2011 Federal Register, 76 FR 9722; Centralized Library; U.S. Fish and Wildlife Service - Federal Register, Volume 76 Issue 35 (Tuesday, February 22, 2011)

[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Proposed Rules]
[Pages 9722-9733]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3730]

[[Page 9722]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2010-0092; MO 92210-0-0008-B2]

Endangered and Threatened Wildlife and Plants; 12-Month Finding
on a Petition To List Solanum conocarpum (marron bacora) 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 Solanum conocarpum
(marron bacora) 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 S. conocarpum is
warranted. Currently, however, listing S. conocarpum 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 S. conocarpum to our candidate species list. We
will develop a proposed rule to list S. conocarpum 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 February 22,
2011.

ADDRESSES: This finding is available on the Internet at http://www.regulations.gov at Docket Number [FWS-R4-ES-2010-0092]. 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, Boquer[oacute]n, PR 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,
Boquer[oacute]n, PR 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.

SUPPLEMENTARY INFORMATION:

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.

Previous Federal Actions

On November 21, 1996, we received a petition from the U.S. Virgin
Islands (VI) 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 Service alleging
that the Service failed to publish a 12-month finding for Agave
eggersiana and Solanum 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, because we did not have sufficient
information to determine the true status of either A. eggersiana or S.
conocarpum in the wild. Further, we could not determine if either
species met the definition of threatened or endangered according to one
or more of the five listing factors because we did not have sufficient
evidence of which threats, if any, were affecting these species.
On September 9, 2008, the Center for Biological Diversity filed
another 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 Solanum conocarpum by February 15, 2011. This notice constitutes
the 12-month finding on the 1996 petition to list S. conocarpum as
endangered.

Species Information

Taxonomy and Species Description

Solanum conocarpum is a dry-forest shrub of the Solanaceae, or
tomato, family that may attain 3 meters (m) (9.8 feet (ft)) in height.
Its leaves are oblong-elliptic or oblanceolate (broader at the distal
third than the middle), range in size from 3.5 to 7 centimeters (cm)
(0.62 to 1.5 inches (in) wide, are coriaceous (leathery texture) and
glabrous (no hairs), and have a conspicuous yellowish midvein. The
flowers are usually paired in nearly sessile (not stalked) lateral or
terminal cymes (flat-topped flower cluster). The corolla consists of
five separate petals that are light violet, greenish at the base, and
about 2 cm (0.78 in) wide. The fruit, a berry, is ovoid-conical
(teardrop shaped), 2 to 3 cm (0.78 to 1.2 in) long, and turns from
green with white striations to golden yellow when ripe (Acevedo-
Rodr[iacute]guez 1996, p. 415). Little is known about the natural
history, reproductive biology, and effects of herbivory on the species
(Ray and Stanford 2003, p. 3).
The petition suggests that Solanum conocarpum might be functionally
dioecious (requiring male and female flowers from different plants to
outcross). However, P. Acevedo-Rodr[iacute]guez (pers. comm. 2002)
documented flowers and fruits in a solitary wild plant he discovered in
the White Cliff area (Reef Bay general area). He further suggested that
S. conocarpum may have less reproductive fitness due to selfing (self-
pollination). Later, Ray and Stanford (2005, p. 5)

[[Page 9723]]

conducted some pollination studies in a controlled environment that
indicate that the species might be an obligate outcrosser (plant has
both male and female parts, but it needs to outcross with other
individuals to produce fruits due to self-incompatibility) with
complete self-incompatibility. This study was conducted because, prior
to 2003, a lack of natural recruitment was observed in the wild (Ray
and Stanford 2003, p. 3; J. Saliva, Service, pers. obs. 2004; O.
Monsegur, Service, pers. obs. 2010; Vilella and Palumbo 2010, pp. 4-7).
DNA sampling of the majority of the populations suggests that most
populations have been long isolated (Ray and Stanford 2005, p. 18).
Additionally, genetic work performed by Dr. A. Stanford at the
University of the Virgin Islands has shown low heterozygosity (A
measure of the allele frequency or genetic diversity) (Ray pers. comm.
2010). Further, when compared with its close relative Solanum
polyganum, Solanum conocarpum appears to show a significant reduction
in genetic diversity (Ray pers. comm. 2010).

Habitat and Distribution

Solanum conocarpum was originally known from a type specimen
collected by L.C. Richard at Coral Bay, St. John (U.S. Virgin Islands,
or VI), in 1787 (Acevedo-Rodr[iacute]guez 1996, p. 415). No population
estimates are available from Richard's discovery, nor are there any
known population estimates prior to 1992. The species was rediscovered
in 1992 by P. Acevedo-Rodr[iacute]guez on the island of St. John (Ray
and Stanford 2003, p. 4). The species was presumed to be near
extinction, as two mature plants were believed to be the only specimens
left in the wild: One on Virgin Islands National Park (VINP) land and
one on private land (B. Kojis and R. Boulon pers. comm. 1996; Vilella
and Palumbo 2010, p. 1). The habitat descriptions of these two
localities are consistent with the localities reported by Acevedo-
Rodr[iacute]guez (1996, p. 415; pers. comm. 2002), who described the
habitat as a dry, deciduous forest.
After 1992, six additional populations of Solanum conocarpum were
identified. Among these newly discovered populations, the species has
been reported to occur on dry, poor soils (Ray and Stanford 2005, p.
6). It can be locally abundant in exposed topography on sites disturbed
by erosion (depositional zones at the toe of the slopes), areas that
have received moderate grazing, and around ridgelines as an understory
component in diverse woodland communities (Carper and Ray 2008, p. 1).
A habitat suitability model suggests that the vast majority of S.
conocarpum habitat is found in the lower elevation coastal scrub forest
(Vilella and Palumbo 2010, p. 10).
Acevedo-Rodr[iacute]guez (1996, p. 415) referenced the possibility
of the species being present on St. Thomas, and mentioned a collection
of a sterile specimen from Virgin Gorda (British Virgin Islands (BVI)).
Pedro Acevedo-Rodr[iacute]guez (pers. comm. 2002) believes that the
specimen from Virgin Gorda belongs to a different species, Cestrum
laurifolium. Omar Monsegur, Service biologist, recently conducted a
site visit to the John Folly population and identified several Cestrum
laurifolium adjacent to individuals of Solanum conocarpum. Both plants
(Cestrum laurifolium and S. conocarpum) look very similar, and it is
common to confuse the two species (O. Monsegur, pers. comm. 2010).
Appropriate surveys should be conducted in St. Thomas and the British
Virgin Islands to determine the presence or absence of the species on
the islands (O. Monsegur, pers. comm. 2010).
Several efforts have been conducted to propagate Solanum conocarpum
in the last decade. B. Kojis and R. Boulon (pers. comm. 1996) reported
that a local horticulturist, E. Gibney, was able to propagate the
species by cuttings (asexually) collected from the two individuals
known from the wild and to get them to reproduce sexually by dusting
the flowers. Ray and Stanford (2005, p. 6) reported that Gibney
successfully reproduced S. conocarpum and distributed specimens to
various places in the Virgin Islands. P. Acevedo-Rodr[iacute]guez
(pers. comm. 2002) reported planted individuals (cultivars) on the
Campus of the University of Virgin Islands in St. Thomas that are
sexually reproducing. He also reported a few individuals in the St.
George Botanical Garden in St. Croix, on the island of Tortola, at
Cannel Bay Hotel on St. John, and in the New York Botanical Garden, the
National Botanical Garden in Dominican Republic, and the Puerto Rico
Botanical Garden.

Current Status

Currently, Solanum conocarpum is known from eight localities on St.
John Island, VI (see Table 1): Two found on the north side of the
island (Base Hill and Brown Bay Trail) and six toward the southeast
side (Nanny Point, Friis Bay, Reef Bay, John Folly, Sabbat Point, and
Europa Ridge). All of the eight known localities of S. conocarpum are
wild populations each ranging from 1 to 144 individuals. The majority
of the individuals are found within the VINP boundaries, leaving only
two populations on private lands (Friis Bay and Sabbat Point).
The largest population of Solanum conocarpum is located at Nanny
Point. As a result of potential urban and tourism development at Nanny
Point, most of the natural population has been transferred to the VINP.
About 22 percent of the S. conocarpum population at Nanny Point was
located within a 30-ft access corridor to a private property (Carper,
pers. comm. 2005); however, these adult plants were transplanted to an
adjacent location on the VINP to avoid potential impacts from
development (Carper, pers. comm. 2010). A site visit to the population
in May 2010 showed that approximately 90 percent of the transplanted
(adult plants) were dead or stressed due to lack of water (Monsegur,
Service, unpublished data 2010). Additionally, observation of other S.
conocarpum deaths appears to result from competition with edge
vegetation (vines). The original population size at Nanny Point was
estimated at approximately 184 natural plants. As a result of the
combined deaths (transplants and competition), it is now estimated that
this population has decreased by 25 percent.
The owners of the private properties that harbor the Nanny Point
natural population agreed to protect an additional area corresponding
to Parcel 30-3 by donating it to the National Park Service (NPS)
(Carper and Selengut 2003, p. 1; Ray and Carper 2009, p. 2). Therefore,
the entire Nanny Point population, which is the largest known
population, now lies within a protected area managed by the VINP.
Additionally, one of the Nanny Point landowners has implemented an
active propagation program through germination and cloning of adult
individuals to enhance the Nanny Point population and other natural
populations (Brown Bay Trail and John Folly) (Ray and Carper 2009, p.
3). The aim of this program is to safeguard the genetic diversity of
the species and to enhance the existing populations (Ray and Carper
2009, p. 2; Carper 2010, p. 2). The transplanting efforts of seedlings
and cuttings (clones) seem to be successful (Monsegur, Service,
unpublished data 2010). Ray and Stanford (2005, p. 3) reported a 95-
percent seedling survival rate after a reintroduction at Reef Bay.
Further planting efforts conducted at Brown Bay Trail, John Folly, and
Nanny Point showed a 97-percent survival rate after 2 months (Ray and
Carper 2009, p. 5).
Populations located on Base Hill (one individual), Brown Bay Trail
(one

[[Page 9724]]

individual), Europa Ridge (one individual) and Reef Bay (six
individuals) lie within NPS lands. Recent evidence suggests that the
Reef Bay population was apparently extirpated, but there are no further
details about the causes for the extirpation (G. Ray, pers. comm.
2010). The Brown Bay individual is located on the edge of the Brown Bay
Trail, and shows evidence of damage due to trail maintenance. A new
population was recently recorded just along the boundaries of the NPS
(John Folly Bay) (M. Carper, pers. comm. 2010). This population is
composed of approximately 11 adult individuals and shows signs of human
disturbance within the area (Monsegur, Service, unpublished data 2010).
It is highly probable that they were pruned in the past, as there is a
small trail that goes across the population. Also the area was used as
a junkyard in the past, and there is debris on the area indicating
former use as a housing area (Monsegur, Service, unpublished data
2010). The John Folly Bay population is adjacent to Road 107, making
the population vulnerable to habitat degradation (deforestation and
soil erosion) due to road maintenance and potential future road
expansion. The second largest population, Friis Bay (33 individuals),
is found on privately owned property (Ray and Stanford 2005, p. 16).
Another private property site composed of a single individual is
located on Sabbat Point, an area adjacent to Friis Bay.
Ray and Stanford (2003, p. 4) developed an implementation plan to
conduct shade-house propagation, which used both seedlings and
cuttings, to reintroduce Solanum conocarpum seedlings within the VINP
on St. John. The plants responded well in shade-house conditions, where
seed germination and survivorship have been very successful, almost 100
percent and 95 percent, respectively. On the other hand, the survival
rate for the cutting technique (cutting a piece of a plant and inducing
root growth) is less than 10 percent under nursery conditions (Ray and
Carper 2009, p. 6). As observed during a site visit by a Service
biologist, the transplanting of seedlings and cuttings to the wild
seems to be successful (Monsegur, Service, unpublished data 2010).
Approximately 240 seedlings and propagules have been planted around
several of the wild individuals to enhance and augment the natural
populations of S. conocarpum (providing new genetic inflow to several
of the wild populations, especially to the populations consisting of
only one individual).

Table 1--Currently Known Populations of Solanum Conocarpum (Marron Bacora) on St. John
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Estimated
number of number of
Locality individuals in introduced Ownership Source of information
natural individuals
population reported
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nanny Point.......................... 144** 50 Public-NPS.............. Ray and Stanford 2005, p. 16; Ray and Carper 2009,
pp. 3 and 5; Vilella and Palumbo 2010, p. 1;
Monsegur, Service, pers. obs. 2010.
Friis Bay............................ 33 ............... Private................. Ray and Stanford 2005, p. 16.
John Folly........................... 11 37 Public-NPS (Boundary)... Ray and Carper 2009, pp. 3 and 5; Monsegur, Service,
pers. obs. 2010; Vilella and Palumbo 2010, p. 6.
Reef Bay............................. 6* 60 Public-NPS.............. Ray and Stanford 2005, p. 16; Monsegur, Service,
pers. obs. 2010.
Brown Bay Trail...................... 1 36 Public-NPS.............. Ray and Stanford 2005, p. 16; Ray & Carper 2009, pp.
3 and 5; Monsegur, Service, pers. obs. 2010.
Europa Ridge......................... 1 60 Public-NPS.............. Ray and Stanford 2005, p. 16; Monsegur, Service,
pers. obs. 2010.
Sabbat Point......................... 1 ............... Private................. Ray and Stanford 2005, p. 16.
Base Hill............................ 1 ............... Public-NPS.............. Ray and Stanford 2005, p. 16.
---------------------------------- ------------------------------------------------------
198 243
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Indicates that, based on Ray (pers. comm. 2010), this population is probably extirpated.
** This number does not include the 40 adult plants that died as a result of translocation.

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 Solanum conocarpum, 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 would
therefore attempt to determine how

[[Page 9725]]

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 Solanum conocarpum populations, only two
populations (Friis Bay and Sabbat Point) remain on private lands;
however, currently unsurveyed habitat suitable for S. conocarpum,
exists on additional private lands. All other known populations are
located on VINP lands. The populations that occur on private lands as
well as the ones bordering the VINP are subject to intense pressure
from urban development (Vilella and Palumbo 2010, p. 1). At present
time, the upper slopes and the drainage areas that surround the largest
population (Nanny Point) are privately owned. These private lands are
planned for housing development and have been divided for smaller
housing lots that are currently advertised for sale (Carper and
Selengut 2003, p. 1; Ray and Carper 2009, p. 2). The same pattern
(private lands divided for housing lots) is observed at the Johns Folly
drainage (Monsegur, pers. obs. 2010), where small housing developments
may jeopardize undetected populations. In addition, habitat suitability
models conducted by Vilella and Palumbo (2010, p. 7) indicate that a
good portion of the high-quality (39 percent) and moderate quality (38
percent) habitat for S. conocarpum is located within private lands
subject to urban development. The relative abundance of the species at
some sites (Nanny Point and Friis Bay) may indicate that the species
was once more common and that it was an important component of the
vegetation of the dry forest of St. John. Even though the majority of
the known populations lie within federally protected areas, the likely
destruction or modification of the high-quality habitat within St. John
may imply the extirpation of undetected populations and the
irreversible damage to areas with suitable habitat for the
reintroduction of the species.
Based on the above information, we consider the present or
threatened destruction, modification, or curtailment of the species'
habitat or range as a low-to-moderate, not imminent threat to
populations of Solanum conocarpum. Despite the majority of known S.
conocarpum individuals occurring within protected areas, a large part
of the suitable habitat for the species is under pressure from future
development, which could result in the extirpation of unknown
populations.

Factor B: Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes

The current available information on the species does not suggest
that over-utilization for commercial, recreational, scientific, or
educational purposes has contributed to a decline of Solanum
conocarpum. In recent years, S. conocarpum has been propagated from
seeds and cuttings obtained from wild populations; however, collection
for these purposes is not thought to affect survivability of
individuals or negatively affect the status of the species. In fact,
this practice has significantly enhanced the existing populations, and
continues to safeguard the genetic diversity of the species (Ray and
Stanford 2005, p. 3; Ray and Carper 2009, p. 2). This is the only known
use of the species, and it is strictly for scientific purposes.
Therefore, we do not have any evidence that suggests overutilization as
a threat to S. conocarpum.

Factor C: Disease or Predation

It has been hypothesized that hermit crabs act as predators of the
fruits and seeds of Solanum conocarpum (Ray 2005, p. 2). Hermit crabs
have been observed feeding on the fruit where shrub densities are high
(Ray and Carper, 2008, p. 1; Ray, 2005, p. 2). Fruit and seed
production in the Nanny Point and John Folly populations has been
reported as ample and copious (Ray 2005, p. 6; Carper, pers. comm.
2010). While hermit crabs may consume fallen fruit in large quantities
(Ray 2005, p. 2), it is not known at this time if fruit consumption
prevents seed germination (e.g., potentially crushing seed embryos as
the crabs feed), or if this consumption is in any way responsible for
the lack of seedling recruitment in the wild. Another observation of S.
conocarpum predation was reported by Vilella and Palumbo (2010, p. 14)
and was presumed to be by insects feeding on the leaves. This
observation concurs with the reports by Ray and Stanford (2005, p. 15)
indicating bite marks of an herbivore insect on S. conocarpum leaves.
Nevertheless, there is no clear evidence indicating that seed or plant
predation is adversely affecting the status of the species. Based on
the above, we do not consider disease or predation as a current threat
to the species.

Factor D: The Inadequacy of Existing Regulatory Mechanisms

The Territory of the U.S. Virgin Islands currently considers
Solanum conocarpum 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.
However, Rothenberger et al. (2008, p. 68) mentioned that the lack of
management and enforcement capacity continues to be a significant
challenge for the U.S. Virgin Islands, since enforcement agencies are
chronically understaffed and territorial resource management offices
experience significant staff turnover. Despite this, however, we do not
consider the inadequacy of Territorial regulatory mechanisms to be a
threat, because at this time we have not identified any adverse effect
to the populations or the species related to collection or take of S.
conocarpum.
The National Park Service, under its Organic Act, is responsible
for managing the national parks to conserve the scenery and the natural
and historic objects and the wildlife. 16 U.S.C. 1. The National Parks
Omnibus Management Act of 1998 requires the NPS to inventory and
monitor its natural resources. 16 U.S.C. 5934. NPS has implemented its
resource management responsibilities through its Management Policies,
Section 4.4, which states that ``it will maintain as parts of the
natural ecosystems of parks all plants and animals native to park
ecosystems.''
Section 207 of the Omnibus Management Act of 1998 allows NPS to
withhold from the public information related to the nature and specific
location of endangered, threatened, or rare species unless disclosure
would not create an unreasonable risk of harm to the species. 16 U.S.C.
5937.
Pursuant to many of these authorities, VINP does not allow cutting
of vegetation and all natural resource activities must be permitted by
the park (Boulon, pers. comm. 2010).
In short, we do not consider the inadequacy of Federal regulatory
mechanisms to be a threat to the populations of S. conocarpum located
in VINP. The regulatory mechanisms discussed above allow NPS to prevent
collection or take of S. conocarpum on NPS property. Furthermore, we do
not consider development outside VINP to

[[Page 9726]]

be a threat to S. conocarpum populations inside VINP.

Factor E: Other Natural or Manmade Factors Affecting the Continued
Existence of the Species

Human-Induced Fires
In the Caribbean, native plant species, particularly endemics with
limited distribution, may be vulnerable to natural or manmade events
such as hurricanes and human-induced fires. Fire is not a natural
component of subtropical dry forest in Puerto Rico and the Virgin
Islands; thus, most species found in this type of forest are not fire
adapted (Monsegur 2009, p. 26). Solanum conocarpum is associated with
lower elevation dry forests. This habitat may be susceptible to forest
fires, particularly on private lands, where fire could be accidentally
ignited. Furthermore, regenerating forests, such as the ones prevalent
in St. John, are prone to wildfires that promote a decrease in the
stature of the vegetation and allow for the development of persistent
shrubland dominated by introduced tree species and grasses (Wiley and
Vilella 1998, p. 340). Studies conducted within the Gu[aacute]nica
Forest in southern Puerto Rico indicate that some exotic tree species
can remain as a dominant canopy species for at least 80 years (Wolfe
2009, p. 2). Given the growth habit of S. conocarpum, it is unlikely
that mature individuals would survive a fire even of moderate intensity
(Vilella and Palumbo 2010, p. 15), and, therefore, the species might be
outcompeted by exotics. However, a site visit to St. John to evaluate
the threats to the species, found no substantial evidence that fires
posed as an imminent threat to the species (Monsegur, pers. obs. 2010).
The only site that is vulnerable to fires is the John Folly site, due
to its proximity to a road and the accumulation of debris associated
with a former house (Monsegur, pers. obs. 2010). In addition, the VINP
has a fire prevention plan that includes the protection of native
species, including S. conocarpum. Therefore, we conclude that this
species is not currently threatened by human-induced fires.
Hurricanes and Climate Change
Hurricanes frequently affect the islands of the Caribbean.
Successional responses to hurricanes can influence the structure and
composition of plant communities in the Caribbean islands (Van Bloem et
al. 2005, p. 576). Within natural conditions, it is likely that Solanum
conocarpum is well adapted to these tropical storms. However, the
cumulative effect of severe tropical storms and increased sediment
runoff may jeopardize the establishment of seedlings along drainage
areas usually associated with suitable habitat for S. conocarpum (Ray
2005, p. 2; Monsegur, pers. obs. 2010). Due to the low number of adult
individuals and the problems regarding the natural recruitment of the
species, severe tropical storms may have an adverse impact on the
species. However, based on the available information, we consider
hurricanes as a low and not imminent threat to the species.
Solanum conocarpum 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. As
a result, we consider the threat of climate change to be moderate and
imminent. We do not anticipate any changes that would appreciably
reduce this threat in the foreseeable future.
Lack of Natural Recruitment
Lack of natural recruitment represents one of the major threats to
the Solanum conocarpum. Based on the structure of the populations of
Nanny Point and John Folly, these populations are predominantly
composed of old individuals. This is also true for the Brown Bay Trail
individual. Seedling and sapling stages are missing in these
populations, and old individuals are dying due to competition with
other species such as vines. Without natural recruitment or successful
augmentation from captive propagated individuals, these populations are
likely to become extirpated as older S. conocarpum individuals die.
Despite the efforts to enhance the natural populations by planting
seedlings and saplings, it is unknown if the planted individuals will
develop as mature plants capable of reproduction. Flowering or fruit
production of individuals planted in the wild has not been reported to
date. Additionally, the structure of the existing wild population
indicates that they are mostly composed of old individuals (Monsegur,
pers. obs. 2010). Hermit crab consumption of fruit is currently the
only factor suspected in the lack of natural recruitment; however, as
both species coevolved in the same habitat, this consumption is
unlikely to explain the complete lack of recruitment. Plant sterility
is also not a viable theory for the lack of recruitment, as germination
under greenhouse conditions is highly successful, with almost 100-
percent germination (Ray and Stanford, 2005, p. 6). Although the cause
of Solanum conocarpum's unsuccessful recruitment is unknown, it is not
the only species within the Solanaceae family facing this threat.
Matabuey (Goetzea elegans) is an example of another species endemic to
the Caribbean that shows a conspicuous flowering with showy fruits, but
faces problems with its dispersion and recruitment. Similar to Solanum
conocarpum, matabuey shows an outstanding germination under greenhouse
conditions. Based on the above, we consider lack of natural recruitment
as a high and imminent threat to the species.
Reproductive Biology
The nature of the relationships between Solanum conocarpum and the
different pollinators and seed dispersers that have interacted with
this species over its evolutionary history is important to consider.
Controlled pollination studies concluded that this species is an
obligate outcrosser (reproduction requires pollen from another plant)
with complete self-incompatibility (Ray and Stanford 2005, p. 5). As
plant populations become reduced and spatially segregated, important
life-history needs provided by pollinators and seed dispersers may be
compromised (Kearns and Inouye 1997, p. 299). It is possible that the
natural fruit dispersers of S. conocarpum focused on other food sources
as the populations of this shrub became increasingly patchy, due to
changes in the structure and composition of the vegetation because of
deforestation and introduction of exotic plant species. The absence of
a fruit disperser may indicate that the disperser of a species is
extinct or that the populations are too small to attract the disperser
(Roman, 2006, p. 50). The loss of potential breeding partners,
reduction or loss of pollinators, and the loss of seed dispersers are
examples of negative impacts due to habitat fragmentation (Kearns and
Inouye 1997, p. 299; Murren 2002, p. 101). As an obligate outcrosser,
S. conocarpum encounters another challenge, in that isolated and relic
individuals may no longer reproduce unless enhancement and

[[Page 9727]]

artificial propagation projects are conducted. We consider the absence
of natural dispersion to be a high and imminent threat.
Genetic Variation
Along with a decreasing population size, negative impacts of
habitat fragmentation may result in erosion of genetic variation
through the loss of alleles by random genetic drift (Honnay and
Jacquemyn, 2007, p. 824). Habitat fragmentation may also limit the
ability of a species to respond to a changing environment (Booy et al.
2000, p. 385). Research conducted on Solanum conocarpum shows a
reduction in its genetic diversity (Ray and Stanford 2005, p. 18). The
population with the greatest genetic diversity is the one located at
Nanny Point, which also has the largest number of individuals. In
addition to attempts to safeguard the genetic diversity of the species,
the survival of reintroduced individuals needs to be monitored, as well
as their development into mature individuals capable of contributing to
the natural recruitment of the species. Consequently, the protection
and monitoring of known adult individuals should be considered as a
high priority for the conservation of the species. Based on the above,
we consider the lack of genetic variation as a moderate but imminent
threat to the species.
Nonnative Species
Exotic mammal browsers are found throughout the range of Solanum
conocarpum on St. John Island. These include feral goats (Capra
aegagrus hircus), pigs (Sus scrofa), Key deer (Odocoileus virginianus
clavium), and donkeys (Equus asinus) (Vilella and Palumbo 2010, p. 5;
Monsegur, pers. obs. 2010). Feral donkeys, pigs, deer, and goats could
directly and indirectly affect S. conocarpum populations by uprooting
and eating seedlings, destabilizing slopes, and dispersing exotic plant
species, thus preventing or reducing sustainability of populations of
S. conocarpum. However, the extent of such threats to the species is
``speculative'' (NPS 2003, p. 37) and ``imprecise'' (NPS 2004, p. 43).
There is no available information on the role these exotic species may
play as a limiting factor to S. conocarpum population dynamics in
general, and to recruitment in particular (Schemske et al. 1994, p.
592). VINP is implementing plans to control the populations of
nonnative feral hogs, goats, and sheep within VINP (NPS 2003, 2004).
Feral hog populations in VINP are low, and reduction efforts have been
targeted to problem areas such as Reef Bay Valley (NPS 2008, p. 2).
However, hogs continue to be a problem at the Reef Bay area as they
uproot the vegetation searching for food and water (Monsegur, Service,
unpublished data 2010). The Service conducted a field assessment that
confirmed the presence of exotic mammal species within Solanum
conocarpum habitat, and which highlighted the abundance of the Key deer
and herds of feral goats (Monsegur, Service, unpublished data 2010).
The observations by Monsegur (2010) coincide with reports of a high
abundance of key deer within the range of S. conocarpum by Ray and
Stanford (2005, p. 19), and also with reports from the NPS that
describe deer populations as increasing (NPS 2008, p. 4). Despite the
reports of the intrusion of free-roaming ungulates within S. conocarpum
natural populations (Ray and Stanford, 2005, p. 5), there is a lack of
information regarding the specific adverse effects of these exotic
animals on the species. It is expected that, due to their abundance,
exotic mammal species are modifying the structure of the vegetation
and, therefore, the environmental conditions on these areas. This may
imply changes to microhabitat conditions that are necessary for seed
germination and seedling recruitment of S. conocarpum. Apparently, the
distribution of the species seems to be more correlated with abiotic or
environmental factors, than with composition or structure of the
vegetation, as S. conocarpum shows little fidelity to any particular
suite of community associates (Ray and Stanford 2005, p. 5).
At this time, there is no clear evidence that donkeys, deer, pigs,
or goats constitute a specific threat to Solanum conocarpum by feeding
on young or adult, wild or reintroduced individuals, and fruits of the
species. However, the impacts of introduced herbivores on the species
include modifying the structure of the vegetation and the environmental
conditions in which S. conocarpum evolved and that are required for
their natural recruitment. Based on the above, we consider the effects
of ungulates as a moderate but imminent threat to the species.
In summary, we consider that Solanum conocarpum is threatened by
the lack of natural recruitment, absence of dispersers, fragmented
distribution, lack of genetic variation, climate change, and habitat
destruction or modification by exotic mammal species. These threats are
evidenced by the reduced number of individuals, low number of
populations, and lack of connectivity between populations, any or all
of which may result in an increased risk of genetic drift. Thus, we
consider threats under this factor to be high in magnitude and
imminent.

Finding

As required by the Act, we conducted a review of the status of the
species and considered the five factors in assessing whether Solanum
conocarpum 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, and other available published and unpublished
information; consulted with species and habitat experts and other
Federal and State agencies; and conducted field surveys on the island
of St. John.
This status review identified threats to the species attributable
to Factors A and E. Of the currently known eight populations, two are
located on private lands, and six are located in the Virgin Islands
National Park System. Habitat modification may result in irreversible
damage to the species' natural habitat, decreasing the number of
individuals in already small populations. In addition, the current sale
of private housing lots adjacent to currently known populations may
suggest future urban developments that could lead to the extirpation of
unknown populations (see Factor A).
Solanum conocarpum is also threatened by the lack of natural
recruitment, absence of dispersers, fragmented distribution, lack of
genetic variation, and habitat destruction or modification by exotic
mammal species. These threats are evidenced by the predominance of old
individuals in the populations, reduced number of individuals, low
number of populations, and lack of connectivity between populations,
any or all of which may result in an increased risk of genetic drift.
Furthermore, four of the currently known localities consist of a single
individual, which may not be sustainable, as the species has been
identified as an obligate outcrosser. One natural population has been
reported as extirpated, the largest population has suffered a reduction
of approximately 25 percent of the natural individuals, and low genetic
variability has been reported for the species. In addition, the
abundance of feral animals may modify the structure of vegetation and
may change the conditions necessary for

[[Page 9728]]

seed germination or seedling recruitment (see Factor E).
The Service does not have any substantial evidence to suggest that
overutilization (Factor B), predation or disease (Factor C) or
inadequacy of regulatory mechanisms (Factor D) is a threat for Solanum
conocarpum at this time.
On the basis of the best scientific and commercial information
available, we find that listing Solanum conocarpum is warranted. We
will make a determination on the status of the species as threatened or
endangered when we develop 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 the need to make progress on adding or removing
already 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 under section 4(b)(7) of the Act is warranted. We determined
that issuing an emergency regulation temporarily listing this species
is not warranted at this time, since approximately 198 individuals in
natural populations are known to occur in 8 localities where the
majority of the individuals (86 percent) are located within protected
areas (Table 1). However, if at any time we determine that issuing an
emergency regulation temporarily listing the species is warranted, 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).
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 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).
Under the Service's guidelines, the magnitude of threat is the
first criterion we look at when establishing a listing priority. The
guidance indicates that species with the highest magnitude of threat
are those species facing the greatest threats to their existence. These
species receive the highest listing priority. We consider the threats
to Solanum conocarpum to be high in magnitude because many of the
threats that we analyzed are present throughout the range and are
likely to result in adverse impact to the status of the species.
Under our LPN guidelines, the second criterion we consider in
assigning a listing priority is the immediacy of threats. This
criterion is intended to ensure that species facing actual,
identifiable threats are given priority over those for which threats
are will likely occur in the future, or species that are intrinsically
vulnerable but are not known to be presently facing threats. Not all
threats to Solanum conocarpum are imminent, but we do have evidence of
some currently ongoing threats. Studies show that S. conocarpum is
limited by its lack of recruitment and low reproductive capacity, both
of which are likely due to habitat fragmentation.
Threats under Factor A are low-to-moderate, but not imminent
because of protections provided through conservation agreements within
private lands and management of the populations on VINP lands. The
majority of the threats to Factor E are high in magnitude and imminent
because they are currently occurring throughout the range of the
species and result in the lack of successful recruitment. Threats under
Factor E have occurred in the past and are clearly a threat today and
in the near future. These impacts directly affect the species ability
to produce new plants and the older plants are dying due to competition
with other vegetation. Additionally, the pollinators and seed
dispersers are unknown and may be focused on other food sources as the
species population became fragmented. The U.S. Virgin Island and the
IUCN have already classified this species as endangered according to
their criteria.
The third criterion in our LPN guidelines is intended to devote
resources to those species representing highly distinctive or isolated
gene pools as reflected by taxonomy. We determined that Solanum
conocarpum is a full species, and as noted above, it faces threats of a
high magnitude and nonimmediacy.
As a result of our analysis of the best available scientific and
commercial information, we assigned Solanum conocarpum a Listing
Priority Number 2, based on the high magnitude and imminent threats
described under Factor E. At least two of the threats discussed above
are occurring now, and we anticipate they will still occur in the near
future in St. John. These threats are ongoing and in some cases are
considered irreversible. While we conclude that listing the species is
warranted, an immediate proposal to list this species is precluded by
work on higher priority listing actions with absolute statutory, court-
ordered, or court-approved deadlines and final listing determinations
for those species that were proposed for listing with funds from Fiscal
Year 2011. This work includes all the actions listed in the tables
below under expeditious progress.
We will continue to monitor the threats to Solanum conocarpum, and
the species' status on an annual basis, and should the magnitude or the
imminence of the threats change, we will revisit our assessment of the
LPN.

Preclusion and Expeditious Progress

Preclusion is a function of the listing priority of a species in
relation to the resources that are available and the cost and relative
priority of 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 listing proposal regulation or whether
promulgation of such a proposal is precluded by higher-priority listing
actions.
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
``resubmitted'' petition findings on prior warranted-but-precluded
petition findings as required under section 4(b)(3)(C)(i) of

[[Page 9729]]

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. The median cost for preparing and publishing a 90-day finding
is $39,276; for a 12-month finding, $100,690; for a proposed rule with
critical habitat, $345,000; and for a final listing rule with critical
habitat, the median cost is $305,000.
We cannot spend more than is appropriated for the Listing Program
without violating the Anti-Deficiency Act (see 31 U.S.C.
1341(a)(1)(A)). In addition, in FY 1998 and for each fiscal year since
then, Congress has placed a statutory cap on funds which 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, 105th Congress, 1st Session, July 1,
1997).
Since FY 2002, the Service's budget has included a critical habitat
subcap 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, 107th 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 some FYs since 2006, we have been able to use some of
the critical habitat subcap funds to fund proposed listing
determinations for high-priority candidate species. In other FYs, 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. At this time, for FY 2011, we do not know if we
will be able to use some of the critical habitat subcap funds to fund
proposed listing determinations.
We 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.
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 nationwide. 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 identified the availability of resources as the only basis
for deferring the initiation of a rulemaking that is warranted. The
Conference Report accompanying Public Law 97-304 (Endangered Species
Act Amendments of 1982), which established the current statutory
deadlines and the warranted-but-precluded finding, states that the
amendments 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.'' Although that
statement appeared to refer specifically to the ``to the maximum extent
practicable'' limitation on the 90-day deadline for making a
``substantial information'' finding, that finding is made at the point
when the Service is deciding whether or not to commence a status review
that will determine the degree of threats facing the species, and
therefore the analysis underlying the statement is more relevant to the
use of the warranted-but-precluded finding, which is made when the
Service has already determined the degree of threats facing the species
and is deciding whether or not to commence a rulemaking.
In FY 2011, on December 22, 2010, Congress passed a continuing
resolution which provides funding at the FY 2010 enacted level through
March 4, 2011. Until Congress appropriates funds for FY 2011 at a
different level, we will fund listing work based on the FY 2010 amount.
Thus, at this time in FY 2011, the Service anticipates an appropriation
of $22,103,000 based on FY 2010 appropriations. Of that, the Service
must dedicate $11,632,000 for determinations of critical habitat for
already listed species. Also $500,000 is appropriated for foreign
species listings under the Act. The Service thus has $9,971,000
available 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. In FY 2010 the Service received many new
petitions and a single petition to list 404 species. The receipt of
petitions for a large number of species is consuming the Service's
listing funding that is not dedicated to meeting court-ordered
commitments. Absent some ability to balance effort among listing duties
under existing funding levels, it is unlikely that the Service will be
able to initiate any new listing determination for candidate species in
FY 2011.
In 2009, the responsibility for listing foreign species under the
Act was transferred from the Division of Scientific Authority,
International Affairs Program, to the Endangered Species Program.
Therefore, starting in FY 2010, we used a portion of our funding to
work on the actions described above for listing actions related to
foreign species. In FY 2011, we anticipate using $1,500,000 for work on
listing actions for foreign species which reduces funding available for
domestic listing actions, however, currently only $500,000 has been
allocated. Although there are currently no foreign species issues
included in our high-priority listing actions at this time, many
actions have statutory or court-approved settlement deadlines, thus
increasing their priority. The budget allocations for each specific
listing action are identified in the Service's FY 2011 Allocation Table
(part of our record).

[[Page 9730]]

For the above reasons, funding a proposed listing determination for
Solanum conocarpum is precluded by court-ordered and court-approved
settlement agreements, listing actions with absolute statutory
deadlines, and work on proposed listing determinations for those
candidate species with a higher listing priority (i.e., candidate
species with LPNs of 1).
As discussed under Listing Priority Number above, based on our
September 21, 1983, guidance for assigning an LPN for each candidate
species (48 FR 43098), we have a significant number of species with a
LPN of 2. Because of the large number of high-priority species, we have
further ranked the candidate species with an LPN of 2 by using the
following extinction-risk type criteria: International Union for the
Conservation of Nature and Natural Resources (IUCN) Red list status/
rank, Heritage rank (provided by NatureServe), Heritage threat rank
(provided by NatureServe), and species currently with fewer than 50
individuals, or 4 or fewer populations. Those species with the highest
IUCN rank (critically endangered), the highest Heritage rank (G1), the
highest Heritage threat rank (substantial, imminent threats), and
currently with fewer than 50 individuals, or fewer than 4 populations,
originally comprised a group of approximately 40 candidate species
(``Top 40''). These 40 candidate species have had the highest priority
to receive funding to work on a proposed listing determination. As we
work on proposed and final listing rules for those 40 candidates, we
apply the ranking criteria to the next group of candidates with an LPN
of 2 and 3 to determine the next set of highest priority candidate
species. 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. However, for efficiency reasons, we may choose to work on
a proposed rule to reclassify a species to endangered if we can combine
this with work that is subject to a court-determined deadline.
With our workload so much bigger than the amount of funds we have
to accomplish it, it is important that we be as efficient as possible
in our listing process. Therefore, as we work on proposed rules for the
highest priority 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, we take into
consideration the availability of staff resources when we determine
which high-priority species will receive funding to minimize the amount
of time and resources required to complete each listing action.
As explained above, a determination that listing is warranted but
precluded must also demonstrate that expeditious progress is being made
to add and remove qualified species to and from the Lists of Endangered
and Threatened Wildlife and Plants. As with our ``precluded'' finding,
the evaluation of whether progress in adding qualified species to the
Lists has been expeditious is a function of the resources available for
listing and the competing demands for those funds. (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 in light of
the resource available for delisting, which is funded by a separate
line item in the budget of the Endangered Species Program. So far
during FY 2011, we have completed one delisting rule.) Given the
limited resources available for listing, we find that we are making
expeditious progress in FY 2011 in the Listing. This progress included
preparing and publishing the following determinations:

FY 2011 Completed Listing Actions
----------------------------------------------------------------------------------------------------------------
Publication date Title Actions FR Pages
----------------------------------------------------------------------------------------------------------------
10/6/2010.................... Endangered Status for the Proposed Listing 75 FR 61664-61690
Altamaha Spinymussel and Endangered.
Designation of Critical
Habitat.
10/7/2010.................... 12-month Finding on a Petition Notice of 12- 75 FR 62070-62095
To List the Sacramento month petition
Splittail as Endangered or finding, Not
Threatened. warranted.
10/28/2010................... Endangered Status and Proposed Listing 75 FR 66481-66552
Designation of Critical Endangered
Habitat for Spikedace and (uplisting).
Loach Minnow.
11/2/2010.................... 90[dash]Day Finding on a Notice of 90-day 75 FR 67341-67343
Petition To List the Bay Petition
Springs Salamander as Finding, Not
Endangered. substantial.
11/2/2010.................... Determination of Endangered Final Listing 75 FR 67511-67550
Status for the Georgia Pigtoe Endangered.
Mussel, Interrupted Rocksnail,
and Rough Hornsnail and
Designation of Critical
Habitat.
11/2/2010.................... Listing the Rayed Bean and Proposed Listing 75 FR 67551-67583
Snuffbox as Endangered. Endangered.
11/4/2010.................... 12-Month Finding on a Petition Notice of 12- 75 FR 67925-67944
To List Cirsium wrightii month petition
(Wright's Marsh Thistle) as finding,
Endangered or Threatened. Warranted but
precluded.
12/14/2010................... Endangered Status for Dunes Proposed Listing 75 FR 77801-77817
Sagebrush Lizard. Endangered.
12/14/2010................... 12-month Finding on a Petition Notice of 12- 75 FR 78029-78061
To List the North American month petition
Wolverine as Endangered or finding,
Threatened. Warranted but
precluded.
12/14/2010................... 12-Month Finding on a Petition Notice of 12- 75 FR 78093-78146
To List the Sonoran Population month petition
of the Desert Tortoise as finding,
Endangered or Threatened. Warranted but
precluded.

[[Page 9731]]

12/15/2010................... 12-Month Finding on a Petition Notice of 12- 75 FR 78513-78556
To List Astragalus microcymbus month petition
and Astragalus schmolliae as finding,
Endangered or Threatened. Warranted but
precluded.
12/28/2010................... Listing Seven Brazilian Bird Final Listing 75 FR 81793-81815
Species as Endangered Endangered.
Throughout Their Range.
1/4/2011..................... 90[dash]Day Finding on a Notice of 90-day 76 FR 304-311
Petition To List the Red Knot Petition
subspecies Calidris canutus Finding, Not
roselaari as Endangered. substantial.
1/19/2011.................... Endangered Status for the Proposed Listing 76 FR 3392-3420
Sheepnose and Spectaclecase Endangered.
Mussels.
2/10/2011.................... 12-Month Finding on a Petition Notice of 12- 76 FR 7634-7679
To List the Pacific Walrus as month petition
Endangered or Threatened. finding,
Warranted but
precluded.
----------------------------------------------------------------------------------------------------------------

Our expeditious progress also includes work on listing actions that
we funded in FY 2010 and FY 2011 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, as
discussed above, 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.

Actions Funded in FY 2010 and FY 2011 But Not Yet Completed
----------------------------------------------------------------------------------------------------------------
Species Action
----------------------------------------------------------------------------------------------------------------
Actions Subject to Court Order/Settlement Agreement
----------------------------------------------------------------------------------------------------------------
Flat-tailed horned lizard.................... Final listing determination.
Mountain plover \4\.......................... Final listing determination.
Thorne's Hairstreak butterfly \3\............ 12-month petition finding.
Hermes copper butterfly \3\.................. 12-month petition finding.
4 parrot species (military macaw, yellow- 12-month petition finding.
billed parrot, red-crowned parrot, scarlet
macaw) \5\.
4 parrot species (blue-headed macaw, great 12-month petition finding.
green macaw, grey-cheeked parakeet, hyacinth
macaw)\5\.
4 parrot species (crimson shining parrot, 12-month petition finding.
white cockatoo, Philippine cockatoo, yellow-
crested cockatoo)\5\.
Utah prairie dog (uplisting)................. 90-day petition finding.
----------------------------------------------------------------------------------------------------------------
Actions with Statutory Deadlines
----------------------------------------------------------------------------------------------------------------
Casey's june beetle.......................... Final listing determination.
Southern rockhopper penguin--Campbell Plateau Final listing determination.
population.
6 Birds from Eurasia......................... Final listing determination.
5 Bird species from Colombia and Ecuador..... Final listing determination.
Queen Charlotte goshawk...................... Final listing determination.
5 species southeast fish (Cumberland darter, Final listing determination.
rush darter, yellowcheek darter, chucky
madtom, and laurel dace)\4\.
Ozark hellbender \4\......................... Final listing determination.
Altamaha spinymussel \3\..................... Final listing determination.
3 Colorado plants (Ipomopsis polyantha Final listing determination.
(Pagosa Skyrocket), Penstemon debilis
(Parachute Beardtongue), and Phacelia
submutica (DeBeque Phacelia))\4\.
Salmon crested cockatoo...................... Final listing determination.
6 Birds from Peru and Bolivia................ Final listing determination.
Loggerhead sea turtle (assist National Marine Final listing determination.
Fisheries Service) \5\.
2 mussels (rayed bean (LPN = 2), snuffbox No Final listing determination.
LPN) \5\.
CA golden trout \4\.......................... 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/Proposed listing.

[[Page 9732]]

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.
5 UT plants (Astragalus hamiltonii, Eriogonum 12-month petition finding.
soredium, Lepidium ostleri, Penstemon
flowersii, Trifolium friscanum) 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 petition). 12-month petition finding.
Frigid ambersnail (from 206 species petition) 12-month petition finding.
\3\.
Platte River caddisfly (from 206 species 12-month petition finding.
petition) \5\.
Gopher tortoise--eastern population.......... 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) \4\.
Rattlesnake-master borer moth (from 475 12-month petition finding.
species petition) \3\.
3 Texas moths (Ursia furtiva, Sphingicampa 12-month petition finding.
blanchardi, Agapema galbina) (from 475
species petition).
2 Texas shiners (Cyprinella sp., Cyprinella 12-month petition finding.
lepida) (from 475 species petition).
3 South Arizona plants (Erigeron piscaticus, 12-month petition finding.
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 \3\.......... 12-month petition finding.
Western gull-billed tern..................... 12-month petition finding.
Ozark chinquapin (Castanea pumila var. 12-month petition finding.
ozarkensis) \4\.
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.
Ashy storm-petrel \5\........................ 12-month petition finding.
Honduran emerald............................. 12-month petition finding.
Southeastern pop. snowy plover and 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.
32 Pacific Northwest mollusks species (snails 90-day petition finding.
and slugs) \1\.
42 snail species (Nevada and Utah)........... 90-day petition finding.
Peary caribou................................ 90-day petition finding.
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 \4\.................... 90-day petition finding.
Sand-verbena moth............................ 90-day petition finding.
404 Southeast species........................ 90-day petition finding.
Franklin's bumble bee \4\.................... 90-day petition finding.
2 Idaho snowflies (straight snowfly and Idaho 90-day petition finding.
snowfly) \4\.
American eel \4\............................. 90-day petition finding.
Gila monster (Utah population) \4\........... 90-day petition finding.
Arapahoe snowfly \4\......................... 90-day petition finding.
Leona's little blue \4\...................... 90-day petition finding.
Aztec gilia \5\.............................. 90-day petition finding.
White-tailed ptarmigan \5\................... 90-day petition finding.
San Bernardino flying squirrel \5\........... 90-day petition finding.
Bicknell's thrush \5\........................ 90-day petition finding.
Chimpanzee................................... 90-day petition finding.
Sonoran talussnail \5\....................... 90-day petition finding.
2 AZ Sky Island plants (Graptopetalum 90-day petition finding.
bartrami and Pectis imberbis) \5\.
I'iwi \5\.................................... 90-day petition finding.
----------------------------------------------------------------------------------------------------------------

[[Page 9733]]

High-Priority Listing Actions
----------------------------------------------------------------------------------------------------------------
19 Oahu candidate species \2\ (16 plants, 3 Proposed listing.
damselflies) (15 with LPN = 2, 3 with LPN =
3, 1 with LPN = 9).
19 Maui-Nui candidate species \2\ (16 plants, Proposed listing.
3 tree snails) (14 with LPN = 2, 2 with LPN
= 3, 3 with LPN = 8).
2 Arizona springsnails \2\ (Pyrgulopsis Proposed listing.
bernadina (LPN = 2), Pyrgulopsis trivialis
(LPN = 2)).
Chupadera springsnail \2\ (Pyrgulopsis Proposed listing.
chupaderae (LPN = 2).
8 Gulf Coast 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)) \4\.
Umtanum buckwheat (LPN = 2) and white bluffs Proposed listing.
bladderpod (LPN = 9) \4\.
Grotto sculpin (LPN = 2) \4\................. Proposed listing.
2 Arkansas mussels (Neosho mucket (LPN = 2) Proposed listing.
and Rabbitsfoot (LPN = 9)) \4\.
Diamond darter (LPN = 2) \4\................. Proposed listing.
Gunnison sage-grouse (LPN = 2) \4\........... Proposed listing.
Miami blue (LPN = 3) \3\..................... Proposed listing.
4 Texas salamanders (Austin blind salamander Proposed listing.
(LPN = 2), Salado salamander (LPN = 2),
Georgetown salamander (LPN = 8), Jollyville
Plateau (LPN = 8)) \3\.
5 SW aquatics (Gonzales Spring Snail (LPN = Proposed listing.
2), Diamond Y springsnail (LPN = 2), Phantom
springsnail (LPN = 2), Phantom Cave snail
(LPN = 2), Diminutive amphipod (LPN = 2))\3\.
2 Texas plants (Texas golden gladecress Proposed listing.
(Leavenworthia texana) (LPN = 2), Neches
River rose-mallow (Hibiscus dasycalyx) (LPN
= 2))\3\.
FL bonneted bat (LPN = 2) \3\................ Proposed listing.
21 Big Island (HI) species \5\ (includes 8 Proposed listing.
candidate species--5 plants and 3 animals; 4
with LPN = 2, 1 with LPN = 3, 1 with LPN =
4, 2 with LPN = 8).
12 Puget Sound prairie species (9 subspecies Proposed listing.
of pocket gopher (Thomomys mazama ssp.) (LPN
= 3), streaked horned lark (LPN = 3),
Taylor's checkerspot (LPN = 3), Mardon
skipper (LPN = 8))\3\.
2 TN River mussels (fluted kidneyshell (LPN = Proposed listing.
2), slabside pearlymussel (LPN = 2) \5\.
Jemez Mountain salamander (LPN = 2) \5\...... Proposed listing.
----------------------------------------------------------------------------------------------------------------
\1\ Funds for listing actions for these species were provided in previous FYs.
\2\ Although funds for these high-priority listing actions were provided in FY 2008 or 2009, due to the
complexity of these actions and competing priorities, these actions are still being developed.
\3\ Partially funded with FY 2010 funds and FY 2011 funds.
\4\ Funded with FY 2010 funds.
\5\ Funded with FY 2011 funds.

We have 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 Solanum conocarpum
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 other interested
party concerning this finding.
Solanum conocarpum 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).

Authors

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: February 10, 2011.
Rowan W. Gould,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2011-3730 Filed 2-18-11; 8:45 am]
BILLING CODE 4310-55-P