[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Rules and Regulations]
[Pages 53303-53315]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21231]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2013-0103; 4500030113]
RIN 1018-AZ10
Endangered and Threatened Wildlife and Plants; Endangered Species
Status for Agave eggersiana and Gonocalyx concolor, and Threatened
Species Status for Varronia rupicola
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine
endangered species status under the Endangered Species Act of 1973, as
amended (Act), for Agave eggersiana (no common name) and Gonocalyx
concolor (no common name), and threatened species status for Varronia
rupicola (no common name). These three plants are endemic to the
Caribbean. The effect of this regulation will be to add these species
to the List of Endangered and Threatened Plants.
DATES: This rule is effective October 9, 2014.
ADDRESSES: This final rule is available on the Internet at http://www.regulations.gov and http://www.fws.gov/caribbean/es. Comments and
materials we received, as well as supporting documentation we used in
preparing this rule, are available for public inspection at http://www.regulations.gov. All of the comments, materials, and documentation
that we considered in this rulemaking are available by appointment,
during normal business hours at: 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; telephone 787-851-7297.
[[Page 53304]]
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; telephone 787-851-7297; or 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, a species may warrant
protection through listing if it is endangered or threatened throughout
all or a significant portion of its range. Listing a species as an
endangered or threatened species can only be completed by issuing a
rule.
This rule lists Agave eggersiana (no common name) and Gonocalyx
concolor (no common name) as endangered species, and Varronia rupicola
(no common name) as a threatened species under the Act. Elsewhere in
today's Federal Register, we designate critical habitat for Agave
eggersiana, Gonocalynx concolor, and Varronia rupicola under the Act.
The basis for our action. Under the Act, we may determine that a
species is an endangered or threatened species based on any of five
factors: (A) The present or threatened destruction, modification, or
curtailment of its habitat or range; (B) overutilization for
commercial, recreational, scientific, or educational purposes; (C)
disease or predation; (D) the inadequacy of existing regulatory
mechanisms; or (E) other natural or manmade factors affecting its
continued existence. We have determined that listing is warranted for
these species, which are currently at risk throughout all of their
respective ranges due to threats related to:
Agave eggersiana--potential future development for
residential, urban, and tourist use; agriculture use; dropping of
debris; competing nonnative plants; fires; hurricanes; predation; and
disease cause by insects (weevils).
Goncalyx concolor--installation or expansion of
telecommunication towers, road improvement, vegetation management, and
small number of individuals and populations.
Varronia rupicola--loss of habitat due to urban
development, right-of-way development and maintenance, deforestation,
and hurricanes; and inadequate existing regulatory mechanisms (lack of
enforcement).
Peer review and public comment. We sought comments from independent
specialists to ensure that our determination is based on scientifically
sound data, assumptions, and analyses. We invited these peer reviewers
to comment on our listing proposal. We also considered all other
comments and information we received during the comment period.
Previous Federal Action
Please refer to the proposed listing rule for Agave eggersiana,
Gonocalyx concolor, and Varronia rupicola (78 FR 62560; October 22,
2013) for a detailed description of previous Federal actions concerning
this species.
Summary of Comments and Recommendations
In the proposed rule published on October 22, 2013 (78 FR 62560),
we requested that all interested parties submit written comments on the
proposal by December 23, 2013. We also contacted appropriate Federal
and State agencies, scientific experts and organizations, and other
interested parties and invited them to comment on the proposal.
Newspaper notices inviting general public comment were published in the
Virgin Islands Daily News and Primera Hora. All substantive information
provided during comment periods has either been incorporated directly
into this final determination or is addressed below.
Peer Reviewer Comments
In accordance with our peer review policy published on July 1, 1994
(59 FR 34270), we solicited expert opinion from nine knowledgeable
individuals with scientific expertise that included familiarity with
Agave eggersiana, Gonocalyx concolor, and Varronia rupicola and their
habitats, biological needs, and threats. We received responses from one
peer reviewer.
We reviewed all comments received for substantive issues and new
information regarding the listing of Agave eggersiana, Gonocalyx
concolor, and Varronia rupicola. The peer reviewer generally concurred
with our conclusions in the proposed rule.
Public Comments
During the public comment period, we received one comment letter
that addressed the proposed listing and the proposed critical habitat
designation. We did not receive any requests for a public hearing.
Comments pertaining to the critical habitat designation are addressed
in that final rule, which is published elsewhere in today's Federal
Register. The letter received regarding the proposed listing supports
the listing and provided suggestions to improve the final rule.
Comment on Climate Change and Our Response
Specifically, the one substantive comment on the listing proposal
we received stated that we should analyze climate change threats
through the year 2100 at minimum. We do not have information to analyze
the impacts of climate change through the year 2100. We evaluated
climate change with the best scientific and commercial information
available. At the moment, there are no specific studies discussing the
projected impacts on any of these three species or their habitats. We
discuss how changes caused by climate change may impact the three
Caribbean plants in our threat assessment (October 22, 2013; 78 FR
62560) and we examine the potential consequences to these species and
their habitats that rise from changes in environmental conditions
associated with various aspects of climate change (i.e., intensity of
hurricanes and tropical storms, followed by extended period of
drought), and how, in combination with other factors, climate change
can increase the impacts on the species. As additional information
becomes available, we will continue to address this threat, and develop
actions to minimize the impact of climate change during the development
of the recovery plan for the three Caribbean plants.
Summary of Changes From Proposed Rule
In this final rule, we made no substantive changes to the proposed
rule.
Background
Agave eggersiana
Agave eggersiana is a flowering plant of the family Agavaceae
(century plant family) endemic to the island of St. Croix in the U.S.
Virgin Islands (USVI). It is currently known from coastal cliffs with
sparse vegetation and dry coastal shrubland vegetation communities
within the subtropical dry forest life zone of St. Croix, USVI (Ewel
and Whitmore 1973, p. 72). The coastal cliffs where Agave eggersiana
occurs are dominated by rocky formations and areas with less than 10
percent vegetative cover. These coastal cliffs are exposed to extremes
of wind, salt spray, and low moisture, and they are usually sparsely
vegetated with a canopy less than 3.3 feet (ft) (1 meter (m)) in height
(Gibney et al. 2000, p. 7; Moser et al. 2010, Appendix A-11). It is
distinguished from other members of
[[Page 53305]]
the Agavaceae family by its acaulescent (without an evident leafy
stem), non-suckering growth habit (vegetative reproduction that does
not form offshoots around its base), and its fleshy, nearly straight
leaves with small marginal prickles of 0.04 inches (in) (0.1
centimeters (cm)) long that are nearly straight (Britton and Wilson
1923, p. 156; Proctor and Acevedo-Rodr[iacute]guez 2005, p. 118). Its
flowers are deep yellow and 2.0 to 2.34 in (5 to 6 cm) long. After
flowering, the panicles (inflorescence) produce numerous small
vegetative bulbs (bulbils), from which the species can be propagated
(Proctor and Acevedo-Rodr[iacute]guez 2005, p. 118). Agave eggersiana
is not known to produce fruit, and like other Agave species, is
monocarpic, meaning the plant dies after producing the spike or
inflorescence. Furthermore, based on observations of cultivated plants,
A. eggersiana requires at least 10 to 15 years to develop as a mature
individual and to produce an inflorescence (David Hamada, St. George
Village Botanical Garden, pers. comm., 2010).
Gonocalyx concolor
Gonocalyx concolor was described in 1970, as a new species of the
genus Gonocalyx, family Ericaceae, for Puerto Rico (Nevling 1970, p.
221). G. concolor is similar to G. portoricensis, differences in
distribution and flower morphology indicate that they are well-
differentiated species (Nevling 1970, p. 224). G. concolor is a small
evergreen shrub, mainly epiphytic (grows on the trunks of trees) or
clambering (uses other vegetation as support), which may reach 15 ft
(4.7 m) in length (Acevedo 2005, p. 227). It has been described as
endemic from the elfin forest type at Cerro La Santa and from the
ausubo (Manilkara bidentata) forest type at Charco Azul, both within
the lower montane (an altitudinal zone in mountainous region
characterized by distinctive flora and forest structure) very wet
forest life zone in the Carite Commonwealth Forest (Ewel and Whitmore
1973, p. 41).
Varronia rupicola
Varronia rupicola was traditionally lumped into the genus Cordia.
It has been identified in southwestern Puerto Rico, Vieques Island, and
Anegada Island. It occurs on sites that lie within the subtropical dry
forest life zone overlying a limestone substrate (Ewel and Whitmore
1973, p. 72). Varronia rupicola is a large shrub reaching up to 16 ft
(5 m) in height. The alternate leaves are ovate to elliptic, 0.8 to 3.5
inches (in) (2 to 9 centimeters (cm)) long with an acute apex, rounded
to obtuse at the base, and chartaceous (papery).
Please refer to the proposed listing rule for Agave eggersiana,
Gonocalyx concolor, and Varronia rupicola (October 22, 2013; 78 FR
62560) for the complete background information of the species.
Summary of Biological Status and Threats
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations at 50 CFR part 424 set forth the procedures for adding
species to the Federal Lists of Endangered and Threatened Wildlife and
Plants. Under section 4(a)(1) of the Act, we may list a species based
on any of the following five factors: (A) The present or threatened
destruction, modification, or curtailment of its habitat or range; (B)
overutilization for commercial, recreational, scientific, or
educational purposes; (C) disease or predation; (D) the inadequacy of
existing regulatory mechanisms; and (E) other natural or manmade
factors affecting its continued existence. Listing may be warranted
based on any of the above threat factors, singly or in combination.
Please refer to the five-factor analysis in the proposed rule under
Summary of Factors Affecting the Species for a more detailed discussion
for each species' status assessment (October 22, 2013; 78 FR 62560).
Our assessment evaluated the biological status of the species and
threats affecting its continued existence. The assessment was based
upon the best available scientific and commercial information. A
summary of these factors follows.
Summary of Factor A: The Present or Threatened Destruction,
Modification, or Curtailment of Its Habitat or Range
Agave eggersiana
The Agave eggersiana population found in Great Pond is the only one
located in a conservation area. The remaining populations occur within
privately owned lands and are threatened by development, or are growing
in areas that are already developed and managed as tourism and
residential projects and that will not support the continued existence
of the plants. Based on information reported by the University of the
Virgin Islands' Conservation Data Center (USVI-CLWUP 2004), at least
three of the populations (i.e., Protestant Cay, Gallows Bay, and
Manchenil Bay) lie within areas identified by the Department of
Planning and Natural Resources (DPNR) as high-density land use areas,
and thus have a higher susceptibility to development in the near
future. The coastal areas that harbor suitable habitat for the species
are currently subject to urban and tourist development (O. Monsegur and
M. Vargas, Service, pers. obs., 2010 and 2013). At least two proposed
development projects have been identified within suitable habitat for
the species (i.e., C&R Robin, LLC, and Seven Hills Beach Resort and
Casino) (Weiss, CBD, pers. comm., 2010). Current information regarding
the status of these development projects is not available to the
Service.
The population at Protestant Cay has been affected by construction
and management activities associated with the current use of the area,
i.e., the disposal of garden debris from a hotel in the species' known
habitat (O. Monsegur and M. Vargas, Service, pers. obs., 2010). As
Agave eggersiana relies on asexual reproduction, the species depends on
the bulbils becoming established. Covering the bulbils with debris may
result in subsequent mortality of the bulbils and lack of natural
recruitment, thus affecting the long-term survival of this population.
Moreover, individuals located on the edges of the population are pruned
as part of the gardens' maintenance. This practice may result in
mortality or mutilation of individuals because the species is
monopodial (single growth axis). The population at Protestant Cay is
also threatened by competition with nonnative plant species. In this
case, habitat modifications from urban development (e.g., road) and
garden maintenance have created conditions for the establishment of
invasive, nonnative species. Also, the undeveloped habitat on the cay
is being rapidly colonized by nonnative species (see Factor E
discussion, below). A. eggersiana plants also seem to be stressed by
competition with nonnative plants.
Another modification of habitat in the area was a sand ramp
constructed in 2011, on the northeast side of the cay (T. Cummins and
W. Coles, DPNR, pers comm., 2011; R. Platenberg and T. Cummins, DPNR,
pers. comm., 2012; Zegarra, Service, pers. comm., 2012). It was
documented that at least five individuals of Agave eggersiana were
crushed or otherwise impacted by the excavation work (R. Platenberg and
T. Cummins, DPNR, pers. comm., 2012).
The individuals located at Gallows Bay are within a developed
residential complex that has the potential for future expansion, and
thus may affect Agave eggersiana (O. Monsegur and M. Vargas, Service,
pers. obs., 2010 and 2013). Moreover, the Gallows Bay area does not
contain additional habitat to allow
[[Page 53306]]
for population expansion. Remaining forested areas surrounding this
location are characterized by an abundance of nonnative species. The
small pockets that could be colonized by bulbils are occupied by
Sansevieria cylindrica (African spear), a nonnative plant species that
tends to form a complete cover of the understory (see Factor E
discussion, below).
The area from Cane Garden Bay to Manchenil Bay on the south coast
of St. Croix harbors four of the known natural populations of Agave
eggersiana (Manchenil Bay, Vagthus Point, Cane Garden, and South
Shore). According to DPNR personnel (Valiulis, pers. comm., 2010),
these areas are advertised by realtors for tourism and residential
development. Furthermore, the areas along the south coast that have not
been developed are used for cattle or hay production, minimizing the
recovery of native vegetation and, therefore, the habitat for A.
eggersiana (O. Monsegur and M. Vargas, Service, pers. obs., 2010 and
2013). The development of tourist and residential projects in these
coastal areas may result in the extirpation of some populations or, at
the least, will reduce the chances of the populations to expand or to
colonize other areas. The effects of development projects are
exacerbated by the low potential for natural recruitment due to the
small number of populations and individuals.
The population of Great Pond is located between the entrance road
of the East End Marine Park office and a private property currently
advertised for sale. The population seems to be healthy based on the
presence of different size plants and evidence of recent flowering
events. However, the area near the population is mowed, and the access
road limits the expansion of the population. Furthermore, the property
adjacent to the population is privately owned and currently for sale
(O. Monsegur and M. Vargas, Service, pers. obs., 2010 and 2013). The
possible use of the area for additional residential or tourist
development may affect the Agave eggersiana population. Owners will
likely manage their properties as landscapes, which could lead to land
clearing, additional mowing, other maintenance activities, and the
introduction of nonnative plants. Moreover, the abundance of grasslands
and the dominance of the nonnative plant Megathyrsus maximus (guinea
grass) make the population of A. eggersiana susceptible to human-
induced fires (addressed under Factor E, below).
The threats of possible construction and developments, and the
current management of the habitat of the populations, may further limit
the species. Direct consequences can be expected as impacting (harming)
the individuals (e.g., cutting or mowing), while indirect consequences
can be expected to create a habitat disturbance where nonnative plants
can overpower Agave eggersiana. Currently, there are ongoing impacts on
various populations that are expected to continue into the future.
Gonocalyx concolor
Habitat destruction and modification have been identified by
species expert as the main threat to Gonocalyx concolor (Proctor 1992,
p. 3; O. Monsegur, UPRM, unpubl. data, 2006; C. Pacheco and O.
Monsegur, Service, unpubl. report, 2013, p. 3). In 1974, the
Commonwealth of Puerto Rico granted special use permits for the
construction of telecommunications facilities, and governmental and
recreational facilities, within G. concolor habitat, affecting
approximately 107 ac (43.5 ha) of lower montane very wet forest
(Silander et al. 1986, p. 178). Currently known populations of G.
concolor at Cerro La Santa are found in remnants of elfin forest
vegetation located adjacent (less than 246 ft (75 m)) from
telecommunication facilities, and at the edges (less than 9.8 ft (3 m))
of the road that provide access to the telecommunication facilities (C.
Pacheco and O. Monsegur, Service, unpubl. report, 2013, p. 3). Below we
discuss the three factors that may affect the current habitat or range
of G. concolor: (1) Installation of telecommunication towers; (2) road
improvement; and (3) vegetation management.
Land-use history of Cerro La Santa has shown that installation of
telecommunication facilities for television, radio, and cellular
communication, and for military and governmental purposes, has
adversely impacted Gonocalyx concolor's habitat (Silander et al., 1986,
p. 178) and, although not documented, presumably has directly affected
individuals of the species. George Proctor (1992, p. 3) stated that the
construction of a paved road and gigantic telecommunication towers on
the summit ridge of Cerro La Santa destroyed much of the natural
population of this species. Currently, the telecommunication tower and
its associated facilities (i.e., access roads, security fences, guy
wires) occupy approximately 6.1 acres (ac) (2.5 hectares (ha)) of the
elfin forest in Cerro La Santa; this is habitat that G. concolor may
have occupied in the past (C. Pacheco and O. Monsegur, Service, unpubl.
report, 2013, p. 3). Although the populations at Cerro La Santa are
located within a Commonwealth forest, this area is subjected to
development for expansion of telecommunication infrastructure because
permits to build new communication facilities or expand currently
existing ones within or near Commonwealth forests are prevalent (DNER
2004a, p. 2). Expansion of the existing telecommunication facilities
may result in loss of 27 individuals of G. concolor and their habitat.
In Puerto Rico, towers for cellular communication, radio, television,
and military and governmental purposes have represented a threat to
those plant species that happen to occur only on mountaintops. The
proliferation of these antennas has increased with the advent of
cellular phone and related technologies. While the towers themselves
may not occupy a very large area, construction activities, access
roads, and other facilities have a much wider impact, resulting in the
elimination of potential habitat for the species.
For the above reasons, we determined that installation of
additional communications towers or expansion of the existing one at
Cerro La Santa is a threat to Gonocalyx concolor by direct mortality
and due to permanent loss, fragmentation, or alteration of its habitat.
Construction of a new access road and improvement of the existing
access road to the existing communication facilities have been
identified as a factor that could directly (destruction of individuals)
or indirectly (slope instability and habitat degradation) reduce the
number Gonocalyx concolor and its habitat at Cerro La Santa (Proctor
1992, p. 3; C. Pacheco and O. Monsegur, Service, unpubl. report, 2013,
p. 3). Further, expanding the road that provides access to the
telecommunication facilities may negatively affect the species' habitat
and could result in loss of 11 mature individuals of G. concolor (C.
Pacheco and O. Monsegur, Service, unpubl. report, 2013, p. 3).
Additionally, clearing the native vegetation along the road may
facilitate and accelerate colonization of invasive vegetation towards
G. concolor habitat (see Factor E discussion, below). Destruction or
modification of this kind of habitat may be irreversible. Therefore,
the microhabitat conditions necessary for the recovery of the species
may be lost if the habitat is modified for the expansion of the
existing telecommunications facilities or construction of new
communication facilities.
[[Page 53307]]
Vegetation management around the existing telecommunication towers
and associated facilities and along the existing power lines that
energize these facilities is a threat to Gonocalyx concolor and its
habitat (C. Pacheco and O. Monsegur, Service, unpubl. report, 2013, p.
3). Telecommunication companies periodically remove vegetation along
the access roads, around the security fences, and under the guy wires
(tensors) that are anchored in the forest. Additionally, maintenance
staff of the Puerto Rico Energy and Power Authority (PREPA)
periodically trim and clear the vegetation under the existing power
lines that provide energy to the telecommunication facilities and
adjacent communities. Presently, the Puerto Rico Department of Natural
and Environmental Resources (DNER) is aware of the presence of G.
concolor and the need to implement conservation measures for the
species in Cerro La Santa. The existing telecommunication facilities
and PREPA usually have a restricted perimeter delimiting the area that
can be mowed and trimmed. However, maintenance activities outside of
the perimeter have been conducted without the coordination with the
forest manager, affecting the forest vegetation and G. concolor habitat
(Hecsor Serrano-Delgado, DNER, pers. comm., 2013; O. Monsegur, UPRM,
unpubl. report, 2006, p.1). In 2006, Omar Monsegur documented damages
to an individual of G. concolor caused by vegetation removal activities
outside of the fences (O. Monsegur, UPRM, unpubl. report, 2006, p. 1).
Additionally, clearing the native vegetation along the access roads,
around the telecommunication facilities, and under the power lines may
facilitate and accelerate colonization of invasive vegetation in G.
concolor habitat. See Factor E, below, for further discussion on
invasive species.
Even though the population dynamics of the species are poorly
known, we understand that the impacts discussed above could be
detrimental to the species as a whole. Clearing of vegetation may
result in direct impacts (cutting of individuals) or indirect impacts
(by opening forest gaps that can serve as corridors for invasive
species) to the species. Vegetation management and maintenance of
communication towers and facilities are a threat to Gonocalyx concolor
due to changes in microclimate (a local atmospheric zone where the
climate differs from the surrounding area) and plant species
composition. Also, vegetation management around the existing facilities
and along the access roads may be a direct and indirect threat to the
G. concolor because it may alter the habitat condition, allowing
invasive plants to colonize the area, and may result in direct physical
damage to the species.
The species' rarity and restricted distribution makes it vulnerable
to habitat destruction and modification. The scope of these factors is
exacerbated because the most significant portion of the known
population occurs adjacent to telecommunication facilities and at the
edge of the existing access road. The activities related to these
facilities are expected to continue into the future. Therefore, they
are likely to have significant impact on Gonocalyx concolor.
Varronia rupicola
The species' rarity and restricted distribution make it vulnerable
to habitat destruction and modification. About 50 percent of known
Varronia rupicola individuals in Puerto Rico occur on private lands
(i.e., Yauco, Pe[ntilde]uelas, and Ponce) in areas subject to urban
development. Moreover, the habitat at Pe[ntilde]uelas and Ponce may
remain underestimated in relation to the presence of the species as the
area has not been extensively explored. The habitat in the
municipalities of Pe[ntilde]uelas and Ponce has been severely
fragmented for urban development (i.e., housing projects, hotels,
jails, landfills, rock quarries, and Puerto Rico Highway Number 2 (PR
2)). The habitat has been further fragmented by the use of these
forested areas by PREPA as a right-of-way for power lines, and
additional habitat was impacted for a former proposed gas pipeline
(Gasoducto Sur). At least 1,200 ac (485 ha) of prime dry forest habitat
from Gu[aacute]nica to Ponce are currently proposed for urban and
industrial developments, which are evaluated by the Puerto Rico
planning board (http://www.jp.gobierno.pr). These include the areas
where the Ponce populations were located by Service staff. Future
projects may threaten these populations with fragmentation, and
possibly extirpate currently known individuals. Despite the species'
biology suggesting its ability to colonize disturbed areas, it is very
likely that once the habitat is fragmented, V. rupicola will be
outcompeted by nonnative plant species (see Factor E discussion).
In Pe[ntilde]uelas, the species is found in an area that is
currently under urban development. Breckon and Kolterman (1996)
reported a healthy population of Varronia rupicola in this area located
at El Pe[ntilde][oacute]n de Ponce (Municipality of Pe[ntilde]uelas),
which is part of a residential development called ``Urbanizaci[oacute]n
El Pe[ntilde][oacute]n.'' At this site, V. rupicola plants grows within
residential lots, and although the lots are large in size, current and
ongoing construction and deforestation (some lots have been completely
cleared for house construction) threaten this population. In 2007,
Monsegur and Breckon (2007, p. 6) reported that one individual plant
adjacent to ``Urbanizaci[oacute]n El Pe[ntilde]on'' was eliminated by
the improvement of PR 2. The authors reported that vegetation was
removed and the area was bulldozed, apparently as part of a project to
control run-off from the ravine.
In Yauco, the species occurs within private properties that may be
subject to urban development (http://www.jp.gobierno.pr). In fact,
urban development has encroached remnants of native dry forest areas,
resulting in the isolation or disjunction of populations of rare
plants, hence, reducing suitable habitat for the species. These areas
are also threatened by deforestation for agricultural practices such as
raising cattle, cattle grazing, and for the extraction of fence posts
(O. Monsegur, Service, pers. obs., 2005). The known population at Yauco
was observed at the edge of an existing dirt road. Therefore, any road
expansion may result in the extirpation of individuals, habitat
modification, and intrusion of nonnative plants.
In the Gu[aacute]nica Commonwealth Forest and the Vieques Island
National Wildlife Refuge (NWR), Varronia rupicola is found at the edge
of trails and roads, making the species prone to be affected by
management activities (e.g., widening of trails, road repairs).
Additionally, several individuals of V. rupicola are found underneath
power lines of PREPA at the Gu[aacute]nica Commonwealth Forest, where
they are threatened by maintenance activities such as cutting or the
use of herbicides. PREPA has the right to access the power lines for
maintenance and service in case of emergencies. Damage to individual
plants caused by maintenance activities has been observed in the past
(O. Monsegur, Service, pers. obs., 2009). This makes a significant part
of the Gu[aacute]nica populations prone to extirpation, despite the
existence of regulatory mechanisms (see Factor D discussion, below).
Furthermore, despite being a National Wildlife Refuge, the Vieques
site (Puerto Ferro) is considered as an active ammunition site due to
the previous use of Vieques Island as a bombing range by the U.S. Navy
(http://www.navfac.navy.mil/productsandservices/ev/
productsandservices/envrestoration/
installationmap/navfac
[[Page 53308]]
atlantic/vieques.html). Although there are no current plans to conduct
vegetation removal to investigate the ammunitions in Puerto Ferro (F.
Lopez, Service, pers. comm., 2013), the investigation process at
Vieques has proved to be dynamic and there is a possibility that
clearing of native vegetation will be required to conduct removal of
ammunitions in the future.
Varronia rupicola is also found in the western half of Anegada
Island, and the population appears to be healthy. However, despite
efforts to maintain biodiversity and promote conservation on Anegada,
V. rupicola, along with other rare plant species and their preferred
limestone habitat, faces threats of future habitat fragmentation,
habitat modification, and invasive species (Pollard and Clubbe 2003, p.
5; McGowan et al., 2006, p. 4). Anegada is under heavy pressure for
residential and tourism development (McGowan et al., 2006, p. 4),
resulting in improvement and construction of roads, which increase
habitat loss and fragmentation.
Degradation of habitat represents a threat to Varronia rupicola.
About half of the known populations of V. rupicola and its suitable
habitat are within privately owned land, which is being modified or is
proposed to be modified for urban development. In addition, habitat
fragmentation by clearing of vegetation, road construction, and right-
of-way maintenance (cutting plants and use of herbicides) can limit the
species' survivability where these activities create the conditions for
nonnative plants to outcompete V. rupicola. We expect that this threat
will continue and become more significant in the future.
Summary of Factor B: Overutilization for Commercial, Recreational,
Scientific, or Educational Purposes
Agave eggersiana is recognized as an ornamental plant, and is
locally distributed by botanical gardens (St. George Village Botanical
Garden) and the St. Croix Environmental Association to residents for
use in private gardens. Most cultivated populations are groomed, and
the residents do not allow natural recruitment. Therefore, we consider
collection to be a threat to the species, due to the few remaining
natural populations and the demand for these plants as ornamentals.
Over-collection from natural populations may compromise the natural
recruitment and the recovery of Agave eggersiana.
We do not believe that over-collection is a threat to Gonocalyx
concolor or Varronia rupicola.
Summary of Factor C: Disease or Predation
The genus Agave is widely affected by the agave snout weevil
(Scyphophorus acupunctatus). This weevil has a wide distribution that
includes the Greater Antilles (i.e., Cuba, Jamaica, Hispaniola, and
Puerto Rico) (Vaurie 1971, p. 4; Setliff and Anderson 2011, p. 1). The
larvae of this weevil feed on the starchy base of the plant, increasing
the risk of infestation by pathogens such as a virus or fungus, later
resulting in the death of the plant (Vaurie 1971, p. 4). At this time,
there is no information about the occurrence of the agave snout weevil
within St. Croix. However, it has been documented to be found on
adjacent islands such as St. Thomas and Water Island.
We do not have evidence of the agave snout weevil's presence on St.
Croix, nor specifically on Agave eggersiana. However, given the
abundance of potential weevil carrying vectors (such as nonnative
agaves transplanted from other islands in local gardens), we consider
that the weevil's arrival to this island to be likely. The agave snout
weevil's presence on nearby islands is a concern, especially where
there is constant traffic (commuting) among islands with local and
international trade. This could potentially increase the risk of this
weevil to arrive and infest the island at any time. Moreover, the
island of St. Croix harbors other types of Agave, which could
potentially become stepping stones for the weevil to spread and infest
the few and limited populations of A. eggersiana.
Scar tissue has been observed on some individuals of Agave
eggersiana, but there is no direct evidence that the severity of this
stressor has affected the species as a whole. However, disease caused
by the agave snout weevil could potentially affect A. eggersiana at a
population level if it was located on St. Croix. Thus, based on our
analysis of the best available scientific and commercial available
data, we find that disease may become a significant threat to the
overall status of A. eggersiana by affecting the long-term survival of
the species.
We have no information indicating that disease or predation is a
current threat to Gonocalyx concolor or Varronia rupicola.
Summary of Factor D: The Inadequacy of Existing Regulatory Mechanisms
The Territory of the U.S. Virgin Islands currently considers Agave
eggersiana as endangered under the Virgin Islands Indigenous and
Endangered Species Act (Law No. 5665) (V.I. Code, Title 12, Chapter 2).
This law, signed in 1990, amended an existing regulation (Bill No. 18-
0403) to provide for the protection of endangered and threatened
wildlife and plants by prohibiting the take, injury, or possession of
indigenous plants. As we mentioned above, A. eggersiana is currently
being used for private landscaping on St. Croix. At present, we do not
have information about the sources of the individuals used for such
purposes. However, we are concerned about the removal of individuals
from natural populations for landscaping. Based on the number of
individuals currently used for private gardens and the landscape
practices in private areas, such as pruning and mowing of populations,
we believe that protection provisions under local regulation may not be
appropriately enforced. Rothenberger et al. (2008, p. 68) indicated
that the lack of management and enforcement capacity continues to be a
significant challenge for the USVI, because enforcement agencies are
chronically understaffed, and territorial resource management offices
experience significant staff turnover, particularly during
administration changes.
One of the currently known populations of Varronia rupicola lies
within the Vieques NWR (Puerto Ferro population). Collecting and
managing plant material (including seeds) within a national wildlife
refuge are regulated, and require a permit from the refuge manager (FWS
Form 3-1383-R). The National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd-668ee, as amended by the National Wildlife
Refuge System Improvement Act of 1997) provides guidance for management
and public use of the refuge system.
In 1999, the Commonwealth of Puerto Rico approved Law No. 241, also
known as New Wildlife Law of Puerto Rico (``Nueva Ley de Vida Silvestre
de Puerto Rico''). The purpose of this law is to protect, conserve, and
enhance both native and migratory wildlife species, including plants;
declare all wildlife species within its jurisdiction as property of
Puerto Rico; and regulate permits, hunting activities, and nonnative
species, among others. However, as we mentioned above under the Factor
A discussion, despite this protection some individuals of Gonocalyx
concolor and Varronia rupicola have been pruned, and in some cases
eliminated, as result of unauthorized activities, such as vegetation
removal within the Commonwealth Forest (O. Monsegur, UPRM, unpubl.
report, 2006, p. 1) and within privately owned lands
[[Page 53309]]
(Monsegur and Breckon 2007, p. 6). Therefore, we believe that
protection provisions under Law No. 241 are not being adequately
enforced.
In 1998, the Commonwealth of Puerto Rico approved Commonwealth Law
No. 150, known as Puerto Rico Natural Heritage Law (Ley del Programa de
Patrimonio Natural de Puerto Rico). The purpose of Law No. 150 is to
create the DNER Natural Heritage Program. This program has the
responsibility to identify and designate as critical elements some
rare, endangered, or threatened species that should be considered for
conservation, because of their contribution to biodiversity and because
of their importance to the natural heritage (DNR 1988, p.1). Currently,
Gonocalyx concolor and Varronia rupicola are considered as critical
elements by the DNER Natural Heritage Program. Law No. 150 does not
provide penalties for actions that may adversely affect critical
elements; however, the law triggers other Commonwealth laws and
regulations, such as Law No. 133 and Regulation No. 6769 (see below),
that provide protection to critical elements.
The Carite and Gu[aacute]nica Commonwealth Forests are protected by
Law No. 133 (12 L.P.R.A. sec. 191), 1975, as amended, known as the
Puerto Rico Forest Law (``Ley de Bosques de Puerto Rico''), as amended
in 2000. Section 8(A) of Law No. 133 prohibits cutting, killing,
destroying, uprooting, extracting, or in any way damaging any tree or
vegetation within a Commonwealth forest without authorization of the
Secretary of the DNER. Although management plans for Commonwealth
forests include the protection and conservation of species classified
under DNER regulations as critical element, endangered, or threatened,
on occasions the location of such species in the forests makes
enforcement of these regulations a difficult task. As previously
mentioned, Gonocalyx concolor and Varronia rupicola are located
adjacent to trails, near access roads, and below power lines, where
they are susceptible to maintenance practices. According to DNER forest
managers, on several occasions, coordination between forest personnel
and field staff from PREPA has not been effective to avoid damaging
species protected by Commonwealth laws, including V. rupicola and G.
concolor (M. Canals, DNER, pers. comm. 2008; H. Serrano-Delgado, DNER,
pers. comm. 2013).
In 2004, the Commonwealth of Puerto Rico adopted Regulation No.
6769, Regulation of Special Permits for the Use of Communications and
Buildings Associated to Electronic Systems of Communication within
Commonwealth Forests in Puerto Rico (``Reglamento de Permisos
Especiales para Uso de Comunicaciones y Edificaciones Asosiadas a
Sistemas Electr[oacute]nicos de comunicaci[oacute]n en los Bosques
Estatales''), which provides guidance for the installation and
maintenance of telecommunication facilities within Commonwealth forests
and for the protection of natural resources. Article 7(d) of this
regulation states that during installation, operation, and maintenance
of telecommunication facilities, conservation measures should be taken
to avoid or minimize impacts on species protected by DNER and Federal
agencies (DNER 2004a, p. 13). However, individuals of Gonocalyx
concolor have been affected by maintenance activities of existing
communication facilities, making implementation of this regulation a
challenging task (see discussion under Factor A, above, and Factor E,
below).
In 2004, DNER approved Regulation 6766 to regulate the management
of endangered and threatened species in the Commonwealth of Puerto Rico
(``Reglamento para Regir el Manejo de las Especies Vulnerables y en
Peligro de Extinci[oacute]n en el Estado Libre Asociado de Puerto
Rico''). Article 2.06 of Regulation 6766 prohibits collecting, cutting,
and removing, among other activities, listed plants within the
jurisdiction of Puerto Rico. Gonocalyx concolor and Varronia rupicola
are not included in the list of protected species under Regulation
6766. However, as indicated above, Law No. 241 provides protection to
all wildlife species (including plants) under Commonwealth
jurisdiction, even those on private lands.
On the island of Anegada, there are various conservation and
education efforts taking place for the protection of rare plant and
animal species (Wenger et al. 2010, p. 8). However, we are unaware of
any formal regulatory mechanism for protecting Varronia rupicola. On
November 3, 1999, a portion of western Anegada (2,646 ac (1,071 ha))
was designated as a Ramsar site and added to the List of Wetlands of
International Importance (Western Salt Ponds of Anegada). A portion of
the preferred limestone habitat of V. rupicola lies within this site,
which is owned by the British government. Although this designation
does not necessarily provide legal protection status, the purpose of
Ramsar sites is to ensure the perpetuation of ecological functions of
those sites by means of a wise-use approach.
In summary, Agave eggersiana, Gonocalyx concolor, and Varronia
rupicola and their habitats are partially protected by Federal,
Commonwealth, Territory, and local regulations. However, after
evaluating the information available on the implementation of the
existing laws, we determined those regulatory mechanisms do not provide
adequate protection to the species. In particular, the enforcement of
existing laws has not been effective, because harming or injuring
(mowing or pruning) Agave eggersiana has been reported. In addition,
the implementation and enforcement of measures to protect individuals
of V. rupicola located adjacent to existing trails and below power
lines within Commonwealth forests have not been effective. The same
problem has occurred with G. concolor during maintenance of
communication towers. Additionally, enforcement on private lands
continues to be a challenge, as accidental damage or extirpation of
individuals has occurred due to lack of knowledge of the species by
private landowners.
Summary of Factor E: Other Natural or Manmade Factors Affecting Their
Continued Existence
Invasive Species
Invasive plant species can affect native ecosystems at three
levels: the genetic level, where the number of individuals of native
species can be reduced below the minimum necessary for persistence; the
species diversity level, where the number of species present and their
distribution can be reduced; and the ecosystem level, where the
functioning of the ecosystem can be changed (Rippey et al. 2002, p.
170). Nonnative species can be very aggressive and compete with native
species for sunlight, nutrients, water, and ground cover. Once
established, these nonnative species typically dominate the landscape,
and the novel forest is characterized by a decrease in the number of
endemics (Lugo and Helmer 2003, p. 145). The impacts of invasive
species are among the greatest threat to the persistence of native rare
species and their habitats (Thomson 2005, p. 615).
Although invasive plant species have not been documented as a
current threat to Varronia rupicola, they may become so in the future.
Studies conducted within the Gu[aacute]nica Commonwealth Forest
indicate that some nonnative tree species (e.g., Leucaena leucocephala)
can persist as a dominant canopy species for at least 80 years (Wolfe
2009, p. 2). The same is expected to occur
[[Page 53310]]
with nonnative grass species (e.g., Megathyrsus maximus). These
invasive species may invade recently disturbed (naturally or by human
impacts) areas and occupy the suitable habitat of V. rupicola. Despite
the quality and overall diversity of the habitat that harbors V.
rupicola populations in the southern coast of Puerto Rico, recent
developments and habitat fragmentation have served as a corridor for
invasive species (e.g., right-of-way for the former Gasoducto Sur; O.
Monsegur, Service, pers. obs., 2013). On the island of Anegada,
numerous invasive plants have been documented in the town of The
Settlement, three of which have been observed moving towards natural
habitats (McGowan et al. 2006, p. 4), further promoting the risk of
wildfires that can affect V. rupicola.
With respect to Agave eggersiana, the populations at Protestant
Cay, Gallows Bay, and Great Pond are surrounded by dense stands of
different species of Sansevieria, an herb native to Africa. This
invasive species seems to be occupying the ecological niche adjacent to
known populations of A. eggersiana (O. Monsegur, Service, pers. obs.,
2013). This invasive species can constrain the number of individuals of
A. eggersiana and reduce the species' limited populations even more.
Invasive native plants, such as the ferns Gleichenella pectinata
and Sticherus bifidus, may invade and alter diverse native communities,
often resulting in plant monocultures that support few wildlife species
(Walker et al. 2010, p. 627). These ferns can colonize disturbed areas
faster than other native plants and may grow into dense mats, thereby
excluding native plants (Walker et al. 2010, p. 634). Additionally, the
mats formed by these species serve as fuel for fires and, in fact,
seems to be fire-tolerant. The invasive, nonnative grass Pennisetum
purpureum (elephant grass) is a fire-adapted species that, in dense
growth, can suppress most grasses, herbs, and tree seedlings (J. K.
Francis, ITF, internet data, 2013).
These invasive ferns and grass are currently found occupying areas
disturbed by fire, landslides, and road construction in Cerro La Santa,
and have the potential to affect Gonocalyx concolor by increasing fire
incidences, microclimate, and nutrient cycling of the habitat on which
this species depends. At present, we have no information about the
competitive abilities of G. concolor in such a situation. Therefore,
the effect of invasive species within the G. concolor habitat should be
considered a threat to the species.
Human-Induced Fires
Fire is not a natural event in subtropical dry or moist forests in
Puerto Rico and the U. S. Virgin Islands. The vegetation in the
Caribbean is not adapted to fires, because this disturbance does not
naturally occur on these islands (Brandeis and Woodall 2008, p. 557;
Santiago-Garc[iacute]a et al. 2008, p. 604). Human-induced fires could
modify the landscape by promoting nonnative trees and grasses, and by
diminishing the seed bank of native species (Brandeis and Woodall 2008,
p. 557). In some cases, fires may maintain extensive areas of young
forest and grasslands, slowing the recovery of ecosysems and,
therefore, impairing the delivery of ecosystem services (Brandeis and
Woodall 2008, p. 557). For example, the nonnative Megathyrsus maximus
is well adapted to fires and typically colonizes areas that were
previously covered by native vegetation. Furthermore, the presence of
this species increases the amount of fuel and the intensity of fires.
Therefore, damage caused by fires to the ecosystems, particularly to
juvenile plants, might be irreversible.
Human-induced fires may lead to destruction of the native
vegetation seed bank and may create conditions favorable for the
establishment of nonnative plant species adapted to fires (e.g.,
Leucaena leucocephala and Megathyrsus maximus) that may outcompete
Varronia rupicola and Agave eggersiana. Furthermore, the presence of M.
maximus and other grass species increases the amount of fuel and the
intensity of fires that may affect endemic populations. Seedling
mortality after fires is related to the differences on fuel loads and
the different fire intensities (Santiago-Garc[iacute]a et al. 2008, p.
607). The V. rupicola populations that occur along the municipalities
of Yauco, Pe[ntilde]uelas, and Ponce are susceptible to forest fires,
particularly on private lands where fires are accidentally or
deliberately ignited. Evidence of recent fires within the habitat and
adjacent to known populations of V. rupicola in Pe[ntilde]uelas and
Ponce have been observed by Service biologist Omar Monsegur (2011 and
2013). Varronia rupicola populations within the Gu[aacute]nica
Commonwealth Forest may be protected, as this conservation area has an
active fire control program (M. Canals, DNER, pers. comm. 2008).
Nonetheless, Miguel Canals, Gu[aacute]nica Commonwealth Forest Manager,
indicates that fires still occur in the forest, particularly on the
periphery along roads (Canals, DNER, pers. comm. 2008). Moreover,
accidental fires have been reported below the PREPA power lines
adjacent to known populations of V. rupicola.
On the island of St. Croix, human-induced fires are also frequently
reported, and most of them appear to have been originated close to
existing roads (Chakroff 2010, p. 41). Estate Granard, Estate Jack's
Bay, and Estate Isaacs Bay are among the areas identified as fire
hotspots (Chakroff 2010, p. 42). One of the extant populations of Agave
eggersiana is found on Estate Granard, and Jack's Bay and Isaacs Bay
Estates are within the historical range for the species. In fact, from
2006 to 2009, there were between one and six fires in these estates
(Chakroff 2010, p. 42). Human-induced fires particularly threaten the
A. eggersiana population at Great Pond due to the abundance of
nonnative grasses in this area. Service's personnel in St. Croix just
documented a wildfire affecting the population of Catesbaea melanocarpa
(Claudia Lombard, Service, pers. comm. 2013). This population is
located less than 0.3 mi (0.5 km) from the A. eggersiana population at
Manchenil Bay.
Human-induced fire is also a current threat to Gonocalyx concolor
at Cerro La Santa. Areas adjacent to (less than 33 ft (10 m) from) a
population of this species have been affected by such fires (O.
Monsegur, UPRM, unpubl. data, 2006). Fire effects could accelerate the
colonization of invasive plants and change the vegetation composition
of Cerro La Santa (see discussion under Factor A, above). Currently,
Pennisetum purpureum, a nonnative grass, is occupying these areas,
making them vulnerable to human-induced fires. During the dry season
(March through May), the fern Gleichenella pectinata, and other fern
species that have colonized landslides and roadsides, form dense mats
of dry material that serve as fuel for fires. Although Cerro La Santa
is located in the wet forest, fires still occur in the area,
particularly along roads, during the dry season (C. Pacheco, USFWS,
pers. obs. 2013). Due to the small size of G. concolor populations and
their proximity to areas susceptible to human-induced fires, the
Service considers habitat modification by fires as a threat to the
species.
Hurricanes and Climate Change
The islands of the Caribbean are frequently affected by hurricanes.
The U.S. Virgin Islands have been hit by five major hurricanes in
recent years: Hugo (1989), Luis and Marilyn (1995), Lenny (1999), and
Omar (2008). Examples of the visible effects of hurricanes on the
[[Page 53311]]
ecosystem include massive defoliation, snapped and wind-thrown trees,
large debris accumulations, landslides, debris flows, altered stream
channels, and transformed beaches (Lugo 2008, p. 368). Successional
responses to hurricanes can influence the structure and composition of
plant communities in the Caribbean islands (Van Bloem et al. 2003, p.
137; Van Bloem et al. 2005, p. 572; Van Bloem et al. 2006, p. 517; Lugo
2000, p. 245). Hurricanes can produce sudden and massive tree
mortality, which is variable among species (Lugo 2000, p. 245). As
endemics to the Caribbean, Varronia rupicola, Agave eggersiana, and
Gonocalyx concolor would be expected to be well adapted to tropical
storms and the prevailing environmental conditions in this geographical
area. However, the resilience of rare and endangered native species
populations may be limited or constricted by the reduced number of
populations and individuals, making the populations vulnerable to
stochastic events.
The reduced number and small size of Varronia rupicola and Agave
eggersiana populations in Puerto Rico and St. Croix, respectively, make
these species susceptible to hurricanes impacts (e.g., extirpation). In
the case of A. eggersiana, the impacts may be exacerbated by the
reproductive biology of the species (i.e., the species depends on
asexual reproduction, plants dying after flowering, and limited
dispersal of bulbils). Therefore, impacts to a population may
compromise its natural recruitment. In addition, for V. rupicola, a
severe hurricane could result in extensive defoliation and could cause
stem damage.
Populations of Varronia rupicola may be threatened by climate
change, which is predicted to increase the frequency and strength of
tropical storms and can cause severe droughts (Hopkinson et al. 2008,
p. 260). Rather than assessing climate change as a single threat, we
examined the potential consequences to species and their habitats that
arise from changes in environmental conditions associated with various
aspects of climate change. For example, climate-related changes to
habitats or conditions that exceed the physiological tolerances of a
species, occurring individually or in combination, may affect the
status of a species. In fact, vulnerability to climate change impacts
is a function of sensitivity, exposure, and adaptive capacity of
species (IPCC 2007, p. 89; Glick and Stein 2010, p. 19). For instance,
severe droughts may compromise seedling recruitment, as they may result
in deaths of small plants, or may compromise the viability of seeds.
Despite the wide distribution of V. rupicola and the number of
populations, the number of individuals per population may be too low to
sustain a positive recruitment of individuals. This may explain the low
number of intermediate-sized, nonreproductive individuals of V.
rupicola observed in Gu[aacute]nica and Ponce, when compared to the
high numbers of young seedlings (Omar A. Monsegur, Service, pers. obs.
2013).
On the island of Anegada, climate-induced sea-level rise could lead
to the extirpation of Varronia rupicola. The preferred habitat of this
species on that island is in lower elevations, and more than 40 percent
of the island is less than 9.8 ft (3 m) above sea level (Wenger et al.
2010, p. 8). Similarly, Agave eggersiana occurs very close to beach
areas in coastal areas. At least two A. eggersiana populations are
located on a coastal cliff, susceptible to coastal erosion and
landslides. Therefore, we believe that cyclonic surges and coastal
erosion associated with hurricanes may significantly affect the
populations located along the coastal areas of St. Croix (i.e.,
Manchenil Bay, South Shore, Cane Garden, Vagthus Point, and Protestant
Cay), due to their proximity to cliffs and the shoreline.
The limited distribution and low number of populations (3) and
individuals (172 historically reported) of Gonocalyx concolor may
exacerbate its vulnerability to natural events such as hurricanes and
landslides, and compromise its continued existence. Damage to higher
elevation forested habitat is usually greater during hurricane events
(Weaver 2008, p. 150). Gonocalyx concolor is extremely vulnerable due
to its habitat requirements and the fact that it is usually found
growing on the canopy of the tallest trees in Cerro La Santa and Charco
Azul. The species is usually associated with old trees with abundant
vines and epiphytes that provide horizontal structure for the
colonization of the species (probably a habitat requirement for the
germination of seeds). Hurricane winds often lead to tree defoliation,
loss of small and large branches, and uprooting, resulting in damage to
adjacent trees and understory vegetation. As a result, gaps are
produced in the vegetation, causing temporary changes in the understory
microclimate due to high light levels and temperature (Walker et al.
2010, p. 626). Therefore, damage to the forest canopy may result in a
direct impact to individuals of G. concolor that may fall to the ground
and probably be outcompeted by pioneer plant species that get
established during early successional stages after hurricanes.
The recovery of elfin forest vegetation after hurricanes is usually
slow, and the early regeneration process is dominated by a few species
(Weaver 2008, p. 150). Furthermore, in the absence of knowledge of the
reproductive capacity and ecological requirements of Gonocalyx
concolor, it is difficult to predict its recovery after natural events
such as hurricanes and tropical storms, particularly when the frequency
and intensity of these weather events is expected to increase with
climate change.
The habitat where Gonocalyx concolor occurs is susceptible to
landslides during rain events mostly associated with tropical storms
and hurricanes. Sometimes rainfall reaches 24 in (60 cm) in a single
storm event, causing floods and interacting with topography and
geologic substrate to induce mass wasting events (e.g., landslides;
Lugo 2000, p. 246). In 1998, during Hurricane Georges, a landslide
adversely affected approximately 2 ac (0.8 ha) of elfin forest at Cerro
La Santa (Hecsor Serrano-Delgado, DNER, pers. comm. 2013). A massive
landslide in the area where the species occurs would not only take out
individuals of G. concolor, but would also modify the habitat necessary
for the species and lead to conditions favoring the establishment of
invasive and weedy vegetation that may permanently modify the habitat
and outcompete G. concolor (see invasive species discussion under
Factor E, above). As documented during Hurricane Georges, and based on
the current conditions of the habitat at Cerro La Santa and Charco
Azul, landslides are a current threat to this species. As with Agave
eggersiana and Varronia rupicola (see discussion above), overall impact
and the cumulative effects of climate change are also expected to have
long-term adverse effects on G. concolor. Gonocalyx concolor is
considered a species with very specific ecological requirements and
that occupies biological islands (i.e., dwarf forests on high
elevations of Puerto Rico). Thus, predicted changes on the structure of
the vegetation due to climate change may result in the irreversible
extirpation of the prime habitat for the species.
Low Reproductive Capacity, Highly Specialized Ecological Requirements,
and Genetic Variation
Small and isolated populations of rare plants often display reduced
fitness as reduced reproductive output, seedling performance, or pollen
viability (Holmes et al. 2008, p. 1031). In the case
[[Page 53312]]
of Gonocalyx concolor, little is known about its reproductive capacity,
recruitment, and genetic variation. The low number of individuals per
population of a monoecious species (both sexes in the same flower),
like G. concolor, suggests it has highly specialized ecological
requirements, production of viable seeds rarely occurs, or there is a
pollinator limitation. Despite the ongoing monitoring of the known
population of G. concolor, no seedling recruitment has been observed in
the wild. Knowing the phenology of a plant showing limited distribution
is important in understanding the species' biology and ecology, such as
the timing of flowering, fruiting, germination and subsequent growth,
and accumulation of biomass in the field (Ruml and Vulic 2005, p. 218).
Additionally, given the extremely limited geographic distribution of G.
concolor, it is likely that its genetic variability is low.
In the case of Agave eggersiana, its reproductive biology is
characterized by its dependence on asexual reproduction (i.e.,
bulbils). Current evidence suggests that the wild and cultivated
populations of A. eggersiana have minimum genetic variation. This would
result in the loss of alleles by random genetic drift, which would
limit the species' ability to respond to changes in the environment
(Honnay and Jacquemyn 2007, p. 824).
Cumulative Effects: Factors A through E
Agave eggersiana
The limited distributions and small population sizes of Agave
eggersiana make this species very susceptible to further habitat loss
(Factor A), diseases (Factor C), and competition with nonnative species
(Factor E). Hurricanes, human-induced fires, and climate changes
(Factor E) exacerbate current threats to the species. Furthermore,
although the species is protected by territorial law, enforcement still
is a challenge (Factor D), threatening the continued survival of the
species. While these threats may act in isolation, it is very likely
that two or more of these stressors (e.g., habitat loss and diseases)
act simultaneously or in combination, resulting in cumulative impacts
to populations of A. eggersiana.
Gonocalyx concolor
The rarity and specialized ecological requirements of Gonocalyx
concolor (Factor E) make this species extremely vulnerable to habitat
destruction or modification (Factor A), and to other natural or manmade
factors, such as low reproductive capacity, possible low genetic
variation, invasive species, hurricanes, landslides, human-induced
fires, and climate change, particularly because it is confined to small
geographical areas (Factor E). Furthermore, implementation and
enforcement of effective measures to protect G. concolor have not
prevented impacts to the species (Factor D). Although the above
mentioned threats may act in isolation, it is very likely that two or
more of these stressors act simultaneously or in combination (e.g.,
hurricanes and landslides; fires and invasion of nonnative plant
species), resulting in cumulative impacts to populations of G.
concolor, challenging its recovery.
Varronia rupicola
Varronia rupicola has a somewhat extended distribution in southern
Puerto Rico. However, the species is represented by small and
fragmented populations, and about half of them occur within private
lands subject to urban development, making the species prone to
destruction, modification, or curtailment of its habitat (Factor A).
Moreover, other natural or manmade factors such as invasive species,
human-induced fires, hurricanes, and climate change (Factor E) also
pose threats to V. rupicola. Implementation and enforcement of
regulatory mechanisms to protect the species have not been effective,
particularly because enforcement on private lands continues to be a
challenge (Factor D). Therefore, it is very likely that cumulative
effects of these threats (e.g., poorly implemented regulatory
mechanisms and habitat destruction) result in limitation, or even local
extirpation, of V. rupicola populations.
Determinations
Determination for Agave eggersiana
Agave eggersiana is threatened by limited habitat and habitat loss
(e.g., construction of roads, and residential and tourist developments
and landscaping (Factor A)) and the potential for a disease to wipe out
the limited populations (Factor C). In addition, agave is threatened by
a high possibility of commercial collection for ornamental uses (Factor
B), and competition with invasive, nonnative plants, as well as
hurricanes and human-induced fires, which are further exacerbated by
climate change (Factor E). Due to lack of enforcement, existing
regulatory mechanisms are not adequately reducing these threats (Factor
D). All of these threats currently occur rangewide and are likely to
continue into the foreseeable future at a medium to high intensity.
Based on our evaluation of the best available scientific and
commercial information on the species, the significant threats
affecting Agave eggersiana and its habitat, as well as future potential
threats, we have determined the species is currently in danger of
extinction throughout all of its range, as a result of the severity and
immediacy of threats currently impacting the species. The remaining
habitat and populations are threatened by a variety of factors acting
in combination to reduce the overall survivorship of A. eggersiana. The
risk of extinction for A. eggersiana is high because the remaining
populations are isolated and small. Therefore, we have determined that
A. eggersiana meets the definition of an endangered species in
accordance with sections 3(6) and 4(a)(1) of the Act. We find that a
threatened species status is not appropriate for A. eggersiana because
the species is very limited in numbers and in populations, and because
threats are current and ongoing, occurring rangewide, and expected to
increase and continue into the future.
As stated above, the threats to the survival of A. eggersiana occur
throughout the species' range and are not restricted to any particular
significant portion of that range. Accordingly, our assessment and
determination applies to the species throughout its entire range.
Determination for Gonocalyx concolor
Gonocalyx concolor has a very limited distribution. According to
our assessment, this species is threatened by habitat destruction or
modification (Factor A) associated with maintenance and potential
expansion of telecommunication facilities, and to other natural or
manmade factors (i.e., low reproductive capacity, possible low genetic
variation, invasive species, hurricanes, landslides, human-induced
fires, and climate change (Factor E)). Due to ineffective
implementation and enforcement, existing regulatory mechanisms are not
adequately reducing these threats (Factor D). All of these threats
currently occur rangewide and are likely to continue into the
foreseeable future at a medium to high intensity.
Based on our evaluation of the best available scientific and
commercial information on the species, the significant threats
affecting Gonocalyx concolor and its habitat, as well as future
potential threats, we have determined the species is currently in
danger of extinction throughout all of its range, because of the
severity and immediacy of threats currently
[[Page 53313]]
impacting the species. Overall, its habitat has been significantly
reduced, and the remaining habitat and populations are threatened by a
variety of factors acting in combination to reduce the overall
viability of the species. The risk of extinction of Gonocalyx concolor
is high because the remaining population is small, is isolated, and has
limited potential to expand. As a result, we find that G. concolor
meets the definition of an endangered species. We find that a
threatened species status is not appropriate for G. concolor because
the species is already very limited in numbers and distribution (i.e.,
it has a contracted range), and the threats are current and ongoing,
occurring rangewide, and expected to continue into the future.
As stated above, the threats to the survival of the species occur
throughout the species' range and are not restricted to any particular
significant portion of that range. Accordingly, our assessment and
determination applies to the species throughout its entire range.
As stated above, the threats to the survival of the species occur
throughout the species' range and are not restricted to any particular
significant portion of that range. Accordingly, our assessment and
determination applies to the species throughout its entire range.
Determination for Varronia rupicola
The rarity of Varronia rupicola and its restricted distribution
renders it vulnerable to habitat destruction and modification. Varronia
rupicola is threatened primarily by human-induced fires within its
prime habitat. Habitat modification by urban development has promoted
the invasion of its habitat by exotic grasses that are typically fire-
adapted and, therefore, increase the chances of fires. Overall,
nonnative plants and fires may result in extirpation of populations of
V. rupicola by killing individuals, limiting natural recruitment, or
permanently modifying habitat and conditions necessary for the species'
establishment. Furthermore, due to the species' limited numbers and
distribution, hurricanes may extirpate entire populations, and in the
case of a highly fragmented habitat, hurricanes may further promote the
invasion of forest gaps by nonnative plant species. Similarly, severe
droughts resulting from climate change may compromise the survival of
seedlings and diminish natural recruitment within wild populations.
The species has a wide distribution throughout the Puerto Rican
bank (geographical unit that includes the main island of Puerto Rico,
Vieques, Culebra, the USVI (excluding St. Croix) and the island of
Anegada), has no germination problems, develops as reproductive
individuals in a relatively short time period (1 to 2 years under
nursery conditions), and is the subject of propagation and conservation
protocols in development by the staff of the Royal Botanical Garden
(KEW). Therefore, the Service considers that V. rupicola is a species
with a high recovery potential that meets the definition of a
threatened species. We find that an endangered species status is not
appropriate for V. rupicola because the species is not currently in an
imminent danger of extinction, but likely will be in the future as the
scope and severity of threats become greater, placing the species in
danger of extinction in the foreseeable future. Therefore, on the basis
of the best available scientific and commercial information, we list
Varronia rupicola as threatened in accordance with sections 3(20) and
4(a)(1) of the Act.
The threats to the survival of the species occur throughout the
species' range and are not restricted to any particular significant
portion of that range. Accordingly, our assessment and determination
applies to the species throughout its entire range.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. The Act encourages cooperation with the States and requires
that recovery actions be carried out for all listed species. The
protection required by Federal agencies and the prohibitions against
certain activities are discussed, in part, below.
The primary purpose of the Act is the conservation of endangered
and threatened species and the ecosystems upon which they depend. The
ultimate goal of such conservation efforts is the recovery of these
listed species, so that they no longer need the protective measures of
the Act. Subsection 4(f) of the Act requires the Service to develop and
implement recovery plans for the conservation of endangered and
threatened species. The recovery planning process involves the
identification of actions that are necessary to halt or reverse the
species' decline by addressing the threats to its survival and
recovery. The goal of this process is to restore listed species to a
point where they are secure, self-sustaining, and functioning
components of their ecosystems.
Recovery planning includes the development of a recovery outline
shortly after a species is listed and preparation of a draft and final
recovery plan. The recovery outline guides the immediate implementation
of urgent recovery actions and describes the process to be used to
develop a recovery plan. Revisions of the plan may be done to address
continuing or new threats to the species, as new substantive
information becomes available. The recovery plan identifies site-
specific management actions that set a trigger for review of the five
factors that control whether a species remains endangered or may be
downlisted or delisted, and methods for monitoring recovery progress.
Recovery plans also establish a framework for agencies to coordinate
their recovery efforts and provide estimates of the cost of
implementing recovery tasks. Recovery teams (composed of species
experts, Federal and State agencies, nongovernmental organizations, and
stakeholders) are often established to develop recovery plans. When
completed, the recovery outline, draft recovery plan, and the final
recovery plan will be available on our Web site (http://www.fws.gov/endangered), or from our Caribbean Ecological Services Field Office
(see FOR FURTHER INFORMATION CONTACT).
Implementation of recovery actions generally requires the
participation of a broad range of partners, including other Federal
agencies, States, Tribes, nongovernmental organizations, businesses,
and private landowners. Examples of recovery actions include habitat
restoration (e.g., restoration of native vegetation), research, captive
propagation and reintroduction, and outreach and education. The
recovery of many listed species cannot be accomplished solely on
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires
cooperative conservation efforts on private, State, and Tribal lands.
Following the effective date of this final listing rule (see
DATES), funding for recovery actions will be available from a variety
of sources, including Federal budgets, State programs, and cost share
grants for non-Federal landowners, the academic community, and
nongovernmental organizations. In addition, pursuant to section 6 of
the Act, the Territory of the U.S. Virgin Islands and the Commonwealth
of Puerto Rico would be eligible for Federal funds to implement
management actions that promote the protection or recovery of Agave
eggersiana, Gonocalyx concolor, and Varronia rupicola. Information on
our
[[Page 53314]]
grant programs that are available to aid species recovery can be found
at: http://www.fws.gov/grants.
Please let us know if you are interested in participating in
recovery efforts for Agave eggersiana, Gonocalyx concolor, and Varronia
rupicola. Additionally, we invite you to submit any new information on
any of these species whenever it becomes available and any information
you may have for recovery planning purposes (see FOR FURTHER
INFORMATION CONTACT).
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is listed as an endangered or
threatened species and with respect to its critical habitat, if any is
designated. Regulations implementing this interagency cooperation
provision of the Act are codified at 50 CFR part 402. Section 7(a)(4)
of the Act requires Federal agencies to confer with the Service on any
action that is likely to jeopardize the continued existence of a listed
species or result in destruction or adverse modification of critical
habitat. If a species is listed subsequently, section 7(a)(2) of the
Act requires Federal agencies to ensure that activities they authorize,
fund, or carry out are not likely to jeopardize the continued existence
of the species or destroy or adversely modify its critical habitat. If
a Federal action may affect a listed species or its critical habitat,
the responsible Federal agency must enter into consultation with the
Service.
Federal agency actions within the species' habitat that may require
conference or consultation or both as described in the preceding
paragraph include management and any other landscape-altering
activities on Federal lands administered by the U.S. Fish and Wildlife
Service, U.S. Forest Service, and National Park Service (Salt River Bay
National Historical Park and Ecological Preserve and Buck Island Reef
National Monument); issuance of section 404 Clean Water Act permits by
the U.S. Army Corps of Engineers; construction and maintenance of roads
or highways by the Federal Highway Administration; and the issuance of
permits for the installation of new telecommunication towers, expansion
of existing ones, and their operation by the Federal Communication
Commission.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered and
threatened plants. The prohibitions of section 9(a)(2) of the Act,
codified at 50 CFR 17.61 for endangered plants and at 50 CFR 17.71 for
threatened plants, in part, make it illegal for any person subject to
the jurisdiction of the United States to import, export, transport in
interstate commerce in the course of commercial activity, sell or offer
for sale in interstate or foreign commerce, or remove and reduce the
species to possession from areas under Federal jurisdiction. In
addition, for plants listed as endangered, the Act prohibits the
malicious damage or destruction on areas under Federal jurisdiction and
the removal, cutting, digging up, or damaging or destroying of such
plants in knowing violation of any State law or regulation, including
State criminal trespass law. It is also unlawful to violate any
regulation pertaining to plant species listed as endangered or
threatened (section 9(a)(2)(E) of the Act).
We may issue permits to carry out otherwise prohibited activities
involving endangered and threatened plants species under certain
circumstances. Regulations governing permits are codified at 50 CFR
17.62 for endangered plants, and at 17.72 for threatened plants. With
regard to endangered and threatened plants, a permit issued under this
section must be for one of the following: scientific purposes, the
enhancement of the propagation or survival of threatened species,
economic hardship, botanical or horticultural exhibition, educational
purposes, or other activities consistent with the purposes and policy
of the Act.
It is our policy, as published in the Federal Register on July 1,
1994 (59 FR 34272), to identify to the maximum extent practicable at
the time a species is listed, those activities that would or would not
constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of a listing and
ongoing activities within the range of listed species. The following
activities could potentially result in a violation of section 9 of the
Act; this list is not comprehensive:
(1) Unauthorized collecting, handling, possessing, selling,
delivering, carrying, or transporting of Agave eggersiana, Gonocalyx
concolor, or Varronia rupicola, including import or export across State
lines and international boundaries without authorization.
(2) Removal, cutting, digging up, or damaging or destroying any of
the species on any other area in knowing violation of any law or
regulation of the Territory of U.S. Virgin Islands or the Commonwealth
of Puerto Rico or in the course of any violation of the Territory of
U.S. Virgin Islands or the Commonwealth of Puerto Rico criminal
trespass law.
(3) Introduction of unauthorized nonnative species that compete
with or prey upon Agave eggersiana, such as the introduction of the
nonnative agave snout weevil to the island of St. Croix, USVI.
(4) The unauthorized release of biological control agents that
attack any life stage of Agave eggersiana, Gonocalyx concolor, or
Varronia rupicola.
(5) Modifying the habitat of A. eggersiana, G. concolor and V.
rupicola on Federal lands without authorization or coverage under the
Act for impacts to these species.
Questions regarding whether specific activities would constitute a
violation of section 9 of the Act should be directed to the Caribbean
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
Under section 4(d) of the Act, the Secretary has discretion to
issue such regulations as he deems necessary and advisable to provide
for the conservation of threatened species. Our implementing
regulations (50 CFR 17.61 and 17.71) for endangered and threatened
plants generally incorporate the prohibitions of section 9 of the Act
for endangered plants, except when a rule promulgated pursuant to
section 4(d) of the Act (4(d) rule) has been issued with respect to a
particular threatened species. In such a case, the general prohibitions
in 50 CFR 17.61 and 17.71 would not apply to that species, and instead,
the 4(d) rule would define the specific take prohibitions and
exceptions that would apply for that particular threatened species,
which we consider necessary and advisable to conserve the species. With
respect to a threatened plant, the Secretary of the Interior also has
the discretion to prohibit by regulation any act prohibited by section
9(a)(2) of the Act. Exercising this discretion, which has been
delegated to the Service by the Secretary, the Service has developed
general prohibitions that are appropriate for most threatened species
in 50 CFR 17.71 and exceptions to those prohibitions in 50 CFR 17.72.
We are not promulgating a 4(d) rule for Varronia rupicola, and as a
result, all of the section 9(a)(2) general prohibitions, including the
``take'' prohibitions, will apply to Varronia rupicola.
Required Determinations
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act, need not be prepared in connection
[[Page 53315]]
with listing a species as an endangered or threatened species 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).
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. No tribal lands occur in Puerto Rico
or the United States Virgin Islands.
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-2013-0103 and upon request from the Caribbean Ecological Services
Field Office (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this final 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.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as follows:
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; and 4201-4245, unless
otherwise noted.
0
2. Amend Sec. 17.12(h) by adding entries for ``Agave eggersiana'',
``Gonocalyx concolor'', and ``Varronia rupicola'' in alphabetical order
under FLOWERING PLANTS to the List of Endangered and Threatened Plants,
to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------------- Historic range Family Status When Critical Special
Scientific name Common name listed habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
FLOWERING PLANTS
* * * * * * *
Agave eggersiana................. No common name...... St. Croix, USVI.... Agavaceae.......... E 848 17.96(a) NA
* * * * * * *
Gonocalyx concolor............... No common name...... Puerto Rico........ Ericaceae.......... E 848 17.96(a) NA
* * * * * * *
Varronia rupicola................ No common name...... Puerto Rico........ Boraginaceae....... T 848 17.96(a) NA
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
Dated: August 26, 2014.
Rowan W. Gould,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-21231 Filed 9-8-14; 8:45 am]
BILLING CODE 4310-55-P