[Federal Register Volume 72, Number 117 (Tuesday, June 19, 2007)]
[Proposed Rules]
[Pages 33715-33732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3031]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AU78
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for the Guajon (Eleutherodactylus cooki)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Revised proposed rule; reopening of comment period,
availability of draft economic analysis, and amended Required
Determinations.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
revised proposed critical habitat designation for the guaj[oacute]n
(Eleutherodactylus cooki). We are reopening the public comment period
to accept comments on proposed additional critical habitat units and
revised required determinations, and also to announce the availability
of and accept comments on our draft economic analysis of the proposed
designation of critical habitat under the Endangered Species Act of
1973, as amended (Act). We are allowing all interested parties an
opportunity to comment simultaneously on the original proposed rule,
the proposed additional critical habitat units, the revised required
determinations, and the associated draft economic analysis. If you
submitted comments previously on the original proposed rule, you need
not resubmit them, as we will incorporate them into the public record
and fully consider them as we prepare the final rule. We are proposing
five additional critical habitat units totaling 43.4 acres (ac) (17.5
hectares (ha)). With their inclusion, we are proposing 17 critical
habitat units for the species, for a total of 260.6 ac (105.6 ha). The
amendments we propose in this document are in addition to, and not in
lieu of, the proposed designation we published in our original proposed
rule of October 5, 2006. The draft economic analysis, that includes the
additional units, finds that potential future costs associated with
conservation activities for the guaj[oacute]n are estimated at $4.34
million in undiscounted dollars, $4.28 million when discounted at 3
percent, and $4.23 million when discounted at 7 percent over the 20
year period 2007-2026. Annualized future costs are $288,000 and
$399,000 using a 3 percent and 7 percent discount rate, respectively.
DATES: We will accept public comments until July 19, 2007.
ADDRESSES: If you wish to comment, you may submit your comments and
information concerning this proposal, identified by ``Attn: Guajon
Proposed Rule,'' by any one of the following methods:
1. Mail: You may submit written comments and information to Edwin
E. Mu[ntilde]iz, Field Supervisor, U.S. Fish and Wildlife Service,
Boquer[oacute]n Field Office, P.O. Box 491, Boquer[oacute]n, Puerto
Rico 00622.
2. Hand delivery: You may hand-deliver written comments to us at
the following address: Cabo Rojo National Wildlife Refuge Visitor
Center, Boquer[oacute]n Field Office, PR-301, km. 5.1, Boquer[oacute]n,
PR.
3. E-mail: You may send comments by electronic mail (e-mail) to
[email protected]. Please see the Public Comments Solicited section
below for file format and other information about electronic filing.
1. Facsimile: You may fax your comments to 787-851-7440.
5. Federal Rulemaking Portal: Submit comments via the Federal
Rulemaking portal at http://www.regulations.gov. Follow the
instructions on the site for submitting comments.
Please see the Public Comments Solicited section below for more
information about submitting comments or viewing our received
materials.
FOR FURTHER INFORMATION CONTACT: Jorge E. Saliva, Ph.D.,
Boquer[oacute]n Field Office, P.O. Box 491, Boquer[oacute]n, PR 00622
(telephone 787-851-7297 x 224; facsimile (787-851-7440)). Persons who
use the telecommunications device for the deaf (TDD) may call the
Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We are accepting written comments and information during this
reopened comment period. We solicit comments on the original proposed
critical habitat designation for the guaj[oacute]n published in the
Federal Register on October 5, 2006 (71 FR 58954), the inclusion of the
additional units proposed in this document, and our draft economic
analysis of the proposed designation. We will consider information and
recommendations from all interested
[[Page 33716]]
parties. We are particularly interested in comments concerning:
(1) The reasons why habitat should or should not be designated as
critical habitat for the guaj[oacute]n under section 4 of the Act (16
U.S.C. 1531 et seq.), including whether the benefit of designation
would outweigh threats to the species caused by designation such that
designation of critical habitat is prudent;
(2) Specific information on the amount and distribution of
guaj[oacute]n habitat, particularly what areas should be included in
the designation that were occupied at the time of listing and that
contain the features that are essential for the conservation of the
species and why; and what areas that were not occupied at the time of
listing are essential to the conservation of the species and why;
(3) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat;
(4) Any foreseeable economic, national security, or other potential
impacts resulting from the proposed designation and, in particular, any
impacts on small entities, and the benefits of including or excluding
areas that exhibit these impacts; the reasons why our conclusion that
the proposed designation of critical habitat will not result in a
disproportionate effect on small businesses should or should not
warrant further consideration; and other information that would
indicate that the designation of critical habitat would or would not
have any impacts on small entities.
(5) Information on whether the draft economic analysis identifies
all local costs attributable to the proposed critical habitat
designation, and information on any costs that have been inadvertently
overlooked;
(6) Whether the draft economic analysis makes appropriate
assumptions regarding current practices and likely regulatory changes
imposed as a result of the designation of critical habitat;
(7) Whether the draft economic analysis correctly assesses the
effect on regional costs associated with any land use controls that may
derive from the designation of critical habitat;
(8) Whether the draft economic analysis appropriately identifies
all costs and benefits that could result from the designation;
(9) Whether our approach to designating critical habitat could be
improved or modified in any way to provide for greater public
participation and understanding, or to assist us in accommodating
public concerns and comments; and
(10) Economic data on the incremental effects that would result
from designating any particular area as critical habitat.
Pursuant to section 4(b)(2) of the Act, we may exclude an area from
critical habitat if we determine that the benefits of such exclusion
outweigh the benefits of including a particular area as critical
habitat, unless the failure to designate such area will result in the
extinction of the species. We may exclude an area from designated
critical habitat based on economic impacts, national security, or any
other relevant impact.
If you submitted previous comments and information during the
initial comment period on the October 5, 2006, proposed rule (71 FR
58954) you need not resubmit them because they are currently part of
our record and will be considered in the development of the final rule.
If you wish to comment, you may submit your comments and materials
concerning the proposed rule, proposed additional units, draft economic
analysis, and amended Required Determinations by any one of several
methods (see ADDRESSES). Our final designation of critical habitat will
take into consideration all comments and any additional information we
received during both comment periods. On the basis of information
received during the public comment period, in the critical habitat
proposal, and in the final economic analysis, we may during the
development of our final critical habitat determination, find that
areas proposed are not essential, are appropriate for exclusion under
section 4(b)(2) of the Act, or are not appropriate for exclusion.
If submitting comments electronically, please also include ``Attn:
Guaj[oacute]n Proposed Rule'' in your e-mail subject header and your
name and return address in the body of your message. If you do not
receive a confirmation from the system that we have received your
electronic message, contact the person listed under FOR FURTHER
INFORMATION CONTACT.
Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so. Comments and materials received, as well as supporting
documentation used in the preparation of this proposed rule, will be
available for public inspection by appointment during normal business
hours at the Boquer[oacute]n Field Office located at the Cabo Rojo
National Wildlife Refuge (see ADDRESSES).
You may obtain copies of the original proposed rule and the draft
economic analysis by visiting our Web site at http://www.fws.gov/southeast or by contacting the Boqueron Field Office at the address or
contact numbers under ADDRESSES.
Background
The guajon is a petricolous (i.e., inhabiting rocky areas) frog
species endemic to the southeastern part of Puerto Rico. The guajon was
listed as threatened under the Act on June 11, 1997 (62 FR 31757), due
to its restricted distribution, specialized habitat utilization, and
threats to its habitat; this listing was effective on July 11, 1997. On
October 5, 2006, we published a proposed rule (71 FR 58954) to
designate critical habitat for the guajon. We proposed 12 units that
contain one or more of the primary constituent elements (PCEs) (i.e.,
biological or physical features essential to the conservation of the
species). Such features include subtropical forest at elevations from
118 to 1183 feet (ft) (36 to 361 meters (m)) above sea level; plutonic,
granitic, or sedimentary rocks or boulders that form caves, crevices,
and grottoes (interstitial spaces) in a streambed in proximity, or
connected to, a permanent, ephemeral, or subterranean clear-water
stream or water source; and vegetation over rocks along drainages and
vegetated streambed that extend laterally up to 99 ft (30 m) from the
banks of a stream or drainage. Areas that do not contain at least one
of the PCEs and are not currently occupied by the species were not
included in the proposal. Boundaries for each proposed critical habitat
unit were determined based on known guajon sightings, topographical
features known to be needed by the species, the range of elevations
used by the species, and visual inspection of the units. In the
proposed rule (71 FR 58954), we proposed to designate 9 units on lands
determined to be occupied at the time of listing and containing
sufficient PCEs to support life history functions essential for the
conservation of the species, and 3 units on lands not known to be
occupied at the time of listing, but that provide habitat essential to
the conservation of the species. The 12 units that we proposed as
critical habitat in 71 FR 58954 encompass approximately 217.2 ac (88
ha) within the municipalities of
[[Page 33717]]
Humacao, Las Piedras, Maunabo, Patillas, and Yabucoa in Puerto Rico and
are: Mariana, Montones, Tejas, Emajagua, Jacaboa, Calabazas,
Guayan[eacute]s, Panduras, Talante, Guayabota, Guayabito, and Guayabo.
We now revise our original proposed rule (71 FR 58954) to add five
additional units, as described in the next section. As a result of
these additions, and revisions to the original proposed rule's acreage
figures presented in Table 1 below, the proposed critical habitat now
encompasses 260.6 ac (105.6 ha).
Critical habitat is defined in section 3 of the Act as the specific
areas within the geographic area occupied by a species, at the time it
is listed in accordance with the Act, on which are found those physical
or biological features essential to the conservation of the species and
that may require special management considerations or protection, and
specific areas outside the geographic area occupied by a species at the
time it is listed, upon a determination that such areas are essential
for the conservation of the species. If the proposed rule is made
final, section 7 of the Act will prohibit destruction or adverse
modification of critical habitat by any activity funded, authorized, or
carried out by any Federal agency. Federal agencies proposing actions
affecting areas designated as critical habitat must consult with us on
the effects of their proposed actions, pursuant to section 7(a)(2) of
the Act.
Additional Proposed Critical Habitat Units
By this publication in the Federal Register, we advise the public
of our proposed inclusion of five additional critical habitat units
over what we proposed in our October 5, 2006, proposed rule (71 FR
58954). During the comment period for the original proposed rule, we
received letters from the Puerto Rico Department of Natural and
Environmental Resources (PRDNER) and the Center for Biological
Diversity (CBD) which included information on additional sites within
the historical range of the guaj[oacute]n that were occupied at the
time of listing and support suitable habitat for the species. In total,
nine sites were recommended. These organizations recommended that the
Service include these nine sites in the critical habitat designation.
Each of these nine sites was visited by the Service to confirm the
presence or absence of guaj[oacute]n and the PCEs. As a result of these
site visits, we now propose five of the nine recommended units (which
we call Units 13-17) as additional critical habitat. A site was
considered for designation if: (1) It was occupied by the guaj[oacute]n
at the time of listing and possessed at least one or more of the PCEs,
or (2) was not occupied at the time of listing but is currently
occupied by the guaj[oacute]n, and has been determined to be essential
to the conservation of the species. All five of the units described
above are in close proximity with or connected to one or more of the
units described in the original proposed rule. Unit 13 is in the
immediate vicinity of Units 8 and 9 within the Panduras and Talante
Wards; Units 14 and 15 are in the immediate vicinity of Unit 10 and
only separated from it by R[iacute]o Grande de Lo[iacute]za; Unit 16 is
connected to Unit 2 through R[iacute]o Valenciano; and Unit 17 is
connected to Unit 11 and Unit 12 through Quebrada Guayabo.
Six of the recommended sites have been part of the guaj[oacute]n
study areas of Dr. Rafael Joglar and Dr. Patricia Burrowes since the
early 1990s (Joglar 1992; Burrowes 1997). Of the 6 sites recommended by
CBD, 4 sites have at least one PCE and guaj[oacute]n present (Unit 13,
Unit 14, Unit 15, and Unit 17). These sites were occupied at the time
of listing (i.e., prior to June 1997) (Drewry 1986; Moreno 1991; Joglar
1992; Joglar et al. 1996). One site was not included because it did not
contain at least one PCE and the species was not present, and one site
was determined to be the same as the Emajagua Unit described in the
October 5, 2006, proposed rule. Only one other site was located and
verified (Unit 16), and was not occupied at the time of listing. Two
sites could not be found following the directions provided in the
comment.
These five units (Units 13-17) share the following characteristics:
(1) They are within the historical range of the species and, with the
exception of Unit 16, were occupied at the time of listing; (2) they
provide PCEs necessary for the long-term persistence of guaj[oacute]n
populations (e.g., caves or large plutonic, granitic, or sedimentary
boulders that form crevices and grottoes, forested streambeds where
guaj[oacute]n may forage, and high humidity); and (3) they are
currently occupied. Unit 16 is essential to the conservation of the
species because of the representation, redundancy, and resiliency it
adds to the critical habitat designation. Below, we present brief
descriptions of the five units, the PCEs they contain, and reasons why
they meet the definition of critical habitat for the guajo.
Unit 13: El Cielito Unit
Unit 13 consists of approximately 7.84 ac (3.17 ha), between the
municipal boundary of Yabucoa to the north, PR-759 to the south and
west, and PR-3 to the east, within Talante Ward, Maunabo. It includes
1,778.15 ft (541.98 m) of a drainage that connects with Quebrada
Tumbada, and a guaj[oacute]n foraging area extending laterally 99 ft
(30 m) from each side of the drainage. This unit was occupied at the
time of listing (Joglar, pers. comm., 2007). It consists of a steep,
forested drainage with large granite boulders forming large caves,
vegetation-covered rocks, and with high humidity. No surface running
water is present, but humidity is maintained through percolation from
underground water. All PCEs are found within this unit. The presence of
the species and PCEs at this site was confirmed by the Service in
February 2007. Threats that may require special management
considerations, due to Unit 13 being located on a private farm about
1.2 miles (mi) (2 kilometers (km)) to the west of PR-3, include changes
in the composition and abundance of vegetation surrounding
guaj[oacute]n habitat (PCEs 1 and 3), degradation of water quality due
to agricultural practices (e.g., use of herbicides, fertilizers, or
insecticides), and pollution of streams or underground aquifers caused
by human and domestic animal refuse (PCE 2).
Unit 14: Verraco Unit
Unit 14 consists of approximately 8.9 ac (3.6 ha), between PR-181
to the north and west, R[iacute]o Grande de Lo[iacute]za to the east
and south, and the municipal boundary of Yabucoa to the south, within
Espino Ward, San Lorenzo. It includes three drainages that connect with
Quebrada Verraco, and a guaj[oacute]n foraging area extending laterally
99 ft (30 m) from each side of each drainage. This unit was occupied at
the time of listing (Burrowes 1997). It is heavily forested and humid,
and contains very large granite boulder formations covered with
vegetation. No surface running water is present, but humidity is
maintained through percolation from underground water. All PCEs are
found within this unit. The presence of the species and PCEs at this
site was confirmed by the Service in February 2007. Threats that may
require special management considerations, due to Unit 14 being located
in a private farm about 0.9 mi (1.5 km) from Rd 181, include changes in
the composition and abundance of vegetation surrounding guaj[oacute]n
habitat (PCEs 1 and 3), degradation of water quality due to
agricultural practices (e.g., use of herbicides, fertilizers, or
insecticides) and pollution of streams/underground aquifers caused by
human and domestic animal refuse (PCE 2).
[[Page 33718]]
Unit 15: Cueva Marcela Unit
Unit 15 is referred to as Cuevas Do[ntilde]a Marcela by Burrowes
(1997, 2000) and Burrowes and Joglar (1999), and consists of
approximately 7.4 ac (3.02 ha) between PR-181 and Quebrada Verraco to
the north, PR-181 to the west, and R[iacute]o Grande de Lo[iacute]za
and the municipal boundary of Yabucoa to the south, within Espino Ward,
San Lorenzo. It includes two drainages that are not connected and a
guaj[oacute]n foraging area extending laterally 99 ft (30 m) from each
side of each drainage. The north drainage is approximately 4.28 ac
(1.73 ha), and the south drainage is approximately 3.2 ac (1.3 ha).
This unit was occupied at the time of listing (Joglar 1996). Both
drainages have large, vegetation-covered granite boulders that create
caves within patchy secondary forest. There is no surface running
water, but humidity is maintained through puddles and intermittent
streams formed during rainy events. All PCEs are found within this
unit. The presence of the species and PCEs at this site was confirmed
by the Service in February 2007. Threats that may require special
management considerations, due to Unit 15 being located on a private
farm about 1.2 mi (2 km) from Road 181, include changes in the
composition and abundance of vegetation surrounding guaj[oacute]n
habitat (PCEs 1 and 3), degradation of water quality due to
agricultural practices (e.g., use of herbicides, fertilizers, or
insecticides) and pollution of streams or underground aquifers caused
by human and domestic animal refuse (PCE 2).
Unit 16: Ceiba Sur Unit
Unit 16 consists of approximately 13.92 ac (5.63 ha) between Road
PR-9934 to the east, and Road PR-919 to the west within Ceiba Sur Ward,
Juncos. It includes 3,123 ft (951.91 m) of an intermittent stream that
connects with the R[iacute]o Valenciano, and a guaj[oacute]n foraging
area extending laterally 99 ft (30 m) on each side of the drainage.
This unit was not known to be occupied at the time of listing. All PCEs
are found within this unit. Presence of the species and PCEs at this
site was confirmed by the Service in January 2007. The area has high
humidity and contains densely forested stream banks, large sedimentary
rocks, and vegetation-covered rocks. Unit 16 is essential to the
conservation of the guaj[oacute]n for several reasons. The intermittent
stream, large rocks, and closed canopy of Unit 16 provide habitat
essential to the guaj[oacute]n for food, shelter, breeding, foraging,
and population expansion. The guaj[oacute]n was listed primarily due to
its highly restricted geographical distribution and habitat
requirements (Joglar 1998, p. 73). The habitat of this species is
naturally fragmented and the majority of the known populations are on
private land where the increased levels of land development currently
occurring in southeastern Puerto Rico where the species occurs,
threatens to further reduce and fragment the species habitat,
distribution, and survival (Joglar 1998, p. 73).
Being a habitat specialist, the guaj[oacute]n is adapted to
particular environmental conditions, and abrupt changes in these
conditions could result in population declines. Additionally,
fragmenting habitat through human intrusions such as roads makes
populations less resilient to natural population declines (Pechman et
al. 1991, p. 895). Protection of existing populations of the
guaj[oacute]n is extremely important due to its limited distribution
and the specialized habitat it occupies.
Unit 17: Playita Unit
Unit 17 consists of approximately 5.27 ac (2.13 ha), between PR-900
to the north and east and the municipal boundary of Maunabo to the
south, within Calabazas Ward, Yabucoa. It includes 1,208.9 ft (368.47
m) of a forested stream that connect with R[iacute]o Guayabo, and a
guaj[oacute]n foraging area extending laterally 99 ft (30 m) on each
side of the drainage. This unit was occupied at the time of listing
(Joglar, pers. comm., 2007). It is sparsely forested and humid, and it
contains very large, vegetation-covered granite boulder formations. All
PCEs are found within this unit. The presence of the species and PCEs
at this site was confirmed by the Service in February 2007. Threats
that may require special management considerations, due to Unit 17
being located adjacent to private homes and close to an ancillary road
to PR-900, include changes in the composition and abundance of
vegetation surrounding guaj[oacute]n habitat (PCEs 1 and 3),
degradation of water quality due to use of herbicides, fertilizers, or
insecticides, and pollution of the stream caused by human and domestic
animal refuse (PCE 2).
The majority of the known populations of this species are on
private land where increased levels of land development threaten to
further reduce and fragment the species habitat, distribution, and
survival (Joglar 1998, p. 73). Additionally, fragmentation of the
habitat through human intrusions, such as roads, makes populations less
resilient to natural population declines (Pechman et al. 1991, p. 895).
The five additional proposed units total 43.4 ac (17.5 ha). As a
result of these additions, and revisions to acreage figures from the
original proposed rule presented in Table 1 below, the proposed
critical habitat now encompasses 260.6 ac (105.6 ha) in 17 units. Table
1 contains the corrected acreage (and hectare) values, including the
43.4 additional ac (17.5 ha), we now propose for inclusion. Other than
the changes described in this document, the proposed rule of October 5,
2006 (71 FR 58954), remains intact. We will submit for publication in
the Federal Register a final critical habitat designation guaj[oacute]n
on or before October 1, 2007.
Table 1. Areas Proposed as Critical Habitat for the Guaj[oacute]n
[Area estimates reflect all land within critical habitat unit
boundaries.]
------------------------------------------------------------------------
Proposed critical habitat unit Land ownership Area (ac(ha))
------------------------------------------------------------------------
1. Mariana, Humacao, PR........ Private........... 23.6 (9.6)
2. Montones, Las Piedras, PR... Private........... 31.1 (12.6)
3. Tejas, Las Piedras, PR...... Private........... 5.2 (2.1)
4. Emajagua, Maunabo, PR....... Private........... 33.0 (13.4)
5. Jacaboa, Patillas, PR....... Private........... 10.3 (4.2)
6. Calabazas, Yabucoa, PR...... Private........... 13.8 (5.6)
7. Guayanes, Yabucoa, PR....... Private........... 7.9 (3.2)
8. Panduras, Yabucoa, PR....... Private........... 28.6 (11.6)
9. Talante, Yabucoa, PR........ Private........... 23.5 (9.5)
10. Guayabota, Yabucoa, PR..... Private........... 13.1 (5.3)
11. Guayabito, Yabucoa, PR..... Private........... 17.3 (7.0)
12. Guayabo, Yabucoa, PR....... Private........... 9.8 (3.9)
[[Page 33719]]
13. El Cielito, Maunabo, PR.... Private........... 7.84 (3.17)
14. Verraco, San Lorenzo, PR... Private........... 8.9 (3.6)
15. Cueva Marcela, San Lorenzo, Private........... 7.47 (3.02)
PR.
16. Ceiba Sur, Juncos, PR...... Private........... 13.92 (5.63)
17. Playita, Yabucoa, PR....... Private........... 5.27 (2.13)
----------------------------------------
Total...................... .................. 260.6 ac (105.6 ha)
------------------------------------------------------------------------
Economic Analysis
Section 4(b)(2) of the Act requires that we designate or revise
critical habitat based upon the best scientific and commercial data
available, after taking into consideration the economic impact, impact
on national security, or any other relevant impact of specifying any
particular area as critical habitat. We have prepared a draft economic
analysis based on the October 5, 2006, proposed rule (71 FR 58954) plus
the five additional units described in this document.
The draft economic analysis considers the potential economic
effects of all actions related to the conservation of the
guaj[oacute]n, including costs associated with sections 4, 7, and 10 of
the Act, as well as those attributable to designating critical habitat.
It further considers the economic effects of protective measures taken
as a result of other Federal, State, and local laws that aid habitat
conservation for the guaj[oacute]n in proposed critical habitat areas.
The draft analysis considers both economic efficiency and
distributional effects. In the case of habitat conservation, efficiency
effects generally reflect lost economic opportunities associated with
restrictions on land use (opportunity costs). This analysis also
addresses how potential economic impacts are likely to be distributed,
including an assessment of any local or regional impacts of habitat
conservation and the potential effects of conservation activities on
small entities and the energy industry. This information can be used by
decision makers to assess whether the effects of the designation might
unduly burden a particular group or economic sector. Finally, this
draft analysis looks retrospectively at costs that have been incurred
since the date this species was listed as threatened (June 11, 1997; 62
FR 31757), and considers those costs that may occur in the 20 years
following designation of critical habitat (i.e., 20007-2026).
The draft economic analysis is intended to quantify the economic
impacts of all potential conservation efforts for the guaj[oacute]n;
some of these costs will likely be incurred regardless of whether
critical habitat is designated. Over the 20 year period 2007-2026, the
draft economic analysis finds that costs associated with conservation
activities for the guaj[oacute]n are estimated at $4.34 million in
undiscounted dollars, $4.28 million when discounted at 3 percent, and
$4.23 when discounted at 7 percent. Annualized future costs are
$288,000 using a 3 percent discount rate and $399,000 using a 7 percent
discount rate.
As stated earlier, we solicit data and comments from the public on
this draft economic analysis, as well as on all aspects of the
proposal. We may revise the proposal, or its supporting documents, to
incorporate or address new information received during the comment
period.
Required Determinations--Amended
Regulatory Planning and Review
In accordance with Executive Order 12866, this document is a
significant rule because it may raise novel legal and policy issues.
Based on our draft economic analysis of the proposed designation of
critical habitat for the guaj[oacute]n, costs related to conservation
activities for the guajon pursuant to sections 4, 7, and 10 of the Act
are estimated to be approximately $4.34 million in undiscounted
dollars. Discounted future costs are estimated to be $4.28 million
($288,000 annually) at a 3 percent discount rate, or $4.23 million
($399,000 annually) at a 7 percent discount rate. Therefore, based on
our draft economic analysis, we have determined that the proposed
designation of critical habitat for the guajon would not result in an
annual effect on the economy of $100 million or more or affect the
economy in a material way. Due to the timeline for publication in the
Federal Register, the Office of Management and Budget (OMB) has not
formally reviewed the proposed rule or accompanying economic analysis.
Further, Executive Order 12866 directs Federal agencies
promulgating regulations to evaluate regulatory alternatives (Office of
Management and Budget, Circular A-4, September 17, 2003). Pursuant to
Circular A-4, once it has been determined that the Federal regulatory
action is appropriate, the agency will need to consider alternative
regulatory approaches. Since the determination of critical habitat is a
statutory requirement pursuant to the Act, we must then evaluate
alternative regulatory approaches, where feasible, when promulgating a
designation of critical habitat.
In developing our designations of critical habitat, we consider
economic impacts, impacts to national security, and other relevant
impacts pursuant to section 4(b)(2) of the Act. Based on the discretion
allowable under this provision, we may exclude any particular area from
the designation of critical habitat providing that the benefits of such
exclusion outweigh the benefits of specifying the area as critical
habitat and that such exclusion would not result in the extinction of
the species. We believe that the evaluation of the inclusion or
exclusion of particular areas, or combination thereof, in a designation
constitutes our regulatory alternative analysis.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) (5 U.S.C. 802(2)), whenever an agency is required to publish a
notice of rulemaking for any proposed or final rule, it must prepare
and make available for public comment a regulatory flexibility analysis
that describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
However, no regulatory flexibility
[[Page 33720]]
analysis is required if the head of an agency certifies the rule will
not have a significant economic impact on a substantial number of small
entities. In our proposed rule, we withheld our determination of
whether this designation would result in a significant effect as
defined under SBREFA until we completed our draft economic analysis of
the proposed designation so that we would have the factual basis for
our determination.
According to the Small Business Administration (SBA), small
entities include small organizations, such as independent nonprofit
organizations, and small governmental jurisdictions, including school
boards and city and town governments that serve fewer than 50,000
residents, as well as small businesses (13 CFR 121.201). Small
businesses include manufacturing and mining concerns with fewer than
500 employees, wholesale trade entities with fewer than 100 employees,
retail and service businesses with less than $5 million in annual
sales, general and heavy construction businesses with less than $27.5
million in annual business, special trade contractors doing less than
$11.5 million in annual business, and agricultural businesses with
annual sales less than $750,000. To determine if potential economic
impacts to these small entities are significant, we considered the
types of activities that might trigger regulatory impacts under this
designation as well as types of project modifications that may result.
In general, the term significant economic impact is meant to apply to a
typical small business firm's business operations.
To determine if the proposed guajon critical habitat designation
would affect a substantial number of small entities, we considered the
number of small entities affected within particular types of economic
activities (e.g., residential and commercial development and
agriculture). We considered each industry or category individually to
determine if certification is appropriate. In estimating the numbers of
small entities potentially affected, we also considered whether their
activities have any Federal involvement; some kinds of activities are
unlikely to have any Federal involvement and so will not be affected by
the designation of critical habitat. Designation of critical habitat
only affects activities conducted, funded, permitted, or authorized by
Federal agencies; non-Federal activities are not affected by the
designation.
In our draft economic analysis of the proposed critical habitat
designation, we evaluated the potential economic effects on small
business entities resulting from conservation actions related to the
listing of the guajon and proposed designation of its critical habitat.
This analysis estimated prospective economic impacts due to the
implementation of guajon conservation efforts in four categories: (a)
Deforestation and earth movement near streams for road construction;
(b) agricultural practices (e.g., use of herbicides, fertilizers, or
insecticides); (c) urban and rural development; and (d) degradation of
water quality from illegal garbage dumping, untreated sewage, and
fishing with chemicals. We determined from our analysis that in the
economic impacts of the designation are expected to be borne primarily
by the Puerto Rico Highway and Transportation Authority, an agency of
the Commonwealth of Puerto Rico, during construction of PR Highway 53.
However, the government of the Commonwealth does not fit the SBA
criteria for a small entity. Consequently, we certify that the
designation of critical habitat for the guaj[oacute]n will not result
in a significant economic impact on a substantial number of small
business entities. Please see the ``Economic Analysis'' section above
and the draft economic analysis itself for a more detailed discussion
of potential economic impacts.
Executive Order 13211--Energy Supply, Distribution, or Use
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, or
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. This proposed
designation of critical habitat for guajon is considered a significant
regulatory action under Executive Order 12866 because it raises novel
legal and policy issues. OMB has provided guidance for implementing
this Executive Order that outlines nine outcomes that may constitute
``a significant adverse effect'' when compared without the regulatory
action under consideration. The draft economic analysis finds that none
of these criteria are relevant to this analysis. Thus, based on
information in the draft economic analysis, energy-related impacts
associated with guajon conservation activities within proposed critical
habitat are not expected. As such, the proposed designation of critical
habitat is not expected to significantly affect energy supplies,
distribution, or use and a Statement of Energy Effects is required.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act (2 U.S.C.
1501), the Service makes the following findings:
(a) This rule will not produce a Federal mandate. In general, a
Federal mandate is a provision in legislation, statute, or regulation
that would impose an enforceable duty upon State, local, or Tribal
governments, or the private sector, and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal
intergovernmental mandate'' includes a regulation that ``would impose
an enforceable duty upon State, local, or tribal governments,'' with
two exceptions. It excludes ``a condition of federal assistance.'' It
also excludes ``a duty arising from participation in a voluntary
Federal program,'' unless the regulation ``relates to a then-existing
Federal program under which $500,000,000 or more is provided annually
to State, local, and tribal governments under entitlement authority,''
if the provision would ``increase the stringency of conditions of
assistance'' or ``place caps upon, or otherwise decrease, the Federal
Government's responsibility to provide funding'' and the State, local,
or tribal governments ``lack authority'' to adjust accordingly. At the
time of enactment, these entitlement programs were: Medicaid; Aid to
Families with Dependent Children work programs; Child Nutrition; Food
Stamps; Social Services Block Grants; Vocational Rehabilitation State
Grants; Foster Care, Adoption Assistance, and Independent Living;
Family Support Welfare Services; and Child Support Enforcement.
``Federal private sector mandate'' includes a regulation that ``would
impose an enforceable duty upon the private sector, except (i) a
condition of Federal assistance; or (ii) a duty arising from
participation in a voluntary Federal program.''
The designation of critical habitat does not impose a legally
binding duty on non-Federal government entities or private parties.
Under the Act, the only regulatory effect is that Federal agencies must
ensure that their actions do not destroy or adversely modify critical
habitat under section 7. Non-Federal entities that receive Federal
funding, assistance, permits, or otherwise require approval or
authorization from a Federal agency for an action, may be indirectly
impacted by the designation of critical habitat. However, the legally
binding duty to avoid destruction or adverse
[[Page 33721]]
modification of critical habitat rests squarely on the Federal agency.
Furthermore, to the extent that non-Federal entities are indirectly
impacted because they receive Federal assistance or participate in a
voluntary Federal aid program, the Unfunded Mandates Reform Act would
not apply; nor would critical habitat shift the costs of the large
entitlement programs listed above onto State governments.
(b) As discussed in the draft economic analysis of the proposed
designation of critical habitat for the guajon, the impacts on
nonprofits and small governments are expected to be negligible. It is
likely that small governments involved with developments and
infrastructure projects will be interested parties or involved with
projects involving section 7 consultations for the guajon within their
jurisdictional areas. Any costs associated with this activity are
likely to represent a small portion of a local government's budget.
Consequently, we do not believe that the designation of critical
habitat for this species will significantly or uniquely affect these
small governmental entities. As such, a Small Government Agency Plan is
not required.
Executive Order 12630-Takings
In accordance with E.O. 12630 (``Government Actions and
Interference with Constitutionally Protected Private Property
Rights''), we have analyzed the potential takings implications of
proposing critical habitat for the guajon. Critical habitat designation
does not affect landowner actions that do not require Federal funding
or permits, nor does it preclude development of habitat conservation
programs or issuance of incidental take permits to permit actions that
do require Federal funding or permits to go forward. In conclusion, the
designation of critical habitat for this species does not pose
significant takings implications.
Author
The primary author of this notice is Dr. Jorge E. Saliva, Boqueron
Field Office (see ADDRESSES).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to further amend part 17, subchapter B of
chapter I, title 50 of the Code of Federal Regulations, as proposed to
be amended at 71 FR 58954, October 5, 2006, as follows:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. Critical habitat for the Guaj[oacute]n (Eleutherodactylus cooki)
in Sec. 17.95(d), which was proposed to be added on October 5, 2006,
at 71 FR 58954, is proposed to be amended by revising paragraphs 1 and
5 and by adding new paragraphs 18 through 22 in the entry for
``Guaj[oacute]n'' to read as follows:
Sec. 17.95 Critical habitat--fish and wildlife.
* * * * *
(d) Amphibians
* * * * *
Guaj[oacute]n (Eleutherodactylus cooki)
* * * * *
(1) Critical habitat units are depicted for Humacao, Las Piedras,
Juncos, Maunabo, Patillas, San Lorenzo, and Yabucoa, Puerto Rico, on
the maps below.
* * * * *
(5) Note: Index map (Map 1) follows:
BILLING CODE 4310-55-P
[[Page 33722]]
[GRAPHIC] [TIFF OMITTED] TP19JN07.004
* * * * *
(18) Unit 13: El Cielito, Maunabo, Puerto Rico.
(i) General Description: Unit 13 consists of approximately 7.84 ac
(3.17
[[Page 33723]]
ha), between the municipal boundary of Yabucoa to the north, PR-759 to
the south and west, and PR-3 to the east, within Talante Ward, Maunabo.
(ii) Coordinates: From Yabucoa USGS 1:20,000 quadrangle map. Unit
13 bounded by the following UTM 19 NAD 83 coordinates (E, N):
825982.02, 1996690.65; 825982.05, 1996692.62; 825982.22, 1996694.58;
825982.51, 1996696.52; 825982.93, 1996698.44; 825983.48, 1996700.33;
825984.14, 1996702.18; 825984.93, 1996703.98; 825985.83, 1996705.72;
825986.85, 1996707.40; 825987.97, 1996709.02; 825989.19, 1996710.55;
825990.52, 1996712.01; 825991.93, 1996713.37; 825993.43, 1996714.64;
825995.01, 1996715.80; 825996.67, 1996716.86; 825998.39, 1996717.81;
826000.17, 1996718.65; 826002.00, 1996719.37; 826003.87, 1996719.96;
826005.78, 1996720.44; 826007.71, 1996720.78; 826009.66, 1996721.00;
826011.63, 1996721.09; 826013.59, 1996721.06; 826015.55, 1996720.89;
826017.49, 1996720.60; 826019.41, 1996720.18; 826021.30, 1996719.63;
826023.15, 1996718.97; 826024.95, 1996718.18; 826026.69, 1996717.28;
826028.38, 1996716.27; 826029.99, 1996715.14; 826031.53, 1996713.92;
826032.98, 1996712.59; 826034.34, 1996711.18; 826035.61, 1996709.68;
826036.77, 1996708.10; 826037.84, 1996706.44; 826038.79, 1996704.72;
826039.62, 1996702.94; 826040.34, 1996701.11; 826040.80, 1996699.72;
826058.80, 1996639.86; 826064.87, 1996626.21; 826065.02, 1996625.87;
826065.62, 1996624.39; 826077.68, 1996591.67; 826117.27, 1996543.05;
826117.56, 1996542.70; 826118.72, 1996541.12; 826119.34, 1996540.18;
826137.43, 1996511.67; 826137.87, 1996510.96; 826138.82, 1996509.24;
826139.63, 1996507.52; 826162.49, 1996454.74; 826162.51, 1996454.69;
826163.23, 1996452.86; 826163.82, 1996450.98; 826164.30, 1996449.08;
826164.64, 1996447.14; 826164.86, 1996445.19; 826164.96, 1996443.23;
826165.66, 1996392.36; 826165.62, 1996390.40; 826165.46, 1996388.44;
826165.16, 1996386.49; 826164.74, 1996384.58; 826164.20, 1996382.69;
826163.81, 1996381.55; 826132.56, 1996296.82; 826120.53, 1996241.20;
826120.29, 1996240.18; 826119.75, 1996238.29; 826119.08, 1996236.44;
826118.30, 1996234.64; 826117.39, 1996232.89; 826116.38, 1996231.21;
826115.26, 1996229.60; 826114.03, 1996228.06; 826112.71, 1996226.61;
826111.29, 1996225.25; 826109.79, 1996223.98; 826108.21, 1996222.81;
826106.56, 1996221.75; 826104.84, 1996220.80; 826103.06, 1996219.97;
826101.23, 1996219.25; 826099.36, 1996218.65; 826097.45, 1996218.18;
826095.51, 1996217.83; 826093.56, 1996217.61; 826091.60, 1996217.52;
826089.63, 1996217.56; 826087.68, 1996217.72; 826085.73, 1996218.02;
826083.81, 1996218.44; 826081.93, 1996218.98; 826080.08, 1996219.65;
826078.28, 1996220.43; 826076.53, 1996221.34; 826074.85, 1996222.35;
826073.24, 1996223.47; 826071.70, 1996224.70; 826070.25, 1996226.02;
826068.88, 1996227.44; 826067.62, 1996228.94; 826066.45, 1996230.52;
826065.39, 1996232.17; 826064.44, 1996233.89; 826063.60, 1996235.67;
826062.89, 1996237.50; 826062.29, 1996239.37; 826061.82, 1996241.28;
826061.47, 1996243.21; 826061.25, 1996245.17; 826061.16, 1996247.13;
826061.20, 1996249.09; 826061.36, 1996251.05; 826061.65, 1996253.00;
826061.83, 1996253.89; 826074.31, 1996311.58; 826074.55, 1996312.60;
826075.09, 1996314.49; 826075.48, 1996315.62; 826105.53, 1996397.10;
826104.99, 1996436.39; 826085.46, 1996481.49; 826069.59, 1996506.50;
826027.95, 1996557.62; 826027.67, 1996557.98; 826026.50, 1996559.56;
826025.44, 1996561.21; 826024.49, 1996562.93; 826023.65, 1996564.71;
826023.06, 1996566.20; 826009.61, 1996602.69; 826003.16, 1996617.18;
826003.01, 1996617.52; 826002.29, 1996619.34; 826001.84, 1996620.74;
825983.29, 1996682.42; 825983.15, 1996682.90; 825982.68, 1996684.80;
825982.33, 1996686.74; 825982.11, 1996688.69; 825982.02, 1996690.65.
(iii) Note: Map of Unit 13 (Map 11) follows:
[[Page 33724]]
[GRAPHIC] [TIFF OMITTED] TP19JN07.005
BILLING CODE 4310-55-C
[[Page 33725]]
(19) Unit 14: Verraco, San Lorenzo, Puerto Rico.
(i) General Description: Unit 14 consists of approximately 8.9 ac
(3.6 ha), between PR-181 to the north and west, R[iacute]o Grande de
Lo[iacute]za to the east and south, and the municipal boundary of
Yabucoa to the south, within Espino Ward, San Lorenzo.
(ii) Coordinates: From Yabucoa and Patillas USGS 1:20,000
quadrangle maps. Unit 14 bounded by the following UTM 19 NAD 83
coordinates (E, N):
818021.78, 2003743.38; 818021.82, 2003745.35; 818021.98, 2003747.31;
818022.27, 2003749.25; 818022.69, 2003751.17; 818023.24, 2003753.06;
818023.90, 2003754.90; 818024.69, 2003756.71; 818025.59, 2003758.45;
818026.61, 2003760.13; 818027.41, 2003761.31; 818041.40, 2003780.81;
818041.72, 2003781.25; 818042.95, 2003782.78; 818044.27, 2003784.24;
818045.68, 2003785.60; 818047.19, 2003786.87; 818048.77, 2003788.03;
818050.42, 2003789.09; 818051.64, 2003789.78; 818072.66, 2003801.02;
818073.16, 2003801.29; 818074.94, 2003802.12; 818076.77, 2003802.84;
818078.64, 2003803.44; 818080.55, 2003803.91; 818082.48, 2003804.26;
818084.44, 2003804.48; 818086.40, 2003804.57; 818088.36, 2003804.53;
818089.35, 2003804.46; 818118.63, 2003801.99; 818119.61, 2003801.89;
818121.55, 2003801.60; 818123.47, 2003801.18; 818125.20, 2003800.69;
818179.90, 2003783.29; 818180.06, 2003783.24; 818181.91, 2003782.58;
818183.71, 2003781.79; 818183.86, 2003781.72; 818240.72, 2003754.27;
818242.32, 2003753.44; 818244.00, 2003752.42; 818245.61, 2003751.30;
818247.15, 2003750.08; 818248.60, 2003748.75; 818249.96, 2003747.34;
818251.23, 2003745.84; 818252.40, 2003744.26; 818253.46, 2003742.60;
818254.41, 2003740.88; 818255.24, 2003739.10; 818255.96, 2003737.28;
818256.56, 2003735.40; 818257.03, 2003733.50; 818257.38, 2003731.56;
818257.60, 2003729.61; 818257.69, 2003727.65; 818257.65, 2003725.68;
818257.49, 2003723.73; 818257.19, 2003721.78; 818256.77, 2003719.86;
818256.23, 2003717.97; 818255.56, 2003716.13; 818254.78, 2003714.33;
818253.88, 2003712.58; 818252.86, 2003710.90; 818251.74, 2003709.28;
818250.51, 2003707.75; 818249.19, 2003706.30; 818247.78, 2003704.93;
818246.27, 2003703.67; 818244.69, 2003702.50; 818243.04, 2003701.44;
818241.32, 2003700.49; 818239.54, 2003699.65; 818237.71, 2003698.93;
818235.84, 2003698.34; 818233.93, 2003697.87; 818232.00, 2003697.52;
818230.05, 2003697.30; 818228.08, 2003697.21; 818226.12, 2003697.24;
818224.16, 2003697.41; 818222.22, 2003697.70; 818220.30, 2003698.12;
818218.41, 2003698.67; 818216.56, 2003699.33; 818214.76, 2003700.12;
818214.61, 2003700.19; 818187.94, 2003713.06; 818216.83, 2003685.69;
818233.41, 2003672.94; 818247.97, 2003666.94; 818249.43, 2003666.29;
818251.18, 2003665.38; 818252.86, 2003664.37; 818254.47, 2003663.25;
818256.01, 2003662.02; 818257.46, 2003660.70; 818258.83, 2003659.29;
818260.09, 2003657.78; 818261.26, 2003656.20; 818262.32, 2003654.55;
818263.27, 2003652.83; 818264.11, 2003651.05; 818264.82, 2003649.22;
818265.42, 2003647.35; 818265.89, 2003645.44; 818266.24, 2003643.51;
818266.46, 2003641.56; 818266.55, 2003639.59; 818266.51, 2003637.63;
818266.35, 2003635.67; 818266.06, 2003633.73; 818265.64, 2003631.81;
818265.09, 2003629.92; 818264.43, 2003628.07; 818263.64, 2003626.27;
818262.74, 2003624.53; 818261.72, 2003622.84; 818260.60, 2003621.23;
818259.38, 2003619.69; 818258.05, 2003618.24; 818256.64, 2003616.88;
818255.14, 2003615.61; 818253.56, 2003614.44; 818251.90, 2003613.38;
818250.18, 2003612.43; 818248.40, 2003611.60; 818246.57, 2003610.88;
818244.70, 2003610.28; 818242.80, 2003609.81; 818240.86, 2003609.46;
818238.91, 2003609.24; 818236.95, 2003609.15; 818236.49, 2003609.16;
818236.87, 2003608.20; 818237.46, 2003606.33; 818237.94, 2003604.42;
818238.28, 2003602.49; 818238.50, 2003600.54; 818238.59, 2003598.57;
818238.56, 2003596.61; 818238.39, 2003594.65; 818238.10, 2003592.71;
818237.68, 2003590.79; 818237.13, 2003588.90; 818236.47, 2003587.05;
818235.68, 2003585.25; 818234.78, 2003583.51; 818233.77, 2003581.82;
818232.64, 2003580.21; 818231.42, 2003578.67; 818230.10, 2003577.22;
818229.24, 2003576.35; 818227.83, 2003574.98; 818226.33, 2003573.72;
818224.75, 2003572.55; 818223.09, 2003571.49; 818221.37, 2003570.54;
818219.59, 2003569.70; 818217.76, 2003568.98; 818215.89, 2003568.39;
818213.99, 2003567.92; 818212.05, 2003567.57; 818210.10, 2003567.35;
818208.14, 2003567.26; 818206.17, 2003567.29; 818204.21, 2003567.46;
818202.27, 2003567.75; 818200.35, 2003568.17; 818198.46, 2003568.72;
818196.62, 2003569.38; 818194.81, 2003570.17; 818193.07, 2003571.07;
818191.39, 2003572.08; 818189.77, 2003573.21; 818188.24, 2003574.43;
818186.87, 2003575.67; 818119.61, 2003627.58; 818118.47, 2003628.50;
818117.02, 2003629.82; 818116.33, 2003630.51; 818088.04, 2003659.86;
818054.31, 2003681.68; 818054.28, 2003681.70; 818052.67, 2003682.82;
818051.13, 2003684.04; 818049.68, 2003685.37; 818048.32, 2003686.78;
818047.05, 2003688.28; 818046.58, 2003688.89; 818030.14, 2003710.85;
818029.44, 2003711.82; 818028.38, 2003713.48; 818027.43, 2003715.20;
818026.59, 2003716.97; 818025.88, 2003718.80; 818025.28, 2003720.68;
818024.81, 2003722.58; 818024.52, 2003724.15; 818022.15, 2003739.10;
818022.09, 2003739.47; 818021.87, 2003741.42; 818021.78, 2003743.38;
(iii) Note: The map depicting Unit 14 is provided at paragraph (20)
(iii) of this entry.
(20) Unit 15: Cueva Marcela Unit, San Lorenzo, Puerto Rico.
(i) General Description: Unit 15 consists of approximately 7.47 ac
(3.02 ha), between PR-181 and Quebrada Verraco to the north, PR-181 to
the west, and R[iacute]o Grande de Lo[iacute]za and the municipal
boundary of Yabucoa to the south, within Espino Ward, San Lorenzo.
(ii) Coordinates: From Yabucoa and Patillas USGS 1:20,000
quadrangle maps. Unit 15 bounded by the following UTM 19 NAD 83
coordinates (E, N):
818171.51, 2003361.29; 818171.55, 2003363.25; 818171.72, 2003365.21;
818172.01, 2003367.15; 818172.43, 2003369.07; 818172.97, 2003370.96;
818173.64, 2003372.81; 818174.42, 2003374.61; 818175.33, 2003376.36;
818176.34, 2003378.04; 818177.46, 2003379.65; 818178.69, 2003381.19;
818180.01, 2003382.64; 818181.43, 2003384.00; 818182.93, 2003385.27;
818184.51, 2003386.44; 818186.16, 2003387.50; 818187.88, 2003388.45;
818189.66, 2003389.28; 818191.49, 2003390.00; 818193.36, 2003390.60;
818195.27, 2003391.07; 818197.20, 2003391.42; 818199.16, 2003391.64;
818201.12, 2003391.73; 818203.08, 2003391.69; 818205.04, 2003391.53;
818206.98, 2003391.23; 818208.90, 2003390.81; 818210.79, 2003390.27;
818212.64, 2003389.60; 818214.44, 2003388.82; 818216.19, 2003387.92;
818217.87, 2003386.90; 818219.48, 2003385.78; 818219.89, 2003385.47;
818287.51, 2003333.26; 818288.65, 2003332.34; 818290.10, 2003331.02;
818291.46, 2003329.60; 818292.73, 2003328.10; 818293.05, 2003327.68;
818343.46, 2003261.48; 818344.31, 2003260.32; 818345.37, 2003258.66;
818346.32, 2003256.94; 818347.15, 2003255.17; 818347.87, 2003253.34;
818348.47, 2003251.46; 818348.94, 2003249.56; 818349.29, 2003247.62;
818349.51, 2003245.67; 818349.60, 2003243.71; 818349.56, 2003241.74;
[[Page 33726]]
818349.40, 2003239.79; 818349.10, 2003237.84; 818348.68, 2003235.92;
818348.14, 2003234.03; 818347.47, 2003232.19; 818346.69, 2003230.39;
818345.79, 2003228.64; 818344.77, 2003226.96; 818343.65, 2003225.34;
818342.42, 2003223.81; 818341.10, 2003222.36; 818339.69, 2003220.99;
818338.18, 2003219.73; 818336.60, 2003218.56; 818334.95, 2003217.50;
818333.23, 2003216.55; 818331.45, 2003215.71; 818329.62, 2003214.99;
818327.75, 2003214.40; 818325.84, 2003213.93; 818323.91, 2003213.58;
818321.96, 2003213.36; 818319.99, 2003213.27; 818318.03, 2003213.30;
818316.07, 2003213.47; 818314.13, 2003213.76; 818312.21, 2003214.18;
818310.32, 2003214.73; 818308.47, 2003215.39; 818306.67, 2003216.18;
818304.93, 2003217.08; 818303.24, 2003218.09; 818301.63, 2003219.22;
818300.09, 2003220.44; 818298.64, 2003221.77; 818297.28, 2003223.18;
818296.01, 2003224.68; 818295.69, 2003225.10; 818247.68, 2003288.15;
818183.19, 2003337.94; 818182.05, 2003338.86; 818180.60, 2003340.18;
818179.24, 2003341.60; 818177.97, 2003343.10; 818176.81, 2003344.68;
818175.74, 2003346.33; 818174.79, 2003348.05; 818173.96, 2003349.83;
818173.24, 2003351.66; 818172.64, 2003353.53; 818172.17, 2003355.44;
818171.82, 2003357.37; 818171.60, 2003359.33; 818171.51, 2003361.29;
818164.80, 2003448.26; 818164.84, 2003450.23; 818165.01, 2003452.18;
818165.30, 2003454.13; 818165.72, 2003456.05; 818166.26, 2003457.93;
818166.93, 2003459.78; 818167.72, 2003461.58; 818168.62, 2003463.33;
818169.63, 2003465.01; 818170.75, 2003466.62; 818171.98, 2003468.16;
818173.30, 2003469.61; 818174.72, 2003470.98; 818176.22, 2003472.24;
818177.80, 2003473.41; 818179.45, 2003474.47; 818181.17, 2003475.42;
818182.95, 2003476.26; 818184.78, 2003476.97; 818186.65, 2003477.57;
818188.15, 2003477.95; 818251.08, 2003492.29; 818296.61, 2003523.57;
818376.74, 2003594.09; 818377.97, 2003595.11; 818379.55, 2003596.27;
818381.20, 2003597.34; 818382.92, 2003598.29; 818384.70, 2003599.12;
818386.53, 2003599.84; 818388.40, 2003600.44; 818390.31, 2003600.91;
818392.24, 2003601.26; 818394.20, 2003601.48; 818396.16, 2003601.57;
818398.12, 2003601.53; 818400.08, 2003601.36; 818402.02, 2003601.07;
818403.94, 2003600.65; 818405.83, 2003600.11; 818407.68, 2003599.44;
818409.48, 2003598.66; 818411.23, 2003597.75; 818412.91, 2003596.74;
818414.52, 2003595.62; 818416.06, 2003594.39; 818417.51, 2003593.07;
818418.87, 2003591.65; 818420.14, 2003590.15; 818421.31, 2003588.57;
818422.37, 2003586.92; 818423.32, 2003585.20; 818424.15, 2003583.42;
818424.87, 2003581.59; 818425.47, 2003579.72; 818425.94, 2003577.81;
818426.29, 2003575.88; 818426.51, 2003573.92; 818426.60, 2003571.96;
818426.56, 2003570.00; 818426.40, 2003568.04; 818426.10, 2003566.10;
818425.68, 2003564.18; 818425.14, 2003562.29; 818424.47, 2003560.44;
818423.69, 2003558.64; 818422.79, 2003556.89; 818421.77, 2003555.21;
818420.65, 2003553.60; 818419.42, 2003552.06; 818418.10, 2003550.61;
818416.69, 2003549.25; 818416.41, 2003549.00; 818334.93, 2003477.30;
818333.70, 2003476.28; 818332.12, 2003475.11; 818332.09, 2003475.09;
818280.35, 2003439.55; 818278.72, 2003438.50; 818277.00, 2003437.55;
818275.22, 2003436.72; 818273.39, 2003436.00; 818271.52, 2003435.40;
818270.02, 2003435.02; 818201.50, 2003419.40; 818201.09, 2003419.31;
818199.16, 2003418.97; 818197.21, 2003418.75; 818195.25, 2003418.66;
818193.28, 2003418.69; 818191.32, 2003418.86; 818189.38, 2003419.15;
818187.46, 2003419.57; 818185.57, 2003420.11; 818183.72, 2003420.78;
818181.92, 2003421.57; 818180.18, 2003422.47; 818178.49, 2003423.48;
818176.88, 2003424.61; 818175.35, 2003425.83; 818173.89, 2003427.15;
818172.53, 2003428.57; 818171.26, 2003430.07; 818170.10, 2003431.65;
818169.04, 2003433.31; 818168.09, 2003435.03; 818167.25, 2003436.80;
818166.53, 2003438.63; 818165.94, 2003440.50; 818165.46, 2003442.41;
818165.12, 2003444.35; 818164.90, 2003446.30; 818164.80, 2003448.26;
(iii) Note: Map of Units 14 and 15 (Map 12) follows:
BILLING CODE 4310-55-P
[[Page 33727]]
[GRAPHIC] [TIFF OMITTED] TP19JN07.006
[[Page 33728]]
(21) Unit 16: Ceiba Sur Unit, Juncos, Puerto Rico.
(i) General Description: Unit 16 consists of approximately 13.92 ac
(5.63 ha) between Road PR-9934 to the east, and Road PR-919 to the west
within Ceiba Sur Ward, Juncos.
(ii) Coordinates: From Juncos USGS 1:20,000 quadrangle map. Unit 16
bounded by the following UTM 19 NAD 83 coordinates (E, N):
825495.74, 2015729.02; 825495.78, 2015730.98; 825495.94, 2015732.94;
825496.23, 2015734.88; 825496.65, 2015736.80; 825497.20, 2015738.69;
825497.86, 2015740.54; 825498.65, 2015742.34; 825499.55, 2015744.08;
825500.57, 2015745.77; 825501.69, 2015747.38; 825502.91, 2015748.92;
825504.24, 2015750.37; 825505.65, 2015751.73; 825507.15, 2015753.00;
825508.73, 2015754.17; 825510.39, 2015755.23; 825512.11, 2015756.18;
825513.89, 2015757.01; 825515.50, 2015757.66; 825623.97, 2015797.10;
825686.46, 2015843.70; 825729.39, 2015913.29; 825728.50, 2015977.04;
825714.36, 2016115.79; 825714.30, 2016116.45; 825714.21, 2016118.41;
825714.25, 2016120.38; 825714.32, 2016121.45; 825728.89, 2016288.33;
825712.58, 2016422.79; 825712.46, 2016424.02; 825712.36, 2016425.98;
825712.40, 2016427.95; 825712.57, 2016429.90; 825712.65, 2016430.55;
825721.59, 2016494.66; 825721.80, 2016495.95; 825722.22, 2016497.87;
825722.77, 2016499.76; 825723.43, 2016501.61; 825724.22, 2016503.41;
825725.12, 2016505.16; 825726.13, 2016506.84; 825727.26, 2016508.45;
825728.48, 2016509.99; 825729.80, 2016511.44; 825731.22, 2016512.80;
825732.72, 2016514.07; 825734.30, 2016515.24; 825735.96, 2016516.30;
825737.68, 2016517.25; 825739.45, 2016518.09; 825741.28, 2016518.80;
825743.16, 2016519.40; 825745.06, 2016519.87; 825747.00, 2016520.22;
825748.95, 2016520.44; 825750.91, 2016520.53; 825752.88, 2016520.50;
825754.83, 2016520.33; 825756.78, 2016520.04; 825758.70, 2016519.62;
825760.59, 2016519.07; 825762.43, 2016518.41; 825764.24, 2016517.62;
825765.98, 2016516.72; 825767.66, 2016515.71; 825769.28, 2016514.58;
825770.81, 2016513.36; 825772.27, 2016512.04; 825773.63, 2016510.62;
825774.90, 2016509.12; 825776.06, 2016507.54; 825777.12, 2016505.88;
825778.08, 2016504.16; 825778.91, 2016502.39; 825779.63, 2016500.56;
825780.23, 2016498.69; 825780.70, 2016496.78; 825781.05, 2016494.84;
825781.27, 2016492.89; 825781.36, 2016490.93; 825781.32, 2016488.96;
825781.16, 2016487.01; 825781.07, 2016486.36; 825772.67, 2016426.13;
825788.89, 2016292.45; 825789.01, 2016291.22; 825789.11, 2016289.26;
825789.07, 2016287.29; 825788.99, 2016286.22; 825774.40, 2016119.05;
825788.38, 2015981.81; 825788.44, 2015981.16; 825788.53, 2015979.19;
825789.56, 2015905.38; 825789.53, 2015903.42; 825789.36, 2015901.46;
825789.07, 2015899.52; 825788.65, 2015897.60; 825788.10, 2015895.71;
825787.44, 2015893.86; 825786.65, 2015892.06; 825785.75, 2015890.32;
825785.09, 2015889.20; 825734.57, 2015807.29; 825734.21, 2015806.72;
825733.09, 2015805.11; 825731.86, 2015803.57; 825730.54, 2015802.12;
825729.12, 2015800.76; 825727.62, 2015799.49; 825726.96, 2015798.98;
825656.34, 2015746.31; 825655.42, 2015745.66; 825653.76, 2015744.59;
825652.04, 2015743.64; 825650.26, 2015742.81; 825648.65, 2015742.17;
825536.03, 2015701.22; 825535.81, 2015701.14; 825533.94, 2015700.54;
825532.03, 2015700.07; 825530.10, 2015699.72; 825528.15, 2015699.50;
825526.19, 2015699.41; 825524.22, 2015699.45; 825522.26, 2015699.61;
825520.32, 2015699.91; 825518.40, 2015700.33; 825516.51, 2015700.87;
825514.66, 2015701.54; 825512.86, 2015702.32; 825511.12, 2015703.22;
825509.43, 2015704.24; 825507.82, 2015705.36; 825506.28, 2015706.59;
825504.83, 2015707.91; 825503.47, 2015709.32; 825502.20, 2015710.83;
825501.03, 2015712.41; 825499.97, 2015714.06; 825499.02, 2015715.78;
825498.19, 2015717.56; 825497.47, 2015719.39; 825496.87, 2015721.26;
825496.40, 2015723.17; 825496.05, 2015725.10; 825495.83, 2015727.05;
825495.74, 2015729.02
(iii) Note: Map of Unit 16 (Map 13) follows:
[[Page 33729]]
[GRAPHIC] [TIFF OMITTED] TP19JN07.007
[[Page 33730]]
(22) Unit 17: Playita Unit, Yabucoa, Puerto Rico.
(i) General Description: Unit 17 consists of approximately 5.27 ac
(2.13 ha), between PR-900 to the north and east and the municipal
boundary of Maunabo to the south, within Calabazas Ward, Yabucoa.
(ii) Coordinates: From Yabucoa USGS 1:20,000 quadrangle map. Unit
17 bounded by the following UTM 19 NAD 83 coordinates (E, N):
825120.79, 1998673.78; 825120.83, 1998675.74; 825121.00, 1998677.70;
825121.29, 1998679.64; 825121.71, 1998681.56; 825122.25, 1998683.45;
825122.92, 1998685.30; 825123.71, 1998687.10; 825124.61, 1998688.85;
825125.62, 1998690.53; 825126.74, 1998692.14; 825127.97, 1998693.68;
825129.29, 1998695.13; 825130.71, 1998696.49; 825132.21, 1998697.76;
825133.79, 1998698.93; 825135.44, 1998699.99; 825137.16, 1998700.94;
825138.94, 1998701.77; 825140.77, 1998702.49; 825142.64, 1998703.09;
825144.55, 1998703.56; 825146.49, 1998703.91; 825148.44, 1998704.13;
825150.40, 1998704.22; 825152.37, 1998704.18; 825154.32, 1998704.02;
825156.27, 1998703.72; 825158.19, 1998703.30; 825160.07, 1998702.76;
825161.92, 1998702.09; 825163.72, 1998701.31; 825165.47, 1998700.40;
825167.15, 1998699.39; 825168.76, 1998698.27; 825170.30, 1998697.04;
825171.75, 1998695.72; 825172.48, 1998694.98; 825196.33, 1998670.14;
825233.38, 1998640.82; 825234.24, 1998640.12; 825235.69, 1998638.80;
825237.05, 1998637.38; 825238.32, 1998635.88; 825239.49, 1998634.30;
825240.24, 1998633.15; 825266.62, 1998590.83; 825266.93, 1998590.32;
825267.88, 1998588.60; 825268.71, 1998586.82; 825269.43, 1998584.99;
825270.03, 1998583.12; 825270.50, 1998581.21; 825270.83, 1998579.42;
825279.64, 1998520.84; 825279.66, 1998520.70; 825279.88, 1998518.75;
825279.96, 1998517.25; 825283.32, 1998403.46; 825283.33, 1998402.99;
825283.29, 1998401.03; 825283.13, 1998399.07; 825282.84, 1998397.12;
825282.42, 1998395.21; 825281.87, 1998393.32; 825281.20, 1998391.47;
825280.42, 1998389.67; 825279.52, 1998387.92; 825278.50, 1998386.24;
825277.38, 1998384.63; 825276.15, 1998383.09; 825274.83, 1998381.64;
825273.42, 1998380.27; 825271.91, 1998379.01; 825270.33, 1998377.84;
825268.68, 1998376.78; 825266.96, 1998375.83; 825265.18, 1998374.99;
825263.35, 1998374.28; 825261.48, 1998373.68; 825259.57, 1998373.21;
825257.64, 1998372.86; 825255.69, 1998372.64; 825253.72, 1998372.55;
825251.76, 1998372.59; 825249.80, 1998372.75; 825247.86, 1998373.05;
825245.94, 1998373.46; 825244.05, 1998374.01; 825242.20, 1998374.68;
825240.40, 1998375.46; 825238.65, 1998376.36; 825236.97, 1998377.38;
825235.36, 1998378.50; 825233.82, 1998379.73; 825232.37, 1998381.05;
825231.01, 1998382.46; 825229.74, 1998383.97; 825228.57, 1998385.55;
825227.51, 1998387.20; 825226.56, 1998388.92; 825225.73, 1998390.70;
825225.01, 1998392.53; 825224.41, 1998394.40; 825223.94, 1998396.31;
825223.59, 1998398.24; 825223.37, 1998400.19; 825223.29, 1998401.69;
825219.99, 1998513.68; 825212.36, 1998564.33; 825192.03, 1998596.96;
825157.45, 1998624.31; 825156.60, 1998625.01; 825155.15, 1998626.34;
825154.42, 1998627.07; 825129.15, 1998653.40; 825128.52, 1998654.08;
825127.25, 1998655.59; 825126.08, 1998657.17; 825125.02, 1998658.82;
825124.07, 1998660.54; 825123.24, 1998662.32; 825122.52, 1998664.15;
825121.92, 1998666.02; 825121.45, 1998667.93; 825121.10, 1998669.86;
825120.88, 1998671.81; 825120.79, 1998673.78;
(iii) Note: Map of Unit 17 (Map 14) follows:
[[Page 33731]]
[GRAPHIC] [TIFF OMITTED] TP19JN07.008
[[Page 33732]]
* * * * *
Dated: June 12, 2007.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 07-3031 Filed 6-15-07; 11:13 am]
BILLING CODE 4310-55-C