Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Guajón (Eleutherodactylus cooki, 58954-58991 [06-8482]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 71, Number 193 (Thursday, October 5, 2006)]
[Proposed Rules]
[Pages 58954-58991]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8482]



[[Page 58953]]

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Part III





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



 Endangered and Threatened Wildlife and Plants; Designation of Critical 
Habitat for the Guaj[oacute]n (Eleutherodactylus cooki); Proposed Rule

Federal Register / Vol. 71, No. 193 / Thursday, October 5, 2006 / 
Proposed Rules

[[Page 58954]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AU78


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Guaj[oacute]n (Eleutherodactylus cooki)

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 the threatened guaj[oacute]n 
(Eleutherodactylus cooki), a frog endemic to Puerto Rico, under the 
Endangered Species Act of 1973, as amended (Act). In total, 
approximately 217.2 acres (ac) (88 hectares (ha)) fall within the 
boundaries of the proposed critical habitat designation. The proposed 
critical habitat is located in the municipalities of Humacao, Las 
Piedras, Maunabo, Patillas, and Yabucoa, Puerto Rico.

DATES: We will accept comments from all interested parties until 
December 4, 2006. We must receive requests for public hearings, in 
writing, at the address shown in the ADDRESSES section by November 20, 
2006.

ADDRESSES: If you wish to comment, you may submit your comments and 
materials concerning this proposal by any one of several methods:
    1. You may submit written comments and information to Edwin E. 
Mu[ntilde]iz, Field Supervisor, U.S. Fish and Wildlife Service, 
Boquer[oacute]n Field Office, P.O. Box 491, Boquer[oacute]n, Puerto 
Rico 00622.
    2. You may hand-deliver written comments to us at the following 
address: Cabo Rojo National Wildlife Refuge Visitor Center, Ecological 
Services Field Office, PR-301, km. 5.1, Boquer[oacute]n, Puerto Rico.
    3. You may send comments by electronic mail (e-mail) to jorge_
saliva@fws.gov. Please see the Public Comments Solicited section below 
for file format and other information about electronic filing.
    4. You may fax your comments to 787-851-7440.
    5. You may submit comments via the Federal Rulemaking portal at 
www.regulations.gov. Follow the instructions on the site for submitting 
comments.
    Comments and materials received, as well as supporting 
documentation used in the preparation of this proposed rule, will be 
available for public inspection, by appointment, during normal business 
hours at the Boquer[oacute]n Field Office, Road 301 km. 5.1, 
Boquer[oacute]n Ward (telephone 787-851-7297).

FOR FURTHER INFORMATION CONTACT: Jorge E. Saliva, Ph.D., 
Boquer[oacute]n Field Office, P.O. Box 491, Boquer[oacute]n, Puerto 
Rico 00622 (telephone 787-851-7297 x224; facsimile (787-851-7440).

SUPPLEMENTARY INFORMATION:

Public Comments Solicited

    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible. Therefore, comments or 
suggestions from the public, other concerned governmental agencies, the 
scientific community, industry, or any other interested party 
concerning this proposed rule are hereby solicited. Comments 
particularly are sought concerning:
    (1) The reasons any habitat should or should not be determined to 
be critical habitat for the guaj[oacute]n as provided by section 4 of 
the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 
et. seq.), including whether it is prudent to designate critical 
habitat;
    (2) Specific information on the amount and distribution of 
guaj[oacute]n habitat, and what areas should be included in the 
designation that were occupied at the time of listing that contain the 
features that are essential for the conservation of the species and 
why, and what areas that were not occupied at the time of listing are 
essential to the conservation of the species and why;
    (3) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat;
    (4) Any foreseeable economic, national security, or other potential 
impacts resulting from the proposed designation and, in particular, any 
impacts on small entities;
    (5) Whether the benefit of exclusion of any particular area 
outweigh the benefits of inclusion under section 4(b)(2) of the Act; 
and
    (6) Whether our approach to designating critical habitat could be 
improved or modified in any way to provide for greater public 
participation and understanding, or to assist us in accommodating 
public concerns and comments.
    If you wish to comment, you may submit your comments and materials 
concerning this proposal by any one of several methods (see ADDRESSES 
section). Please submit Internet comments to jorge_saliva@fws.gov in 
ASCII file format and avoid the use of special characters or any form 
of encryption. Please also include ``Attn: guaj[oacute]n proposed 
rule'' in your e-mail subject header, and your name and return address 
in the body of your message. If you do not receive a confirmation from 
the system that we have received your Internet message, contact us 
directly by calling our Boqueron Field Office at telephone number (787) 
851-7297.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their names and/or home addresses, etc. but if you wish us to consider 
withholding this information you must state this prominently at the 
beginning of your comments. In addition, you must present rationale for 
withholding this information. This rationale must demonstrate that 
disclosure would constitute a clearly unwarranted invasion of privacy. 
Unsupported assertions will not meet this burden. In the absence of 
exceptional, documentable circumstances, this information will be 
released. We will always make submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives of or officials of organizations or businesses, 
available for public inspection in their entirety. Comments and 
materials received will be available for public inspection, by 
appointment, during normal business hours at the address in the 
ADDRESSES section.

Role of Critical Habitat in Actual Practice of Administering and 
Implementing the Act

    Attention to and protection of habitat is paramount to successful 
conservation actions. The role that designation of critical habitat 
plays in protecting habitat of listed species, however, is often 
misunderstood. As discussed in more detail below in the discussion of 
exclusions under ESA section 4(b)(2), there are significant limitations 
on the regulatory effect of designation under ESA section 7(a)(2). In 
brief, (1) Designation provides additional protection to habitat only 
where there is a federal nexus; (2) the protection is relevant only 
when, in the absence of designation, destruction or adverse 
modification of the critical habitat would in fact take place (in other 
words, other statutory or regulatory protections, policies, or other 
factors relevant to agency decision-making would not prevent the 
destruction or adverse modification); and (3) designation of critical 
habitat triggers the prohibition

[[Page 58955]]

of destruction or adverse modification of that habitat, but it does not 
require specific actions to restore or improve habitat.
    Currently, only 470 species or 37 percent of the 1,264 listed 
species in the United States under the jurisdiction of the Service, 
have designated critical habitat. We address the habitat needs of all 
1,264 listed species through conservation mechanisms such as listing, 
section 7 consultations, the Section 4 recovery planning process, the 
Section 9 protective prohibitions of unauthorized take, Section 6 
funding to the States, the Section 10 incidental take permit process, 
and cooperative, non-regulatory efforts with private landowners. The 
Service believes that it is these measures that may make the difference 
between extinction and survival for many species.
    In considering exclusions of areas proposed for designation, we 
evaluated the benefits of designation in light of Gifford Pinchot Task 
Force v. U.S. Fish and Wildlife Service, 378 F.3d 1059 (9th Cir 2004). 
In that case, the Ninth Circuit invalidated the Service's regulation 
defining ``destruction or adverse modification'' of critical habitat. 
In response, on December 9, 2004, the Director issued guidance to be 
considered in making section 7 adverse modification determinations. 
This proposed critical habitat designation does not use the invalidated 
regulation in our consideration of the benefits of including areas in 
this final designation. Rather, it relies on the guidance issued by the 
Director in response to the Gifford Pinchot decision (see ``Adverse 
Modification Standard'' discussion below). The Service will carefully 
manage future consultations that analyze impacts to designated critical 
habitat, particularly those that appear to be resulting in an adverse 
modification determination. Such consultations will be reviewed by the 
Regional Office prior to finalizing to ensure that an adequate analysis 
has been conducted that is informed by the Director's guidance.
    On the other hand, to the extent that designation of critical 
habitat provides protection, that protection can come at significant 
social and economic cost. In addition, the mere administrative process 
of designation of critical habitat is expensive, time-consuming, and 
controversial. The current statutory framework of critical habitat, 
combined with past judicial interpretations of the statute, make 
critical habitat the subject of excessive litigation. As a result, 
critical habitat designations are driven by litigation and courts 
rather than biology, and made at a time and under a time frame that 
limits our ability to obtain and evaluate the scientific and other 
information required to make the designation most meaningful.
    In light of these circumstances, the Service believes that 
additional agency discretion would allow our focus to return to those 
actions that provide the greatest benefit to the species most in need 
of protection.

Procedural and Resource Difficulties in Designating Critical Habitat

    We have been inundated with lawsuits for our failure to designate 
critical habitat, and we face a growing number of lawsuits challenging 
critical habitat determinations once they are made. These lawsuits have 
subjected the Service to an ever-increasing series of court orders and 
court-approved settlement agreements, compliance with which now 
consumes nearly the entire listing program budget. This leaves the 
Service with little ability to prioritize its activities to direct 
scarce listing resources to the listing program actions with the most 
biologically urgent species conservation needs.
    The consequence of the critical habitat litigation activity is that 
limited listing funds are used to defend active lawsuits, to respond to 
Notices of Intent (NOIs) to sue relative to critical habitat, and to 
comply with the growing number of adverse court orders. As a result, 
listing petition responses, the Service's own proposals to list 
critically imperiled species, and final listing determinations on 
existing proposals are all significantly delayed.
    The accelerated schedules of court-ordered designations have left 
the Service with limited ability to provide for public participation or 
to ensure a defect-free rulemaking process before making decisions on 
listing and critical habitat proposals, due to the risks associated 
with noncompliance with judicially imposed deadlines. This in turn 
fosters a second round of litigation in which those who fear adverse 
impacts from critical habitat designations challenge those 
designations. The cycle of litigation appears endless, and is very 
expensive, thus diverting resources from conservation actions that may 
provide relatively more benefit to imperiled species.
    The costs resulting from the designation include legal costs, the 
cost of preparation and publication of the designation, the analysis of 
the economic effects and the cost of requesting and responding to 
public comment, and in some cases the costs of compliance with the 
National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.). These 
costs, which are not required for many other conservation actions, 
directly reduce the funds available for direct and tangible 
conservation actions.

Background

    In this proposed rule, we intend to discuss only those topics 
directly relevant to the designation of critical habitat. For more 
information on the guaj[oacute]n (which is also known as the Puerto 
Rican demon), refer to the final listing rule published in the Federal 
Register on June 11, 1997 (62 FR 31757).
    The guaj[oacute]n is a petricolous (i.e., inhabiting rocks) frog 
species endemic to the southeastern part of Puerto Rico. This species 
is one of 16 species of the genus Eleutherodactylus, commonly known as 
``coqu[iacute]es,'' that inhabit the island. It is the second largest 
species of Eleutherodactylus in Puerto Rico. The guaj[oacute]n has 
solid brown dorsal coloration, white-rimmed eyes, and large, truncate 
(i.e., partially cut) disks on its feet (Rivero 1998, p. 13; Joglar 
1986, p. 386). The species exhibits sexual dimorphism (separate female 
and male forms) in size, vocalization, and coloration (Burrowes 2000, 
pp. 376, 380; Burrowes 1997, p. 26). Females are larger than males. The 
mean size (snout-vent length) for females is 2.01 inches (in) (50.94 
millimeters (mm)) and for males is 1.71 in (43.43 mm). The ventral 
coloration of females is uniformly white, while males are yellow 
extending from the vocal sac to the abdomen and flanks. Males call for 
mates by producing 3 to 7 similar notes (Drewry and Rand 1983, p. 944). 
Females produce only a short, acute call when distressed (Burrowes 
2000, p. 383). Juveniles are brown in color with a dorsal pattern of 
dark brown inverted parentheses (Joglar et al. 1996, p. 254; Joglar 
1998, p. 68).
    The guaj[oacute]n was thought to be limited in distribution by the 
presence of caves, grottoes, and rock formations (Rivero 1998, p. 13; 
Joglar 1998, p. 62). At the time of listing in 1997 (62 FR 31757), the 
guaj[oacute]n was known to be found in the Cuchilla de Panduras 
mountain range (municipalities of Maunabo, San Lorenzo, and Yabucoa), 
and in the municipalities of Patillas, Humacao, and Las Piedras (Moreno 
1991, p. 9; Joglar 1992, p. 40; Joglar et al. 1996, p. 253; F. Bird, 
pers. comm. 1995; C. Ruiz-Lebr[oacute]n, pers. comm. 2006). For many 
years, the guaj[oacute]n was believed to be a highly localized species 
that occurred exclusively inside caves (Joglar 1998, pp. 62, 71; Joglar 
et al. 1996, p. 256; Burrowes 1997, p. 6; Burrowes 2000, p. 376), but 
additional habitat studies of this species (Vega-Castillo 2000, pp. 36-
37, 40) have shown that the guaj[oacute]n also

[[Page 58956]]

lives in rocky streams. Since listing, we have discovered additional 
populations in three areas: (1) In Tejas Ward (Las Piedras) in an area 
bounded by Road PR-905 to the east, Road PR-908 to the west, Road PR-
9921 to the north, and Road PR-9904 to the south; (2) in Guayabota Ward 
(Yabucoa) in an area south of Road PR-900 and north of the Maunabo 
boundary; and (3) within Guayabota Ward (Yabucoa), in an area that 
crosses Road PR-900 north of the Maunabo boundary, and is about 3,000 
ft (900 m) west of proposed critical habitat Unit 11.
    The guaj[oacute]n is found at low and intermediate elevations where 
it inhabits caves formed by large boulders of granite rock, and 
associated streams with patches of rock without cave systems (Burrowes 
and Joglar 1999, p. 706; Vega-Castillo 2000, p. 35; C. Ruiz-
Lebr[oacute]n, pers. comm., 2006). Structurally, the caves are complex, 
having several chambers of irregular shape and size, and may be at 
different depths between the surface of the ground and stream (Burrowes 
2000, p. 376). The ecological conditions of the caves are relatively 
uniform; mean temperature and relative humidity are the same at any 
given month of the year, and they do not have thermal stratification 
(i.e., no marked temperature differences between the floor and ceiling 
of the cave) (Rogowitz et al. 1999, p. 179; Rogowitz et al. 2001, pp. 
542, 545; Burrowes 1997, p. 74). Like most of the Eleutherodactylus, 
the guaj[oacute]n has direct development of eggs, which are laid on 
humid boulders within grottoes and on cracks, depressions, or flat 
vertical surfaces (Joglar et al. 1996, p. 253; Burrowes 1997, pp. 21-
22). The preference for this type of microhabitat probably reduces 
evaporative water loss and egg predation (Joglar 1998, pp. 64, 68).
    Vega-Castillo (2000, pp. 36, 40) reported that, in streams, the 
guaj[oacute]n has been found only in patches of rock in the streambed. 
The streams can be perennial or they can be ephemeral, formed during 
heavy rain; the streams are also surrounded by secondary forest. Rocks 
in the streambed form crevices and grottoes. Streams provide a wide 
variety of retreat sites for the species, such as vegetation-covered 
rocks (e.g., rocks covered with moss, ferns, and liverworts) that help 
conserve humidity. In rocky stream habitat, the frogs exit their 
retreat site at dusk to forage actively over rocks and vegetation. In 
both types of habitat, the species exhibits site fidelity and homing 
behavior. Reproductive activity is correlated with precipitation and 
air temperature (Rogowitz et al. 2001, pp. 543-546; Joglar et al. 1996, 
p. 254), and males defend and guard egg clutches (Joglar et al. 1996, 
p. 255; Burrowes 1997, p. 35).
    The guaj[oacute]n was listed as threatened under the Act primarily 
due to its highly restricted geographical distribution and habitat 
requirements (Joglar 1998, p. 73). The habitat of this species is 
naturally fragmented and the majority of the known populations are on 
private land in southeastern Puerto Rico, where the increased levels of 
land development threaten to further reduce and fragment the species 
habitat, distribution, and survival (Joglar 1998, p. 73). Being a 
habitat specialist, the guaj[oacute]n is adapted to particular 
environmental conditions, and abrupt changes in these conditions could 
result in population declines or extirpation.
    Road and urban development can cause earth movement and 
modification of vegetation and streams, resulting in habitat 
fragmentation that may interrupt the connection between subpopulations, 
affecting the genetic variability and population numbers of the 
guaj[oacute]n (Burrowes 1997, p. 71; Joglar 1998, p. 73). Amphibian 
populations unable to disperse because of barriers may experience 
genetic isolation resulting in reduced heterozygosity (i.e., potential 
reduction in genetic variability and evolutionary fitness). Fragmenting 
habitat through human activity such as roads makes populations less 
resilient to natural population declines (Pechman et al. 1991, p. 895).
    Deforestation near streams can result in erosion and increase flash 
flooding. Runoff water from slopes during flash flooding may disturb 
the habitat of the guaj[oacute]n, and high levels of sediment 
introduced into streams can fill spaces between rocks and decrease the 
availability of retreat sites among the boulders. Another potential 
effect of flash flooding is the flushing and drowning of adults, as 
well as the destruction of nests.
    The use of pesticides, herbicides, and fertilizers in agricultural 
fields could have detrimental effects on survival of the guaj[oacute]n 
from runoff into waterways adjacent to guaj[oacute]n habitat. Many 
studies have documented negative impacts of agrochemicals on frogs; 
impacts include deformities, abnormal immune system functions, 
diseases, injury and death (Cooke 1981, pp. 123, 125, 127, 130, 131; 
Reeder et al. 1998, p. 264). Also, any stream modification (e.g., 
embankment, channelization) or development (e.g., tourist, urban) 
within the watershed where the guaj[oacute]n exists could result in an 
increase of chemical-laden sediments and alteration of the streams' 
quality.
    Recreational use of streams may degrade the habitat quality for the 
guaj[oacute]n. People that live adjacent to guaj[oacute]n habitat may 
collect crabs and shrimp by pouring chemicals into the water (e.g., 
chlorine). Aquatic species exit their retreats to the surface for 
breathing. These chemicals may directly affect water and habitat 
quality for the guaj[oacute]n. A decrease in water and habitat quality 
may have a serious impact on this species and other amphibians that 
inhabit streams. Recreational use of streams may introduce trash and 
waste to the water flow impacting the water quality and habitat (Joglar 
1993, pp. 27, 33; Joglar et al. 1996, p. 258; Rivero 1991, p. 55). For 
example, caves in the Cuchilla de Panduras mountain range are used as 
garbage dumps (Joglar 1998, p. 75), attracting potential predators and 
diseases for the guaj[oacute]n.
    Burrowes (1997, pp. 60-64) and Burrowes and Joglar (1999, pp. 709-
710) assessed the genetic variation within and among populations of the 
guaj[oacute]n in separate cave systems within the historic geographic 
range of the species and found a high degree of genetic variation and 
lack of population differentiation in the species. These studies also 
documented that genetic flow among populations of the guaj[oacute]n is 
necessary to maintain the high genetic variability observed in the 
species. This genetic variability depends on interconnection between 
caves, and the availability of clean subterranean waterways as indirect 
dispersal routes necessary for out-crossing (Burrowes 1997, p. 73; 
Burrowes and Joglar 2000, p. 709). These studies also suggested that 
the guaj[oacute]n is perfectly adapted to the existing environmental 
conditions in the caves. Thus, habitat conditions, e.g., clean 
waterways between the guajonales (the caves and grottoes where the 
guaj[oacute]n lives), are important to maintain a high degree of 
genetic variation among the guaj[oacute]n populations.

Previous Federal Actions

    The guaj[oacute]n was listed as threatened under the Act on June 
11, 1997 (62 FR 31757), due to its restricted distribution, specialized 
habitat utilization, and threats to its habitat. The Service determined 
that designation of critical habitat was not prudent at the time of 
listing because of increased risks of vandalism and illegal collection 
should the exact location of individuals be made public. On June 10, 
2003, the Center for Biological Diversity filed a lawsuit against the 
Department of the Interior and the Service, alleging, among other 
things, failure to designate critical habitat for the guaj[oacute]n. In 
a settlement agreement dated February 5, 2004, the

[[Page 58957]]

Service agreed to reevaluate the need for critical habitat for this 
species and, if prudent, submit a proposed designation of critical 
habitat to the Federal Register by September 30, 2006, and a final 
designation by October 1, 2007. This document constitutes our new 
prudency determination and our proposed rule to designate critical 
habitat for the guaj[oacute]n, and fulfills the settlement agreement. 
For more information on previous Federal actions concerning the 
guaj[oacute]n, refer to the final listing rule (62 FR 31757).

Critical Habitat

    Critical habitat is defined in section 3 of the Act as: (i) The 
specific areas within the geographical area occupied by a species, at 
the time it is listed in accordance with the Act, on which are found 
those physical or biological features (I) Essential to the conservation 
of the species and (II) that may require special management 
considerations or protection; and (ii) specific areas outside the 
geographical area occupied by a species at the time it is listed, upon 
a determination that such areas are essential for the conservation of 
the species. ``Conservation'' means the use of all methods and 
procedures that are necessary to bring an endangered or a threatened 
species to the point at which listing under the Act is no longer 
necessary.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against destruction or adverse modification of 
critical habitat with regard to actions carried out, funded, or 
authorized by a Federal agency. Section 7 requires consultation on 
Federal actions that are 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 government or public access to private lands. Section 7 is a 
purely protective measure and does not require implementation of 
restoration, recovery, or enhancement measures.
    To be included in a critical habitat designation, the habitat 
within the area occupied by the species at the time of listing must 
first have features that are essential to the conservation of the 
species. Critical habitat designations identify, to the extent known 
using the best scientific data available, habitat areas that provide 
essential life cycle needs of the species (i.e., areas on which are 
found the primary constituent elements or PCEs, as defined at 50 CFR 
424.12(b)).
    Habitat occupied at the time of listing may be included in critical 
habitat only if the essential features thereon may require special 
management or protection. Thus, we do not include areas where existing 
management is sufficient to conserve the species. (As discussed below, 
such areas may also be excluded from critical habitat under section 
4(b)(2) of the Act.) Furthermore, when the best available scientific 
data do not demonstrate that the conservation needs of the species 
require additional areas, we will not designate critical habitat in 
areas outside the geographical area occupied by the species at the time 
of listing. However, an area that is currently occupied by the species 
but was not known to be occupied at the time of listing will likely be 
essential to the conservation of the species and, therefore, typically 
included in the critical habitat designation.
    The Service's Policy on Information Standards under the Endangered 
Species Act, published in the Federal Register on July 1, 1994 (59 FR 
34271), and Section 515 of the Treasury and General Government 
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658) 
and the associated Information Quality Guidelines issued by the 
Service, provide criteria, establish procedures, and provide guidance 
to ensure that decisions made by the Service represent the best 
scientific data available. They require Service 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 
determining which areas are critical habitats, a primary source of 
information is generally the listing package for the species. 
Additional information sources 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, or other unpublished materials and 
expert opinion or personal knowledge. All information is used in 
accordance with the provisions of Section 515 of the Treasury and 
General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 
106-554; H.R. 5658) and the associated Information Quality Guidelines 
issued by the Service.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific data available. Habitat is often 
dynamic, and species may move from one area to another over time. 
Furthermore, we recognize that designation of critical habitat may not 
include all of the habitat areas that may eventually be determined to 
be necessary for the recovery of the species. For these reasons, 
critical habitat designations do not signal that habitat outside the 
designation is unimportant or may not be required for recovery.
    Areas that support populations, but are outside the critical 
habitat designation, will continue to be subject to conservation 
actions implemented under section 7(a)(1) of the Act and to the 
regulatory protections afforded by the section 7(a)(2) jeopardy 
standard, as determined on the basis of the best available information 
at the time of the action. 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, or 
other species conservation planning efforts if new information 
available to these planning efforts calls for a different outcome.

Prudency Determination

    Section 4(a)(3) of the Act and its implementing regulations (50 CFR 
424.12) require that, to the maximum extent prudent and determinable, 
we designate critical habitat at the time a species is listed as 
endangered or threatened. Our regulations at 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 activity and the 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. In our June 11, 1997 final rule (62 FR 31757), we determined 
that designation of critical habitat for the guaj[oacute]n was not 
prudent because of increased risks of vandalism and illegal collection 
should the exact location of individuals be made public.
    Critical habitat designation may provide additional information to 
individuals, local and State governments, and other entities engaged in 
long-range planning, because areas with features essential to the 
conservation of the guaj[oacute]n are clearly delineated and the 
primary constituent elements of the habitat necessary for the survival 
of the species are specifically identified. Moreover, we do not have 
specific evidence of taking, collection,

[[Page 58958]]

vandalism, trade, or unauthorized human disturbance affecting the 
guaj[oacute]n. Without such evidence, we cannot say that designation 
would increase the likelihood of take. Accordingly, we withdraw our 
previous determination that the designation of critical habitat will 
increase the degree of threat to the species. We determine that the 
designation of critical habitat is prudent for this species. At this 
time, we have sufficient information necessary to identify specific 
areas that meet the definition of critical habitat and are, therefore, 
proposing critical habitat for the guaj[oacute]n.

Methods

    As required by section 4(b) of the Act, we used the best scientific 
data available in determining areas that contain the physical and 
biological features essential to the conservation of the guaj[oacute]n 
(see Primary Constituent Elements section) and other areas that are 
essential to the conservation of this species. We have also reviewed 
available information that pertains to the habitat requirements of this 
species. This information included peer-reviewed scientific 
publications; unpublished reports from resource agencies and 
universities; field surveys and reports; information and maps from 
Puerto Rico Department of Natural and Environmental Resources, the 
Puerto Rico Planning Board, Puerto Rico Conservation Trust (PRCT), and 
U.S. Geological Survey topographic maps (scale 1:20,000); recent aerial 
photos; unpublished data and observations collected by Service 
biologists during recent field surveys; forest management plans from 
local agencies; the species' recovery plan; information received from 
local biologists and researchers who have worked with the species and 
its habitat; and information gathered during site visits to currently 
occupied sites. All information was used to determine the 
guaj[oacute]n's currently occupied range and habitat features needed to 
support the necessary biological functions of the species. We are not 
proposing any areas outside the geographical area presently occupied by 
the species because none were found to be essential to the conservation 
of the species, however, we are proposing three small units that were 
not known to be occupied at the time of listing but are currently 
occupied.

Primary Constituent Elements for the Guaj[oacute]n

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12, we are required to base critical habitat determinations 
on the best scientific data available and to consider, within areas 
occupied by the species at the time of listing, those physical and 
biological features that are essential to the conservation of the 
species (PCEs), and that may require special management considerations 
and protection. These include, but are not limited to, space for 
individual and population growth and for normal behavior; food, water, 
air, light, minerals, or other nutritional or physiological 
requirements; cover or shelter; sites for breeding, reproduction, and 
rearing (or development) of offspring; and habitats that are protected 
from disturbance or are representative of the historic geographical and 
ecological distributions of a species. All areas proposed as critical 
habitat for the guaj[oacute]n are currently occupied, within the 
species' historic geographic range, and contain sufficient PCEs to 
support at least one life history function.
    The distribution of the guaj[oacute]n is associated with the 
granitic and plutonic rocks found in the Cuchilla de Panduras mountain 
range in southeastern Puerto Rico. The habitat of the guaj[oacute]n 
lies within several life zones as described by Ewel and Whitmore (1973, 
pp. 20-49). The variables used to delineate any given life zone are 
mean annual precipitation and mean annual temperature. The two 
predominant life zones found within guaj[oacute]n habitat are 
Subtropical Moist and Subtropical Wet forests. Trees up to 65.6 ft (20 
m) tall, with rounded crowns, characterize the Subtropical Moist Forest 
life zone. Many of the woody species are deciduous during the dry 
season. The abundant moisture of the Subtropical Wet Forest life zone 
is evident in the character of its vegetation. Epiphytic ferns, 
bromeliads, and orchids are common, the forests are relatively rich in 
plant species, and the growth rates of successional trees are rapid. 
This type of forest contains more than 150 species of trees that form a 
dark, complete canopy at about 65.6 ft (20 m).
    The guaj[oacute]n is found at low and intermediate elevations up to 
1,312.3 ft (400 m) above sea level (Burrowes 1997, p. 52; Burrowes et 
al. 2004, p. 145; Rivero 1998, p. 13), where it inhabits caves formed 
by large boulders of granite rock, and in associated streams with 
patches of rock without cave systems (Burrowes and Joglar 1999, p. 706; 
Vega-Castillo 2000, p. 35; C. Ruiz-Lebr[oacute]n, pers. comm., 2006). 
Caves are dark inside, although some light enters through gaps formed 
from the union of two or more boulders. Structurally, the caves are 
complex, having several chambers of irregular shape and size, and may 
be at different depths between the surface of the ground and stream 
(Burrowes 2000, p. 376). The ecological conditions of the caves are 
relatively uniform; mean temperature and relative humidity are the same 
at any given month of the year, and the caves do not have thermal 
stratification (Rogowitz et al. 1999, p. 179; Rogowitz et al. 2001, pp. 
542, 545; Burrowes 1997, p. 74).
    In streams, the guaj[oacute]n has been found only in patches of 
rock in the streambed (Vega-Castillo 2000, pp. 36, 40). The streams can 
be perennial, or they can be ephemeral, formed during heavy rain. The 
streams are surrounded by secondary forest. Rocks in the streambed form 
crevices and grottoes. Streams provide a wide variety of retreat sites 
for the species, such as vegetation-covered rocks (e.g., rocks covered 
with moss, ferns, and liverworts) that help conserve humidity. 
Temperature and relative humidity at streams vary with the months of 
the year. The foraging habitat of the guaj[oacute]n may extend 
laterally from the edge of streambed (or other water source) as far as 
66 to 99 ft (20 to 30 m) into adjacent vegetated areas (Vega-Castillo, 
pers. obs., 2001). In rocky stream habitat, frogs leave their retreat 
site at dusk to forage actively over rocks and vegetation.
    Based on our current knowledge of the life history, biology, and 
ecology of the species and the requirements of the habitat to sustain 
the essential life history functions of the species, we have determined 
that PCEs for the guaj[oacute]n are:
    (1) Subtropical forest (which may include trees such as Cecropia 
schreberiana, Dendropanax arboreus, Guarea guidonia, Piper aduncum, 
Spathodea campanulata, Syzygium jambos, and Thespesia populnea) at 
elevations from 118 to 1,183 ft (36 to 361 m) above sea level.
    (2) Plutonic, granitic, or sedimentary rocks/boulders that form 
caves, crevices, and grottoes (interstitial spaces) in a streambed; and 
that are in proximity, or connected, to a permanent, ephemeral, or 
subterranean clear-water stream or water source. The interstitial 
spaces between or underneath rocks provide microenvironments 
characterized by generally higher humidity and cooler temperatures than 
outside the rock formations.
    (3) Vegetation-covered rocks (the vegetation typically includes 
moss, ferns, and hepatics such as Thuidium urceolatum, Taxilejeunea 
sulphurea, and Huokeria acutifolia) extending laterally to a maximum of 
99 ft (30 m) on each bank of the stream; these rocks provide cover and 
foraging sites and help conserve humidity.
    This proposed designation is designed for the conservation of PCEs 
necessary

[[Page 58959]]

to support the life history functions of the guaj[oacute]n. Because not 
all life history functions require all the PCEs, not all proposed 
critical habitat will contain all the PCEs.
    Units are designated based on sufficient PCEs being present to 
support one or more of the species' life history functions. Some units 
contain all PCEs and support multiple life processes, while some units 
contain only a portion of the PCEs necessary to support the species' 
particular use of that habitat. Where a subset of the PCEs is present 
at the time of designation, this rule protects those PCEs and thus the 
conservation function of the habitat.

Criteria Used To Identify Critical Habitat

    As required by section 4(b)(1)(A) of the Act, we used the best 
scientific data available in determining areas that contain the 
features that are essential to the conservation of the guaj[oacute]n. 
We are not proposing to designate any areas outside the geographical 
area presently occupied by the species.
    We began our analysis by considering the historic distribution of 
and sites occupied by the species at the time of listing. We reviewed 
existing information to identify the historic distribution and sites 
occupied by the guaj[oacute]n at the time of listing. We also reviewed 
available information pertaining to the habitat requirements of this 
species. This information included literature cited in the final 
listing rule and the final recovery plan, site records, published 
scientific reports, recent aerial photos, materials submitted by other 
agencies for development project reviews, U.S. Geological Survey (USGS) 
topographic maps (scale 1:20,000), and office Geographic Information 
System (GIS) layers.
    An area was considered for designation if: (1) It was occupied by 
the guaj[oacute]n at the time of listing and possessed at least one or 
more of the PCEs; or (2) was not occupied at the time of listing, but 
is currently occupied by the guaj[oacute]n, and has been determined to 
be essential to the conservation of the species. These areas were 
deemed essential based on their ability to support life history and 
population-level functions for the guaj[oacute]n, as well as the need 
for sufficient habitat to protect existing populations.
    We selected areas of habitat known to be currently occupied by the 
species, based on field reports from the Puerto Rico Department of 
Natural and Environmental Resources (DNER) and the PRCT, field visits 
from Service personnel, information from species' experts, and data 
cited in the scientific literature. Field reconnaissance was done in 
all areas for verification of presence/absence. Presence of the 
guaj[oacute]n was documented by listening to the distinctive call of 
the males.
    Based on this review and visual inspection of sites where the 
guaj[oacute]n was found, we identified 12 units that contain one or 
more of the PCEs. Areas not containing the PCEs are not included in the 
proposal. Such areas include high-flow streams and rivers; drainages 
with little or no vegetative cover; and drainages with rocks that were 
small, dispersed, or not forming crevices and grottoes. One area in the 
municipality of Maunabo and one area in the municipality of Patillas 
that were occupied by the guaj[oacute]n at the time of listing do not 
currently contain PCEs and the guaj[oacute]n was not observed or 
recorded in consecutive visits to these sites in March and April 2006. 
Therefore we are not including either of these areas in our proposed 
designation.
    Boundaries for each unit were determined based on known 
guaj[oacute]n sightings, topographical features known to be needed by 
the species, the range of elevations used by the species, and visual 
inspection of the units. This habitat includes streams with patches of 
rocks and associated riparian vegetation that provides foraging habitat 
for the guaj[oacute]n. We have included a foraging area of 99 ft (30 m) 
along creeks and drainages as a result of observations by experts that 
the foraging habitat of the guaj[oacute]n may extend outside the 
streambed in vegetated areas as far as 30 meters from the water source 
(Vega-Castillo, pers. obs., 2001). Data layers defining map units were 
created by delineating habitats that contained at least one or more of 
the PCEs identified above over USGS topographic maps (UTM 19, NAD 83). 
Municipal boundaries, rivers, and creeks layers were provided by the 
Puerto Rico Planning Board (PRPB) but adapted and verified over a base 
map of USGS 1:20,000 quadrangles. The roads layer was created at the 
Boquer[oacute]n Field Office using a base map of USGS 1:20,000 
quadrangles. Quadrangles used were: Humacao, Punta Guayan[eacute]s, 
Juncos, Yabucoa, Punta Tuna, and Patillas.
    We propose to designate critical habitat on lands that we have 
determined were occupied at the time of listing and contain sufficient 
primary constituent elements to support life history functions 
essential for the conservation of the species (9 units), and additional 
areas not occupied at the time of listing that provide habitat 
essential to the conservation of the species (3 units). The 12 units 
that we are proposing as critical habitat encompass approximately 217.2 
ac (88 ha) within the municipalities of Humacao, Las Piedras, Maunabo, 
Patillas, and Yabucoa. The proposed units contain habitat that supports 
biological and population-level functions (including needs for food, 
shelter, breeding sites, foraging, and population expansion) of the 
guaj[oacute]n. Changes in the composition and abundance of vegetation 
surrounding guaj[oacute]n habitat, degradation of water quality due to 
agricultural practices (e.g., use of herbicides, fertilizers, or 
insecticides), and pollution of streams caused by human refuse are 
threats to the guaj[oacute]n that require special management. A brief 
discussion of each unit proposed as critical habitat is provided in the 
unit descriptions below.
    When determining proposed critical habitat boundaries, we made 
every effort to avoid proposing the designation of developed areas such 
as buildings or houses, paved areas, and other structures that lack 
PCEs for the guaj[oacute]n. When it has not been possible to map out 
these structures and the land upon which they are sited because of 
scale issues, they have been excluded from the proposed designation by 
rule text. Therefore, Federal actions limited to these areas would not 
trigger section 7 consultation, unless they affect the species and/or 
PCEs in adjacent critical habitat.

Special Management Considerations or Protection

    When designating critical habitat, we assess whether the areas 
determined to be occupied at the time of listing and containing the 
PCEs may require special management considerations or protection. As 
discussed in more detail in the unit description below, we find that 
units occupied at the time of listing (Units 1, 2, 4, 5, 6, 7, 8, 9, 
and 10) may require special management considerations or protection due 
to threats to the guaj[oacute]n and/or its habitat. All these proposed 
units are adjacent to agricultural lands, roads, trails, homes, or 
other manmade structures. Management considerations and protection 
include protection of the guaj[oacute]n and its habitat from threats 
posed by deforestation and earth movement near streams for road 
construction, and for agricultural, urban, and rural development. These 
threats may result in changes in the composition and abundance of 
vegetation surrounding guaj[oacute]n habitat, as well as degradation of 
water quality from illegal garbage dumping, untreated sewage, and 
agricultural practices (e.g., use of herbicides, fertilizers, or 
insecticides).

[[Page 58960]]

Proposed Critical Habitat Designation

    We are proposing 12 units as critical habitat for the 
guaj[oacute]n. The critical habitat areas described below constitute 
our best assessment at this time of areas determined to be occupied at 
the time of listing, contain the primary constituent elements, and that 
may require special management (9 units), and those additional areas 
that were not occupied at the time of listing but were found to be 
essential to the conservation of the guaj[oacute]n (3 units). The 12 
areas proposed as critical habitat are: Mariana, Montones, Tejas, 
Emajagua, Jacaboa, Calabazas, Guayan[eacute]s, Panduras, Talante, 
Guayabota, Guayabito, and Guayabo Units.

                       Table 1.--Areas Proposed as Critical Habitat for the Guaj[oacute]n.
                    [Area estimates reflect all land within critical habitat unit boundaries]
----------------------------------------------------------------------------------------------------------------
     Proposed critical habitat unit                 Land ownership                       Area (ac (ha))
----------------------------------------------------------------------------------------------------------------
1. Mariana, Humacao, PR.................  Private...........................  23.6 (9.6)
2. Montones, Las Piedras, PR............  Private...........................  31.1 (12.6)
3. Tejas, Las Piedras, PR...............  Private...........................  5.2 (2.1)
4. Emajagua, Maunabo, PR................  Private...........................  33.0 (13.4)
5. Jacaboa, Patillas, PR................  Private...........................  10.3 (4.2)
6. Calabazas, Yabucoa, PR...............  Private...........................  13.8 (5.6)
7. Guayan[eacute]s, Yabucoa, PR.........  Private...........................  7.9 (3.2)
8. Panduras, Yabucoa, PR................  Private...........................  28.6 (11.6)
9. Talante, Yabucoa, PR.................  Private...........................  23.5 (9.5)
10. Guayabota, Yabucoa, PR..............  Private...........................  13.1 (5.3)
11. Guayabito, Yabucoa, PR..............  Private...........................  17.3 (7.0)
12. Guayabo, Yabucoa, PR................  Private...........................  9.8 (3.9)
                                                                             -----------------------------------
    Total...............................  ..................................  217.2 ac (88 ha)
----------------------------------------------------------------------------------------------------------------

    We present brief descriptions of all units, the primary constituent 
elements they contain, and reasons why they meet the definition of 
critical habitat for the guaj[oacute]n, below. Universal Transverse 
Mercator (UTM) coordinates and more precise legal descriptions of each 
unit are provided in the Proposed Regulation Promulgation section.

Unit 1: Mariana Unit

    Unit 1 consists of approximately 23.6 ac (9.6 ha) located south of 
Road PR-909, west of Road PR-3, and north of Quebrada Cata[ntilde]ao 
within Mariana Ward, Humacao. Unit 1 contains 5,412.8 ft (1,649.8 m) of 
an unnamed, rocky stream with abundant water, a guaj[oacute]n foraging 
area extending laterally 99 ft (30 m) from each bank of the stream, and 
secondary forest on all sides of the stream. This unit was known to be 
occupied at the time of listing (J. Sustache, DNER database, 1996). 
Every PCE is found within this unit, and presence of the species and 
PCEs at this site was confirmed by the Service in March 2006. Threats 
that may require special management considerations, due to the 
proximity of Unit 1 to urbanized areas and infrastructure (e.g., major 
roads), include changes in the composition and abundance of vegetation 
surrounding guaj[oacute]n habitat (PCEs 1 and 3), degradation of water 
quality due to agricultural practices (e.g., use of herbicides, 
fertilizers, or insecticides), and pollution of streams caused by human 
refuse (PCE 2).

Unit 2: Montones Unit

    Unit 2 consists of approximately 31.1 ac (12.6 ha) in Montones 
Ward, Las Piedras. It contains 6,941.7 ft (2,115.8 m) of the headwaters 
of the Valenciano River in the vicinity of PR 917 Km 9.7, and a 
guaj[oacute]n foraging area of 99 ft (30 m) on each side of the river. 
This unit was known to be occupied at the time of listing (F. Bird-
Pic[oacute], DNER database, 1996). Although some sections of this unit 
do not contain PCE 1, all other PCEs are found within this unit (a 
rocky stream with abundant water surrounded by secondary forest, and a 
rocky creek surrounded by vines, herbaceous vegetation, shrubs, and 
trees). In some areas of the creek, the water disappears underground 
and reappears at various intervals. The presence of the species and 
PCEs at this site was confirmed by the Service in March 2006. Threats 
that may require special management considerations, due to the 
proximity of Unit 2 to urbanized areas and infrastructure (e.g., 
roads), include changes in the composition and abundance of vegetation 
surrounding guaj[oacute]n habitat (PCE 1 and 3), degradation of water 
quality due to agricultural practices (e.g., use of herbicides, 
fertilizers, or insecticides), and pollution of streams caused by human 
refuse (PCE 2).

Unit 3: Tejas Unit

    Unit 3 consists of approximately 5.2 ac (2.1 ha) located between 
Road PR-905 to the east, Road PR-908 to the west, Road PR-9921 to the 
north, and Road PR-9904 to the south within Tejas Ward, Las Piedras. It 
contains 1,312 ft (400 m)) of an unnamed tributary of the R[iacute]o 
Humacao, and a guaj[oacute]n foraging area of 99 ft (30 m) on each side 
of the tributary. This unit was not known to be occupied at the time of 
listing. Every PCE is found within this unit (the area contains a rocky 
creek surrounded by vines, herbaceous vegetation, shrubs, and trees), 
and this was confirmed by the Service in March 2006. Unit 3 is 
essential to the conservation of the guaj[oacute]n. The guaj[oacute]n 
was listed under the Act primarily due to its highly restricted 
geographical distribution and its specialized habitat requirements 
(Joglar 1998, p. 73). Thus, protection of all existing populations of 
the guaj[oacute]n is important to the conservation of the species. The 
habitat of this species is naturally fragmented, and the majority of 
the known populations are on private land where increased levels of 
land development in southeastern Puerto Rico are occurring where the 
species occurs, and threaten to further reduce and fragment the 
species' habitat, distribution, and survival (Joglar 1998, p. 73). 
Being a habitat specialist, the guaj[oacute]n is adapted to particular 
environmental conditions, and abrupt changes in these conditions could 
result in population declines. Additionally, fragmenting habitat 
through human intrusions, such as roads, makes populations less 
resilient to natural population declines (Pechman et al. 1991, p. 895). 
Because it is occupied by the species and contains sufficient PCEs

[[Page 58961]]

to support the life functions of the species, Unit 3 is essential to 
the conservation of the species.

Unit 4: Emajagua Unit

    Unit 4 consists of approximately 33.0 ac (13.4 ha) between Quebrada 
Arenas and Quebrada Emajagua, north of Road PR-901 (on the periphery of 
an underground tunnel under construction), within Emajagua Ward, 
Maunabo. It contains three connected, unnamed streams/drainages 
totaling about 7,400 ft (2,256 m), and a guaj[oacute]n foraging area of 
99 ft (30 m) on each side of the streams/drainages. This unit was known 
to be occupied at the time of listing (R. Thomas, DNER database, 1965). 
Every PCE is found within this unit, and presence of the species and 
PCEs at this site was confirmed by the Service in April 2006. Threats 
that may require special management considerations, due to the 
proximity of Unit 4 to urbanized areas and infrastructure (e.g., major 
roads), include changes in the composition and abundance of vegetation 
surrounding guaj[oacute]n habitat (PCEs 1 and 3) and pollution of 
streams caused by human refuse (PCE 2).

Unit 5: Jacaboa Unit

    Unit 5 consists of approximately 10.3 ac (4.2 ha) northwest of road 
PR-758 within R[iacute]os Ward, Patillas. It contains 2,334.6 ft (711.6 
m) of an unnamed rocky drainage to the Jacaboa River, and a 
guaj[oacute]n foraging area of 99 ft (30 m) on each side of the 
drainage. This unit was known to be occupied at the time of listing (R. 
Thomas, DNER database, 1965). Every PCE is found within this unit (it 
contains a rocky creek with small and large sedimentary rocks and 
boulders, closed forest canopy over the creek, and closed, mature 
forest along the shores, including some bamboo stands). The presence of 
the species and PCEs at this site was confirmed by the Service in April 
2006. Threats that may require special management considerations, due 
to the proximity of Unit 5 to urbanized areas and infrastructure (e.g., 
roads), include changes in the composition and abundance of vegetation 
surrounding guaj[oacute]n habitat (PCEs 1 and 3), degradation of water 
quality due to agricultural practices (e.g., use of herbicides, 
fertilizers, or insecticides) and pollution of streams caused by human 
refuse (PCE 2).

Unit 6: Calabazas Unit

    Unit 6 consists of approximately 13.8 ac (5.6 ha) located northeast 
of road PR-900, between Quebrada Guayabo to the south and R[iacute]o 
Guayan[eacute]s to the north, within Calabazas Ward, Yabucoa. The unit 
contains a 3,198 ft (975 m) stretch of a rocky creek surrounded by 
vines, herbaceous vegetation, shrubs, and trees, and a guaj[oacute]n 
foraging area of 99 ft (30 m) on each side of the drainage. This unit 
was known to be occupied at the time of listing (J. Montero, DNER 
database, 1988). Every PCE is found within this unit, and presence of 
the species and PCEs at this site was confirmed by the Service in March 
2006. Threats that may require special management considerations, due 
to the proximity of Unit 6 to urbanized areas and infrastructure (e.g., 
roads), include changes in the composition and abundance of vegetation 
surrounding guaj[oacute]n habitat (PCEs 1 and 3), degradation of water 
quality due to agricultural practices (e.g., use of herbicides, 
fertilizers, or insecticides), and pollution of streams caused by human 
refuse (PCE 2).

Unit 7: Guayan[eacute]s Unit

    Unit 7 consists of approximately 7.9 ac (3.2 ha) northeast of Road 
PR-900 between Quebrada Guayabo to the south and R[iacute]o 
Guayan[eacute]s to the north, and north of Unit 6, within Calabazas 
Ward, Yabucoa. It contains 4,265 ft (1,300 m) of an unnamed drainage, 
and a guaj[oacute]n foraging area of 99 ft (30 m) on each side of the 
drainage. This unit was known to be occupied at the time of listing (J. 
Montero, DNER database, 1988). Every PCE is found within this unit (it 
contains a rocky creek surrounded by vines, herbaceous vegetation, 
shrubs, and trees). The presence of the species and PCEs at this site 
was confirmed by the Service in March 2006. Threats that may require 
special management considerations, due to the proximity of Unit 7 to 
urbanized areas and infrastructure (e.g., roads), include changes in 
the composition and abundance of vegetation surrounding guaj[oacute]n 
habitat (PCEs 1 and 3), degradation of water quality due to 
agricultural practices (e.g., use of herbicides, fertilizers, or 
insecticides), and pollution of streams caused by human refuse (PCE 2).

Unit 8: Panduras Unit

    Unit 8 consists of approximately 28.6 ac (11.6 ha) to the northwest 
and southeast of Road PR-3 within Calabazas Ward, Yabucoa. It contains 
2,314.1 ft (705.6 m) of an unnamed drainage, a guaj[oacute]n foraging 
area of 99 ft (30 m) on each side of the drainage, and 18.2 ac (7.4 ha) 
of lands owned by the PRCT near the top of Cerro La Pandura. This unit 
was known to be occupied at the time of listing (J. Rivero 1998, DNER 
database, 1978). Every PCE is found within this unit (it contains a 
rocky area with medium and large granite boulders, a drainage with 
closed-canopy forest over the drainage, and closed, mature forest along 
the edges). The presence of the species and PCEs at this site was 
confirmed by the Service in March 2006. Threats that may require 
special management considerations, due to the proximity of Unit 8 to 
urbanized areas and infrastructure (e.g., roads), include changes in 
the composition and abundance of vegetation surrounding guaj[oacute]n 
habitat (PCEs 1 and 3) and pollution of streams caused by human refuse 
(PCE 2). This area does not currently have a management plan (Fernando 
Silva, pers. comm., 2006).

Unit 9: Talante Unit

    Unit 9 consists of approximately 23.5 ac (9.5 ha) east of Road PR-3 
within Calabazas Ward and Talante Ward, Yabucoa. It contains the 
headwaters of the Talante Creek, five unnamed drainages (totaling about 
3,500 ft (1,061 m)), and a guaj[oacute]n foraging area of 99 ft (30 m) 
on each side of the creek and drainages. About 2.8 ac (1.1 ha) of Unit 
9 are within Calabazas Ward, and the remaining 21.6 ac (8.7 ha) are 
within Talante Ward. This unit was known to be occupied at the time of 
listing (J. Rivero 1998, DNER database, 1978). Every PCE is found 
within this unit (it contains drainages with medium and large granite 
boulders that are surrounded by vines, herbaceous vegetation, shrubs, 
and trees, and that connect to a small rocky creek; some patches 
contain big rocks that are completely exposed to the sun or covered 
with vines). The presence of the species and PCEs at this site was 
confirmed by the Service in April 2006. Threats that may require 
special management considerations, due to the proximity of Unit 9 to 
urbanized areas and infrastructure (e.g., major roads), include changes 
in the composition and abundance of vegetation surrounding 
guaj[oacute]n habitat (PCEs 1 and 3), degradation of water quality due 
to agricultural practices (e.g., use of herbicides, fertilizers, or 
insecticides) and pollution of streams caused by human refuse (PCE 2).

Unit 10: Guayabota Unit

    Unit 10 consists of approximately 13.1 ac (5.3 ha) northeast of 
intersection of roads PR-181 and PR-182, and south of the municipal 
boundary with San Lorenzo, within Guayabota Ward, Yabucoa. It contains 
a small unnamed creek (about 700 ft (212 m)), and a guaj[oacute]n 
foraging area of 99 ft (30 m) on each side of the creek. This unit was 
known to be occupied at the time of

[[Page 58962]]

listing (J. Rivero, DNER database, 1980; Burrowes 1997). Every PCE is 
found within this unit. The northwest section of the rocky creek (large 
and medium granite boulders) is surrounded by closed canopy over the 
creek, with herbaceous vegetation and some trees along the shore. The 
southeastern section of the rocky creek has large and medium 
sedimentary boulders and is surrounded by semi-closed canopy over the 
creek and shores that are primarily exposed to the sun, with some areas 
covered with grass. The presence of the species and PCEs at this site 
was confirmed by the Service in April 2006. Threats that may require 
special management considerations, due to the proximity of this unit to 
urbanized areas and infrastructure (e.g., roads), include changes in 
the composition and abundance of vegetation surrounding guaj[oacute]n 
habitat (PCEs 1 and 3), degradation of water quality due to 
agricultural practices (e.g., use of herbicides, fertilizers, or 
insecticides), and pollution of streams caused by human refuse (PCE 2).

Unit 11: Guayabito Unit

    Unit 11 consists of approximately 17.3 ac (7.0 ha) south of Road 
PR-900 and north of the Maunabo boundary, within Guayabota Ward, 
Yabucoa. It contains 1,232.6 ft (4,042 m) of an unnamed drainage and 
tributary that connect to Quebrada Guayabo, and a guaj[oacute]n 
foraging area of 99 ft (30 m) on each side of both the drainage and 
tributary. This unit was not known to be occupied at the time of 
listing. The unit is split into a rocky drainage to the west (large, 
clumped, granite boulders), and a rocky creek to the east (large 
granite boulders). Both are surrounded by closed canopy over the 
drainage and creek, and closed mature forest along the shores. Thus, 
every PCE is found within this unit, and presence of the species and 
PCEs at this site was confirmed by the Service in April 2006. Unit 11 
is essential to the conservation of the guaj[oacute]n for several 
reasons. The boulders and closed canopy provide the essential habitat 
for guaj[oacute]n reproduction and foraging. The guaj[oacute]n was 
listed primarily due to its highly restricted geographical distribution 
and habitat requirements (Joglar 1998, p. 73). The habitat of this 
species is naturally fragmented, and the majority of the known 
populations are on private land, where the increased levels of land 
development currently occurring in southeastern Puerto Rico threatens 
to further reduce and fragment the species' habitat, distribution, and 
survival (Joglar 1998, p. 73). Being a habitat specialist, the 
guaj[oacute]n is adapted to particular environmental conditions, and 
abrupt changes in these conditions could result in population declines. 
Additionally, fragmenting habitat through human intrusions such as 
roads makes populations less resilient to natural population declines 
(Pechman et al. 1991, p. 895). Protection of all existing populations 
of the guaj[oacute]n is extremely important due to its limited 
distribution and the specialized habitat it occupies.

Unit 12: Guayabo Unit

    Unit 12 consists of approximately 9.8 ac (3.9 ha) along Quebrada 
Guayabo, along and south of Road PR-900 in Guayabota Ward, Yabucoa. It 
contains 2,247.5 ft (685 m) of the southwesternmost section of Quebrada 
Guayabo, and a guaj[oacute]n foraging area of 99 ft (30 m) on each side 
of the stream. This unit was not known to be occupied at the time of 
listing. Every PCE is found within this unit and pr