[Federal Register: September 22, 2010 (Volume 75, Number 183)]
[Proposed Rules]
[Page 57720-57734]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se10-19]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket number FWS-R4-ES-2010-0051]
[MO 92210-0-0008-B2]
Endangered and Threatened Wildlife and Plants; 12-Month Finding
on a Petition to List Agave eggersiana (no common name) as Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 12-month petition finding.
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SUMMARY: We, the Fish and Wildlife Service (Service), announce a 12-
month finding on a petition to list the plant Agave eggersiana (no
common name) as endangered under the Endangered Species Act of 1973, as
amended (Act). After review of all available scientific and commercial
information, we find that listing A. eggersiana is warranted.
Currently, however, listing A. eggersiana is precluded by higher
priority actions to amend the Lists of Endangered and Threatened
Wildlife and Plants. Upon publication of this 12-month petition
finding, we will add A. eggersiana to our candidate species list. We
will develop a proposed rule to list A. eggersiana as our priorities
allow. We will make any determination on critical habitat during
development of the proposed listing rule. In any interim period the
status of the candidate taxon will be addressed through our annual
Candidate Notice of Review (CNOR).
DATES: The finding announced in this document was made on September 22,
2010.
ADDRESSES: This finding is available on the Internet at http://
www.regulations.gov at Docket Number [FWS-R4-ES-2010-0051]. Supporting
documentation we used in preparing this finding is available for public
inspection, by appointment, during normal business hours at the U.S.
Fish and Wildlife Service, Caribbean Ecological Services Field Office,
Road 301, Km. 5.1, Boquero[acute]n, Puerto Rico 00622. Please submit
any new information, materials, comments, or questions concerning this
species or this finding to the above internet address or the mailing
address listed under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Ms. Marelisa Rivera, Assistant Field
Supervisor, Caribbean Ecological Services Field Office, P.O. Box 491,
Boquero[acute]n, Puerto Rico 00622; by telephone at (787) 851-7297; or
by facsimile at (787) 851-7440. Persons who use a telecommunications
device for the deaf (TDD) may call the Federal Information Relay
Service (FIRS) at 800-877-8339.
Background
Section 4(b)(3)(A) of the Act (16 U.S.C. 1531 et seq.) requires
that, for any petition to revise the Federal Lists of Threatened and
Endangered Wildlife and Plants that contains substantial scientific or
commercial information that listing a species may be warranted, we make
a finding within 12 months of the date of receipt of the petition. In
this finding, we determine whether the petitioned action is: (a) Not
warranted, (b) warranted, or (c) warranted, but immediate proposal of a
regulation implementing the petitioned action is precluded by other
pending proposals to determine whether species are threatened or
endangered, and expeditious progress is being made to add or remove
qualified species from the Federal Lists of Endangered and Threatened
Wildlife and Plants. Section 4(b)(3)(C) of the Act requires that we
treat a petition for which the requested action is found to be
warranted but precluded as though resubmitted on the date of such
finding, that is, requiring a subsequent finding to be made within 12
months. We must publish these 12-month findings in the Federal
Register.
[[Page 57721]]
Previous Federal Actions
We identified Agave eggersiana as a category 2 candidate species in
the Notice of Review published in the Federal Register on September 30,
1993 (58 FR 51144) and subsequent publication. A category 2 species was
one for which the Service had information that proposing as endangered
or threatened may be appropriate but for which sufficient information
was not currently available to support a proposed rule. Designation of
category 2 species was discontinued in the February 28, 1996, Notice of
Review (61 FR 7596). This notice redefined candidates to include only
species for which we have information needed to propose them for
listing, and as a result, Agave eggersiana was removed from the
Candidate species list.
On November 21, 1996, we received a petition from the U.S. Virgin
Islands Department of Planning and Natural Resources (DPNR) requesting
that we list Agave eggersiana and Solanum conocarpum as endangered. On
November 16, 1998, we published in the Federal Register (63 FR 63659)
our finding that the petition to list A. eggersiana and S. conocarpum
presented substantial information indicating that the requested action
may be warranted and initiated a status review on these two plants. On
September 1, 2004, the Center for Biological Diversity filed a lawsuit
against the Department of the Interior and the U.S. Fish and Wildlife
Service (Service) alleging that the Service failed to publish a 12-
month finding for A. eggersiana and S. conocarpum (Center for
Biological Diversity v. Norton, Civil Action No. 1:04-CV-2553 CAP). In
a stipulated settlement agreement resolving that case, signed April 27,
2005, we agreed to submit our 12-month finding for A. eggersiana and S.
conocarpum to the Federal Register by February 28, 2006. On March 7,
2006, we published our 12-month finding (71 FR 11367) that listing of
A. eggersiana and S. conocarpum was not warranted. On September 9,
2008, the Center for Biological Diversity filed a complaint challenging
our 12-month finding (Center for Biological Diversity v. Hamilton, Case
No. 1:08-cv-02830 -CAP). In a settlement agreement approved by the
Court on August 21, 2009, the Service agreed to submit to the Federal
Register a new 12-month finding for A. eggersiana by September 17,
2010. This notice constitutes the 12-month finding on the 1996 petition
to list A. eggersiana as endangered.
Species Information
Taxonomy and Species Description
Agave eggersiana is a flowering plant of the family Agavaceae
(century plant family) endemic to the island of St. Croix in the U.S.
Virgin Islands. A. eggersiana was originally described in 1913 by
Trelease from material collected on St. Croix, and is distinguished
from other members of the Agavaceae family by its acaulescent (without
an evident leafy stem), non-suckering growth habit (vegetative
reproduction that does not form offshoots around its base), and fleshy,
nearly straight leaves with small marginal prickles (1.00 millimeter
(mm); 0.04 inches (in) long) that are nearly straight (Britton and
Wilson 1923, p. 156; Proctor and Acevedo-Rodri[acute]guez 2005, p.
118). Its flowers are deep yellow, 5 to 6 centimeters (cm) (1.95 to
2.34 in) long. After flowering, the panicles (inflorescence) produce
numerous small vegetative bulbs (bulbils), from which the species can
be propagated (Proctor and Acevedo-Rodri[acute]guez 2005, p. 118).
Avave eggersiana is not known to produce fruit. Furthermore, based on
observations of cultivated plants, Agave eggersiana requires at least
10 to 15 years to develop as a mature individual and to produce an
inflorescence (David Hamada, St. George Botanical Garden, 2010, pers.
comm.). Avave eggersiana like other Agave species are monocarpic,
meaning the plant dies after producing the spike or inflorescence.
Habitat and Distribution
Britton and Wilson (1923, p. 156) reported the species from
hillsides and plains in the eastern dry districts of St. Croix but did
not provide population estimates. In addition, Agave eggersiana is
cultivated on St. Croix and St. Thomas for ornament (Trelease 1913, p.
28; Britton and Wilson 1923, p. 156; Proctor and Acevedo-
Rodri[acute]guez 2005, p. 118). Information provided in the petition
(Kojis and Boulon, DPNR, 1996, pers. comm.) specified that the species
was last observed growing in the wild around 1984 to 1986 on St. Croix.
In 2003, DPNR stated that the species is believed to be extinct
(Plaskett 2003, pers. comm.; Dalmida-Smith 2010, pers. comm.). Proctor
and Acevedo-Rodri[acute]guez (2005, p. 118) provided a general
description of the species and they state that the species ``now
appears to be extinct in the wild.'' However, no citations or survey
information were provided to support this statement. Subsequently, in
2010, DPNR provided information based on field visits and reported the
existence of several populations in St. Croix (Dalmida-Smith 2010,
pers. comm.).
Current Status
Historically, Agave eggersiana was reported from the north coast in
Christiansted, St. Croix and along the south coast of the island. The
current distribution and rarity of the species do not represent the
historical range. Historically, sugar cane was the main crop on the
island and dominated the economy for nearly 200 years (Shaw, 1933, p.
414). Apparently, the former land use of the areas used for sugar cane
cultivation resulted in degradation of the species' habitat and nearly
extirpated the species from the wild. Sugarcane is no longer cultivated
on the island and the majority of the areas formerly used for sugarcane
plantations are currently grasslands and early secondary forests
dominated by the exotic tree Leucaena leucocephala (tantan).
In 2010, the Division of Fish and Wildlife of the DPNR (Dalmida-
Smith 2010, pers. comm.) conducted a local status review to determine
the extent of the populations of Agave eggersiana in St. Croix. They
reported five sites where the species was found; however, it is
uncertain if these populations are natural populations (individuals
that come from wild populations) or if the populations consist of
individuals that escaped from landscaping. The five reported sites are:
(1) Manchineel/ Ha'penny Beach (Southern St. Croix) with an estimated
30 individuals, which is approximately half the number of individuals
that they encountered 2 years before; (2) West side of Vagthus point
(Southern St. Croix ) with a single individual; (3) Gallows Bay
(Northern St. Croix) with several plants but no approximate number was
mentioned; (4) Protestant Cay (Northern St. Croix) with an estimated 30
individuals, including a number of young plants; and (5) Ruth Island
(Southern St. Croix) with a single individual that was introduced to
the cay many years ago. However, the exact year of this introduction is
unknown.
In February 2010, Service biologists conducted surveys of Agave
eggersiana on St. Croix. In their 2010 surveys, Service biologists
visited seven of the ten currently known populations (Table 1). They
did not survey the two areas where a single individual has been
reported (Ruth Island and West Vagthus point) or Buck Island Reef
National Monument, where individuals have been planted and recent
survey information exists. Based on their characteristics (growing
mixed with native vegetation, evidence of natural recruitment and the
presence of
[[Page 57722]]
different size classes), these surveys indicate that the species
currently occurs in six areas that appear to be remnants of wild
populations. Four localities (Buck Island Reef National Monument, Salt
River Bay, Ruth Island, and Lagoon Picnic Area) contain individuals
that were planted in recent years.
Table 1. Currently known populations of Agave eggersiana on St. Croix.
----------------------------------------------------------------------------------------------------------------
Estimated of
Locality Category Adult Individuals Source of Information
----------------------------------------------------------------------------------------------------------------
Manchineel / Ha'penny Beach Wild 25-30 Dalmida-Smith 2010,
pers. comm.; Monsegur
and Vargas 2010,
unpublished data
----------------------------------------------------------------------------------------------------------------
West Vagthus point Wild 1 Dalmida-Smith 2010.
pers. comm.
----------------------------------------------------------------------------------------------------------------
Gallows Bay Wild 2-3 David Hamada. 2010,
pers. comm.; Monsegur
and Vargas 2010,
unpublished data.
----------------------------------------------------------------------------------------------------------------
Protestant Cay Wild 30-51 + 60 bulbils Dalmida-Smith 2010,
pers. comm.; Monsegur
and Vargas 2010,
unpublished data
----------------------------------------------------------------------------------------------------------------
Ruth Island Introduced* 1 Dalmida-Smith 2010,
pers. comm.
----------------------------------------------------------------------------------------------------------------
Great Pond Wild 76 + 50 bulbils Monsegur and Vargas
2010, unpublished
data; Plaskett 2003.
pers. comm.
----------------------------------------------------------------------------------------------------------------
South Shore Wild 100 + 150 bulbils Monsegur and Vargas
2010, unpublished
data.
----------------------------------------------------------------------------------------------------------------
Salt River Bay Introduced** 6 Monsegur and Vargas
2010, unpublished
data.
----------------------------------------------------------------------------------------------------------------
Buck Island National Monument Introduced* 5 Monsegur and Vargas
2010, unpublished
data.
----------------------------------------------------------------------------------------------------------------
Lagoon Picnic Area Landscape 177 Monsegur and Vargas
2010, unpublished
data.
----------------------------------------------------------------------------------------------------------------
Total 450 +260 bulbils .......................
----------------------------------------------------------------------------------------------------------------
* Introduced by DPNR for conservation.
** Introduced by NPS for education and outreach.
The eight localities containing multiple Agave eggersiana plants
are described as follows:
(1) Gallows Bay (private property) has several individuals that are
considered by local experts as a remnant of a natural population (David
Hamada 2010, pers. comm.). Historical documents and illustrations show
that Agave eggersiana was common on the landscape of Gallows Bay (David
Hamada 2010, pers. comm.).
(2) Protestant Cay (owned by the government but leased to a private
party), has an estimated population of 51 adult individuals of
different sizes and about 60 bulbils.
(3) Ha'penny Beach (private property), has an estimated population
of 25 individuals of different size classes; one of the plants was
found flowering during the site visit conducted by the Service in 2010.
(4) Great Pond (managed by the Department of Housing, Parks and
Recreation) has a healthy population of A. eggersiana with different
size plants and evidence of recent flowering events. This population is
located near Great Pond, an area where it was suspected that
descendants from wild plants may have existed (Plaskett 2003, pers.
comm.).
(5) South Shore (private property), has a population of about 100
adult individuals and about 150 bulbils, all growing on small terraces
at a rocky cliff. This population is actively flowering and it was
noted that some of the bulbils are reaching the sea, suggesting a
possible dispersal mechanism for the species.
(6) Salt River Bay National Historic Park and Ecological Preserve
(SARI) (managed by the National Park Service (NPS)) has six individual
plants. In 2007, personnel from the NPS planted these individuals at
Salt River as part of the landscape with the idea of establishing a
population at the site and for outreach purposes. At the time of the
survey, five of these plants were producing spikes and were expected to
produce bulbils within the following months (Monsegur and Vargas,
USFWS, 2010, unpublished data). Based on information provided by
personnel from NPS, additional propagation efforts with the species are
planned in the near future (Lundgreen 2010, pers. comm.).
(7) Buck Island Reef National Monument (managed by the NPS) has an
estimated population of five individuals. In 2007, personnel from NPS
planted these five individuals on the island, but at present time there
is no information regarding the breeding condition of these plants
(Lundgreen 2010, pers. comm.).
(8) Lagoon Picnic Area (a public beach area that seems to be under
a reforestation effort funded by the Antilitter and Beautification
Commission) harbors about 177 plants as part of the landscape. The size
of the individuals in this area ranges from small planted bulbils to a
few adult individuals ready to flower. Based on the information
gathered and observations, about 450 adult individuals and 260 bulbils
are currently known in 10 localities, including 6 populations that are
considered wild, 3 introduced populations for conservation and public
education, and 1 landscape population (Table 1). In addition to these
localities, Monsegur and Vargas (2010, personal observation) documented
the species presence in private gardens scattered throughout the
island. We estimate about 90 adult individuals are present in these
private gardens.
At the present time, information on ecology, phenology, and
genetics for Agave eggersiana is lacking. Samples of A. eggersiana from
individuals in the Gallows Bay area have been collected for genetics
analysis, but results were not available prior to making this finding
(Ray 2010, pers. comm.).
[[Page 57723]]
Current evidence suggests that the wild and cultivated populations
have minimum genetic variation. Therefore, all A. eggersiana plants
(cultivated and wild) are included as part of the listable entity in
this finding; however, we have focused our assessment of threats to the
wild populations. Although data suggest that cultivated individuals
could be used as genetic stock to aid in the long-term survival of this
species, most cultivated populations are groomed to prevent recruitment
and thus offer minimal conservation contribution. We do not feel that
cultivated individuals propagated for private or commercial uses aid in
the conservation or the recovery of the species in the wild.
Summary of Information Pertaining to the Five Factors
Section 4 of the Act (16 U.S.C. 1533), and implementing regulations
(50 CFR 424), set forth procedures for adding species to the Federal
Lists of Endangered and Threatened Wildlife and Plants. Under section
4(a)(1) of the Act, a species may be determined to be endangered or
threatened based on any of the following five factors: (A) The present
or threatened destruction, modification, or curtailment of its habitat
or range; (B) overutilization for commercial, recreational, scientific,
or educational purposes; (C) disease or predation; (D) the inadequacy
of existing regulatory mechanisms; or (E) other natural or manmade
factors affecting its continued existence. In making this finding,
information pertaining to Agave eggersiana, in relation to the five
factors provided in section 4(a)(1) of the Act is discussed below.
In considering what factors might constitute threats to a species,
we must look beyond the exposure of the species to a factor to evaluate
whether the species may respond to the factor in a way that causes
actual impacts to the species. If there is exposure to a factor and the
species responds negatively, the factor may be a threat and we attempt
to determine how significant a threat it is. The threat is significant
if it drives, or contributes to, the risk of extinction of the species
such that the species warrants listing as endangered or threatened as
those terms are defined in the Act.
Factor A: The Present or Threatened Destruction, Modification, or
Curtailment of the Species' Habitat or Range
Of the currently known populations, only three areas are managed
for conservation (Ruth Island, Salt River Bay, and Buck Island National
Monument), the remaining populations occur within privately owned lands
currently threatened by development or areas already developed and
managed as tourism and residential projects. Based on information
reported by the University of the Virgin Islands' Conservation Data
Center (http://cdc.uvi.edu), at least three of the populations
(Protestant Cay, Gallows Bay, and Ha'penny Beach) lie within areas
identified by the DPNR as high-density land use areas, which have a
higher susceptibility to development in the near future. Furthermore,
Weiss (2010, pers. comm.) identified two proposed development projects
within suitable habitat for the species (C&R Robin, LLC and Seven Hills
Beach Resort and Casino). Based on the field assessment conducted by
Service biologists, the coastal areas that harbor suitable habitat for
the species are currently subject to urban and tourist development
(Monsegur and Vargas 2010, personal observation).
The population at Protestant Cay seems to be affected by the use of
the area as a deposit for garden debris from a hotel that occupies the
majority of this small island (Monsegur and Vargas 2010, personal
observation). Since Agave eggersiana relies on asexual reproduction,
the species depends on the bulbils becoming established. Covering the
bulbils with debris may result in subsequent mortality of the bulbils
and lack of natural recruitment, thus affecting the long-term survival
of this population. Moreover, individuals located on the edges of the
population are pruned as part of the gardens' maintenance. This
practice may result in mortality or mutilation of individuals since the
species is monopodial (single growth axis). The population at
Protestant Cay is also threatened by competition with exotic plant
species. Individuals seem to be stressed due to competition with
exotics as what little undeveloped habitat is left is rapidly being
colonized by nonnative species (see Factor E).
The individuals located at Gallows Bay are within an area currently
developed as a residential complex with the potential for future
expansion, which may affect these individuals (Monsegur and Vargas
2010, personal observation). In addition, this area does not contain
additional habitat to allow the current population to expand. Remaining
forested areas surrounding this location are characterized by the
abundance of exotic species. Areas that could be used by bulbils to
become established are occupied by the exotic plant Sansevieria
cilindrica, a species that tends to form a complete cover of the
understory (see Factor E).
The areas adjacent to Ha'penny Bay on the south coast of St. Croix
harbor two of the known natural populations of Agave eggersiana
(Ha'penny Beach and South Shore). According to personnel from the DPNR
(Valiulis 2010, pers. comm.) these areas are advertised by realtors as
areas for tourism and residential development and, as previously
mentioned, are planned for high-density development. Furthermore, the
areas along the south coast that have not been developed are used for
cattle or hay production, minimizing the recovery of native vegetation
and, therefore, the habitat for A. eggersiana (Monsegur and Vargas
2010, personal observation). The development of tourist and residential
projects in these coastal areas may result in the extirpation of some
populations, or at the least, will reduce the chances of the
populations to expand or to colonize other areas. This is exacerbated
by the low potential for natural recruitment due to the small number of
populations and individuals.
The population of Great Pond is located between the entrance road
of the East End Marine Park office and a private property currently for
sale. The population seems to be healthy based on the presence of
different size plants and evidence of recent flowering events. It seems
that there is suitable habitat for the species in the area; however,
the area near the population is mowed and the access road limits the
expansion of the population's range. Furthermore, the area adjacent to
this population is a private property for sale. The possible use of the
area for residential or tourist development may affect the population;
owners will likely manage their properties as landscapes, which could
lead to land clearing, additional mowing, and other maintenance of
gardens. This could also lead to the introduction of exotics. Moreover,
the abundance of grassland areas and the dominance of the exotic
Megathyrsus maximus (guinea grass) in the area make the population
Agave eggersiana susceptible to human-induced fires (addressed in
Factor E). These exotic grasses are typically adapted to fire
conditions.
Based on the above information, we consider the present or
threatened destruction, modification, or curtailment of the species
habitat or range as a moderate but imminent threat to wild populations
of Agave eggersiana. The threats of possible construction developments
and current management of habitat of the populations may further limit
species
[[Page 57724]]
propagation and expansion in the foreseeable future.
Factor B: Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Agave eggersiana has been reported as a cultivar since it was
described as a species in 1913 (Trelease, 1913, p. 28); historically,
the majority of A. eggersiana found in St. Croix and St. Thomas were
from landscaped areas (Britton and Wilson 1923, p. 156; Plaskett 2003,
pers. comm.; Kojis and Boulon 1996, pers. comm.; Proctor and Acevedo-
Rodri[acute]guez 2005, p. 118; Acevedo-Rodri[acute]guez 2005, pers.
comm.). The species is currently distributed by the St. George
Botanical Garden for conservation and private landscaping purposes. A.
eggersiana is a commonly used ornamental species on the island, and
recent declines in the number of individuals at one population along
the coast of Ha'penny Bay are thought to be due to collection for
ornamental purposes (Dalmida-Smith 2010, pers. comm.; Valiulis 2010,
pers. comm.).
Based on the above, we consider the overutilization for commercial
and recreational purposes a moderate to low but imminent threat to wild
populations of the species. Although captively propagated Agave
eggersiana are available to residents for use in private gardens,
collection of wild individuals is a threat to the species, and we
expect it to continue to be a threat in the foreseeable future.
Factor C: Disease or Predation
The genus Agave is widely affected by the agave snout weevil
(Scyphophorus acupunctatus). This weevil has a wide distribution that
includes the Greater Antilles (Cuba, Jamaica and Hispaniola) (Vaurie
1971, p. 4). The larvae of this weevil feed on the starchy base of the
plant, increasing the risk of infestation by pathogens, such as a virus
or fungus, later resulting in the death of the plant (Vaurie 1971, p.
4). At this time, there is no information about the occurrence of the
agave snout weevil within the Puerto Rican Platform or the Lesser
Antilles where St. Croix is located. A small number of individuals of
A. eggersiana were observed with scarring along the borders of some
leaves (Monsegur and Vargas 2010, personal observation). It appears
that an insect or an arthropod larva may feed on the leaves; however,
the exact cause and the consequences of the scarring are unknown.
Nevertheless, this is important and it should be monitored as it might
be an indicator of a recently arrived pest to St Croix.
On Mona Island (Puerto Rico), feral pigs are known to uproot
juveniles and destroy the root system of Agave sisalana, to feed on the
root system or to use them as a water source (Saliva 1983, 1996,
personal observation). Since introduced pigs, donkeys, and goats have
been reported in St. Croix we cannot discard the possible predation of
A. eggersiana by these feral animals, particularly to young plants
within the populations. The absence of evidence of predation by these
species might be the result of the low number of populations of A.
eggersiana, their isolation, and the proximity of some of these
populations to human inhabited areas. However, at this time, there is
no evidence that donkeys, pigs, or goats constitute a specific threat
to any A. eggersiana populations.
Since the agave snout weevil has not been reported in St. Croix, we
do not consider disease as a threat to the species. Although there is
some evidence that insect or arthropod larvae may feed on the leaves of
Agave eggersiana, there is no evidence that this is negatively
impacting the species' ability to grow or reproduce. In addition, we
have no evidence of grazing on A. eggersiana by introduced donkeys,
pigs, or goats. Therefore, we do not find disease or predation to be a
current threat to the species.
Factor D: The Inadequacy of Existing Regulatory Mechanisms
The Territory of the U.S. Virgin Islands currently considers Agave
eggersiana to be endangered under the Virgin Islands Indigenous and
Endangered Species Act (V.I. Code, Title 12, Chapter 2), and has
amended an existing regulation (Bill No. 18-0403) to provide for
protection of endangered and threatened wildlife and plants by
prohibiting the take, injury, or possession of indigenous plants. Based
on the number of individuals currently used for private gardens and
current landscape practices in private areas, such as pruning and
mowing of populations, we believe that protection provisions under the
local regulation are not being appropriately enforced. Rothenberger et
al. (2008, p. 68) mentioned that the lack of management and enforcement
capacity continues to be a significant challenge for the USVI since
enforcement agencies are chronically understaffed and territorial
resource management offices experience significant staff turnover,
particularly during administration changes.
Based on the information above, we consider the inadequacy of
existing regulatory mechanisms as a current threat to the species due
to a lack of enforcement. Because at least three populations exist in
areas managed for conservation and public outreach, we consider this
threat to be moderate to low in magnitude but imminent. We do not
anticipate any regulatory or enforcement changes that would reduce this
threat in the foreseeable future.
Factor E: Other Natural or Manmade Factors Affecting the Continued
Existence of the Species
The islands of the Caribbean are frequently affected by hurricanes.
It has been suggested that hurricanes are responsible for shaping and
modifying the structure and composition of the vegetation in the
Caribbean (Van Bloem et al. 2003, p. 137; Van Bloem et al. 2005, p.
572; Van Bloem et al. 2006, p. 517). As an endemic species to the
island of St. Croix, Agave eggersiana would be expected to be well
adapted to tropical storms. However, the low number of individuals
found on the island and the reproductive biology of the species
(dependence on asexual reproduction and the plant dying after
flowering) increases the likelihood of stochastic events such as
hurricanes extirpating a population. We believe that landslides and
coastal erosion associated with hurricanes may affect the populations
located along the coastal areas of St. Croix (Ha'penny Beach, South
Shore, and Protestant Cay) due to their proximity to cliffs and the
shoreline.
Agave eggersiana may be further threatened by climate change, which
is predicted to increase the frequency and strength of tropical storms
and can cause severe droughts (Hopkinson et al. 2008, p. 260). The
cumulative effect of coastal erosion due to severe hurricanes plus the
habitat modification for urban and tourist development can further
diminish the availability of suitable habitat and, therefore, limit
population expansion and colonization of new areas. In addition, the
possibility of severe droughts may contribute to an increase in the
quantity and frequency of fires on the island. These cumulative factors
may reduce the number of individuals and further reduce populations.
Based on satellite images, there is evidence of human-induced fires
along the south coast of the island. The vegetation of the Caribbean is
not adapted to fires since this disturbance does not naturally occur on
these islands (Brandeis and Woodall 2008, p. 557; Santiago-
Garci[aacute] et al. 2008, p. 608); juvenile plants are especially
vulnerable to fire damage. This regime of human-induced fires could
modify the landscape by promoting exotic trees and
[[Page 57725]]
grasses, and by diminishing the seed bank of native species. For
example the exotic Megathyrsus maximus is well adapted to fires and
typically colonizes areas that were previously covered by native
vegetation. Furthermore, the presence of this species increases the
amount of fuel and, therefore, the intensity of the fire events. Due to
the abundance of grasses at Great Pond, this Agave eggersiana
population is particularly threatened by human-induced fires.
Moreover, the individuals of the populations of Protestant Cay,
Gallows Bay and Great Pond are surrounded by dense stands of different
species of Sansevieria, an herb native to Africa. This invasive species
seems to be occupying the ecological niche adjacent to the known
populations of Agave eggersiana. Plant invasion can affect the
environment at three levels; at the genetic level the number of
individuals of native species can be reduced below the minimum
necessary for persistence, at the species diversity level the number of
species present and their distribution can be reduced, and at the
ecosystem level the functioning of the ecosystem can be changed (Rippey
et al. 2002, p. 170). In this case, invasive species may constrain the
number of A. eggersiana reducing variability in the population.
Consequently, the loss of diversity of the species may eliminate A.
eggersiana in the area affecting other organisms (e.g., insects and
birds feeding on the flowers).
Based on the above information and due to the reduced number of
populations and individuals, we believe that the species is currently
threatened by natural or manmade factors such as hurricanes, fires, and
competition from exotic species. Climate change may exacerbate these
habitat threats by increasing the frequency of fires, droughts, and
hurricanes. We consider these threats to be moderate and imminent. We
do not anticipate any changes that would appreciably reduce this threat
in the foreseeable future.
Finding
As required by the Act, we conducted a review of the status of the
species and considered the five factors in assessing whether Agave
eggersiana is threatened or endangered throughout all or a significant
portion of its range. We examined the best scientific and commercial
information available regarding the past, present, and future threats
faced by the species. We reviewed the petition, information available
in our files, other available published and unpublished information,
consulted with species and habitat experts and other Federal and State
agencies, and conducted field work on the island of St. Croix.
This status review identified threats to the species attributable
to Factors A, B, D, and E. Of the currently known populations, only
three populations are located in areas managed for conservation and
public outreach (Ruth Island, Salt River Bay, and Buck Island National
Monument). The remaining populations, containing about 97 percent of
the currently known adult individuals, are located in areas either
threatened by development pressure, or are currently affected by
landscape practices and competition with exotic species, resulting in
detrimental effects to reproduction and recruitment (see Factors A and
E). Furthermore, the use of the Agave eggersiana as an ornamental
species is common on the island, and evidence suggests that wild
specimens are being collected due to the commercial interest in this
species (Factor B). Although the species is currently listed under
local regulations, lack of enforcement of local law does not provide
adequate protection to ameliorate threats to the species.
On the basis of the best scientific and commercial information
available and our analysis of the current and foreseeable threats to
the species and its habitat, we find that listing Agave eggersiana
(including wild and cultivated populations), is warranted. We will make
a determination on the status of the species as threatened or
endangered when we do a proposed listing determination. However, as
explained in more detail below, an immediate proposal of a regulation
implementing this action is precluded by higher priority listing
actions, and progress is being made to add or remove qualified species
from the Lists of Endangered and Threatened Wildlife and Plants.
We reviewed the available information to determine if the existing
and foreseeable threats render the species at risk of extinction now
such that issuing an emergency regulation temporarily listing the
species as per section 4(b)(7) of the Act is warranted. We determined
that issuing an emergency regulation temporarily listing the species is
not warranted for this species at this time since approximately 450
individuals are known to occur in 10 localities (Table 1). However, if
at any time we determine that issuing an emergency regulation
temporarily listing the species is necessary, we will initiate this
action at that time.
Listing Priority Number
The Service adopted guidelines on September 21, 1983 (48 FR 43098),
to establish a rational system for utilizing available resources for
the highest priority species when adding species to the Lists of
Endangered or Threatened Wildlife and Plants or reclassifying species
listed as threatened to endangered status. The system places greatest
importance on the immediacy and magnitude of threats, but also factors
in the level of taxonomic distinctiveness by assigning priority in
descending order to monotypic genera, full species, and subspecies (or
equivalently, distinct population segments of vertebrates).
We assigned Agave eggersiana an LPN of 8, based on our finding that
the species faces moderate to low magnitude threats from the present or
threatened destruction, modification, or curtailment of its habitat;
overutilization for commercial, recreational, scientific, or
educational purposes; the inadequacy of existing regulatory mechanisms;
and other natural or manmade Factors. One or more of the threats
discussed above are occurring, and we anticipate they will still occur
in the near future in each known population in St. Croix. These threats
are ongoing and in some cases considered irreversible.
Although the species faces threats, as described above, we believe
these threats to be of moderate to low magnitude; at least 450 adults
and 260 bulbils are known to occur in 10 populations with half showing
evidence of recruitment in the wild and 3 located in areas managed for
conservation and public outreach. Under the 1983 Guidelines, a
``species'' facing imminent moderate to low magnitude threats is
assigned an LPN of 7, 8, or 9 depending on its taxonomic status.
Because A. eggersiana is a species, but not a monotypic genus, we
assigned it an LPN of 8. While we conclude that listing the species is
warranted, an immediate proposal to list this species is precluded by
other higher priority listing actions, which we address below.
Preclusion and Expeditious Progress
Preclusion is a function of the listing priority of a species in
relation to the resources that are available and competing demands for
those resources. Thus, in any given fiscal year (FY), multiple factors
dictate whether it will be possible to undertake work on a proposed
listing regulation or whether promulgation of such a proposal is
warranted but precluded by higher-priority listing actions.
[[Page 57726]]
The resources available for listing actions are determined through
the annual Congressional appropriations process. The appropriation for
the Listing Program is available to support work involving the
following listing actions: proposed and final listing rules; 90-day and
12-month findings on petitions to add species to the Lists of
Endangered and Threatened Wildlife and Plants (Lists) or to change the
status of a species from threatened to endangered; annual
determinations on prior ``warranted but precluded'' petition findings
as required under section 4(b)(3)(C)(i) of the Act; critical habitat
petition findings; proposed and final rules designating critical
habitat; and litigation-related, administrative, and program-management
functions (including preparing and allocating budgets, responding to
Congressional and public inquiries, and conducting public outreach
regarding listing and critical habitat). The work involved in preparing
various listing documents can be extensive and may include, but is not
limited to: gathering and assessing the best scientific and commercial
data available and conducting analyses used as the basis for our
decisions; writing and publishing documents; and obtaining, reviewing,
and evaluating public comments and peer review comments on proposed
rules and incorporating relevant information into final rules. The
number of listing actions that we can undertake in a given year also is
influenced by the complexity of those listing actions; that is, more
complex actions generally are more costly. For example, during the past
several years, the cost (excluding publication costs) for preparing a
12-month finding, without a proposed rule, has ranged from
approximately $11,000 for one species with a restricted range and
involving a relatively uncomplicated analysis to $305,000 for another
species that is wide-ranging and involving a complex analysis.
We cannot spend more than is appropriated for the Listing Program
without violating the Anti-Deficiency Act (see 31 U.S.C. Sec.
1341(a)(1)(A)). In addition, in FY 1998 and for each fiscal year since
then, Congress has placed a statutory cap on funds that may be expended
for the Listing Program, equal to the amount expressly appropriated for
that purpose in that fiscal year. This cap was designed to prevent
funds appropriated for other functions under the Act (for example,
recovery funds for removing species from the Lists), or for other
Service programs, from being used for Listing Program actions (see
House Report 105-163, 105\th\ Congress, 1st Session, July 1, 1997).
Recognizing that designation of critical habitat for species
already listed would consume most of the overall Listing Program
appropriation, Congress also put a critical habitat subcap in place in
FY 2002 and has retained it each subsequent year to ensure that some
funds are available for other work in the Listing Program: ``The
critical habitat designation subcap will ensure that some funding is
available to address other listing activities'' (House Report No. 107 -
103, 107\th\ Congress, 1st Session, June 19, 2001). In FY 2002 and each
year until FY 2006, the Service has had to use virtually the entire
critical habitat subcap to address court-mandated designations of
critical habitat, and consequently none of the critical habitat subcap
funds have been available for other listing activities. In FY 2007, we
were able to use some of the critical habitat subcap funds to fund
proposed listing determinations for high-priority candidate species. In
FY 2009, while we were unable to use any of the critical habitat subcap
funds to fund proposed listing determinations, we did use some of this
money to fund the critical habitat portion of some proposed listing
determinations, so that the proposed listing determination and proposed
critical habitat designation could be combined into one rule, thereby
being more efficient in our work. In FY 2010, we are using some of the
critical habitat subcap funds to fund actions with statutory deadlines.
Thus, through the listing cap, the critical habitat subcap, and the
amount of funds needed to address court-mandated critical habitat
designations, Congress and the courts have in effect determined the
amount of money available for other listing activities. Therefore, the
funds in the listing cap, other than those needed to address court-
mandated critical habitat for already-listed species, set the limits on
our determinations of preclusion and expeditious progress.
Congress also recognized that the availability of resources was the
key element in deciding, when making a 12-month petition finding,
whether we would prepare and issue a listing proposal or instead make a
``warranted but precluded'' finding for a given species. The Conference
Report accompanying Public Law 97-304, which established the current
statutory deadlines and the warranted-but-precluded finding, states (in
a discussion on 90-day petition findings that by its own terms also
covers 12-month findings) that the deadlines were ``not intended to
allow the Secretary to delay commencing the rulemaking process for any
reason other than that the existence of pending or imminent proposals
to list species subject to a greater degree of threat would make
allocation of resources to such a petition [that is, for a lower-
ranking species] unwise.''
In FY 2010, expeditious progress is that amount of work that can be
achieved with $10,471,000, which is the amount of money that Congress
appropriated for the Listing Program (that is, the portion of the
Listing Program funding not related to critical habitat designations
for species that are already listed). However these funds are not
enough to fully fund all our court-ordered and statutory listing
actions in FY 2010, so we are using $1,114,417 of our critical habitat
subcap funds in order to work on all of our required petition findings
and listing determinations. This brings the total amount of funds we
have for listing action in FY 2010 to $11,585,417. Starting in FY 2010,
we are also using our funds to work on listing actions for foreign
species since that work was transferred from the Division of Scientific
Authority, International Affairs Program to the Endangered Species
Program. Our process is to make our determinations of preclusion on a
nationwide basis to ensure that the species most in need of listing
will be addressed first and also because we allocate our listing budget
on a nationwide basis. The $11,585,417 is being used to fund work in
the following categories: compliance with court orders and court-
approved settlement agreements requiring that petition findings or
listing determinations be completed by a specific date; section 4 (of
the Act) listing actions with absolute statutory deadlines; essential
litigation-related, administrative, and listing program-management
functions; and high-priority listing actions for some of our candidate
species. The allocations for each specific listing action are
identified in the Service's FY 2010 Allocation Table (part of our
administrative record).
In FY 2007, we had more than 120 species with an LPN of 2, based on
our September 21, 1983, guidance for assigning an LPN for each
candidate species (48 FR 43098). Using this guidance, we assign each
candidate an LPN of 1 to 12, depending on the magnitude of threats
(high vs. moderate to low), immediacy of threats (imminent or
nonimminent), and taxonomic status of the species (in order of
priority: monotypic genus (a species that is the sole member of a
genus); species; or part
[[Page 57727]]
of a species (subspecies, distinct population segment, or significant
portion of the range)). The lower the listing priority number, the
higher the listing priority (that is, a species with an LPN of 1 would
have the highest listing priority).
To be more efficient in our listing process, as we work on proposed
rules for these species in the next several years, we are preparing
multi-species proposals when appropriate, and these may include species
with lower priority if they overlap geographically or have the same
threats as a species with an LPN of 2. In addition, available staff
resources are also a factor in determining which high-priority species
are provided with funding. Finally, proposed rules for reclassification
of threatened species to endangered are lower priority, since as listed
species, they are already afforded the protection of the Act and
implementing regulations.
Given the above-mentioned funding constraints, the Service's
priority is to work on: (1) listing determinations for listing actions
with absolute statutory, court-ordered, or court-approved deadlines,
and final listing determinations for those species that have been
proposed for listing; and (2) candidate species and reclassifications
of other higher priority threatened species (i.e., species with LPN of
1). This work includes all the actions listed in the tables below under
expeditious progress.
As explained above, a determination that listing is warranted but
precluded must also demonstrate that expeditious progress is being made
to add or remove qualified species to and from the Lists of Endangered
and Threatened Wildlife and Plants. (Although we do not discuss it in
detail here, we are also making expeditious progress in removing
species from the list under the Recovery program, which is funded by a
separate line item in the budget of the Endangered Species Program. As
explained above in our description of the statutory cap on Listing
Program funds, the Recovery Program funds and actions supported by them
cannot be considered in determining expeditious progress made in the
Listing Program.) As with our ``precluded'' finding, expeditious
progress in adding qualified species to the Lists is a function of the
resources available and the competing demands for those funds. Given
that limitation, we find that we made progress in FY 2009 in the
Listing Program and will continue to make progress in FY 2010. This
progress included preparing and publishing the following
determinations:
FY 2010 Completed Listing Actions
----------------------------------------------------------------------------------------------------------------
Publication Date Title Actions FR Pages
----------------------------------------------------------------------------------------------------------------
10/08/2009 Listing Lepidium papilliferum Final Listing 74 FR 52013-52064
(Slickspot Peppergrass) as a Threatened..........
Threatened Species
Throughout Its Range
----------------------------------------------------------------------------------------------------------------
10/27/2009 90-day Finding on a Petition Notice of 90-day 74 FR 55177-55180
To List the American Dipper Petition Finding,...
in the Black Hills of South Not substantial.....
Dakota as Threatened or
Endangered
----------------------------------------------------------------------------------------------------------------
10/28/2009 Status Review of Arctic Notice of Intent to 74 FR 55524-55525
Grayling (Thymallus Conduct Status......
arcticus) in the Upper Review..............
Missouri River System
----------------------------------------------------------------------------------------------------------------
11/03/2009 Listing the British Columbia Proposed Listing 74 FR 56757-56770
Distinct Population Segment Threatened..........
of the Queen Charlotte
Goshawk Under the Endangered
Species Act
----------------------------------------------------------------------------------------------------------------
11/03/2009 Listing the Salmon-Crested Proposed Listing 74 FR 56770-56791
Cockatoo as Threatened Threatened
Throughout Its Range with
Special Rule
----------------------------------------------------------------------------------------------------------------
11/23/2009 Status Review of Gunnison Notice of Intent to 74 FR 61100-61102
sage-grouse (Centrocercus Conduct Status
minimus) Review..............
----------------------------------------------------------------------------------------------------------------
12/03/2009 12-Month Finding on a Notice of 12-month 74 FR 63343-63366
Petition to List the Black- petition finding,
tailed Prairie Dog as Not warranted
Threatened or Endangered
----------------------------------------------------------------------------------------------------------------
12/03/2009 90-Day Finding on a Petition Notice of 90-day 74 FR 63337-63343
to List Sprague's Pipit as Petition Finding,...
Threatened or Endangered..... Substantial.........
----------------------------------------------------------------------------------------------------------------
12/15/2009 90-Day Finding on Petitions Notice of 90-day 74 FR 66260-66271
To List Nine Species of Petition Finding,...
Mussels From Texas as Substantial.........
Threatened or Endangered
With Critical Habitat
----------------------------------------------------------------------------------------------------------------
12/16/2009 Partial 90-Day Finding on a Notice of 90-day 74 FR 66865-66905
Petition to List 475 Species Petition Finding,...
in the Southwestern United Not substantial and.
States as Threatened or Substantial.........
Endangered With Critical
Habitat
----------------------------------------------------------------------------------------------------------------
12/17/2009 12-month Finding on a Notice of 12-month 74 FR 66937-66950
Petition To Change the Final petition finding,
Listing of the Distinct Warranted but
Population Segment of the precluded...........
Canada Lynx To Include New
Mexico
----------------------------------------------------------------------------------------------------------------
1/05/2010 Listing Foreign Bird Species Proposed Listing 75 FR 605-649
in Peru and Bolivia as Endangered..........
Endangered Throughout Their
Range
----------------------------------------------------------------------------------------------------------------
[[Page 57728]]
1/05/2010 Listing Six Foreign Birds as Proposed Listing 75 FR 286-310
Endangered Throughout Their Endangered..........
Range
----------------------------------------------------------------------------------------------------------------
1/05/2010 Withdrawal of Proposed Rule Proposed rule, 75 FR 310-316
to List Cook's Petrel withdrawal..........
----------------------------------------------------------------------------------------------------------------
1/05/2010 Final Rule to List the Final Listing 75 FR 235-250
Galapagos Petrel and Threatened..........
Heinroth's Shearwater as
Threatened Throughout Their
Ranges
----------------------------------------------------------------------------------------------------------------
1/20/2010 Initiation of Status Review Notice of Intent to 75 FR 3190-3191
for Agave eggersiana and Conduct Status
Solanum conocarpum Review..............
----------------------------------------------------------------------------------------------------------------
2/09/2010 12-month Finding on a Notice of 12-month 75 FR 6437-6471
Petition to List the American petition finding,
Pika as Threatened or Not warranted
Endangered.
----------------------------------------------------------------------------------------------------------------
2/25/2010 12-Month Finding on a Notice of 12-month 75 FR 8601-8621
Petition To List the Sonoran petition finding,
Desert Not warranted
Population of the Bald Eagle
as a Threatened or
Endangered.
Distinct Population Segment..
----------------------------------------------------------------------------------------------------------------
2/25/2010 Withdrawal of Proposed Rule Withdrawal of 75 FR 8621-8644
To List the Southwestern Proposed Rule to....
Washington/Columbia River List................
Distinct Population Segment
of Coastal Cutthroat Trout
(Oncorhynchus clarki clarki)
as.
Threatened...................
----------------------------------------------------------------------------------------------------------------
3/18/2010 90-Day Finding on a Petition Notice of 90-day 75 FR 13068-13071
to List the Berry Cave Petition Finding,...
Salamander as Endangered Substantial.........
----------------------------------------------------------------------------------------------------------------
3/23/2010 90-Day Finding on a Petition Notice of 90-day 75 FR 13717-13720
to List the Southern Petition Finding,...
Hickorynut Not substantial.....
Mussel (Obovaria jacksoniana)
as Endangered or Threatened.
----------------------------------------------------------------------------------------------------------------
3/23/2010 90-Day Finding on a Petition Notice of 90-day 75 FR 13720-13726
to List the Striped Newt as Petition Finding,...
Threatened................... Substantial.........
----------------------------------------------------------------------------------------------------------------
3/23/2010 12-Month Findings for Notice of 12-month 75 FR 13910-14014
Petitions to List the petition finding,
Greater Sage-Grouse Warranted but.......
(Centrocercus urophasianus) precluded...........
as Threatened or Endangered..
----------------------------------------------------------------------------------------------------------------
3/31/2010 12-Month Finding on a Notice of 12-month 75 FR 16050-16065
Petition to List the Tucson petition finding,
Shovel-Nosed Snake Warranted but.......
(Chionactis occipitalis precluded...........
klauberi) as Threatened or
Endangered with Critical
Habitat
----------------------------------------------------------------------------------------------------------------
4/5/2010 90-Day Finding on a Petition Notice of 90-day 75 FR 17062-17070
To List Thorne's Hairstreak Petition Finding,...
Butterfly as Threatened or Substantial.........
Endangered
----------------------------------------------------------------------------------------------------------------
4/6/2010 12-month Finding on a Notice of 12-month 75 FR 17352-17363
Petition To List the petition finding,
Mountain Whitefish in the Not warranted
Big Lost River, Idaho, as
Endangered or Threatened
----------------------------------------------------------------------------------------------------------------
4/6/2010 90-Day Finding on a Petition Notice of 90-day 75 FR 17363-17367
to List a Stonefly (Isoperla Petition Finding,...
jewetti) and a Mayfly Not substantial.....
(Fallceon eatoni) as
Threatened or Endangered
with Critical Habitat
----------------------------------------------------------------------------------------------------------------
4/7/2010 12-Month Finding on a Notice of 12-month 75 FR 17667-17680
Petition to Reclassify the petition finding,
Delta Smelt From Threatened Warranted but.......
to Endangered Throughout Its precluded...........
Range
----------------------------------------------------------------------------------------------------------------
4/13/2010 Determination of Endangered Final Listing 75 FR 18959-19165
Status for 48 Species on Endangered..........
Kauai and Designation of
Critical Habitat
----------------------------------------------------------------------------------------------------------------
4/15/2010 Initiation of Status Review Notice of Initiation 75 FR 19591-19592
of the North American of Status Review
Wolverine in the Contiguous
United States
----------------------------------------------------------------------------------------------------------------
[[Page 57729]]
4/15/2010 12-Month Finding on a Notice of 12-month 75 FR 19592-19607
Petition to List the Wyoming petition finding,
Pocket Not warranted
Gopher as Endangered or
Threatened with Critical
Habitat.
----------------------------------------------------------------------------------------------------------------
4/16/2010 90-Day Finding on a Petition Notice of 90-day 75 FR 19925-19935
to List a Distinct Petition Finding,...
Population Substantial.........
Segment of the Fisher in Its
United States Northern Rocky.
Mountain Range as Endangered
or Threatened with Critical.
Habitat......................
----------------------------------------------------------------------------------------------------------------
4/20/2010 Initiation of Status Review Notice of Initiation 75 FR 20547-20548
for Sacramento splittail of Status Review
(Pogonichthys
macrolepidotus)
----------------------------------------------------------------------------------------------------------------
4/26/2010 90-Day Finding on a Petition Notice of 90-day 75 FR 21568-21571
to List the Harlequin Petition Finding,...
Butterfly as Substantial.........
Endangered...................
----------------------------------------------------------------------------------------------------------------
4/27/2010 12-Month Finding on a Notice of 12-month 75 FR 22012-22025
Petition to List Susan's petition finding,
Purse-making Caddisfly Not warranted
(Ochrotrichia susanae) as
Threatened or Endangered
----------------------------------------------------------------------------------------------------------------
4/27/2010 90-day Finding on a Petition Notice of 90-day 75 FR 22063-22070
to List the Mohave Ground Petition Finding,...
Squirrel as Endangered with Substantial.........
Critical Habitat
----------------------------------------------------------------------------------------------------------------
5/4/2010 90-Day Finding on a Petition Notice of 90-day 75 FR 23654-23663
to List Hermes Copper Petition Finding,...
Butterfly as Threatened or Substantial.........
Endangered
----------------------------------------------------------------------------------------------------------------
6/1/2010 90-Day Finding on a Petition Notice of 90-day 75 FR 30313-30318
To List Castanea pumila var. Petition Finding,...
ozarkensis Substantial.........
----------------------------------------------------------------------------------------------------------------
6/1/2010 12-month Finding on a Notice of 12-month 75 FR 30338-30363
Petition to List the White- petition finding,
tailed Prairie Dog as Not warranted
Endangered or Threatened
----------------------------------------------------------------------------------------------------------------
6/9/2010 90-Day Finding on a Petition Notice of 90-day 75 FR 32728-32734
To List van Rossem's Gull- Petition Finding,...
billed Tern as Endangered Substantial.........
orThreatened.
----------------------------------------------------------------------------------------------------------------
6/16/2010 90-Day Finding on Five Notice of 90-day 75 FR 34077-34088
Petitions to List Seven Petition Finding,...
Species of Substantial.........
Hawaiian Yellow-faced Bees as
Endangered.
----------------------------------------------------------------------------------------------------------------
6/22/2010 12-Month Finding on a Notice of 12-month 75 FR 35398-35424
Petition to List the Least petition finding,
Chub as Warranted but.......
Threatened or Endangered..... precluded...........
----------------------------------------------------------------------------------------------------------------
6/23/2010 90-Day Finding on a Petition Notice of 90-day 75 FR 35746-35751
to List the Honduran Emerald Petition Finding,...
Hummingbird as Endangered.... Substantial.........
----------------------------------------------------------------------------------------------------------------
6/23/2010 Listing Ipomopsis polyantha Proposed Listing 75 FR 35721-35746
(Pagosa Skyrocket) as Endangered..........
Endangered Throughout Its Proposed Listing....
Range, and Listing Penstemon Threatened..........
debilis
(Parachute Beardtongue) and
Phacelia submutica (DeBeque
Phacelia) as Threatened
Throughout Their Range.
----------------------------------------------------------------------------------------------------------------
6/24/2010 Listing the Flying Earwig Final Listing 75 FR 35990-36012
Hawaiian Damselfly and Endangered..........
Pacific
Hawaiian Damselfly As
Endangered Throughout Their
Ranges.
----------------------------------------------------------------------------------------------------------------
6/24/2010 Listing the Cumberland Proposed Listing 75 FR 36035-36057
Darter, Rush Darter, Endangered..........
Yellowcheek Darter, Chucky
Madtom, and Laurel Dace as
Endangered Throughout Their
Ranges
----------------------------------------------------------------------------------------------------------------
6/29/2010 Listing the Mountain Plover Reinstatement of 75 FR 37353-37358
as Threatened Proposed Listing....
Threatened..........
----------------------------------------------------------------------------------------------------------------
7/20/2010 90-Day Finding on a Petition Notice of 90-day 75 FR 42033-42040
to List Pinus albicaulis Petition Finding,...
(Whitebark Pine) as Substantial.........
Endangered or Threatened
with Critical Habitat
----------------------------------------------------------------------------------------------------------------
[[Page 57730]]
7/20/2010 12-Month Finding on a Notice of 12-month 75 FR 42040-42054
Petition to List the petition finding,
Amargosa Toad as Threatened Not warranted
or Endangered
----------------------------------------------------------------------------------------------------------------
7/20/2010 90-Day Finding on a Petition Notice of 90-day 75 FR 42059-42066
to List the Giant Palouse Petition Finding,...
Earthworm (Driloleirus Substantial.........
americanus) as Threatened or
Endangered
----------------------------------------------------------------------------------------------------------------
7/27/2010 Determination on Listing the Final Listing 75 FR 43844-43853
Black-Breasted Puffleg as Endangered..........
Endangered Throughout its
Range; Final Rule.
----------------------------------------------------------------------------------------------------------------
7/27/2010 Final Rule to List the Medium Final Listing 75 FR 43853-43864
Tree-Finch (Camarhynchus Endangered..........
pauper) as Endangered
Throughout Its Range
----------------------------------------------------------------------------------------------------------------
8/3/2010 Determination of Threatened Final Listing 75 FR 45497- 45527
Status for Five Penguin Threatened..........
Species
----------------------------------------------------------------------------------------------------------------
8/4/2010 90-Day Finding on a Petition Notice of 90-day 75 FR 46894- 46898
To List the Mexican Gray Petition Finding,...
Wolf as an Endangered Substantial.........
Subspecies With Critical
Habitat
----------------------------------------------------------------------------------------------------------------
8/10/2010 90-Day Finding on a Petition Notice of 90-day 75 FR 48294-48298
to List Arctostaphylos Petition Finding,...
franciscana as Endangered Substantial.........
with Critical Habitat
----------------------------------------------------------------------------------------------------------------
8/17/2010 Listing Three Foreign Bird Final Listing 75 FR 50813-50842
Species from Latin America Endangered..........
and the Caribbean as
Endangered Throughout Their
Range
----------------------------------------------------------------------------------------------------------------
8/17/2010 90-Day Finding on a Petition Notice of 90-day 75 FR 50739-50742
to List Brian Head Petition Finding,...
Mountainsnail as Endangered Not substantial.....
or Threatened with Critical
Habitat
----------------------------------------------------------------------------------------------------------------
8/24/2010 90-Day Finding on a Petition Notice of 90-day 75 FR 51969-51974
to List the Oklahoma Grass Petition Finding,...
Pink Orchid as Endangered or Substantial.........
Threatened.
----------------------------------------------------------------------------------------------------------------
9/01/2010 12-Month Finding on a Notice of 90-day 75 FR 53615-53629
Petition to List the White- Notice of 12-month
Sided Jackrabbit as petition finding,.
Threatened or Endangered Not warranted.......
----------------------------------------------------------------------------------------------------------------
9/08/2010 Proposed Rule To List the Proposed 75 FR 54561-54579
Ozark Hellbender Salamander ListingEndangered
as
Endangered...................
----------------------------------------------------------------------------------------------------------------
9/08/2010 Revised 12-Month Finding to Notice of 12-month 75 FR 54707-54753
List the Upper Missouri petition finding,
River Warranted but
Distinct Population Segment precluded...........
of Arctic Grayling as
Endangered.
or Threatened................
----------------------------------------------------------------------------------------------------------------
9/09/2010 12-Month Finding on a Notice of 12-month 75 FR 54822-54845
Petition to List the Jemez petition finding,
Mountains Warranted but.......
Salamander (Plethodon precluded...........
neomexicanus) as Endangered
or.
Threatened with Critical
Habitat.
----------------------------------------------------------------------------------------------------------------
Our expeditious progress also includes work on listing actions that
we funded in FY 2010 but have not yet been completed to date. These
actions are listed below. Actions in the top section of the table are
being conducted under a deadline set by a court. Actions in the middle
section of the table are being conducted to meet statutory timelines,
that is, timelines required under the Act. Actions in the bottom
section of the table are high-priority listing actions. These actions
include work primarily on species with an LPN of 2, and selection of
these species is partially based on available staff resources, and when
appropriate, include species with a lower priority if they overlap
geographically or have the same threats as the species with the high
priority. Including these species together in the same proposed rule
results in considerable savings in time and funding, as compared to
preparing separate proposed rules for each of them in the future.
[[Page 57731]]
------------------------------------------------------------------------
Actions funded in FY 2010 but not yet completed
-------------------------------------------------------------------------
Species Action
------------------------------------------------------------------------
Actions Subject to Court Order/Settlement Agreement
------------------------------------------------------------------------
6 Birds from Eurasia Final listing determination
------------------------------------------------------------------------
African penguin Final listing determination
------------------------------------------------------------------------
Flat-tailed horned lizard Final listing determination
------------------------------------------------------------------------
Mountain plover Final listing determination
------------------------------------------------------------------------
6 Birds from Peru Proposed listing
determination
------------------------------------------------------------------------
Sacramento splittail Proposed listing
determination
------------------------------------------------------------------------
Pacific walrus 12-month petition finding
------------------------------------------------------------------------
Gunnison sage-grouse 12-month petition finding
------------------------------------------------------------------------
Wolverine 12-month petition finding
------------------------------------------------------------------------
Solanum conocarpum 12-month petition finding
------------------------------------------------------------------------
Sprague's pipit 12-month petition finding
------------------------------------------------------------------------
Desert tortoise - Sonoran population 12-month petition finding
------------------------------------------------------------------------
Pygmy rabbit (rangewide)\1\ 12-month petition finding
------------------------------------------------------------------------
Thorne's Hairstreak Butterfly 12-month petition finding
------------------------------------------------------------------------
Hermes copper butterfly 12-month petition finding
------------------------------------------------------------------------
Actions with Statutory Deadlines
------------------------------------------------------------------------
Casey's june beetle Final listing determination
------------------------------------------------------------------------
Georgia pigtoe, interrupted rocksnail, and Final listing determination
rough hornsnail
------------------------------------------------------------------------
7 Bird species from Brazil Final listing determination
------------------------------------------------------------------------
Southern rockhopper penguin - Campbell Final listing determination
Plateau population
------------------------------------------------------------------------
5 Bird species from Colombia and Ecuador Final listing determination
------------------------------------------------------------------------
Queen Charlotte goshawk Final listing determination
------------------------------------------------------------------------
5 species southeast fish (Cumberland Final listing determination
darter, rush darter, yellowcheek darter,
chucky madtom, and laurel dace)
------------------------------------------------------------------------
Salmon crested cockatoo Proposed listing
determination
------------------------------------------------------------------------
CA golden trout 12-month petition finding
------------------------------------------------------------------------
Black-footed albatross 12-month petition finding
------------------------------------------------------------------------
Mount Charleston blue butterfly 12-month petition finding
------------------------------------------------------------------------
Mojave fringe-toed lizard\1\ 12-month petition finding
------------------------------------------------------------------------
Kokanee - Lake Sammamish population\1\ 12-month petition finding
------------------------------------------------------------------------
Cactus ferruginous pygmy-owl\1\ 12-month petition finding
------------------------------------------------------------------------
Northern leopard frog 12-month petition finding
------------------------------------------------------------------------
Tehachapi slender salamander 12-month petition finding
------------------------------------------------------------------------
Coqui Llanero 12-month petition finding
------------------------------------------------------------------------
Dusky tree vole 12-month petition finding
------------------------------------------------------------------------
3 MT invertebrates (mist forestfly(Lednia 12-month petition finding
tumana), Oreohelix sp.3, Oreohelix sp.
31) from 206 species petition
------------------------------------------------------------------------
[[Page 57732]]
5 UT plants (Astragalus hamiltonii, 12-month petition finding
Eriogonum soredium, Lepidium ostleri,
Penstemon flowersii, Trifolium friscanum)
from 206 species petition
------------------------------------------------------------------------
2 CO plants (Astragalus microcymbus, 12-month petition finding
Astragalus schmolliae) from 206 species
petition
------------------------------------------------------------------------
5 WY plants (Abronia ammophila, Agrostis 12-month petition finding
rossiae, Astragalus proimanthus, Boechere
(Arabis) pusilla, Penstemon gibbensii)
from 206 species petition
------------------------------------------------------------------------
Leatherside chub (from 206 species 12-month petition finding
petition)
------------------------------------------------------------------------
Frigid ambersnail (from 206 species 12-month petition finding
petition)
------------------------------------------------------------------------
Gopher tortoise - eastern population 12-month petition finding
------------------------------------------------------------------------
Wrights marsh thistle 12-month petition finding
------------------------------------------------------------------------
67 of 475 southwest species 12-month petition finding
------------------------------------------------------------------------
Grand Canyon scorpion (from 475 species 12-month petition finding
petition)
------------------------------------------------------------------------
Anacroneuria wipukupa (a stonefly from 475 12-month petition finding
species petition)
------------------------------------------------------------------------
Rattlesnake-master borer moth (from 475 12-month petition finding
species petition)
------------------------------------------------------------------------
3 Texas moths (Ursia furtiva, Sphingicampa 12-month petition finding
blanchardi, Agapema galbina) (from 475
species petition)
------------------------------------------------------------------------
2 Texas shiners (Cyprinella sp., 12-month petition finding
Cyprinella lepida) (from 475 species
petition)
------------------------------------------------------------------------
3 South Arizona plants (Erigeron 12-month petition finding
piscaticus, Astragalus hypoxylus,
Amoreuxia gonzalezii) (from 475 species
petition)
------------------------------------------------------------------------
5 Central Texas mussel species (3 from 475 12-month petition finding
species petition)
------------------------------------------------------------------------
14 parrots (foreign species) 12-month petition finding
------------------------------------------------------------------------
Berry Cave salamander\1\ 12-month petition finding
------------------------------------------------------------------------
Striped Newt\1\ 12-month petition finding
------------------------------------------------------------------------
Fisher - Northern Rocky Mountain Range\1\ 12-month petition finding
------------------------------------------------------------------------
Mohave Ground Squirrel\1\ 12-month petition finding
------------------------------------------------------------------------
Puerto Rico Harlequin Butterfly 12-month petition finding
------------------------------------------------------------------------
Western gull-billed tern 12-month petition finding
------------------------------------------------------------------------
Ozark chinquapin (Castanea pumila var. 12-month petition finding
ozarkensis)
------------------------------------------------------------------------
HI yellow-faced bees 12-month petition finding
------------------------------------------------------------------------
Giant Palouse earthworm 12-month petition finding
------------------------------------------------------------------------
Whitebark pine 12-month petition finding
------------------------------------------------------------------------
OK grass pink (Calopogon oklahomensis)\1\ 12-month petition finding
------------------------------------------------------------------------
Southeastern pop snowy plover & wintering 90-day petition finding
pop. of piping plover\1\
------------------------------------------------------------------------
Eagle Lake trout\1\ 90-day petition finding
------------------------------------------------------------------------
Smooth-billed ani\1\ 90-day petition finding
------------------------------------------------------------------------
Bay Springs salamander\1\ 90-day petition finding
------------------------------------------------------------------------
32 species of snails and slugs\1\ 90-day petition finding
------------------------------------------------------------------------
42 snail species (Nevada & Utah) 90-day petition finding
------------------------------------------------------------------------
Red knot roselaari subspecies 90-day petition finding
------------------------------------------------------------------------
Peary caribou 90-day petition finding
------------------------------------------------------------------------
[[Page 57733]]
Plains bison 90-day petition finding
------------------------------------------------------------------------
Spring Mountains checkerspot butterfly 90-day petition finding
------------------------------------------------------------------------
Spring pygmy sunfish 90-day petition finding
------------------------------------------------------------------------
Bay skipper 90-day petition finding
------------------------------------------------------------------------
Unsilvered fritillary 90-day petition finding
------------------------------------------------------------------------
Texas kangaroo rat 90-day petition finding
------------------------------------------------------------------------
Spot-tailed earless lizard 90-day petition finding
------------------------------------------------------------------------
Eastern small-footed bat 90-day petition finding
------------------------------------------------------------------------
Northern long-eared bat 90-day petition finding
------------------------------------------------------------------------
Prairie chub 90-day petition finding
------------------------------------------------------------------------
10 species of Great Basin butterfly 90-day petition finding
------------------------------------------------------------------------
6 sand dune (scarab) beetles 90-day petition finding
------------------------------------------------------------------------
Golden-winged warbler 90-day petition finding
------------------------------------------------------------------------
Sand-verbena moth 90-day petition finding
------------------------------------------------------------------------
Aztec (beautiful) gilia 90-day petition finding
------------------------------------------------------------------------
Arapahoe snowfly 90-day petition finding
------------------------------------------------------------------------
404 Southeast species 90-day petition finding
------------------------------------------------------------------------
High Priority Listing Actions\3\
------------------------------------------------------------------------
19 Oahu candidate species\3\ (16 plants, 3 Proposed listing
damselflies) (15 with LPN = 2, 3 with LPN
= 3, 1 with LPN =9)
------------------------------------------------------------------------
19 Maui-Nui candidate species\3\ (16 Proposed listing
plants, 3 tree snails) (14 with LPN = 2,
2 with LPN = 3, 3 with LPN = 8)
------------------------------------------------------------------------
Sand dune lizard\3\ (LPN = 2) Proposed listing
------------------------------------------------------------------------
2 Arizona springsnails\3\ (Pyrgulopsis Proposed listing
bernadina (LPN = 2), Pyrgulopsis
trivialis (LPN = 2))
------------------------------------------------------------------------
2 New Mexico springsnails\3\ (Pyrgulopsis Proposed listing
chupaderae (LPN = 2), Pyrgulopsis
thermalis (LPN = 11))
------------------------------------------------------------------------
2 mussels\3\ (rayed bean (LPN = 2), Proposed listing
snuffbox No LPN)
------------------------------------------------------------------------
2 mussels\3\ (sheepnose (LPN = 2), Proposed listing
spectaclecase (LPN = 4),)
------------------------------------------------------------------------
Altamaha spinymussel\3\ (LPN = 2) Proposed listing
------------------------------------------------------------------------
8 southeast mussels (southern kidneyshell Proposed listing
(LPN = 2), round ebonyshell (LPN = 2),
Alabama pearlshell (LPN = 2), southern
sandshell (LPN = 5), fuzzy pigtoe (LPN =
5), Choctaw bean (LPN = 5), narrow pigtoe
(LPN = 5), and tapered pigtoe (LPN = 11))
------------------------------------------------------------------------
\1\ Funds for listing actions for these species were provided in
previous FYs.
\2\ We funded a proposed rule for this subspecies with an LPN of 3 ahead
of other species with LPN of 2, because the threats to the species
were so imminent and of a high magnitude that we considered emergency
listing if we were unable to fund work on a proposed listing rule in
FY 2008.
\3\ Funds for these high-priority listing actions were provided in FY
2008 or 2009
We endeavored to make our listing actions as efficient and timely
as possible, given the requirements of the relevant law and
regulations, and constraints relating to workload and personnel. We are
continually considering ways to streamline processes or achieve
economies of scale, such as by batching related actions together. Given
our limited budget for implementing section 4 of the Act, these actions
described above collectively constitute expeditious progress.
We intend that any proposed reclassification of Agave eggersiana
will be as accurate as possible. Therefore, we will continue to accept
additional information and comments from all concerned governmental
agencies, the scientific community, industry, or any
[[Page 57734]]
other interested party concerning this finding.
Agave eggersiana will be added to the list of candidate species
upon publication of this 12-month finding. We will continue to evaluate
this species as new information becomes available. This review will
determine if a change in status is warranted, including the need to
make prompt use of emergency listing procedures.
References Cited
A complete list of references cited is available on the Internet at
http://www.regulations.gov and upon request from the Caribbean
Ecological Services Field Office (see ADDRESSES section).
Author(s)
The primary authors of this notice are the staff members of the
Caribbean Ecological Services Field Office.
Authority
The authority for this section is section 4 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: September 2, 2010.
Paul R. Schmidt,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2010-23571 Filed 9-21-10; 8:45 am]
BILLING CODE 4310-55-S