intensity of fires. Therefore, damage Existence This invasive species can constrain the caused by fires to the ecosystems, Invasive Species number of individuals of A. eggersiana particularly to juvenile plants, might be and reduce the species’ limited irreversible. Invasive plant species can affect populations even more. native ecosystems at three levels: the Varronia rupicola and Agave eggersiana genetic level, where the number of Gonocalyx concolor Human-induced fires may lead to individuals of native species can be Invasive, native plants, such as the destruction of the native vegetation seed reduced below the minimum necessary ferns Gleichenella pectinata and bank and may create conditions for persistence; the species diversity Sticherus bifidus, may invade and alter favorable for the establishment of level, where the number of species diverse native communities, often nonnative plant species adapted to fires present and their distribution can be resulting in plant monocultures that (e.g., Leucaena leucocephala and reduced; and the ecosystem level, where support few wildlife species (Walker et Megathyrsus maximus) that may the functioning of the ecosystem can be al. 2010, p. 627). These ferns can outcompete Varronia rupicola and changed (Rippey et al. 2002, p. 170). colonize disturbed areas faster than Agave eggersiana. Furthermore, the Nonnative species can be very other native plants and may grow into presence of M. maximus and other grass aggressive and compete with native dense mats, thereby excluding native species increases the amount of fuel and species for sunlight, nutrients, water, plants (Walker et al. 2010, p. 634). the intensity of fires that may affect and ground cover. Once established, Additionally, the mats formed by these endemic populations. Seedling these nonnative species typically species serve as fuel for fires and, in mortality after fires is related to the dominate the landscape, and the novel fact, seems to be fire-tolerant. The differences on fuel loads and the forest is characterized by a decrease in invasive, nonnative grass Pennisetum different fire intensities (Santiago-Garcı´a the number of endemics (Lugo and purpureum (elephant grass) is a fire- et al. 2008, p. 607). The V. rupicola Helmer 2003, p. 145). The impacts of adapted species that, in dense growth, populations that occur along the invasive species are among the greatest can suppress most grasses, herbs, and municipalities of Yauco, Pen˜ uelas, and threat to the persistence of native rare tree seedlings (J. K. Francis, ITF, Ponce are susceptible to forest fires, species and their habitats (Thomson internet data, 2013). particularly on private lands where fires 2005, p. 615). These invasive ferns and grass are are accidentally or deliberately ignited. currently found occupying areas Evidence of recent fires within the Varronia rupicola and Agave eggersiana disturbed by fire, landslides, and road habitat and adjacent to known Although invasive plant species have construction in Cerro La Santa, and populations of V. rupicola in Pen˜ uelas not been documented as a current threat have the potential to affect Gonocalyx and Ponce have been observed by to Varronia rupicola, they may become concolor by increasing fire incidences, Service biologist Omar Monsegur (2011 so in the future. Studies conducted microclimate, and nutrient cycling of and 2013). Varronia rupicola within the Gua´nica Commonwealth the habitat on which this species populations within the Gua´nica Forest indicate that some nonnative tree depends. At present, we have no Commonwealth Forest may be species (e.g., Leucaena leucocephala) information about the competitive protected, as this conservation area has can persist as a dominant canopy abilities of G. concolor in such a an active fire control program (M. species for at least 80 years (Wolfe 2009, situation. Therefore, the effect of Canals, DNER, pers. comm. 2008). p. 2). The same is expected to occur invasive species within the G. concolor Nonetheless, Miguel Canals, Gua´nica with nonnative grass species (e.g., habitat should be considered a threat to Commonwealth Forest Manager, Megathyrsus maximus). These invasive the species. indicates that fires still occur in the species may invade recently disturbed forest, particularly on the periphery (naturally or by human impacts) areas Human-Induced Fires along roads (Canals, DNER, pers. comm. and occupy the suitable habitat of V. Fire is not a natural event in 2008). Moreover, accidental fires have rupicola. Despite the quality and overall subtropical dry or moist forests in been reported below the PREPA power diversity of the habitat that harbors V. Puerto Rico and the U. S. Virgin Islands. lines adjacent to known populations of rupicola populations in the southern The vegetation in the Caribbean is not V. rupicola. coast of Puerto Rico, recent adapted to fires, because this On the island of St. Croix, human- developments and habitat fragmentation disturbance does not naturally occur on induced fires are also frequently have served as corridor for invasive these islands (Brandeis and Woodall reported, and most of them appear to species (e.g., right-of-way for the former 2008, p. 557; Santiago-Garcı´a et al. have been originated close to existing Gasoducto Sur; O. Monsegur, Service, 2008, p. 604). Human-induced fires roads (Chakroff 2010, p. 41). Estate

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Granard, Estate Jack’s Bay, and Estate and composition of plant communities individuals. This may explain the low Isaacs Bay are among the areas in the Caribbean islands (Van Bloem et number of intermediate-sized, identified as fire hotspots (Chakroff al. 2003, p. 137; Van Bloem et al. 2005, nonreproductive individuals of V. 2010, p. 42). One of the extant p. 572; Van Bloem et al. 2006, p. 517; rupicola observed in Gua´nica and populations of Agave eggersiana is Lugo 2000, p. 245). Hurricanes can Ponce, when compared to the high found on Estate Granard, and Jack’s Bay produce sudden and massive tree numbers of young seedlings (Omar A. and Isaacs Bay Estates are within the mortality, which is variable among Monsegur, Service, pers. obs. 2013). historical range for the species. In fact, species (Lugo 2000, p. 245). As On the island of Anegada, climate- from 2006 to 2009, there were between endemics to the Caribbean, Varronia induced sea-level rise could lead to the 1 and 6 fires in these estates (Chakroff rupicola, Agave eggersiana, and extirpation of Varronia rupicola. The 2010, p. 42). Human-induced fires Gonocalyx concolor would be expected preferred habitat of this species on that particularly threaten the A. eggersiana to be well adapted to tropical storms island is in lower elevations, and more population at Great Pond due to the and the prevailing environmental than 40 percent of the island is less than abundance of nonnative grasses in this conditions in this geographical area. 9.8 ft (3 m) above sea level (Wenger et area. Service’s personnel in St. Croix However, the resilience of rare and al. 2010, p. 8). Similarly, Agave just documented a wild fire affecting the endangered native species populations eggersiana occurs very close to beach population of melanocarpa may be limited or constricted by the areas in coastal areas. At least two A. (Claudia Lombard, Service, pers. comm. reduced number of populations and eggersiana populations are located on a 2013). This population is located less individuals, making the populations coastal cliff, susceptible to coastal than 0.3 mi (0.5 km) from the A. vulnerable to stochastic events. erosion and landslides. Therefore, we eggersiana population at Manchenil believe that cyclonic surges and coastal Varronia rupicola and Agave eggersiana Bay. erosion associated with hurricanes may The reduced number and small size of significantly affect the populations Gonocalyx concolor Varronia rupicola and Agave eggersiana located along the coastal areas of St. Human-induced fire is also a current populations in Puerto Rico and St. Croix (i.e., Manchenil Bay, South Shore, threat to Gonocalyx concolor at Cerro La Croix, respectively, make these species Cane Garden, Vagthus Point, and Santa. Areas adjacent to (less than 33 ft susceptible to hurricanes impacts (e.g., Protestant Cay), due to their proximity (10 m) from) a population of this species extirpation). In the case of A. to cliffs and the shoreline. have been affected by such fires (O. eggersiana, the impacts may be Monsegur, UPRM, unpubl. data, 2006). exacerbated by the reproductive biology Gonocalyx concolor Fire effects could accelerate the of the species (i.e., the species depends The limited distribution and low colonization of invasive plants and on asexual reproduction, plants dying number of populations (3) and change the vegetation composition of after flowering, and limited dispersal of individuals (172 historically reported) Cerro La Santa (see discussion under bulbils). Therefore, impacts to a of this species may exacerbate its Factor A, above). Currently, Pennisetum population may compromise its natural vulnerability to natural events such as purpureum, a nonnative grass, is recruitment. In addition, for V. rupicola, hurricanes and landslides, and occupying these areas, making them a severe hurricane could result in compromise its continued existence. vulnerable to human-induced fires. extensive defoliation and could cause Damage to higher elevation forested During the dry season (March through stem damage. habitat is usually greater during May), the fern Gleichenella pectinata, Populations of Varronia rupicola may hurricane events (Weaver 2008, p. 150). and other fern species that have be threatened by climate change, which Gonocalyx concolor is extremely colonized landslides and roadsides, is predicted to increase the frequency vulnerable due to its habitat form dense mats of dry material that and strength of tropical storms and can requirements and the fact that it is serve as fuel for fires. Although Cerro La cause severe droughts (Hopkinson et al. usually found growing on the canopy of Santa is located in the wet forest, fires 2008, p. 260). Rather than assessing the tallest trees in Cerro La Santa and still occur in the area, particularly along climate change as a single threat, we Charco Azul. The species is usually roads, during the dry season (C. examined the potential consequences to associated to old trees with abundant Pacheco, USFWS, pers. obs. 2013). Due species and their habitats that arise from vines and epiphytes that provide to the small size of G. concolor changes in environmental conditions horizontal structure for the colonization populations and their proximity to areas associated with various aspects of of the species (probably a habitat susceptible to human-induced fires, the climate change. For example, climate- requirement for the germination of Service considers habitat modification related changes to habitats or conditions seeds). Hurricane winds often lead to by fires as a threat to the species. that exceed the physiological tolerances tree defoliation, loss of small and large of a species, occurring individually or in branches, and uprooting, resulting in Hurricanes and Climate Change combination, may affect the status of a damage to adjacent trees and understory The islands of the Caribbean are species. In fact, vulnerability to climate vegetation. As a result, gaps are frequently affected by hurricanes. The change impacts is a function of produced in the vegetation, causing U.S. Virgin Islands have been hit by five sensitivity, exposure, and adaptive temporary changes in the understory major hurricanes in recent years: Hugo capacity of species (IPCC 2007, p. 89; microclimate due to high light levels (1989), Luis and Marilyn (1995), Lenny Glick and Stein 2010, p. 19). For and temperature (Walker et al. 2010, p. (1999), and Omar (2008). Examples of instance, severe droughts may 626). Therefore, damage to the forest the visible effects of hurricanes on the compromise seedling recruitment, as canopy may result in a direct impact to ecosystem include massive defoliation, they may result in deaths of small individuals of G. concolor that may fall snapped and wind-thrown trees, large plants, or may compromise the viability to the ground and probably be debris accumulations, landslides, debris of seeds. Despite the wide distribution outcompeted by pioneer plant species flows, altered stream channels, and of V. rupicola and the number of that get established during early transformed beaches (Lugo 2008, p. populations, the number of individuals successional stages after hurricanes. 368). Successional responses to per population may be too low to The recovery of elfin forest vegetation hurricanes can influence the structure sustain a positive recruitment of after hurricanes is usually slow, and the

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early regeneration process is dominated about its reproductive capacity, Climate change may exacerbate these by a few species (Weaver 2008, p. 150). recruitment, and genetic variation. The habitat threats by increasing the Furthermore, in the absence of low number of individuals per frequency of fires, droughts, and knowledge of the reproductive capacity population of a monoecious species hurricanes, but to an unknown extent. and ecological requirements of (both sexes in the same flower), like G. Gonocalyx concolor, it is difficult to concolor, suggests it has highly Gonocalyx concolor predict its recovery after natural events specialized ecological requirements, The primary threats to Gonocalyx production of viable seeds rarely occurs, such as hurricanes and tropical storms, concolor are its limited distribution and or there is a pollinator limitation. particularly when the frequency and highly specialized ecological intensity of these weather events is Despite the ongoing monitoring of the requirements. Other potential threats expected to increase with climate known population of G. concolor, no include low reproductive capacity, change. seedling recruitment has been observed The habitat where Gonocalyx in the wild. Knowing the phenology of possible low genetic variation, effects of concolor occurs is susceptible to a plant showing limited distribution is vegetation management, hurricanes and landslides during rain events mostly important in understanding the species’ landslides, human-induced fire, and associated with tropical storms and biology and ecology, such as the timing climate change. G. concolor is hurricanes. Sometimes rainfall reaches of flowering, fruiting, germination and susceptible to hurricanes, landslides, 24 in (60 cm) in a single storm event, subsequent growth, and accumulation of and human-induced fire because it is causing floods and interacting with biomass in the field (Ruml and Vulic confined to geographically small areas. topography and geologic substrate to 2005, p. 218). Additionally, given the Invasive species and climate change are induce mass wasting events (e.g., extremely limited geographic potential threats that may be expected landslides; Lugo 2000, p. 246). In 1998, distribution of G. concolor, it is likely in the future. G. concolor could be during Hurricane Georges, a landslide that its genetic variability is low. negatively affected by the increasing adversely affected approximately 2 ac In the case of Agave eggersiana, its intensity and frequency of hurricanes (0.8 ha) of elfin forest at Cerro La Santa reproductive biology is characterized by and tropical storms, environmental (Hecsor Serrano-Delgado, DNER, pers. its dependence on asexual reproduction effects resulting from changing climatic comm. 2013). A massive landslide in (i.e., bulbils). Current evidence suggests patterns. Any disturbance of vegetation the area where the species occurs would that the wild and cultivated populations along the road and around the not only take out individuals of G. of A. eggersiana have minimum genetic telecommunication facilities (including concolor, but would also modify the variation. This would result in the loss landslides) where the species is found habitat necessary for the species and of alleles by random genetic drift, which may directly impact individuals and would limit the species’ ability to lead to conditions favoring the create conditions favorable for the respond to changes in the environment establishment of invasive and weedy establishment of invasive species that (Honnay and Jacquemyn, 2007, p. 824). vegetation that may permanently modify may alter (modify) G. concolor habitat. the habitat and outcompete G. concolor Conservation Efforts To Reduce Other (see invasive species discussion under Natural or Manmade Factors Affecting Varronia rupicola Factor E, above). As documented during Their Continued Existence Varronia rupicola is threatened Hurricane Georges, and based on the primarily by human-induced fires current conditions of the habitat at Varronia rupicola Cerro La Santa and Charco Azul, The staff from the Royal Botanical within its prime habitat. Habitat landslides are a current threat to this Garden (KEW) has developed a modification by urban development has species. As with Agave eggersiana and germination and cultivation protocol for promoted the invasion of its habitat by Varronia rupicola (see discussion Varronia rupicola. KEW is also nonnative plant species (e.g., grasses) above), overall impact and the conducting studies to determine the that are typically fire-adapted and, cumulative effects of climate change are genetic variation within and among therefore, increase the chances of fires also expected to have long-term adverse known populations, and the species’ by providing a higher fuel load in the effects on G. concolor. Gonocalyx reproductive biology and population ecosystem. Evidence of recent fires has concolor is considered a species with ecology, to develop a management plan been documented within the very specific ecological requirements for the species (Hamilton, KEW, pers. municipalities of Pen˜ uelas and Ponce in and that occupies biological islands comm. 2012). Further preliminary areas close to V. rupicola, threatening (i.e., dwarf forests on high elevations of germination experiments have been these natural populations. Overall, Puerto Rico). Thus, predicted changes conducted in Puerto Rico at the nonnative plants and fires may result in on the structure of the vegetation due to nurseries of the Gua´nica extirpation of populations of V. rupicola climate change may result in the Commonwealth Forest and the Cabo by killing individuals, limiting natural irreversible extirpation of the prime Rojo National Wildlife Refuge. The recruitment, or permanently modifying habitat for the species. Service is not aware of any habitat and conditions necessary for the conservations measure for Agave species’ establishment. Furthermore, Low Reproductive Capacity, Highly eggersiana or Gonocalyx concolor. due to the species’ limited numbers and Specialized Ecological Requirements, and Genetic Variation Summary of Factor E distribution, hurricanes may extirpate entire populations, and in the case of a Gonocalyx concolor and Agave Agave eggersiana highly fragmented habitat, hurricanes eggersiana Based on the above information and may further promote the invasion of Small and isolated populations of rare due to the reduced number of forest gaps by nonnative plant species plants often display reduced fitness as populations and individuals, we believe rather than native pioneers. Similarly, reduced reproductive output, seedling that Agave eggersiana is currently severe droughts resulting from climate performance, or pollen viability threatened by natural or manmade change may compromise the survival of (Holmes et al. 2008, p. 1031). In the case factors, including hurricanes, fires, and seedlings and diminish natural of Gonocalyx concolor, little is known competition with nonnative species. recruitment within wild populations.

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Cumulative Effects: Factors A through E to be a challenge (Factor D). Therefore, foreseeable future at a medium to high it is very likely that cumulative effects intensity. Agave eggersiana of these threats (e.g., poorly Based on our evaluation of the best The limited distributions and small implemented regulatory mechanisms available scientific and commercial population sizes of Agave eggersiana and habitat destruction) result in information on the species, the make this species very susceptible to limitation, or even local extirpation, of significant threats affecting Gonocalyx further habitat loss (Factor A), diseases V. rupicola populations. concolor and its habitat, as well as (Factor C), and competition with future potential threats, we have nonnative species (Factor E). Proposed Determination determined the species is currently in Hurricanes, human-induced fires, and Agave eggersiana danger of extinction throughout all of its climate changes (Factor E) exacerbate range. As a result, we find that G. Agave eggersiana is highly threatened current threats to the species. concolor meets the definition of an Furthermore, although the species is by limited habitat and habitat loss (e.g., endangered species. We find that a protected by territorial law, enforcement construction of roads, and residential threatened species status is not still is a challenge (Factor D), risking the and tourist developments and appropriate for G. concolor because the continued survival of the species. While landscaping (Factor A)) and the species is already very limited in these threats may act in isolation, it is potential for a disease to wipe out the numbers and distribution (i.e., it has a very likely that two or more of these limited populations (Factor C). In contracted range), and the threats are stressors (e.g., habitat loss and diseases) addition, agave is threatened by a high current and ongoing, occurring act simultaneously or in combination, possibility of commercial collection for rangewide, and expected to continue resulting in cumulative impacts to ornamental uses (Factor B), and into the future. populations of A. eggersiana. competition with invasive, nonnative plants, as well as hurricanes and Varronia rupicola Gonocalyx concolor human-induced fires, which are further Current evidence indicates that the The rarity and specialized ecological exacerbated by climate change (Factor majority of suitable habitat and known requirements of Gonocalyx concolor E). Due to lack of enforcement, existing populations of Varronia rupicola lie (Factor E) make this species extremely regulatory mechanisms are not within private lands in southern Puerto vulnerable to habitat destruction or adequately reducing these threats Rico (i.e., Yauco, Pen˜ uelas, and Ponce). modification (Factor A), and to other (Factor D). All of these threats currently These lands are subject to habitat natural or manmade factors, such as low occur rangewide and are likely to destruction or modification where reproductive capacity, possible low continue into the foreseeable future at a impacts to habitat and populations have genetic variation, invasive species, medium to high intensity. been documented. Furthermore, hurricanes, landslides, human-induced Based on our evaluation of the best populations located within the Gua´nica fires, and climate change, particularly available scientific and commercial Commonwealth Forest have been because it is confined to small information on the species, the affected by management practices, such geographical areas (Factor E). significant threats affecting Agave as trail and power lines maintenance Furthermore, implementation and eggersiana and its habitat, as well as (Factor A). Habitat destruction further enforcement of effective measures to future potential threats, we have results in the intrusion of nonnative protect G. concolor have not prevented determined the species is in danger of plant species that have the potential to impacts to the species (Factor D). extinction throughout all of its range. As outcompete V. rupicola and create Although the above mentioned threats a result, we find that A. eggersiana favorable conditions for fire (Factor E). may act in isolation, it is very likely that meets the definition of an endangered Furthermore, implementation and two or more of these stressors act species. We find that a threatened enforcement of regulatory mechanisms simultaneously or in combination (e.g., species status is not appropriate for A. to protect the species have not been hurricanes and landslides; fires and eggersiana because the species is very effective in reducing these threats, invasion of nonnative plant species), limited in numbers and in populations, particularly because enforcement on resulting in cumulative impacts to and because threats are current and private lands continues to be a populations of G. concolor, challenging ongoing, occurring rangewide, and challenge (Factor D). Some of these its recovery. expected to continue into the future. threats are occurring presently at a moderate level, and are likely to Varronia rupicola Gonocalyx concolor increase in the foreseeable future to a Varronia rupicola has a somewhat Gonocalyx concolor has a very limited high intensity. extended distribution in southern distribution. According to our We have carefully assessed the best Puerto Rico. However, the species is assessment, this species is threatened by scientific and commercial information represented by small and fragmented habitat destruction or modification available regarding the past, present, populations, and about half of them (Factor A) associated with maintenance and future threats to Varronia rupicola, occur within private lands subject to and potential expansion of and have determined that the species urban development, making the species telecommunication facilities, and to meets the definition of a threatened prone to destruction, modification, or other natural or manmade factors (i.e., species throughout all of its range. We curtailment of its habitat (Factor A). low reproductive capacity, possible low find that an endangered species status is Moreover, other natural or manmade genetic variation, invasive species, not appropriate for V. rupicola because factors such as invasive species, human- hurricanes, landslides, human-induced the species is not currently in danger of induced fires, hurricanes, and climate fires, and climate change (Factor E)). extinction, but likely will be in the change (Factor E) also pose threats to V. Due ineffective implementation and future. It has a wide distribution rupicola. Furthermore, implementation enforcement, existing regulatory throughout the Puerto Rican bank and enforcement of regulatory mechanisms are not adequately (geographical unit that includes the mechanisms to protect the species have reducing these threats (Factor D). All of main island of Puerto Rico, Vieques, not been effective, particularly because these threats currently occur rangewide Culebra, the USVI (excluding St. Croix) enforcement on private lands continues and are likely to continue into the and the island of Anegada)), has no

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germination problems, develops as Available Conservation Measures final recovery plan will be available on reproductive individuals in a relatively Conservation measures provided to our Web site (http://www.fws.gov/ short time period (1 to 2 years under species listed as endangered or endangered), or from our Caribbean nursery conditions), and is the subject threatened under the Act include Ecological Services Field Office (see FOR of propagation and conservation recognition, recovery actions, FURTHER INFORMATION CONTACT). protocols in development by the staff of requirements for Federal protection, and Implementation of recovery actions the Royal Botanical Garden (KEW). prohibitions against certain practices. generally requires the participation of a Therefore, the Service considers that V. Recognition through listing the species, broad range of partners, including other Federal agencies, States, Tribes, rupicola is a species with a high results in public awareness and nongovernmental organizations, recovery potential that meets the conservation by Federal, State, Tribal, businesses, and private landowners. definition of a threatened species. and local agencies; private Examples of recovery actions include organizations; and individuals. The Act habitat restoration (e.g., restoration of Significant Portion of the Range encourages cooperation with the States native vegetation), research, captive and requires that recovery actions be The Act defines an endangered propagation and reintroduction, and carried out for all listed species. The species as any species that is ‘‘in danger outreach and education. The recovery of protection required by Federal agencies of extinction throughout all or a many listed species cannot be and the prohibitions against certain significant portion of its range’’ and a accomplished solely on Federal lands threatened species as any species ‘‘that activities are discussed, in part, below. because their range may occur primarily The primary purpose of the Act is the is likely to become endangered or solely on non-Federal lands. To conservation of endangered and throughout all or a significant portion of achieve recovery of these species threatened species and the ecosystems requires cooperative conservation efforts its range within the foreseeable future.’’ upon which they depend. The ultimate on private and Commonwealth and A major part of the analysis of goal of such conservation efforts is the Territory lands. ‘‘significant portion of the range’’ recovery of these listed species, so that requires considering whether the threats If these species are listed, funding for they no longer need the protective recovery actions will be available from to the species are geographically measures of the Act. Subsection 4(f) of concentrated in any way. If the threats a variety of sources, including Federal the Act requires the Service to develop budgets, State programs, and cost share are essentially uniform throughout the and implement recovery plans for the species’ range, then no portion is likely grants for non-Federal landowners, the conservation of endangered and academic community, and to warrant further consideration. threatened species. The recovery nongovernmental organizations. In Based on the threats to Agave planning process involves the addition, pursuant to section 6 of the eggersiana and Gonocalyx concolor identification of actions that are Act, the Territory of the U.S. Virgin throughout their entire known ranges, necessary to halt or reverse the species’ Islands and the Commonwealth of we find that these species currently are decline by addressing the threats to its Puerto Rico would be eligible for in danger of extinction throughout all of survival and recovery. The goal of this Federal funds to implement their ranges, based on the severity and process is to restore listed species to a management actions that promote the scope of the threats described above. As point where they are secure, self- protection or recovery of Agave previously discussed, A. eggersiana and sustaining, and functioning components eggersiana, Gonocalyx concolor, and G. concolor are proposed for listing as of their ecosystems. Varronia rupicola. Information on our Recovery planning includes the endangered species, rather than grant programs that are available to aid development of a recovery outline threatened species, because the major species recovery can be found at: http:// shortly after a species is listed and threats are occurring now, and www.fws.gov/grants. preparation of a draft and final recovery additional threats will impact them in Although Agave eggersiana, plan. The recovery outline guides the the near term. The potential impacts to Gonocalyx concolor, and Varronia immediate implementation of urgent rupicola are only proposed for listing the species would be severe given their recovery actions and describes the limited known distribution, the small under the Act at this time, please let us process to be used to develop a recovery know if you are interested in population sizes at the remaining sites, plan. Revisions of the plan may be done participating in recovery efforts for this and the small area occupied by most of to address continuing or new threats to species. Additionally, we invite you to the populations. Because the threats the species, as new substantive submit any new information on this acting over the three species extend information becomes available. The species whenever it becomes available throughout their entire ranges, it is recovery plan identifies site-specific and any information you may have for unnecessary to determine if the species management actions that set a trigger for recovery planning purposes (see FOR are in danger of extinction throughout a review of the five factors that control FURTHER INFORMATION CONTACT). significant portion of their ranges. We whether a species remains endangered Section 7(a) of the Act requires find that the threats to Varronia or may be downlisted or delisted, and Federal agencies to evaluate their rupicola are a result of future methods for monitoring recovery actions with respect to any species that development and lack of regulatory progress. Recovery plans also establish is proposed or listed as an endangered mechanisms. These impacts are not a framework for agencies to coordinate or threatened species and with respect occurring now. Therefore, on the basis their recovery efforts and provide to its critical habitat, if any is of the best available scientific and estimates of the cost of implementing designated. Regulations implementing commercial information, we propose recovery tasks. Recovery teams this interagency cooperation provision listing A. eggersiana and G. concolor as (composed of species experts, Federal of the Act are codified at 50 CFR part endangered species, and V. rupicola as and State agencies, nongovernmental 402. Section 7(a)(4) of the Act requires threatened species, throughout their organizations, and stakeholders) are Federal agencies to confer with the ranges in accordance with sections 3(6) often established to develop recovery Service on any action that is likely to (endangered), 3(20) (threatened), and plans. When completed, the recovery jeopardize the continued existence of a 4(a)(1) of the Act. outline, draft recovery plan, and the species proposed for listing or result in

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destruction or adverse modification of It is our policy, as published in the sent to the address shown in the FOR proposed critical habitat. If a species is Federal Register on July 1, 1994 (59 FR FURTHER INFORMATION CONTACT section. listed subsequently, section 7(a)(2) of 34272), to identify to the maximum We will schedule public hearings on the Act requires Federal agencies to extent practicable at the time a species this proposal, if any are requested, and ensure that activities they authorize, is listed, those activities that would or announce the dates, times, and places of fund, or carry out are not likely to would not constitute a violation of those hearings, as well as how to obtain jeopardize the continued existence of section 9 of the Act. The intent of this reasonable accommodations, in the the species or destroy or adversely policy is to increase public awareness of Federal Register and local newspapers modify its critical habitat. If a Federal the effect of a proposed listing on at least 15 days before the hearing. action may affect a listed species or its proposed and ongoing activities within Required Determinations critical habitat, the responsible Federal the range of species proposed for listing. agency must enter into formal The following activities could Clarity of the Rule consultation with the Service. potentially result in a violation of We are required by Executive Orders Federal agency actions within the section 9 of the Act; this list is not 12866 and 12988 and by the species’ habitat that may require comprehensive: Presidential Memorandum of June 1, (1) Unauthorized collecting, handling, conference or consultation or both as 1998, to write all rules in plain possessing, selling, delivering, carrying, described in the preceding paragraph language. This means that each rule we or transporting of Agave eggersiana, include management and any other publish must: Gonocalyx concolor, or Varronia landscape-altering activities on Federal (1) Be logically organized; rupicola, including import or export lands administered by the U.S. Fish and (2) Use the active voice to address across State lines and international Wildlife Service (Vieques National readers directly; boundaries, except for properly Wildlife Refuge), and National Park (3) Use clear language rather than documented antique specimens of these Service (SARI and Buck Islands jargon; taxa at least 100 years old, as defined by Monument); issuance of section 404 (4) Be divided into short sections and Clean Water Act (33 U.S.C. 1251 et seq.) section 10(h)(1) of the Act; (2) Introduction of nonnative species sentences; and permits by the U.S. Army Corps of (5) Use lists and tables wherever Engineers; and construction and that compete with or prey upon Agave eggersiana, such as the introduction of possible. maintenance of roads or highways by If you feel that we have not met these the Federal Highway Administration. the nonnative agave snout weevil to the island of St. Croix, USVI; and requirements, send us comments by one The Act and its implementing of the methods listed in the ADDRESSES regulations set forth a series of general (3) The unauthorized release of biological control agents that attack any section. To better help us revise the prohibitions and exceptions that apply rule, your comments should be as to endangered and threatened plants. life stage of Agave eggersiana, Gonocalyx concolor, or Varronia specific as possible. For example, you The prohibitions of section 9(a)(2) of the should tell us the numbers of the Act, codified at 50 CFR 17.61, apply to rupicola. Questions regarding whether specific sections or paragraphs that are unclearly endangered plants. These prohibitions, activities would constitute a violation of written, which sections or sentences are in part, make it illegal for any person section 9 of the Act should be directed too long, the sections where you feel subject to the jurisdiction of the United to the Caribbean Ecological Services lists or tables would be useful, etc. States to import or export, transport in Field Office (see FOR FURTHER interstate or foreign commerce in the National Environmental Policy Act (42 INFORMATION CONTACT). course of a commercial activity, sell or U.S.C. 4321 et seq.) offer for sale in interstate or foreign Peer Review We have determined that commerce, or remove and reduce the In accordance with our joint policy on environmental assessments and species to possession from areas under peer review published in the Federal environmental impact statements, as Federal jurisdiction. In addition, for Register on July 1, 1994 (59 FR 34270), defined under the authority of the plants listed as endangered, the Act we will seek the expert opinions of at National Environmental Policy Act prohibits the malicious damage or least three appropriate and independent (NEPA), need not be prepared in destruction on areas under Federal specialists regarding this proposed rule. connection with listing a species as an jurisdiction and the removal, cutting, The purpose of peer review is to ensure endangered or threatened species under digging up, or damaging or destroying of that our listing determination is based the Endangered Species Act. We such plants in knowing violation of any on scientifically sound data, published a notice outlining our reasons State law or regulation, including State assumptions, and analyses. We have for this determination in the Federal criminal trespass law. It is also unlawful invited these peer reviewers to comment Register on October 25, 1983 (48 FR to violate any regulation pertaining to during this public comment period. 49244). plant species listed as endangered or We will consider all comments and References Cited threatened (section 9(a)(2)(E) of the Act). information we receive during the We may issue permits to carry out comment period on this proposed rule A complete list of references cited in otherwise prohibited activities during our preparation of a final this rulemaking is available on the involving endangered and threatened determination. Accordingly, the final Internet at http://www.regulations.gov species under certain circumstances. decision may differ from this proposal. and upon request from the Caribbean Regulations governing permits are Ecological Services Field Office (see FOR Public Hearings codified at 50 CFR 17.62 for endangered FURTHER INFORMATION CONTACT). plants, and at 17.72 for threatened Section 4(b)(5) of the Act provides for plants. With regard to endangered one or more public hearings on this Authors plants, a permit must be issued for the proposal, if requested. Requests must be The primary authors of this proposed following purposes: for scientific received within 45 days after the date of rule are the staff members of the purposes or to enhance the propagation publication of this proposed rule in the Caribbean Ecological Services Field or survival of the species. Federal Register. Such requests must be Office.

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List of Subjects in 50 CFR Part 17 50 of the Code of Federal Regulations, ■ 2. Amend § 17.12(h) by adding entries as set forth below: for Agave eggersiana, Gonocalyx Endangered and threatened species, concolor, and Varronia rupicola, in Exports, Imports, Reporting and PART 17—[AMENDED] alphabetical order under FLOWERING recordkeeping requirements, PLANTS, to the List of Endangered and Transportation. ■ 1. The authority citation for part 17 Threatened Plants to read as follows: continues to read as follows: Proposed Regulation Promulgation § 17.12 Endangered and threatened plants. Accordingly, we propose to amend Authority: 16 U.S.C. 1361–1407; 1531– * * * * * part 17, subchapter B of chapter I, title 1544; 4201–4245, unless otherwise noted. (h) * * *

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

FLOWERING PLANTS

******* Agave eggersiana ...... None ...... U.S.A. (VI) ...... Agavaceae ...... E NA NA

******* Gonocalyx concolor ...... None ...... U.S.A. (PR) ..... Ericaceae ...... E NA NA

******* Varronia rupicola ...... None ...... U.S.A. (PR); T NA NA British VI.

*******

* * * * * Council (Council). Newer and more • Mail: Submit written comments to Dated: September 3, 2013. efficient ELB units have been purchased Susan Gerhart, Southeast Regional Rowan W. Gould, by NMFS for the Gulf shrimp fleet and Office, NMFS, 263 13th Avenue South, are available for installation on Gulf St. Petersburg, FL 33701. Acting Director, U.S. Fish and Wildlife Service. shrimp vessels. If the framework action Instructions: Comments sent by any is implemented, the proposed changes other method, to any other address or [FR Doc. 2013–22742 Filed 10–3–13; 8:45 am] to the management measures would individual, or received after the end of BILLING CODE 4310–55–P include establishing a cost-sharing the comment period, may not be program to fund the ELB program. The considered by NMFS. All comments DEPARTMENT OF COMMERCE proposed changes would require NMFS received are a part of the public record to pay for the software development, and will generally be posted for public National Oceanic and Atmospheric data storage, effort estimation analysis, viewing on www.regulations.gov Administration and archival activities for the new ELB without change. All personal identifying units, and vessel permit holders in the information (e.g., name, address, etc.), 50 CFR Part 622 Gulf shrimp fishery to pay for confidential business information, or installation and maintenance of the new otherwise sensitive information [Docket No. 130710605–3605–01] ELB units and for the data transmission submitted voluntarily by the sender will RIN 0648–BD41 from the ELB units to a NOAA server. be publicly accessible. NMFS will The purpose of the proposed changes is accept anonymous comments (enter Fisheries of the Caribbean, Gulf of to ensure that management of the ‘‘N/A’’ in the required fields if you wish , and South Atlantic; Shrimp shrimp fishery is based upon the best to remain anonymous). Attachments to Fishery of the Gulf of Mexico; scientific information available and that electronic comments will be accepted in Establish Funding Responsibilities for bycatch is minimized to the extent Microsoft Word, Excel, or Adobe PDF the Electronic Logbook Program practicable. file formats only. Electronic copies of the framework AGENCY: National Marine Fisheries DATES: Written comments must be action, which includes a Regulatory Service (NMFS), National Oceanic and received on or before November 6, 2013. Atmospheric Administration (NOAA), Flexibility Act analysis and a regulatory Commerce. ADDRESSES: You may submit comments impact review, may be obtained from on the proposed changes to the ACTION: Proposed changes to the Southeast Regional Office Web site management measures, identified by management measures; request for at http://sero.nmfs.noaa.gov/ ‘‘NOAA–NMFS–2013–0127’’ by any of _ _ comments. sustainable fisheries/gulf fisheries/ the following methods: shrimp/index.html. SUMMARY: NMFS proposes to establish • Electronic Submission: Submit all Comments regarding the burden-hour funding responsibilities for an upgrade electronic public comments via the estimates or other aspects of the to the shrimp electronic logbook (ELB) Federal e-Rulemaking Portal. Go to collection-of-information requirements program as described in a framework www.regulations.gov/ contained in the proposed changes to action to the Fishery Management Plan #!docketDetail;D=NOAA-NMFS-2013- the management measures may be for the Shrimp Fishery of the Gulf of 0127, click the ‘‘Comment Now!’’ icon, submitted in writing to Anik Clemens, Mexico (FMP), as prepared by the Gulf complete the required fields, and enter Southeast Regional Office, NMFS, 263 of Mexico (Gulf) Fishery Management or attach your comments. 13th Avenue South, St. Petersburg, FL

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