Endangered and Threatened Wildlife and Plants; 12-Month Petition Finding, Proposed Listing of Coquí Llanero as Endangered, and Designation of Critical Habitat for Coquí Llanero, 63420-63442 [2011-25809]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Proposed Rules]
[Pages 63420-63442]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25809]



[[Page 63419]]

Vol. 76

Wednesday,

No. 197

October 12, 2011

Part III





Department of the Interior





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





Fish and Wildlife Service





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





50 CFR Part 17





Endangered and Threatened Wildlife and Plants; 12-Month Petition 
Finding, Proposed Listing of Coqu[iacute] Llanero as Endangered, and 
Designation of Critical Habitat for Coqu[iacute] Llanero; Proposed Rule

Federal Register / Vol. 76 , No. 197 / Wednesday, October 12, 2011 / 
Proposed Rules

[[Page 63420]]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2009-0022]
RIN 1018-AX68


Endangered and Threatened Wildlife and Plants; 12-Month Petition 
Finding, Proposed Listing of Coqu[iacute] Llanero as Endangered, and 
Designation of Critical Habitat for Coqu[iacute] Llanero

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; 12-month finding.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
12-month finding on a petition to list the coqu[iacute] llanero 
(Eleutherodactylus juanariveroi), an endemic Puerto Rican tree frog, as 
endangered under the Endangered Species Act of 1973, as amended (Act) 
and to designate critical habitat. After review of all available 
scientific and commercial information, we find that listing the 
coqu[iacute] llanero as an endangered species under the Act is 
warranted. Accordingly, we propose to list the coqu[iacute] llanero as 
an endangered species throughout its range and designate critical 
habitat for the species pursuant to the Act. In total, we propose 
approximately 615 acres (249 hectares) of a freshwater wetland for 
designation as critical habitat. The proposed critical habitat is 
located in Sabana Seca Ward, Toa Baja, Puerto Rico. This proposed rule, 
if made final, would extend the Act's protections to this species. The 
Service seeks data and comments from the public on this proposed 
listing rule and the designation of critical habitat for the species.

DATES: We will consider comments received or postmarked on or before 
December 12, 2011. We must receive requests for a public hearing, in 
writing, at the address shown in the FOR FURTHER INFORMATION CONTACT 
section by November 28, 2011.

ADDRESSES: (1) Electronically: Go to the Federal eRulemaking Portal: 
https://www.regulations.gov. Search for Docket No. FWS-R4-ES-2009-0022, 
which is the docket number for this rulemaking.
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R4-ES-2009-0022; Division of Policy and 
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax 
Drive, MS 2042-PDM; Arlington, VA 22203.
    We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Information Requested section below for more details).

FOR FURTHER INFORMATION CONTACT: Marelisa Rivera, Deputy Field 
Supervisor, U.S. Fish and Wildlife Service, Caribbean Ecological 
Services Field Office, P.O. Box 491, Road 301 Km 5.1, Boquer[oacute]n, 
Puerto Rico; by telephone, 787-851-7297, extension 206; or by 
facsimile, 787-851-7440. If you use a telecommunications device for the 
deaf (TDD), please call the Federal Information Relay Service (FIRS) at 
800-877-8339.

SUPPLEMENTARY INFORMATION: 

Information Requested

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from other concerned Federal and State 
agencies, the scientific community, or any other interested party 
concerning this proposed rule. We particularly seek comments 
concerning:
    (1) Additional information concerning the historical and current 
status, range, distribution, and population size of this species, 
including the locations of any additional populations of this species.
    (2) Any information on the biological or ecological requirements of 
the species, and ongoing conservation measures for the species and its 
habitat.
    (3) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to this species and regulations that may 
be addressing those threats.
    (4) Current or planned activities in the areas occupied by the 
species and possible impacts of these activities on this species.
    (5) Additional information regarding the threats to the species 
under the five listing factors, which are:
    (a) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (b) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (c) Disease or predation;
    (d) The inadequacy of existing regulatory mechanisms; and
    (e) Other natural or manmade factors affecting its continued 
existence.
    (6) The reasons why areas should or should not be designated as 
critical habitat as provided by section 4 of the Act (16 U.S.C. 1531 et 
seq.), including the possible risks or benefits of designating critical 
habitat, including risks associated with publication of maps 
designating any area on which this species may be located, now or in 
the future, as critical habitat.
    (7) The following specific information on:
    (a) The amount and distribution of habitat for coqu[iacute] 
llanero;
    (b) What areas, that were occupied at the time of listing (or are 
currently occupied) and that contain the physical and biological 
features essential to the conservation of this species, should be 
included in a critical habitat designation and why;
    (c) Special management considerations or protection that may be 
needed for the essential features in critical habitat areas, including 
managing for the potential effects of climate change; and
    (d) What areas not occupied at the time of listing are essential 
for the conservation of this species and why.
    (8) Information on the projected and reasonably likely impacts of 
changing environmental conditions resulting from climate change on the 
species and its habitat.
    (9) Any probable economic, national security, or other relevant 
impacts of designating any area that may be included in the final 
designation; in particular, any impacts on small entities or families, 
and the benefits of including or excluding areas that exhibit these 
impacts.
    (10) Whether we could improve or modify our approach to designating 
critical habitat in any way to provide for greater public participation 
and understanding, or to better accommodate public concerns and 
comments.
    (11) Information on whether the benefits of an exclusion of any 
particular area outweigh the benefits of inclusion under section 
4(b)(2) of the Act.
    Please note that submissions merely stating support for or 
opposition to the action under consideration without providing 
supporting information, although noted, will not be considered in 
making a determination, as section 4(b)(1)(A) of the Act directs that 
determinations as to whether any species is an endangered or threatened 
species must be made ``solely on the basis of the best scientific and 
commercial data available.''
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. If you submit 
information via https://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the 
Web site. If your

[[Page 63421]]

submission is made via a hardcopy that includes personal identifying 
information, you may request at the top of your document that we 
withhold this information from public review. However, we cannot 
guarantee that we will be able to do so. We will post all hardcopy 
submissions on https://www.regulations.gov. Please include sufficient 
information with your comments to allow us to verify any scientific or 
commercial information you include.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Caribbean Ecological Services Field Office (see FOR 
FURTHER INFORMATION CONTACT).

Background

    Section 4(b)(3)(B) of the Act requires that, for any petition to 
revise the Federal Lists of Threatened and Endangered Wildlife and 
Plants that contains substantial scientific or commercial information 
that listing a species may be warranted, we make a finding within 12 
months of the date of receipt of the petition on whether the petitioned 
action is: (a) Not warranted; (b) warranted; or (3) warranted, but the 
immediate proposal of a regulation implementing the petitioned action 
is precluded by other pending proposals to determine whether any 
species is endangered or threatened, and expeditious progress is being 
made to add or remove qualified species from the Federal Lists of 
Endangered and Threatened Wildlife and Plants. In this document, we 
have determined that the petitioned action to list coqu[iacute] llanero 
is warranted, and we are publishing a proposed rule to list the species 
and to designate critical habitat for the species.

Previous Federal Actions

    On May 22, 2007, we received a petition, dated May 11, 2007, from 
the Caribbean Primate Research Center (CPRC) (CPRC 2007, pp. 1-29) 
requesting that coqu[iacute] llanero be listed as endangered under the 
Act. The petition also requested that we designate critical habitat 
concurrently with listing, if listing occurs. In a letter to the 
petitioner dated July 23, 2007, we acknowledged receipt of the petition 
and also stated that (1) We would not be able to address the petition 
until funding became available, and (2) actions requested by this 
petition were precluded by court orders and settlement agreements for 
other listing actions that required nearly all of our listing funds for 
the current (2007) fiscal year.
    On January 22, 2009, we received an amended petition dated and 
signed by the petitioner on January 13, 2009. The amended petition 
included updated information on current threats to the species and its 
habitat (CPRC 2009, pp. 1-19). On July 8, 2009, we published in the 
Federal Register (74 FR 32510) our finding that the petition to list 
coqu[iacute] llanero presented substantial information indicating that 
the requested action may be warranted, and we initiated a status review 
of the species.
    In this document, we present our 12-month finding on the petition, 
and we also propose listing the species as endangered and propose to 
designate critical habitat for the species.

Species Information

Species Biology
    Coqu[iacute] llanero is an endemic Puerto Rican tree frog. 
Coqu[iacute] llanero is the smallest and only known herbaceous wetland 
specialist within the taxonomic genus Eleutherodactylus in Puerto Rico 
(R[iacute]os-L[oacute]pez and Thomas 2007, p. 62). It has a mean snout-
vent length of 0.58 inches (in.) (14.7 millimeters (mm)) in males and 
0.62 in. (15.8 mm) in females. The nares (nasal passages) are prominent 
and a ridge connects them behind the snout tip, giving the tip a 
somewhat squared appearance. The species has well-developed glands 
throughout its body; its dorsal coloration is yellow to yellowish brown 
with a light, longitudinal, reversed comma mark on each side; and its 
mid-dorsal zone is broadly bifurcated (divided into two branches) 
(R[iacute]os-L[oacute]pez and Thomas 2007, p. 55). The species' 
communication call consists of a series of short, high-pitched notes 
with call duration varying from 4 to 21 seconds. The advertisement call 
has the highest frequency among all Puerto Rican Eleutherodactylus, 
between 7.38 and 8.28 kilohertz (R[iacute]os-L[oacute]pez and Thomas 
2007, p. 61). The calling activity starts at approximately 4:30 p.m. 
and decreases significantly before midnight.
    Coqu[iacute] llanero is insectivorous (feeds on small insects). The 
species has been observed to reproduce only on the plant Sagittaria 
lancifolia (CPRC 2009, p. 4). Egg clutches were found on leaf axils (21 
egg clutches) or leaf surfaces (3 egg clutches) of only S. lancifolia 
(R[iacute]os-L[oacute]pez and Thomas 2007, p. 60) within the wetland 
area. Coqu[iacute] llanero has the lowest reproductive output of any 
coqu[iacute] species in Puerto Rico; egg clutches are comprised of one 
to five eggs and are found on leaf axils or leaf surfaces between 1.3 
feet (ft) (0.4 meters (m)) and 3.9 ft (1.2 m) above water level 
(R[iacute]os-L[oacute]pez and Thomas 2007, pp. 53-62). Observers did 
not witness parental care in the field (CPRC 2009, p. 5).
Genetics and Taxonomy
    Coqu[iacute] llanero was first collected by Neftal[iacute] 
R[iacute]os-L[oacute]pez and Richard Thomas in 2005. In 2007, 
coqu[iacute] llanero was described as a new species of the genus 
Eleutherodactylus, family Leptodactylidae. Although the coqu[iacute] 
llanero is similar to Eleutherodactylus gryllus, differences in 
morphological ratios, body coloration, call frequency and structure, 
DNA, and habitat association indicate that it is a well-differentiated 
species (R[iacute]os-L[oacute]pez and Thomas 2007, pp. 53-60; CPRC 
2009, p. 1). Coqu[iacute] llanero is the only known herbaceous wetland 
specialist within the taxonomic genus Eleutherodactylus in Puerto Rico 
(R[iacute]os-L[oacute]pez and Thomas 2007, p. 62).
Distribution and Habitat
    The habitat of coqu[iacute] llanero is located within the 
subtropical moist forest life zone (tropical and subtropical forest 
ecosystems) (Ewel and Whitmore 1973, pp. 20-38). This life zone (areas 
with similar plant and animal communities) covers about 60.5 percent of 
the total area of Puerto Rico (Ewel and Whitmore 1973, p. 9). The 
species appears to be an obligate marsh dweller (R[iacute]os-
L[oacute]pez 2007, p. 195). Coqu[iacute] llanero has been found only in 
freshwater, herbaceous, wetland habitat at 55.8-ft (17-m) elevation 
(R[iacute]os-L[oacute]pez and Thomas 2007, p. 60). The National Wetland 
Inventory (NWI) classifies the majority of this wetland as palustrine. 
Palustrine wetlands are non-tidal wetlands, where the salinity due to 
ocean-derived salts is less than 0.5 [permil] parts per thousand (ppt) 
and the emergent vegetation is persistent seasonally flooded having 
surface water present for extended periods during the growing season. 
The soils of this wetland consist of swamp and marsh organic deposits 
from Pleistocene or recent origin or both (R[iacute]os-L[oacute]pez and 
Thomas 2007, p. 60). The species' habitat may represent a relic of an 
endemic seasonally to permanently flooded, herbaceous, wetland habitat 
type (R[iacute]os-L[oacute]pez and Thomas 2007, p. 63). Herbaceous 
vegetation in this habitat shows a species composition consisting of 
Blechnum serrulatum (toothed midsorus fern), Thelypteris interrupta 
(willdenow's maiden fern), Sagittaria lancifolia (bulltongue 
arrowhead), Cyperus sp. (flatsedges), Eleocharis sp. (spike rushes), 
and vines and grasses

[[Page 63422]]

(R[iacute]os-L[oacute]pez and Thomas 2007, p. 60). The majority of 
coqu[iacute] llaneros have been found perching and calling on the 
toothed midsorus fern and willdenow's maiden fern. At the time the 
species was first discovered, all the individuals collected were 
perching, sitting, or calling on herbaceous vegetation, mainly on 
ferns.
    Coqu[iacute] llanero was first collected by Neftal[iacute] 
R[iacute]os-L[oacute]pez and Richard Thomas in 2005 from a freshwater, 
herbaceous wetland on the closed U.S. Naval Security Group Activity 
Sabana Seca (USNSGASS) property and the Caribbean Primate Research 
Center (CPRC) of Medical Sciences Campus, University of Puerto Rico, 
Toa Baja, Puerto Rico (PR). This wetland area is considered as the 
``type location'' (similar location) because the species was first 
collected and described from this area.
    At the time the frog was described, it was known to occur at the 
Ingenio Sector in the Sabana Seca Ward, Toa Baja, a municipality of 
Puerto Rico located on the northern coast, north of Toa Alta and 
Bayam[oacute]n, east of Dorado, and west of Cata[ntilde]o, 
approximately 12 miles (mi) (20 kilometers (km)) from San Juan, PR. The 
coqu[iacute] llanero is now documented on lands owned or managed by 
three entities. One area, the closed USNSGASS, is comprised of 
approximately 865 ac (350.1 ha). Of these 865 ac (350.1 ha), the 
coqu[iacute] llanero has been documented on 260 ac (105 ha) of wetlands 
within these lands. Further, coqu[iacute] llanero has been found in a 
wetland area that comprises approximately 258 ac (104 ha) and is 
currently military reservation lands adjacent to the closed military 
facility (Tec Inc. and AH Environmental 2008, p. 3-1). In addition, 
approximately 97 ac (39 ha) of wetlands owned by the University of 
Puerto Rico and the Puerto Rico Land Authority have coqu[iacute] 
llanero present. Thus, at the present time, the coqu[iacute] llanero is 
known to occur on a total of 615 ac (249 ha) (Geo-Marine 2002, pp. 2-
13; R[iacute]os-L[oacute]pez and Thomas 2007, p. 60; Joglar 2007, p. 2; 
Tec Inc. and AH Environmental 2008, p. 3-2; PR Land Authority 2011, 
unpublished data; Service 2011, unpublished data). The type locality 
(geographical location where species is known to occur) wetland where 
coqu[iacute] llanero occurred was an area used by the USNSGASS between 
the late 1930s and early 1940s for military purposes during World War 
II (U.S. Navy 2006, p. 3-2). Since then, the habitat of coqu[iacute] 
llanero within this area has experienced little disturbance due to 
restricted access of people and the limited development of military 
facilities (R[iacute]os-L[oacute]pez 2007, p. 196).
    Coqu[iacute] llanero's limited range may reflect a remnant 
population of a once widely distributed herbaceous wetland specialist 
whose habitat was decimated by historic land uses (R[iacute]os-
L[oacute]pez and Thomas 2007, p. 62). During European colonization, 
land was extensively drained and modified for agricultural practices. A 
shift in the Puerto Rican economy from agriculture to industry led to 
land abandonment, and most of these lands were invaded by herbaceous 
vegetation or converted for urban development. R[iacute]os-L[oacute]pez 
and Thomas (2007, p. 63) indicated that recent surveys conducted in 
wetlands near the current known population of coqu[iacute] llanero 
failed to locate the species and that, apparently, there are few or no 
wetlands with plant composition similar to that found in the species' 
type locality wetland. R[iacute]os-L[oacute]pez (2009, p. 4) also 
visited several nearby coastal palustrine wetlands in Cata[ntilde]o 
(Bacardi Factory area) to the east of the type locality wetland, all 
major regions of Toa Baja (within the same municipality of the type 
locality wetland), towards the west along several of the coastal 
municipalities (Dorado, Vega Alta, Manat[iacute], Vega Baja and Camuy), 
and Mayag[uuml]ez on the west side of the island. All of these areas 
were selected based on similar hydrogeological information provided by 
Geographic Information System experts from the Puerto Rico Department 
of Natural and Environmental Resources (PRDNER). Even though some of 
these wetlands would seem to provide suitable habitat for the 
coqu[iacute] llanero, the species was not detected in any of the 
locations. Joglar (2007, p. 1) also visited other areas outside of the 
known type locality wetland, including the North Tract in Sabana Seca 
(USNSGASS) and other localities in Toa Baja and Las Cucharillas in 
Cata[ntilde]o, all in northern Puerto Rico. Coqu[iacute] llanero was 
not detected at any of these locations.
    Using the NWI maps, EGIS, Inc. conducted a limited search for 
potential suitable coqu[iacute] llanero habitat outside of the type 
locality wetland, using Sagittaria lancifolia as an indicator (EGIS 
2007, p. 21). They selected 15 sites within the freshwater emergent and 
forested/shrub wetland designations. They found extensive growth of S. 
lancifolia in only one of these localities. Tortuguero Lagoon is 
another freshwater wetland also mentioned to contain S. lancifolia. 
R[iacute]os-L[oacute]pez also searched for the coqu[iacute] llanero 
within this lagoon but found no coqu[iacute] llanero activity. In 
addition, EGIS included in their report a herbarium list from the 
University of Puerto Rico that specifies 11 localities where S. 
lancifolia was found (EGIS 2007, Appendix E). Some of these localities 
are within coqu[iacute] llanero's type locality wetland, and others 
have already been searched for coqu[iacute] llanero activity without 
positive results.
    Coqu[iacute] llanero was estimated to occur on approximately 445 ac 
(180 ha) when first discovered and described. Joglar (2007, p. 2) 
conducted additional surveys and estimated the distribution of the 
species to be approximately 504.5 ac (204 ha). The Service has 
estimated the palustrine herbaceous wetland area where the coqu[iacute] 
llanero is now found to be about 615 ac (249 ha) (Service 2011, 
unpublished data).
    Vega-Castillo (2011) conducted diurnal and nocturnal surveys in 
wetland areas and channels located between PR Road-867 and PR Road-165 
to the north of where coqu[iacute] llanero is currently found while 
evaluating the proposed alignment for a natural gas pipeline. These 
surveys were conducted during January 2011, using recorded male calling 
(Vega-Castillo 2011, pp. 9-12). During this period, Vega-Castillo 
(2011) detected at least 6 individuals of coqu[iacute] llanero 
vocalizing at the edge of a vegetated drainage channel that is a 
tributary of the Cocal River. The location where these individuals were 
reported is located about 1.7 mi (2.7 km) northwest from the area where 
coqu[iacute] llanero are known to currently inhabit. This area is 
mainly dominated by pasture (Vega-Castillo 2011, p. 12). In March 2011, 
Service biologists conducted several site visits to the area to confirm 
the report. In addition, the Service installed a recorder for a 24-hour 
period in March 2011, to detect individuals vocalizing in the area. 
However, the Service did not detect the species in this area. Based on 
the Service's observations, the area is highly degraded, is dominated 
by lands converted to pasture and burned, and is not considered in the 
total habitat occupied by coqu[iacute] llanero.
    Although the petition reports an average of 181 individuals per 
acre (450 individuals per hectare) (CPRC 2009, p. 5), at the present 
time, no current population estimates are available for the species.

Summary of Information Pertaining to the Five Threat Factors

    Section 4 of the Act and its implementing regulations (50 CFR part 
424) set forth the procedures for adding species to the Federal Lists 
of Endangered and Threatened Wildlife and Plants. A species may be 
determined to be an endangered or threatened species due to one or more

[[Page 63423]]

of the following five factors described in section 4(a)(1) of the Act:
    (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (B) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (C) Disease or predation;
    (D) The inadequacy of existing regulatory mechanisms; and
    (E) Other natural or manmade factors affecting its continued 
existence.
    Listing actions may be warranted based on any of the above threat 
factors, singly or in combination. Each of these factors is discussed 
below.
    In considering what factors might constitute threats to a species, 
we must look beyond the exposure of the species to a particular factor 
to evaluate whether the species may respond to that factor in a way 
that causes actual impacts to the species. If there is exposure to a 
factor and the species responds negatively, the factor may be a threat 
and, during our review, we attempt to determine how significant a 
threat it is. The threat is significant if it drives, or contributes 
to, the risk of extinction of the species such that the species 
warrants listing as endangered or threatened as those terms are defined 
in the Act. However, the identification of factors that could impact a 
species negatively may not be sufficient to compel a finding that the 
species warrants listing. The information must include evidence 
sufficient to suggest that these factors are operative threats that act 
on the species to the point that the species may meet the definition of 
endangered or threatened under the Act.

Factor A: The Present or Threatened Destruction, Modification, or 
Curtailment of Its Habitat or Range

    The coqu[iacute] llanero was discovered in 2005. Additional on-the-
ground surveys based upon habitat characteristics revealed no 
additional populations. As a result, we do not know if the historical 
range of the species may be different from its present, known range. 
Thus, we are able to present and discuss only potential factors that 
may affect the current habitat or range of coqu[iacute] llanero in this 
section, including: (1) Urban development; (2) operation and possible 
expansion of a go-kart and motorbike race track in coqu[iacute] llanero 
wetland habitat; (3) contamination from the Toa Baja Municipal Landfill 
(TBML); (4) habitat degradation for flood control projects; and (5) 
competition from invasive wetland plant species.
Urban Development
    Coqu[iacute] llanero and its habitat are threatened by large-scale 
residential projects that are currently planned within and around the 
site where the species is known to occur (Gonz[aacute]lez 2010, pers. 
comm.; R[iacute]os-L[oacute]pez 2010, pers. comm.). The most 
significant portion of this habitat falls within the southern portion 
of the USNSGASS. The USNSGASS land comprises approximately 2,195 ac 
(888 ha), which is divided into two large areas: the North and South 
Tracts. The North Tract accounts for approximately 1,330 ac (538 ha), 
with the majority of land currently leased to a local cattle farmer. 
The South Tract comprises approximately 865 ac (350 ha) and is where 
the coqu[iacute] llanero is known to occur on 260 ac (105 ha).
    The U.S. Navy (USNSGASS) is disposing the property in accordance 
with Section 2801 of the National Defense Authorization Act (NDAA) for 
Fiscal Year 1996 (FY1996), Public Law 104-106, 110 Stat. 186 (10 U.S.C. 
2871-2885), as amended. Section 2801 of NDAA provides the authority to 
the Department of Defense (DOD) to work with the private sector 
nationwide, in order to build and renovate family housing and ancillary 
facilities in key areas of need. The Navy is conveying approximately 
2,075 ac (840 ha) of the property to a private entity, Sabana Seca Land 
Management (SSLM), LLC, which is associated with the Navy's Public 
Private Venture partnership for military family housing (Tec Inc. and 
AH Environmental 2008, p. ES-1). SSLM will market and sell the closed 
Navy base property to non-Federal entities through Forest City 
Enterprises, Inc.
    The environmental assessment (EA) for the transfer-disposal of 
USNSGASS property states that the property disposed of by the Navy 
would be redeveloped in a manner similar to surrounding areas (Tec Inc. 
and AH Environmental 2008, p. 4-1). According to the EA, the preferred 
alternative for the wetland area that contains occupied coqu[iacute] 
llanero habitat is residential use (Tec Inc. and AH Environmental 2008, 
p. 2-2). Furthermore, the coqu[iacute] llanero wetland habitat is not 
within the areas that would be zoned for conservation by the Toa Baja 
municipality, and, according to their land-use plan, they intend to 
zone the wetland area for residential development. Also, coqu[iacute] 
llanero wetland habitat is not within the parcels to be conveyed to the 
University of Puerto Rico to be protected in perpetuity.
    The ultimate reuse of the USNSGASS property would be determined by 
the non-Federal entities receiving the property from SSLM and Forest 
City Enterprises, Inc. The EA explains that the development within 
wetlands and the magnitude of the impacts that could occur, if such 
development was permitted, would be dependent upon the actual placement 
of new residential areas and the amount of wetland removal or 
alteration allowed for site development (Tec Inc. and AH Environmental 
2008, p. 4-15). Possible impacts (approximately 221 ac (89 ha) of 
palustrine emergent wetlands (Tec Inc. and AH Environmental 2008, p. 4-
16)) could occur by draining and filling these wetlands, which are 
occupied by coqu[iacute] llanero, leaving little to no suitable habitat 
for coqu[iacute] llanero to carry out its life-history processes. In 
addition, filling the wetlands for future development could require 
Clean Water Act (CWA; 33 U.S.C. 1251 et seq.) Section 404 permits from 
the U.S. Army Corps of Engineers (Corps). If the species is listed, and 
the development would likely adversely affect the species, consultation 
under section 7 of the Act would be conducted between the Corps and the 
Service.
    Nevertheless, prior to the discovery of coqu[iacute] llanero, land 
use-history for this area has shown that urban and commercial 
development has adversely impacted wetland resources, and although not 
documented, presumably affected coqu[iacute] llanero individuals and 
its habitat. An example of those impacts is the fill of a freshwater 
emergent wetland for residential housing at the western end of current 
coqu[iacute] llanero habitat (Zegarra and Pacheco 2010, personal 
observation). The wetland where coqu[iacute] llanero is currently known 
to be present was previously impacted by the construction and 
maintenance of Redman Road. This road was constructed in an area 
identified in the NWI maps as freshwater emergent and forested shrub 
wetlands and its construction interrupted the natural flow of water and 
affected the hydrology of the wetland. Further adverse effects to the 
same wetland habitat can be observed in the residential community that 
exists on the boundary of the closed USNSGASS property near the 
intersection of PR Road-867 and Redman Road. This community has 
expanded over the past 40 years and presently consists of approximately 
50 houses, 20 of which are on Navy property (U.S. Navy 2000 in Tec Inc. 
and AH Environmental 2008, p. 3-4). Prior to the closure of the 
USNSGASS, the Navy was planning to construct a new fence on the 
property to eliminate further encroachment on its land

[[Page 63424]]

holdings (Tec Inc. and AH Environmental 2008, p. 3-6).
    Implementing the preferred alternative of the EA for the disposal 
of the USNSGASS property may result in the destruction of approximately 
416 ac (168 ha) of wetlands, including coqu[iacute] llanero habitat 
(Tec Inc. and AH Environmental 2008, p. 4-5). Additionally, 
implementing the preferred alternative would most likely result in new 
residential development (Tec Inc. and AH Environmental 2008, p. 4-6). 
According to the Puerto Rican Planning Board (PRPB) Web site, 11 
development projects are under evaluation around the southern section 
of the wetland currently occupied by coqu[iacute] llanero, possibly 
impacting a total of 1,087 ac (440 ha) (https://www.jp.gobierno.pr, 
accessed online February 2010). Urban development adjacent to the 
wetland would fragment and directly impact coqu[iacute] llanero 
suitable habitat and would limit the species' population expansion in 
the area. In addition, with the creation of new residential projects, 
traffic would be expected to increase, and thus, the three primary 
roadways surrounding the USNSGASS would likely require some 
improvements (Tec Inc. and AH Environmental 2008, p. 4-6). Vehicle 
traffic on roads within the essential habitat of amphibian species can 
be a direct source of mortality and, in some instances, can be 
catastrophic and should not be underestimated (Glista et al. 2007, p. 
85). According to Janice Gonz[aacute]les, Director of the CPRC, 
approximately 30 CPRC employees drive vehicles on Redman Road daily as 
it is currently the main access road to the CPRC (Gonz[aacute]les 2010, 
pers. comm.). Any improvement of the road or increase in traffic may 
affect the suitability of the wetland. The biological effects to 
coqu[iacute] llanero from the existing road network around the southern 
section of the wetlands are not well understood. The combination of 
habitat fragmentation and high vehicle use of the roads may negatively 
impact coqu[iacute] llanero and its habitat through loss of habitat 
connectivity, degradation of water quality, direct mortality, edge 
effect of road and wetland, and changes in hydrology.
    For these reasons, we conclude that urban development and 
associated infrastructure and human use is a significant threat to 
coqu[iacute] llanero by direct mortality and due to permanent loss, 
fragmentation, or alteration of its habitat.
Go-Kart and Motorbike Race Track
    Although the Service does not have information regarding the 
specific date of the construction of the existing race track, we 
estimate that approximately 29 ac (12 ha) of freshwater emergent and 
forested shrub wetlands were impacted. These data were quantified using 
Geographic Information Systems analysis with aerial photography and the 
NWI layers. The Puerto Rico Department of Natural and Environmental 
Resources (PRDNER) provided a photograph of coqu[iacute] llanero 
habitat that was filled by the construction of the race track (PRDNER 
2007b, p. 25). It is also evident that the race track floods during 
heavy rain events and serves as a potential source of contamination 
with oil, gasoline, and other pollutants, affecting the suitability of 
adjacent coqu[iacute] llanero habitat (PRDNER 2007b, p. 25). The 
possible effects of waterborne contaminants on coqu[iacute] llanero are 
discussed under Factor E.
    Comments submitted by SSLM (2009, p. 4) expressed concern when the 
operators of the race track removed soil to expand the parking lot. The 
soil was deposited on the USNSGASS grounds, affecting coqu[iacute] 
llanero habitat by filling part of the wetland. Joglar (2007, p. 2) 
identified the wetland area contiguous to the race track as occupied by 
coqu[iacute] llanero.
    Therefore, we conclude that any further expansion of the race track 
or its operation may potentially impact coqu[iacute] llanero by 
permanent loss, alteration, or contamination of its habitat.
Toa Baja Municipal Landfill (TBML)
    The current operation of the Toa Baja Municipal Landfill (TBML) 
constitutes a threat to coqu[iacute] llanero. The landfill is located 
inland on top of a limestone hill 0.5 mi (0.8 km) south of known 
coqu[iacute] llanero habitat. The polluted discharge or run-off waters 
from the continued operation of the landfill may pose a serious threat 
to the species because underground contaminated waters and leachates 
reaching the wetlands may change water quality, soils, and consequently 
plant composition (CPRC 2009, pp. 6-9). See discussion below under 
Factor E.
    The legal representative for the Toa Baja Municipal Administration 
sent a letter to the Service dated September 8, 2009, supporting the 
listing of coqu[iacute] llanero as endangered and supporting the PRDNER 
Essential Critical Natural Habitat delineation except for one 83 ac 
(33.6 ha) parcel necessary for the implementation of the TBML closure 
activities ordered by the U.S. Environmental Protection Agency (EPA). 
According to a PRDNER technical assistance letter dated February 26, 
2010 (PRDNER 2010, pp. 1-6), another area on the north side of the TBML 
is also being considered for use in the landfill closure activities. 
This area, identified as Area B by the Puerto Rico Environmental 
Quality Board (EQB), is located within the PRDNER's designated 
Essential Critical Natural Habitat for the coqu[iacute] llanero. 
Activities identified in the closure procedures will direct the TBML 
stormwater drainages towards the wetland. Stormwater that drains from 
the TBML currently flows into coqu[iacute] llanero habitat and is 
contaminated with leachate (see Factor E discussion). In addition, the 
TBML closure measures would modify the hydrology of the area and could 
adversely affect the hydrology of the coqu[iacute] llanero wetland by 
affecting part of the limestone hills, which supply water to the 
wetland and affect the suitability of habitat for the species.
    Therefore, we conclude that the current operation and the possible 
closure measures of the TBML are a threat to the coqu[iacute] llanero 
by potentially altering the hydrology of its wetland habitat and by 
contaminating the wetland with the landfill run-off.
Channel-Clearing Activities for Flood Control
    The municipality of Toa Baja periodically removes riparian 
vegetation along the main drainage channel within the wetland where the 
coqu[iacute] llanero is known to occur. These flood control measures 
are implemented during the rainy season to facilitate water flow and 
prevent flooding of nearby communities including Ingenio, Villas del 
Sol, and Brisas de Campanero. However, channel-clearing activities may 
facilitate drainage and drying of the wetland and accelerate 
colonization of invasive, herbaceous vegetation along the edges of the 
channel towards the wetland (R[iacute]os-L[oacute]pez 2009, p. 3). 
Preliminary studies on the reproductive biology of coqu[iacute] llanero 
suggest that wetland areas subjected to prolonged dry periods (e.g., 
towards the edges of wetland) are characterized by greater vegetation 
cover of grasses instead of the native ferns and arrowheads that the 
coqu[iacute] llanero depends on for reproduction and survival. These 
areas also have a disproportionate abundance of coqu[iacute] llanero 
egg clutch predators, both native and exotic mollusks and insects 
(R[iacute]os-L[oacute]pez 2009, pp. 3, 11).
    Therefore, we conclude that channel-clearing activities may be an 
indirect threat to the coqu[iacute] llanero because they prolong dryer 
conditions along the edges of the wetland, allowing invasive plants and 
predators to colonize the wetland.

[[Page 63425]]

Invasive Wetland Plant Species
    Invasive, native wetland plants such as Typha domingensis (Southern 
cattail) may invade and alter diverse native wetland communities, often 
resulting in plant monocultures that support few wildlife species 
(Houlahan and Findlay 2004, p. 1132). Southern cattail may alter the 
wetland attributes, including geomorphology, fire regime, hydrology, 
microclimate, nutrient cycling, and productivity (Woo and Zedler 2002, 
p. 509). Based on our previous experience in the Laguna Cartagena 
National Wildlife Refuge, the southern cattail colonized disturbed 
areas faster than other native wetland plants, thereby excluding the 
other native plants. The southern cattail is currently found in patches 
within the coqu[iacute] llanero wetland habitat (Service 2011, pers. 
obs.). If the southern cattail continues to spread and colonizes the 
coqu[iacute] llanero wetland habitat, it could replace all Sagittaria 
lancifolia and the ferns that the coqu[iacute] depends on for 
reproduction and normal behavior.
    Therefore, we conclude that invasive wetland species are a threat 
to the coqu[iacute] llanero due to changes in the wetland hydrology and 
plant species composition the coqu[iacute] llanero needs for survival.
Summary of Factor A
    Based on the best scientific and commercial information available, 
we consider the present or threatened destruction, modification, or 
curtailment of the species' habitat or range to be a high-magnitude and 
ongoing (imminent) threat to the coqu[iacute] llanero. We believe that 
the species is currently threatened by urban development, by the 
operation of the existing race track, by activities associated with the 
operation and future closure of the TBML, by channel-clearing 
activities for flood control, and by invasive plant species. The scope 
of this factor is exacerbated because the only known population of 
coqu[iacute] llanero occurs on land that is slated for development and 
surrounded by lands subject to urban development. Because these threats 
are already occurring on the extremely localized known range of the 
coqu[iacute] llanero, they are having or are likely to have a 
significant impact on the species.

Factor B: Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    Coqu[iacute] llanero is not a commercially valuable species or a 
species sought after for recreational or educational purposes. However, 
this recently discovered tree frog species could be actively sought for 
scientific purposes. Forty-five coqu[iacute] llanero specimens were 
collected for scientific purposes in 2005, to describe the species, and 
some specimens have been deposited in universities and private 
collections (R[iacute]os-L[oacute]pez and Thomas 2007, p. 54). In 
addition, an undisclosed number of eggs and individuals were collected 
for scientific research of the species' reproductive biology, potential 
captive breeding capability, and pathogen sampling. While scientific 
collecting had been identified as a possible contribution to the 
decline of other coqu[iacute] species in Puerto Rico (Burrowes and 
Joglar 1991, p. 45), Commonwealth Law 241 and PRDNER Regulation 6766 
promulgated in 2007 have prohibited collection of coqu[iacute] llanero 
without authorization (PRDNER 2007a, p. 9). Currently, the species 
occurs in a closed area where access to the roads within the property 
is limited to Caribbean Primate Research Center (CPRC), University of 
Puerto Rico (U of PR), USNSGASS, and only permitted scientific research 
personnel (R[iacute]os-L[oacute]pez 2011, unpublished data).
    Based on the best scientific and commercial information available, 
we do not consider overutilization for commercial, recreational, 
scientific or educational purposes to presently be a significant threat 
to coqu[iacute] llanero. Currently, only a few researchers are working 
with the species, and collection is regulated by PRDNER. Therefore, 
coqu[iacute] llanero is not threatened by overutilization for 
commercial, recreational, scientific, or educational purposes.

Factor C: Disease or Predation

    The pathogenic chytrid fungus, Batrachochytrium dendrobatidis (Bd), 
is a widespread pathogen that is hypothesized to be the cause of mass 
mortality in some amphibian populations (Pilliod et al., 2009, p. 
1260). Chytridiomycosis (disease cause by the fungus) results when Bd 
invades keratinized tissue (tissue that makes the outside of the skin 
tough and resistant to injury) of an amphibian, disrupting cutaneous 
functions, compromising the host's immune system, and affecting the 
amphibian's behavior (Pilliod et al., 2009, p. 1260). In Puerto Rico, 
it appears to be endemic above 1968.5 ft (600 m), occurring from 
eastern Luquillo Mountains (El Yunque National Forest), throughout the 
Central Cordillera up to Maricao (Burrowes et al. 2008, p. 322); 
however, this range is outside of the only known location where 
coqu[iacute] llanero occurs (see Species Information). Five 
coqu[iacute] llanero individuals have been sampled for Bd, with 
negative results (Burrowes et al. 2008, p. 323). Although Bd has been 
detected at lower elevations in other tropical environments, the best 
scientific and commercial information available for coqu[iacute] 
llanero indicates that Bd is not a current threat to this species nor 
is it likely to become so in the near future, even taking into 
consideration changing environmental conditions due to climate change 
(see discussion under Factor E).
    New information submitted by R[iacute]os-L[oacute]pez (2009, p. 11) 
indicates that natural predation pressure may be strong and that 
interspecific competition for breeding sites may be significant. 
Preliminary data indicated that coqu[iacute] lanero has the lowest 
reproductive output of any coqu[iacute] species in Puerto Rico, 
averaging three eggs per clutch (PRDNER 2007a, p. 3; R[iacute]os-
L[oacute]pez and Thomas 2007, p. 60; R[iacute]os-L[oacute]pez 2009, p. 
5). Egg predation by native and exotic invertebrates was observed, with 
some predators consuming entire egg masses in 3 days.
    We conclude that the best scientific and commercial information 
available indicates, at the present time, that coqu[iacute] llanero is 
not currently threatened by any disease. However, predation is a threat 
to coqu[iacute] llanero, particularly at the dryer edges of the 
wetland, and could be exacerbated by the destruction, modification, or 
curtailment of the species' habitat (see discussion under Factor A). 
The information available suggests that flooded conditions may limit 
predation pressure against coqu[iacute] llanero. Therefore, based on 
the best scientific and commercial information available to us, we 
conclude that predation is a threat to the continued existence of the 
species.

Factor D: The Inadequacy of Existing Regulatory Mechanisms

    Puerto Rico DNER designated coqu[iacute] llanero as Critically 
Endangered and designated its habitat as Essential Critical Natural 
Habitat under Commonwealth Law 241 and Regulation 6766 in July 2007 
(PRDNER 2007a and 2007b). Article 2 of Regulation 6766 includes all 
prohibitions and states that the designation as ``critically 
endangered'' prohibits any person from taking the species; it prohibits 
harm, possession, transportation, destruction, or import or export of 
individuals, nests, eggs, or juveniles without previous authorization 
from the Secretary of PRDNER (PRDNER 2007a, p. 9). The Puerto Rico DNER 
also designated approximately 1,602 ac (648 ha) as ``essential critical 
natural habitat'' under Regulation 6766 (PRDNER 2007b, p. 28).

[[Page 63426]]

Article 4.05 of this regulation specifies that an area designated as 
Essential Critical Natural Habitat cannot be modified unless scientific 
studies determine that such designation should be changed. Because 
coqu[iacute] llanero habitat is the first to be designated as Essential 
Critical Natural Habitat under Commonwealth Law 241 and Regulation 
6766, the effective level of protection this law will provide is 
unknown. SSLM brought a lawsuit against the PRDNER for the critical 
habitat designation process of coqu[iacute] llanero. Although PRDNER's 
critical habitat designation process was upheld, the ruling is 
currently under review by Puerto Rico's Supreme Court. Presently, both 
of PRDNER's designations are valid and in regulation.
    Based on the best scientific and commercial information available 
and the uncertainty of the level of protection the existing laws will 
provide, we consider the inadequacy of existing regulatory mechanisms 
to be a threat to coqu[iacute] llanero.

Factor E: Other Natural or Manmade Factors Affecting Its Continued 
Existence

    In the following section we discuss the highly specialized 
ecological requirements of the species, as well as water and soil 
pollution, use of herbicides, brush fires, competition, climate change, 
and human use and access of the wetland area.
Highly Specialized Ecological Requirements
    Because of its highly specialized ecological requirements for 
reproduction, coqu[iacute] llanero's vulnerability to other threats 
discussed in this rule is exacerbated. As mentioned in the Background 
section, coqu[iacute] llanero is known to exist in only one freshwater 
wetland in the municipality of Toa Baja, and after several searches in 
other similar locations (apparently there are few or no wetlands with 
similar plant composition), the species was not detected. R[iacute]os-
L[oacute]pez and Thomas (2007, p. 60) found that the breeding events of 
coqu[iacute] llanero were limited to one plant species, Sagittaria 
lancifolia. S. lancifolia is an obligate wetland species indicator, and 
a general description of the major substrate types of the wetland where 
the coqu[iacute] llanero currently inhabits indicates a 7.4 percent 
vegetation cover of S. lancifolia (R[iacute]os-L[oacute]pez 2009, p. 
9). Coqu[iacute] llanero may also be selecting an intermediate S. 
lancifolia size class for egg laying, which suggests further 
specialization (R[iacute]os-L[oacute]pez 2010, unpubl. data, p. 8). 
Also, current research by R[iacute]os-L[oacute]pez (2010, unpubl. data, 
p. 11) suggests that reproduction may not occur randomly in space, but 
rather seems to be limited to plants located in areas of little 
disturbance, in areas that are permanently flooded, and in areas that 
are away from the wetland's edges.
    In summary, we believe that the highly specialized ecological 
requirements of coqu[iacute] llanero exacerbate its vulnerability to 
other threats, such that the continued existence of the species is 
likely to be impacted. Characteristics of the species, such as its 
limited distribution (currently found in only one freshwater wetland 
with a distinct vegetation composition) and the fact that it has the 
lowest reproductive output of all coqu[iacute] species in Puerto Rico 
heighten the effects of other threats as described in this rule. In 
addition, considering that coqu[iacute] llanero uses only the 
Sagittaria lancifolia for reproduction, it may limit the species' 
ability to expand to other wetland areas.
Water and Soil Pollution
    CPRC (2009, p. 6), PRDNER (2007b, p. 24), EGIS (2007, p. 4), and 
Joglar (2007, p. 6) identify the TBML leachates as a threat to 
coqu[iacute] llanero. This landfill is located on the limestone hills 
to the south of the wetland known to be occupied by coqu[iacute] 
llanero. CPRC submitted to EGIS a photograph of contaminated leachates 
draining towards the wetland habitat of coqu[iacute] llanero. The 
leachate study submitted by EGIS describes the hydrology of the area as 
typical of karst (an area of limestone terrene characterized by sinks, 
ravines, and underground streams) zones near the coast, in which the 
run-off generated in the limestone hills, including at the TBML, flows 
at or near the surface, through a series of channels and small valleys, 
until the flow reaches the marshes and wetlands areas (including 
coqu[iacute] llanero habitat) at the north (EGIS 2007, Appendix B, p. 
7). The study specifies that a dark-colored leachate is currently 
flowing from the TBML towards the closed USNSGASS property, and that 
even during periods of drought, the leachate flows continuously towards 
the USNSGASS property, with flows increasing during rain events (EGIS 
2007, Appendix B, p. 23). The leachate study identified high levels of 
arsenic, cyanide, sodium, lead, and chromium, among other elements. 
There does not seem to be much indication of petroleum-related 
concerns, although sampling more strategically near the race track 
facility could more accurately assess this contamination impact 
relative to coqu[iacute] llanero habitat (EGIS 2007, p. 5).
    Additional analytical laboratory results at other threat zones 
associated with the wetland indicate elevation of certain heavy metals, 
coliform bacteria, chemical oxygen demand, and pesticides (EGIS 2007, 
p. 18). High coliform bacteria counts could be from several sources, 
such as septic systems or the CPRC (EGIS 2007, p. 5). Of particular 
concern is the possibility of bioaccumulation of toxins throughout the 
wetland food chain (PRDNER 2007b, p. 24). It is highly probable that 
the contaminated conditions represented in the soil and standing water 
would not be hospitable to a sensitive amphibian species such as 
coqu[iacute] llanero that absorbs chemicals through the skin (EGIS 
2007, p. 5). Such chemicals could directly affect the coqu[iacute] 
llanero's development, cause abnormalities, or act indirectly by 
increasing the coqu[iacute] llanero's susceptibility to other 
environmental stressors such as infectious disease and predation 
(Taylor et al., 2005, p. 1497). We have no information indicating any 
negative response of the species to soil and water pollution; however, 
we consider water and soil pollution a potential threat to the species 
at this time.
Herbicides
    CPRC (2009, p. 7) identifies the use of herbicides in the closed 
USNSGASS, as part of the maintenance work on the grounds, as a current 
threat to the species. However, SSLM (2009, p. 9) claims that it does 
not use herbicides on the borders of the wetland as part of maintenance 
work on the USNSGASS property, and that the practice of using 
herbicides is not in accordance with its institutional environmental 
policies and the activities authorized to SSLM at the USNSGASS by the 
Navy. During a site visit, there were no signs that herbicides are 
being used along Redman Road within the area where coqu[iacute] llanero 
occurs on the USNSGASS, and a conversation with R[iacute]os-
L[oacute]pez (2011 pers. comm.) confirmed that the practice has 
apparently ceased.
    Nevertheless, herbicides may still be able to enter into the 
wetland because of possible herbicide use in the urban housing areas 
near coqu[iacute] llanero habitat. These herbicides could cause 
developmental abnormalities (e.g., limb malformations) to the 
coqu[iacute] llanero. In fact, pesticides have been known to be 
dispersed through precipitation and wind (Sparling et al. 2001, p. 
1595; Fellers et al. 2004, p. 2176). Other research suggests that 
important changes in an ecological community's food web result from 
pesticide and herbicide exposure, which influence the susceptibility of 
amphibian species to

[[Page 63427]]

contaminants (Boone and James 2003, p. 829). We have no information 
indicating any negative response of the species to herbicides; however, 
we consider the use of herbicides in the surrounding area as a 
potential threat to the species at this time.
Brush Fires
    Brush fires have been identified as a current threat to the species 
(CPRC 2009, p. 6). SSLM (2009, p. 9) mentioned that the only fire 
incidents reported since 2007 have occurred on the North Tract of the 
USNSGASS and were limited to two or three incidents per year during the 
drought season. Coqu[iacute] llanero habitat is surrounded by several 
developments (race track and urban housing) that facilitate exposure 
and invasion of any accidental or deliberate fires into the wetland 
footprint and adjacent forest. This could exacerbate the entrance of 
invasive plants such as southern cattail and change the vegetation 
composition of the wetland (see discussion under Factor A). In 
addition, these brush fires may encroach on the coqu[iacute] llanero's 
current limited habitat. A possibly extinct coqu[iacute] species in 
Puerto Rico (Eleutherodactylus jasperi) with limited distribution and 
highly specialized ecological requirements is known to have been 
adversely affected by fires in its type locality (D[iacute]az 1984, p. 
4).
    Therefore, we believe that brush fires may be a threat to the 
coqu[iacute] llanero and its habitat.
Competition
    A common, and more widespread, coqu[iacute] species of Puerto Rico 
(Eleutherodactylus cochranae) can utilize the same habitats as 
coqu[iacute] llanero, specifically the S. lancifolia egg-laying 
locations, displacing and damaging coqu[iacute] llanero eggs. These 
competitors rarely invade more permanently flooded areas of the 
wetland, suggesting a synergism between hydrology alteration and 
competition that may result in magnified, negative biological 
interactions against coqu[iacute] llanero (R[iacute]os-L[oacute]pez 
2009, p. 4).
    Competition is a threat to coqu[iacute] llanero, particularly at 
the dryer edges of the wetland and this threat could be exacerbated by 
the destruction, modification, or curtailment of the species habitat 
(See discussion in Factor A). The information available suggests that 
flooded conditions may limit competition pressure against coqu[iacute] 
llanero. Therefore, based on the best scientific and commercial 
information available to us, we conclude that competition is a threat 
to the continued existence of the species.
Climate Change
    ``Climate'' refers to an area's long-term average weather 
statistics (typically for at least 20- or 30-year periods), including 
the mean and variation of surface variables such as temperature, 
precipitation, and wind; ``climate change'' refers to a change in the 
mean or variability or both of climate properties that persists for an 
extended period (typically decades or longer), whether due to natural 
processes or human activity (Intergovernmental Panel on Climate Change 
(IPCC) 2007a, p. 78). Although changes in climate occur continuously 
over geological time, changes are now occurring at an accelerated rate. 
For example, at continental, regional, and ocean basin scales, recent 
observed changes in long-term trends include: a substantial increase in 
precipitation in eastern parts of North American and South America, 
northern Europe, and northern and central Asia, and an increase in 
intense tropical cyclone activity in the North Atlantic since about 
1970 (IPCC 2007a, p. 30); and an increase in annual average temperature 
of more than 2[deg] Fahrenheit (1.1[deg] Celsius) across the United 
States since 1960 (Global Climate Change Impacts in the United States 
(GCCIUS) 2009, p. 27). Examples of observed changes in the physical 
environment include: an increase in global average sea level, and 
declines in mountain glaciers and average snow cover in both the 
northern and southern hemispheres (IPCC 2007a, p. 30); substantial and 
accelerating reductions in Arctic sea-ice (e.g., Comiso et al. 2008, p. 
1); and a variety of changes in ecosystem processes, the distribution 
of species, and the timing of seasonal events (e.g., GCCIUS 2009, pp. 
79-88).
    The IPCC used Atmosphere-Ocean General Circulation Models and 
various greenhouse gas emissions scenarios to make projections of 
climate change globally and for broad regions through the 21st century 
(Meehl et al. 2007, p. 753; Randall et al. 2007, pp. 596-599), and 
reported these projections using a framework for characterizing 
certainty (Solomon et al. 2007, pp. 22-23). Examples include: (1) It is 
virtually certain there will be warmer and more frequent hot days and 
nights over most of the earth's land areas; (2) it is very likely there 
will be increased frequency of warm spells and heat waves over most 
land areas, and the frequency of heavy precipitation events will 
increase over most areas; and (3) it is likely that increases will 
occur in the incidence of extreme high sea level (excludes tsunamis), 
intense tropical cyclone activity, and the area affected by droughts 
(IPCC 2007b, p. 8, Table SPM.2). More recent analyses using a different 
global model and comparing other emissions scenarios resulted in 
similar projections of global temperature change across the different 
approaches (Prinn et al. 2011, pp. 527, 529).
    All models (not just those involving climate change) have some 
uncertainty associated with projections due to assumptions used, data 
available, and features of the models; with regard to climate change 
this includes factors such as assumptions related to emissions 
scenarios, internal climate variability, and differences among models. 
Despite this, however, under all global models and emissions scenarios, 
the overall projected trajectory of surface air temperature is one of 
increased warming compared to current conditions (Meehl et al. 2007, p. 
762; Prinn et al. 2011, p. 527). Climate models, emissions scenarios, 
and associated assumptions, data, and analytical techniques will 
continue to be refined, as will interpretations of projections, as more 
information becomes available. For instance, some changes in conditions 
are occurring more rapidly than initially projected, such as melting of 
Arctic sea-ice (Comiso et al. 2008, p. 1; Polyak et al. 2010, p. 1797), 
and since 2000 the observed emissions of greenhouse gases, which are a 
key influence on climate change, have been occurring at the mid- to 
higher levels of the various emissions scenarios developed in the late 
1990s and used by the IPPC for making projections (e.g., Raupach et al. 
2007, Figure 1, p. 10289; Manning et al. 2010, Figure 1, p. 377; Pielke 
et al. 2008, entire). Also, the best scientific and commercial data 
available indicate that average global surface air temperature is 
increasing and several climate-related changes are occurring and will 
continue for many decades even if emissions are stabilized soon (e.g., 
Meehl et al. 2007, pp. 822-829; Church et al. 2010, pp. 411-412; 
Gillett et al. 2011, entire).
    Changes in climate can have a variety of direct and indirect 
impacts on species, and can exacerbate the effects of other threats. 
Rather than assessing ``climate change'' as a single threat in and of 
itself, we examine the potential consequences to species and their 
habitats that arise from changes in environmental conditions associated 
with various aspects of climate change. For example, climate-related 
changes to habitats, predator-prey relationships, disease and disease 
vectors, or conditions that exceed the physiological tolerances of a 
species, occurring

[[Page 63428]]

individually or in combination, may affect the status of a species. 
Vulnerability to climate change impacts is a function of sensitivity to 
those changes, exposure to those changes, and adaptive capacity (IPCC 
2007, p. 89; Glick et al. 2011, pp. 19-22). As described above, in 
evaluating the status of a species, the Service uses the best 
scientific and commercial data available, and this includes 
consideration of direct and indirect effects of climate change. As is 
the case with all potential threats, if a species is currently affected 
or is expected to be affected by one or more climate-related impacts, 
this does not necessarily mean the species is an endangered or 
threatened species as defined under the Act. If a species is listed as 
endangered or threatened, this knowledge regarding its vulnerability 
to, and impacts from, climate-associated changes in environmental 
conditions can be used to help devise appropriate strategies for its 
recovery.
    While projections from global climate model simulations are 
informative and in some cases are the only or the best scientific 
information available, various downscaling methods are being used to 
provide higher-resolution projections that are more relevant to the 
spatial scales used to assess impacts to a given species (see Glick et 
al. 2011, pp. 58-61). The effects of climate change on coastal wetlands 
could be significant if sea level rises. Changes in precipitation 
patterns and warmer temperatures can likewise have detrimental effects 
on wetland function (Mitsch and Gosselink 2007, p. 313). Climate-linked 
amphibian population declines in Puerto Rico have been explained by a 
possible synergistic interaction between drought and the pathological 
effect of the chytrid fungus (Burrowes et al. 2004, p. 141) (see Factor 
C discussion). While we do not have specific information for 
coqu[iacute] llanero and its habitat, information in the literature 
suggests that changes in environmental conditions that may result from 
climate change can influence the spread of nonnative, invasive species, 
fire, and precipitation levels, thereby potentially impacting 
coqu[iacute] llanero.
Human Access or Use
    Although we currently do not have any information on the visitor 
use of the wetland where coqu[iacute] llanero is known to occur, 
R[iacute]os-L[oacute]pez (2009, p. 3) suggests that visitation for 
educational, research, or recreational purposes may have significant 
impact on the unique vegetation assemblage of the wetland. These 
activities could result in vegetation destruction from the development 
of research transects and observation trails. Up to a 4-month delay of 
vegetation regeneration was documented after a transect was established 
for these activities and up to an 8-month delay of vegetation 
regeneration after a helicopter hovered approximately 30 ft (9 m) above 
a section of the wetland. Afterwards, short-te