Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Guajón (Eleutherodactylus cooki), 60068-60114 [07-5056]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 72, Number 204 (Tuesday, October 23, 2007)]
[Rules and Regulations]
[Pages 60068-60114]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5056]



[[Page 60067]]

-----------------------------------------------------------------------

Part II





Department of the Interior





-----------------------------------------------------------------------



Fish and Wildlife Service



-----------------------------------------------------------------------



50 CFR Part 17



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

Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / 
Rules and Regulations

[[Page 60068]]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AU46


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are 
designating critical habitat (CH) for the guajon (Eleutherodactylus 
cooki) under the Endangered Species Act of 1973, as amended (Act). In 
total, approximately 260.6 acres (ac) (105.6 hectares (ha)) fall within 
the boundaries of the CH designation. The critical habitat is located 
within the municipalities of Humacao, Juncos, Las Piedras, Maunabo, 
Patillas, San Lorenzo, and Yabucoa, Puerto Rico.

DATES: This rule becomes effective on November 23, 2007.

FOR FURTHER INFORMATION CONTACT: Jorge Saliva, Boquer[oacute]n Field 
Office, U.S. Fish and Wildlife Service, P.O. Box 491, Boquer[oacute]n, 
Puerto Rico 00622 (telephone 787-851-7297, ext. 224 or facsimile 787-
851-7440). Persons who use a telecommunications device for the deaf 
(TDD) may call the Federal Information Relay Service (FIRS) at 800-877-
8339.

SUPPLEMENTARY INFORMATION:

Background

    It is our intent to discuss only those topics directly relevant to 
the designation of critical habitat in this rule. For additional 
information on the guajon, please refer to the proposed rule to 
designate critical habitat published in the Federal Register on October 
5, 2006 (71 FR 58953) and the final listing determination published on 
June 11, 1997 (62 FR 31757).

Previous Federal Actions

    For more information on previous Federal actions concerning the 
guajon, refer to the proposed rule to designate critical habitat 
published on October 5, 2006 (71 FR 58953). On June 19, 2007, we 
announced the availability of our draft economic analysis (DEA), 
reopened the public comment period on the proposed rule, and proposed 
five additional units for designation as critical habitat (72 FR 
33715). The public comment period ended on July 19, 2007.

Summary of Comments and Recommendations

    We requested written comments from the public on the proposed 
designation of critical habitat for the guajon in the proposed rule 
published on October 5, 2006 (71 FR 58953) and in our June 19, 2007, 
notice (72 FR 33715). We also contacted appropriate Federal, 
Commonwealth, and local agencies; scientific organizations; and other 
interested parties and invited them to comment on the proposed rule.
    During the comment period that opened on October 5, 2006, and 
closed on December 4, 2006, we received four letters commenting on the 
proposed critical habitat designation; three from peer reviewers and 
one from an organization. During the comment period that opened on June 
19, 2007, and closed on July 19, 2007, we did not receive any comments 
directly addressing the initial proposed critical habitat designation, 
the DEA, or the additional proposed critical habitat units. Comments 
received from peer reviewers and the organization are addressed in the 
following summary and incorporated into the final rule as appropriate. 
We did not receive any requests for a public hearing.

Peer Review

    In accordance with our policy published on July 1, 1994 (59 FR 
34270), we solicited expert opinions from eight knowledgeable 
individuals with scientific expertise that included familiarity with 
the species, the geographic region in which the species occurs, or 
conservation biology principles, and two formal requests for peer 
review to the Puerto Rico Department of Natural and Environmental 
Resources and the U.S. Forest Service. We received responses from three 
peer reviewers.
    We reviewed all comments received from the peer reviewers and the 
public for substantive issues and new information regarding critical 
habitat for guajon and addressed them in the following summary.

Peer Reviewer Comments

    1. Comment: One peer reviewer questioned why the proposed critical 
habitat designation did not include some sites that were occupied by 
the guajon at the time of listing.
    Our Response: The proposed rule did not include nine sites where 
the guajon was reported to be present at the time the species was 
listed as threatened in 1997 (62 FR 31757). Currently, guajon are not 
found at these sites and the sites no longer contain the physical and 
biological features essential to the conservation of the species.
    2. Comment: One peer reviewer indicated that the drainages that are 
proposed for designation as critical habitat may be impacted by erosion 
and sedimentation from nearby agricultural activities.
    Our Response: Consistent with the primary constituent elements 
(PCEs) we have identified for this species and to afford protection to 
its foraging habitat, we have included within the critical habitat 
designation a foraging area of 99 feet (ft) (30 meters (m)) extending 
laterally from each bank of creeks and drainages. We believe that this 
vegetated foraging ``corridor'' will also act as a buffer zone between 
the edge of the streambeds of the proposed critical habitat units and 
the potential farming activities.
    3. Comment: One peer reviewer stated that the buffer zone should be 
larger than 99 ft (30 m) (several publications state 164 ft (50 m) as a 
minimum for amphibians) and that protection should be extended beyond 
the river basin.
    Our Response: Rather than using a general amphibian buffer of 164 
ft (50 m), we have included a foraging area along creeks and drainages 
as a result of the personal observations of Vega-Castillo that the 
foraging habitat of the guajon, specifically, may extend outside the 
streambed in vegetated areas as far as 99 ft (30 m) from the water 
source (Vega-Castillo, pers. obs., 2001).
    We have designated habitat sufficient for the conservation of the 
species. We recognize that this critical habitat designation does not 
include all of the areas that are occupied by the guajon throughout the 
species' range. This is consistent with the Act's provision that except 
in circumstances determined by the Secretary, critical habitat shall 
not include the entire geographical area which can be occupied by the 
listed species. However, critical habitat designations do not imply 
that habitat outside the designation is unimportant.

Comments Related to Habitat

    4. Comment: One commenter stated the following concern: The Service 
asserts that the total habitat occupied by the guajon covers 69,000 
acres (ac) (27,923 hectares (ha)), but then claims only 217 ac (88 ha) 
are necessary for the guajon's conservation. The commenter wanted to 
know where and how the Service obtained the figure of 69,000 ac (27,923 
ha), and what the figure actually means. The commenter also wanted to 
know how much land the guajon actually occupies according to Service 
estimates, the best available science, and how much land consists of 
suitable,

[[Page 60069]]

unoccupied habitat. The commenter states that the proposed rule did not 
explain why unoccupied areas or areas for dispersal were omitted from 
critical habitat designation.
    Our Response: We originally estimated the species' range to be 
69,000 ac (27,923 ha) based on tributaries or water bodies within the 
range of the guajon that may be occupied by the species. However, to be 
included in a critical habitat designation, the habitat within the area 
occupied by the species at the time of listing must contain features 
that are essential to the conservation of the species, i.e., the PCEs 
that are identified in the discussion below. Although 69,000 ac (27,923 
ha) constitute the potential range of the species, habitat for the 
guajon that meets the criterion of containing the PCEs is substantially 
less. Currently, we do not know how much of this range the guajon 
occupies or how much of its range is suitable habitat; there have been 
no comprehensive surveys to determine all areas where the species is 
found or all areas where suitable habitat occurs. Based on the best 
scientific information available, we believe we have designated habitat 
sufficient for the conservation of this species. See also our response 
to Comment 3.
    5. Comment: One commenter stated that it is imperative that all 
recently occupied sites are included in the critical habitat 
designation and suggested six sites to be added into the critical 
habitat designation.
    Our Response: Each of the six sites recommended for designation by 
this commenter was visited by Service staff to verify the presence of 
the guajon and the PCEs. Of the six sites recommended, four sites 
contained at least one PCE and guajon were present. These sites were 
known to have been occupied by guajon prior to listing (Drewry 1986; 
Moreno 1991; Joglar 1992; Joglar et al. 1996) and were added as 
proposed critical habitat units (Unit 13, Unit 14, Unit 15, and Unit 
17--see Critical Habitat section) in our June 2007 notice. One site was 
not included because it did not contain any PCEs and the species was 
not present at that site, and therefore did not satisfy the statutory 
definition of occupied critical habitat. The remaining site was 
determined to be the same as the Emajagua Unit which was already 
included in the proposed rule as Unit 4. Units 13-17 are included in 
this final designation.

Comment Related to Corridors

    6. Comment: One commenter stated that corridors may help reduce or 
moderate some of the adverse effects of habitat fragmentation by 
facilitating dispersal of individuals between substantive patches of 
remaining habitat.
    Our Response: The literature suggests that corridors and 
connectivity between habitat areas are important for movement and 
dispersal of the species. However, we have no information that this 
species actually uses corridors, and without information on corridor 
use and habitat characteristics of corridors we cannot determine that 
these areas have the features that are essential to the conservation of 
the species. We believe we have designated habitat sufficient for the 
conservation of this species. However, this critical habitat 
designation does not imply that habitat outside the designation is 
unimportant.

Comment Related to Economics

    7. Comment: One commenter indicated that the general statement in 
the proposed rule that critical habitat has significant costs ignores 
the economic and social benefits of critical habitat designation; these 
benefits must be considered in any economic analysis of the critical 
habitat designation, and should be weighed in any determination to 
exclude specific areas from the critical habitat designation.
    Our Response: The published economics literature has documented 
that social welfare benefits can result from the conservation and 
recovery of endangered and threatened species. In its guidance for 
implementing Executive Order 12866, the Office of Management and Budget 
(OMB) acknowledges that it may not be feasible to monetize, or even 
quantify, the benefits of environmental regulations due to either an 
absence of defensible, relevant studies or a lack of resources on the 
implementing agency's part to conduct new research. Rather than rely on 
economic measures, the Service believes that the direct benefits of the 
proposed rule are best expressed in biological terms that can be 
weighed against the expected cost impacts of the designation of 
critical habitat in a section 4(b)(2) exclusion analysis.

General Comments

    8. Comment: One commenter stated that, although it does not impact 
the guajon proposed rule, the Service continues to make the conclusion 
that even occupied areas are not critical habitat if ``existing 
management [of the area] is sufficient to conserve the species.'' If 
occupied or unoccupied land contains features ``essential to the 
conservation of the species,'' then it is critical habitat regardless 
of any ``existing management.''
    Our Response: 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. Therefore, if special management 
considerations or protection of the PCEs is not needed, the area does 
not meet the definitional requirements for habitat occupied at the time 
of listing. Unoccupied habitat must be found to be essential for the 
conservation of the species. The Act does not apply a special 
management standard for unoccupied habitat. Unless such unoccupied 
habitat is determined to be essential for the conservation of the 
species, those areas do not meet the definition of critical habitat.
    9. Comment: One commenter stated that it would make more sense for 
the Service to promote the designation of critical habitat instead of 
actively criticizing and avoiding it. The commenter provides 
information from Taylor et al. (2005), who state that species with 
critical habitat designated two or more years are less likely to be 
declining and twice as likely to be recovering that species without it.
    Our Response: We agree that the designation of critical habitat can 
serve positive purposes for the conservation of listed species. 
However, we also believe it is only one tool for managing and 
conserving listed species and their habitat. In addition to the 
designation of critical habitat, we have found in some cases that other 
conservation mechanisms, including the recovery planning process, 
section 6 funding to States, section 7 consultations, management plans, 
Safe Harbor agreements, and other on-the-ground strategies, also 
contribute to species' conservation. We will continue to work with 
local partner organizations to develop means for voluntary conservation 
of habitats for listed species. We believe these other conservation 
measures often provide incentives to, and in many cases they may be 
more cost-effective, promote positive working relationships and 
partnerships with landowners and stakeholders who implement active 
conservation measures that can thereby provide greater conservation 
benefits than are provided by the designation of critical habitat 
designation alone. These

[[Page 60070]]

are factors that are appropriate for consideration in a section 
(4)(b)(2) exclusion analysis.
    10. Comment: One commenter stated that he finds it disingenuous 
that the Service continues to claim that critical habitat does not 
provide additional protection or benefits for endangered and threatened 
species, especially in light of courts ruling that the Service's 
position on critical habitat violate congressional intent and the plain 
language of the ESA.
    Our Response: The section entitled ``The Role of Critical Habitat 
in Actual Practice of Administering and Implementing the Act'' in the 
proposed rule has not been included in this final rule. We recognize 
that some benefits to species occur as a result of critical habitat 
designations as stated in the response to the previous comment. Federal 
activities outside of designated critical habitat areas are subject to 
review under section 7 of the Act if those activities may adversely 
affect the listed species or the PCEs contained within the critical 
habitat designation. The Ninth Circuit Court's decision in Gifford 
Pinchot Task Force v. United States Fish and Wildlife Service, 378 F.3d 
1059 (9th Cir 2004) (hereinafter Gifford Pinchot) requires 
consideration of the recovery of species. Thus, through our 
implementation of section 7 of the Act with respect to agency actions 
affecting critical habitat, such designations may provide benefits to 
the recovery of a species. We have also found that critical habitat 
designations serve to educate landowners, State and local governments, 
and the public regarding the potential conservation value of the areas 
designated.

Comments From the Commonwealth of Puerto Rico

    Section 4(i) of the Act states, ``the Secretary shall submit to the 
State agency a written justification for his failure to adopt 
regulations consistent with the agency's comments or petition.'' 
Comments were received from the Commonwealth of Puerto Rico Department 
of Natural and Environmental Resources (DNER).
    11. Comment: DNER stated that it was important to include corridors 
between all known localities for the conservation of this species and 
recommended that the identification of critical habitat include a 
landscape analysis to identify areas that maintain the connectivity 
among different subpopulations.
    Our Response: Please refer to our response to Comment 6.
    12. Comment: DNER proposed adding three new localities to the 
critical habitat designation.
    Our Response: Of the three sites recommended by DNER, only one was 
located and verified. Attempts to identify the actual location of the 
other two sites were unsuccessful. The one site that could be located 
is in the municipality of Juncos and within the geographical area 
generally occupied by the species at the time of listing; however, we 
were unable to determine whether this specific locality was actually 
occupied at the time of listing. The site is currently occupied by the 
species and contains PCEs needed to support life history functions of 
the species, such as foraging areas; shelter; sites for breeding; and 
habitats that are protected from disturbance. We have determined that 
this site is essential to the conservation of the species because of 
the representation, redundancy, and resiliency provided by the species 
at this site in relation to the species as a whole. Further, it 
contains the PCEs needed to support life history functions of the 
species, such as foraging areas; shelter; sites for breeding; and 
habitats that are protected from disturbance. This site was proposed as 
Unit 16 in our June 19, 2007, notice (72 FR 33715), and is included in 
this final designation as Unit 16.

Summary of Changes From Proposed Rule

    In preparing this final critical habitat designation for the 
guajon, we reviewed and considered all comments from the public on the 
proposed designation of critical habitat published on October 5, 2006 
(71 FR 58953) and our announcement of the availability of the DEA and 
proposal of five additional units as critical habitat published on June 
19, 2007 (72 FR 33715). Based on peer review, public comments, and 
biological information received during the public comment periods, the 
final designation includes the five additional units: El Cielito, 
Verraco, Cueva Marcela, Ceiba Sur, and Playita (Units 13-17). These 
five units: (1) Are within the historical range of the species and, 
with the exception of Ceiba Sur, were occupied at the time of listing, 
(2) provide elements essential for the long-term persistence of guajon 
populations (e.g., caves or large plutonic, granitic, or sedimentary 
boulders that form crevices and grottoes, forested streambeds where 
guajon may forage, and high humidity) or, in the case of Ceiba Sur, the 
area has been determined to be essential to the conservation of the 
species, and (3) are currently occupied. These are the same five 
additional units that were proposed in the June 19, 2007, revision to 
the proposal (72 FR 33715).

Critical Habitat

    Critical habitat is defined in section 3 of the Act as:
    (1) 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
    (a) Essential to the conservation of the species and
    (b) Which may require special management considerations or 
protection; and
    (2) Specific areas outside the geographical area occupied by a 
species at the time it is listed, upon a determination that such areas 
are essential for the conservation of the species.
    Conservation, as defined under section 3 of the Act, means the use 
of all methods and procedures that are necessary to bring any 
endangered species or threatened species to the point at which the 
measures provided under the Act are no longer necessary.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against Federal agencies carrying out, funding, 
or authorizing the destruction or adverse modification of critical 
habitat. Section 7 of the Act requires consultation on Federal actions 
that may affect critical habitat. The designation of critical habitat 
does not affect land ownership or establish a refuge, wilderness, 
reserve, preserve, or other conservation area. Such designation does 
not allow the government or public to access private lands. Such 
designation does not require implementation of restoration, recovery, 
or enhancement measures by the landowner Under any circumstances. Where 
the landowner seeks or requests federal agency funding or authorization 
that may affect a listed species or critical habitat, the consultation 
requirements of Section 7 would apply, but even in the event of a 
destruction or adverse modification finding, the landowner's obligation 
is not to restore or recover the species, but to implement reasonable 
and prudent alternatives to avoid destruction or adverse modification 
of critical habitat.
    For inclusion in a critical habitat designation, habitat within the 
geographical area occupied by the species at the time it was listed 
must contain 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 (areas on which are found the 
primary constituent elements, as defined at 50 CFR 424.12(b)).

[[Page 60071]]

    Occupied habitat that contains the features essential to the 
conservation of the species meets the definition of critical habitat 
only if those features may require special management considerations or 
protection.
    Under the Act, we can designate unoccupied areas as critical 
habitat only when we determine that the best available scientific data 
demonstrate that the designation of that area is essential to the 
conservation needs of the species.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific and commercial data available. 
Further, our Policy on Information Standards Under the Endangered 
Species Act (published in the Federal Register on July 1, 1994 (59 FR 
34271)), the Information Quality Act (section 515 of the Treasury and 
General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 
106-554; H.R. 5658)), and our associated Information Quality 
Guidelines, provide criteria, establish procedures, and provide 
guidance to ensure that our decisions are based on the best scientific 
data available. They require our biologists, to the extent consistent 
with the Act and with the use of the best scientific data available, to 
use primary and original sources of information as the basis for 
recommendations to designate critical habitat.
    When we are determining which areas should be proposed as critical 
habitat, our primary source of information is generally the information 
developed during the listing process for the species. Additional 
information sources may include the recovery plan for the species, 
articles in peer-reviewed journals, conservation plans developed by 
States and counties, scientific status surveys and studies, biological 
assessments, or other unpublished materials and expert opinion or 
personal knowledge.
    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 we may 
eventually determine, based on scientific data not now available to the 
Service, are necessary for the recovery of the species. For these 
reasons, a critical habitat designation does not signal that habitat 
outside the designated area is unimportant or may not be required for 
recovery of the species.
    Areas that support populations, but are outside the critical 
habitat designation, will continue to be subject to conservation 
actions we implement under section 7(a)(1) of the Act. They are also 
subject to the regulatory protections afforded by the section 7(a)(2) 
jeopardy standard, as determined on the basis of the best available 
scientific information at the time of the agency 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 (HCPs), or other species conservation 
planning efforts as any new information available to these planning 
efforts calls for a different outcome.

Primary Constituent Elements

    In accordance with section 3(5)(A)(i) of the Act and the 
regulations at 50 CFR 424.12, in determining which areas occupied at 
the time of listing to propose as critical habitat, we consider the 
primary constituent elements (PCEs) to be those physical and biological 
features that are essential to the conservation of the species and that 
may require special management considerations or protection. These 
include, but are not limited to:
    (1) Space for individual and population growth and for normal 
behavior;
    (2) Food, water, air, light, minerals, or other nutritional or 
physiological requirements;
    (3) Cover or shelter;
    (4) Sites for breeding, reproduction, or rearing (or development) 
of offspring; and
    (5) Habitats that are protected from disturbance or are 
representative of the historic, geographical, and ecological 
distributions of a species.
    The distribution of the guajon is associated with the granitic and 
plutonic rocks found in the Cuchilla de Panduras mountain range in 
southeastern Puerto Rico. The habitat of the guajon 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 guajon 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 guajon 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 they do not have thermal 
stratification (Rogowitz et al. 1999, p. 179; Rogowitz et al. 2001, pp. 
542, 545; Burrowes 1997, p. 74).
    Vega-Castillo (2000, pp. 36, 40) reported that in streams, the 
guajon has been found only in patches of rock in the streambed. The 
streams can be perennial, or ephemeral formed during heavy rain, and 
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 over rocks (e.g., 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 guajon may extend outside the streambed in vegetated 
areas as far as 66 to 99 ft (20 to 30 m) from the water source (Vega-
Castillo, pers. obs., 2001). In rocky, stream habitat, animals exit 
their retreat site at dusk to forage actively over rocks and 
vegetation.
    Based on the above needs and our current knowledge of the life 
history, biology, and ecology of the species and the requirements to 
sustain the essential life history functions of the species, we have 
determined that PCEs for the guajon 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

[[Page 60072]]

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) from each bank of the stream; these rocks provide cover 
and foraging sites and help conserve humidity.
    We designate units based on sufficient PCEs being present to 
support at least one of the species' life history functions. Some units 
contain all of these PCEs and support multiple life processes, while 
some units contain only a portion of these PCEs, those necessary to 
support the species' particular use of that habitat.

Special Management Considerations or Protection

    When designating critical habitat, we assess whether the occupied 
areas contain features that are essential to the conservation of the 
species and that may require special management considerations or 
protections. As discussed in more detail in the proposed critical 
habitat designation (October 5, 2006; 71 FR 58953) and in the unit 
descriptions below, we find that the units we are designating have 
features that may require special management considerations or 
protection due to threats to the primary constituent elements from road 
construction, agriculture, development, and fishing with chemicals. All 
the designated units are adjacent to agricultural lands, roads, trails, 
homes, or other manmade structures. Special management considerations 
and protection required include protection of the guajon and its 
habitat from threats posed by deforestation and earth movement near 
streams for road construction, agricultural, urban, and rural 
development. These threats may result in changes in the composition and 
abundance of vegetation in and around guajon habitat, and degradation 
of water quality from illegal garbage dumping, disposal of untreated 
sewage, and agricultural practices (e.g., use of herbicides, 
fertilizers, or insecticides).

Criteria Used To Identify Critical Habitat

    As required by section 4(b) of the Act, we used the best scientific 
data available in identifying the areas that contain the physical and 
biological features essential to the conservation of the guajon (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 state and federal 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 guajon's currently occupied range and habitat 
features needed to support the necessary biological functions of the 
species.
    An area was considered for designation if it either (1) possessed 
one or more of the PCEs and was occupied by the guajon at the time of 
listing; or (2) is currently occupied by the guajon and has been 
determined to be essential to the conservation of the species, based on 
its ability to support life history functions and population level 
functions for the guajon, as well as the need to protect known/existing 
populations.
    We selected areas of habitat known to be currently occupied by the 
species, based on field reports from the Puerto Rico DNER and the 
Conservation Trust of Puerto Rico, field visits from Service personnel, 
information from species guajon data cited in the scientific 
literature. Field reconnaissance was done in all areas for verification 
of presence/absence. Presence of the guajon was documented by listening 
for the distinctive call of the males. Based on this review and visual 
inspection of sites where the guajon was found, we identified 12 units 
that contain one or more of the PCEs.
    During the public comment period on the proposal from October 6, 
2006 to December 4, 2006, we received two comments recommending that a 
total of nine additional sites be included as critical habitat. Each of 
the nine sites was analyzed using the methods previously described. 
Five of these sites were proposed for designation in the June 19, 2007, 
revision to the proposal (72 FR 33715), and are included in this 
critical habitat designation. Of the other four sites, one was not 
included because it did not contain at least one PCE and the species 
was not present, one site was determined to be the same as the Emajagua 
Unit described in the October 5, 2006, proposed rule (71 FR 58953), and 
two sites could not be found following the directions provided in the 
comment. Thus, the designation includes 17 units that encompass 
approximately 260.6 ac (105.6) ha within the municipalities of Humacao, 
Juncos, Las Piedras, Maunabo, Patillas, San Lorenzo, and Yabucoa.
    Boundaries for each 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. This habitat includes streams with patches of rocks and 
associated riparian vegetation that provides foraging habitat for the 
guajon. We have included a foraging area of 99 ft (30 m) extending 
laterally form each bank of creeks and drainages, as a result of the 
personal observations of Vega-Castillo that the foraging habitat of the 
guajon may extend outside the streambed in vegetated areas as far as 99 
ft (30 m) from the water source (Vega-Castillo, pers. obs., 2001).
    In summary, we are not designating 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 designating three small units that were not known to have been 
occupied at the time of listing, but are currently occupied. Units 1, 
2, 4, 5, 6, 7, 8, 9, and 10, 13, 14, 15, and 17 constitute our best 
determination of areas that contain the physical and biological 
features essential for the conservation of the guajon, while Units 3, 
11, 12, and 16 provide habitat we have determined is essential to the 
conservation of the species. A brief discussion of each critical 
habitat unit is provided below.
    When determining critical habitat boundaries, we made every effort 
to avoid including within the boundaries of the map contained within 
this rule developed areas such as buildings or houses, paved areas, and 
other

[[Page 60073]]

structures that lack PCEs for the guajon. The scale of the maps 
prepared under the parameters for publication within the Code of 
Federal Regulations may not reflect the exclusion of such developed 
areas. Any such structures and the land under them inadvertently left 
inside critical habitat boundaries shown on the maps of this final rule 
were excluded in the text of the proposed rule and are excluded in this 
final rule. Therefore, Federal actions involving these excluded areas 
would not trigger section 7 consultation with respect to critical 
habitat and the requirement of no adverse modification unless the 
specific action would affect the primary constituent elements in the 
adjacent critical habitat.
    A brief discussion of each area designated as critical habitat is 
provided in the unit descriptions below. Additional detailed 
documentation concerning the essential nature of these areas is 
contained in our supporting record for this rulemaking.

Critical Habitat Designation

    We are designating 17 units as critical habitat for the guajon. The 
critical habitat units described below (see Table 1) constitute our 
best assessment of areas that currently meet the definition of critical 
habitat for the guajon.

 Table 1.--guajon Critical Habitat Units: Occupancy by Time Period (at the Time of Listing and Currently); Area
                                          of Each Unit; and Ownership.
----------------------------------------------------------------------------------------------------------------
                                    Occupied at time
               Unit                    of listing      Occupied currently   Acres (hectares)       Ownership
----------------------------------------------------------------------------------------------------------------
(1) Mariana......................                  X                   X          23.6 (9.6)  Private.
(2) Montones.....................                  X                   X         31.1 (12.6)  Private.
(3) Tejas........................  ..................                  X           5.2 (2.1)  Private.
(4) Emajagua.....................                  X                   X         33.0 (13.4)  Private.
(5) Jacaboa......................                  X                   X          10.3 (4.2)  Private.
(6) Calabazas....................                  X                   X          13.8 (5.6)  Private.
(7) Guayan[eacute]s..............                  X                   X           7.9 (3.2)  Private.
(8) Panduras.....................                  X                   X         28.6 (11.6)  Private.
(9) Talante......................                  X                   X          23.5 (9.5)  Private.
(10) Guayabota...................                  X                   X          13.1 (5.3)  Private.
(11) Guayabito...................  ..................                  X          17.3 (7.0)  Private.
(12) Guayabo.....................  ..................                  X           9.8 (3.9)  Private.
(13) El Cielito..................                  X                   X         7.84 (3.17)  Private.
(14) Verraco.....................                  X                   X           8.9 (3.6)  Private.
(15) Cueva Marcela...............                  X                   X         7.47 (3.02)  Private.
(16) Ceiba Sur...................  ..................                  X        13.92 (5.63)  Private.
(17) Playita.....................                  X                   X         5.27 (2.13)  Private.
                                  -----------------------------------------------------------
    Total........................  ..................  ..................      260.6 (105.6)
----------------------------------------------------------------------------------------------------------------

    Below we present brief descriptions of all units, and reasons why 
they meet the definition of critical habitat for guajon.

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 Catno within 
Mariana Ward, Humacao. Unit 1 contains 5,412.8 ft (1,649.8 m) of an 
unnamed, rocky stream with abundant water, a guajon 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 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 
guajon 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 guajon 
foraging area of 99 ft (30 m) on each side of the river. This unit was 
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 guajon 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 guajon foraging area of 99 ft (30 m) on each side of the 
tributary. 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. The 
Service has not determined whether Unit 3 was occupied at the time of 
listing, but we have determined that it is essential to the 
conservation of the guajon. The guajon 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

[[Page 60074]]

existing populations of the guajon is important to the conservation of 
the species. The habitat of this species is naturally fragmented, and 
the majority of the known populations are found on private land where 
increased levels of land development in southeastern Puerto Rico are 
occurring and threaten to further reduce and fragment the species' 
habitat, distribution, and survival (Joglar 1998, p. 73). Being a 
habitat specialist, the guajon 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). In light of the 
foregoing and because it is currently occupied by the species and 
contains sufficient PCEs to support the life functions of the species, 
we have determined that 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 guajon foraging area of 99 ft 
(30 m) on each side of the streams/drainages. This unit was 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 
guajon 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 Rios Ward, Patillas. It contains 2,334.6 ft (711.6 m) of 
an unnamed rocky drainage to the Jacaboa River, and a guajon foraging 
area of 99 ft (30 m) on each side of the drainage. This unit was 
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 guajon 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 guajon foraging 
area of 99 ft (30 m) on each side of the drainage. This unit was 
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 guajo 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 guajon foraging area of 99 ft (30 m) on each side of the 
drainage. This unit was 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 guajon 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 guajon 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 
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 guajon 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 guajon 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 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

[[Page 60075]]

abundance of vegetation surrounding guajon 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 guajon foraging 
area of 99 ft (30 m) on each side of the creek. This unit was occupied 
at the time of 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 
guajon 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 connects to Quebrada Guayabo, and a guajon 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. The Service has not determined whether 
Unit 11 was occupied at the time of listing, but we have determined 
that it is essential to the conservation of the guajon for several 
reasons. The boulders and closed canopy provide the essential habitat 
for guajon reproduction and foraging. The guajon 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 threaten to further reduce and 
fragment the species' habitat, distribution, and survival (Joglar 1998, 
p. 73). Being a habitat specialist, the guajon 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).

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 guajon foraging area of 99 ft (30 m) on each side of the 
stream. 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. The 
Service has not determined whether Unit 12 was occupied at the time of 
listing, but we have determined that it is essential to the 
conservation of the guajon because it contains the PCEs (a rocky stream 
surrounded by closed canopy over the stream, and closed mature forest 
along the shores that provide the habitat essential to the guajon for 
food, shelter, breeding, foraging, and population expansion), and 
because it is occupied. Due to the species' limited distribution and 
the specialized habitat it occupies, protection of all existing 
populations of the guajon is extremely important to conservation of the 
species.
    The habitat of this species is naturally fragmented, and remaining 
habitat is threatened by land development which can further reduce and 
fragment the species' habitat, distribution, and survival (Joglar 1998, 
p. 73). Being a habitat specialist, the guajon 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).

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 guajon 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 mi (2 km) to the west of PR-3, include changes in the composition 
and abundance of vegetation surrounding guajon 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 guajon 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

[[Page 60076]]

changes in the composition and abundance of vegetation surrounding 
guajon 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).

Unit 15: Cueva Marcela Unit

    Unit 15 is referred to as Cuevas Dona 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 guajon foraging 
area extending laterally 99 ft (30 m) from each side of both drainages. 
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 guajon 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 guajon foraging area 
extending laterally 99 ft (30 m) on each side of the drainage. Every 
PCE is found within this unit, and presence of the species and PCEs at 
this site was confirmed by the Service in January 2007. The Service has 
not determined whether Unit 16 was occupied at the time of listing, but 
we have determined that it is essential to the conservation of the 
guajon because it contains the PCEs (the area has high humidity and 
contains densely forested stream banks, large sedimentary rocks, and 
vegetation-covered rocks) and because it is occupied. The guajon 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 guajon 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 guajon 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 
guajon 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