32510 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Proposed Rules 

Dated: June 25, 2009. 

Marvin E. Moriarty, 

Acting Director, U.S. Fish and Wildlife Service 

[FR Doc. E9–16087 Filed 7–7– 09; 8:45 am] 

BILLING CODE 4310–55–S 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R4–ES–2009–0022; 92210–1117–000– 

B4] 

Endangered and Threatened Wildlife 

and Plants; 90–Day Finding on a 

Petition To List the Coqui Llanero 

(Eleutherodactylus juanariveroi) as 

Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of petition finding and 

initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (the Service), announce 

a 90-day finding on a petition to list 

coqui llanero (Eleutherodactylus 

juanariveroi), a tree frog, as threatened 

or endangered under the Endangered 

Species Act of 1973, as amended (Act). 

Following our review of the petition, we 

find that it provides substantial 

scientific or commercial information 

indicating that listing this species may 

be warranted. Therefore, with the 

publication of this notice, we initiate a 

status review to determine if listing the 

coqui llanero is warranted. To ensure 

that the status review is comprehensive, 

we request scientific and commercial 

data and other information regarding 

this species. We will initiate a 

determination on critical habitat for this 

species if and when we initiate a listing 

action. 

DATES: We made the finding announced 

in this document on July 8, 2009. To 

allow us adequate time to conduct this 

review, we request that information be 

submitted on or before September 8, 

2009. 

ADDRESSES: You may submit 

information by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–R4– 

ES–2009–0022; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222, Arlington, VA 22203. 

We will post all information we 

receive on http://www.regulations.gov. 

This generally means that we will post 

any personal information you provide 

us (see the Information Solicited section 

below for more details). 

FOR FURTHER INFORMATION CONTACT: 

Edwin E. Mun ̃iz, Field Supervisor, 

Caribbean Ecological Services Field 

Office, P.O. Box 491, Boquero ́n, PR 

00622; by telephone, (787) 851–7297; or 

by facsimile, (787) 851–7440. Persons 

who use a telecommunications device 

for the deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Information Solicited 

When we make a finding that a 

petition presents substantial 

information indicating that listing a 

species may be warranted, the Act (16 

U.S.C. 1531 et seq.) requires us to 

promptly commence a review of the 

status of the species. To ensure that the 

status review is complete and based on 

the best available scientific and 

commercial information, we seek 

information on the coqui llanero. We 

request information from the public, 

other concerned governmental agencies, 

Native American Tribes, the scientific 

community, industry, or any other 

interested parties concerning the status 

of the coqui llanero. We seek 

information regarding: 

(1) The species’ historical and current 

status and distribution, its biology and 

ecology, and ongoing conservation 

measures for the species and its habitat; 

(2) Information relevant to the factors 

that are the basis for our making any 

listing determination for a species under 

section 4(a) of the Act, which are: 

(a) The present or threatened 

destruction, modification, or 

curtailment of the species’ habitat or 

range; 

(b) overutilization for commercial, 

recreational, scientific, or educational 

purposes; 

(c) disease or predation; 

(d) the inadequacy of existing 

regulatory mechanisms; or 

(e) other natural or manmade factors 

affecting its continued existence and 

threats to the species or its habitat; and 

(3) Information on the effects of 

climate change, sea-level change, and 

water temperature change on the 

distribution and abundance of the 

species. 

If we determine that listing the 

species is warranted, we intend to 

propose critical habitat to the maximum 

extent prudent and determinable at the 

time we propose the listing. Therefore, 

with regard to areas within the 

geographical range currently occupied 

by the coqui llanero, we also request 

data and information on what may 

constitute physical or biological features 

essential to the conservation of the 

species, where these features are 

currently found, and whether any of 

these features may require special 

management considerations or 

protection. In addition, we request data 

and information regarding whether 

there are areas outside the geographical 

area occupied by the species that are 

essential to the conservation of the 

species. Please provide specific 

comments and information as to what, 

if any, critical habitat you think we 

should propose for designation if the 

species is proposed for listing, and why 

such habitat meets the requirements of 

the Act. 

Please note that submissions merely 

stating support for or opposition to the 

action under consideration without 

providing supporting information, 

although noted, will not be considered 

in making a determination, as section 

4(b)(1)(A) of the Act (16 U.S.C. 1531 et 

seq.) directs that determinations as to 

whether any species is a threatened or 

endangered species must be made 

‘‘solely on the basis of the best scientific 

and commercial data available.’’ Based 

on the status review, we will issue a 12- 

month finding on the petition, as 

provided in section 4(b)(3)(B) of the Act. 

You may submit your information 

concerning this status review by one of 

the methods listed in the ADDRESSES

section. 

If you submit information via http:// 

www.regulations.gov, your entire 

submission—including any personal 

identifying information—will be posted 

on the Web site. If your submission is 

made via a hardcopy that includes 

personal identifying information, you 

may request at the top of your document 

that we withhold your personal 

information from public review. 

However, we cannot guarantee that we 

will be able to do so. We will post all 

hardcopy comments on http:// 

www.regulations.gov. 

Information and materials we receive, 

as well as supporting documentation we 

used in preparing this finding, will be 

available for public inspection on http:// 

www.regulations.gov, or by 

appointment, during normal business 

hours, at the U.S. Caribbean Ecological 

Services Field Office (see FOR FURTHER

INFORMATION CONTACT section). 

Background 

Section 4(b)(3)(A) of the Act requires 

that we make a finding on whether a 

petition to list, delist, or reclassify a 

species presents substantial scientific or 

commercial information indicating that 

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Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Proposed Rules 32511 

the petitioned action may be warranted. 

We are to base this finding on 

information provided in the petition, 

supporting information submitted with 

the petition, and information otherwise 

available in our files. To the maximum 

extent practicable, we are to make this 

finding within 90 days of our receipt of 

the petition and publish our notice of 

the finding promptly in the Federal 

Register. 

Our standard for substantial scientific 

or commercial information within the 

Code of Federal Regulations (CFR) with 

regard to a 90-day petition finding is 

‘‘that amount of information that would 

lead a reasonable person to believe that 

the measure proposed in the petition 

may be warranted’’ (50 CFR 424.14(b)). 

If we find that substantial scientific or 

commercial information was presented, 

we are required to promptly commence 

a status review of the species. 

On May 22, 2007, we received a 

petition dated May 11, 2007, from the 

Caribbean Primate Research Center 

requesting that we list the coqui llanero 

as endangered under the Act. The 

petition also requested that we 

designate critical habitat concurrently 

with listing, if listing occurs. The 

petition clearly identified itself as such 

and included the requisite identification 

information for the petitioners, as 

required in 50 CFR 424.14(a). In a July 

23, 2007, letter to the petitioners, we 

responded that we had reviewed the 

petition and determined that an 

emergency listing was not necessary. 

We also stated that we would not be 

able to address the petition until 

funding became available. Actions in 

this petition were precluded by court 

orders and settlement agreements for 

other listing actions that required nearly 

all of our listing funds for fiscal year 

2007. However, in fiscal year 2008, 

funding became available, enabling us 

to address this petition. Accordingly, 

this finding addresses the petition. On 

January 22, 2009, we received an 

amended petition dated January 13, 

2008. The amended petition included 

literature references published in 2007, 

provided photographs and maps, and 

updated information on current threats 

to the species. 

Species Information 

Neftali Rios-Lo ́pez and Richard 

Thomas first collected the coqui llanero 

(Eleutherodactylus juanariveroi), a tree 

frog, in 2005 from a seasonally flooded 

herbaceous wetland near the U.S. Naval 

Security Group Activity Sabana Seca 

(USNS–GASS) property and the 

Caribbean Primate Research Center, Toa 

Baja, Puerto Rico. The coqui llanero was 

later described as a new species of the 

genus Eleutherodactylus, family 

Leptodactylidae, in 2007. Although the 

new species is similar to the 

Eleutherodactylus gryllus, differences in 

morphological ratios, body coloration, 

frequency of calls, call structure, DNA, 

and habitat association indicate that it is 

a well-differentiated species (Rios-Lo ́pez 

and Thomas 2007, pp. 53–60; Caribbean 

Primate Research Center 2007, p. 1; 

Caribbean Primate Research Center 

2008, p. 1). At the time of this 

determination, this endemic Puerto 

Rican tree frog is only known from this 

type locality (Rios-Lo ́pez and Thomas 

2007, p. 60; Caribbean Primate Research 

Center 2007, p. 1; Departamento de 

Recursos Naturales y Ambientales 

(DRNA) 2007a, p. 3; DRNA 2007b, p. 1; 

Caribbean Primate Research Center 

2008, p. 2). It is only known to occur in 

the Sabana Seca-Ingenio Ward, Toa 

Baja, a municipality of Puerto Rico 

located on the northern coast, north of 

Toa Alta and Bayamo ́n; east of Dorado; 

and west of Catan ̃o, approximately 12 

miles (20 kilometers) from San Juan. 

The coqui llanero is the smallest 

Puerto Rican Eleutherodactylus and is 

the only known herbaceous-wetland 

specialist in Puerto Rico within the 

taxonomic genus Eleutherodactylus. It 

has a mean snout-vent length of 14.7 

millimeters (mm) (0.58 inches (in)) in 

males, and 15.8 mm (0.62 in) in females. 

The nares (nasal passages) are 

prominent, and a ridge connects them 

behind the snout tip, giving the tip a 

somewhat squared-off appearance. The 

species has well-developed glands 

through its body; its dorsal coloration is 

yellow to yellowish brown with a light, 

longitudinal, reversed comma mark on 

each side; and its mid-dorsal zone is 

broadly bifurcated (divided into two 

branches). The species’ communication 

call consists of a series of short highpitched notes with call duration varying 

from 4 to 21 seconds. The advertisement 

call has the highest frequency among all 

Puerto Rican Eleutherodactylus, 

between 7.38 and 8.28 kilohertz. The 

calling activity starts at approximately 

4:30 p.m. and decreases significantly 

before midnight. Egg clutches comprise 

one to five eggs and are found on leaf 

axils or leaf surfaces between 0.4 meters 

(m) (1.3 feet (ft)) and 1.2 m (3.9 ft) above 

water level (Rios-Lo ́pez and Thomas 

2007, pp. 53–62). Observers did not see 

parental care in the field (Caribbean 

Primate Research Center 2007, p. 3; 

Caribbean Primate Research Center 

2008, p. 5). 

The coqui llanero is only known to 

occur in the Sabana Seca-Ingenio Ward, 

Toa Baja type locality, which consists of 

approximately 180 hectares (ha) (444.8 

acres (ac)) of seasonally flooded 

palustrine (marshy, non-tidal wetlands 

substantially covered with emergent 

vegetation such as trees, shrubs, and 

moss, or fresh-water herbaceous 

wetland), at 17 m (55.8 ft) above sea 

level (Rios-Lo ́pez and Thomas 2007, p. 

60; Caribbean Primate Research Center 

2007, p. 2). According to the petitioner, 

the species’ habitat may represent a 

relict of an endemic habitat type (RiosLo ́pez and Thomas 2007, p. 63). The 

habitat is categorized as within the 

subtropical moist forest life zone (Ewel 

and Whitmore 1973, pp. 20–38). The 

main vegetation in this herbaceous 

wetland consists of toothed midsorus 

fern (Blechnum serrulatum), 

willdenow’s maiden fern (Thelypteris 

interrupta), bulltongue arrowhead 

(Sagittaria lancifolia), flat sedges 

(Cyperus sp.), spike rushes (Eleocharis 

sp.), and vines and grasses (Caribbean 

Primate Research Center 2007, p. 2; 

Caribbean Primate Research Center 

2008, p. 2). 

The majority of the individuals were 

found perching and calling on the 

toothed midsorus fern and willdenow’s 

maiden fern. Reproduction, however, 

only occurs on the bulltongue 

arrowhead (Caribbean Primate Research 

Center 2007, p. 2; Caribbean Primate 

Research Center 2008, p. 4). All 

specimens (45 individuals) were 

collected while perching, sitting, or 

calling on herbaceous vegetation, 

mainly on ferns. Egg clutches were 

found on leaf axils (21 egg clutches) or 

leaf surfaces (3 egg clutches) of only S. 

lancifolia (Rios-Lo ́pez and Thomas 

2007, p. 60). 

Five-Factor Evaluation 

Section 4 of the Act (16 U.S.C. 1533), 

and its implementing regulations at 50 

CFR part 424, set forth procedures for 

adding species to the Federal List of 

Endangered and Threatened Wildlife 

and Plants. A species may be 

determined to be an endangered or 

threatened species due to one or more 

of the five factors described in section 

4(a)(1) of the Act: (A) The present or 

threatened destruction, modification, or 

curtailment of its habitat or range; (B) 

overutilization for commercial, 

recreational, scientific, or educational 

purposes; (C) disease or predation; (D) 

the inadequacy of existing regulatory 

mechanisms; or (E) other natural or 

manmade factors affecting its continued 

existence. 

In making this 90-day finding, we 

evaluated whether information 

regarding the coqui llanero, as presented 

in the petition and clarified by 

information available in our files, is 

substantial, thereby indicating that the 

petitioned action may be warranted. Our 

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32512 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Proposed Rules 

evaluation of this information is 

presented below. 

A. The Present or Threatened 

Destruction, Modification, or 

Curtailment of Habitat or Range 

According to the petition, the 

existence of the coqui llanero is 

imperiled due to the existing and 

imminent threatened destruction, 

modification, and curtailment of its 

wetland habitat and geographic range. 

The petitioner identified three main 

threats under Factor A: (1) The 

construction of a go-kart and motorbike 

racetrack in the coqui llanero’s wetland 

habitat, (2) urban development, and (3) 

contamination from the Toa Baja 

Municipal Landfill. The petition claims 

that the construction and operation of a 

go-kart and motorbike racetrack within 

the vicinity of the habitat of the coqui 

llanero are presently affecting the 

species’ habitat. The petition also claims 

that contamination with oil, gasoline, 

and other pollutants due to this 

racetrack is a threat since the area is 

prone to flooding. 

Information in our files (DRNA 2007b, 

pp. 23–25) supports the petitioner’s 

contention that the construction and 

operation of a racetrack for motorbikes 

and go-karts located north of the habitat 

would have negative impacts and is a 

current threat to the species. The 

Commonwealth of Puerto Rico’s final 

designation of essential critical natural 

habitat for the coqui llanero (see Factor 

D discussion below) shows a 

photograph of the flooded racetrack 

(DRNA 2007b, p. 25). The text below the 

illustration specifies that the habitat of 

the coqui llanero was filled for the 

construction of racetrack, and that as a 

result of flooding events, contaminants 

such as oil and gasoline from the track 

spilled frequently into the wetland 

(DRNA 2007b, p. 25). 

As described in the petition, the Toa 

Baja Landfill, located inland on top of 

a limestone hill, is another major threat 

to the coqui llanero. The petition states 

that polluted waters from the continued 

operation of this landfill may pose a 

serious threat to the coqui llanero, 

because underground-contaminated 

waters and leachates reaching the 

wetlands may change water quality, 

soils, and consequently plant 

composition (Caribbean Primate 

Research Center 2007, p. 4; Caribbean 

Primate Research Center 2008, pp. 6–9). 

The petitioner also contends that the 

species and its habitat are threatened by 

large-scale residential projects that are 

currently planned within and around 

the coqui llanero habitat located within 

the south tract of the former U.S. Navy 

NSGA Sabana Seca. The petitioner 

states that the Municipality of Toa Baja 

(as part of its land use plans) intends to 

zone the habitat, an area formerly part 

of the Sabana Seca Navy Base, for 

residential development. The petitioner 

claims that the U.S. Navy, in 

collaboration with the Municipality of 

Toa Baja, has selected residential 

development as the ‘‘preferred 

alternative’’ for the wetlands area within 

the south tract of the former navy base, 

which would represent the destruction 

of 168 ha (416 ac) of wetlands, 

including the coqui llanero’s habitat. 

In 2005, the U.S. Navy consulted with 

the Service on the sale of the former 

USNS–GASS property and reuse of the 

land for residential purposes. The 

proposed disposal mechanism for 

Sabana Seca involved the marketing and 

sale of the property. At that time, we 

were not aware of the existence of this 

new species and its habitat within the 

property. Therefore, the Service was 

only concerned about the possible 

adverse effects to wetland resources of 

future re-use and development of this 

area. 

The petitioners assert that the above 

issues substantially impact the 

distribution and abundance of the coqui 

llanero, as well as its habitat in all of its 

range. Based on the information 

provided in the petition and available in 

our files, we conclude that the 

petitioners have presented substantial 

information to indicate that the present 

or threatened destruction or 

modification of habitat or range may 

present a threat to this species. 

B. Overutilization for Commercial, 

Recreational, Scientific, or Educational 

Purposes 

Neither the petition nor information 

in our files presents information 

indicating that overutilization of coqui 

llanero for commercial, recreational, 

scientific, or educational purposes is a 

threat. Therefore, we find that the 

petition does not present substantial 

information to indicate that the 

overutilization for commercial, 

recreational, scientific, or educational 

purposes may present a threat to the 

coqui llanero. 

C. Disease or Predation 

Neither the petition nor information 

in our files presents information 

indicating that disease or predation are 

significant threats to the coqui llanero. 

Therefore, we find that the petition does 

not present substantial information to 

indicate that disease or predation may 

present significant threats to the coqui 

llanero. 

D. Inadequacy of Existing Regulatory 

Mechanisms 

The petitioner claims that we need to 

list the species and designate critical 

habitat for it because no other regulatory 

mechanism protecting the species or its 

habitat is in place. However, according 

to information in our files, the 

Department of Natural and 

Environmental Resources (DNER) for 

the Commonwealth of Puerto Rico 

designated the species as Critically 

Endangered and designated its habitat 

as Essential Critical Natural Habitat 

under Commonwealth Law 241 and 

Regulation 6766 in July 2007. The 

designation as ‘‘critically endangered’’ 

prohibits any person from taking the 

species: It prohibits harm, possession, 

transportation, destruction, or import or 

export of individuals, nests, eggs or 

juveniles without previous 

authorization from the Secretary of 

DNER. Article 2 of Regulation 6766 

includes all prohibitions. 

DNER designated approximately 200 

ha (509 ac) as ‘‘essential critical natural 

habitat’’ in accordance with Regulation 

6766. Article 4.05 of this regulation 

specifies that an area designated as 

essential critical natural habitat cannot 

be modified unless scientific studies 

determine that such designation should 

be changed. Article 2.06 of this 

regulation prohibits collecting, 

harassing, hunting, and removing, 

among other activities, of listed animals 

within the jurisdiction of Puerto Rico. 

Because the coqui llanero’s habitat is 

the first to be designated as Essential 

Critical Natural Habitat under 

Commonwealth Law 241 and Regulation 

6766, no one is certain of the level of 

protection this law will provide. 

Therefore, we conclude that the 

petitioners have presented substantial 

information to indicate that existing 

regulatory mechanisms may be 

inadequate to protect the coqui llanero. 

E. Other Natural or Manmade Factors 

Affecting the Species’ Continued 

Existence 

The petitioner asserts that the species 

is at risk of extinction throughout its 

range as a result of its extremely limited 

distribution of approximately 200 ha 

(494 ac). With European colonization, 

land was extensively drained and 

modified for agricultural practices. A 

shift in the Puerto Rican economy from 

agriculture to industry led to land 

abandonment, and this species’ habitat 

is thought to represent a relic of an 

endemic herbaceous palustrine wetland. 

Based on the information provided in 

the petition and information in our files, 

the species is currently only known 

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Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Proposed Rules 32513 

from the Sabana-Seca-Ingenio Ward (the 

locality in which the species was 

described), a seasonally flooded 

palustrine herbaceous wetland in Toa 

Baja (Rios-Lo ́pez and Thomas 2007, p. 

60; Caribbean Primate Research Center 

2007, p. 2; DRNA 2007a, pp. 1–11; and 

DRNA 2007b, pp. 1–38; Caribbean 

Primate Research Center 2008, p. 2). 

Land conversion to residential or 

commercial projects is likely to occur in 

the near future because the Municipality 

of Toa Baja (as part of its land use plans) 

intends to zone the habitat, an area 

formerly part of the Sabana Seca Navy 

Base, for residential development. This 

species has not been found in any other 

location. The species’ limited range and 

apparent habitat requirements may be a 

factor affecting the species’ continued 

existence. 

The petitioner also asserted that the 

species is threatened by other reasons 

related to its low reproductive capacity, 

highly specialized ecological 

requirements, brush fires, use of 

herbicides and changing climate 

conditions. Although the petition 

reports an abundance of 450 

individuals/ha (181 individuals/ac) 

(Caribbean Primate Research Center 

2007, p. 3; Caribbean Primate Research 

Center 2008, p.5), it identified low 

reproductive capacity as a threat to the 

species. Rios-Lo ́pez and Thomas (2007, 

p. 60) found that egg clutches generally 

contain 1 to 5 eggs, based on data 

collected from 24 egg clutches. RiosLo ́pez and Thomas (2007, p. 63) 

indicated that recent surveys conducted 

in nearby wetlands failed to locate the 

species and that apparently, there are 

few or no wetlands with plant 

composition similar to that found in the 

Sabana-Seca type locality. 

No additional information was 

provided regarding how many wetlands 

have been surveyed for determining 

presence or absence of the species nor 

what type of studies have been 

conducted to compare habitat 

characteristics among these wetlands. 

However, the evidence presented in the 

petition and in the scientific literature 

suggest that the species is an obligate 

marsh-dweller (Rios-Lo ́pez 2007, p. 62) 

and has only been found in the Sabana 

Seca-Ingenio Ward. Also, the petition 

mentions that brush fire increases the 

species risk of extinction by reducing 

the cover of the wetland. The amended 

petition mentioned that the current use 

of herbicides in the former base, as part 

of the maintenance work on the 

grounds, represents a current threat to 

the species. Additionally, the amended 

petition identified changing climatic 

conditions as a possible threat to the 

wetland where the coqui llanero is 

currently present. However, no further 

information was provided supporting 

these threats. 

To summarize, the primary natural or 

manmade threats appear to be the 

limited distribution, low reproductive 

capacity, highly specialized ecological 

requirements, and potential threats such 

as the use of herbicides and fires to the 

species’ habitat. Based on the 

information presented in the petition 

and available in our files, we find that 

the petition presents substantial 

information to indicate that other 

natural or manmade factors may be 

affecting the continued existence of the 

coqui llanero. Therefore, we find that 

the petition presents substantial 

information for this factor. 

Finding 

Section 4(b)(3)(A) of the Act requires 

that we make a finding on whether a 

petition to list, delist, or reclassify a 

species presents substantial scientific or 

commercial information indicating that 

the petitioned action may be warranted. 

We are to base this finding on 

information provided in the petition, 

supporting information submitted with 

the petition, and information otherwise 

available in our files. To the maximum 

extent practicable, we are to make this 

finding within 90 days of our receipt of 

the petition and publish our notice of 

the finding promptly in the Federal 

Register. 

Our process for making this 90-day 

finding under section 4(b)(3)(A) of the 

Act is limited to a determination of 

whether the information in the petition 

presents ‘‘substantial scientific and 

commercial information,’’ which is 

interpreted in our regulations as ‘‘that 

amount of information that would lead 

a reasonable person to believe that the 

measure proposed in the petition may 

be warranted’’ (50 CFR 424.14(b)). As 

described in our five-factor analysis 

above, the petition presents substantial 

information indicating that listing the 

coqui llanero as threatened or 

endangered throughout its entire range 

may be warranted based on Factors A, 

D, and E. We reviewed the petition, 

supporting information provided by the 

petitioner, and information in our files, 

and we evaluated that information to 

determine whether the sources cited 

support the claims made in the petition. 

The petition and supporting 

information identified numerous factors 

affecting the species, including 

residential development, lack of 

regulatory mechanisms protecting the 

species and its habitat, and the limited 

habitat suitability available to the 

species. Our conclusion is based on 

information that indicates that the 

species’ continued existence may be 

affected by loss and fragmentation of 

habitat from land conversion, 

development, and habitat contamination 

(Factor A); inadequate protection from 

threats by regulatory mechanisms 

(Factor D); and other natural or 

manmade factors such as limited habitat 

and range, low reproductive capacity, 

highly specialized ecological 

requirements, and use of herbicides and 

fires (Factor E). The petition did not 

contain information indicating that 

Factors B and C are considered a threat 

to this species. As a result of this 

finding, we are initiating a status review 

of the species. At the conclusion of the 

status review, we will issue a 12-month 

finding, in accordance with section 

4(b)(3)(B) of the Act, as to whether or 

not we believe a proposal to list the 

species is warranted. 

The ‘‘substantial information’’ 

standard for a 90-day finding is not the 

same as the Act’s ‘‘best scientific and 

commercial data’’ standard that applies 

to a 12-month finding to determine 

whether a petitioned action is 

warranted. A 90-day finding is not a 

status assessment of the species and 

does not constitute a status review 

under the Act. Our final determination 

of whether a petitioned action is 

warranted is not made until we have 

completed a thorough status review of 

the species as part of the 12-month 

finding on a petition, which is 

conducted following a positive 90-day 

finding. Because the Act’s standards for 

90-day and 12-month findings are 

different, as described above, a positive 

90-day finding does not mean that the 

12-month finding also will be positive. 

References Cited 

A complete list of references cited is 

available on the Internet at http:// 

www.regulations.gov and upon request 

from the Caribbean Ecological Services 

Field Office (see FOR FURTHER

INFORMATION CONTACT). 

Authors 

The primary authors of this notice are 

the staff members of the Caribbean 

Ecological Services Field Office. 

Authority 

The authority for this action is section 

4 of the Endangered Species Act of 

1973, as amended (16 U.S.C. 1531 et 

seq.). 

Dated: June 26, 2009. 

Marvin E. Moriarty, 

Acting Deputy Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. E9–16065 Filed 7–7–09; 8:45 am] 

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