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<br>
<br>
[Federal Register: March 7, 2006 (Volume 71, Number 44)]<br>
[Proposed Rules]<br>
[Page 11367-11371]<br>
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]<br>
[DOCID:fr07mr06-30]<br>
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<br>
DEPARTMENT OF THE INTERIOR<br>
Fish and Wildlife Service<br>
50 CFR Part 17<br>
<br>
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a <br>
Petition To List Agave eggersiana and Solanum conocarpum as Endangered<br>
<br>
AGENCY: Fish and Wildlife Service, Interior.<br>
ACTION: Notice of 12-month petition finding.<br>
<br>
-----------------------------------------------------------------------<br>
<br>
SUMMARY: We, the Fish and Wildlife Service (Service), announce a 12-<br>
month finding on a petition to list the plants Agave eggersiana (no <br>
common name) and Solanum conocarpum (marr[oacute]n bacora) as <br>
endangered under the Endangered Species Act of 1973, as amended (Act).
<br>
After reviewing the best available scientific and commercial <br>
information, we find that listing A. eggersiana and S. conocarpum is <br>
not warranted at this time. However, we will continue to seek new <br>
information on the biology of these species as well as potential <br>
threats. We also ask the public to submit to us any new information <br>
that becomes available concerning the status of, or threats to, A. <br>
eggersiana and S. conocarpum. This information will help us monitor the
<br>
status of these species. If additional data become available, we may <br>
reassess the need for listing.<br>
<br>
DATES: The finding announced in this document was made on February 22,
<br>
2006.<br>
<br>
ADDRESSES: The complete file for this finding is available for <br>
inspection, by appointment, during normal business hours at the <br>
Boquer[oacute]n Ecological Services Field Office, U.S. Fish and <br>
Wildlife Service, Road 301, Km. 5.1 in Boquer[oacute]n, Puerto Rico. <br>
Please submit any new information, materials, comments, or questions <br>
concerning these species or this finding to the above address or P.O. <br>
Box 491, Boquer[oacute]n, Puerto Rico 00622.<br>
<br>
[[Page 11368]]<br>
<br>
FOR FURTHER INFORMATION CONTACT: Dr. Jorge E. Saliva, Wildlife <br>
Biologist, Boquer[oacute]n Field Office, at the address above (787-851-<br>
7297, ext. 224).<br>
<br>
SUPPLEMENTARY INFORMATION: <br>
<br>
Background<br>
<br>
Section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.) requires
<br>
that, for any petition to revise the List of Endangered and Threatened
<br>
Wildlife and Plants that contains substantial scientific and commercial
<br>
information that listing may be warranted, we make a finding within 12
<br>
months of the date of receipt of the petition. The finding must be that
<br>
the petitioned action is (a) Not warranted; (b) warranted; or (c) <br>
warranted, but that the immediate proposal of a regulation implementing
<br>
the petitioned action is precluded by other pending proposals to <br>
determine whether any species is threatened or endangered, and <br>
expeditious progress is being made to add or remove qualified species <br>
from the List of Endangered and Threatened Wildlife and Plants. Section
<br>
4(b)(3)(C) of the Act requires that a petition for which the requested
<br>
action is found to be warranted but precluded be treated as though <br>
resubmitted on the date of such finding (that is, requiring a <br>
subsequent finding to be made within 12 months). Each subsequent 12-<br>
month finding will be published in the Federal Register.<br>
On November 21, 1996, we received a petition from the U.S.
Virgin <br>
Islands Department of Planning and Natural Resources (DPNR) requesting
<br>
that we list two species of plants in the U.S. Virgin Islands as <br>
endangered: Agave eggersiana and Solanum conocarpum. We published our <br>
finding that the petition to list A. eggersiana and S. conocarpum <br>
presented substantial information indicating that the requested action
<br>
may be warranted in the Federal Register on November 16, 1998 (63 FR <br>
63659) and initiated a status review on these two plants. On September
<br>
1, 2004, a lawsuit was filed against the Department of the Interior and
<br>
the Service by the Center for Biological Diversity challenging our <br>
alleged failure to publish a 12-month finding (Center for Biological <br>
Diversity v. Gale Norton et al., Civil Action No. 1:04-CV-2553 CAP) <br>
(N.D. Ga.). In a Stipulated Settlement Agreement, signed April 27, <br>
2005, we agreed to submit our 12-month finding to the Federal Register
<br>
by February 28, 2006.<br>
<br>
Biology and Distribution<br>
<br>
Agave eggersiana<br>
<br>
Agave eggersiana (no common name) is a flowering plant of
the <br>
family Agavaceae (century plant family) known only from the island of <br>
St. Croix in the U.S. Virgin Islands. Two other species occur naturally
<br>
in the Virgin Islands, A. missionum (corita) and A. sisalana (sisal), <br>
neither of which are endemic to St. Croix. A. eggersiana was originally
<br>
described in 1913 by Trelease from material collected on St. Croix, and
<br>
it is distinguished from other members of the Agavaceae family by its <br>
acaulescent (without an evident leafy stem), non-suckering growth habit
<br>
(does not reproduce vegetatively by forming offshoots around its base),
<br>
and fleshy, nearly straight leaves with small marginal prickles (1.00 <br>
millimeter (mm) (0.04 inches (in)) long) that are nearly straight <br>
(Britton and Wilson 1923; Proctor and Acevedo-Rodr[iacute]guez 2005). <br>
Its flowers are deep yellow, 5 to 6 centimeters (cm) (1.95 to 2.34 in)
<br>
long. Fruits are unknown; after flowering, the panicles (inflorescence)
<br>
produce numerous small vegetative bulbs, from which the species can be
<br>
propagated (Proctor and Acevedo-Rodr[iacute]guez 2005). There is no <br>
information available on the biology, ecology, and phenology of A. <br>
eggersiana.<br>
A. eggersiana was originally collected in 1913 by Trelease
on St. <br>
Croix (type location) (Britton and Wilson 1923; Acevedo-<br>
Rodr[iacute]guez 1996; Proctor and Acevedo-Rodr[iacute]guez 2005). <br>
Britton and Wilson (1923) reported the species from hillsides and <br>
plains in the eastern dry districts of St. Croix but did not provide <br>
population estimates. Information provided in the petition letter (B. <br>
Kojis and R. Boulon, DPNR, pers. comm. 1996) specified that the species
<br>
was last observed growing in the wild around 1984 to 1986 on St. Croix.
<br>
In a subsequent letter, DPNR stated that the species ``may be extinct''
<br>
but that ``descendants from original plants may exist to the north of <br>
Great Pond near the original site of camp Arawak'' (D. Plaskett, DPNR,
<br>
pers. comm. 2003). However, no information was provided to clarify <br>
whether or not field surveys had been conducted in the area to search <br>
for the original plants. Furthermore, neither letter provided any <br>
scientific literature citations or systematic survey information in <br>
support of the possibility of extinction or, rather, extirpation from <br>
the wild. Proctor and Acevedo-Rodr[iacute]guez (2005) provided a <br>
general description of the species and state that the species ``now <br>
appears to be extinct in the wild.'' However, no citations or survey <br>
information were provided. The Service is uncertain about the original
<br>
source that reported the extirpation of this species from the wild and
<br>
has not confirmed that any systematic surveys for this species have <br>
been conducted. Therefore, we believe that at present, the status of <br>
this species in the wild is unknown.<br>
All currently known occurrences of A. eggersiana are plants
that <br>
were cultivated. Britton and Wilson (1923) noted that A. eggersiana has
<br>
been in cultivation on St. Croix and St. Thomas as an ornamental plant
<br>
since the early 20th century. The 1996 petition letter reported the <br>
existence of several small populations of A. eggersiana established on
<br>
St. Croix through propagation efforts conducted by local <br>
horticulturists and botanical gardens. They mentioned that propagated <br>
plants were distributed to private individuals for planting as an <br>
effort to prevent extinction of this species. However, no information <br>
was provided regarding the origin of propagated materials. D. Plaskett
<br>
(pers. comm. 2003) stated that cultivated plants ``have been <br>
established'' and specified one privately owned residential location. <br>
We know of other cultivated specimens on the airport grounds in St. <br>
Croix, the University of Virgin Islands in St. Thomas (Acevedo-<br>
Rodr[iacute]guez, Smithsonian Institution, pers. comm. 2005), and at <br>
botanical gardens in the United States, such as Fairchild Tropical <br>
Garden in Miami, Florida.<br>
In summary, both the historic and present status of A. eggersiana
<br>
are unknown; all known plant individuals are cultivars; systematic <br>
surveys for the species are lacking; no information is available on the
<br>
species biology, ecology, and phenology; and no genetic studies have <br>
been conducted to determine if there is genetic variability among known
<br>
individuals.<br>
<br>
Solanum conocarpum<br>
<br>
Solanum conocarpum (marr[oacute]n bacora) is a dry forest
shrub of <br>
the Solanaceae, or tomato, family that may attain 3 m (9.8 ft) in <br>
height. Its leaves are from 3.5 to 7 cm (0.62 to 1.5 in) wide, oblong-<br>
elliptic or oblanceolate (broader at the distal third than the middle),
<br>
coriaceous (leathery texture), glabrous (not hairy), and have a <br>
yellowish midvein. The flowers are usually paired in nearly sessile <br>
(not stalked) lateral or terminal cymes (flat-topped flower cluster). <br>
The corolla consists of five separate petals that are light violet, <br>
greenish at the base, and about 2 cm (0.78 in) wide. The fruit, a <br>
berry, is ovoid-conical (teardrop shaped), 2 to 3 cm (0.78 to 1.2 in) <br>
long, and turns from green with white striations to golden yellow when
<br>
ripe (Acevedo-Rodr[iacute]guez 1996). Little is known about the <br>
reproductive biology<br>
<br>
[[Page 11369]]<br>
<br>
of this species (Ray and Stanford 2003). Ongoing propagation efforts <br>
(such as Ray 2005) will likely provide additional information.<br>
Although in the petition letter B. Kojis and R. Boulon (pers.
comm. <br>
1996) suggested that S. conocarpum might be functionally dioecious <br>
(having male and female flowers on different plants), P. Acevedo-<br>
Rodr[iacute]guez (pers. comm. 2002) contradicted this possibility. He <br>
believes that the species is not dioecious and documented flowers and <br>
fruits in one wild individual he discovered in the White Cliff area <br>
(although it was the only individual on that side of the island). Ray <br>
and Stanford (2003) documented that the seeds have thin coats and are <br>
therefore unlikely to be represented in the soil seed bank. Ray (2005)
<br>
reported ample fruit and seed production in the wild. Although no <br>
seedling recruitment was observed in the wild by Ray and Stanford <br>
(2003) and J. Saliva (USFWS, pers. observation (obs.) 2004), Ray (2005)
<br>
reported that a few seedlings were observed in the wild population <br>
located in Estate Concordia.<br>
S. conocarpum was originally known from a type specimen collected
<br>
by L.C. Richard at Coral Bay, St. John (U.S. Virgin Islands), in 1787 <br>
(Acevedo-Rodr[iacute]guez 1996). Although no population estimates are <br>
available for the type locality, P. Acevedo-Rodr[iacute]guez (pers. <br>
comm. 2002) reported that the species seemed to be locally common at <br>
the beginning of the 19th century. The species was rediscovered in 1992
<br>
by P. Acevedo-Rodr[iacute]guez on the island of St. John (Ray and <br>
Stanford 2003). B. Kojis and R. Boulon (pers. comm. 1996) mentioned <br>
that only two individuals were known growing in the wild on St. John: <br>
One individual on Virgin Islands National Park (VINP) land, and the <br>
other growing on private land. These two localities are consistent with
<br>
the localities reported by Acevedo-Rodr[iacute]guez (1996; pers. comm.
<br>
2002), who described the habitat as dry, deciduous forest.<br>
Acevedo-Rodr[iacute]guez (1996) referenced the possibility
of the <br>
species being present on St. Thomas and mentioned a collection of a <br>
sterile specimen from Virgin Gorda (British Virgin Islands (BVI)). <br>
Information provided by the B. Kojis and R. Boulon (pers. comm. 1996),
<br>
however, reported the collection of a sterile specimen from Tortola, <br>
BVI. P. Acevedo-Rodr[iacute]guez (pers. comm. 2002) clarified that his
<br>
collection of the sterile specimen was from Virgin Gorda, but he believes
<br>
that the specimen belongs to a different species, Cestrum laurifolium,
<br>
and not S. conocarpum. However, no surveys have been conducted <br>
in St. Thomas or the BVI to determine if this species is present.<br>
On St. John, Ray and Stanford (2003) reported five mature
<br>
individuals from a total of six individuals in two locations within <br>
VINP (Europa Bay and Reef Bay Valley) and two locations on private land
<br>
(Base Hill and Sabbat Point). Ray (2005) reported two additional <br>
locations (Estate Concordia and Johnson, Friis, and John's Folly Bays)
<br>
and estimates close to 200 individuals in the wild. The largest <br>
population of S. conocarpum is near Nanny Point in Estate Concordia (J.
<br>
Saliva, pers. obs. 2004). This population consists of approximately 184
<br>
plants that had been distributed across three contiguous parcels of <br>
privately owned land. Recently, one of the private property owners <br>
donated a portion of his property with a significant number of plants <br>
to the VINP (R. Boulon, NPS, pers. comm. 2006). The next largest wild <br>
population consists of 33 plants located on private land above Johnson,
<br>
Friis, and John's Folly Bays' catchments.<br>
Several efforts have been conducted to propagate S. conocarpum
in <br>
the last decade. B. Kojis and R. Boulon (pers. comm. 1996) reported <br>
that a local horticulturist, E. Gibney, was able to propagate the <br>
species by cuttings (asexually) collected from the two individuals <br>
known from the wild and to get them to reproduce sexually by dusting <br>
the flowers. They further report that the ``many'' seedlings produced <br>
``appear to grow vigorously.'' This information was corroborated by P.
<br>
Acevedo-Rodr[iacute]guez (pers. comm. 2002). He reported that Gibney <br>
has successfully reproduced this species and distributed specimens to <br>
various places in the Virgin Islands. He reported planted individuals <br>
(cultivars) in the Campus of the University of Virgin Islands in St. <br>
Thomas, which are sexually reproducing; a few more in the St. George <br>
Botanical Garden in St. Croix; and a few plants in Tortola, Cannel Bay
<br>
Hotel on St. John, New York Botanical Garden, National Botanical Garden
<br>
in Dominican Republic, and Puerto Rico Botanical Garden. He has <br>
performed germination tests and found 100 percent viability.<br>
Ray and Stanford (2003) developed an implementation plan
to conduct <br>
shadehouse propagation and reintroduce seedlings within the VINP on St.
<br>
John. This project is in progress. R. Boulon (pers. comm. 2004) <br>
reported that Dr. Ray planted approximately 128 individuals in the <br>
park. Ray (2005) started a propagation project from cuttings (cloning)
<br>
to augment populations of S. conocarpum in a private property on St. <br>
John. More than 300 cuttings were produced. Rooted cuttings will be <br>
planted during the 2006 rainy season (April to May).<br>
P. Acevedo-Rodr[iacute]guez (pers. comm. 2002), believes
that both <br>
A. eggersiana and S. conocarpum have either small populations or may be
<br>
nearly extinct. However, he believes this is not due to the current <br>
threat of development, but rather past land use history on the islands
<br>
of St. Croix and St. John. From the 1700s through the late 1800s, 95 <br>
percent or more of these islands suffered intensive and extensive <br>
deforestation. St. Croix was colonized in the mid-to late-1600s and <br>
sugar cane was the principal product through the late 19th century. St.
<br>
John was colonized in the early 1700s and divided into estates that <br>
principally cultivated sugar cane and cotton on most of the island <br>
(Woodbury and Weaver 1987). Acevedo-Rodr[iacute]guez (1996) believed <br>
that the first 130 years of colonization had been ``particularly <br>
harsh'' on the natural resources of St. John. However, Woodbury and <br>
Weaver (1987) report that many of the estates were abandoned by the <br>
late 19th century and that common trees and shrubs regenerated, <br>
resulting in most of the island being covered by secondary forest at <br>
the time of their report. Approximately three-quarters of St. John is <br>
under the administration of the VINP, which was established in 1956 <br>
(Woodbury and Weaver 1987).<br>
<br>
Previous Federal Actions<br>
<br>
We identified A. eggersiana as a category 2 candidate species
in <br>
the Notice of Review published in the Federal Register on September 30,
<br>
1993 (58 FR 51144). Before 1996, a category 2 species was one for which
<br>
the Service had information that proposing as endangered or threatened
<br>
may be appropriate but for which sufficient information was not <br>
currently available to support a proposed rule. Designation of category
<br>
2 species was discontinued in the February 28, 1996, Notice of Review <br>
(61 FR 7596). This notice redefined candidates to include only species
<br>
for which we have information needed to propose them for listing.<br>
We previously considered S. conocarpum as a category 1 candidate
<br>
species in the Notices of Review published on September 27, 1985 (50 FR
<br>
39526) and February 21, 1990 (55 FR 6184). Category 1 candidate species
<br>
were species for which the Service had information to support a <br>
proposed rule to list them as endangered or threatened. We reclassified
<br>
S. conocarpum to a category 2 candidate species in the Notice of Review
<br>
published on September 30, 1993 (58 FR 51144), due to a lack of available<br>
<br>
[[Page 11370]]<br>
<br>
information on the species' distribution and abundance.<br>
<br>
Summary of Factors Affecting the Species<br>
<br>
Section 4 of the Act, and implementing regulations at 50
CFR part <br>
424, set forth procedures for adding species to the Federal List of <br>
Endangered and Threatened Wildlife and Plants. In making this finding,
<br>
information regarding the status and threats to these species in <br>
relation to the five factors provided in section 4(a)(1) of the Act is
<br>
summarized below. Listing determinations are made solely on the best <br>
scientific and commercial data available, taking into account any <br>
efforts being made by any State, private citizen, corporation, or <br>
foreign nation to protect the species. We have examined each of the <br>
five listing factors under the Act for their application to A. <br>
eggersiana and S. conocarpum as follows:<br>
<br>
Factor A: The Present or Threatened Destruction, Modification, or <br>
Curtailment of the Species' Habitat or Range<br>
<br>
Agave eggersiana: A. eggersiana is endemic to the island
of St. <br>
Croix. Its status in the wild is uncertain, and all known individuals <br>
are cultivars planted as ornaments in several areas and facilities in <br>
St. Croix and St. Thomas (Proctor and Acevedo-Rodr[iacute]guez 2005; P.
<br>
Acevedo-Rodr[iacute]guez, pers. comm. 2005; D. Plaskett, pers. comm. <br>
2003; B. Kojis and R. Boulon, pers. comm. 1996; Britton and Wilson <br>
1923). Acevedo-Rodr[iacute]guez (pers. comm. 2002) believes that past <br>
land use history, as opposed to the current threat of development, is <br>
the likely cause of A. eggersiana's apparent small population numbers.<br>
We believe that there is not sufficient information to evaluate
the <br>
extent and imminence of threats and cannot conclude that A. eggersiana
<br>
is threatened or endangered due to the destruction and curtailment of <br>
its habitat or range. To our knowledge, no systematic surveys for the <br>
species have ever been conducted to determine its true status.<br>
Solanum conocarpum: The presence of S. conocarpum in the
wild has <br>
been confirmed only on the island of St. John. When the species was <br>
petitioned for listing in 1996, only two individuals were known to <br>
exist in the wild (B. Kojis and R. Boulon, pers. comm. 1996). Acevedo-<br>
Rodr[iacute]guez (1996) suggests that as a result of destruction of <br>
more than 90 percent of the natural vegetation in St. John, primarily <br>
due to cultivation in the first 130 years of colonization, some of the
<br>
native and endemic plant species have become extinct or nearly extinct.
<br>
For S. conocarpum specifically, P. Acevedo-Rodr[iacute]guez, (pers. <br>
comm. 2002) believes that past land use history, as opposed to the <br>
current threat of development, was the likely cause of the species' <br>
apparent small population numbers. Furthermore, much of the island <br>
regenerated to varying degrees, including secondary successional forest
<br>
(Woodbury and Weaver 1987; Acevedo-Rodr[iacute]guez 1996).<br>
At present, the species is known from almost 200 wild individuals
<br>
in six locations. Of the six locations, three are on privately owned <br>
land, two are within VINP, and one occurs on both private and VINP <br>
land. At the site of the largest number of plants (Estate Concordia/<br>
VINP-area), the Service has been working with a private landowner and <br>
VINP to implement conservation measures for the species, to protect in
<br>
perpetuity around 80 percent of the known population, and to expand the
<br>
current propagation efforts to double existing population in the wild <br>
(400 to 500 individuals). Additionally, a portion of the private <br>
property where a large number of the plants in this area are found was
<br>
recently donated to the VINP (R. Boulon, pers. comm. 2006). We do not <br>
have evidence suggesting that remaining localities under private <br>
ownership where S. conocarpum is found are under threat of development.<br>
VINP manages for sensitive species, including S. conocarpum,
within <br>
the park. VINP is currently working with the Service and an adjacent <br>
landowner in the development of conservation measures and recently <br>
accepted the donation of a portion of the private land into VINP <br>
ownership (R. Boulon, pers. comm. 2006). Additionally, VINP has a <br>
General Management Plan (GMP) that is in place and being implemented. <br>
One purpose of the GMP is to establish strategies and approaches to <br>
achieve and maintain desired conditions for the park's cultural and <br>
natural resources, including protecting native plants like S. <br>
conocarpum and their habitats.<br>
While residential and tourism development may impact this
species, <br>
we do not have information suggesting that these threats are occurring
<br>
or are imminent. Furthermore, we do not know if the species now occurs
<br>
on St. Thomas or the BVI. Therefore, we do not have sufficient <br>
information to conclude that S. conocarpum is either threatened or <br>
endangered due to the destruction and curtailment of its habitat or range.<br>
<br>
Factor B: Overutilization for Commercial, Recreational, Scientific, or
<br>
Educational Purposes<br>
<br>
The information available on the species does not suggest
that <br>
overutilization for commercial, recreational, scientific, or <br>
educational purposes has contributed to the current status of either A.
<br>
eggersiana or S. conocarpum or that any such activities are threats to
<br>
these species.<br>
<br>
Factor C: Disease or Predation<br>
<br>
There have been no systematic studies to identify parasites
or <br>
disease in these species. Therefore, the role of parasites or disease <br>
of A. eggersiana and S. conocarpum is unknown.<br>
Feral pigs uproot juvenile plants and destroy the root system
of <br>
other species of Agave on Mona Island, apparently to feed on or obtain
<br>
moisture from the roots (J. Saliva, pers. obs. 1983, 1996). <br>
Theoretically, should A. eggersiana be reintroduced in the wild, it is
<br>
possible that feral pigs could cause similar impacts, particularly to <br>
young plants.<br>
Feral donkeys, pigs, and goats could directly and indirectly
affect <br>
populations of S. conocarpum by uprooting and eating seedlings, <br>
destabilizing slopes, and dispersing exotic plant species, thus <br>
preventing or reducing sustainability of populations of S. conocarpum;
<br>
however, the extent of such threats to the species is ``speculative'' <br>
(NPS 2003) and ``imprecise'' (NPS 2004). VINP is implementing reduction
<br>
plans to control the populations of nonnative feral pigs, goats, and <br>
sheep within VINP (NPS 2003, 2004). Feral pig populations in VINP are <br>
low, and reduction efforts have been targeted to problem areas (NPS <br>
unpublished report. 2006). VINP believes some goats were removed from <br>
the park even before the reduction plan commenced, and that removal <br>
efforts by VINP were successful at two locations where there have been
<br>
no reports of goats returning and vegetative growth has increased (NPS
<br>
unpublished report 2006). Although vegetation trampling by donkeys has
<br>
been observed at the Estate Concordia population of S. conocarpum (M. <br>
Carper, property owner, and J. Saliva, pers. obs., 2004), we do not <br>
have evidence to conclude that trampling has or would result in <br>
mortality of S. conocarpum.<br>
No seedlings have been reported under mature S. conocarpum
shrubs. <br>
Other than gravity, its fruit dispersal agent is unknown. Where shrub <br>
densities are high, hermit crabs have been observed feeding on the <br>
fruit (Ray 2005). Fruit and seed production in the largest known wild <br>
population of S.<br>
<br>
[[Page 11371]]<br>
<br>
conocarpum is reported as ``ample'' (Ray 2005). While hermit crabs <br>
consume fallen fruit in large quantities (Ray 2005), we do not know if
<br>
the crabs act as seed predators (for example, by crushing seed embryos
<br>
as they feed) and are partly responsible for the low seedling <br>
recruitment at this location.<br>
At this time, there is no evidence that donkeys, pigs, or
goats <br>
constitute a specific threat to A. eggersiana or S. conocarpum by <br>
feeding on young or adult, wild or reintroduced, individuals of these <br>
species. The effects of consumption of S. conocarpum fruits by hermit <br>
crabs are uncertain. Therefore, we believe that there is no substantial
<br>
evidence indicating that either A. eggersiana or S. conocarpum is <br>
threatened or endangered due to disease or predation.<br>
<br>
Factor D: The Inadequacy of Existing Regulatory Mechanisms<br>
<br>
The Territory of the U.S. Virgin Islands currently considers
A. <br>
eggersiana and S. conocarpum to be endangered under the Virgin Islands
<br>
Indigenous and Endangered Species Act (V.I. Code, Title 12, Chapter 2),
<br>
and has amended an existing regulation (Bill No. 18-0403) to protect <br>
endangered and threatened wildlife and plants by prohibiting the take,
<br>
injury, or possession of indigenous plants.<br>
The available information on the species does not suggest
that <br>
inadequacy of current regulatory mechanisms has contributed to the <br>
current status of either A. eggersiana or S. conocarpum or that such <br>
mechanisms are current threats to these species.<br>
<br>
Factor E: Other Natural or Manmade Factors Affecting the Continued <br>
Existence of the Species<br>
<br>
It appears that A. eggersiana may be extremely rare and its
<br>
survival may be dependent on captive propagation and reintroduction. A.
<br>
eggersiana is only found on the island of St. Croix, and it was last <br>
observed growing in the wild in the mid-1980s. Horticulturist M. Hays <br>
of the St. Georges Botanical Garden herbarium on St. Croix has <br>
propagated the species and distributed specimens to the public in the <br>
hope of ``saving the species from extinction'' (B. Kojis and R. Boulon,
<br>
pers. comm.1996). The status of the species in the wild is uncertain, <br>
and its apparent limited abundance and distribution are likely the <br>
result of past land use history. However, as systematic surveys of <br>
suitable habitat for this species have never been conducted to our <br>
knowledge, we do not have enough information to determine the true status
<br>
of this species in wild and therefore cannot conclude that the species
is <br>
threatened or endangered due to other natural or manmade factors.<br>
S. conocarpum is currently known from six locations on St.
John. It <br>
is possible that the species may occur in St. Thomas or the BVI, or at
<br>
other locations in St. John. However, no surveys have ever been <br>
conducted to our knowledge to determine if the species is present <br>
elsewhere. Using the best available scientific and commercial <br>
information, we are unable to determine that the small population size
<br>
constitutes a threat or that it would render the species likely to <br>
become endangered or extinct in the near future. In the Caribbean, <br>
native plant species, particularly endemic species with limited <br>
distribution, may be vulnerable to natural or manmade events, such as <br>
hurricanes and human-induced fires. Fire is not a natural component of
<br>
subtropical dry forest in Puerto Rico and the Virgin Islands. Thus, <br>
most species found in this type of forest are not fire-adapted. <br>
However, there is no information in the literature indicating that <br>
hurricanes or fires have affected the known populations of S. <br>
conocarpum. Furthermore, the VINP has a fire prevention plan which <br>
includes the protection of native species, including S. conocarpum. We
<br>
do not have sufficient information to conclude that this species is <br>
threatened or endangered due to other natural or manmade factors.<br>
<br>
Finding<br>
<br>
We have carefully assessed the best scientific and commercial
<br>
information available regarding threats faced by Agave eggersiana and <br>
Solanum conocarpum. We reviewed the petition, available published and <br>
unpublished scientific and commercial information, and consulted with <br>
recognized plant experts (including those most familiar with the <br>
species), and Territorial and other Federal resource agencies. We did <br>
not receive additional information from interested parties during the <br>
public comment period on our 90-day finding.<br>
For us to make a ``warranted'' finding, the species must,
at a <br>
minimum, meet the definition of a threatened species. In accordance <br>
with section 3(19) of the Act, a threatened species is one which is <br>
likely to become endangered within the foreseeable future throughout <br>
all or a significant portion of its range.<br>
Based on all the information we have gathered and reviewed,
we <br>
found no evidence that either A. eggersiana or S. conocarpum are <br>
threatened or endangered by overutilization for commercial, <br>
recreational, or educational purposes, nor by inadequacies in the <br>
existing regulatory mechanisms. We also have no data to show that <br>
destruction or curtailment of the species' habitat or range, disease or
<br>
predation, or other natural or manmade factors threaten A. eggersiana <br>
or S. conocarpum. After reviewing the best available scientific and <br>
commercial information, we believe that we do not have sufficient <br>
information to determine the true status of either Agave eggersiana or
<br>
Solanum conocarpum in the wild and cannot determine if either species <br>
meets the definition of threatened or endangered due to one or more of
<br>
the five listing factors because we do not have sufficient evidence of
<br>
which threats, if any, are operating on these species.<br>
We will continue to monitor the status of these species and
their <br>
habitats, and will accept additional information and comments at any <br>
time from all concerned governmental agencies, the scientific <br>
community, industry, and any other interested parties concerning this <br>
finding. This information will help us monitor and encourage beneficial
<br>
measures for A. eggersiana and S. conocarpum.<br>
<br>
References Cited<br>
<br>
A complete list of all references cited herein is available
upon <br>
request from the Field Supervisor, Boquer[oacute]n Field Office (see <br>
ADDRESSES section).<br>
<br>
Author<br>
<br>
The primary author of this document is the Boquer[oacute]n
Field <br>
Office (see ADDRESSES section).<br>
<br>
Authority<br>
<br>
The authority for this action is the Endangered Species Act
of <br>
1973, as amended (16 U.S.C. 1531 et seq.).<br>
<br>
Dated: February 22, 2006.<br>
Marshall P. Jones, Jr.,<br>
Acting Director, U.S. Fish and Wildlife Service.<br>
[FR Doc. E6-3095 Filed 3-6-06; 8:45 am]<br>
BILLING CODE 4310-55-P<br>
<br>
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