Federal Register, Volume 78 Issue 204 (Tuesday, October 22, 2013) 2013 Federal Register, 78 FR 62529-62560; Centralized Library: U.S. Fish and Wildlife Service -

[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Proposed Rules]
[Pages 62529-62560]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24169]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2013-0040; 4500030114]
RIN 1018-AZ79

Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for Agave eggersiana, Gonocalyx concolor, and Varronia
rupicola

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
designate critical habitat for three Caribbean plants, Agave
eggersiana, Gonocalyx concolor, and Varronia rupicola, under the
Endangered Species Act of 1973, as amended (Act). The effect of this
rule, if it is made final, would be to conserve habitat for these three
Caribbean plants under the Act.

DATES: We will accept comments received or postmarked on or before
December 23, 2013. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES section, below) must be received by
11:59 p.m. Eastern Time on the closing date. We must receive requests
for public hearings, in writing, at the address shown in FOR FURTHER
INFORMATION CONTACT by December 6, 2013.

ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal Rulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R4-ES-2013-0040,
which is the docket number for this rulemaking. Then, in the Search
panel on the left side of the screen, under the Document Type heading,
click on the Proposed Rules link to locate this document. You may
submit a comment by clicking on ``Comment Now!''
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R4-ES-2013-0040; Division of Policy and
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, MS 2042-PDM; Arlington, VA 22203.
We request that you send comments only by the methods described
above. We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the

[[Page 62530]]

Information Requested section below for more information).
The coordinates or plot points or both from which the critical
habitat maps are generated are included in the administrative record
for this rulemaking and are available at http://www.fws.gov/caribbean/es, at http://www.regulations.gov at Docket No. FWS-R4-ES-2013-0040,
and at the Caribbean Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT). Any additional tools or supporting information
that we may develop for this rulemaking will also be available at the
Fish and Wildlife Service Web site and Field Office set out above, and
may also be included at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Marelisa Rivera, Deputy Field
Supervisor, U.S. Fish and Wildlife Service, Caribbean Ecological
Services Field Office, P.O. Box 491, Road 301 Km. 5.1, Boquer[oacute]n,
PR 00622; by telephone (787) 851-7297; or by facsimile (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:

Executive Summary

Why we need to publish a rule. Under the Act, the Service shall
designate critical habitat for any species or subspecies that is
determined to be an endangered or threatened species, to the maximum
extent prudent and determinable. Designations of critical habitat can
only be completed by issuing a rule. Elsewhere in today's Federal
Register, we propose to list Agave eggersiana and Gonocalyx concolor as
endangered species, and Varronia rupicola as a threatened species,
under the Act.
This rule consists of a proposed rule to designate critical habitat
for Agave eggersiana, Gonocalyx concolor, and Varronia rupicola under
the Act. Specifically, we propose to:
Designate approximately 50.6 acres (ac) (20.5 hectares
(ha)) of critical habitat for A. eggersiana in St. Croix, United States
Virgin Islands (USVI).
Designate approximately 198 ac (80.1 ha) for G. concolor
in Puerto Rico.
Designate approximately 6,547 ac (2,648 ha) for V.
rupicola in southern Puerto Rico and Vieques Island.
The basis for our action. Under section 4(b)(2) of the Act, that
the Secretary shall designate critical habitat on the basis of the best
available scientific data after taking into consideration the economic
impact, national security impact, and any other relevant impact of
specifying any particular area as critical habitat. The Secretary may
exclude an area from critical habitat if he determines that the
benefits of such exclusion outweigh the benefits of specifying such
area as part of the critical habitat, unless she determines, based on
the best scientific data available, that the failure to designate such
area as critical habitat will result in the extinction of the species.
We will seek peer review. We are seeking comments from
knowledgeable individuals with scientific expertise to review our
analysis of the best available science and application of that science
and to provide any additional scientific information to improve this
proposed rule. Because we will consider all comments and information we
receive during the comment period, our final designations may differ
from this proposal.

Information Requested

We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from the public, other concerned governmental
agencies, Native American tribes, the scientific community, industry,
or any other interested parties concerning this proposed rule. We
particularly seek comments concerning:
(1) The reasons why we should or should not designate habitat as
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et
seq.), including whether there are threats to the species from human
activity, the degree of which can be expected to increase due to the
designation, and whether that increase in threats outweighs the benefit
of designation such that the designation of critical habitat is not
prudent.
(2) Specific information on:
(a) The amount and distribution of Agave eggersiana, Gonocalyx
concolor, and Varronia rupicola (which we refer to collectively as the
three Caribbean plants) and their habitat;
(b) What areas, that were occupied at the time of listing (or are
currently occupied) and that contain features essential to the
conservation of the species, should be included in the designation and
why;
(c) Special management considerations or protection that may be
needed in critical habitat areas we are proposing, including managing
for the potential effects of climate change; and
(d) What areas not occupied at the time of listing are essential
for the conservation of the species and why.
(3) Land use designations and current or planned activities in the
areas occupied by the species or proposed to be designated as critical
habitat, and possible impacts of these activities on this species and
proposed critical habitat.
(4) Information on the projected and reasonably likely impacts of
climate change on the three Caribbean plants and proposed critical
habitat.
(5) Any foreseeable economic, national security, or other relevant
impacts that may result from designating any area that may be included
in the final designation. We are particularly interested in any impacts
on small entities, and the benefits of including or excluding areas
from the proposed designation that are subject to these impacts.
(6) Whether any specific areas we are proposing for critical
habitat designation should be considered for exclusion under section
4(b)(2) of the Act, and whether the benefits of potentially excluding
any specific area outweigh the benefits of including that area under
section 4(b)(2) of the Act.
(7) Whether we could improve or modify our approach to designating
critical habitat in any way to provide for greater public participation
and understanding, or to better accommodate public concerns and
comments.
Include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include.
Note that submissions merely stating support for or opposition to
the action under consideration without providing supporting
information, although noted, will not be considered in making a
determination, as section 4(b)(2) of the Act directs that
determinations as to whether to designated critical habitat for any
listed species must be made ``on the basis of the best scientific and
commercial data available.''
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in the ADDRESSES section. We request
that you send comments only by the methods described in the ADDRESSES
section. We will post your entire comment--including your personal
identifying information--on http://www.regulations.gov. You may request
at the top of your document that we withhold personal information such
as your street address, phone number, or email address from public
review;

[[Page 62531]]

however, we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Caribbean Ecological Services Field Office (see FOR
FURTHER INFORMATION CONTACT).

Previous Federal Actions

All previous Federal actions are described in the proposal to list
the Agave eggersiana and Gonocalyx concolor as endangered species, and
Varronia rupicola as a threatened species, which is published elsewhere
in today's Federal Register.

Background

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

[[Page 62532]]

We recognize that critical habitat designated at a particular point
in time may not include all of the habitat areas that we may later
determine are necessary for the recovery of the species. For these
reasons, a critical habitat designation does not signal that habitat
outside the designated area is unimportant or may not be needed for
recovery of the species. Areas that are important to the conservation
of a listed species, both inside and outside the critical habitat
designation, will continue to be subject to: (1) Conservation actions
implemented under section 7(a)(1) of the Act, (2) regulatory
protections afforded by the requirement in section 7(a)(2) of the Act
for Federal agencies to ensure their actions are not likely to
jeopardize the continued existence of any endangered or threatened
species, and (3) section 9 of the Act's prohibitions on taking any
individual of the species, including taking caused by actions that
affect habitat. Federally funded or permitted projects affecting listed
species outside their designated critical habitat areas may still
result in jeopardy findings in some cases. Similarly, critical habitat
designations made on the basis of the best available information at the
time of designation will not control the direction and substance of
future recovery plans, habitat conservation plans (HCPs), or other
species conservation planning efforts if new information available at
the time of these planning efforts calls for a different outcome.

Prudency Determination

Section 4(a)(3) of the Act, as amended, and its implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, the Secretary designate critical habitat at the time
the species is determined to be an endangered or threatened species.
Our regulations (50 CFR 424.12(a)(1)) state that the designation of
critical habitat is not prudent when one or both of the following
situations exist:
(1) The species is threatened by taking or other human activity,
and identification of critical habitat can be expected to increase the
degree of threat to the species, or
(2) Such designation of critical habitat would not be beneficial to
the species.
There is currently no imminent threat of take attributed to
collection or vandalism (see the discussion under Factor B in the
proposed listing rule, which is published elsewhere in today's Federal
Register) for Gonocalyx concolor and Varronia rupicola. Although there
may be a possible immediate threat of take attributed to collection or
vandalism for Agave eggersiana, the identification and mapping of
critical habitat is not expected to intensify the threat to A.
eggersiana. We have no evidence that collection or vandalism is a
current threat to A. eggersiana. Even if we did, general agave
locations are already published on the web, so publication of location
information in connection with this proposed designation should not
intensify such a threat.
In the absence of a finding that the designation of critical
habitat would increase threats to a species, if there are any benefits
to a critical habitat designation, then we may find that such
designation is prudent. Here, the potential benefits of designation
include: (1)Triggering consultation under section 7 of the Act, in new
areas for actions in which there may be a Federal nexus where it would
not otherwise occur because, for example, it is or has become
unoccupied or the occupancy is in question; (2) focusing conservation
activities on the most essential features and areas; (3) providing
educational benefits to State or county governments or private
entities; and (4) preventing people from causing inadvertent harm to
the species.
Therefore, because we have determined that the designation of
critical habitat would not likely increase the degree of threat to the
species and may provide some measure of benefit, we find that
designation of critical habitat is prudent for Agave eggersiana,
Gonocalyx concolor, and Varronia rupicola.

Critical Habitat Determinability

Having determined that designation is prudent, under section
4(a)(3) of the Act, we must find whether critical habitat for the three
Caribbean plants is determinable. Our regulations at 50 CFR
424.12(a)(2) state that critical habitat is not determinable if
information sufficient to perform required analyses of the impacts of
the designation is lacking, or the biological needs of the species are
not sufficiently well known to permit identification of an area as
critical habitat.
We reviewed the available information pertaining to the biological
needs of the species and habitat characteristics where the species are
located. This and other information represent the best scientific data
available and have led us to conclude that the designation of critical
habitat is determinable for Agave eggersiana, Gonocalyx concolor, and
Varronia rupicola.

Physical or Biological Features

In accordance with section 3(5)(A)(i) and 4(b)(1)(A) of the Act and
regulations at 50 CFR 424.12, in determining which areas within the
geographic area occupied by the species at the time of listing to
designate as critical habitat, we consider the physical or biological
features (PBFs) that are essential to the conservation of the species
and which may require special management considerations or protection.
These include, but are not limited to:
(1) Space for individual and population growth and for normal
behavior;
(2) Food, water, air, light, minerals, or other nutritional or
physiological requirements;
(3) Cover or shelter;
(4) Sites for breeding, reproduction, or rearing (or development)
of offspring; and
(5) Habitats that are protected from disturbance or are
representative of the historical, geographic, and ecological
distributions of a species.
We derive the specific physical or biological features required for
the three Caribbean plants from studies and observations of the three
species' habitat, ecology, and life history as described below.
Unfortunately, little is known of the specific habitat requirements for
the three Caribbean plants. To identify the physical and biological
needs of the species, we have relied on current conditions at locations
where the three species exist and the limited information available for
these species.

Space for Individual and Population Growth and for Normal Behavior

Agave eggersiana

Agave eggersiana is endemic to the island of St. Croix, USVI. The
species is found growing in the subtropical dry forest zone, which
covers about 72 percent of the surface of St. Croix. The variables used
to delineate any given life zone are defined by mean annual
precipitation and mean annual bio-temperature (Ewel and Whitmore 1973,
p. 2), and are characterized by an association of animals and plants
(Mac et al. 1998, p. 317). Subtropical dry forests are lowland semi-
deciduous and lowland drought deciduous forest. The vegetation in this
life zone usually consists of a nearly continuous, single-layered
canopy, with little ground cover. Tree heights usually do not exceed 49
feet (ft) (15 meters (m)) and crowns are typically broad, spreading,
and flattened (Ewel and Whitmore 1973, p. 10).

[[Page 62533]]

Dry forest structure is greatly influenced by wind, salt spray and
the presence of fresh water. Some of the native tree species that are
common in subtropical dry forest in the USVI are Bursera simaruba (L.)
Sarg. (gumbo limbo), Amyris elemifera L. (torch wood), Capparis
cynophallophora L. (Jamaican caper), Cordia rickseckeri Millsp. (black
manjack), Pisonia subcordata Sw. (water mampoo), Plumeria alba L.
(white frangipani), and Pictetia aculeata (Vahl) Urban (fustic)
(Brandeis and Oswalt, 2007, p. 13; Ewel and Whitmore 1973, p. 16;
Chakroff 2010, p. 8).
Plant communities where Agave eggersiana occurs are coastal cliffs
with sparse or no vegetation and coastal shrubland areas. The plant
community in these areas is predominately native vegetation and either
no competitive, nonnative, invasive plant species or such species in
quantities low enough to have minimal effects on the survival of A.
eggersiana. These communities and their associated native plant species
are provided in the Status Assessment for A. eggersiana (see Habitat
section of our proposed listing rule, which is published elsewhere in
today's Federal Register).
Therefore, based on the above information, we identify the
vegetation composition areas (e.g., dry coastal cliffs and dry
shrubland) as an essential physical or biological feature for this
species.

Gonocalyx concolor

Gonocalyx concolor is a Puerto Rican endemic plant species that has
been found growing only in the elfin and ausubo (Manilkara bidentata)
forests within the Carite Commonwealth Forest, which lies within the
municipalities of Cayey, Patillas, and San Lorenzo in east-central
Puerto Rico. Zonation of forests within montane habitats on tropical
islands is condensed into a narrow altitudinal range (Weaver et al.
1986, p. 79). Both the elfin and ausubo forests are within the
subtropical lower montane very wet forest life zone and have similar
climate conditions (Ewel and Whitmore 1973, p. 32).
The elfin forest is found on exposed peaks and ridges of Cerro La
Santa, above 2,900 ft (880 m) in elevation from sea level, occupying
approximately 24.9 acres (ac) (10.1 hectares (ha)) in the Carite
Commonwealth Forest (Silander et al. 1986, p. 178). The elfin forest
vegetation is characterized by gnarled trees less than 7 meters tall,
high basal area, small diameters, a large number of stems per unit
area, and extremely slow growth rates (Ewel and Whitmore 1973, p. 45).
The vegetation is commonly saturated with moisture, frequently
enveloped in clouds, and both aerial and superficial roots are common
(Weaver et al. 1986, p. 79). The plant association in this area is
generally comprised by few species of native trees and native ferns,
and is dense with epiphytes, including bromeliads and mosses (Weaver et
al. 1986, p. 79). The native tree composition includes: Tabebuia
schumanniana (roble colorado), Tabebuia rigida (roble de sierra),
Ocotea spathulata (nemoca cimarrona), Eugenia borinquensis (guayabota),
Clusia minor (cupey de monte), and Prestoea acuminata var. montana
(sierra palm) (Weaver et al. 1986, p. 80; Silander et al. 1986, p.
191). Additionally, some areas were planted with Eucalyptus robusta (O.
Monsegur, UPRM, unpublished data, 2006).
The ausubo forest is only found along the Rio Grande de Patillas
River basin and intermittent streams between 2,000 ft (620 m) and 2,300
ft (720 m) of elevation (DNR 1976, p. 169); occupying approximately
179.2 ac (72.5 ha) in the Charco Azul area within the Carite
Commonwealth Forest (Silander et al. 1986, p.190). The ausubo forest is
characterized by evergreen vegetation, high species richness, rapid
growth rate of successional trees, epiphytic ferns, bromeliads, and
orchids (Ewel and Whitmore 1973, p. 32). The vegetation in this area is
generally comprised of native trees (i.e., Manilkara bidentata
(ausubo), Dacryodes excelsa (tabonuco), Guarea guidonia (guaraguao),
and Cyrilla racemiflora (swamp titi)) (Francis and Lowe 2000, p. 345;
DNER 2008, p. 2).
Gonocalyx concolor has been found growing on the canopy of the
tallest tree areas, growing on tree trunks (epiphytic), clambering
(using other vegetation as support), and laying on the litter in the
forest floor (C. Pacheco and O. Monsegur, Service, unpublished report,
2013, p. 3). The life history of this species has not been studied;
however, it seems that the elfin and the ausubo forests provide space
for individuals and population growth of G. concolor. Furthermore, the
climate in these forests appears to support the normal behavior,
growth, and viability of G. concolor during most of its life stages;
suggesting the species may be a dwell obligate of these types of
habitat, as it has not been found elsewhere. Changes in temperature,
humidity, and solar insolation result in changes in habitat condition
and vegetation composition, with serious effects on G. concolor. (See
the Summary of Factors Affecting the Species section of our proposed
listing rule, which is published elsewhere in today's Federal
Register).
Therefore, based on the above information, we identify the
vegetation composition found in the elfin and the ausubo forests as an
essential physical or biological feature for this species.

Varronia rupicola

Varronia rupicola is a Puerto Rican bank (biogeographical area)
endemic that grows within the subtropical dry forest life zone
overlying a limestone substrate (Ewel and Whitmore 1973, p. 72). The
Puerto Rican bank is a geographical unit that includes the main island
of Puerto Rico, Vieques, Culebra, the USVI (excluding St. Croix), and
the Island of Anegada. In Puerto Rico, this life zone is mainly located
on the south coast extending 74 miles (mi) (120 kilometers (km)) from
the Municipality of Cabo Rojo to the Municipality of Guayama, and to
the eastern of Puerto Rico, including the Island of Vieques (Ewel and
Whitmore 1973, p. 72; Murphy and Lugo 1986, p. 89).
The species has been recorded in forested hills with open to
relatively dense scrub and shrub lands 6.5 to 9.8 ft (2 to 3 m) in
height; in low forest with canopy from 8 to 15 ft (3 to 5 m) high; and
at the edge of a dense, low, coastal shrubland and forest. Varronia
rupicola is associated with dry forest native vegetation dominated by
Gymnanthes lucida (shiny oysterwood, or yait[iacute]), Exostema
caribaeum (princewood, or albarillo), Pisonia albida (corcho), Pictetia
aculeata (fustic, or tachuelo), Thouinia portoricensis (ceboruquillo,
or serrazuela), Coccoloba krugii (whitewood), Pilosocereus royenii
(Royen's tree cactus, or sebuc[aacute]n), Bursera simaruba (gumbo
limbo, or almacigo), Erithalis fruticosa (black torch), Guettarda
krugii (frogwood, or cucubano), Tabebuia heterophylla (pink trumpet
tree, or roble), Hypelate trifoliata (inkwood), Coccoloba diversifolia
(pigeonplum, or uvilla), Cassine xylocarpa (marbletree, or
coscorr[oacute]n), Krugiodendron ferreum (black ironwood, or palo de
hierro), Jacquinia berterii (barkwood), Bourreria succulenta
(strongbark, or palo de vaca), Crossopetalum rhacoma (maidenberry, or
pico de paloma), Antirhea acutata (placa chiquitu, or quina), and
Amyris elemifera (torchwood).
In the island of Anegada (British Virgin Islands), Varronia
rupicola was found in open limestone pavement and sand dunes. During a
recent study in this Island, the species was found in higher abundance
(based on percentage occurrence across plots) on limestone, but also
widespread within the sand dunes (Clubbe et al. 2004, p. 344).

[[Page 62534]]

Therefore, based on the above information, we identify remnants of
scrubland and shrubland forest that occurs within the subtropical dry
forest life zone overlying limestone substrate as an essential physical
or biological feature for this species.

Food, Water, Air, Light, Minerals, or Other Nutritional or
Physiological Requirements

Agave eggersiana

The island of St. Croix, USVI, is located in the Caribbean, where
the warm sea stabilizes air temperatures and diurnal temperature
changes approximate annual fluctuations. The mean annual temperature of
the region at sea level is lower than 75 degrees Fahrenheit ([deg]F)
(24 degrees Celsius ([deg]C)). This subtropical climate results from
the location of St. Croix at the lower limit of the tropical region
(Ewel and Whitmore 1973 p. 8; Mac et al. 1998, p. 315).
The island of St. Croix has easterly trade winds of 15 miles per
hour (24 kilometers per hour) or more, which keep the humidity
relatively low (Chakroff 2010, p. 7). This island is much drier than
most of the Greater Antilles, averaging 40 inches (in) (102 centimeters
(cm)) of rain in the west, and about 30 in (76 cm) in the east. Rain
usually comes in the form of brief tropical showers. The wettest and
hottest months are July to October. Hurricane season falls within these
same months, with September being the most active for tropical storms.
The USVI have been hit by four major hurricanes in recent years: Hugo
(1989), Luis and Marilyn (1995), Lenny (1999), and Omar (2008) (Mac et
al. 1998, p. 316; Chakroff 2010, p. 7; http://www.srh.noaa.gov/sju/?n=mean_annual_precipitation2). The average mid-island temperature is
78.8 [deg]F (26 [deg]C), with a variation of only 5 to 9 [deg]F (3 to 5
[deg]C) between the warmest and coolest months (Mac et al. 1998, p.
316). This type of climate regime regulates the dry forest structure
conditions necessary for the establishment of the species.
Soils substrates supporting Agave eggersiana for anchoring or
nutrient absorption vary depending on the habitat and location. The
natural populations of A. eggersiana grow on top of various soil
classifications. Cramer, Glynn, Hasselberg, Southgate, and Victory
series are among the ones where the species can be found. The general
description of the soils mentioned above are provided in the Status
Assessment for A. eggersiana (see Habitat section of our proposed
listing rule, which is published elsewhere in today's Federal
Register). The soils are all well-drained, and although there are rainy
months, the ground does not retain excess water and change the
vegetation of the dry forest structure.
Therefore, based on the information above, we identify the dry
climate regime that regulates the dry forest structure and the well-
drained soils of Cramer, Glynn, Hasselberg, Southgate, and Victory
series to be physical or biological features for this species.

Gonocalyx concolor

The variables used to delineate any given life zone are mean annual
precipitation and mean annual temperature. The life zones and
associations of which they are comprised only define the potential
vegetation or range of vegetation types that might be found in an area
(Ewel and Whitmore 1973, p. 5). The mean annual precipitation at the
Carite Commonwealth Forest is 88.7 in (225.3 cm), with February to
April the drier months (NOAA 2013, http://www.srh.noaa.gov/sju/?n=climo_cayey). The mean temperature is 72.3 [deg]F (22.7 [deg]C),
varying from 68 [deg]F (20 [deg]C) in January to 73 [deg]F (24 [deg]C)
in July (Silander et al. 1986, p.183).
The Carite Commonwealth Forest is underlain by volcanic-sedimentary
rock (DNR 1976, p. 168). The forest topography is rough and highly
dissected by intermittent streams, with steep slopes ranging from 20 to
60 percent. The forest's soil is primarily comprised by Los Guineos
complex (Silander et al. 1986, p. 179). Los Guineos soils were formed
from residuum gathering from sandstone parental material and consist of
very deep, acidic, clayey, well-drained soils on side slopes of
mountains (NRCS 2013, p. 11). This type of soil occupies more than 80
percent (5,860.1 ac (2,371.5 ha)) of the Carite Commonwealth Forest, at
elevations from 1,900 ft (580 m) to 3,000 ft (900 m) from sea level
(Silander et al. 1986, p. 179).
Therefore, based on the information above, we identify mean annual
precipitation of 88.7 in (225.3 cm), mean annual temperature of 72.3
[deg]F (22.7 [deg]C), and Los Guineos type of soil (i.e., very deep,
acidic, clayey, well-drained soils on side slopes of mountains) to be
physical or biological features for this species.

Varronia rupicola

Like Agave eggersiana, Varronia rupicola occurs within the
subtropical dry forest life zone (sensu Holdridge 1967). Moisture
availability as a function of shallow soils plus low rainfall and its
seasonality determines the forest productivity, growth characteristics,
water loss, and physiognomy in subtropical dry forest life zones where
temperature tends to be constant throughout the year (Lugo et al. 1978,
p. 278). Average rainfall for the Gu[aacute]nica Forest (important area
for the species in Puerto Rico) is 860 mm (Lugo et al. 1996, p. 2).
The majority of the suitable habitat and known populations of
Varronia rupicola in Puerto Rico lie within the Ponce limestone
formation, a Mid-Tertiary pink to white, fine-grain limestone (Lugo et
al. 1996, p. 2). In Puerto Rico, this formation extends from the
western end of the Gu[aacute]nica Commonwealth Forest, east toward the
Municipality of Ponce (El Tuque). The soils at the Gu[aacute]nica
Forest are described as shallow, alkaline, and derived from limestone
rock (Molina and Lugo 2006, p. 355). According to Murphy and Lugo
(1986, p. 56), these soils are nutrient-rich, but only a small fraction
of the total phosphate and potassium is readily available. These soil
factors increase the effects of low rainfall and its seasonality on the
vegetation.
Therefore, based on the information above, we identify shallow and
alkaline soils derived from limestone rock and an average rainfall of
34 in (86 cm) to be physical or biological features for this species.

Cover or Shelter

Agave eggersiana

Agave eggersiana occurs in open canopy and open understory habitats
and thrives in areas of full sun exposure (O. Monsegur and M. Vargas,
Service, pers. obs. 2010 and 2013). The coastal shrublands typically
show a low canopy, ranging from 3.2 to 16.4 ft (1 to 5 m) (Moser et al.
2010, Appendix A, p. 8-11; O. Monsegur and M. Vargas, Service, pers.
obs. 2013). In areas where native species remains dominant and
nonnatives have not occupied the understory, these coastal shrublands
provide suitable habitat for the natural recruitment of A. eggersiana.
In addition, the bare rock of coastal cliffs seems to provide an
ecological niche for A. eggersiana. Once the species gets established
on cliff areas, it may become dominant as observed on the South Shore
(Cane Garden) population. Therefore, based on the information above, we
identify open cover habitats (e.g., open canopy or open understory) to
be physical or biological features for this species.

[[Page 62535]]

Gonocalyx concolor

Very little is known about habitat parameters specifically relating
to cover or shelter for Gonocalyx concolor. In remnants and late
successional vegetation of elfin forest, the species is normally found
growing as epiphytic and clambering on dead and live stand trees, and
crawling over the forest floor (C. Pacheco and O. Monsegur, Service,
unpublished data, 2013). In the ausubo forest, this species has been
described growing only as epiphytic and clambering on dead and live
stand trees (O. Monsegur, unpublished data, 2006). Both types of forest
show a single canopy layer that seldom exceeds 22 ft (7 m) in height.
Therefore, based on the information above, we identify the remnants and
late successional vegetation of elfin and ausubo forests with a single
canopy layer of about 22 ft (7 m) in height to be physical or
biological features for this species.

Varronia rupicola

This species has been recorded in forested hills with open to
relatively dense shrublands ranging between 6.5 to 9.8 ft (2 to 3 m) in
height; in low forest with canopy from 8 to 15 ft (3 to 5 m) high; and
at the edge of a dense, low, coastal shrubland and forest. On the
island of Anegada, the species is located on open limestone pavement
and sand dunes. Despite the species' preference for gaps, it remains
associated to remnants of native forest.
In a recent study at Anegada, Varronia rupicola was found in higher
abundance (based on percentage occurrence across plots) on limestone,
but also widespread within the sand dunes (Clubbe et al. 2004, p. 344).
This kind of forest structure provides protection against environmental
variation and stochastic events, allowing the species to recover
without compromising population numbers. The species is associated to
remnants of native dry forest vegetation. At the Gu[aacute]nica
Commonwealth Forest, the most abundant species are Gymnanthes lucida,
Exostema caribaeum, Pisonia albida, Pictetia aculeata, Thouinia
portoricensis, Coccoloba krugii, and Pilosocereus royenii (Murphy and
Lugo 1986, p. 91). These species account for 50 percent of the
importance value (abundance) within the forest and characterize the
Deciduous Forest and Scrub Forest vegetation described by Murphy et al.
(1995, p. 187). Other dominant species within the V. rupicola habitat
include Bursera simaruba, Erithalis fruticosa, Guettarda krugii,
Tabebuia heterophylla, Hypelate trifoliata, Coccoloba diversifolia,
Cassine xylocarpa, Krugiodendron ferreum, Jacquinia berterii, Bourreria
succulenta, Crossopetalum rhacoma, Antirhea acutata, and Amyris
elemifera (Murphy and Lugo 1986, p. 91). The specie is also associated
to a shrub layer dominated by Croton humilis, Eupatorium sinuatum,
Lantana reticulata, and Turnera diffusa.
Therefore, based on the information above, we identify forested
hills with open to relatively dense shrubland forest dominated by
native species to be physical or biological features for this species.

Sites for Breeding, Reproduction, or Rearing (or Development) of
Offspring

Agave eggersiana

Agave eggersiana dies after producing flowers (monocarpic life
cycle) and produces a large flowering scape (massive inflorescence; a
group or cluster of flowers arranged on a stem that is composed of a
main branch or a complicated arrangement of branches) (Rogers 2000, p.
218). After flowering, the panicles (inflorescence) produce numerous
small vegetative bulbs (bulbils) (Proctor and Acevedo-Rodr[iacute]guez
2005, p. 118). The small vegetative bulbils will fall near the parental
agave and attach to the ground on the coastal cliffs and dry coastal
shrubland. Coastal cliffs, which include bare rock or sparse native
vegetation, create an environment where the canopy is less than 1 meter
in height, and allow the bulbils to compete for ground area. The dry
coastal shrubland includes dry forest structures where the open canopy
and open understory habitat also allows the bulbils to compete for
ground area. These open canopy or open understory structures allow A.
eggersiana good sun exposure where the species seems to thrive (for
further discussion of these communities and their associated native
plant species, seethe Status Assessment for A. eggersiana in the
Habitat section of our proposed listing rule, published elsewhere in
today's Federal Register). Therefore, based on the information above,
we identify the vegetation communities in the coastal cliffs and dry
coastal shrublands where A. eggersiana occurs to be physical or
biological features for this species.

Gonocalyx concolor

The reproductive biology and ecology of Gonocalyx concolor have not
been studied. We have no information available beyond the habitat where
the species is found and its behavior in that habitat. However, as
indicated above, it seems that the conditions of the elfin and ausubo
forests support the normal behavior, growth, and viability of G.
concolor during most of its life stages. Therefore, based on the
information above, we identify the elfin and ausubo forests to be
physical or biological features for this species.

Varronia rupicola

Varronia rupicola has been reported flowering and fruiting in
December to January (Breckon and Kolterman 1996, p. 4), and in June-
July (Monsegur and Breckon 2007, p. 1). Fruit production in the wild at
the Gu[aacute]nica Commonwealth Forest and in the Municipality of Ponce
seem to be high, and there is evidence of recruitment associated to the
majority of the clusters of individuals (Monsegur, USFWS, pers. obs.
2013). Under greenhouse conditions, seed germination has been reported
at no less than 67 percent (Wenger et al. 2010, p. 23). Germination in
the wild has also been observed to be high, particularly on shrubs
growing exposed to sunlight. However, there seems to be a high
mortality (natural thinning) of seedlings, and only a few individuals
make the transition to sapling stages (O. Monsegur, Service, pers. obs.
2013). Furthermore, despite the showy red fruits of V. rupicola, its
dispersion seems to be limited by gravity, as the majority of the
seedlings lie under the parent tree or downslope. The wide range of the
species suggests a former animal disperser, probably a bird.
Material germinated in the Service greenhouse at Cabo Rojo National
Wildlife Refuge flowered and produced fruits about 1 year after planted
(O. Monsegur, Service, pers. obs. 2013). The rapid development of the
species as reproductive individuals, and the finding of individuals
along recently disturbed sites (i.e., new dirt roads) and natural
forest gaps, may indicate that Varronia rupicola is an early colonizer
(pioneer) species of dry coastal forest. The above information
highlights the importance of open to relatively low dense shrubland
forest (scrub forest and deciduous forest or shrubland) dominated by
native species for the self-recruitment of the species and
sustainability of the natural populations. As previously mentioned,
moisture availability as a function of shallow soils, plus low rainfall
and its seasonality, are the factors suggested as determining forest
productivity, growth characteristics, water loss, and physiognomy. The
diversity within the dry coastal native forest of Puerto Rico is
explained by the wide diversity of habitats produced by the proximity
of the limestone basement to the surface and the subsequent variation
in soil

[[Page 62536]]

depth. These unique native forests provide the adequate and stable
environmental conditions for the reproduction and natural recruitment
of the species.
Therefore, based on the information above, we identify open to
relatively dense shrubland forest (scrub forest and deciduous forest or
shrubland) dominated by native species to be a physical or biological
feature for this species.

Habitats Protected From Disturbance or Representative of the
Historical, Geographic, and Ecological Distributions of the Species

Agave eggersiana

There are reports from Britton and Wilson (1923, p. 156) that Agave
eggersiana occurred in the eastern dry areas in St. Croix. This area
harbors dry forest conditions and native vegetation that provide
suitable habitat for A. eggersiana. Most of that eastern end is
currently owned and managed for conservation by the USVI Government and
The Nature Conservancy. The upper slopes and steep areas of eastern St.
Croix provide essential dry forest habitat conditions for the
reintroduction and the recovery of the species. These forest harbors
xeric native vegetation and forest structure that provides shelter,
space for growing and breeding, and food and water resources necessary
for the species. However, we do not have current evidence that A.
eggersiana occurs in this area.
Since 2007, Agave eggersiana has been introduced within U.S.
National Park Service (NPS) properties (i.e., Salt River National Park
and Ecological Preserve, and Buck Island Reef Monument) that are
outside the known historical range of the species. In addition, there
is an intra-agency agreement under the Service's Coastal Program to
restore habitat in the area and plant native flora in Salt River
National Park and Ecological Preserve. A. eggerisana is one of the
plants used as part of the native plant restoration agreement.
Therefore, based on the information above, we identify the dry
forest conditions in the eastern side of St. Croix to be part of the
physical or biological features for this species.

Gonocalyx concolor

The elfin and the ausubo forest where Gonocalyx concolor currently
exists are owned by the Commonwealth of Puerto Rico. This land has been
managed for conservation by the Puerto Rico Department of Natural and
Environmental Resources (DNER) since 1975 (back then, Department of
Natural Resources; DNR 1976, p. 169). Before 1975, the elfin forest
area in Cerro La Santa (Carite Commonwealth Forest) was managed by the
Commonwealth of Puerto Rico as a preferred site for the installation of
telecommunication tower facilities for television and radio, and for
military and governmental purposes. These types of activities may have
caused disturbance to the habitat of G. concolor, because Cerro La
Santa is one of the two known locations of the species. Although the
Carite Commonwealth Forest is under local government protection, the
area of Cerro La Santa is still vulnerable to habitat modification
resulting from maintenance and potential expansion of existing
telecommunication facilities. Therefore, based on the information
above, we identify the elfin and ausubo forests found within the Carite
Commonwealth Forest to be physical or biological features for this
species.

Varronia rupicola

The species has been historically recorded from the geographical
area comprising the Gu[aacute]nica Commonwealth Forest in southwestern
Puerto Rico, and the area of the Vieques National Wildlife Refuge (NWR)
in the island of Vieques, eastern Puerto Rico. The Gu[aacute]nica
Forest was designated as a Commonwealth forest in 1917, by Governor
Arthur Yager, and has been protected and managed since 1930 (Lugo et
al. 1996, p. 2; Murphy and Lugo 1990, p. 15). It is now the largest
Commonwealth-protected area over limestone substrate in Puerto Rico,
with an estimated area of about 10,872 ac (4,400 ha) (Miguel Canals,
DNER, pers. comm. 2009). The Gu[aacute]nica Commonwealth Forest is
divided in two main contiguous areas: The east section, which includes
the original forest area, and the west section, added after 1950 (Lugo
et al. 1996, p. 2). This forest is considered one of the best examples
of a subtropical dry forest in the world (Murphy and Lugo 1990, p. 15;
Ewel and Whitmore 1973, p. 72). The Gu[aacute]nica Commonwealth Forest
harbors remnants of native dry forest vegetation over limestone
pavement, some of these considered as pristine forest. Since the forest
have been protected and managed for over 90 years, native vegetation
has recovered from previous deforestation for charcoal production. As a
result of this, the forest harbors populations of several of the rarest
plants endemic to the dry forest of Puerto Rico, and the presence of
stands of invasive nonnatives remains associated to areas previously
inhabited and along roads within the forest. However, it is important
to notice that Varronia rupicola also occurs within privately owned
lands outside the Gu[aacute]nica Commonwealth Forest, which makes it
vulnerable to habitat destruction.
On Vieques Island, about 54 percent of the land is a National
Wildlife Refuge managed by the Service (Vieques NWR CCP & EIS 2007, p.
2). Some areas within the refuge harbor suitable habitat for Varronia
rupicola, providing protection to the species' habitat and probably to
undetected populations (Vieques NWR CCP & EIS 2007, p. 2). However,
only three patches of dry forest vegetation over limestone substrate
that harbor V. rupicola populations have been currently identified in
the island of Vieques and only two are located within the Vieques NWR.
The remaining third patch belongs to the Commonwealth of Puerto Rico.
These three natural areas are adjacent and represent the remnant of the
prime habitat for the species in Vieques.
Therefore, based on the information above, we identify remnants of
scrubland and shrubland forest that occurs within the subtropical dry
forest life zone overlying limestone substrate to be physical or
biological features for this species.

Primary Constituent Elements

Under the Act and its implementing regulations, we are required to
identify the physical or biological features essential to the
conservation of the three Caribbean plants in areas occupied at the
time of listing, focusing on the features' primary constituent
elements. We consider primary constituent elements (PCEs) to be the
elements of physical or biological features that provide for a species'
life-history processes and are essential to the conservation of the
species.
Based on our current knowledge of the physical or biological
features and habitat characteristics required to sustain the species'
life-history processes, we determine the primary constituent elements
specific for each of the three plants below:

Agave eggersiana

(1) Areas consisting of coastal cliffs and dry coastal shrublands.
(a) Coastal cliff habitat includes:
(i) Bare rock; and
(ii) Sparse vegetation.
(b) Dry coastal shrubland habitat includes:
(i) Dry forest structure; and
(ii) A plant community of predominately native vegetation.

[[Page 62537]]

(2) Well-drained soils from the series Cramer, Glynn, Hasselberg,
Southgate, and Victory.
(3) Habitat of sufficient area to sustain viable populations in the
coastal cliffs and dry coastal shrublands listed in PCEs (1) and (2),
above.

Gonocalyx concolor

(1) Elfin forest at elevations over 2,900 ft (880 m) in Cerro La
Santa, Puerto Rico, which includes:
(a) Forest with single canopy layer with trees seldom exceeding 22
ft (7 m) in height.
(b) Associated native vegetation dominated by species such as
Tabebuia schumanniana, Tabebuia rigida, Ocotea spathulata, Eugenia
borinquensis, Clusia minor, and Prestoea acuminata var. montana, native
ferns, and dense cover with epiphytes, including bromeliads and mosses.
(2) Ausubo forest at elevations between 2,000 to 2,300 ft (620 to
720 m) in the Charco Azul, which includes:
(a) Forest with single canopy layer with trees exceeding 22 ft (7
m) in height.
(b) Plant association comprised by few species of native trees and
associated native vegetation (e.g., Manilkara bidentata, Dacryodes
excelsa, Guarea guidonia, and Cyrilla racemiflora), native ferns, and
dense cover with epiphytes, including bromeliads and mosses.
(3) The type locations described in PCEs (1) and (2), above, for
this species should have mean annual precipitation of 88.7 in (225.3
cm), mean annual temperature of 72.3[emsp14][deg]F (22.7 [deg]C), and
Los Guineos type of soil (i.e., very deep, acidic, clayey, well-drained
soils on side slopes of mountains).

Varronia rupicola

(1) Remnants of native shrubland and scrubland forest on limestone
substrate within the subtropical dry forest life zone. Dry shrubland
and scrubland forest includes:
(a) Shrubland vegetation with canopy from 6.5 to 9.8 ft (2 to 3 m)
high;
(b) Limestone pavement;
(c) Associated native vegetation; and
(d) A shrub layer dominated by Croton humilis, Eupatorium sinuatum,
Lantana reticulata, and Turnera diffusa.
(2) Semi-deciduous dry forest on limestone substrate within the
subtropical dry forest life zone. Dry limestone semi-deciduous forest
includes:
(a) Low forest with canopy from 8 to 15 ft (3 to 5 m) high;
(b) Limestone pavement;
(c) Associated dry forest native vegetation; and
(d) A shrub layer dominated by Croton humilis, Eupatorium sinuatum,
Lantana reticulata, and Turnera diffusa.
(3) The type locations described in PCEs (1) and (2), above, for
this species should have shallow and alkaline soils derived from
limestone rock and an average rainfall of 34 in (86 cm).

Special Management Considerations or Protection

When designating critical habitat, we assess whether the specific
areas within the geographic area occupied by the species at the time of
listing contain features which are essential to the conservation of the
species and which may require special management considerations or
protection.

Agave eggersiana and Varronia rupicola

The primary threats to the PBFs that Agave eggersiana and Varronia
rupicola depend on includes: (1) Habitat destruction and modification
by development; (2) competition with nonnative plant species; (3)
human-induced fire; and (4) hurricanes and storm surge. The majority of
these threats can be addressed by special management considerations or
protection, while others (e.g., hurricanes and storm surges) are beyond
the control of land owners and managers.
Management activities that could ameliorate these threats include,
but are not limited to, establishment of permanent conservation
easements or land acquisition to protect the species and its habitat on
private lands; establishment of conservation agreements on private,
nongovernment, and government lands to protect the habitat;
implementation of control of invasive, nonnative plant species to
reduce competition and prevent habitat degradation; implementation of
management practices to control fires; and creation or revision of
management plans for the identification of the areas where current
developments exist and to better guide the implementation of
conservation measures for the species. For Agave eggersiana,
precautions are needed to avoid inadvertent mowing and cutting of the
species in the course of landscaping activities. In addition, for both
A. eggersiana and Varronia rupicola, development of residential and
tourism projects should avoid impacting these habitats directly or
indirectly, and habitat fragmentation should be limited as much as
possible to maintain connectivity between populations and to avoid
habitat degradation due to the colonization by nonnative, invasive
plants.

Gonocalyx concolor

The primary threats to the PBFs that Gonocalyx concolor depends on
include: (1) Habitat destruction and modification by development of
telecommunication towers and associated facilities on the mountain top
of Cerro La Santa; (2) vegetation management; (3) hurricanes and
tropical storms; (4) landslides; (5) invasive species; and (6) human-
induced fire. The majority of these threats can be addressed by special
management considerations or protection while others (e.g., hurricanes,
landslides, and climate change) are beyond the control of land owners
and managers.
Management activities that could ameliorate these threats include,
but are not limited to, implementation of conservation measures with
DNER to reduce threats to the species in the Carite Commonwealth
Forest; minimization of habitat disturbance, fragmentation, and
destruction resulting from maintenance of telecommunication facilities;
prevention of fires; and controlling invasive plant species.
The reduction of all these threats for Agave eggersiana, Gonocalyx
concolor, and Varronia rupicola will require the implementation of
special management actions within each of the critical habitat areas
identified in this proposed rule. All proposed critical habitat
requires active management to address the ongoing threats listed above
and those presented in the discussions of Factors A through E (see
Summary of Factors Affecting the Species section of our proposed
listing rule, which is published elsewhere in today's Federal
Register).
Special management considerations or protection for the features
essential to the conservation of the species within each critical
habitat area will depend on the threats to the essential features in
that critical habitat area. Accordingly, the description of each
critical habitat unit below will include a discussion of the threats
and the special management actions needed to address them.

Criteria Used To Identify Critical Habitat

As required by section 4(b)(2) of the Act, we use the best
scientific data available to designate critical habitat. Sources of
data for the three Caribbean species and their habitat include multiple
databases maintained by universities and by State and Federal agencies
from Puerto Rico and USVI, reports on assessments and surveys
throughout the species' range, and assessments of current conditions of
the three Caribbean species and their

[[Page 62538]]

habitat at known locations (e.g., Monsegur and Vargas, Service, pers.
obs. 2013; Dalmida-Smith, DPNR 2010, Moser et al. 2010). We review
available information pertaining to the habitat requirements of the
species. In accordance with the Act and its implementing regulations at
50 CFR 424.12(e), we consider whether designating additional areas
outside those currently occupied, as well as those that are currently
occupied (i.e., occupied at the time of listing), is necessary to
ensure the conservation of the species.
We are proposing to designate critical habitat in areas within the
geographical area currently occupied by the three Caribbean plants
(i.e., occupied at the time of proposed listing). All of these units
are proposed for designation based on sufficient elements of physical
and biological features being present to support known life-history
processes of the species. We have defined occupied critical habitat as
areas where the three Caribbean plants are currently found and that
have the PCEs mentioned above at the time of listing. We used
information from site visits to the species' habitats conducted by
Service biologists, herbarium specimens, personal communications with
researchers, and reports prepared by agencies and researchers to
identify the specific locations occupied by the three species. We
plotted all occurrence records of the three Caribbean plants on maps in
geographic information system as points and polygons. Then, we used
U.S. Geological Survey (USGS) topographic maps, aerial photographs, and
U.S. Forest Service (USFS)--International Institute of Tropical
Forestry (IITF) land cover layers to delineate the critical habitat
units. Critical habitat units were then mapped using ArcMap version 10
(Environmental Systems Research Institute, Inc.), a Geographic
Information Systems (GIS) program.
We are also proposing to designate specific areas outside the
geographical area occupied by Agave eggersiana at the time of listing
(areas reported as historical) and Varronia rupicola, because the
current amount of habitat that is occupied is not sufficient for the
recovery of the species; hence, we have determined that such areas are
essential for their conservation. The justification for why unoccupied
habitat is essential to the conservation of these species, and the
methodology used to identify the best unoccupied areas for
consideration of inclusion, is set forth below.
Small populations and plant species with limited distributions,
like those of Agave eggersiana and Gonocalyx concolor, are vulnerable
to relatively minor environmental disturbances (Frankham 2005, pp. 135-
136), and are subject to the loss of genetic diversity from genetic
drift (Ellstrand and Elam 1993, pp. 217-237; Leimu et al. 2006, pp.
942-952; Honnay and Jacquemyn, 2007, p. 824). Plant populations with
lowered genetic diversity are more prone to local extinction (Barrett
and Kohn 1991, pp. 4, 28). Smaller plant populations generally have
lower genetic diversity, and lower genetic diversity may in turn lead
to even smaller populations by decreasing the species' ability to
adapt, thereby increasing the probability of population extinction
(Newman and Pilson 1997, p. 360; Palstra and Ruzzante 2008, pp. 3428-
3447). Because of the dangers associated with small populations or
limited distributions, the recovery of many rare plant species includes
the creation of new sites or reintroductions to ameliorate these
effects. When proposing or designating critical habitat, we consider
future recovery efforts and conservation of the species.
The habitat of these species must be conserved to fulfill their
recovery. Furthermore, it is important to ensure there are enough
individuals of the species to secure their survival into the future as
well as to ensure the habitat (with all associated plant communities)
is adequate for the species. At present, there are only approximately
300 known adult individuals of Agave eggersiana, 31 individuals of
Gonocalyx concolor, 75 individuals of Varronia rupicola, and only few
areas where the three species have been documented. Although at this
moment we do not know how many individuals would suffice to safeguard
these species, having limited populations in limited areas is
detrimental to the species, and even more detrimental if threats are
not ameliorated.

Determination of Critical Habitat Units

We are proposing four areas that are currently occupied and two
areas that are currently unoccupied, but on which the species have been
historically reported as critical habitat, for Agave eggersiana; two
occupied areas for Gonocalyx concolor; and five occupied areas and two
unoccupied areas for Varronia rupicola. We believe the proposed areas
are essential to ensure the protection of habitat over a wide
geographic area and to help ensure that catastrophic events, such as
hurricanes, fires, and diseases, will not affect all populations
simultaneously.

Areas Occupied at the Time of Listing

The proposed critical habitat designation focuses on occupied areas
throughout the range of the three Caribbean species that have the
necessary PCEs to allow for the maintenance and expansion of existing
populations.

Agave eggersiana

We identified seven populations of Agave eggersiana in St. Croix,
five to the south and two to the north. Three of the five populations
in the south are found in proximate locations, as explained further.
One proximate location includes South Shore, Cane Garden, and Vagthus
Point, which are all located along the same beach, and for the purpose
of this document we will discuss these populations as one location
(hereafter Cane Garden) allowing area for the expansion of the
populations. Manchenil Bay, Great Pond, and Protestant Cay will be
discussed as the other three locations. Gallows Bay is not proposed as
critical habitat, even though it is occupied by the species, because
the area lacks the identified PCEs. There is no habitat available for
either the establishment of other individuals or the expansion of the
species, because it is located within a condominium project. This
existing population is of one individual hanging on a cliff/hillside,
and when it is time to reproduce, all the bulbils will fall to the road
(asphalted road) and the bulbils will not be able to continue their
growth. There is no suitable habitat in this area aside from where the
plant is currently located.

Gonocalyx concolor

We identified two units that harbor the only three populations
known of Gonocalyx concolor: Two populations at Cerro La Santa and
another population at Charco Azul, both in the Carite Commonwealth
Forest. At Cerro La Santa, the species is found at elevations between
2,890 to 2,950 ft (880 to 900 m) from sea level, associated to remnants
of elfin forest vegetation and to late successional vegetation. The
species shows a limited distribution in its habitat, occupying only
0.75 ac (0.3 ha) at Cerro La Santa (Pacheco and Monsegur, USFWS,
unpublished data, 2013) and approximately 0.12 ac (0.05 ha) at Charco
Azul (O. Monsegur, unpublished data, 2006).

Varronia rupicola

We identified five natural areas currently occupied by Varronia
rupicola (Montalva, Gu[aacute]nica Commonwealth Forest, Montes de
Barina, Pe[ntilde]on de Ponce, and Puerto Ferro). The species

[[Page 62539]]

has been consistently reported from these areas during the last decade,
and all areas harbor remnants of native forest characterized by a high
plant diversity and endemism. All of these areas harbor remnants of
native shrubland/scrubland forest vegetation and semi-deciduous dry
forest on limestone substrate, showing a unique forest structure that
is not present elsewhere in Puerto Rico and that represent the habitat
that contains the features necessary for the conservation of the
species.

Areas Outside of the Geographic Range at the Time of Listing

For us to propose for designation areas not occupied by the three
Caribbean species at the time of listing, we must demonstrate that
these areas are essential to the conservation of the species. We are
proposing to designate critical habitat outside of the geographic range
at the time of listing for Agave eggersiana and Varronia rupicola.

Agave eggersiana

The east end of St. Croix is within the historical range of Agave
eggersiana (Britton and Wilson 1923, p. 156), but it is not within the
geographic range currently occupied by the species. To determine if
this area is essential for the conservation Agave eggersiana, we
considered: (1) The importance of the site to the overall status of the
species to prevent extinction and to contribute to future recovery of
A. eggersiana; (2) whether the areas contain the PCEs and PBFs; (3)
whether the area could be restored to contain the necessary habitat to
support A. eggersiana; and (4) whether a population of the species
could be reestablished in that unoccupied area.
The easternmost area of St. Croix encompasses conservation areas
managed by the USVI Government and The Nature Conservancy. In this
area, we are proposing to designate two units (East End North and East
End South). These areas may allow for important population expansion of
Agave eggersiana. Furthermore, this area of land is a secluded location
that would safeguard the species in the event of a catastrophic event
such as a hurricane, or a threat such as a disease or pest (e.g., agave
snout weevil (Scyphophorus acupunctatus)). These areas also contain all
of the PCEs. Hence, we consider the areas as essential for the
conservation of A. eggersiana.

Varronia rupicola

We propose the designation of two areas that are not currently
occupied by the species. These two areas are known as Punta Negra and
Cerro Playuela on the Island of Vieques and lie adjacent to an area
currently occupied by the species (Puerto Ferro), forming a continuous
habitat that provides an ecological niche for the species. They contain
the dry coastal shrubland habitat PCEs and PBFs, including substrates,
and associated native plants and forest structure. We consider these
three contiguous peninsulas (Punta Negra, Cerro Playuela, and Puerto
Ferro) as a single ecological unit, which are separated by two narrow
water channels. The channels are not representative of a barrier for
dispersion or expansion of the species. Furthermore, these forested
areas provide shelter for potential pollinators and dispersers of
Varronia rupicola. This kind of habitat does not occur elsewhere in
Vieques, as most of the Island was deforested for agricultural
practices, and further degraded by military practices. Therefore, Punta
Negra and Cerro Playuela provide suitable habitat conditions for
natural recruitment of V. rupicola and for the expansion of its
populations. It is very likely that V. rupicola also occurs within
Punta Negra and Cerro Playuela, and that ecological interactions and
genetic flow between these areas and Puerto Ferro is occurring. The
loss of this forest fragments may compromise the conservation of the
genetic stock represented in that population. Hence, we consider Punta
Negra and Cerro Playuela to be essential for the conservation of the
genetic diversity of the species.
For Agave eggersiana and Varronia rupicola, the current amount of
habitat that is occupied is not sufficient for the recovery of the
species; therefore, we determined it essential to include additional
unoccupied habitat units in this proposed critical habitat designation.
When determining proposed critical habitat boundaries, we made
every effort to avoid including developed areas such as buildings and
pavement, and other structures because such lands lack the physical or
biological features for the three Caribbean species. The scale of the
maps we prepared under the parameters for publication within the Code
of Federal Regulations may not reflect the exclusion of such developed
lands. Any such lands inadvertently left inside critical habitat
boundaries shown on the maps of this proposed rule have been excluded
by text in the proposed rule and are not proposed for designation as
critical habitat. Therefore, if the critical habitat is finalized as
proposed, a Federal action involving these lands would not trigger
section 7 consultation with respect to critical habitat and the
requirement of no adverse modification unless the specific action would
affect the physical or biological features in the adjacent critical
habitat.
The critical habitat designation is defined by the map or maps, as
modified by any accompanying regulatory text, presented at the end of
this document in the rule portion. We include more detailed information
on the boundaries of the critical habitat designation in the preamble
of this document. We will make the coordinates or plot points or both
on which each map is based available to the public on http://www.regulations.gov at Docket No. FWS-R4-ES-2013-0040, on our Internet
site at http://www.fws.gov/caribbean/es, and at the field office
responsible for the designation (see FOR FURTHER INFORMATION CONTACT,
above).

Proposed Critical Habitat Designation

Agave eggersiana

We are proposing to designate 50.6 ac (20.5 ha) in six units as
critical habitat for Agave eggersiana. The critical habitat units
described below constitute our best current assessment of areas that
meet the definition of critical habitat for this species. The six units
we propose as critical habitat are: (1) Cane Garden, (2) Manchenil, (3)
Great Pond, (4) Protestant Cay, (5) East End South, and (6) East End
North. Table 1 shows the proposed critical habitat units, land
ownership, and approximate extent of the proposed critical habitat for
A. eggersiana.

Table 1--Agave Eggersiana Proposed Critical Habitat Units
----------------------------------------------------------------------------------------------------------------
Occupied at time of
Unit listing? Land ownership Hectares Acres
----------------------------------------------------------------------------------------------------------------
1. Cane Garden.................. Yes..................... Private............ 2.8 6.9
2. Manchenil.................... Yes..................... Private............ 0.61 1.5
3. Great Pond................... Yes..................... Government......... 0.32 0.8

[[Page 62540]]

4. Protestant Cay............... Yes..................... Government, but 0.16 0.4
leased to private.
5. East End South............... No...................... Private............ 7.7 19
6. East End North............... No...................... Government......... 8.9 22
-------------------------------------------------------------------------------
Total....................... ........................ ................... 20.5 50.6
----------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.

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

Gonocalyx concolor

We are proposing to designate approximately198 ac (80.1 ha) in two
units as critical habitat for the Gonocalyx concolor. The critical
habitat units described below constitute our best current assessment of
areas that meet the definition of critical habitat for this species.
The two units we propose as critical habitat are: (1) Cerro La Santa;
and (2) Charco Azul. Both units fall within the Carite Commonwealth
Forest, land owned by the Commonwealth of Puerto Rico and managed for
conservation by the Puerto Rico DNER. Table 2 shows the proposed
critical habitat units, land ownership, and approximate extent of the
proposed critical habitat for G. concolor.

Table 2--Gonocalyx Concolor Proposed Critical Habitat Units
----------------------------------------------------------------------------------------------------------------
Occupied at time of
Unit listing? Land ownership Hectares Acres
----------------------------------------------------------------------------------------------------------------
1. Cerro La Santa............... Yes..................... Commonwealth of 7.6 18.8
Puerto Rico.

[[Page 62541]]

2. Charco Azul.................. Yes..................... Commonwealth of 72.5 179.2
Puerto Rico.
-------------------------------------------------------------------------------
Total....................... ........................ .................. 80.1 198
----------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.

Below, we present brief descriptions of all units and reasons why
these units meet the definition of critical habitat for Gonocalyx.
concolor.
Unit 1: Cerro La Santa
Unit 1 consists of 18.8 ac (7.6 ha) of elfin forest located on
exposed peaks and ridges of Cerro La Santa, above 2,890 ft (880 m) in
elevation from sea level. This unit is located in the Sierra de Cayey
on Road PR 184, Km 27.1 in Espino Ward, between the Municipalities of
Cayey and San Lorenzo. This unit is within the geographical area
occupied by the species at the time of listing. This unit contains all
PCEs. The PCEs in this unit may require special considerations to
address threats of habitat modification resulting from maintenance and
potential expansion of existing telecommunication facilities, human-
induced fires, invasive species, and degradation of forest quality.
Unit 2: Charco Azul
Unit 2 consists of 179.2 ac (72.5 ha) of ausubo forest located
along the Rio Grande de Patillas River basin between 2,030 ft (620 m)
and 2,330 ft (720 m) in elevation from sea level. This unit is
approximately 2.0 mi (3.2 km) southeast of Unit 1. This unit is within
the geographical area occupied by the species at the time of listing.
This unit contains all PCEs. The PCEs in this unit may require special
considerations and protection to address threats of habitat
modification resulting from human-induced fires, invasive species, and
degradation of forest quality.

Varronia rupicola

We are proposing to designate 6,547 ac (2,648 ha) in seven units as
critical habitat for Varronia rupicola. The critical habitats described
below constitute our best current assessment of areas that meet the
definition of critical habitat for this species. The seven units are:
(1) Montalva, (2) Gu[aacute]nica Commonwealth Forest, (3) Montes de
Barina, (4) Pe[ntilde]on de Ponce, (5) Punta Negra, (6) Puerto Ferro,
and (7) Cerro Playuela. Table 3 shows the proposed critical habitat
units, land ownership, and approximate extent of the proposed critical
habitat for V. rupicola.

Table 3--Varronia Rupicola Proposed Critical Habitat Units
----------------------------------------------------------------------------------------------------------------
Occupied at time of
Unit listing? Land ownership Hectares Acres
----------------------------------------------------------------------------------------------------------------
1. Montalva...................... Yes..................... Commonwealth of 401 992
Puerto Rico.
2. Gu[aacute]nica Commonwealth Yes..................... Commonwealth of 236 584
Forest. Puerto Rico.
3. Montes de Barina.............. Yes..................... Private............ 810 2,002
4. Pe[ntilde]on de Ponce......... Yes..................... Private............ 880 2,174
5. Punta Negra................... No...................... Commonwealth of 117 291
Puerto Rico.
6. Puerto Ferro.................. Yes..................... Federal Government 154 381
(FWS).
7. Cerro Playuela................ No...................... Federal Government 50 123
(FWS).
------------------------------------------------------------------------------
Total........................ ........................ ................... 2,648 6,547
----------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.

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

[[Page 62542]]

modification (e.g., urban development and right-of-way maintenance).
Unit 3: Montes de Barina
Unit 3 consists of 2,002 ac (810 ha) of privately owned lands
primarily located along Indios Ward in the municipality of Guayanilla.
A small section of this unit falls within the Cambalache Ward in Yauco,
Puerto Rico. This unit is located just south of State Highway PR 2. The
forested habitat in this unit was minimally impacted by other land use
practices like charcoal production and ranching due to its marginal
agricultural value; hence, it has maintained its unique features. The
unit is within the geographical area occupied by the species at the
time of listing and contains the dry coastal shrubland habitat's PCEs
and PBFs, including suitable climate, substrates, and associated native
plants and forest structure. The PCEs in this unit may require special
considerations to address threats of nonnative plant species, human-
induced fires, hurricanes, and habitat modification (e.g., urban
development).
Unit 4: Pe[ntilde]on de Ponce
Unit 4 consists of 2,174 ac (880 ha) of privately owned lands
located along Encarnaci[oacute]n and Canas Wards in the municipalities
of Pe[ntilde]uelas and Ponce, Puerto Rico. This unit is located just
north of State Highway PR 2 in the area known as Punta Cucharas. The
forested habitat in this unit was minimally impacted by other land use
practices like charcoal production and ranching due to its marginal
agricultural value; hence, it has maintained its unique features. It is
within the geographical area occupied by the species at the time of
listing and contains the dry coastal shrubland habitat's PCEs and PBFs,
including suitable climate, substrates, and associated native plants
and forest structure. The PCEs in this unit may require special
considerations to address threats of nonnative plant species, human-
induced fires, hurricanes, and habitat modification (e.g., urban
development).
Unit 5: Punta Negra
Unit 5 is a small peninsula that consists of 291 ac (117 ha) of
Commonwealth-owned lands located within Puerto Ferro Ward on the island
of Vieques, Puerto Rico. This unit is located about 1.5 mi (2.5 km)
east of the town of Esperanza and west of Puerto Ferro, Vieques
National Wildlife Refuge (NWR). This natural area is managed by the
Puerto Rico DNER as part of the Puerto Mosquito Natural Reserve. The
forested habitat in this unit was minimally impacted by other land use
practices like charcoal production and ranching due to its marginal
agricultural value; hence, it has maintained its unique features. It is
adjacent to an area currently occupied by the species (Unit 6), forming
a continuous habitat and contains the dry coastal shrubland habitat's
PCEs and PBFs, including suitable climate, substrates, and associated
native plants and forest structure. However, there is no specific
record of the species within this unit. We consider Units 5, 6, and 7
to be a single ecological unit. The species is expected to occur within
this area and ecological interactions and genetic flow between this
area and Unit 6 may be essential for the recovery of the species. It
was not included as a single unit with Units 6 and 7 because these
peninsulas are united by a narrow mangrove forest that does not provide
habitat for the species. The PCEs in this unit may require special
considerations to address threats of nonnative plant species, human-
induced fires, and hurricanes.
Unit 6: Puerto Ferro
Unit 6 is a small peninsula that consists of 381 ac (154 ha) of
federally owned lands managed by the Service as the Vieques NWR, and is
located within the Puerto Ferro Ward on the island of Vieques, Puerto
Rico. This unit is located about 4 km (2.5 mi) east of the town of
Esperanza. It is located just between Unit 5 and Unit 7, forming a
continuous habitat and contains the dry coastal shrubland habitat's
PCEs and PBFs, and therefore we consider Units 5, 6, and 7 to be a
single ecological unit. The forested habitat in this unit was minimally
impacted by other land use practices like charcoal production and
ranching due to its marginal agricultural value; hence, it has
maintained its unique features. It is within the geographical area
occupied by the species at the time of listing and contains the dry
coastal shrubland's habitat PCEs and PBFs, including suitable climate,
substrates, and associated native plants and forest structure. The
species occurs within this area and ecological interactions and genetic
flow between this area and the adjacent habitat (Unit 5 and Unit 7) may
be essential for the recovery of the species. It was not included as a
single unit with Units 5 and 7 because these peninsulas are united by a
narrow mangrove forest that does not provide habitat for the species.
The PCEs in this unit may require special considerations to address
threats of nonnative plant species, human-induced fires, and
hurricanes.
Unit 7: Cerro Playuela
Unit 7 is a small peninsula that consists of 123 ac (50 ha) of
federally owned lands managed by the Service as the Vieques NWR, and is
located within Puerto Ferro Ward on the island of Vieques, Puerto Rico.
This unit is located about 0.5 km (0.31 mi) south of the former airport
of Campamento Garc[iacute]a (Vieques NWR). The forested habitat in this
unit was minimally impacted by other land use practices like charcoal
production and ranching due to its marginal agricultural value; hence,
it has maintained its unique features. It is adjacent to an area
currently occupied by the species (Unit 6), forming a continuous
habitat, and contains the dry coastal shrubland habitat's PCEs and
PBFs, including suitable climate, substrates, and associated native
plants and forest structure. However, there is no specific record of
the species within this unit. We consider Units 5, 6, and 7 to be a
single ecological unit. The species is expected to occur within this
area and ecological interactions and genetic flow between this area and
Unit 6 may be essential for the recovery of the species. It was not
included as a single unit with Units 5 and 6 because these peninsulas
are united by a narrow mangrove forest that does not provide habitat
for the species. The PCEs in this unit may require special
considerations to address threats of nonnative plant species, human-
induced fires, and hurricanes.

Effects of Critical Habitat Designation

Section 7 Consultation

Section 7(a)(2) of the Act requires Federal agencies, including the
Service, to ensure that any action they fund, authorize, or carry out
is not likely to jeopardize the continued existence of any endangered
species or threatened species or result in the destruction or adverse
modification of designated critical habitat of such species. In
addition, section 7(a)(4) of the Act requires Federal agencies to
confer with the Service on any agency action which is likely to
jeopardize the continued existence of any species proposed to be listed
under the Act or result in the destruction or adverse modification of
proposed critical habitat.
Decisions by the 5th and 9th Circuit Courts of Appeals have
invalidated our regulatory definition of ``destruction or adverse
modification'' (50 CFR 402.02) (see Gifford Pinchot Task Force v. U.S.
Fish and Wildlife Service, 378 F.3d 1059 (9th Cir. 2004) and Sierra
Club v. U.S. Fish and Wildlife Service et al., 245 F.3d 434 (5th Cir.
2001)), and we do not rely

[[Page 62543]]

on this regulatory definition when analyzing whether an action is
likely to destroy or adversely modify critical habitat. Under the
provisions of the Act, we determine destruction or adverse modification
on the basis of whether, with implementation of the proposed Federal
action, the affected critical habitat would continue to serve its
intended conservation role for the species.
If a Federal action may affect a listed species or its critical
habitat, the responsible Federal agency (action agency) must enter into
consultation with us. Examples of actions that are subject to the
section 7 consultation process are actions on State, tribal, local, or
private lands that require a Federal permit (such as a permit from the
U.S. Army Corps of Engineers under section 404 of the Clean Water Act
(33 U.S.C. 1251 et seq.) or a permit from the Service under section 10
of the Act) or that involve some other Federal action (such as funding
from the Federal Highway Administration, Federal Aviation
Administration, or the Federal Emergency Management Agency). Federal
actions not affecting listed species or critical habitat, and actions
on State, tribal, local, or private lands that are not federally funded
or authorized, do not require section 7 consultation.
As a result of section 7 consultation, we document compliance with
the requirements of section 7(a)(2) through our issuance of:
(1) A concurrence letter for Federal actions that may affect, but
are not likely to adversely affect, listed species or critical habitat;
or
(2) A biological opinion for Federal actions that may affect and
are likely to adversely affect listed species or critical habitat.
When we issue a biological opinion concluding that a project is
likely to jeopardize the continued existence of a listed species and/or
destroy or adversely modify critical habitat, we provide reasonable and
prudent alternatives to the project, if any are identifiable, that
would avoid the likelihood of jeopardy and/or destruction or adverse
modification of critical habitat. We define ``reasonable and prudent
alternatives'' (at 50 CFR 402.02) as alternative actions identified
during consultation that:
(1) Can be implemented in a manner consistent with the intended
purpose of the action,
(2) Can be implemented consistent with the scope of the Federal
agency's legal authority and jurisdiction,
(3) Are economically and technologically feasible, and
(4) Would, in the Director's opinion, avoid the likelihood of
jeopardizing the continued existence of the listed species and/or avoid
the likelihood of destroying or adversely modifying critical habitat.
Reasonable and prudent alternatives can vary from slight project
modifications to extensive redesign or relocation of the project. Costs
associated with implementing a reasonable and prudent alternative are
similarly variable.
Regulations at 50 CFR 402.16 require Federal agencies to reinitiate
consultation on previously reviewed actions in instances where we have
listed a new species or subsequently designated critical habitat that
may be affected and the Federal agency has retained discretionary
involvement or control over the action (or the agency's discretionary
involvement or control is authorized by law). Consequently, Federal
agencies sometimes may need to request reinitiation of consultation
with us on actions for which formal consultation has been completed, if
those actions with discretionary involvement or control may affect
subsequently listed species or designated critical habitat.

Application of the ``Adverse Modification'' Standard

The key factor related to the adverse modification determination is
whether, with implementation of the proposed Federal action, the
affected critical habitat would continue to serve its intended
conservation role for the species. Activities that may destroy or
adversely modify critical habitat are those that alter the physical or
biological features to an extent that appreciably reduces the
conservation value of critical habitat for Agave eggersiana, Gonocalyx
concolor, and Varronia rupicola. As discussed above, the role of
critical habitat is to support life-history needs of the species and
provide for the conservation of the species.
Section 4(b)(8) of the Act requires us to briefly evaluate and
describe, in any proposed or final regulation that designates critical
habitat, activities involving a Federal action that may destroy or
adversely modify such habitat, or that may be affected by such
designation.
Activities that may affect critical habitat, when carried out,
funded, or authorized by a Federal agency, should result in
consultation for Agave eggersiana, Gonocalyx concolor, and Varronia
rupicola. These activities include, but are not limited to:
(1) Actions that would appreciably degrade or destroy the physical
or biological features for the species. Such activities could include,
but are not limited to, clearing or cutting native live trees and
shrubs (e.g., bulldozing, vegetation pruning, construction, road
building, maintenance of rights-of-way for powerlines, and herbicide
application). These activities could pose a risk of take by fire to the
survival of Agave eggersiana, Gonocalyx concolor, and Varronia
rupicola.
(2) Actions that would introduce or encourage the spread of
nonnative plant species that would significantly alter vegetation
structure. Such activities may include, but are not limited to,
residential and commercial development and road construction. These
activities can affect the growth, reproduction, and survival of Agave
eggersiana, Gonocalyx concolor, and Varronia rupicola.
(3) Actions that would significantly alter the structure and
function of the elfin forest or the ausubo forest within the Carite
Commonwealth Forest. Removal of vegetation could alter or eliminate the
microclimate (e.g., change in temperature and humidity levels) and may
allow invasion of competitor species and thereby negatively affect the
habitat necessary for all life stages of the Gonocalyx concolor.

Exemptions

Application of Section 4(a)(3) of the Act

The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a)
required each military installation that includes land and water
suitable for the conservation and management of natural resources to
complete an integrated natural resources management plan (INRMP) by
November 17, 2001. An INRMP integrates implementation of the military
mission of the installation with stewardship of the natural resources
found on the base. Each INRMP includes:
(1) An assessment of the ecological needs on the installation,
including the need to provide for the conservation of listed species;
(2) A statement of goals and priorities;
(3) A detailed description of management actions to be implemented
to provide for these ecological needs; and
(4) A monitoring and adaptive management plan.
Among other things, each INRMP must, to the extent appropriate and
applicable, provide for fish and wildlife management; fish and wildlife
habitat enhancement or modification; wetland

[[Page 62544]]

protection, enhancement, and restoration where necessary to support
fish and wildlife; and enforcement of applicable natural resource laws.
The National Defense Authorization Act for Fiscal Year 2004 (Pub.
L. 108-136) amended the Act to limit areas eligible for designation as
critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16
U.S.C. 1533(a)(3)(B)(i)) now provides: ``The Secretary shall not
designate as critical habitat any lands or other geographic areas owned
or controlled by the Department of Defense, or designated for its use,
that are subject to an integrated natural resources management plan
prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if the
Secretary determines in writing that such plan provides a benefit to
the species for which critical habitat is proposed for designation.''
There are no Department of Defense lands within the proposed
critical habitat designation for Agave eggersiana, Gonocalyx concolor,
or Varronia rupicola.

Exclusions

Application of Section 4(b)(2) of the Act

Section 4(b)(2) of the Act states that the Secretary shall
designate and make revisions to critical habitat on the basis of the
best available scientific data after taking into consideration the
economic impact, national security impact, and any other relevant
impact of specifying any particular area as critical habitat. The
Secretary may exclude an area from critical habitat if he determines
that the benefits of such exclusion outweigh the benefits of specifying
such area as part of the critical habitat, unless he determines, based
on the best scientific data available, that the failure to designate
such area as critical habitat will result in the extinction of the
species. In making that determination, the statute on its face, as well
as the legislative history, are clear that the Secretary has broad
discretion regarding which factor(s) to use and how much weight to give
to any factor.
Under section 4(b)(2) of the Act, we may exclude an area from
designated critical habitat based on economic impacts, impacts on
national security, or any other relevant impacts. In considering
whether to exclude a particular area from the designation, we identify
the benefits of including the area in the designation, identify the
benefits of excluding the area from the designation, and evaluate
whether the benefits of exclusion outweigh the benefits of inclusion.
If the analysis indicates that the benefits of exclusion outweigh the
benefits of inclusion, the Secretary may exercise her discretion to
exclude the area only if such exclusion would not result in the
extinction of the species.
Economic Impacts
Under section 4(b)(2) of the Act, we consider the economic impacts
of specifying any particular area as critical habitat. In order to
consider economic impacts, we are preparing an analysis of the economic
impacts of the proposed critical habitat designation and related
factors.
We will announce the availability of the draft economic analysis as
soon as it is completed, at which time we will seek public review and
comment. At that time, copies of the draft economic analysis will be
available for downloading from the Internet at the Federal eRulemaking
Portal at http://www.regulations.gov under Docket No. FWS-R4-ES-2013-
0040, or by contacting the Caribbean Ecological Services Field Office
directly (see FOR FURTHER INFORMATION CONTACT). During the development
of a final designation, we will consider economic impacts based on
information in our economic analysis, public comments, and other new
information, and areas may be excluded from the final critical habitat
designation under section 4(b)(2) of the Act and our implementing
regulations at 50 CFR 424.19.
National Security Impacts
Under section 4(b)(2) of the Act, we consider whether there are
lands where a national security impact might exist. As discussed above,
we have determined that the lands within the proposed designation of
critical habitat for Agave eggersiana, Gonocalyx concolor, and Varronia
rupicola are not owned or managed by the Department of Defense, and,
therefore, we anticipate no impact on national security. Consequently,
the Secretary is not intending to exercise her discretion to exclude
any areas from the final designation based on impacts on national
security.
Other Relevant Impacts
Under section 4(b)(2) of the Act, we consider any other relevant
impacts, in addition to economic impacts and impacts on national
security. We consider a number of factors, including whether the
landowners have developed any HCPs or other management plans for the
area, or whether there are conservation partnerships that would be
encouraged by designation of, or exclusion from, critical habitat. In
addition, we look at any tribal issues, and consider the government-to-
government relationship of the United States with tribal entities. We
also consider any social impacts that might occur because of the
designation.
In preparing this proposal, we have determined that there are
currently no HCPs or other management plans for Agave eggersiana,
Gonocalyx concolor, or Varronia rupicola. The proposed designation does
not include any tribal lands or trust resources. We anticipate no
impact on tribal lands, partnerships, or HCPs from this proposed
critical habitat designation. Accordingly, the Secretary does not
intend to exercise his discretion to exclude any areas from the final
designation based on other relevant impacts.

Peer Review

In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270), we will seek the expert
opinions of at least three appropriate and independent specialists
regarding this proposed rule. The purpose of peer review is to ensure
that our critical habitat designations are based on scientifically
sound data, assumptions, and analyses. We have invited these peer
reviewers to comment during this public comment period.
We will consider all comments and information we receive during
this comment period on this proposed rule during our preparation of a
final determination. Accordingly, the final determination may differ
from this proposal.

Public Hearings

Section 4(b)(5) of the Act provides for one or more public hearings
on this proposal, if requested. Requests must be received within 45
days after the date of publication of this proposed rule in the Federal
Register. Such requests must be sent to the address shown in the FOR
FURTHER INFORMATION CONTACT section. We will schedule public hearings
on this proposal, if any are requested, and announce the dates, times,
and places of those hearings, as well as how to obtain reasonable
accommodations, in the Federal Register and local newspapers at least
15 days before the hearing.

Required Determinations

Regulatory Planning and Review--Executive Orders 12866 and 13563

Executive Order 12866 provides that the Office of Information and
Regulatory Affairs will review all significant rules. The Office of
Information and Regulatory Affairs has determined that this rule is not
significant.
Executive Order 13563 reaffirms the principles of Executive Order
12866

[[Page 62545]]

while calling for improvements in the nation's regulatory system to
promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The executive order directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. Executive Order 13563
emphasizes further that regulations must be based on the best available
science and that the rulemaking process must allow for public
participation and an open exchange of ideas. We have developed this
rule in a manner consistent with these requirements.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.) as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996 (5 U.S.C. 801 et seq.), whenever an agency must
publish a notice of rulemaking for any proposed or final rule, it must
prepare and make available for public comment a regulatory flexibility
analysis that describes the effects of the rule on small entities
(small businesses, small organizations, and small government
jurisdictions). However, no regulatory flexibility analysis is required
if the head of the agency certifies the rule will not have a
significant economic impact on a substantial number of small entities.
The SBREFA amended the RFA to require Federal agencies to provide a
certification statement of the factual basis for certifying that the
rule will not have a significant economic impact on a substantial
number of small entities.
According to the Small Business Administration, small entities
include small organizations such as independent nonprofit
organizations; small governmental jurisdictions, including school
boards and city and town governments that serve fewer than 50,000
residents; and small businesses (13 CFR 121.201). Small businesses
include such businesses as manufacturing and mining concerns with fewer
than 500 employees, wholesale trade entities with fewer than 100
employees, retail and service businesses with less than $5 million in
annual sales, general and heavy construction businesses with less than
$27.5 million in annual business, special trade contractors doing less
than $11.5 million in annual business, and forestry and logging
operations with fewer than 500 employees and annual business less than
$7 million. To determine whether small entities may be affected, we
will consider the types of activities that might trigger regulatory
impacts under this designation as well as types of project
modifications that may result. In general, the term ``significant
economic impact'' is meant to apply to a typical small business firm's
business operations.
Importantly, the incremental impacts of a rule must be both
significant and substantial to prevent certification of the rule under
the RFA and to require the preparation of an initial regulatory
flexibility analysis. If a substantial number of small entities are
affected by the proposed critical habitat designation, but the per-
entity economic impact is not significant, the Service may certify.
Likewise, if the per-entity economic impact is likely to be
significant, but the number of affected entities is not substantial,
the Service may also certify.
Under the RFA, as amended, and following recent court decisions,
Federal agencies are only required to evaluate the potential
incremental impacts of rulemaking on those entities directly regulated
by the rulemaking itself, and not the potential impacts to indirectly
affected entities. The regulatory mechanism through which critical
habitat protections are realized is section 7 of the Act, which
requires Federal agencies, in consultation with the Service, to ensure
that any action authorized, funded, or carried by the agency is not
likely to adversely modify critical habitat. Therefore, only Federal
action agencies are directly subject to the specific regulatory
requirement (avoiding destruction and adverse modification) imposed by
critical habitat designation. Under these circumstances, it is our
position that only Federal action agencies would be directly regulated
by this designation. Therefore, because Federal agencies are not small
entities, the Service certifies that the proposed critical habitat rule
will not have a significant economic impact on a substantial number of
small entities.
In conclusion, based on our interpretation of directly regulated
entities under the RFA and relevant case law, this designation of
critical habitat will only directly regulate Federal agencies, which
are not by definition small business entities. As such, we certify
that, if promulgated, this designation of critical habitat will not
have a significant economic impact on a substantial number of small
business entities. Therefore, an initial regulatory flexibility
analysis is not required.

Energy Supply, Distribution, or Use--Executive Order 13211

Executive Order 13211 (Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use) requires
agencies to prepare Statements of Energy Effects when undertaking
certain actions. Within one of the units, vegetation maintenance will
occur along the edges of an existing road that remains accessible for
power line maintenance. We do not anticipate any effects to critical
habitat from this activity. Therefore, we do not expect the designation
of this proposed critical habitat to significantly affect energy
supplies, distribution, or use. Thus, this action is not a significant
energy action, and no Statement of Energy Effects is required. However,
we will further evaluate this issue as we conduct our economic
analysis, and review and revise this assessment as warranted.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.), we make the following findings:
(1) This proposed rule would not produce a Federal mandate. In
general, a Federal mandate is a provision in legislation, statute, or
regulation that would impose an enforceable duty upon State, local, or
tribal governments, or the private sector, and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal
intergovernmental mandate'' includes a regulation that ``would impose
an enforceable duty upon State, local, or tribal governments'' with two
exceptions. It excludes ``a condition of Federal assistance.'' It also
excludes ``a duty arising from participation in a voluntary Federal
program,'' unless the regulation ``relates to a then-existing Federal
program under which $500,000,000 or more is provided annually to State,
local, and tribal governments under entitlement authority,'' if the
provision would ``increase the stringency of conditions of assistance''
or ``place caps upon, or otherwise decrease, the Federal Government's
responsibility to provide funding,'' and the State, local, or tribal
governments ``lack authority'' to adjust accordingly. At the time of
enactment, these entitlement programs were: Medicaid; Aid to Families
with Dependent Children work programs; Child Nutrition; Food Stamps;
Social Services Block Grants; Vocational Rehabilitation State Grants;
Foster Care, Adoption Assistance, and Independent

[[Page 62546]]

Living; Family Support Welfare Services; and Child Support Enforcement.
``Federal private sector mandate'' includes a regulation that ``would
impose an enforceable duty upon the private sector, except (i) a
condition of Federal assistance or (ii) a duty arising from
participation in a voluntary Federal program.''
The designation of critical habitat does not impose a legally
binding duty on non-Federal Government entities or private parties.
Under the Act, the only regulatory effect is that Federal agencies must
ensure that their actions do not destroy or adversely modify critical
habitat under section 7. While non-Federal entities that receive
Federal funding, assistance, or permits, or that otherwise require
approval or authorization from a Federal agency for an action, may be
indirectly impacted by the designation of critical habitat, the legally
binding duty to avoid destruction or adverse modification of critical
habitat rests squarely on the Federal agency. Furthermore, to the
extent that non-Federal entities are indirectly impacted because they
receive Federal assistance or participate in a voluntary Federal aid
program, the Unfunded Mandates Reform Act would not apply, nor would
critical habitat shift the costs of the large entitlement programs
listed above onto State governments.
(2) We lack the available economic information to determine if a
Small Government Agency Plan is required. Therefore, we defer this
finding until completion of the draft economic analysis is prepared
under section 4(b)(2) of the Act.

Takings--Executive Order 12630

In accordance with Executive Order 12630 (Government Actions and
Interference with Constitutionally Protected Private Property Rights),
we will analyze the potential takings implications of designating
critical habitat for Agave eggersiana, Gonocalyx concolor, and Varronia
rupicola in a takings implications assessment. The draft economic
analysis will provide the foundation for us to use in preparing a
takings implication assessment. Critical habitat designation does not
affect landowner actions that do not require Federal funding or
permits, nor does it preclude development of habitat conservation
programs or issuance of incidental take permits to permit actions that
do require Federal funding or permits to go forward.

Federalism--Executive Order 13132

In accordance with Executive Order 13132 (Federalism), this
proposed rule does not have significant Federalism effects. A
federalism impact summary statement is not required. In keeping with
Department of the Interior and Department of Commerce policy, we
requested information from, and coordinated development of, this
proposed critical habitat designation with appropriate State resource
agencies in St. Croix, USVI, and Puerto Rico. The designation of
critical habitat in areas currently occupied by the Agave eggersiana,
Gonocalyx concolor, and Varronia rupicola imposes no additional
restrictions to those currently in place and, therefore, has little
incremental impact on State and local governments and their activities.
The designation may have some benefit to these governments because the
areas that contain the physical or biological features essential to the
conservation of the species are more clearly defined, and the elements
of the features of the habitat necessary to the conservation of the
species are specifically identified. This information does not alter
where and what federally sponsored activities may occur. However, it
may assist local governments in long-range planning (rather than having
them wait for case-by-case section 7 consultations to occur).
Where State and local governments require approval or authorization
from a Federal agency for actions that may affect critical habitat,
consultation under section 7(a)(2) would be required. While non-Federal
entities that receive Federal funding, assistance, or permits, or that
otherwise require approval or authorization from a Federal agency for
an action, may be indirectly impacted by the designation of critical
habitat, the legally binding duty to avoid destruction or adverse
modification of critical habitat rests squarely on the Federal agency.

Civil Justice Reform--Executive Order 12988

In accordance with Executive Order 12988 (Civil Justice Reform),
the Office of the Solicitor has determined that this rule does not
unduly burden the judicial system and that it meets the requirements of
sections 3(a) and 3(b)(2) of the Order. We are proposing to designate
critical habitat in accordance with the provisions of the Act. To
assist the public in understanding the habitat needs of the species,
the rule identifies the elements of physical or biological features
essential to the conservation of the species. The areas of proposed
critical habitat are presented on maps, and the rule provides several
options for the interested public to obtain more detailed location
information, if desired.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

This rule does not contain any new collections of information that
require approval by OMB under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). This rule will not impose recordkeeping or
reporting requirements on State or local governments, individuals,
businesses, or organizations. An agency may not conduct or sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

It is our position that, outside the jurisdiction of the U.S. Court
of Appeals for the Tenth Circuit, we do not need to prepare
environmental analyses pursuant to the National Environmental Policy
Act in connection with designating critical habitat under the
Endangered Species Act. We published a notice outlining our reasons for
this determination in the Federal Register on October 25, 1983 (48 FR
49244). This position was upheld by the U.S. Court of Appeals for the
Ninth Circuit (Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995),
cert. denied 516 U.S. 1042 (1996)).

Government-to-Government Relationship With Tribes

In accordance with the President's memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951), Executive Order 13175 (Consultation and
Coordination with Indian Tribal Governments), and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities, and the Endangered Species Act),
we readily acknowledge our responsibilities to work directly with
tribes in developing programs for healthy ecosystems, to acknowledge
that tribal lands are not subject to the same controls as Federal
public lands, to remain sensitive to Indian culture, and to make
information available to tribes.
As discussed above, there are no tribal lands in Puerto Rico or St.
Croix, USVI.

Clarity of the Rule

We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1,

[[Page 62547]]

1998, to write all rules in plain language. This means that each rule
we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that are unclearly written, which sections or sentences
are too long, the sections where you feel lists or tables would be
useful, etc.

References Cited

A complete list of references cited in this rulemaking is available
on the Internet at http://www.regulations.gov under Docket No. FWS-R4-
ES-2013-0040 and upon request from the Caribbean Ecological Services
Field Office (see FOR FURTHER INFORMATION CONTACT).

Authors

The primary authors of this proposed rule are the staff members of
the Caribbean Ecological Services Field Office.

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--[AMENDED]

0
1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245, unless
otherwise noted.

0
2. In Sec. 17.96, amend paragraph (a) as follows:
0
a. By adding entries for Family Agavaceae, Family Boraginaceae, and
Family Ericaceae, in alphabetical order;
0
b. By adding an entry for Agave eggersiana in alphabetical order under
Family Agavaceae;
0
c. By adding an entry for Gonocalyx concolor in alphabetical order
under Family Ericaceae; and
0
d. By adding an entry for Varronia rupicola in alphabetical order under
Family Boraginaceae.
The additions read as follows:

Sec. 17.96 Critical habitat--plants.

(a) Flowering plants.
Family Agavaceae: Agave eggersiana
(1) Critical habitat units are depicted for St. Croix, USVI, on the
maps in this entry.
(2) Within these areas, the primary constituent elements of the
physical or biological features essential to the conservation of Agave
eggersiana consist of these components:
(i) Areas consisting of coastal cliffs and dry coastal shrublands.
(A) Coastal cliff habitat includes:
(1) Bare rock; and
(2) Sparse vegetation.
(B) Dry coastal shrubland habitat includes:
(1) Dry forest structure; and
(2) A plant community of predominately native vegetation.
(ii) Well-drained soils from the series Cramer, Glynn, Hasselberg,
Southgate, and Victory.
(iii) Habitat of sufficient area to sustain viable populations in
the coastal cliffs and dry coastal shrublands described in paragraphs
(2)(i)(A) and (2)(i)(B) of this entry.
(3) Critical habitat does not include manmade structures (such as
bridges, docks, aqueducts, and paved areas) and the land on which they
are located existing within the legal boundaries on the effective date
of this rule.
(4) Critical habitat map units. Data layers defining map units were
created on a base of an aerial image (USCOE) and USFS-IITF Landcover
GAP raster. Critical habitat units were then mapped using Universal
Transverse Mercator (UTM) North American Datum (NAD) 1983 Zone 20 N
coordinates. The maps in this entry, as modified by any accompanying
regulatory text, establish the boundaries of the critical habitat
designation. The coordinates or plot points or both on which each map
is based are available to the public at the Service's Internet site at
http://www.fws.gov/caribbean/es, at http://www.regulations.gov at
Docket No. FWS-R4-ES-2013-0040, and at the field office responsible for
this designation. You may obtain field office location information by
contacting one of the Service regional offices, the addresses of which
are listed at 50 CFR 2.2.
(5) Index map of critical habitat units for Agave eggersiana
follows:
BILLING CODE 4310-55-P

[[Page 62548]]

[GRAPHIC] [TIFF OMITTED] TP22OC13.000

[[Page 62549]]

(6) Unit 1: Cane Garden, Estate Canegarden and Estate Peters
Mindle, Christiansted, St. Croix, USVI. Map of Unit 1 follows:
[GRAPHIC] [TIFF OMITTED] TP22OC13.001

[[Page 62550]]

(7) Unit 2: Manchenil, Estate Granard, Christiansted, St. Croix,
USVI. Map of Unit 2 follows:
[GRAPHIC] [TIFF OMITTED] TP22OC13.002

[[Page 62551]]

(8) Unit 3: Great Pond, Estate Great Pond, Christiansted, St.
Croix, USVI. Map of Unit 3 follows:
[GRAPHIC] [TIFF OMITTED] TP22OC13.003

[[Page 62552]]

(9) Unit 4: Protestant Cay, Protestant Cay, St. Croix, USVI. Map of
Unit 4 follows:
[GRAPHIC] [TIFF OMITTED] TP22OC13.004

[[Page 62553]]

(10) Unit 5: East End South, Estate Jack's Bay and Estate Issac's
Bay, Christiansted, St. Croix, USVI. Map of Units 5 and 6 follows:
[GRAPHIC] [TIFF OMITTED] TP22OC13.005

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

[[Page 62554]]

(ii) Semi-deciduous dry forest on limestone substrate within the
subtropical dry forest life zone. Dry limestone semi-deciduous forest
includes:
(A) Low forest with canopy from 8 to 15 ft (3 to 5 m) high;
(B) Limestone pavement;
(C) Associated dry forest native vegetation; and
(D) A shrub layer dominated by Croton humilis, Eupatorium sinuatum,
Lantana reticulata, and Turnera diffusa.
(iii) The type locations described paragraphs (2)(i) and (2)(ii) of
this entry for this species should have shallow and alkaline soils
derived from limestone rock and an average rainfall of 34 in (86 cm).
(3) Critical habitat does not include manmade structures (such as
houses, bridges, aqueducts, and paved areas) and the land on which they
are located existing within the legal boundaries on the effective date
of this rule.
(4) Critical habitat map units. Data layers defining map units were
created on a base of an aerial image (ESRI image Basemap) and USFS-IITF
Landcover GAP raster. Critical habitat units were then mapped using the
Geographic Coordinate System-World Geodetic System (WGS) 1984 datum.
The maps in this entry, as modified by any accompanying regulatory
text, establish the boundaries of the critical habitat designation. The
coordinates or plot points or both on which each map is based are
available to the public at the Service's Internet site, http://www.fws.gov/caribbean/es, at http://www.regulations.gov at Docket No.
FWS-R4-ES-2013-0040, and at the field office responsible for this
designation. You may obtain field office location information by
contacting one of the Service regional offices, the addresses of which
are listed at 50 CFR 2.2.
(5) Index map of critical habitat units for Varronia rupicola
follows:
[GRAPHIC] [TIFF OMITTED] TP22OC13.006

[[Page 62555]]

(6) Unit 1: Montalva, municipality of Gu[aacute]nica, Puerto Rico.
Map of Units 1, 2, 3, and 4 follows:
[GRAPHIC] [TIFF OMITTED] TP22OC13.007

[[Page 62556]]

(7) Unit 2: Gu[aacute]nica Commonwealth Forest, municipalities of
Gu[aacute]nica and Yauco, Puerto Rico. Map of Unit 2 is provided at
paragraph (6) of this entry.
(8) Unit 3: Montes de Barina, municipalities of Yauco and
Guayanilla, Puerto Rico. Map of Unit 3 is provided at paragraph (6) of
this entry.
(9) Unit 4: Pe[ntilde]on de Ponce, municipalities of
Pe[ntilde]uelas and Ponce, Puerto Rico. Map of Unit 4 is provided at
paragraph (6) of this entry.
(10) Unit 5: Punta Negra, municipality of Vieques, Puerto Rico. Map
of Units 5, 6, and 7 follows:
[GRAPHIC] [TIFF OMITTED] TP22OC13.008

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

[[Page 62557]]

based are available to the public at the Service's Internet site at
http://www.fws.gov/caribbean/es, at http://www.regulations.gov at
Docket No. FWS-R4-ES-2013-0040, and at the field office responsible for
this designation. You may obtain field office location information by
contacting one of the Service regional offices, the addresses of which
are listed at 50 CFR 2.2.
(5) Index map of critical habitat units for Gonocalyx concolor
follows:
[GRAPHIC] [TIFF OMITTED] TP22OC13.009

[[Page 62558]]

(6) Unit 1: Cerro La Santa, Carite Commonwealth Forest, Puerto
Rico. Map of Unit 1 follows:
[GRAPHIC] [TIFF OMITTED] TP22OC13.010

[[Page 62559]]

(7) Unit 2: Charco Azul, Carite Commonwealth Forest, Puerto Rico.
Map of Unit 2 follows:
[GRAPHIC] [TIFF OMITTED] TP22OC13.011

[[Page 62560]]

* * * * *

Dated: September 9, 2013.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish Wildlife and Parks.
[FR Doc. 2013-24169 Filed 10-3-13; 8:45 am]
BILLING CODE 4310-55-C