Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Guajo, 33715-33732 [07-3031]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 72, Number 117 (Tuesday, June 19, 2007)]
[Proposed Rules]
[Pages 33715-33732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3031]


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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 Guajon (Eleutherodactylus cooki)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Revised proposed rule; reopening of comment period, 
availability of draft economic analysis, and amended Required 
Determinations.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
revised proposed critical habitat designation for the guaj[oacute]n 
(Eleutherodactylus cooki). We are reopening the public comment period 
to accept comments on proposed additional critical habitat units and 
revised required determinations, and also to announce the availability 
of and accept comments on our draft economic analysis of the proposed 
designation of critical habitat under the Endangered Species Act of 
1973, as amended (Act). We are allowing all interested parties an 
opportunity to comment simultaneously on the original proposed rule, 
the proposed additional critical habitat units, the revised required 
determinations, and the associated draft economic analysis. If you 
submitted comments previously on the original proposed rule, you need 
not resubmit them, as we will incorporate them into the public record 
and fully consider them as we prepare the final rule. We are proposing 
five additional critical habitat units totaling 43.4 acres (ac) (17.5 
hectares (ha)). With their inclusion, we are proposing 17 critical 
habitat units for the species, for a total of 260.6 ac (105.6 ha). The 
amendments we propose in this document are in addition to, and not in 
lieu of, the proposed designation we published in our original proposed 
rule of October 5, 2006. The draft economic analysis, that includes the 
additional units, finds that potential future costs associated with 
conservation activities for the guaj[oacute]n are estimated at $4.34 
million in undiscounted dollars, $4.28 million when discounted at 3 
percent, and $4.23 million when discounted at 7 percent over the 20 
year period 2007-2026. Annualized future costs are $288,000 and 
$399,000 using a 3 percent and 7 percent discount rate, respectively.

DATES: We will accept public comments until July 19, 2007.

ADDRESSES: If you wish to comment, you may submit your comments and 
information concerning this proposal, identified by ``Attn: Guajon 
Proposed Rule,'' by any one of the following methods:
    1. Mail: 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. Hand delivery: You may hand-deliver written comments to us at 
the following address: Cabo Rojo National Wildlife Refuge Visitor 
Center, Boquer[oacute]n Field Office, PR-301, km. 5.1, Boquer[oacute]n, 
PR.
    3. E-mail: 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.
    1. Facsimile: You may fax your comments to 787-851-7440.
    5. Federal Rulemaking Portal: Submit comments via the Federal 
Rulemaking portal at https://www.regulations.gov. Follow the 
instructions on the site for submitting comments.
    Please see the Public Comments Solicited section below for more 
information about submitting comments or viewing our received 
materials.

FOR FURTHER INFORMATION CONTACT: Jorge E. Saliva, Ph.D., 
Boquer[oacute]n Field Office, P.O. Box 491, Boquer[oacute]n, PR 00622 
(telephone 787-851-7297 x 224; facsimile (787-851-7440)). Persons who 
use the telecommunications device for the deaf (TDD) may call the 
Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Public Comments Solicited

    We are accepting written comments and information during this 
reopened comment period. We solicit comments on the original proposed 
critical habitat designation for the guaj[oacute]n published in the 
Federal Register on October 5, 2006 (71 FR 58954), the inclusion of the 
additional units proposed in this document, and our draft economic 
analysis of the proposed designation. We will consider information and 
recommendations from all interested

[[Page 33716]]

parties. We are particularly interested in comments concerning:
    (1) The reasons why habitat should or should not be designated as 
critical habitat for the guaj[oacute]n under section 4 of the Act (16 
U.S.C. 1531 et seq.), including whether the benefit of designation 
would outweigh threats to the species caused by designation such that 
designation of critical habitat is prudent;
    (2) Specific information on the amount and distribution of 
guaj[oacute]n habitat, particularly what areas should be included in 
the designation that were occupied at the time of listing and 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, and the benefits of including or excluding 
areas that exhibit these impacts; the reasons why our conclusion that 
the proposed designation of critical habitat will not result in a 
disproportionate effect on small businesses should or should not 
warrant further consideration; and other information that would 
indicate that the designation of critical habitat would or would not 
have any impacts on small entities.
    (5) Information on whether the draft economic analysis identifies 
all local costs attributable to the proposed critical habitat 
designation, and information on any costs that have been inadvertently 
overlooked;
    (6) Whether the draft economic analysis makes appropriate 
assumptions regarding current practices and likely regulatory changes 
imposed as a result of the designation of critical habitat;
    (7) Whether the draft economic analysis correctly assesses the 
effect on regional costs associated with any land use controls that may 
derive from the designation of critical habitat;
    (8) Whether the draft economic analysis appropriately identifies 
all costs and benefits that could result from the designation;
    (9) 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; and
    (10) Economic data on the incremental effects that would result 
from designating any particular area as critical habitat.
    Pursuant to section 4(b)(2) of the Act, we may exclude an area from 
critical habitat if we determine that the benefits of such exclusion 
outweigh the benefits of including a particular area as critical 
habitat, unless the failure to designate such area will result in the 
extinction of the species. We may exclude an area from designated 
critical habitat based on economic impacts, national security, or any 
other relevant impact.
    If you submitted previous comments and information during the 
initial comment period on the October 5, 2006, proposed rule (71 FR 
58954) you need not resubmit them because they are currently part of 
our record and will be considered in the development of the final rule. 
If you wish to comment, you may submit your comments and materials 
concerning the proposed rule, proposed additional units, draft economic 
analysis, and amended Required Determinations by any one of several 
methods (see ADDRESSES). Our final designation of critical habitat will 
take into consideration all comments and any additional information we 
received during both comment periods. On the basis of information 
received during the public comment period, in the critical habitat 
proposal, and in the final economic analysis, we may during the 
development of our final critical habitat determination, find that 
areas proposed are not essential, are appropriate for exclusion under 
section 4(b)(2) of the Act, or are not appropriate for exclusion.
    If submitting comments electronically, 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 
electronic message, contact the person listed under FOR FURTHER 
INFORMATION CONTACT.

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so. 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 located at the Cabo Rojo 
National Wildlife Refuge (see ADDRESSES).
    You may obtain copies of the original proposed rule and the draft 
economic analysis by visiting our Web site at https://www.fws.gov/
southeast or by contacting the Boqueron Field Office at the address or 
contact numbers under ADDRESSES.

Background

    The guajon is a petricolous (i.e., inhabiting rocky areas) frog 
species endemic to the southeastern part of Puerto Rico. The guajon 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; this listing was effective on July 11, 1997. On 
October 5, 2006, we published a proposed rule (71 FR 58954) to 
designate critical habitat for the guajon. We proposed 12 units that 
contain one or more of the primary constituent elements (PCEs) (i.e., 
biological or physical features essential to the conservation of the 
species). Such features include subtropical forest at elevations from 
118 to 1183 feet (ft) (36 to 361 meters (m)) above sea level; plutonic, 
granitic, or sedimentary rocks or boulders that form caves, crevices, 
and grottoes (interstitial spaces) in a streambed in proximity, or 
connected to, a permanent, ephemeral, or subterranean clear-water 
stream or water source; and vegetation over rocks along drainages and 
vegetated streambed that extend laterally up to 99 ft (30 m) from the 
banks of a stream or drainage. Areas that do not contain at least one 
of the PCEs and are not currently occupied by the species were not 
included in the proposal. Boundaries for each proposed critical habitat 
unit were determined based on known guajon sightings, topographical 
features known to be needed by the species, the range of elevations 
used by the species, and visual inspection of the units. In the 
proposed rule (71 FR 58954), we proposed to designate 9 units on lands 
determined to be occupied at the time of listing and containing 
sufficient PCEs to support life history functions essential for the 
conservation of the species, and 3 units on lands not known to be 
occupied at the time of listing, but that provide habitat essential to 
the conservation of the species. The 12 units that we proposed as 
critical habitat in 71 FR 58954 encompass approximately 217.2 ac (88 
ha) within the municipalities of

[[Page 33717]]

Humacao, Las Piedras, Maunabo, Patillas, and Yabucoa in Puerto Rico and 
are: Mariana, Montones, Tejas, Emajagua, Jacaboa, Calabazas, 
Guayan[eacute]s, Panduras, Talante, Guayabota, Guayabito, and Guayabo.
    We now revise our original proposed rule (71 FR 58954) to add five 
additional units, as described in the next section. As a result of 
these additions, and revisions to the original proposed rule's acreage 
figures presented in Table 1 below, the proposed critical habitat now 
encompasses 260.6 ac (105.6 ha).
    Critical habitat is defined in section 3 of the Act as the specific 
areas within the geographic 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 essential to the conservation of the species and 
that may require special management considerations or protection, and 
specific areas outside the geographic 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. If the proposed rule is made 
final, section 7 of the Act will prohibit destruction or adverse 
modification of critical habitat by any activity funded, authorized, or 
carried out by any Federal agency. Federal agencies proposing actions 
affecting areas designated as critical habitat must consult with us on 
the effects of their proposed actions, pursuant to section 7(a)(2) of 
the Act.

Additional Proposed Critical Habitat Units

    By this publication in the Federal Register, we advise the public 
of our proposed inclusion of five additional critical habitat units 
over what we proposed in our October 5, 2006, proposed rule (71 FR 
58954). During the comment period for the original proposed rule, we 
received letters from the Puerto Rico Department of Natural and 
Environmental Resources (PRDNER) and the Center for Biological 
Diversity (CBD) which included information on additional sites within 
the historical range of the guaj[oacute]n that were occupied at the 
time of listing and support suitable habitat for the species. In total, 
nine sites were recommended. These organizations recommended that the 
Service include these nine sites in the critical habitat designation.
    Each of these nine sites was visited by the Service to confirm the 
presence or absence of guaj[oacute]n and the PCEs. As a result of these 
site visits, we now propose five of the nine recommended units (which 
we call Units 13-17) as additional critical habitat. A site 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. All five of the units described 
above are in close proximity with or connected to one or more of the 
units described in the original proposed rule. Unit 13 is in the 
immediate vicinity of Units 8 and 9 within the Panduras and Talante 
Wards; Units 14 and 15 are in the immediate vicinity of Unit 10 and 
only separated from it by R[iacute]o Grande de Lo[iacute]za; Unit 16 is 
connected to Unit 2 through R[iacute]o Valenciano; and Unit 17 is 
connected to Unit 11 and Unit 12 through Quebrada Guayabo.
    Six of the recommended sites have been part of the guaj[oacute]n 
study areas of Dr. Rafael Joglar and Dr. Patricia Burrowes since the 
early 1990s (Joglar 1992; Burrowes 1997). Of the 6 sites recommended by 
CBD, 4 sites have at least one PCE and guaj[oacute]n present (Unit 13, 
Unit 14, Unit 15, and Unit 17). These sites were occupied at the time 
of listing (i.e., prior to June 1997) (Drewry 1986; Moreno 1991; Joglar 
1992; Joglar et al. 1996). One site was not included because it did not 
contain at least one PCE and the species was not present, and one site 
was determined to be the same as the Emajagua Unit described in the 
October 5, 2006, proposed rule. Only one other site was located and 
verified (Unit 16), and was not occupied at the time of listing. Two 
sites could not be found following the directions provided in the 
comment.
    These five units (Units 13-17) share the following characteristics: 
(1) They are within the historical range of the species and, with the 
exception of Unit 16, were occupied at the time of listing; (2) they 
provide PCEs necessary for the long-term persistence of guaj[oacute]n 
populations (e.g., caves or large plutonic, granitic, or sedimentary 
boulders that form crevices and grottoes, forested streambeds where 
guaj[oacute]n may forage, and high humidity); and (3) they are 
currently occupied. Unit 16 is essential to the conservation of the 
species because of the representation, redundancy, and resiliency it 
adds to the critical habitat designation. Below, we present brief 
descriptions of the five units, the PCEs they contain, and reasons why 
they meet the definition of critical habitat for the guajo.

Unit 13: El Cielito Unit

    Unit 13 consists of approximately 7.84 ac (3.17 ha), between the 
municipal boundary of Yabucoa to the north, PR-759 to the south and 
west, and PR-3 to the east, within Talante Ward, Maunabo. It includes 
1,778.15 ft (541.98 m) of a drainage that connects with Quebrada 
Tumbada, and a guaj[oacute]n foraging area extending laterally 99 ft 
(30 m) from each side of the drainage. This unit was occupied at the 
time of listing (Joglar, pers. comm., 2007). It consists of a steep, 
forested drainage with large granite boulders forming large caves, 
vegetation-covered rocks, and with high humidity. No surface running 
water is present, but humidity is maintained through percolation from 
underground water. All PCEs are found within this unit. The presence of 
the species and PCEs at this site was confirmed by the Service in 
February 2007. Threats that may require special management 
considerations, due to Unit 13 being located on a private farm about 
1.2 miles (mi) (2 kilometers (km)) to the west of PR-3, 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 or underground aquifers caused 
by human and domestic animal refuse (PCE 2).

Unit 14: Verraco Unit

    Unit 14 consists of approximately 8.9 ac (3.6 ha), between PR-181 
to the north and west, R[iacute]o Grande de Lo[iacute]za to the east 
and south, and the municipal boundary of Yabucoa to the south, within 
Espino Ward, San Lorenzo. It includes three drainages that connect with 
Quebrada Verraco, and a guaj[oacute]n foraging area extending laterally 
99 ft (30 m) from each side of each drainage. This unit was occupied at 
the time of listing (Burrowes 1997). It is heavily forested and humid, 
and contains very large granite boulder formations covered with 
vegetation. No surface running water is present, but humidity is 
maintained through percolation from underground water. All PCEs are 
found within this unit. The presence of the species and PCEs at this 
site was confirmed by the Service in February 2007. Threats that may 
require special management considerations, due to Unit 14 being located 
in a private farm about 0.9 mi (1.5 km) from Rd 181, 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/underground aquifers caused by 
human and domestic animal refuse (PCE 2).

[[Page 33718]]

Unit 15: Cueva Marcela Unit

    Unit 15 is referred to as Cuevas Do[ntilde]a Marcela by Burrowes 
(1997, 2000) and Burrowes and Joglar (1999), and consists of 
approximately 7.4 ac (3.02 ha) between PR-181 and Quebrada Verraco to 
the north, PR-181 to the west, and R[iacute]o Grande de Lo[iacute]za 
and the municipal boundary of Yabucoa to the south, within Espino Ward, 
San Lorenzo. It includes two drainages that are not connected and a 
guaj[oacute]n foraging area extending laterally 99 ft (30 m) from each 
side of each drainage. The north drainage is approximately 4.28 ac 
(1.73 ha), and the south drainage is approximately 3.2 ac (1.3 ha). 
This unit was occupied at the time of listing (Joglar 1996). Both 
drainages have large, vegetation-covered granite boulders that create 
caves within patchy secondary forest. There is no surface running 
water, but humidity is maintained through puddles and intermittent 
streams formed during rainy events. All PCEs are found within this 
unit. The presence of the species and PCEs at this site was confirmed 
by the Service in February 2007. Threats that may require special 
management considerations, due to Unit 15 being located on a private 
farm about 1.2 mi (2 km) from Road 181, 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 or underground aquifers caused 
by human and domestic animal refuse (PCE 2).

Unit 16: Ceiba Sur Unit

    Unit 16 consists of approximately 13.92 ac (5.63 ha) between Road 
PR-9934 to the east, and Road PR-919 to the west within Ceiba Sur Ward, 
Juncos. It includes 3,123 ft (951.91 m) of an intermittent stream that 
connects with the R[iacute]o Valenciano, and a guaj[oacute]n foraging 
area extending laterally 99 ft (30 m) on each side of the drainage. 
This unit was not known to be occupied at the time of listing. All PCEs 
are found within this unit. Presence of the species and PCEs at this 
site was confirmed by the Service in January 2007. The area has high 
humidity and contains densely forested stream banks, large sedimentary 
rocks, and vegetation-covered rocks. Unit 16 is essential to the 
conservation of the guaj[oacute]n for several reasons. The intermittent 
stream, large rocks, and closed canopy of Unit 16 provide habitat 
essential to the guaj[oacute]n for food, shelter, breeding, foraging, 
and population expansion. 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 where the species occurs, 
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 existing populations of the 
guaj[oacute]n is extremely important due to its limited distribution 
and the specialized habitat it occupies.

Unit 17: Playita Unit

    Unit 17 consists of approximately 5.27 ac (2.13 ha), between PR-900 
to the north and east and the municipal boundary of Maunabo to the 
south, within Calabazas Ward, Yabucoa. It includes 1,208.9 ft (368.47 
m) of a forested stream that connect with R[iacute]o Guayabo, and a 
guaj[oacute]n foraging area extending laterally 99 ft (30 m) on each 
side of the drainage. This unit was occupied at the time of listing 
(Joglar, pers. comm., 2007). It is sparsely forested and humid, and it 
contains very large, vegetation-covered granite boulder formations. All 
PCEs are found within this unit. The presence of the species and PCEs 
at this site was confirmed by the Service in February 2007. Threats 
that may require special management considerations, due to Unit 17 
being located adjacent to private homes and close to an ancillary road 
to PR-900, include changes in the composition and abundance of 
vegetation surrounding guaj[oacute]n habitat (PCEs 1 and 3), 
degradation of water quality due to use of herbicides, fertilizers, or 
insecticides, and pollution of the stream caused by human and domestic 
animal refuse (PCE 2).
    The majority of the known populations of this species are on 
private land where increased levels of land development threaten to 
further reduce and fragment the species habitat, distribution, and 
survival (Joglar 1998, p. 73). Additionally, fragmentation of the 
habitat through human intrusions, such as roads, makes populations less 
resilient to natural population declines (Pechman et al. 1991, p. 895).
    The five additional proposed units total 43.4 ac (17.5 ha). As a 
result of these additions, and revisions to acreage figures from the 
original proposed rule presented in Table 1 below, the proposed 
critical habitat now encompasses 260.6 ac (105.6 ha) in 17 units. Table 
1 contains the corrected acreage (and hectare) values, including the 
43.4 additional ac (17.5 ha), we now propose for inclusion. Other than 
the changes described in this document, the proposed rule of October 5, 
2006 (71 FR 58954), remains intact. We will submit for publication in 
the Federal Register a final critical habitat designation guaj[oacute]n 
on or before October 1, 2007.

    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. Guayanes, 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)

[[Page 33719]]

 
13. El Cielito, Maunabo, PR....  Private...........  7.84 (3.17)
14. Verraco, San Lorenzo, PR...  Private...........  8.9 (3.6)
15. Cueva Marcela, San Lorenzo,  Private...........  7.47 (3.02)
 PR.
16. Ceiba Sur, Juncos, PR......  Private...........  13.92 (5.63)
17. Playita, Yabucoa, PR.......  Private...........  5.27 (2.13)
                                ----------------------------------------
    Total......................  ..................  260.6 ac (105.6 ha)
------------------------------------------------------------------------

Economic Analysis

    Section 4(b)(2) of the Act requires that we designate or revise 
critical habitat based upon the best scientific and commercial data 
available, after taking into consideration the economic impact, impact 
on national security, or any other relevant impact of specifying any 
particular area as critical habitat. We have prepared a draft economic 
analysis based on the October 5, 2006, proposed rule (71 FR 58954) plus 
the five additional units described in this document.
    The draft economic analysis considers the potential economic 
effects of all actions related to the conservation of the 
guaj[oacute]n, including costs associated with sections 4, 7, and 10 of 
the Act, as well as those attributable to designating critical habitat. 
It further considers the economic effects of protective measures taken 
as a result of other Federal, State, and local laws that aid habitat 
conservation for the guaj[oacute]n in proposed critical habitat areas. 
The draft analysis considers both economic efficiency and 
distributional effects. In the case of habitat conservation, efficiency 
effects generally reflect lost economic opportunities associated with 
restrictions on land use (opportunity costs). This analysis also 
addresses how potential economic impacts are likely to be distributed, 
including an assessment of any local or regional impacts of habitat 
conservation and the potential effects of conservation activities on 
small entities and the energy industry. This information can be used by 
decision makers to assess whether the effects of the designation might 
unduly burden a particular group or economic sector. Finally, this 
draft analysis looks retrospectively at costs that have been incurred 
since the date this species was listed as threatened (June 11, 1997; 62 
FR 31757), and considers those costs that may occur in the 20 years 
following designation of critical habitat (i.e., 20007-2026).
    The draft economic analysis is intended to quantify the economic 
impacts of all potential conservation efforts for the guaj[oacute]n; 
some of these costs will likely be incurred regardless of whether 
critical habitat is designated. Over the 20 year period 2007-2026, the 
draft economic analysis finds that costs associated with conservation 
activities for the guaj[oacute]n are estimated at $4.34 million in 
undiscounted dollars, $4.28 million when discounted at 3 percent, and 
$4.23 when discounted at 7 percent. Annualized future costs are 
$288,000 using a 3 percent discount rate and $399,000 using a 7 percent 
discount rate.
    As stated earlier, we solicit data and comments from the public on 
this draft economic analysis, as well as on all aspects of the 
proposal. We may revise the proposal, or its supporting documents, to 
incorporate or address new information received during the comment 
period.

Required Determinations--Amended

Regulatory Planning and Review

    In accordance with Executive Order 12866, this document is a 
significant rule because it may raise novel legal and policy issues. 
Based on our draft economic analysis of the proposed designation of 
critical habitat for the guaj[oacute]n, costs related to conservation 
activities for the guajon pursuant to sections 4, 7, and 10 of the Act 
are estimated to be approximately $4.34 million in undiscounted 
dollars. Discounted future costs are estimated to be $4.28 million 
($288,000 annually) at a 3 percent discount rate, or $4.23 million 
($399,000 annually) at a 7 percent discount rate. Therefore, based on 
our draft economic analysis, we have determined that the proposed 
designation of critical habitat for the guajon would not result in an 
annual effect on the economy of $100 million or more or affect the 
economy in a material way. Due to the timeline for publication in the 
Federal Register, the Office of Management and Budget (OMB) has not 
formally reviewed the proposed rule or accompanying economic analysis.
    Further, Executive Order 12866 directs Federal agencies 
promulgating regulations to evaluate regulatory alternatives (Office of 
Management and Budget, Circular A-4, September 17, 2003). Pursuant to 
Circular A-4, once it has been determined that the Federal regulatory 
action is appropriate, the agency will need to consider alternative 
regulatory approaches. Since the determination of critical habitat is a 
statutory requirement pursuant to the Act, we must then evaluate 
alternative regulatory approaches, where feasible, when promulgating a 
designation of critical habitat.
    In developing our designations of critical habitat, we consider 
economic impacts, impacts to national security, and other relevant 
impacts pursuant to section 4(b)(2) of the Act. Based on the discretion 
allowable under this provision, we may exclude any particular area from 
the designation of critical habitat providing that the benefits of such 
exclusion outweigh the benefits of specifying the area as critical 
habitat and that such exclusion would not result in the extinction of 
the species. We believe that the evaluation of the inclusion or 
exclusion of particular areas, or combination thereof, in a designation 
constitutes our regulatory alternative analysis.

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

    Under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) (5 U.S.C. 802(2)), whenever an agency is required to publish a 
notice of rulemaking for any proposed or final rule, it must prepare 
and make available for public comment a regulatory flexibility analysis 
that describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
However, no regulatory flexibility

[[Page 33720]]

analysis is required if the head of an agency certifies the rule will 
not have a significant economic impact on a substantial number of small 
entities. In our proposed rule, we withheld our determination of 
whether this designation would result in a significant effect as 
defined under SBREFA until we completed our draft economic analysis of 
the proposed designation so that we would have the factual basis for 
our determination.
    According to the Small Business Administration (SBA), small 
entities include small organizations, such as independent nonprofit 
organizations, and small governmental jurisdictions, including school 
boards and city and town governments that serve fewer than 50,000 
residents, as well as small businesses (13 CFR 121.201). Small 
businesses include manufacturing and mining concerns with fewer than 
500 employees, wholesale trade entities with fewer than 100 employees, 
retail and service businesses with less than $5 million in annual 
sales, general and heavy construction businesses with less than $27.5 
million in annual business, special trade contractors doing less than 
$11.5 million in annual business, and agricultural businesses with 
annual sales less than $750,000. To determine if potential economic 
impacts to these small entities are significant, we considered the 
types of activities that might trigger regulatory impacts under this 
designation as well as types of project modifications that may result. 
In general, the term significant economic impact is meant to apply to a 
typical small business firm's business operations.
    To determine if the proposed guajon critical habitat designation 
would affect a substantial number of small entities, we considered the 
number of small entities affected within particular types of economic 
activities (e.g., residential and commercial development and 
agriculture). We considered each industry or category individually to 
determine if certification is appropriate. In estimating the numbers of 
small entities potentially affected, we also considered whether their 
activities have any Federal involvement; some kinds of activities are 
unlikely to have any Federal involvement and so will not be affected by 
the designation of critical habitat. Designation of critical habitat 
only affects activities conducted, funded, permitted, or authorized by 
Federal agencies; non-Federal activities are not affected by the 
designation.
    In our draft economic analysis of the proposed critical habitat 
designation, we evaluated the potential economic effects on small 
business entities resulting from conservation actions related to the 
listing of the guajon and proposed designation of its critical habitat. 
This analysis estimated prospective economic impacts due to the 
implementation of guajon conservation efforts in four categories: (a) 
Deforestation and earth movement near streams for road construction; 
(b) agricultural practices (e.g., use of herbicides, fertilizers, or 
insecticides); (c) urban and rural development; and (d) degradation of 
water quality from illegal garbage dumping, untreated sewage, and 
fishing with chemicals. We determined from our analysis that in the 
economic impacts of the designation are expected to be borne primarily 
by the Puerto Rico Highway and Transportation Authority, an agency of 
the Commonwealth of Puerto Rico, during construction of PR Highway 53. 
However, the government of the Commonwealth does not fit the SBA 
criteria for a small entity. Consequently, we certify that the 
designation of critical habitat for the guaj[oacute]n will not result 
in a significant economic impact on a substantial number of small 
business entities. Please see the ``Economic Analysis'' section above 
and the draft economic analysis itself for a more detailed discussion 
of potential economic impacts.

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

    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, or 
use. Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. This proposed 
designation of critical habitat for guajon is considered a significant 
regulatory action under Executive Order 12866 because it raises novel 
legal and policy issues. OMB has provided guidance for implementing 
this Executive Order that outlines nine outcomes that may constitute 
``a significant adverse effect'' when compared without the regulatory 
action under consideration. The draft economic analysis finds that none 
of these criteria are relevant to this analysis. Thus, based on 
information in the draft economic analysis, energy-related impacts 
associated with guajon conservation activities within proposed critical 
habitat are not expected. As such, the proposed designation of critical 
habitat is not expected to significantly affect energy supplies, 
distribution, or use and a Statement of Energy Effects is required.

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

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 
1501), the Service makes the following findings:
    (a) This rule will not produce a Federal mandate. In general, a 
Federal mandate is a provision in legislation, statute, or regulation 
that would impose an enforceable duty upon State, local, or Tribal 
governments, or the private sector, and includes both ``Federal 
intergovernmental mandates'' and ``Federal private sector mandates.'' 
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal 
intergovernmental mandate'' includes a regulation that ``would impose 
an enforceable duty upon State, local, or tribal governments,'' with 
two exceptions. It excludes ``a condition of federal assistance.'' It 
also excludes ``a duty arising from participation in a voluntary 
Federal program,'' unless the regulation ``relates to a then-existing 
Federal program under which $500,000,000 or more is provided annually 
to State, local, and tribal governments under entitlement authority,'' 
if the provision would ``increase the stringency of conditions of 
assistance'' or ``place caps upon, or otherwise decrease, the Federal 
Government's responsibility to provide funding'' and the State, local, 
or tribal governments ``lack authority'' to adjust accordingly. At the 
time of enactment, these entitlement programs were: Medicaid; Aid to 
Families with Dependent Children work programs; Child Nutrition; Food 
Stamps; Social Services Block Grants; Vocational Rehabilitation State 
Grants; Foster Care, Adoption Assistance, and Independent Living; 
Family Support Welfare Services; and Child Support Enforcement. 
``Federal private sector mandate'' includes a regulation that ``would 
impose an enforceable duty upon the private sector, except (i) a 
condition of Federal assistance; or (ii) a duty arising from 
participation in a voluntary Federal program.''
    The designation of critical habitat does not impose a legally 
binding duty on non-Federal government entities or private parties. 
Under the Act, the only regulatory effect is that Federal agencies must 
ensure that their actions do not destroy or adversely modify critical 
habitat under section 7. Non-Federal entities that receive Federal 
funding, assistance, permits, or otherwise require approval or 
authorization from a Federal agency for an action, may be indirectly 
impacted by the designation of critical habitat. However, the legally 
binding duty to avoid destruction or adverse

[[Page 33721]]

modification of critical habitat rests squarely on the Federal agency. 
Furthermore, to the extent that non-Federal entities are indirectly 
impacted because they receive Federal assistance or participate in a 
voluntary Federal aid program, the Unfunded Mandates Reform Act would 
not apply; nor would critical habitat shift the costs of the large 
entitlement programs listed above onto State governments.
    (b) As discussed in the draft economic analysis of the proposed 
designation of critical habitat for the guajon, the impacts on 
nonprofits and small governments are expected to be negligible. It is 
likely that small governments involved with developments and 
infrastructure projects will be interested parties or involved with 
projects involving section 7 consultations for the guajon within their 
jurisdictional areas. Any costs associated with this activity are 
likely to represent a small portion of a local government's budget. 
Consequently, we do not believe that the designation of critical 
habitat for this species will significantly or uniquely affect these 
small governmental entities. As such, a Small Government Agency Plan is 
not required.

Executive Order 12630-Takings

    In accordance with E.O. 12630 (``Government Actions and 
Interference with Constitutionally Protected Private Property 
Rights''), we have analyzed the potential takings implications of 
proposing critical habitat for the guajon. Critical habitat designation 
does not affect landowner actions that do not require Federal funding 
or permits, nor does it preclude development of habitat conservation 
programs or issuance of incidental take permits to permit actions that 
do require Federal funding or permits to go forward. In conclusion, the 
designation of critical habitat for this species does not pose 
significant takings implications.

Author

    The primary author of this notice is Dr. Jorge E. Saliva, Boqueron 
Field Office (see ADDRESSES).

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

    Accordingly, we propose to further amend part 17, subchapter B of 
chapter I, title 50 of the Code of Federal Regulations, as proposed to 
be amended at 71 FR 58954, October 5, 2006, as follows:

PART 17--[AMENDED]

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

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. Critical habitat for the Guaj[oacute]n (Eleutherodactylus cooki) 
in Sec.  17.95(d), which was proposed to be added on October 5, 2006, 
at 71 FR 58954, is proposed to be amended by revising paragraphs 1 and 
5 and by adding new paragraphs 18 through 22 in the entry for 
``Guaj[oacute]n'' to read as follows:


Sec.  17.95  Critical habitat--fish and wildlife.

* * * * *
    (d) Amphibians
* * * * *
Guaj[oacute]n (Eleutherodactylus cooki)
* * * * *
    (1) Critical habitat units are depicted for Humacao, Las Piedras, 
Juncos, Maunabo, Patillas, San Lorenzo, and Yabucoa, Puerto Rico, on 
the maps below.
* * * * *
    (5) Note: Index map (Map 1) follows:
BILLING CODE 4310-55-P

[[Page 33722]]

[GRAPHIC] [TIFF OMITTED] TP19JN07.004

* * * * *
    (18) Unit 13: El Cielito, Maunabo, Puerto Rico.
    (i) General Description: Unit 13 consists of approximately 7.84 ac 
(3.17

[[Page 33723]]

ha), between the municipal boundary of Yabucoa to the north, PR-759 to 
the south and west, and PR-3 to the east, within Talante Ward, Maunabo.
    (ii) Coordinates: From Yabucoa USGS 1:20,000 quadrangle map. Unit 
13 bounded by the following UTM 19 NAD 83 coordinates (E, N):


825982.02, 1996690.65; 825982.05, 1996692.62; 825982.22, 1996694.58; 
825982.51, 1996696.52; 825982.93, 1996698.44; 825983.48, 1996700.33; 
825984.14, 1996702.18; 825984.93, 1996703.98; 825985.83, 1996705.72; 
825986.85, 1996707.40; 825987.97, 1996709.02; 825989.19, 1996710.55; 
825990.52, 1996712.01; 825991.93, 1996713.37; 825993.43, 1996714.64; 
825995.01, 1996715.80; 825996.67, 1996716.86; 825998.39, 1996717.81; 
826000.17, 1996718.65; 826002.00, 1996719.37; 826003.87, 1996719.96; 
826005.78, 1996720.44; 826007.71, 1996720.78; 826009.66, 1996721.00; 
826011.63, 1996721.09; 826013.59, 1996721.06; 826015.55, 1996720.89; 
826017.49, 1996720.60; 826019.41, 1996720.18; 826021.30, 1996719.63; 
826023.15, 1996718.97; 826024.95, 1996718.18; 826026.69, 1996717.28; 
826028.38, 1996716.27; 826029.99, 1996715.14; 826031.53, 1996713.92; 
826032.98, 1996712.59; 826034.34, 1996711.18; 826035.61, 1996709.68; 
826036.77, 1996708.10; 826037.84, 1996706.44; 826038.79, 1996704.72; 
826039.62, 1996702.94; 826040.34, 1996701.11; 826040.80, 1996699.72; 
826058.80, 1996639.86; 826064.87, 1996626.21; 826065.02, 1996625.87; 
826065.62, 1996624.39; 826077.68, 1996591.67; 826117.27, 1996543.05; 
826117.56, 1996542.70; 826118.72, 1996541.12; 826119.34, 1996540.18; 
826137.43, 1996511.67; 826137.87, 1996510.96; 826138.82, 1996509.24; 
826139.63, 1996507.52; 826162.49, 1996454.74; 826162.51, 1996454.69; 
826163.23, 1996452.86; 826163.82, 1996450.98; 826164.30, 1996449.08; 
826164.64, 1996447.14; 826164.86, 1996445.19; 826164.96, 1996443.23; 
826165.66, 1996392.36; 826165.62, 1996390.40; 826165.46, 1996388.44; 
826165.16, 1996386.49; 826164.74, 1996384.58; 826164.20, 1996382.69; 
826163.81, 1996381.55; 826132.56, 1996296.82; 826120.53, 1996241.20; 
826120.29, 1996240.18; 826119.75, 1996238.29; 826119.08, 1996236.44; 
826118.30, 1996234.64; 826117.39, 1996232.89; 826116.38, 1996231.21; 
826115.26, 1996229.60; 826114.03, 1996228.06; 826112.71, 1996226.61; 
826111.29, 1996225.25; 826109.79, 1996223.98; 826108.21, 1996222.81; 
826106.56, 1996221.75; 826104.84, 1996220.80; 826103.06, 1996219.97; 
826101.23, 1996219.25; 826099.36, 1996218.65; 826097.45, 1996218.18; 
826095.51, 1996217.83; 826093.56, 1996217.61; 826091.60, 1996217.52; 
826089.63, 1996217.56; 826087.68, 1996217.72; 826085.73, 1996218.02; 
826083.81, 1996218.44; 826081.93, 1996218.98; 826080.08, 1996219.65; 
826078.28, 1996220.43; 826076.53, 1996221.34; 826074.85, 1996222.35; 
826073.24, 1996223.47; 826071.70, 1996224.70; 826070.25, 1996226.02; 
826068.88, 1996227.44; 826067.62, 1996228.94; 826066.45, 1996230.52; 
826065.39, 1996232.17; 826064.44, 1996233.89; 826063.60, 1996235.67; 
826062.89, 1996237.50; 826062.29, 1996239.37; 826061.82, 1996241.28; 
826061.47, 1996243.21; 826061.25, 1996245.17; 826061.16, 1996247.13; 
826061.20, 1996249.09; 826061.36, 1996251.05; 826061.65, 1996253.00; 
826061.83, 1996253.89; 826074.31, 1996311.58; 826074.55, 1996312.60; 
826075.09, 1996314.49; 826075.48, 1996315.62; 826105.53, 1996397.10; 
826104.99, 1996436.39; 826085.46, 1996481.49; 826069.59, 1996506.50; 
826027.95, 1996557.62; 826027.67, 1996557.98; 826026.50, 1996559.56; 
826025.44, 1996561.21; 826024.49, 1996562.93; 826023.65, 1996564.71; 
826023.06, 1996566.20; 826009.61, 1996602.69; 826003.16, 1996617.18; 
826003.01, 1996617.52; 826002.29, 1996619.34; 826001.84, 1996620.74; 
825983.29, 1996682.42; 825983.15, 1996682.90; 825982.68, 1996684.80; 
825982.33, 1996686.74; 825982.11, 1996688.69; 825982.02, 1996690.65.

    (iii) Note: Map of Unit 13 (Map 11) follows:

[[Page 33724]]

[GRAPHIC] [TIFF OMITTED] TP19JN07.005

BILLING CODE 4310-55-C

[[Page 33725]]

    (19) Unit 14: Verraco, San Lorenzo, Puerto Rico.
    (i) General Description: Unit 14 consists of approximately 8.9 ac 
(3.6 ha), between PR-181 to the north and west, R[iacute]o Grande de 
Lo[iacute]za to the east and south, and the municipal boundary of 
Yabucoa to the south, within Espino Ward, San Lorenzo.
    (ii) Coordinates: From Yabucoa and Patillas USGS 1:20,000 
quadrangle maps. Unit 14 bounded by the following UTM 19 NAD 83 
coordinates (E, N):


818021.78, 2003743.38; 818021.82, 2003745.35; 818021.98, 2003747.31; 
818022.27, 2003749.25; 818022.69, 2003751.17; 818023.24, 2003753.06; 
818023.90, 2003754.90; 818024.69, 2003756.71; 818025.59, 2003758.45; 
818026.61, 2003760.13; 818027.41, 2003761.31; 818041.40, 2003780.81; 
818041.72, 2003781.25; 818042.95, 2003782.78; 818044.27, 2003784.24; 
818045.68, 2003785.60; 818047.19, 2003786.87; 818048.77, 2003788.03; 
818050.42, 2003789.09; 818051.64, 2003789.78; 818072.66, 2003801.02; 
818073.16, 2003801.29; 818074.94, 2003802.12; 818076.77, 2003802.84; 
818078.64, 2003803.44; 818080.55, 2003803.91; 818082.48, 2003804.26; 
818084.44, 2003804.48; 818086.40, 2003804.57; 818088.36, 2003804.53; 
818089.35, 2003804.46; 818118.63, 2003801.99; 818119.61, 2003801.89; 
818121.55, 2003801.60; 818123.47, 2003801.18; 818125.20, 2003800.69; 
818179.90, 2003783.29; 818180.06, 2003783.24; 818181.91, 2003782.58; 
818183.71, 2003781.79; 818183.86, 2003781.72; 818240.72, 2003754.27; 
818242.32, 2003753.44; 818244.00, 2003752.42; 818245.61, 2003751.30; 
818247.15, 2003750.08; 818248.60, 2003748.75; 818249.96, 2003747.34; 
818251.23, 2003745.84; 818252.40, 2003744.26; 818253.46, 2003742.60; 
818254.41, 2003740.88; 818255.24, 2003739.10; 818255.96, 2003737.28; 
818256.56, 2003735.40; 818257.03, 2003733.50; 818257.38, 2003731.56; 
818257.60, 2003729.61; 818257.69, 2003727.65; 818257.65, 2003725.68; 
818257.49, 2003723.73; 818257.19, 2003721.78; 818256.77, 2003719.86; 
818256.23, 2003717.97; 818255.56, 2003716.13; 818254.78, 2003714.33; 
818253.88, 2003712.58; 818252.86, 2003710.90; 818251.74, 2003709.28; 
818250.51, 2003707.75; 818249.19, 2003706.30; 818247.78, 2003704.93; 
818246.27, 2003703.67; 818244.69, 2003702.50; 818243.04, 2003701.44; 
818241.32, 2003700.49; 818239.54, 2003699.65; 818237.71, 2003698.93; 
818235.84, 2003698.34; 818233.93, 2003697.87; 818232.00, 2003697.52; 
818230.05, 2003697.30; 818228.08, 2003697.21; 818226.12, 2003697.24; 
818224.16, 2003697.41; 818222.22, 2003697.70; 818220.30, 2003698.12; 
818218.41, 2003698.67; 818216.56, 2003699.33; 818214.76, 2003700.12; 
818214.61, 2003700.19; 818187.94, 2003713.06; 818216.83, 2003685.69; 
818233.41, 2003672.94; 818247.97, 2003666.94; 818249.43, 2003666.29; 
818251.18, 2003665.38; 818252.86, 2003664.37; 818254.47, 2003663.25; 
818256.01, 2003662.02; 818257.46, 2003660.70; 818258.83, 2003659.29; 
818260.09, 2003657.78; 818261.26, 2003656.20; 818262.32, 2003654.55; 
818263.27, 2003652.83; 818264.11, 2003651.05; 818264.82, 2003649.22; 
818265.42, 2003647.35; 818265.89, 2003645.44; 818266.24, 2003643.51; 
818266.46, 2003641.56; 818266.55, 2003639.59; 818266.51, 2003637.63; 
818266.35, 2003635.67; 818266.06, 2003633.73; 818265.64, 2003631.81; 
818265.09, 2003629.92; 818264.43, 2003628.07; 818263.64, 2003626.27; 
818262.74, 2003624.53; 818261.72, 2003622.84; 818260.60, 2003621.23; 
818259.38, 2003619.69; 818258.05, 2003618.24; 818256.64, 2003616.88; 
818255.14, 2003615.61; 818253.56, 2003614.44; 818251.90, 2003613.38; 
818250.18, 2003612.43; 818248.40, 2003611.60; 818246.57, 2003610.88; 
818244.70, 2003610.28; 818242.80, 2003609.81; 818240.86, 2003609.46; 
818238.91, 2003609.24; 818236.95, 2003609.15; 818236.49, 2003609.16; 
818236.87, 2003608.20; 818237.46, 2003606.33; 818237.94, 2003604.42; 
818238.28, 2003602.49; 818238.50, 2003600.54; 818238.59, 2003598.57; 
818238.56, 2003596.61; 818238.39, 2003594.65; 818238.10, 2003592.71; 
818237.68, 2003590.79; 818237.13, 2003588.90; 818236.47, 2003587.05; 
818235.68, 2003585.25; 818234.78, 2003583.51; 818233.77, 2003581.82; 
818232.64, 2003580.21; 818231.42, 2003578.67; 818230.10, 2003577.22; 
818229.24, 2003576.35; 818227.83, 2003574.98; 818226.33, 2003573.72; 
818224.75, 2003572.55; 818223.09, 2003571.49; 818221.37, 2003570.54; 
818219.59, 2003569.70; 818217.76, 2003568.98; 818215.89, 2003568.39; 
818213.99, 2003567.92; 818212.05, 2003567.57; 818210.10, 2003567.35; 
818208.14, 2003567.26; 818206.17, 2003567.29; 818204.21, 2003567.46; 
818202.27, 2003567.75; 818200.35, 2003568.17; 818198.46, 2003568.72; 
818196.62, 2003569.38; 818194.81, 2003570.17; 818193.07, 2003571.07; 
818191.39, 2003572.08; 818189.77, 2003573.21; 818188.24, 2003574.43; 
818186.87, 2003575.67; 818119.61, 2003627.58; 818118.47, 2003628.50; 
818117.02, 2003629.82; 818116.33, 2003630.51; 818088.04, 2003659.86; 
818054.31, 2003681.68; 818054.28, 2003681.70; 818052.67, 2003682.82; 
818051.13, 2003684.04; 818049.68, 2003685.37; 818048.32, 2003686.78; 
818047.05, 2003688.28; 818046.58, 2003688.89; 818030.14, 2003710.85; 
818029.44, 2003711.82; 818028.38, 2003713.48; 818027.43, 2003715.20; 
818026.59, 2003716.97; 818025.88, 2003718.80; 818025.28, 2003720.68; 
818024.81, 2003722.58; 818024.52, 2003724.15; 818022.15, 2003739.10; 
818022.09, 2003739.47; 818021.87, 2003741.42; 818021.78, 2003743.38;

    (iii) Note: The map depicting Unit 14 is provided at paragraph (20) 
(iii) of this entry.
    (20) Unit 15: Cueva Marcela Unit, San Lorenzo, Puerto Rico.
    (i) General Description: Unit 15 consists of approximately 7.47 ac 
(3.02 ha), between PR-181 and Quebrada Verraco to the north, PR-181 to 
the west, and R[iacute]o Grande de Lo[iacute]za and the municipal 
boundary of Yabucoa to the south, within Espino Ward, San Lorenzo.
    (ii) Coordinates: From Yabucoa and Patillas USGS 1:20,000 
quadrangle maps. Unit 15 bounded by the following UTM 19 NAD 83 
coordinates (E, N):


818171.51, 2003361.29; 818171.55, 2003363.25; 818171.72, 2003365.21; 
818172.01, 2003367.15; 818172.43, 2003369.07; 818172.97, 2003370.96; 
818173.64, 2003372.81; 818174.42, 2003374.61; 818175.33, 2003376.36; 
818176.34, 2003378.04; 818177.46, 2003379.65; 818178.69, 2003381.19; 
818180.01, 2003382.64; 818181.43, 2003384.00; 818182.93, 2003385.27; 
818184.51, 2003386.44; 818186.16, 2003387.50; 818187.88, 2003388.45; 
818189.66, 2003389.28; 818191.49, 2003390.00; 818193.36, 2003390.60; 
818195.27, 2003391.07; 818197.20, 2003391.42; 818199.16, 2003391.64; 
818201.12, 2003391.73; 818203.08, 2003391.69; 818205.04, 2003391.53; 
818206.98, 2003391.23; 818208.90, 2003390.81; 818210.79, 2003390.27; 
818212.64, 2003389.60; 818214.44, 2003388.82; 818216.19, 2003387.92; 
818217.87, 2003386.90; 818219.48, 2003385.78; 818219.89, 2003385.47; 
818287.51, 2003333.26; 818288.65, 2003332.34; 818290.10, 2003331.02; 
818291.46, 2003329.60; 818292.73, 2003328.10; 818293.05, 2003327.68; 
818343.46, 2003261.48; 818344.31, 2003260.32; 818345.37, 2003258.66; 
818346.32, 2003256.94; 818347.15, 2003255.17; 818347.87, 2003253.34; 
818348.47, 2003251.46; 818348.94, 2003249.56; 818349.29, 2003247.62; 
818349.51, 2003245.67; 818349.60, 2003243.71; 818349.56, 2003241.74;

[[Page 33726]]

818349.40, 2003239.79; 818349.10, 2003237.84; 818348.68, 2003235.92; 
818348.14, 2003234.03; 818347.47, 2003232.19; 818346.69, 2003230.39; 
818345.79, 2003228.64; 818344.77, 2003226.96; 818343.65, 2003225.34; 
818342.42, 2003223.81; 818341.10, 2003222.36; 818339.69, 2003220.99; 
818338.18, 2003219.73; 818336.60, 2003218.56; 818334.95, 2003217.50; 
818333.23, 2003216.55; 818331.45, 2003215.71; 818329.62, 2003214.99; 
818327.75, 2003214.40; 818325.84, 2003213.93; 818323.91, 2003213.58; 
818321.96, 2003213.36; 818319.99, 2003213.27; 818318.03, 2003213.30; 
818316.07, 2003213.47; 818314.13, 2003213.76; 818312.21, 2003214.18; 
818310.32, 2003214.73; 818308.47, 2003215.39; 818306.67, 2003216.18; 
818304.93, 2003217.08; 818303.24, 2003218.09; 818301.63, 2003219.22; 
818300.09, 2003220.44; 818298.64, 2003221.77; 818297.28, 2003223.18; 
818296.01, 2003224.68; 818295.69, 2003225.10; 818247.68, 2003288.15; 
818183.19, 2003337.94; 818182.05, 2003338.86; 818180.60, 2003340.18; 
818179.24, 2003341.60; 818177.97, 2003343.10; 818176.81, 2003344.68; 
818175.74, 2003346.33; 818174.79, 2003348.05; 818173.96, 2003349.83; 
818173.24, 2003351.66; 818172.64, 2003353.53; 818172.17, 2003355.44; 
818171.82, 2003357.37; 818171.60, 2003359.33; 818171.51, 2003361.29; 
818164.80, 2003448.26; 818164.84, 2003450.23; 818165.01, 2003452.18; 
818165.30, 2003454.13; 818165.72, 2003456.05; 818166.26, 2003457.93; 
818166.93, 2003459.78; 818167.72, 2003461.58; 818168.62, 2003463.33; 
818169.63, 2003465.01; 818170.75, 2003466.62; 818171.98, 2003468.16; 
818173.30, 2003469.61; 818174.72, 2003470.98; 818176.22, 2003472.24; 
818177.80, 2003473.41; 818179.45, 2003474.47; 818181.17, 2003475.42; 
818182.95, 2003476.26; 818184.78, 2003476.97; 818186.65, 2003477.57; 
818188.15, 2003477.95; 818251.08, 2003492.29; 818296.61, 2003523.57; 
818376.74, 2003594.09; 818377.97, 2003595.11; 818379.55, 2003596.27; 
818381.20, 2003597.34; 818382.92, 2003598.29; 818384.70, 2003599.12; 
818386.53, 2003599.84; 818388.40, 2003600.44; 818390.31, 2003600.91; 
818392.24, 2003601.26; 818394.20, 2003601.48; 818396.16, 2003601.57; 
818398.12, 2003601.53; 818400.08, 2003601.36; 818402.02, 2003601.07; 
818403.94, 2003600.65; 818405.83, 2003600.11; 818407.68, 2003599.44; 
818409.48, 2003598.66; 818411.23, 2003597.75; 818412.91, 2003596.74; 
818414.52, 2003595.62; 818416.06, 2003594.39; 818417.51, 2003593.07; 
818418.87, 2003591.65; 818420.14, 2003590.15; 818421.31, 2003588.57; 
818422.37, 2003586.92; 818423.32, 2003585.20; 818424.15, 2003583.42; 
818424.87, 2003581.59; 818425.47, 2003579.72; 818425.94, 2003577.81; 
818426.29, 2003575.88; 818426.51, 2003573.92; 818426.60, 2003571.96; 
818426.56, 2003570.00; 818426.40, 2003568.04; 818426.10, 2003566.10; 
818425.68, 2003564.18; 818425.14, 2003562.29; 818424.47, 2003560.44; 
818423.69, 2003558.64; 818422.79, 2003556.89; 818421.77, 2003555.21; 
818420.65, 2003553.60; 818419.42, 2003552.06; 818418.10, 2003550.61; 
818416.69, 2003549.25; 818416.41, 2003549.00; 818334.93, 2003477.30; 
818333.70, 2003476.28; 818332.12, 2003475.11; 818332.09, 2003475.09; 
818280.35, 2003439.55; 818278.72, 2003438.50; 818277.00, 2003437.55; 
818275.22, 2003436.72; 818273.39, 2003436.00; 818271.52, 2003435.40; 
818270.02, 2003435.02; 818201.50, 2003419.40; 818201.09, 2003419.31; 
818199.16, 2003418.97; 818197.21, 2003418.75; 818195.25, 2003418.66; 
818193.28, 2003418.69; 818191.32, 2003418.86; 818189.38, 2003419.15; 
818187.46, 2003419.57; 818185.57, 2003420.11; 818183.72, 2003420.78; 
818181.92, 2003421.57; 818180.18, 2003422.47; 818178.49, 2003423.48; 
818176.88, 2003424.61; 818175.35, 2003425.83; 818173.89, 2003427.15; 
818172.53, 2003428.57; 818171.26, 2003430.07; 818170.10, 2003431.65; 
818169.04, 2003433.31; 818168.09, 2003435.03; 818167.25, 2003436.80; 
818166.53, 2003438.63; 818165.94, 2003440.50; 818165.46, 2003442.41; 
818165.12, 2003444.35; 818164.90, 2003446.30; 818164.80, 2003448.26;

    (iii) Note: Map of Units 14 and 15 (Map 12) follows:
BILLING CODE 4310-55-P

[[Page 33727]]

[GRAPHIC] [TIFF OMITTED] TP19JN07.006


[[Page 33728]]


    (21) Unit 16: Ceiba Sur Unit, Juncos, Puerto Rico.
    (i) General Description: Unit 16 consists of approximately 13.92 ac 
(5.63 ha) between Road PR-9934 to the east, and Road PR-919 to the west 
within Ceiba Sur Ward, Juncos.
    (ii) Coordinates: From Juncos USGS 1:20,000 quadrangle map. Unit 16 
bounded by the following UTM 19 NAD 83 coordinates (E, N):


825495.74, 2015729.02; 825495.78, 2015730.98; 825495.94, 2015732.94; 
825496.23, 2015734.88; 825496.65, 2015736.80; 825497.20, 2015738.69; 
825497.86, 2015740.54; 825498.65, 2015742.34; 825499.55, 2015744.08; 
825500.57, 2015745.77; 825501.69, 2015747.38; 825502.91, 2015748.92; 
825504.24, 2015750.37; 825505.65, 2015751.73; 825507.15, 2015753.00; 
825508.73, 2015754.17; 825510.39, 2015755.23; 825512.11, 2015756.18; 
825513.89, 2015757.01; 825515.50, 2015757.66; 825623.97, 2015797.10; 
825686.46, 2015843.70; 825729.39, 2015913.29; 825728.50, 2015977.04; 
825714.36, 2016115.79; 825714.30, 2016116.45; 825714.21, 2016118.41; 
825714.25, 2016120.38; 825714.32, 2016121.45; 825728.89, 2016288.33; 
825712.58, 2016422.79; 825712.46, 2016424.02; 825712.36, 2016425.98; 
825712.40, 2016427.95; 825712.57, 2016429.90; 825712.65, 2016430.55; 
825721.59, 2016494.66; 825721.80, 2016495.95; 825722.22, 2016497.87; 
825722.77, 2016499.76; 825723.43, 2016501.61; 825724.22, 2016503.41; 
825725.12, 2016505.16; 825726.13, 2016506.84; 825727.26, 2016508.45; 
825728.48, 2016509.99; 825729.80, 2016511.44; 825731.22, 2016512.80; 
825732.72, 2016514.07; 825734.30, 2016515.24; 825735.96, 2016516.30; 
825737.68, 2016517.25; 825739.45, 2016518.09; 825741.28, 2016518.80; 
825743.16, 2016519.40; 825745.06, 2016519.87; 825747.00, 2016520.22; 
825748.95, 2016520.44; 825750.91, 2016520.53; 825752.88, 2016520.50; 
825754.83, 2016520.33; 825756.78, 2016520.04; 825758.70, 2016519.62; 
825760.59, 2016519.07; 825762.43, 2016518.41; 825764.24, 2016517.62; 
825765.98, 2016516.72; 825767.66, 2016515.71; 825769.28, 2016514.58; 
825770.81, 2016513.36; 825772.27, 2016512.04; 825773.63, 2016510.62; 
825774.90, 2016509.12; 825776.06, 2016507.54; 825777.12, 2016505.88; 
825778.08, 2016504.16; 825778.91, 2016502.39; 825779.63, 2016500.56; 
825780.23, 2016498.69; 825780.70, 2016496.78; 825781.05, 2016494.84; 
825781.27, 2016492.89; 825781.36, 2016490.93; 825781.32, 2016488.96; 
825781.16, 2016487.01; 825781.07, 2016486.36; 825772.67, 2016426.13; 
825788.89, 2016292.45; 825789.01, 2016291.22; 825789.11, 2016289.26; 
825789.07, 2016287.29; 825788.99, 2016286.22; 825774.40, 2016119.05; 
825788.38, 2015981.81; 825788.44, 2015981.16; 825788.53, 2015979.19; 
825789.56, 2015905.38; 825789.53, 2015903.42; 825789.36, 2015901.46; 
825789.07, 2015899.52; 825788.65, 2015897.60; 825788.10, 2015895.71; 
825787.44, 2015893.86; 825786.65, 2015892.06; 825785.75, 2015890.32; 
825785.09, 2015889.20; 825734.57, 2015807.29; 825734.21, 2015806.72; 
825733.09, 2015805.11; 825731.86, 2015803.57; 825730.54, 2015802.12; 
825729.12, 2015800.76; 825727.62, 2015799.49; 825726.96, 2015798.98; 
825656.34, 2015746.31; 825655.42, 2015745.66; 825653.76, 2015744.59; 
825652.04, 2015743.64; 825650.26, 2015742.81; 825648.65, 2015742.17; 
825536.03, 2015701.22; 825535.81, 2015701.14; 825533.94, 2015700.54; 
825532.03, 2015700.07; 825530.10, 2015699.72; 825528.15, 2015699.50; 
825526.19, 2015699.41; 825524.22, 2015699.45; 825522.26, 2015699.61; 
825520.32, 2015699.91; 825518.40, 2015700.33; 825516.51, 2015700.87; 
825514.66, 2015701.54; 825512.86, 2015702.32; 825511.12, 2015703.22; 
825509.43, 2015704.24; 825507.82, 2015705.36; 825506.28, 2015706.59; 
825504.83, 2015707.91; 825503.47, 2015709.32; 825502.20, 2015710.83; 
825501.03, 2015712.41; 825499.97, 2015714.06; 825499.02, 2015715.78; 
825498.19, 2015717.56; 825497.47, 2015719.39; 825496.87, 2015721.26; 
825496.40, 2015723.17; 825496.05, 2015725.10; 825495.83, 2015727.05; 
825495.74, 2015729.02

    (iii) Note: Map of Unit 16 (Map 13) follows:

[[Page 33729]]

[GRAPHIC] [TIFF OMITTED] TP19JN07.007


[[Page 33730]]


    (22) Unit 17: Playita Unit, Yabucoa, Puerto Rico.
    (i) General Description: Unit 17 consists of approximately 5.27 ac 
(2.13 ha), between PR-900 to the north and east and the municipal 
boundary of Maunabo to the south, within Calabazas Ward, Yabucoa.
    (ii) Coordinates: From Yabucoa USGS 1:20,000 quadrangle map. Unit 
17 bounded by the following UTM 19 NAD 83 coordinates (E, N):


825120.79, 1998673.78; 825120.83, 1998675.74; 825121.00, 1998677.70; 
825121.29, 1998679.64; 825121.71, 1998681.56; 825122.25, 1998683.45; 
825122.92, 1998685.30; 825123.71, 1998687.10; 825124.61, 1998688.85; 
825125.62, 1998690.53; 825126.74, 1998692.14; 825127.97, 1998693.68; 
825129.29, 1998695.13; 825130.71, 1998696.49; 825132.21, 1998697.76; 
825133.79, 1998698.93; 825135.44, 1998699.99; 825137.16, 1998700.94; 
825138.94, 1998701.77; 825140.77, 1998702.49; 825142.64, 1998703.09; 
825144.55, 1998703.56; 825146.49, 1998703.91; 825148.44, 1998704.13; 
825150.40, 1998704.22; 825152.37, 1998704.18; 825154.32, 1998704.02; 
825156.27, 1998703.72; 825158.19, 1998703.30; 825160.07, 1998702.76; 
825161.92, 1998702.09; 825163.72, 1998701.31; 825165.47, 1998700.40; 
825167.15, 1998699.39; 825168.76, 1998698.27; 825170.30, 1998697.04; 
825171.75, 1998695.72; 825172.48, 1998694.98; 825196.33, 1998670.14; 
825233.38, 1998640.82; 825234.24, 1998640.12; 825235.69, 1998638.80; 
825237.05, 1998637.38; 825238.32, 1998635.88; 825239.49, 1998634.30; 
825240.24, 1998633.15; 825266.62, 1998590.83; 825266.93, 1998590.32; 
82