83_FR_1230 83 FR 1223 - Endangered and Threatened Wildlife and Plants; Removal of the Monito Gecko (Sphaerodactylus micropithecus) From the Federal List of Endangered and Threatened Wildlife

83 FR 1223 - Endangered and Threatened Wildlife and Plants; Removal of the Monito Gecko (Sphaerodactylus micropithecus) From the Federal List of Endangered and Threatened Wildlife

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 7 (January 10, 2018)

Page Range1223-1232
FR Document2018-00207

We, the U.S. Fish and Wildlife Service (Service), propose to remove the Monito gecko (Sphaerodactylus micropithecus) from the Federal List of Endangered and Threatened Wildlife due to recovery. This determination is based on a thorough review of the best available scientific and commercial information, which indicates that this species has recovered, and the threats to this species have been eliminated or reduced to the point that the species no longer meets the definition of an endangered species or a threatened species under the Endangered Species Act of 1973, as amended. We seek information, data, and comments from the public regarding this proposal to delist the Monito gecko, and on the draft post-delisting monitoring plan.

Federal Register, Volume 83 Issue 7 (Wednesday, January 10, 2018)
[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Proposed Rules]
[Pages 1223-1232]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00207]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2017-0082; FXES11130900000C2-178-FF09E42000]
RIN 1018-BB76


Endangered and Threatened Wildlife and Plants; Removal of the 
Monito Gecko (Sphaerodactylus micropithecus) From the Federal List of 
Endangered and Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; availability of draft post-delisting monitoring 
plan.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
remove the Monito gecko (Sphaerodactylus micropithecus) from the 
Federal List of Endangered and Threatened Wildlife due to recovery. 
This determination is based on a thorough review of the best available 
scientific and commercial information, which indicates that this 
species has recovered, and the threats to this species have been 
eliminated or reduced to the point that the species no longer meets the 
definition of an endangered species or a threatened species under the 
Endangered Species Act of 1973, as amended. We seek information, data, 
and comments from the public regarding this proposal to delist the 
Monito gecko, and on the draft post-delisting monitoring plan.

DATES: To allow us adequate time to consider your comments on this 
proposed rule, we must receive your comments on or before March 12, 
2018. We must receive requests for public hearings in writing, at the 
address shown in FOR FURTHER INFORMATION CONTACT, by February 26, 2018.

ADDRESSES: You may submit comments on this proposed rule and draft 
post-delisting monitoring plan by one of the following methods:
     Electronically: Go to the Federal eRulemaking Portal: 
http://

[[Page 1224]]

www.regulations.gov. In the Search box, enter the Docket Number for 
this proposed rule, which is FWS-R4-ES-2017-0082. You may submit a 
comment by clicking on ``Comment now!'' Please ensure that you have 
found the correct rulemaking before submitting your comment.
     By hard copy: By U.S. mail or hand-delivery: Public 
Comments Processing, Attn: Docket No. FWS-R4-ES-2017-0082; U.S. Fish 
and Wildlife Service Headquarters, MS BPHC, 5275 Leesburg Pike, Falls 
Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Comments below for more information).
    Document availability: A copy of the draft post-delisting 
monitoring plan can be viewed at http://www.regulations.gov under 
Docket No. FWS-R4-ES-2017-0082, or at the Caribbean Ecological Services 
Field Office website at https://www.fws.gov/caribbean/es.

FOR FURTHER INFORMATION CONTACT: Edwin Mu[ntilde]iz, Field Supervisor, 
U.S. Fish and Wildlife Service, Caribbean Ecological Services Field 
Office, Road 301, Km. 5.1, Boquer[oacute]n, Puerto Rico 00622; P.O. Box 
491, Boquer[oacute]n, Puerto Rico 00622; or by telephone (787) 851-7297 
or by facsimile (787) 851-7441. If you use a telecommunications device 
for the deaf (TDD), please call the Federal Relay Service at (800) 877-
8339.

SUPPLEMENTARY INFORMATION:

Executive Summary

Purpose of Regulatory Action

    The purpose of this proposed action is to remove the Monito gecko 
from the Federal List of Endangered and Threatened Wildlife in title 50 
of the Code of Federal Regulations (50 CFR 17.11(h)) based on its 
recovery.

Basis for Action

    We may delist a species if the best scientific and commercial data 
indicate the species is neither a threatened species nor an endangered 
species for one or more of the following reasons: (1) The species is 
extinct; (2) the species has recovered; or (3) the original data used 
at the time the species was classified were in error (50 CFR 424.11). 
Here, we have determined that the species may be delisted based on 
recovery. A species may be delisted based on recovery only if the best 
scientific and commercial data indicate that it is no longer threatened 
or endangered.
     Rat predation, the threat suspected to be the main cause 
of an apparent population decline for the Monito gecko (factor C), was 
eliminated by August 1999 when the last rat eradication campaign was 
completed by the Puerto Rico Department of Natural and Environmental 
Resources (PRDNER). From August 1999 to May 2016, no rats or other 
potential exotic predators have been detected on Monito Island.
     The species' apparent small population size (factor E), 
noted as a threat at the time of listing, may have been an artifact of 
bias as surveys were conducted under conditions when the species was 
not easily detectable. The Monito gecko is currently considered 
abundant and widely distributed on Monito Island.
     The Monito gecko and its habitat have been and will 
continue to be protected under Commonwealth laws and regulations 
(factor D). These existing regulatory mechanisms are adequate to 
protect the Monito gecko now and in the future.
     There is no indication that other potential remaining 
threats such as natural predation significantly affect the gecko's 
survival. There are no known potential climate change effects (i.e., 
sea level rise) (factor E) that negatively affect the Monito gecko.

Public Comments

    We intend that any final action resulting from this proposed rule 
will be as accurate and effective as possible. Therefore, we request 
data, comments, and new information from other concerned governmental 
agencies, the scientific community, industry, or other interested 
parties concerning this proposed rule. The comments that will be most 
useful and likely to influence our decisions are those that are 
supported by data or peer-reviewed studies and those that include 
citations to, and analyses of, applicable laws and regulations. Please 
make your comments as specific as possible and explain the basis for 
them. In addition, please include sufficient information with your 
comments to allow us to authenticate any scientific or commercial data 
you reference or provide. In particular, we seek comments concerning 
the following:
    (1) Information concerning the biology and ecology of the Monito 
gecko;
    (2) Relevant data concerning any threats (or lack thereof) to the 
Monito gecko particularly any data on the possible effects of climate 
change to this reptile as it relates to its habitat type, the extent of 
State protection and management that would be provided to this reptile 
as a delisted species, and evidence of illegal disembarking from boats 
onto the island or other illegal activities on Monito Island that may 
affect the species;
    (3) Current or planned activities within the geographic range of 
the Monito gecko that may impact or benefit the species; and
    (4) The draft post-delisting monitoring plan and the methods and 
approach detailed in it.
    Please note that submissions merely stating support for or 
opposition to the action under consideration without providing 
supporting information, although they will be noted, will not be 
considered in making a determination, as section 4(b)(1)(A) of the Act 
directs that a determination 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.''
    In issuing a final determination on this proposed action, we will 
take into consideration all comments and any additional information we 
receive. Such information may lead to a final rule that differs from 
this proposal. All comments and recommendations, including names and 
addresses, will become part of the administrative record.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. Before including your 
address, phone number, email 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.
    If you submit information via http://www.regulations.gov, your 
entire comment--including any personal identifying information--will be 
posted on the website. 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. Please note that comments 
posted to this website are not immediately viewable. When you submit a 
comment, the system receives it immediately. However, the comment will 
not be publically viewable until we post it, which might not occur 
until several days after submission.
    Similarly, if you mail or hand-deliver a hardcopy comment that 
includes personal identifying information, you may request at the top 
of your document that we withhold this information from public review, 
but we cannot guarantee that we will be able to do so. To ensure that 
the electronic docket for this rulemaking is complete and all

[[Page 1225]]

comments we receive are publicly available, we will post all hardcopy 
submissions on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation used in preparing this proposed rule will be available 
for public inspection in two ways:
    (1) You can view them on http://www.regulations.gov. In the Search 
Documents box, enter FWS-R4-ES-2017-0082, which is the docket number 
for this rulemaking. Then, in the Search panel on the left side of the 
screen, select the type of documents you want to view under the 
Document Type heading.
    (2) You can make an appointment, during normal business hours, to 
view the comments and materials in person at the U.S. Fish and Wildlife 
Service, Caribbean Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT).

Public Hearing

    Section 4(b)(5)(E) of the Act provides for one or more public 
hearings on this proposal, if requested. We must receive requests for 
public hearings, in writing, at the address shown in FOR FURTHER 
INFORMATION CONTACT by the date shown in the DATES section of this 
document. We will schedule at least one public hearing on this 
proposal, if any are requested, and announce the dates, times, and 
locations, as well as how to obtain reasonable accommodations, in the 
Federal Register at least 15 days before any hearing.

Previous Federal Actions

    On October 15, 1982, we published a final rule in the Federal 
Register (47 FR 46090) listing the Monito gecko as an endangered 
species and designating the entire island of Monito as critical 
habitat. The final rule identified the following threats to the Monito 
gecko: Extremely small population size coupled with suspected predation 
by rats. On March 27, 1986, we published the Monito Gecko Recovery Plan 
(USFWS 1986, 18 pp.). The 5-year review, which was completed on August 
8, 2016 (USFWS 2016, 25 pp.), recommended delisting the species due to 
recovery.
    For additional details on previous Federal actions, see discussion 
under the Recovery section below. Also see http://www.fws.gov/endangered/species/us-species.html for the species profile for this 
reptile.

Species Information

Biology and Life History

    The Monito gecko, Sphaerodactylus micropithecus, (Schwartz 1977, 
entire) is a small lizard (approximately 36 millimeters (1.42 inches) 
snout-vent length) with an overall pale tan body and dark-brown 
mottling on the dorsal surface. It is closely related to the 
Sphaerodactylus macrolepis complex of the Puerto Rican Bank, but 
variation in dorsal pattern and scale counts confirm the 
distinctiveness of the species; probably resulting from a single 
invasion to Monito Island and its subsequent isolation (Schwartz 1977, 
p. 990, Dodd and Ortiz 1984, p. 768).
    Little is known about the biology of this species, including its 
diet, reproduction, or potential predators. A study of the diet of 
other more common Sphaerodactylus species in Puerto Rico found a 
diverse content of small invertebrates, such as mites, springtails, and 
spiders (Thomas and Gaa Kessler 1996, pp. 347-362). Out of the 18 
individuals counted by Dodd and Ortiz (1983, p. 120), they found 
juveniles and gravid females suggesting that the species is 
reproducing. Dodd and Ortiz (1983, p. 121) suspected reproduction 
occurs from at least March through November as suggested by the egg 
found by Campbell in May 1974, by the gravid females found by Dodd and 
Ortiz (1982, p. 121) on August 1982, and the fact that Monito gecko 
eggs take 2 to 3 months to hatch (Rivero 1998, p. 89). During a plot 
survey on May 2016, two gravid females and several juveniles were found 
(USFWS 2016, p. 13). Potential natural predators of the Monito gecko 
may include the other native lizard Anolis monensis and/or the skink 
(Spondilurus monitae).

Distribution and Habitat

    The Monito gecko is restricted to Monito Island, an isolated island 
located in the Mona Passage, about 68 km (42.3 mi) west of the island 
of Puerto Rico, 60 km (37.3 mi) east of Hispaniola and about 5 km (3.1 
mi) northwest of Mona Island (USFWS 1986, p. 2). Monito Island is a 
flat plateau surrounded by vertical cliffs rising about 66 m (217 ft) 
with no beach, and considered the most inaccessible island within the 
Puerto Rican archipelago (Garc[iacute]a et al. 2002, p. 116). With an 
approximate area of 40 acres (c.a. 16 hectares) (Woodbury et al. 1977, 
p. 1), Monito Island is part of the Mona Island Reserve, managed for 
conservation by the PRDNER (no date, p. 2). The remoteness and 
difficulty of access to Monito Island make studying the Monito gecko 
difficult (Dodd 1985, p. 2).
    The only life zone present on Monito Island is subtropical dry 
forest (Ewel and Whitmore 1973, p. 10). In this life zone, the Monito 
gecko has been found in areas characterized by loose rock sheets or 
small piles of rocks, exposed to the sun, and with little or no 
vegetation cover. Vegetation may or may not be associated with these 
areas. On Monito Island, such areas include small groves of Guapira 
discolor (barrehorno), Pithecellobium unguis-cati (escambr[oacute]n 
colorado), or Capparis flexuosa (palo de burro) where some leaf litter 
is present; areas with loose rocks on the ground; or rock sheets that 
provide shady refuges, and numerous regions where large pieces of metal 
(remnant ordnance) lay on the ground (Ortiz 1982, p. 2). Being a small, 
ground-dwelling lizard, the Monito gecko, like other members of its 
genus, is usually found under rocks, logs, leaf litter (and trash) 
(Rivero 1998, p. 89).

Population Size and Trends

    When the species' Recovery Plan was completed in 1986, only two 
island-wide surveys had been completed (Dodd and Ortiz 1983, entire; 
Hammerson 1984, entire), with the higher count from Dodd and Ortiz 
(1983, p. 120) reporting a total of 18 geckos during a 2-day survey. 
During both of these surveys all geckos were found during the day and 
under rocks. Subsequent surveys of variable length and area covered 
detected from 0 to 13 geckos during the day as well (PRDNER 1993, pp. 
3-4; USFWS 2016, p. 9).
    These previous attempts to survey for the Monito gecko are 
considered underestimates, because the surveys were done during the day 
when the species is more difficult to detect: It seems to be less 
active and mostly hiding under rocks, debris, crevices, or other 
substrates. Although geckos in the Sphaerodactylinae group are 
considered mostly diurnal or crepuscular (Rivero, p. 89; Pianka and 
Vitt 2003, p. 185), we suspect that the Monito gecko is more active at 
night and thus easier to detect during night surveys. This nocturnal 
behavior was confirmed during a May 2014 rapid assessment and a May 
2016 systematic survey. During the May 2014 rapid assessment, at least 
one gecko was seen during each of the three nights of the trip; some 
encounters were opportunistic and others occurred while actively 
searching for the species (USFWS 2016, p. 9). In fact, no geckos were 
seen during daylight hours. Geckos were seen on exposed substrates and 
not hidden under rocks or litter, although some were seen within leaf 
litter mixed

[[Page 1226]]

with rocks under a Ficus citrifolia tree. Geckos were observed escaping 
into the cracks and solution holes of the limestone rock.
    The May 2016 systematic gecko survey involved setting up of 40 
random plots on Monito Island (USFWS 2016, p. 10). Each plot was 20 m x 
20 m (400 m\2\), so that the survey covered a total of 16,000 m\2\ or 
approximately 11 percent of Monito Island. Four two-person teams 
visited 10 plots each. Each observer surveyed each plot independently. 
All sites were surveyed at least twice, and all took place during the 
night. A total of 84 geckos was observed during 96 surveys among the 40 
plots, most on exposed rock. Only 8 out of the 84 counted were found 
under a rock or other substrate; all others were out during the night. 
Only two geckos were opportunistically found during the day while 
observers were turning rocks and dry logs.
    Gecko occupancy and abundance was estimated using a standard 
mathematical population model accounting for the abundance and 
detection bias that allow individuals to go unseen during surveys 
(Island Conservation (IC) 2016, p. 5). Occupancy of the geckos on 
Monito Island was determined to be 27.8 percent (11.3-68.6 percent). 
The estimated number of geckos per plot from the best fit model was 
73.3 geckos (Range: 1-101). The abundance model indicates a total of 
1,112 geckos present within the surveyed plots (95 percent confidence 
interval: 362-2,281). Extrapolated across the entire island, Monito 
Island hosts approximately 7,661 geckos (50 percent confidence 
interval: 5,344-10,590).

Recovery and Recovery Plan Implementation

    Section 4(f) of the Act directs us to develop and implement 
recovery plans for the conservation and survival of threatened and 
endangered species unless we determine that such a plan will not 
promote the conservation of the species. Recovery plans are not 
regulatory documents and are instead intended to establish goals for 
long-term conservation of a listed species, define criteria that are 
designed to indicate when the threats facing a species have been 
removed or reduced to such an extent that the species may no longer 
need the protections of the Act, and provide guidance to our Federal, 
State, and other governmental and nongovernmental partners on methods 
to minimize threats to listed species. There are many paths to 
accomplishing recovery of a species, and recovery may be achieved 
without all recovery criteria being fully met. For example, one or more 
criteria may have been exceeded while other criteria may not have been 
accomplished or become obsolete, yet the Service may judge that, 
overall, the threats have been minimized sufficiently, and the species 
is robust enough, to reclassify the species from endangered to 
threatened or perhaps delist the species. In other cases, recovery 
opportunities may have been recognized that were not known at the time 
the Recovery Plan was finalized. These opportunities may be used 
instead of methods identified in the Recovery Plan.
    Likewise, information on the species may subsequently become 
available that was not known at the time the Recovery Plan was 
finalized. The new information may change the extent that criteria need 
to be met for recognizing recovery of the species. Recovery of species 
is a dynamic process requiring adaptive management that may, or may 
not, fully follow the guidance provided in a Recovery Plan.
    The following discussion provides a brief review of recovery 
planning and implementation for the Monito gecko, as well as an 
analysis of the recovery criteria and goals as they relate to 
evaluating the status of the taxon.
    The Monito Gecko Recovery Plan (Plan) was approved on March 27, 
1986 (USFWS 1986, entire). The objective of the Plan was to conduct a 
systematic status survey and ecological study of the species, and to 
reevaluate the species' status and formulate a quantitative recovery 
level and specific recovery actions (USFWS 1986, p. 7). This Plan is 
considered outdated and does not contain recovery criteria that could 
lead to delisting the Monito gecko. However, the Plan does provide 
recovery objectives that, when accomplished, would aid in developing 
such criteria. No quantitative recovery level was defined due to the 
lack of data on historical population levels, population trends, and 
apparent historical population size. The objectives were accomplished 
as follows:

Recovery Actions

    The Plan identifies five primary recovery actions:
    (1) Determine the status of the present population;
    (2) Conduct basic ecological studies;
    (3) Determine extent, if any, of predation and competition by rats 
and other native lizards (see Factor C);
    (4) Update the Plan; and
    (5) Continue protection of the present population.
    The following discussion provides specific details for each of 
these actions.
Recovery Action 1: Determine the Status of the Species
    From 1982 to 1993, several Monito gecko surveys were conducted 
(USFWS 2016, p. 9). However, some of these surveys were either done 
before the Plan was completed (USFWS 1986) or did not provide enough 
information to answer the population objectives of the Plan, and 
current information (see Population Size and Trends above) suggests 
that surveys underestimated the number of geckos. Data from the 2014 
rapid assessment and the 2016 systematic plot survey show that, 
overall, the Monito gecko is abundant across the whole island and 
numbers in the thousands, indicating a large healthy population, as 
specified in the Species Information section above.
Recovery Action 2: Conduct Basic Ecological Studies
    Besides the population survey efforts, no basic ecological studies 
have been conducted for the Monito gecko. The Service believes that 
conducting ecological studies, as described in the Plan (USFWS 1986, 
pp. 7-8), is not crucial to further assess the species' listing status. 
There is no indication that ecological factors such as habitat 
preferences (species occurs throughout the island) and fluctuations in 
reproductive biology or activity patterns (both unknown), are critical 
for the species' listing status. The adjustment of surveys from diurnal 
to nocturnal was a key ecological (behavior) trait for researchers to 
consider in order to obtain reliable data and provide optimal 
population information. We will further discuss any possible needs of 
ecological evaluations in relation to post-delisting monitoring with 
our partners, but we will likely not need detailed research on the 
gecko's ecology based on the status of threats in its native habitat on 
Monito Island.
Recovery Action 3: Determine the Extent, if Any, of Predation and 
Competition by Rats and Native Reptiles
    At the time of listing, the presence of rats on Monito Island was 
identified as the main threat to the Monito gecko. This threat was 
suspected to be the main cause of an apparent population decline for 
the Monito gecko, since rats are predaceous and are known to feed on 
both lizards and lizard eggs (Dodd and Ortiz 1983, 120; Case and Bolger 
1991, pp. 273-278). However, the net effect, if any, of the potential 
rat predation on the geckos is debatable. For example, in comments 
quoted in the final listing rule (47 FR 46091, October 15, 1982), Dr. 
H. Campbell indicated

[[Page 1227]]

that the scarcity of the Monito geckos was an artifact of the intense 
predation by black rats (Rattus rattus), while Dr. A. Schwartz 
expressed doubts that rats could have any effect on the gecko or its 
eggs. Dodd and Ort[iacute]z (1983, p. 121) also explained that during 
their surveys, predator pressure on the gecko could not be proven and 
that more studies were needed to determine if rats or other predators 
do affect the Monito gecko. The potential effect of rats on two other 
relatively common small geckos (Sphaerodactylus monensis and 
Sphaerodactylus levinsi) on nearby Mona and Desecheo Islands 
(respectively) is also unknown. Nevertheless, there is ample evidence 
that the Monito gecko would fare better without rats (Case and Bolger 
1991, entire; Towns et al. 2006, entire; Jones et al. 2016, entire; 
Thibault et al. 2017, entire).
    In October 1992, the PRDNER began a black rat eradication and 
survey project on Monito Island to benefit native and endemic species 
on that Island (Garc[iacute]a et al. 2002, p. 116). The eradication 
campaign continued in March 1993 with poisoning (rodenticide) and snap 
traps to assess changes in the rat population. A second eradication 
campaign started in October 1998, with three eradication events at 4-
month intervals, and again using, in addition to snap traps, chew 
blocks (i.e., soft wood pieces soaked in canola oil) as a monitoring 
tool.
    Garc[iacute]a et al. (2002, pp. 117-118) evaluated the status of 
the rat population seven times during the first campaign and five times 
during the second campaign. Since the completion of the second 
eradication campaign (August 1999), no rats have been detected on 
Monito Island. Garc[iacute]a et al. (2002, p. 118) concluded that in 
order to be certain that eradication had been achieved, it was 
essential to continue an appropriate rat monitoring program on the 
island, and recommended using chew blocks. However, no systematic rat 
monitoring has been implemented on the island since September 1999. 
Nonetheless, during a seabird blood sampling trip in August 2000, 
Anderson and Steeves (2000, p. 1) reported not seeing any rats on 
Monito Island, as did subsequent PRDNER bird survey trips in 2003.
    On May 2014, the Service organized an expedition to Monito Island 
with the PRDNER in order to confirm the eradication of black rats from 
the island, and to evaluate the status of and threats to the Monito 
gecko. The Service and the PRDNER placed 27 snap traps and 70 chew 
blocks distributed along transects covering 870 meters in length (USFWS 
2016, p. 7). In addition, some food items (i.e., watermelon, left-over 
canned food) were intentionally left exposed and available for rats. No 
signs of rats were detected on these available sources during this 4-
day/3-night trip. During surveys conducted in May 2016, the Service and 
the PRDNER also placed 80 chew blocks, two within each gecko sampling 
plot (USFWS 2016, p. 10). No rats were seen or detected with the chew 
blocks during this 5-day/4-night trip. This is a marked contrast from 
when the species was listed in 1982, when rats were observed island-
wide at all times during a 2-day expedition (47 FR 46090, October 15, 
1982).
    In short, although it cannot be ascertained when the last rat died, 
the Service believes Monito Island has been rat free since August-
September 1999. Thus, the main threat to the species has not been 
present for at least the past 18 years.
    Other lizards (i.e., Anolis monensis and Spondilurus monitae, 
formerly Mabuya mabouya sloani) that naturally occur on the Island may 
also prey on the Monito gecko. These other species are considered 
diurnal (active during the day), while the Monito gecko is considered 
nocturnal (active during the night). Determining the extent of these 
potential predator-prey interactions would be challenging. However, 
this should no longer be necessary, as the species has persisted 
despite potential predatory threats.
Recovery Action 4: Update Recovery Plan
    Because of the information on threats and recovery progress that is 
provided in the Monito gecko 5-year review (USFWS 2016) and this 
proposed rule, we believe the Monito gecko no longer meets the 
definition of an endangered or threatened species. Therefore, a formal 
update of the 1986 Plan is not needed.
Recovery Action 5: Continue Protection of the Present Population
    Monito Island has been protected by the PRDNER as a nature reserve 
since 1986 (PRDNER, no date, p. 2). There are no permanent residents on 
Monito Island and access is allowed only under special permits issued 
by the PRDNER, which also maintains a ranger detachment and biologist 
on nearby Mona Island. Monito Island is also visited by illegal 
immigrants. The frequency of these events varies from year to year, and 
illegal immigrants are evacuated fairly quickly by the U.S. Coast 
Guard. Furthermore, the impacts of these visitations seem to be minimal 
(see discussion below).

Summary of Factors Affecting the Species

    Section 4 of the Act and its implementing regulations (50 CFR part 
424) set forth the procedures for listing, reclassifying, or removing 
species from the Federal List of Endangered and Threatened Species. 
``Species'' is defined by the Act as including any species or 
subspecies of fish or wildlife or plants, and any distinct vertebrate 
population segment of fish or wildlife that interbreeds when mature (16 
U.S.C. 1532(16)). Once the species is determined, we then evaluate 
whether that species may be an endangered species or a threatened 
species because of any of one or a combination 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.
    We must consider these same five factors in reclassifying or 
delisting a species. In other words, for species that are already 
listed as endangered or threatened, the analysis for a delisting due to 
recovery must include an evaluation of the threats that existed at the 
time of listing, the threats currently facing the species, and the 
threats that are reasonably likely to affect the species in the 
foreseeable future following the delisting or downlisting and the 
removal of the Act's protections.
    The following discussion examines the factors that were believed to 
affect the Monito gecko at the time of its listing, are currently 
affecting it, or are likely to affect the Monito gecko within the 
foreseeable future.

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

    At the time of listing (47 FR 46090, October 15, 1982), the 
destruction, modification, or curtailment of its habitat (Factor A from 
the Act) was not considered a threat to the Monito gecko. In 1940, the 
U.S. Government acquired Monito Island, and the entire island was used 
by the Air Corps/U.S. Air Force as a high-level radar bombing and 
gunnery range (Parsons Corp. 2010, pp. 2-5). In 1961, Monito Island was 
declared surplus and was returned to the Commonwealth of Puerto Rico in 
September 1965 (Parsons Corp. 2010,

[[Page 1228]]

pp. 2-5). Monito Island is managed by the PRDNER for conservation as 
part of the Mona Island Reserve (PRDNER, no date, p. 2). The final 
listing rule indicated that there were no plans to continue to use 
Monito Island for bombing practices at the time, and any major 
alteration of the island could be detrimental to the continued survival 
of the Monito gecko. In fact, the large amount of scattered debris on 
Monito Island suggests significant historical habitat modification from 
bombing activities (USFWS 1986, p. 5).
    A Monito Island site inspection was conducted in August 2009 
(Parsons Corp. 2010, entire). A qualitative reconnaissance and 
munitions constituents sampling was performed to confirm the range 
location and to evaluate the potential presence of munitions and 
explosives of concern (Parsons Corp. 2010, p. ES-1). Although 
unexploded ordnance (UXO) and munitions debris was found on Monito 
Island, immediate munitions removal actions were not warranted.
    The potential for future UXO detonation activities may have an 
effect on the Monito gecko and its critical habitat. Since Monito 
Island is a natural reserve, all activities must be coordinated with 
the PRDNER. The Service has been conducting informal consultations with 
the U.S. Army Corps of Engineers in order to develop species-specific 
standard operating procedures (SOPs) for the Monito gecko and other 
federally listed species that occur on Monito Island. These site-
specific SOPs would be considered the appropriate conservation measures 
required to avoid and minimize potential adverse effects on the species 
or its critical habitat. Based on the current consultation, the 
magnitude of threat of these future U.S. Army Corps of Engineers 
actions on the Monito gecko is considered minimal and non-imminent.
    Monito Island receives illegal immigrants usually from the western 
islands of Cuba and Hispaniola while trying to enter U.S. territory. 
The PRDNER has stated that illegal immigrants sometimes light fires on 
Monito Island in order to be detected and rescued. This information was 
documented during the May 2016 trip, where two recent fire pits were 
found, along with a small pile of firewood cuttings, on the south-
southeast side of the island on exposed rock with no vegetation in the 
immediate vicinity. The presence of fire pits on Monito Island had not 
been documented in the past. At least for the two fire pits found in 
May 2016, their placement and construction demonstrates these were 
controlled fires and their intention was not of criminal nature. 
Although there is no information available on the frequency and damage 
these fires may be causing, based on what was documented in May 2016, 
the potential effects of such fires may also be considered minimal. To 
date, there is no indication that any potential fires have spread 
throughout the Island.

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

    The final listing rule (47 FR 46091, October 15, 1982) mentioned 
that because of the rarity of the Monito gecko, removal of specimens 
could be detrimental. At present, we are not aware of any individuals 
taken after listing for commercial, recreational, scientific, or 
educational purposes (Factor B from the Act). The remoteness and 
difficult access of Monito Island limits any collecting efforts. In 
addition, access is only allowed under special permits issued by the 
PRDNER, mostly for research, security, or management purposes. 
Furthermore, the Monito gecko's apparent rarity may have been an 
artifact of sampling bias, because surveys from 1982 to 1993 were done 
during daylight hours when the species is mostly hiding and the species 
has a low detection probability (see Species Information section).

Factor C. Disease or Predation

    The final listing rule (47 FR 46091, October 15, 1982) indicates 
that the presence of large numbers of introduced black rats was thought 
to be the major factor in the precarious state of the Monito gecko 
because, although predation by black rats on this species has not been 
confirmed, rats are predaceous and are known to feed on both lizards 
and lizard eggs (Dodd and Ortiz 1983, p. 120; Case and Bolger 1991, pp. 
273-278) (Factor C from the Act). Thus, predation by rats was 
considered a possible cause of population decline for the Monito gecko 
(USFWS 1986, p. 5). As previously explained under the Recovery Action 3 
section of this proposed rule, Monito Island has been rat free since 
August-September 1999. Thus, the main threat to the species has not 
been present for at least the past 18 years.
    Although Monito Island is currently rat free, there is still the 
possibility that rats could reach the island again. Rats may be 
transferred from Mona Island by floating debris or more likely by human 
means. In addition to illegal immigrants, as discussed above, there is 
limited evidence of public use of Monito Island for recreational or 
unknown purposes. Although it is logistically difficult to disembark on 
the island and prohibited because of unexploded ordinances from the 
previous military activities, these disembarking events could increase 
the chance of invasion and establishment of rats or other exotics 
species. However, this possibility is considered very low. The rat 
eradication campaign was completed in 1999, and 18 years later, no rats 
have been found.
    Ortiz (1982, p. 7) included the endemic Monito skink Spondilurus 
monitae (formerly Mabuya mabouya sloani) as a potential predator of the 
Monito gecko (Factor C from the Act). Other species of Mabuya feed 
primarily on small invertebrates, but the diversity of prey types in 
stomach contents, including small vertebrates, indicates that some 
skink species (such as M. bistriata) most likely feed on any moving 
animal of the appropriate size (Vitt and Blackburn 1991, p. 920). 
Rivero (1998, p. 106) states that M. mabouya live in places where 
Sphaerodactylus abound, and it is probable that geckos constitute an 
important food item for this skink. In fact, during the 2016 trip, 
biologists observed one adult skink active at night within the same 
exposed rock habitat used by the Monito gecko (i.e., exposed karst rock 
with lots of crevices and holes). It is also highly probable that 
another native lizard, Anolis monensis, will prey on the Monito gecko 
as well, except that Anolis are considered diurnal. The Monito gecko's 
trait of tail autotomy (tail loss) is certainly an effective predator 
defense mechanism (Pianka and Vitt 2003, p. 76). During our May 2014 
site visit, 2 out of the 8 geckos captured for measurements were 
missing the tips of their tails, and during May 2016, only 5 geckos out 
of the 84 seen had missing tail parts. Although difficult to determine, 
this suggests natural predation pressure from the two other native 
lizard species mentioned above is low.

Factor D. The Inadequacy of Existing Regulatory Mechanisms

    When the Monito gecko was listed (1982), the species did not have 
any other statutory or regulatory protections. Currently, in addition 
to the Act, territorial laws and regulations protect the Monito gecko 
(Factor D from the Act). In 1999, the Commonwealth of Puerto Rico 
enacted Law No. 241-1999, known as the New Wildlife Law of Puerto Rico 
(Nueva Ley de Vida Silvestre de Puerto Rico). The purpose of this law 
is to protect, conserve, and enhance both native and migratory wildlife 
species; declare property of Puerto Rico all wildlife species within 
its jurisdiction; provide provisions to

[[Page 1229]]

issue permits; regulate hunting activities; and regulate exotic 
species, among other actions. In 2004, the PRDNER approved Regulation 
6766--to regulate the management of threatened and endangered species 
in Puerto Rico (Reglamento 6766--Reglamento para Regir el Manejo de las 
Especies Vulnerables y en Peligro de Extinci[oacute]n en el Estado 
Libre Asociado de Puerto Rico), including the Monito gecko, which was 
listed as endangered. Article 2.06 of this regulation prohibits 
collecting, cutting, removing, among other activities, listed animals 
within the jurisdiction of Puerto Rico. There is no evidence that 
either the law or the regulation is not being adequately implemented.
    Additionally, the PRDNER has managed Monito Island as a natural 
reserve since 1986, protecting its wildlife and vegetation. Monito 
Island is managed for conservation because it harbors one of the 
largest seabird nesting colonies in the Caribbean, in addition to other 
endemic and federally listed species like the Higo chumbo cactus 
(Harrisia portoricensis) and the yellow-shouldered blackbird (Agelaius 
xanthomus). There are no human permanent residents on the island, and 
public access is prohibited. The best available information indicates 
that Monito Island will remain permanently protected as a nature 
reserve and managed for conservation.

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

    In listing the Monito gecko, we considered as a factor the species' 
extremely small population size (47 FR 46090, October 15, 1982) (Factor 
E from the Act). As previously explained in the Species Information and 
Recovery sections of this proposed rule, the Monito gecko is a small 
and cryptic species and difficult to detect, especially during the day. 
However, all of the historical surveys documented (USFWS 2016, p. 9) 
were done during daylight hours, when the species is apparently less 
active, safely hiding from diurnal native reptile predators, and/or 
exhibiting behavioral adaptations to avoid the hot temperatures within 
its xeric dry forest environment. As discussed above (see Population 
Size and Trends), these and other biases cause us to question the 
validity of these historical surveys. In contrast, as also discussed 
above (see Population Size and Trends), the best available population 
estimate for the species, completed during the May 2016 systematic plot 
survey, shows that the Monito gecko is widely distributed throughout 
Monito Island and gecko abundance appears to number in the thousands, 
indicating a large well-represented population (IC 2016, pp. 5-6). Our 
post-delisting monitoring will demonstrate the continued recovery of 
this species. In general, lizard populations remain fairly stable and 
are influenced by predation and amount of resources available, and 
predation and competition usually result in populations existing below 
their carrying capacity (Pianka and Vitt 2003, p. 64). Based on the May 
2014 and 2016 observations and results, there is no indication that 
limited resources are acting on the population to warrant listing under 
the Act.
    Potential sea level rise (Factor A from the Act) as a result of 
climate change is not a threat to this species or its habitat, because 
the Monito gecko is found only on Monito Island, which is 66 m (217 ft) 
above sea level and has no beach areas. The current rate of sea level 
rise in the Caribbean is 10 cm (3.9 inches) per century, with more 
specific sea level rise estimates for Puerto Rico ranging from 0.07 to 
0.57 meters (m) (0.20 to 1.87 feet) above current sea level by the year 
2060 and between 0.14 to 1.70 m (0.40 to 5.59 feet) by the year 2110 
(Puerto Rico Climate Change Council 2013, p. 64). Hurricanes, such as 
the recent Hurricanes Irma and Maria are not considered a threat to the 
Monito gecko in part because the island is 66 m above sea level (Factor 
E from the Act). The vegetation on the island is short and therefore 
hurricane impacts are expected to be minimal. Additionally, the Monito 
gecko is under rocks most of the time. We have no information 
indicating rising temperatures will impact the gecko directly or 
indirectly.

Proposed Determination of Species Status

    Under section 4(a)(1) of the Act, we determine whether a species is 
an endangered species or threatened species because of any one or a 
combination of the following: (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.
    The Act defines an endangered species as any species that is ``in 
danger of extinction throughout all or a significant portion of its 
range'' and a threatened species as any species ``which is likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range.'' On July 1, 2014, we 
published a final policy interpreting the phrase ``significant portion 
of its range'' (SPR) (79 FR 37578). In our policy, we interpret the 
phrase ``significant portion of its range'' in the Act's definitions of 
``endangered species'' and ``threatened species'' to provide an 
independent basis for listing a species in its entirety; thus there are 
two situations (or factual bases) under which a species would qualify 
for listing: A species may be in danger of extinction or likely to 
become so in the foreseeable future throughout all of its range; or a 
species may be in danger of extinction or likely to become so 
throughout a significant portion of its range. If a species is in 
danger of extinction throughout an SPR, it, the species, is an 
``endangered species.'' The same analysis applies to ``threatened 
species.''
    The SPR policy is applied to all status determinations, including 
analyses for the purposes of making listing, delisting, and 
reclassification determinations. The procedure for analyzing whether 
any portion is an SPR is similar, regardless of the type of status 
determination we are making. The first step in our assessment of the 
status of a species is to determine its status throughout all of its 
range. Depending on the status throughout all of its range, we will 
subsequently examine whether it is necessary to determine its status 
throughout a significant portion of its range. If we determine that the 
species is in danger of extinction, or likely to become so in the 
foreseeable future, throughout all of its range, we list the species as 
an endangered (or threatened) species and no SPR analysis will be 
required. The same factors apply whether we are analyzing the species' 
status throughout all of its range or throughout a significant portion 
of its range.

Monito Gecko--Determination of Status Throughout All of Its Range

    As required by section 4(a)(1) of the Act, we conducted a review of 
the status of this species and assessed the five factors to evaluate 
whether it is in danger of extinction currently or likely to become so 
in the foreseeable future throughout all of its range. We conducted a 
review of the status of Monito gecko and assessed the five factors to 
evaluate whether Monito gecko is in danger of extinction, or likely to 
become so in the foreseeable future, throughout all of its range. In 
considering delisting the Monito gecko, we evaluated the range of this 
reptile to determine if any areas could be

[[Page 1230]]

considered a significant portion of its range. The Monito gecko is 
endemic to Monito Island, a small island (approx. 40 acres; 16.2 
hectares) off the west coast of Puerto Rico, and it has not been 
introduced elsewhere. There are no landscape barriers within Monito 
Island that might be of biological or conservation importance. The most 
recent survey found that the species occurs across most of the Island. 
Hence, the basic ecological components required for the species to 
complete its life cycle are considered present throughout Monito 
Island. We found that, Monito gecko populations are persistent with an 
estimate of approximately 7,661 geckos (50 percent confidence interval: 
5,344-10,590). During our analysis, we found that impacts believed to 
be threats at the time of listing (primarily predation by rats, factor 
C) are either not as significant as originally anticipated or have been 
eliminated or reduced since listing, and we do not expect any of these 
conditions to substantially change post-delisting and into the 
foreseeable future, nor do we expect climate change to affect this 
species. We conclude that the previously recognized impacts to the 
Monito gecko no longer are a threat to the species, such that the 
species is no longer in danger of extinction throughout all of its 
range now or in the foreseeable future. In order to make this 
conclusion, we analyzed the five threat factors used in making 
Endangered Species Act listing (and delisting) decisions. This analysis 
indicates that the Monito gecko is not in danger of extinction 
throughout all of its range, nor is it likely to become so in the 
foreseeable future.

Monito Gecko--Determination of Status Throughout a Significant Portion 
of Its Range

    Consistent with our interpretation that there are two independent 
bases for listing species as described above, after examining the 
species' status throughout all of its range, we now examine whether it 
is necessary to determine its status throughout a significant portion 
of its range. Per our final SPR policy, we must give operational effect 
to both the ``throughout all of its range'' language and the SPR phrase 
in the definitions of ``endangered species'' and ``threatened 
species.'' Because we determined that Monito gecko is not in danger of 
extinction or likely to become so in the foreseeable future throughout 
all of its range, we will consider whether there are any significant 
portions of its range in which the species is in danger of extinction 
or likely to become so.
    We evaluated the range of the Monito gecko to determine if any area 
may be significant. The Monito gecko is endemic to Monito Island where 
they are under formal protection and management in the State owned 
nature reserve and the only life zone present on Monito Island is 
subtropical dry forest (Ewel and Whitmore 1973, p. 10). In this life 
zone, the Monito gecko has been found in areas characterized by loose 
rock sheets or small piles of rocks, exposed to the sun, and with 
little or no vegetation cover. These areas include small groves where 
some leaf litter is present; areas with loose rocks on the ground; or 
rock sheets that provide shady refuges, and numerous regions where 
large pieces of metal (remnant ordnance) lay on the ground. Because its 
range is limited to Monito Island and the only life zone present on 
Monito Island is subtropical dry forest, we find that the species is 
comprised of a single, contiguous population and there are no logical 
biological divisions delineating portions of the range. For this 
reason, we did not identify any portions that may be significant 
because of natural or biological divisions indicating biological or 
conservation importance.
    We also examined whether any threats are geographically 
concentrated in some way that would indicate the species may be in 
danger of extinction, or likely to become so, in a particular area. We 
conclude that none of them are concentrated in any particular area of 
the species' range; all factors act uniformly throughout its range. The 
factors affecting the Monito gecko occur at similarly low levels 
throughout its range and would affect all individuals of the 
population. Because the species acts as a single population, no portion 
is likely to have a different status or be differently affected by 
threats than any other portion or than that of the species throughout 
all of its range. Therefore, no threats or their effects are 
sufficiently concentrated to indicate the species may be in danger of 
extinction, or likely to become so in any area of the species' range. 
We did not identify any portions where the species may be in danger of 
extinction or likely to become so in the foreseeable future. Therefore, 
no portions warrant a detailed SPR analysis because there cannot be any 
portion, including a significant portion, of the species' range where 
the species is in danger of extinction or likely to become so in the 
foreseeable future. For these reasons, we conclude that the species is 
not in danger of extinction, or likely to become so, throughout a 
significant portion of its range.

Conclusion and Determination

    The Monito gecko has demonstrated the ability to adapt to changing 
environmental conditions over time from both anthropogenic and natural 
disturbances. And although there is no genetic information available 
for the Monito gecko, there are no indications of a decreased fitness 
or that a lack of representation is causing species mortality or 
limiting the species' ability to adapt. Although the Monito gecko 
population is considered to have low redundancy (i.e., one population 
endemic to Monito Island), no immediate risk of extirpation was 
identified and no other populations outside of Monito Island are needed 
for its recovery. In addition, the fact that the species was found 
throughout the Island and gecko abundance is in the thousands, 
indicates a large well-represented population with demonstrated 
abilities to recover and adapt from disturbances.
    Because the Monito gecko population is considered self-sustaining, 
contains a relatively large number of individuals, and has demonstrated 
high resilience and viability, we expect this population to persist 
into the future. The species is considered abundant within its habitat, 
which consists of adequate area and quality to maintain survival and 
reproduction in spite of disturbances. Thus, the Monito gecko appears 
to have highly resilient population attributes (e.g., habitat 
generalist, potential high adult survival rate) that allow at least 
some degree of disturbance within a harsh xeric environment.
    We have carefully assessed the best scientific and commercial 
information available regarding the threats faced by the Monito gecko 
in developing this proposed rule. The Service finds that the present or 
threatened destruction, modification, or curtailment of its habitat 
(factor A) is not a threat to the continued existence of the Monito 
gecko, and we do not expect it to be a threat in the future. We also 
conclude that overutilization (factor B) and disease (factor C) are not 
a threat to the Monito gecko. Natural predation by other native lizards 
may occur, but this activity is considered a low-magnitude threat 
because the Monito gecko has persisted despite potential predation and 
there is no indication that the magnitude of an undetermined natural 
predation pressure significantly affects the gecko's survival. No rats 
have been detected on Monito Island since August 1999. Therefore, we 
conclude that predation (factor C) is not a threat to the Monito gecko.

[[Page 1231]]

    The species' apparent small population size (factor E), noted at 
the time of listing, may have been an artifact of bias as surveys were 
conducted under conditions when the species was not easily detectable. 
There are no known potential climate change effects (i.e., sea level 
rise or changes in air temperature) (factor A) that negatively affect 
the Monito gecko. No other natural or manmade factors are considered 
threats (factor E). The Monito gecko and its habitat have been and will 
continue to be protected under Commonwealth laws and regulations 
(factor D), and these existing regulatory mechanisms are adequate to 
protect the Monito gecko now and in the future. The information 
indicates that this species is no longer at immediate risk of 
extinction, nor is it likely to experience reemergence of threats and 
associated population declines in the future. Based on the analysis 
above and after considering the best available scientific and 
commercial information, we conclude that the Monito gecko does not 
currently meet the Act's definition of an endangered or threatened 
species throughout its range.

Effects of This Proposed Rule

    If this proposed rule is finalized, it would revise 50 CFR 17.11(h) 
to remove the Monito gecko from the Federal List of Endangered and 
Threatened Wildlife. If this proposed rule is finalized, the 
prohibitions and conservation measures provided by the Act would no 
longer apply to the Monito gecko. Federal agencies would no longer be 
required to consult with us under section 7 of the Act to ensure that 
any action authorized, funded, or carried out by them is not likely to 
jeopardize the gecko's continued existence. The prohibitions under 
section 9(a)(1) of the Act would no longer make it illegal for any 
person subject to the jurisdiction of the United States to import or 
export, transport in interstate or foreign commerce, or take, possess, 
sell, deliver, carry, transport, or ship Monito geckos. Finally, this 
rule would also remove the Federal regulations related to the Monito 
gecko listing: The critical habitat designation at 50 CFR 17.95(c).

Post-Delisting Monitoring

    Section 4(g)(1) of the Act requires us to implement a system in 
cooperation with the States to monitor effectively for not less than 5 
years the status of all species that are delisted due to recovery. 
Post-delisting monitoring (PDM) refers to activities undertaken to 
verify that a species delisted due to recovery remains secure from the 
risk of extinction after the protections of the Act no longer apply. 
The primary goal of PDM is to ensure that the species' status does not 
deteriorate, and if a decline is detected, to take measures to halt the 
decline so that proposing it as threatened or endangered is not again 
needed. If at any time during the PDM period, data indicate that 
protective status under the Act should be reinstated, we can initiate 
listing procedures, including, if appropriate, emergency listing. At 
the conclusion of the PDM period, we will review all available 
information to determine if re-listing, the continuation of monitoring, 
or the termination of monitoring is appropriate.
    Section 4(g) of the Act explicitly requires cooperation with the 
States (which includes Territories such as Puerto Rico) in development 
and implementation of PDM programs. However, we remain responsible for 
compliance with section 4(g) and, therefore, must remain actively 
engaged in all phases of PDM. We also seek active participation of 
other entities that are expected to assume responsibilities for the 
species' conservation after delisting. In April 2017, the PRDNER and 
the Service agreed to be cooperators in the PDM for the Monito gecko.
    We have prepared a Draft PDM Plan for the Monito gecko (USFWS 
2017). The plan is designed to detect significant declines in the 
Monito gecko with reasonable certainty and precision, and detect 
possible new or reoccurring threats (i.e., presence of rats). The plan:
    (1) Summarizes the species' status at the time of delisting;
    (2) Defines thresholds or triggers for potential monitoring 
outcomes and conclusions;
    (3) Lays out frequency and duration of monitoring;
    (4) Articulates monitoring methods including sampling 
considerations;
    (5) Outlines data compilation and reporting procedures and 
responsibilities; and
    (6) Proposes a PDM implementation schedule including timing and 
responsible parties.
    Concurrent with this proposed delisting rule, we announce the draft 
PDM plan's availability for public review. The plan can be viewed in 
its entirety at http://www.fws.gov/caribbean/es or at http://www.regulations.gov under Docket No. FWS-R4-ES-2017-0082. Copies can 
also be obtained from the U.S. Fish and Wildlife Service, Caribbean 
Ecological Services Field Office, Boquer[oacute]n, Puerto Rico (see FOR 
FURTHER INFORMATION CONTACT). We seek information, data, and comments 
from the public regarding the Monito gecko and the PDM strategy. We are 
also seeking peer review of this draft PDM plan concurrently with this 
comment period. We anticipate finalizing this plan, considering all 
public and peer review comments, prior to making a final determination 
on the proposed delisting rule.

Peer Review

    In accordance with our policy published in the Federal Register on 
July 1, 1994 (59 FR 34270), and the Office of Management and Budget's 
Final Information Quality Bulletin for Peer Review, dated December 16, 
2004, we will solicit the expert opinions of at least five appropriate 
and independent specialists regarding the science in this proposed rule 
and the draft PDM plan. The purpose of such review is to ensure that we 
base our decisions on scientifically sound data, assumptions, and 
analyses. We will send peer reviewers copies of this proposed rule and 
the draft PDM plan immediately following publication of the proposed 
rule in the Federal Register. We will invite peer reviewers to comment, 
during the public comment period, on the specific assumptions and 
conclusions regarding the proposed delisting rule and draft PDM plan. 
We will summarize the opinions of these reviewers in the final decision 
documents, and we will consider their input and any additional 
information we receive as part of our process of making a final 
decision on this proposal and the draft PDM plan. Such communication 
may lead to a final decision that differs from this proposal.

Clarity of This Proposed Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. To better help us 
revise the rule, your comments should be as specific as possible. For 
example, you should tell us the numbers of the sections or paragraphs 
that are unclearly written, which sections or sentences are too long, 
the sections where you feel lists or tables would be useful, etc.

[[Page 1232]]

Required Determinations

National Environmental Policy Act

    We have determined that we do not need to prepare an Environmental 
Assessment or Environmental Impact Statement, as defined in the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), in 
connection with regulations adopted pursuant to section 4(a) of the 
Endangered Species Act. We published a notice outlining our reasons for 
this determination in the Federal Register on October 25, 1983 (48 FR 
49244).

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and the Department 
of the Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis. We have determined that no 
tribal lands are affected by this proposal.

References Cited

    A complete list of references cited is available on http://www.regulations.gov under Docket Number FWS-R4-ES- 2017-0082.

Author

    The primary author of this document is Jan P. Zegarra, Caribbean 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, and Transportation.

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority:  16 U.S.C. 1361-1407; 1531-1544; and 4201-4245; 
unless otherwise noted.


Sec.  17.11  [Amended]

0
2. Amend Sec.  17.11(h) by removing the entry ``Gecko, Monito'' under 
`` Reptiles'' from the List of Endangered and Threatened Wildlife.


Sec.  17.95  [Amended]

0
3. Amend Sec.  17.95(c) by removing the entry for the ``Monito gecko 
(Sphaerodactylus micropithecus)''.

    Dated: December 1, 2017.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, Exercising the 
Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-00207 Filed 1-9-18; 8:45 am]
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                                                    New Jersey Avenue SE, Washington,                       the comment period.                                    drivers. A copy of STC’s application for
                                                    DC, between 9 a.m. and 5 p.m., ET,                                                                             exemption is available for review in the
                                                                                                            II. Legal Basis
                                                    Monday through Friday, except Federal                                                                          docket for this notice.
                                                    holidays. The on-line FDMS is available                    FMCSA has authority under 49 U.S.C.
                                                                                                                                                                     Issued on: December 29, 2017.
                                                    24 hours each day, 365 days each year.                  31136(e) and 31315 to grant exemptions
                                                                                                                                                                   Larry W. Minor,
                                                       Privacy Act: In accordance with 5                    from certain parts of the Federal Motor
                                                                                                            Carrier Safety Regulations (FMCSRs).                   Associate Administrator for Policy.
                                                    U.S.C. 553(c), DOT solicits comments
                                                                                                            FMCSA must publish a notice of each                    [FR Doc. 2018–00248 Filed 1–9–18; 8:45 am]
                                                    from the public to better inform its
                                                    rulemaking process. DOT posts these                     exemption request in the Federal                       BILLING CODE 4910–EX–P

                                                    comments, without edit, including any                   Register (49 CFR 381.315(a)). The
                                                    personal information the commenter                      Agency must provide the public an
                                                    provides, to www.regulations.gov, as                    opportunity to inspect the information                 DEPARTMENT OF THE INTERIOR
                                                    described in the system of records                      relevant to the application, including
                                                                                                            any safety analyses that have been                     Fish and Wildlife Service
                                                    notice (DOT/ALL–14 FDMS), which can
                                                    be reviewed at www.dot.gov/privacy.                     conducted. The Agency must also
                                                                                                            provide an opportunity for public                      50 CFR Part 17
                                                    FOR FURTHER INFORMATION CONTACT: For
                                                                                                            comment on the request.                                [Docket No. FWS–R4–ES–2017–0082;
                                                    information concerning this notice,                        The Agency reviews safety analyses                  FXES11130900000C2–178–FF09E42000]
                                                    contact Mr. Tom Yager, Chief, FMCSA                     and public comments submitted, and
                                                    Driver and Carrier Operations Division;                 determines whether granting the                        RIN 1018–BB76
                                                    Office of Carrier, Driver and Vehicle                   exemption would likely achieve a level
                                                    Safety Standards; Telephone: 614–942–                                                                          Endangered and Threatened Wildlife
                                                                                                            of safety equivalent to, or greater than,              and Plants; Removal of the Monito
                                                    6477. Email: MCPSD@dot.gov. If you                      the level that would be achieved by the
                                                    have questions on viewing or submitting                                                                        Gecko (Sphaerodactylus
                                                                                                            current regulation (49 CFR 381.305).                   micropithecus) From the Federal List
                                                    material to the docket, contact Docket                  The decision of the Agency must be
                                                    Services, telephone (202) 366–9826.                                                                            of Endangered and Threatened Wildlife
                                                                                                            published in the Federal Register (49
                                                    SUPPLEMENTARY INFORMATION:                              CFR 381.315(b)) with the reasons for                   AGENCY:   Fish and Wildlife Service,
                                                    I. Public Participation and Request for                 denying or granting the application and,               Interior.
                                                    Comments                                                if granted, the name of the person or                  ACTION: Proposed rule; availability of
                                                                                                            class of persons receiving the                         draft post-delisting monitoring plan.
                                                       FMCSA encourages you to participate                  exemption, and the regulatory provision
                                                    by submitting comments and related                      from which the exemption is granted.                   SUMMARY:   We, the U.S. Fish and
                                                    materials. If you submit a comment,                     The notice must also specify the                       Wildlife Service (Service), propose to
                                                    please include the docket number for                    effective period and explain the terms                 remove the Monito gecko
                                                    this notice (FMCSA–2017–0373),                          and conditions of the exemption. The                   (Sphaerodactylus micropithecus) from
                                                    indicate the specific section of this                   exemption may be renewed (49 CFR                       the Federal List of Endangered and
                                                    document to which the comment                                                                                  Threatened Wildlife due to recovery.
                                                                                                            381.300(b)).
                                                    applies, and provide a reason for                                                                              This determination is based on a
                                                    suggestions or recommendations. You                     III. Request for Exemption                             thorough review of the best available
                                                    may submit your comments and                               The hours of service (HOS) rules (49                scientific and commercial information,
                                                    material online or by fax, mail, or hand                CFR part 395) prescribe the duty-time                  which indicates that this species has
                                                    delivery, but please use only one of                    limits and rest requirements for                       recovered, and the threats to this species
                                                    these means. FMCSA recommends that                      interstate drivers of commercial motor                 have been eliminated or reduced to the
                                                    you include your name and a mailing                     vehicles (CMVs). The rules also require                point that the species no longer meets
                                                    address, an email address, or a phone                   most drivers of CMVs in interstate                     the definition of an endangered species
                                                    number in the body of your document                     commerce to use electronic logging                     or a threatened species under the
                                                    so the Agency can contact you if it has                 devices (ELDs)—not handwritten                         Endangered Species Act of 1973, as
                                                    questions regarding your submission.                    logbooks—to document their HOS duty                    amended. We seek information, data,
                                                       To submit your comments online, go                   status (49 CFR 395.8(a)(1)(i)).                        and comments from the public
                                                    to www.regulations.gov and put the                         STC is a motor carrier that uses up to              regarding this proposal to delist the
                                                    docket number, ‘‘FMCSA–2017–0373’’                      75 CMVs to transport propane fuel and                  Monito gecko, and on the draft post-
                                                    in the ‘‘Keyword’’ box, and click                       anhydrous ammonia. It has applied for                  delisting monitoring plan.
                                                    ‘‘Search.’’ When the new screen                         exemption because purchasing ELDs                      DATES: To allow us adequate time to
                                                    appears, click on ‘‘Comment Now!’’                      after two years of reduced revenue                     consider your comments on this
                                                    button and type your comment into the                   places an undue financial burden on the                proposed rule, we must receive your
                                                    text box in the following screen. Choose                company. It further states that installing             comments on or before March 12, 2018.
                                                    whether you are submitting your                         ELDs in all its CMVs is burdensome                     We must receive requests for public
                                                    comment as an individual or on behalf                   because it does not operate year-round,                hearings in writing, at the address
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    of a third party and then submit. If you                and because its operations are                         shown in FOR FURTHER INFORMATION
                                                    submit your comments by mail or hand                    dependent on the weather. It states that               CONTACT, by February 26, 2018.
                                                    delivery, submit them in an unbound                     it cannot afford to outfit CMVs with                   ADDRESSES: You may submit comments
                                                    format, no larger than 81⁄2 by 11 inches,               ELDs if they are only going to sit idle.               on this proposed rule and draft post-
                                                    suitable for copying and electronic                        STC asserts that its drivers will                   delisting monitoring plan by one of the
                                                    filing. If you submit comments by mail                  continue to employ paper logs if the                   following methods:
                                                    and would like to know that they                        exemption is granted, and that this                      • Electronically: Go to the Federal
                                                    reached the facility, please enclose a                  would achieve a level of safety                        eRulemaking Portal: http://


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                                                    1224                  Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Proposed Rules

                                                    www.regulations.gov. In the Search box,                    • Rat predation, the threat suspected               this reptile as a delisted species, and
                                                    enter the Docket Number for this                        to be the main cause of an apparent                    evidence of illegal disembarking from
                                                    proposed rule, which is FWS–R4–ES–                      population decline for the Monito gecko                boats onto the island or other illegal
                                                    2017–0082. You may submit a comment                     (factor C), was eliminated by August                   activities on Monito Island that may
                                                    by clicking on ‘‘Comment now!’’ Please                  1999 when the last rat eradication                     affect the species;
                                                    ensure that you have found the correct                  campaign was completed by the Puerto                      (3) Current or planned activities
                                                    rulemaking before submitting your                       Rico Department of Natural and                         within the geographic range of the
                                                    comment.                                                Environmental Resources (PRDNER).                      Monito gecko that may impact or benefit
                                                      • By hard copy: By U.S. mail or hand-                 From August 1999 to May 2016, no rats                  the species; and
                                                    delivery: Public Comments Processing,                   or other potential exotic predators have                  (4) The draft post-delisting monitoring
                                                    Attn: Docket No. FWS–R4–ES–2017–                        been detected on Monito Island.                        plan and the methods and approach
                                                    0082; U.S. Fish and Wildlife Service                       • The species’ apparent small                       detailed in it.
                                                    Headquarters, MS BPHC, 5275 Leesburg                    population size (factor E), noted as a                    Please note that submissions merely
                                                    Pike, Falls Church, VA 22041–3803.                      threat at the time of listing, may have                stating support for or opposition to the
                                                                                                            been an artifact of bias as surveys were               action under consideration without
                                                      We request that you send comments
                                                                                                            conducted under conditions when the                    providing supporting information,
                                                    only by the methods described above.
                                                                                                            species was not easily detectable. The                 although they will be noted, will not be
                                                    We will post all comments on http://
                                                                                                            Monito gecko is currently considered                   considered in making a determination,
                                                    www.regulations.gov. This generally
                                                                                                            abundant and widely distributed on                     as section 4(b)(1)(A) of the Act directs
                                                    means that we will post any personal                                                                           that a determination as to whether any
                                                    information you provide us (see Public                  Monito Island.
                                                                                                               • The Monito gecko and its habitat                  species is a threatened or endangered
                                                    Comments below for more information).                                                                          species must be made ‘‘solely on the
                                                                                                            have been and will continue to be
                                                      Document availability: A copy of the                  protected under Commonwealth laws                      basis of the best scientific and
                                                    draft post-delisting monitoring plan can                and regulations (factor D). These                      commercial data available.’’
                                                    be viewed at http://www.regulations.gov                 existing regulatory mechanisms are                        In issuing a final determination on
                                                    under Docket No. FWS–R4–ES–2017–                        adequate to protect the Monito gecko                   this proposed action, we will take into
                                                    0082, or at the Caribbean Ecological                    now and in the future.                                 consideration all comments and any
                                                    Services Field Office website at https://                  • There is no indication that other                 additional information we receive. Such
                                                    www.fws.gov/caribbean/es.                               potential remaining threats such as                    information may lead to a final rule that
                                                    FOR FURTHER INFORMATION CONTACT:                        natural predation significantly affect the             differs from this proposal. All comments
                                                    Edwin Muñiz, Field Supervisor, U.S.                    gecko’s survival. There are no known                   and recommendations, including names
                                                    Fish and Wildlife Service, Caribbean                    potential climate change effects (i.e., sea            and addresses, will become part of the
                                                    Ecological Services Field Office, Road                  level rise) (factor E) that negatively                 administrative record.
                                                    301, Km. 5.1, Boquerón, Puerto Rico                    affect the Monito gecko.                                  You may submit your comments and
                                                    00622; P.O. Box 491, Boquerón, Puerto                                                                         materials concerning this proposed rule
                                                                                                            Public Comments                                        by one of the methods listed in
                                                    Rico 00622; or by telephone (787) 851–
                                                    7297 or by facsimile (787) 851–7441. If                   We intend that any final action                      ADDRESSES. Before including your
                                                    you use a telecommunications device                     resulting from this proposed rule will be              address, phone number, email address,
                                                    for the deaf (TDD), please call the                     as accurate and effective as possible.                 or other personal identifying
                                                    Federal Relay Service at (800) 877–8339.                Therefore, we request data, comments,                  information in your comment, you
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            and new information from other                         should be aware that your entire
                                                                                                            concerned governmental agencies, the                   comment—including your personal
                                                    Executive Summary                                       scientific community, industry, or other               identifying information—may be made
                                                    Purpose of Regulatory Action                            interested parties concerning this                     publicly available at any time.
                                                                                                            proposed rule. The comments that will                     If you submit information via http://
                                                       The purpose of this proposed action                  be most useful and likely to influence                 www.regulations.gov, your entire
                                                    is to remove the Monito gecko from the                  our decisions are those that are                       comment—including any personal
                                                    Federal List of Endangered and                          supported by data or peer-reviewed                     identifying information—will be posted
                                                    Threatened Wildlife in title 50 of the                  studies and those that include citations               on the website. While you can ask us in
                                                    Code of Federal Regulations (50 CFR                     to, and analyses of, applicable laws and               your comment to withhold your
                                                    17.11(h)) based on its recovery.                        regulations. Please make your comments                 personal identifying information from
                                                                                                            as specific as possible and explain the                public review, we cannot guarantee that
                                                    Basis for Action
                                                                                                            basis for them. In addition, please                    we will be able to do so. Please note that
                                                      We may delist a species if the best                   include sufficient information with your               comments posted to this website are not
                                                    scientific and commercial data indicate                 comments to allow us to authenticate                   immediately viewable. When you
                                                    the species is neither a threatened                     any scientific or commercial data you                  submit a comment, the system receives
                                                    species nor an endangered species for                   reference or provide. In particular, we                it immediately. However, the comment
                                                    one or more of the following reasons: (1)               seek comments concerning the                           will not be publically viewable until we
                                                    The species is extinct; (2) the species                 following:                                             post it, which might not occur until
                                                    has recovered; or (3) the original data                   (1) Information concerning the                       several days after submission.
                                                    used at the time the species was                        biology and ecology of the Monito                         Similarly, if you mail or hand-deliver
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    classified were in error (50 CFR 424.11).               gecko;                                                 a hardcopy comment that includes
                                                    Here, we have determined that the                         (2) Relevant data concerning any                     personal identifying information, you
                                                    species may be delisted based on                        threats (or lack thereof) to the Monito                may request at the top of your document
                                                    recovery. A species may be delisted                     gecko particularly any data on the                     that we withhold this information from
                                                    based on recovery only if the best                      possible effects of climate change to this             public review, but we cannot guarantee
                                                    scientific and commercial data indicate                 reptile as it relates to its habitat type,             that we will be able to do so. To ensure
                                                    that it is no longer threatened or                      the extent of State protection and                     that the electronic docket for this
                                                    endangered.                                             management that would be provided to                   rulemaking is complete and all


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                                                                          Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Proposed Rules                                             1225

                                                    comments we receive are publicly                        Species Information                                    Monito gecko difficult (Dodd 1985, p.
                                                    available, we will post all hardcopy                                                                           2).
                                                                                                            Biology and Life History                                  The only life zone present on Monito
                                                    submissions on http://
                                                    www.regulations.gov.                                       The Monito gecko, Sphaerodactylus                   Island is subtropical dry forest (Ewel
                                                                                                            micropithecus, (Schwartz 1977, entire)                 and Whitmore 1973, p. 10). In this life
                                                      Comments and materials we receive,
                                                                                                            is a small lizard (approximately 36                    zone, the Monito gecko has been found
                                                    as well as supporting documentation                                                                            in areas characterized by loose rock
                                                    used in preparing this proposed rule                    millimeters (1.42 inches) snout-vent
                                                                                                            length) with an overall pale tan body                  sheets or small piles of rocks, exposed
                                                    will be available for public inspection in                                                                     to the sun, and with little or no
                                                                                                            and dark-brown mottling on the dorsal
                                                    two ways:                                                                                                      vegetation cover. Vegetation may or may
                                                                                                            surface. It is closely related to the
                                                      (1) You can view them on http://                      Sphaerodactylus macrolepis complex of                  not be associated with these areas. On
                                                    www.regulations.gov. In the Search                      the Puerto Rican Bank, but variation in                Monito Island, such areas include small
                                                    Documents box, enter FWS–R4–ES–                         dorsal pattern and scale counts confirm                groves of Guapira discolor (barrehorno),
                                                    2017–0082, which is the docket number                   the distinctiveness of the species;                    Pithecellobium unguis-cati (escambrón
                                                    for this rulemaking. Then, in the Search                probably resulting from a single                       colorado), or Capparis flexuosa (palo de
                                                    panel on the left side of the screen,                   invasion to Monito Island and its                      burro) where some leaf litter is present;
                                                    select the type of documents you want                   subsequent isolation (Schwartz 1977, p.                areas with loose rocks on the ground; or
                                                    to view under the Document Type                         990, Dodd and Ortiz 1984, p. 768).                     rock sheets that provide shady refuges,
                                                    heading.                                                   Little is known about the biology of                and numerous regions where large
                                                                                                            this species, including its diet,                      pieces of metal (remnant ordnance) lay
                                                      (2) You can make an appointment,                                                                             on the ground (Ortiz 1982, p. 2). Being
                                                    during normal business hours, to view                   reproduction, or potential predators. A
                                                                                                                                                                   a small, ground-dwelling lizard, the
                                                    the comments and materials in person at                 study of the diet of other more common
                                                                                                                                                                   Monito gecko, like other members of its
                                                    the U.S. Fish and Wildlife Service,                     Sphaerodactylus species in Puerto Rico
                                                                                                                                                                   genus, is usually found under rocks,
                                                    Caribbean Ecological Services Field                     found a diverse content of small
                                                                                                                                                                   logs, leaf litter (and trash) (Rivero 1998,
                                                    Office (see FOR FURTHER INFORMATION                     invertebrates, such as mites, springtails,
                                                                                                                                                                   p. 89).
                                                    CONTACT).
                                                                                                            and spiders (Thomas and Gaa Kessler
                                                                                                            1996, pp. 347–362). Out of the 18                      Population Size and Trends
                                                    Public Hearing                                          individuals counted by Dodd and Ortiz                    When the species’ Recovery Plan was
                                                                                                            (1983, p. 120), they found juveniles and               completed in 1986, only two island-
                                                       Section 4(b)(5)(E) of the Act provides               gravid females suggesting that the                     wide surveys had been completed
                                                    for one or more public hearings on this                 species is reproducing. Dodd and Ortiz                 (Dodd and Ortiz 1983, entire;
                                                    proposal, if requested. We must receive                 (1983, p. 121) suspected reproduction                  Hammerson 1984, entire), with the
                                                    requests for public hearings, in writing,               occurs from at least March through                     higher count from Dodd and Ortiz
                                                    at the address shown in FOR FURTHER                     November as suggested by the egg found                 (1983, p. 120) reporting a total of 18
                                                    INFORMATION CONTACT by the date shown                   by Campbell in May 1974, by the gravid                 geckos during a 2-day survey. During
                                                    in the DATES section of this document.                  females found by Dodd and Ortiz (1982,                 both of these surveys all geckos were
                                                    We will schedule at least one public                    p. 121) on August 1982, and the fact that              found during the day and under rocks.
                                                    hearing on this proposal, if any are                    Monito gecko eggs take 2 to 3 months                   Subsequent surveys of variable length
                                                    requested, and announce the dates,                      to hatch (Rivero 1998, p. 89). During a                and area covered detected from 0 to 13
                                                    times, and locations, as well as how to                 plot survey on May 2016, two gravid                    geckos during the day as well (PRDNER
                                                    obtain reasonable accommodations, in                    females and several juveniles were                     1993, pp. 3–4; USFWS 2016, p. 9).
                                                    the Federal Register at least 15 days                   found (USFWS 2016, p. 13). Potential                     These previous attempts to survey for
                                                    before any hearing.                                     natural predators of the Monito gecko                  the Monito gecko are considered
                                                                                                            may include the other native lizard                    underestimates, because the surveys
                                                    Previous Federal Actions                                Anolis monensis and/or the skink                       were done during the day when the
                                                       On October 15, 1982, we published a                  (Spondilurus monitae).                                 species is more difficult to detect: It
                                                    final rule in the Federal Register (47 FR                                                                      seems to be less active and mostly
                                                                                                            Distribution and Habitat
                                                    46090) listing the Monito gecko as an                                                                          hiding under rocks, debris, crevices, or
                                                    endangered species and designating the                    The Monito gecko is restricted to                    other substrates. Although geckos in the
                                                    entire island of Monito as critical                     Monito Island, an isolated island                      Sphaerodactylinae group are considered
                                                    habitat. The final rule identified the                  located in the Mona Passage, about 68                  mostly diurnal or crepuscular (Rivero,
                                                    following threats to the Monito gecko:                  km (42.3 mi) west of the island of Puerto              p. 89; Pianka and Vitt 2003, p. 185), we
                                                    Extremely small population size                         Rico, 60 km (37.3 mi) east of Hispaniola               suspect that the Monito gecko is more
                                                    coupled with suspected predation by                     and about 5 km (3.1 mi) northwest of                   active at night and thus easier to detect
                                                                                                            Mona Island (USFWS 1986, p. 2).                        during night surveys. This nocturnal
                                                    rats. On March 27, 1986, we published
                                                                                                            Monito Island is a flat plateau                        behavior was confirmed during a May
                                                    the Monito Gecko Recovery Plan
                                                                                                            surrounded by vertical cliffs rising                   2014 rapid assessment and a May 2016
                                                    (USFWS 1986, 18 pp.). The 5-year
                                                                                                            about 66 m (217 ft) with no beach, and                 systematic survey. During the May 2014
                                                    review, which was completed on
                                                                                                            considered the most inaccessible island                rapid assessment, at least one gecko was
                                                    August 8, 2016 (USFWS 2016, 25 pp.),
                                                                                                            within the Puerto Rican archipelago                    seen during each of the three nights of
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                                                    recommended delisting the species due                   (Garcı́a et al. 2002, p. 116). With an                 the trip; some encounters were
                                                    to recovery.                                            approximate area of 40 acres (c.a. 16                  opportunistic and others occurred while
                                                       For additional details on previous                   hectares) (Woodbury et al. 1977, p. 1),                actively searching for the species
                                                    Federal actions, see discussion under                   Monito Island is part of the Mona Island               (USFWS 2016, p. 9). In fact, no geckos
                                                    the Recovery section below. Also see                    Reserve, managed for conservation by                   were seen during daylight hours. Geckos
                                                    http://www.fws.gov/endangered/                          the PRDNER (no date, p. 2). The                        were seen on exposed substrates and not
                                                    species/us-species.html for the species                 remoteness and difficulty of access to                 hidden under rocks or litter, although
                                                    profile for this reptile.                               Monito Island make studying the                        some were seen within leaf litter mixed


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                                                    1226                  Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Proposed Rules

                                                    with rocks under a Ficus citrifolia tree.               being fully met. For example, one or                   Recovery Action 1: Determine the Status
                                                    Geckos were observed escaping into the                  more criteria may have been exceeded                   of the Species
                                                    cracks and solution holes of the                        while other criteria may not have been                   From 1982 to 1993, several Monito
                                                    limestone rock.                                         accomplished or become obsolete, yet                   gecko surveys were conducted (USFWS
                                                       The May 2016 systematic gecko                        the Service may judge that, overall, the               2016, p. 9). However, some of these
                                                    survey involved setting up of 40 random                 threats have been minimized                            surveys were either done before the Plan
                                                    plots on Monito Island (USFWS 2016, p.                  sufficiently, and the species is robust                was completed (USFWS 1986) or did
                                                    10). Each plot was 20 m × 20 m (400                     enough, to reclassify the species from                 not provide enough information to
                                                    m2), so that the survey covered a total                 endangered to threatened or perhaps                    answer the population objectives of the
                                                    of 16,000 m2 or approximately 11                        delist the species. In other cases,
                                                    percent of Monito Island. Four two-                                                                            Plan, and current information (see
                                                                                                            recovery opportunities may have been                   Population Size and Trends above)
                                                    person teams visited 10 plots each. Each                recognized that were not known at the
                                                    observer surveyed each plot                                                                                    suggests that surveys underestimated
                                                                                                            time the Recovery Plan was finalized.                  the number of geckos. Data from the
                                                    independently. All sites were surveyed                  These opportunities may be used
                                                    at least twice, and all took place during                                                                      2014 rapid assessment and the 2016
                                                                                                            instead of methods identified in the                   systematic plot survey show that,
                                                    the night. A total of 84 geckos was                     Recovery Plan.
                                                    observed during 96 surveys among the                                                                           overall, the Monito gecko is abundant
                                                                                                               Likewise, information on the species
                                                    40 plots, most on exposed rock. Only 8                                                                         across the whole island and numbers in
                                                                                                            may subsequently become available that
                                                    out of the 84 counted were found under                                                                         the thousands, indicating a large healthy
                                                                                                            was not known at the time the Recovery
                                                    a rock or other substrate; all others were                                                                     population, as specified in the Species
                                                                                                            Plan was finalized. The new
                                                    out during the night. Only two geckos                                                                          Information section above.
                                                                                                            information may change the extent that
                                                    were opportunistically found during the                 criteria need to be met for recognizing                Recovery Action 2: Conduct Basic
                                                    day while observers were turning rocks                  recovery of the species. Recovery of                   Ecological Studies
                                                    and dry logs.                                           species is a dynamic process requiring
                                                       Gecko occupancy and abundance was                                                                              Besides the population survey efforts,
                                                                                                            adaptive management that may, or may                   no basic ecological studies have been
                                                    estimated using a standard                              not, fully follow the guidance provided
                                                    mathematical population model                                                                                  conducted for the Monito gecko. The
                                                                                                            in a Recovery Plan.                                    Service believes that conducting
                                                    accounting for the abundance and                           The following discussion provides a
                                                    detection bias that allow individuals to                                                                       ecological studies, as described in the
                                                                                                            brief review of recovery planning and                  Plan (USFWS 1986, pp. 7–8), is not
                                                    go unseen during surveys (Island                        implementation for the Monito gecko, as
                                                    Conservation (IC) 2016, p. 5).                                                                                 crucial to further assess the species’
                                                                                                            well as an analysis of the recovery                    listing status. There is no indication that
                                                    Occupancy of the geckos on Monito                       criteria and goals as they relate to
                                                    Island was determined to be 27.8                                                                               ecological factors such as habitat
                                                                                                            evaluating the status of the taxon.                    preferences (species occurs throughout
                                                    percent (11.3–68.6 percent). The                           The Monito Gecko Recovery Plan
                                                    estimated number of geckos per plot                                                                            the island) and fluctuations in
                                                                                                            (Plan) was approved on March 27, 1986
                                                    from the best fit model was 73.3 geckos                                                                        reproductive biology or activity patterns
                                                                                                            (USFWS 1986, entire). The objective of
                                                    (Range: 1–101). The abundance model                                                                            (both unknown), are critical for the
                                                                                                            the Plan was to conduct a systematic
                                                    indicates a total of 1,112 geckos present                                                                      species’ listing status. The adjustment of
                                                                                                            status survey and ecological study of the
                                                    within the surveyed plots (95 percent                                                                          surveys from diurnal to nocturnal was a
                                                                                                            species, and to reevaluate the species’
                                                    confidence interval: 362–2,281).                                                                               key ecological (behavior) trait for
                                                                                                            status and formulate a quantitative
                                                    Extrapolated across the entire island,                                                                         researchers to consider in order to
                                                                                                            recovery level and specific recovery
                                                    Monito Island hosts approximately                                                                              obtain reliable data and provide optimal
                                                                                                            actions (USFWS 1986, p. 7). This Plan
                                                    7,661 geckos (50 percent confidence                                                                            population information. We will further
                                                                                                            is considered outdated and does not
                                                    interval: 5,344–10,590).                                                                                       discuss any possible needs of ecological
                                                                                                            contain recovery criteria that could lead
                                                                                                                                                                   evaluations in relation to post-delisting
                                                    Recovery and Recovery Plan                              to delisting the Monito gecko. However,
                                                                                                                                                                   monitoring with our partners, but we
                                                    Implementation                                          the Plan does provide recovery
                                                                                                                                                                   will likely not need detailed research on
                                                      Section 4(f) of the Act directs us to                 objectives that, when accomplished,
                                                                                                                                                                   the gecko’s ecology based on the status
                                                    develop and implement recovery plans                    would aid in developing such criteria.
                                                                                                                                                                   of threats in its native habitat on Monito
                                                    for the conservation and survival of                    No quantitative recovery level was
                                                                                                                                                                   Island.
                                                    threatened and endangered species                       defined due to the lack of data on
                                                    unless we determine that such a plan                    historical population levels, population               Recovery Action 3: Determine the
                                                    will not promote the conservation of the                trends, and apparent historical                        Extent, if Any, of Predation and
                                                    species. Recovery plans are not                         population size. The objectives were                   Competition by Rats and Native Reptiles
                                                    regulatory documents and are instead                    accomplished as follows:                                  At the time of listing, the presence of
                                                    intended to establish goals for long-term               Recovery Actions                                       rats on Monito Island was identified as
                                                    conservation of a listed species, define                  The Plan identifies five primary                     the main threat to the Monito gecko.
                                                    criteria that are designed to indicate                  recovery actions:                                      This threat was suspected to be the
                                                    when the threats facing a species have                    (1) Determine the status of the present              main cause of an apparent population
                                                    been removed or reduced to such an                      population;                                            decline for the Monito gecko, since rats
                                                    extent that the species may no longer                                                                          are predaceous and are known to feed
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                                                                                                              (2) Conduct basic ecological studies;
                                                    need the protections of the Act, and                      (3) Determine extent, if any, of                     on both lizards and lizard eggs (Dodd
                                                    provide guidance to our Federal, State,                 predation and competition by rats and                  and Ortiz 1983, 120; Case and Bolger
                                                    and other governmental and                              other native lizards (see Factor C);                   1991, pp. 273–278). However, the net
                                                    nongovernmental partners on methods                       (4) Update the Plan; and                             effect, if any, of the potential rat
                                                    to minimize threats to listed species.                    (5) Continue protection of the present               predation on the geckos is debatable.
                                                    There are many paths to accomplishing                   population.                                            For example, in comments quoted in the
                                                    recovery of a species, and recovery may                   The following discussion provides                    final listing rule (47 FR 46091, October
                                                    be achieved without all recovery criteria               specific details for each of these actions.            15, 1982), Dr. H. Campbell indicated


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                                                                          Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Proposed Rules                                             1227

                                                    that the scarcity of the Monito geckos                  (USFWS 2016, p. 7). In addition, some                  Summary of Factors Affecting the
                                                    was an artifact of the intense predation                food items (i.e., watermelon, left-over                Species
                                                    by black rats (Rattus rattus), while Dr.                canned food) were intentionally left                      Section 4 of the Act and its
                                                    A. Schwartz expressed doubts that rats                  exposed and available for rats. No signs               implementing regulations (50 CFR part
                                                    could have any effect on the gecko or its               of rats were detected on these available               424) set forth the procedures for listing,
                                                    eggs. Dodd and Ortı́z (1983, p. 121) also               sources during this 4-day/3-night trip.                reclassifying, or removing species from
                                                    explained that during their surveys,                    During surveys conducted in May 2016,                  the Federal List of Endangered and
                                                    predator pressure on the gecko could                    the Service and the PRDNER also placed                 Threatened Species. ‘‘Species’’ is
                                                    not be proven and that more studies                     80 chew blocks, two within each gecko                  defined by the Act as including any
                                                    were needed to determine if rats or                     sampling plot (USFWS 2016, p. 10). No                  species or subspecies of fish or wildlife
                                                    other predators do affect the Monito                    rats were seen or detected with the                    or plants, and any distinct vertebrate
                                                    gecko. The potential effect of rats on two              chew blocks during this 5-day/4-night                  population segment of fish or wildlife
                                                    other relatively common small geckos                    trip. This is a marked contrast from                   that interbreeds when mature (16 U.S.C.
                                                    (Sphaerodactylus monensis and                           when the species was listed in 1982,                   1532(16)). Once the species is
                                                    Sphaerodactylus levinsi) on nearby                      when rats were observed island-wide at                 determined, we then evaluate whether
                                                    Mona and Desecheo Islands                               all times during a 2-day expedition (47                that species may be an endangered
                                                    (respectively) is also unknown.                         FR 46090, October 15, 1982).                           species or a threatened species because
                                                    Nevertheless, there is ample evidence                      In short, although it cannot be
                                                    that the Monito gecko would fare better                                                                        of any of one or a combination of the
                                                                                                            ascertained when the last rat died, the                five factors described in section 4(a)(1)
                                                    without rats (Case and Bolger 1991,                     Service believes Monito Island has been
                                                    entire; Towns et al. 2006, entire; Jones                                                                       of the Act:
                                                                                                            rat free since August–September 1999.                     (A) The present or threatened
                                                    et al. 2016, entire; Thibault et al. 2017,              Thus, the main threat to the species has
                                                    entire).                                                                                                       destruction, modification, or
                                                                                                            not been present for at least the past 18              curtailment of its habitat or range;
                                                       In October 1992, the PRDNER began                    years.
                                                    a black rat eradication and survey                                                                                (B) Overutilization for commercial,
                                                                                                               Other lizards (i.e., Anolis monensis                recreational, scientific, or educational
                                                    project on Monito Island to benefit
                                                                                                            and Spondilurus monitae, formerly                      purposes;
                                                    native and endemic species on that
                                                                                                            Mabuya mabouya sloani) that naturally                     (C) Disease or predation;
                                                    Island (Garcı́a et al. 2002, p. 116). The
                                                                                                            occur on the Island may also prey on the                  (D) The inadequacy of existing
                                                    eradication campaign continued in
                                                    March 1993 with poisoning                               Monito gecko. These other species are                  regulatory mechanisms; or
                                                    (rodenticide) and snap traps to assess                  considered diurnal (active during the                     (E) Other natural or manmade factors
                                                    changes in the rat population. A second                 day), while the Monito gecko is                        affecting its continued existence.
                                                    eradication campaign started in October                 considered nocturnal (active during the                   We must consider these same five
                                                    1998, with three eradication events at 4-               night). Determining the extent of these                factors in reclassifying or delisting a
                                                    month intervals, and again using, in                    potential predator-prey interactions                   species. In other words, for species that
                                                    addition to snap traps, chew blocks (i.e.,              would be challenging. However, this                    are already listed as endangered or
                                                    soft wood pieces soaked in canola oil)                  should no longer be necessary, as the                  threatened, the analysis for a delisting
                                                    as a monitoring tool.                                   species has persisted despite potential                due to recovery must include an
                                                       Garcı́a et al. (2002, pp. 117–118)                   predatory threats.                                     evaluation of the threats that existed at
                                                    evaluated the status of the rat                         Recovery Action 4: Update Recovery                     the time of listing, the threats currently
                                                    population seven times during the first                 Plan                                                   facing the species, and the threats that
                                                    campaign and five times during the                                                                             are reasonably likely to affect the
                                                    second campaign. Since the completion                     Because of the information on threats                species in the foreseeable future
                                                    of the second eradication campaign                      and recovery progress that is provided                 following the delisting or downlisting
                                                    (August 1999), no rats have been                        in the Monito gecko 5-year review                      and the removal of the Act’s protections.
                                                    detected on Monito Island. Garcı́a et al.               (USFWS 2016) and this proposed rule,                      The following discussion examines
                                                    (2002, p. 118) concluded that in order                  we believe the Monito gecko no longer                  the factors that were believed to affect
                                                    to be certain that eradication had been                 meets the definition of an endangered or               the Monito gecko at the time of its
                                                    achieved, it was essential to continue an               threatened species. Therefore, a formal                listing, are currently affecting it, or are
                                                    appropriate rat monitoring program on                   update of the 1986 Plan is not needed.                 likely to affect the Monito gecko within
                                                    the island, and recommended using                       Recovery Action 5: Continue Protection                 the foreseeable future.
                                                    chew blocks. However, no systematic rat                 of the Present Population                              Factor A. The Present or Threatened
                                                    monitoring has been implemented on
                                                                                                               Monito Island has been protected by                 Destruction, Modification, or
                                                    the island since September 1999.
                                                                                                            the PRDNER as a nature reserve since                   Curtailment of Its Habitat or Range
                                                    Nonetheless, during a seabird blood
                                                    sampling trip in August 2000, Anderson                  1986 (PRDNER, no date, p. 2). There are                  At the time of listing (47 FR 46090,
                                                    and Steeves (2000, p. 1) reported not                   no permanent residents on Monito                       October 15, 1982), the destruction,
                                                    seeing any rats on Monito Island, as did                Island and access is allowed only under                modification, or curtailment of its
                                                    subsequent PRDNER bird survey trips in                  special permits issued by the PRDNER,                  habitat (Factor A from the Act) was not
                                                    2003.                                                   which also maintains a ranger                          considered a threat to the Monito gecko.
                                                       On May 2014, the Service organized                   detachment and biologist on nearby                     In 1940, the U.S. Government acquired
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                                                    an expedition to Monito Island with the                 Mona Island. Monito Island is also                     Monito Island, and the entire island was
                                                    PRDNER in order to confirm the                          visited by illegal immigrants. The                     used by the Air Corps/U.S. Air Force as
                                                    eradication of black rats from the island,              frequency of these events varies from                  a high-level radar bombing and gunnery
                                                    and to evaluate the status of and threats               year to year, and illegal immigrants are               range (Parsons Corp. 2010, pp. 2–5). In
                                                    to the Monito gecko. The Service and                    evacuated fairly quickly by the U.S.                   1961, Monito Island was declared
                                                    the PRDNER placed 27 snap traps and                     Coast Guard. Furthermore, the impacts                  surplus and was returned to the
                                                    70 chew blocks distributed along                        of these visitations seem to be minimal                Commonwealth of Puerto Rico in
                                                    transects covering 870 meters in length                 (see discussion below).                                September 1965 (Parsons Corp. 2010,


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                                                    1228                  Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Proposed Rules

                                                    pp. 2–5). Monito Island is managed by                   not of criminal nature. Although there is              disembark on the island and prohibited
                                                    the PRDNER for conservation as part of                  no information available on the                        because of unexploded ordinances from
                                                    the Mona Island Reserve (PRDNER, no                     frequency and damage these fires may                   the previous military activities, these
                                                    date, p. 2). The final listing rule                     be causing, based on what was                          disembarking events could increase the
                                                    indicated that there were no plans to                   documented in May 2016, the potential                  chance of invasion and establishment of
                                                    continue to use Monito Island for                       effects of such fires may also be                      rats or other exotics species. However,
                                                    bombing practices at the time, and any                  considered minimal. To date, there is no               this possibility is considered very low.
                                                    major alteration of the island could be                 indication that any potential fires have               The rat eradication campaign was
                                                    detrimental to the continued survival of                spread throughout the Island.                          completed in 1999, and 18 years later,
                                                    the Monito gecko. In fact, the large                                                                           no rats have been found.
                                                                                                            Factor B. Overutilization for                            Ortiz (1982, p. 7) included the
                                                    amount of scattered debris on Monito
                                                                                                            Commercial, Recreational, Scientific, or               endemic Monito skink Spondilurus
                                                    Island suggests significant historical
                                                                                                            Educational Purposes                                   monitae (formerly Mabuya mabouya
                                                    habitat modification from bombing
                                                    activities (USFWS 1986, p. 5).                             The final listing rule (47 FR 46091,                sloani) as a potential predator of the
                                                       A Monito Island site inspection was                  October 15, 1982) mentioned that                       Monito gecko (Factor C from the Act).
                                                    conducted in August 2009 (Parsons                       because of the rarity of the Monito                    Other species of Mabuya feed primarily
                                                    Corp. 2010, entire). A qualitative                      gecko, removal of specimens could be                   on small invertebrates, but the diversity
                                                    reconnaissance and munitions                            detrimental. At present, we are not                    of prey types in stomach contents,
                                                    constituents sampling was performed to                  aware of any individuals taken after                   including small vertebrates, indicates
                                                    confirm the range location and to                       listing for commercial, recreational,                  that some skink species (such as M.
                                                    evaluate the potential presence of                      scientific, or educational purposes                    bistriata) most likely feed on any
                                                    munitions and explosives of concern                     (Factor B from the Act). The remoteness                moving animal of the appropriate size
                                                    (Parsons Corp. 2010, p. ES–1). Although                 and difficult access of Monito Island                  (Vitt and Blackburn 1991, p. 920).
                                                    unexploded ordnance (UXO) and                           limits any collecting efforts. In addition,            Rivero (1998, p. 106) states that M.
                                                    munitions debris was found on Monito                    access is only allowed under special                   mabouya live in places where
                                                    Island, immediate munitions removal                     permits issued by the PRDNER, mostly                   Sphaerodactylus abound, and it is
                                                    actions were not warranted.                             for research, security, or management                  probable that geckos constitute an
                                                       The potential for future UXO                         purposes. Furthermore, the Monito                      important food item for this skink. In
                                                    detonation activities may have an effect                gecko’s apparent rarity may have been                  fact, during the 2016 trip, biologists
                                                    on the Monito gecko and its critical                    an artifact of sampling bias, because                  observed one adult skink active at night
                                                    habitat. Since Monito Island is a natural               surveys from 1982 to 1993 were done                    within the same exposed rock habitat
                                                    reserve, all activities must be                         during daylight hours when the species                 used by the Monito gecko (i.e., exposed
                                                    coordinated with the PRDNER. The                        is mostly hiding and the species has a                 karst rock with lots of crevices and
                                                    Service has been conducting informal                    low detection probability (see Species                 holes). It is also highly probable that
                                                    consultations with the U.S. Army Corps                  Information section).                                  another native lizard, Anolis monensis,
                                                    of Engineers in order to develop species-                                                                      will prey on the Monito gecko as well,
                                                                                                            Factor C. Disease or Predation
                                                    specific standard operating procedures                                                                         except that Anolis are considered
                                                    (SOPs) for the Monito gecko and other                      The final listing rule (47 FR 46091,                diurnal. The Monito gecko’s trait of tail
                                                    federally listed species that occur on                  October 15, 1982) indicates that the                   autotomy (tail loss) is certainly an
                                                    Monito Island. These site-specific SOPs                 presence of large numbers of introduced                effective predator defense mechanism
                                                    would be considered the appropriate                     black rats was thought to be the major                 (Pianka and Vitt 2003, p. 76). During our
                                                    conservation measures required to avoid                 factor in the precarious state of the                  May 2014 site visit, 2 out of the 8 geckos
                                                    and minimize potential adverse effects                  Monito gecko because, although                         captured for measurements were
                                                    on the species or its critical habitat.                 predation by black rats on this species                missing the tips of their tails, and
                                                    Based on the current consultation, the                  has not been confirmed, rats are                       during May 2016, only 5 geckos out of
                                                    magnitude of threat of these future U.S.                predaceous and are known to feed on                    the 84 seen had missing tail parts.
                                                    Army Corps of Engineers actions on the                  both lizards and lizard eggs (Dodd and                 Although difficult to determine, this
                                                    Monito gecko is considered minimal                      Ortiz 1983, p. 120; Case and Bolger                    suggests natural predation pressure from
                                                    and non-imminent.                                       1991, pp. 273–278) (Factor C from the                  the two other native lizard species
                                                       Monito Island receives illegal                       Act). Thus, predation by rats was                      mentioned above is low.
                                                    immigrants usually from the western                     considered a possible cause of
                                                    islands of Cuba and Hispaniola while                    population decline for the Monito gecko                Factor D. The Inadequacy of Existing
                                                    trying to enter U.S. territory. The                     (USFWS 1986, p. 5). As previously                      Regulatory Mechanisms
                                                    PRDNER has stated that illegal                          explained under the Recovery Action 3                     When the Monito gecko was listed
                                                    immigrants sometimes light fires on                     section of this proposed rule, Monito                  (1982), the species did not have any
                                                    Monito Island in order to be detected                   Island has been rat free since August–                 other statutory or regulatory protections.
                                                    and rescued. This information was                       September 1999. Thus, the main threat                  Currently, in addition to the Act,
                                                    documented during the May 2016 trip,                    to the species has not been present for                territorial laws and regulations protect
                                                    where two recent fire pits were found,                  at least the past 18 years.                            the Monito gecko (Factor D from the
                                                    along with a small pile of firewood                        Although Monito Island is currently                 Act). In 1999, the Commonwealth of
                                                    cuttings, on the south-southeast side of                rat free, there is still the possibility that          Puerto Rico enacted Law No. 241–1999,
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                                                    the island on exposed rock with no                      rats could reach the island again. Rats                known as the New Wildlife Law of
                                                    vegetation in the immediate vicinity.                   may be transferred from Mona Island by                 Puerto Rico (Nueva Ley de Vida
                                                    The presence of fire pits on Monito                     floating debris or more likely by human                Silvestre de Puerto Rico). The purpose
                                                    Island had not been documented in the                   means. In addition to illegal immigrants,              of this law is to protect, conserve, and
                                                    past. At least for the two fire pits found              as discussed above, there is limited                   enhance both native and migratory
                                                    in May 2016, their placement and                        evidence of public use of Monito Island                wildlife species; declare property of
                                                    construction demonstrates these were                    for recreational or unknown purposes.                  Puerto Rico all wildlife species within
                                                    controlled fires and their intention was                Although it is logistically difficult to               its jurisdiction; provide provisions to


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                                                                          Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Proposed Rules                                              1229

                                                    issue permits; regulate hunting                         throughout Monito Island and gecko                     foreseeable future throughout all or a
                                                    activities; and regulate exotic species,                abundance appears to number in the                     significant portion of its range.’’ On July
                                                    among other actions. In 2004, the                       thousands, indicating a large well-                    1, 2014, we published a final policy
                                                    PRDNER approved Regulation 6766—to                      represented population (IC 2016, pp. 5–                interpreting the phrase ‘‘significant
                                                    regulate the management of threatened                   6). Our post-delisting monitoring will                 portion of its range’’ (SPR) (79 FR
                                                    and endangered species in Puerto Rico                   demonstrate the continued recovery of                  37578). In our policy, we interpret the
                                                    (Reglamento 6766—Reglamento para                        this species. In general, lizard                       phrase ‘‘significant portion of its range’’
                                                    Regir el Manejo de las Especies                         populations remain fairly stable and are               in the Act’s definitions of ‘‘endangered
                                                    Vulnerables y en Peligro de Extinción en               influenced by predation and amount of                  species’’ and ‘‘threatened species’’ to
                                                    el Estado Libre Asociado de Puerto                      resources available, and predation and                 provide an independent basis for listing
                                                    Rico), including the Monito gecko,                      competition usually result in                          a species in its entirety; thus there are
                                                    which was listed as endangered. Article                 populations existing below their                       two situations (or factual bases) under
                                                    2.06 of this regulation prohibits                       carrying capacity (Pianka and Vitt 2003,               which a species would qualify for
                                                    collecting, cutting, removing, among                    p. 64). Based on the May 2014 and 2016                 listing: A species may be in danger of
                                                    other activities, listed animals within                 observations and results, there is no                  extinction or likely to become so in the
                                                    the jurisdiction of Puerto Rico. There is               indication that limited resources are                  foreseeable future throughout all of its
                                                    no evidence that either the law or the                  acting on the population to warrant                    range; or a species may be in danger of
                                                    regulation is not being adequately                      listing under the Act.                                 extinction or likely to become so
                                                    implemented.                                               Potential sea level rise (Factor A from             throughout a significant portion of its
                                                       Additionally, the PRDNER has                         the Act) as a result of climate change is              range. If a species is in danger of
                                                    managed Monito Island as a natural                      not a threat to this species or its habitat,           extinction throughout an SPR, it, the
                                                    reserve since 1986, protecting its                      because the Monito gecko is found only                 species, is an ‘‘endangered species.’’
                                                    wildlife and vegetation. Monito Island is               on Monito Island, which is 66 m (217                   The same analysis applies to
                                                    managed for conservation because it                     ft) above sea level and has no beach                   ‘‘threatened species.’’
                                                    harbors one of the largest seabird                      areas. The current rate of sea level rise                 The SPR policy is applied to all status
                                                    nesting colonies in the Caribbean, in                   in the Caribbean is 10 cm (3.9 inches)                 determinations, including analyses for
                                                    addition to other endemic and federally                 per century, with more specific sea level              the purposes of making listing,
                                                    listed species like the Higo chumbo                     rise estimates for Puerto Rico ranging                 delisting, and reclassification
                                                    cactus (Harrisia portoricensis) and the                 from 0.07 to 0.57 meters (m) (0.20 to                  determinations. The procedure for
                                                    yellow-shouldered blackbird (Agelaius                   1.87 feet) above current sea level by the              analyzing whether any portion is an
                                                    xanthomus). There are no human                          year 2060 and between 0.14 to 1.70 m                   SPR is similar, regardless of the type of
                                                    permanent residents on the island, and                  (0.40 to 5.59 feet) by the year 2110                   status determination we are making.
                                                    public access is prohibited. The best                   (Puerto Rico Climate Change Council                    The first step in our assessment of the
                                                    available information indicates that                    2013, p. 64). Hurricanes, such as the                  status of a species is to determine its
                                                    Monito Island will remain permanently                   recent Hurricanes Irma and Maria are                   status throughout all of its range.
                                                    protected as a nature reserve and                       not considered a threat to the Monito                  Depending on the status throughout all
                                                    managed for conservation.                               gecko in part because the island is 66 m               of its range, we will subsequently
                                                                                                            above sea level (Factor E from the Act).               examine whether it is necessary to
                                                    Factor E. Other Natural or Manmade
                                                                                                            The vegetation on the island is short                  determine its status throughout a
                                                    Factors Affecting Its Continued
                                                                                                            and therefore hurricane impacts are                    significant portion of its range. If we
                                                    Existence
                                                                                                            expected to be minimal. Additionally,                  determine that the species is in danger
                                                       In listing the Monito gecko, we                      the Monito gecko is under rocks most of                of extinction, or likely to become so in
                                                    considered as a factor the species’                     the time. We have no information                       the foreseeable future, throughout all of
                                                    extremely small population size (47 FR                  indicating rising temperatures will                    its range, we list the species as an
                                                    46090, October 15, 1982) (Factor E from                 impact the gecko directly or indirectly.               endangered (or threatened) species and
                                                    the Act). As previously explained in the                                                                       no SPR analysis will be required. The
                                                    Species Information and Recovery                        Proposed Determination of Species
                                                                                                                                                                   same factors apply whether we are
                                                    sections of this proposed rule, the                     Status
                                                                                                                                                                   analyzing the species’ status throughout
                                                    Monito gecko is a small and cryptic                        Under section 4(a)(1) of the Act, we                all of its range or throughout a
                                                    species and difficult to detect,                        determine whether a species is an                      significant portion of its range.
                                                    especially during the day. However, all                 endangered species or threatened
                                                    of the historical surveys documented                    species because of any one or a                        Monito Gecko—Determination of Status
                                                    (USFWS 2016, p. 9) were done during                     combination of the following: (A) The                  Throughout All of Its Range
                                                    daylight hours, when the species is                     present or threatened destruction,                        As required by section 4(a)(1) of the
                                                    apparently less active, safely hiding                   modification, or curtailment of its                    Act, we conducted a review of the status
                                                    from diurnal native reptile predators,                  habitat or range; (B) Overutilization for              of this species and assessed the five
                                                    and/or exhibiting behavioral                            commercial, recreational, scientific, or               factors to evaluate whether it is in
                                                    adaptations to avoid the hot                            educational purposes; (C) Disease or                   danger of extinction currently or likely
                                                    temperatures within its xeric dry forest                predation; (D) The inadequacy of                       to become so in the foreseeable future
                                                    environment. As discussed above (see                    existing regulatory mechanisms; or (E)                 throughout all of its range. We
                                                    Population Size and Trends), these and                  Other natural or manmade factors                       conducted a review of the status of
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                                                    other biases cause us to question the                   affecting its continued existence.                     Monito gecko and assessed the five
                                                    validity of these historical surveys. In                   The Act defines an endangered                       factors to evaluate whether Monito
                                                    contrast, as also discussed above (see                  species as any species that is ‘‘in danger             gecko is in danger of extinction, or
                                                    Population Size and Trends), the best                   of extinction throughout all or a                      likely to become so in the foreseeable
                                                    available population estimate for the                   significant portion of its range’’ and a               future, throughout all of its range. In
                                                    species, completed during the May 2016                  threatened species as any species                      considering delisting the Monito gecko,
                                                    systematic plot survey, shows that the                  ‘‘which is likely to become an                         we evaluated the range of this reptile to
                                                    Monito gecko is widely distributed                      endangered species within the                          determine if any areas could be


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                                                    1230                  Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Proposed Rules

                                                    considered a significant portion of its                    We evaluated the range of the Monito                Conclusion and Determination
                                                    range. The Monito gecko is endemic to                   gecko to determine if any area may be
                                                    Monito Island, a small island (approx.                  significant. The Monito gecko is                          The Monito gecko has demonstrated
                                                    40 acres; 16.2 hectares) off the west                   endemic to Monito Island where they                    the ability to adapt to changing
                                                    coast of Puerto Rico, and it has not been               are under formal protection and                        environmental conditions over time
                                                    introduced elsewhere. There are no                      management in the State owned nature                   from both anthropogenic and natural
                                                    landscape barriers within Monito Island                                                                        disturbances. And although there is no
                                                                                                            reserve and the only life zone present on
                                                    that might be of biological or                                                                                 genetic information available for the
                                                                                                            Monito Island is subtropical dry forest
                                                    conservation importance. The most                                                                              Monito gecko, there are no indications
                                                                                                            (Ewel and Whitmore 1973, p. 10). In this
                                                    recent survey found that the species                                                                           of a decreased fitness or that a lack of
                                                                                                            life zone, the Monito gecko has been
                                                    occurs across most of the Island. Hence,                                                                       representation is causing species
                                                                                                            found in areas characterized by loose
                                                    the basic ecological components                                                                                mortality or limiting the species’ ability
                                                                                                            rock sheets or small piles of rocks,                   to adapt. Although the Monito gecko
                                                    required for the species to complete its                exposed to the sun, and with little or no
                                                    life cycle are considered present                                                                              population is considered to have low
                                                                                                            vegetation cover. These areas include                  redundancy (i.e., one population
                                                    throughout Monito Island. We found                      small groves where some leaf litter is
                                                    that, Monito gecko populations are                                                                             endemic to Monito Island), no
                                                                                                            present; areas with loose rocks on the                 immediate risk of extirpation was
                                                    persistent with an estimate of
                                                                                                            ground; or rock sheets that provide                    identified and no other populations
                                                    approximately 7,661 geckos (50 percent
                                                                                                            shady refuges, and numerous regions                    outside of Monito Island are needed for
                                                    confidence interval: 5,344–10,590).
                                                                                                            where large pieces of metal (remnant                   its recovery. In addition, the fact that
                                                    During our analysis, we found that
                                                    impacts believed to be threats at the                   ordnance) lay on the ground. Because its               the species was found throughout the
                                                    time of listing (primarily predation by                 range is limited to Monito Island and                  Island and gecko abundance is in the
                                                    rats, factor C) are either not as                       the only life zone present on Monito                   thousands, indicates a large well-
                                                    significant as originally anticipated or                Island is subtropical dry forest, we find              represented population with
                                                    have been eliminated or reduced since                   that the species is comprised of a single,             demonstrated abilities to recover and
                                                    listing, and we do not expect any of                    contiguous population and there are no                 adapt from disturbances.
                                                    these conditions to substantially change                logical biological divisions delineating
                                                                                                                                                                      Because the Monito gecko population
                                                    post-delisting and into the foreseeable                 portions of the range. For this reason,                is considered self-sustaining, contains a
                                                    future, nor do we expect climate change                 we did not identify any portions that                  relatively large number of individuals,
                                                    to affect this species. We conclude that                may be significant because of natural or               and has demonstrated high resilience
                                                    the previously recognized impacts to the                biological divisions indicating                        and viability, we expect this population
                                                    Monito gecko no longer are a threat to                  biological or conservation importance.                 to persist into the future. The species is
                                                    the species, such that the species is no                   We also examined whether any                        considered abundant within its habitat,
                                                    longer in danger of extinction                          threats are geographically concentrated                which consists of adequate area and
                                                    throughout all of its range now or in the               in some way that would indicate the                    quality to maintain survival and
                                                    foreseeable future. In order to make this               species may be in danger of extinction,                reproduction in spite of disturbances.
                                                    conclusion, we analyzed the five threat                 or likely to become so, in a particular                Thus, the Monito gecko appears to have
                                                    factors used in making Endangered                       area. We conclude that none of them are                highly resilient population attributes
                                                    Species Act listing (and delisting)                     concentrated in any particular area of                 (e.g., habitat generalist, potential high
                                                    decisions. This analysis indicates that                 the species’ range; all factors act                    adult survival rate) that allow at least
                                                    the Monito gecko is not in danger of                    uniformly throughout its range. The                    some degree of disturbance within a
                                                    extinction throughout all of its range,                 factors affecting the Monito gecko occur               harsh xeric environment.
                                                    nor is it likely to become so in the                    at similarly low levels throughout its
                                                    foreseeable future.                                                                                               We have carefully assessed the best
                                                                                                            range and would affect all individuals of              scientific and commercial information
                                                    Monito Gecko—Determination of Status                    the population. Because the species acts               available regarding the threats faced by
                                                    Throughout a Significant Portion of Its                 as a single population, no portion is                  the Monito gecko in developing this
                                                    Range                                                   likely to have a different status or be                proposed rule. The Service finds that
                                                       Consistent with our interpretation                   differently affected by threats than any               the present or threatened destruction,
                                                    that there are two independent bases for                other portion or than that of the species              modification, or curtailment of its
                                                    listing species as described above, after               throughout all of its range. Therefore, no             habitat (factor A) is not a threat to the
                                                    examining the species’ status                           threats or their effects are sufficiently              continued existence of the Monito
                                                    throughout all of its range, we now                     concentrated to indicate the species may               gecko, and we do not expect it to be a
                                                    examine whether it is necessary to                      be in danger of extinction, or likely to               threat in the future. We also conclude
                                                    determine its status throughout a                       become so in any area of the species’                  that overutilization (factor B) and
                                                    significant portion of its range. Per our               range. We did not identify any portions                disease (factor C) are not a threat to the
                                                    final SPR policy, we must give                          where the species may be in danger of                  Monito gecko. Natural predation by
                                                    operational effect to both the                          extinction or likely to become so in the               other native lizards may occur, but this
                                                    ‘‘throughout all of its range’’ language                foreseeable future. Therefore, no                      activity is considered a low-magnitude
                                                    and the SPR phrase in the definitions of                portions warrant a detailed SPR analysis               threat because the Monito gecko has
                                                    ‘‘endangered species’’ and ‘‘threatened                 because there cannot be any portion,                   persisted despite potential predation
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                                                    species.’’ Because we determined that                   including a significant portion, of the                and there is no indication that the
                                                    Monito gecko is not in danger of                        species’ range where the species is in                 magnitude of an undetermined natural
                                                    extinction or likely to become so in the                danger of extinction or likely to become               predation pressure significantly affects
                                                    foreseeable future throughout all of its                so in the foreseeable future. For these                the gecko’s survival. No rats have been
                                                    range, we will consider whether there                   reasons, we conclude that the species is               detected on Monito Island since August
                                                    are any significant portions of its range               not in danger of extinction, or likely to              1999. Therefore, we conclude that
                                                    in which the species is in danger of                    become so, throughout a significant                    predation (factor C) is not a threat to the
                                                    extinction or likely to become so.                      portion of its range.                                  Monito gecko.


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                                                                          Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Proposed Rules                                             1231

                                                       The species’ apparent small                          ensure that the species’ status does not               concurrently with this comment period.
                                                    population size (factor E), noted at the                deteriorate, and if a decline is detected,             We anticipate finalizing this plan,
                                                    time of listing, may have been an artifact              to take measures to halt the decline so                considering all public and peer review
                                                    of bias as surveys were conducted under                 that proposing it as threatened or                     comments, prior to making a final
                                                    conditions when the species was not                     endangered is not again needed. If at                  determination on the proposed delisting
                                                    easily detectable. There are no known                   any time during the PDM period, data                   rule.
                                                    potential climate change effects (i.e., sea             indicate that protective status under the
                                                    level rise or changes in air temperature)               Act should be reinstated, we can initiate              Peer Review
                                                    (factor A) that negatively affect the                   listing procedures, including, if                        In accordance with our policy
                                                    Monito gecko. No other natural or                       appropriate, emergency listing. At the                 published in the Federal Register on
                                                    manmade factors are considered threats                  conclusion of the PDM period, we will                  July 1, 1994 (59 FR 34270), and the
                                                    (factor E). The Monito gecko and its                    review all available information to                    Office of Management and Budget’s
                                                    habitat have been and will continue to                  determine if re-listing, the continuation              Final Information Quality Bulletin for
                                                    be protected under Commonwealth laws                    of monitoring, or the termination of                   Peer Review, dated December 16, 2004,
                                                    and regulations (factor D), and these                   monitoring is appropriate.                             we will solicit the expert opinions of at
                                                    existing regulatory mechanisms are                         Section 4(g) of the Act explicitly                  least five appropriate and independent
                                                    adequate to protect the Monito gecko                    requires cooperation with the States                   specialists regarding the science in this
                                                    now and in the future. The information                  (which includes Territories such as                    proposed rule and the draft PDM plan.
                                                    indicates that this species is no longer                Puerto Rico) in development and                        The purpose of such review is to ensure
                                                    at immediate risk of extinction, nor is it              implementation of PDM programs.                        that we base our decisions on
                                                    likely to experience reemergence of                     However, we remain responsible for                     scientifically sound data, assumptions,
                                                    threats and associated population                       compliance with section 4(g) and,                      and analyses. We will send peer
                                                    declines in the future. Based on the                    therefore, must remain actively engaged                reviewers copies of this proposed rule
                                                    analysis above and after considering the                in all phases of PDM. We also seek                     and the draft PDM plan immediately
                                                    best available scientific and commercial                active participation of other entities that            following publication of the proposed
                                                    information, we conclude that the                       are expected to assume responsibilities                rule in the Federal Register. We will
                                                    Monito gecko does not currently meet                    for the species’ conservation after                    invite peer reviewers to comment,
                                                    the Act’s definition of an endangered or                delisting. In April 2017, the PRDNER                   during the public comment period, on
                                                    threatened species throughout its range.                and the Service agreed to be cooperators               the specific assumptions and
                                                    Effects of This Proposed Rule                           in the PDM for the Monito gecko.                       conclusions regarding the proposed
                                                                                                               We have prepared a Draft PDM Plan                   delisting rule and draft PDM plan. We
                                                       If this proposed rule is finalized, it               for the Monito gecko (USFWS 2017).                     will summarize the opinions of these
                                                    would revise 50 CFR 17.11(h) to remove                  The plan is designed to detect                         reviewers in the final decision
                                                    the Monito gecko from the Federal List                  significant declines in the Monito gecko               documents, and we will consider their
                                                    of Endangered and Threatened Wildlife.                  with reasonable certainty and precision,               input and any additional information
                                                    If this proposed rule is finalized, the                 and detect possible new or reoccurring                 we receive as part of our process of
                                                    prohibitions and conservation measures                  threats (i.e., presence of rats). The plan:            making a final decision on this proposal
                                                    provided by the Act would no longer                        (1) Summarizes the species’ status at               and the draft PDM plan. Such
                                                    apply to the Monito gecko. Federal                      the time of delisting;                                 communication may lead to a final
                                                    agencies would no longer be required to                    (2) Defines thresholds or triggers for              decision that differs from this proposal.
                                                    consult with us under section 7 of the                  potential monitoring outcomes and
                                                    Act to ensure that any action                           conclusions;                                           Clarity of This Proposed Rule
                                                    authorized, funded, or carried out by                      (3) Lays out frequency and duration of                 We are required by Executive Orders
                                                    them is not likely to jeopardize the                    monitoring;                                            12866 and 12988 and by the
                                                    gecko’s continued existence. The                           (4) Articulates monitoring methods
                                                                                                                                                                   Presidential Memorandum of June 1,
                                                    prohibitions under section 9(a)(1) of the               including sampling considerations;
                                                                                                                                                                   1998, to write all rules in plain
                                                    Act would no longer make it illegal for                    (5) Outlines data compilation and
                                                                                                                                                                   language. This means that each rule we
                                                    any person subject to the jurisdiction of               reporting procedures and
                                                                                                                                                                   publish must:
                                                    the United States to import or export,                  responsibilities; and
                                                                                                               (6) Proposes a PDM implementation                      (a) Be logically organized;
                                                    transport in interstate or foreign
                                                    commerce, or take, possess, sell, deliver,              schedule including timing and                             (b) Use the active voice to address
                                                    carry, transport, or ship Monito geckos.                responsible parties.                                   readers directly;
                                                    Finally, this rule would also remove the                   Concurrent with this proposed                          (c) Use clear language rather than
                                                    Federal regulations related to the                      delisting rule, we announce the draft                  jargon;
                                                    Monito gecko listing: The critical habitat              PDM plan’s availability for public                        (d) Be divided into short sections and
                                                    designation at 50 CFR 17.95(c).                         review. The plan can be viewed in its                  sentences; and
                                                                                                            entirety at http://www.fws.gov/                           (e) Use lists and tables wherever
                                                    Post-Delisting Monitoring                               caribbean/es or at http://                             possible.
                                                      Section 4(g)(1) of the Act requires us                www.regulations.gov under Docket No.                      If you feel that we have not met these
                                                    to implement a system in cooperation                    FWS–R4–ES–2017–0082. Copies can                        requirements, send us comments by one
                                                    with the States to monitor effectively for              also be obtained from the U.S. Fish and                of the methods listed in ADDRESSES. To
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                                                    not less than 5 years the status of all                 Wildlife Service, Caribbean Ecological                 better help us revise the rule, your
                                                    species that are delisted due to recovery.              Services Field Office, Boquerón, Puerto               comments should be as specific as
                                                    Post-delisting monitoring (PDM) refers                  Rico (see FOR FURTHER INFORMATION                      possible. For example, you should tell
                                                    to activities undertaken to verify that a               CONTACT). We seek information, data,                   us the numbers of the sections or
                                                    species delisted due to recovery remains                and comments from the public                           paragraphs that are unclearly written,
                                                    secure from the risk of extinction after                regarding the Monito gecko and the                     which sections or sentences are too
                                                    the protections of the Act no longer                    PDM strategy. We are also seeking peer                 long, the sections where you feel lists or
                                                    apply. The primary goal of PDM is to                    review of this draft PDM plan                          tables would be useful, etc.


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                                                    1232                  Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Proposed Rules

                                                    Required Determinations                                 recognized Federal Tribes on a                         PART 17—ENDANGERED AND
                                                                                                            government-to-government basis. We                     THREATENED WILDLIFE AND PLANTS
                                                    National Environmental Policy Act
                                                                                                            have determined that no tribal lands are
                                                      We have determined that we do not                     affected by this proposal.                             ■ 1. The authority citation for part 17
                                                    need to prepare an Environmental                        References Cited                                       continues to read as follows:
                                                    Assessment or Environmental Impact
                                                                                                              A complete list of references cited is                 Authority: 16 U.S.C. 1361–1407; 1531–
                                                    Statement, as defined in the National                                                                          1544; and 4201–4245; unless otherwise
                                                    Environmental Policy Act of 1969 (42                    available on http://www.regulations.gov
                                                                                                            under Docket Number FWS–R4–ES–                         noted.
                                                    U.S.C. 4321 et seq.), in connection with
                                                    regulations adopted pursuant to section                 2017–0082.                                             § 17.11   [Amended]
                                                    4(a) of the Endangered Species Act. We                  Author                                                 ■ 2. Amend § 17.11(h) by removing the
                                                    published a notice outlining our reasons                                                                       entry ‘‘Gecko, Monito’’ under ‘‘
                                                                                                               The primary author of this document
                                                    for this determination in the Federal                                                                          Reptiles’’ from the List of Endangered
                                                                                                            is Jan P. Zegarra, Caribbean Ecological
                                                    Register on October 25, 1983 (48 FR                                                                            and Threatened Wildlife.
                                                                                                            Services Field Office (see FOR FURTHER
                                                    49244).
                                                                                                            INFORMATION CONTACT).
                                                                                                                                                                   § 17.95   [Amended]
                                                    Government-to-Government                                List of Subjects in 50 CFR Part 17
                                                    Relationship With Tribes                                                                                       ■ 3. Amend § 17.95(c) by removing the
                                                                                                              Endangered and threatened species,                   entry for the ‘‘Monito gecko
                                                       In accordance with the President’s                   Exports, Imports, Reporting and                        (Sphaerodactylus micropithecus)’’.
                                                    memorandum of April 29, 1994,                           recordkeeping requirements, and
                                                    ‘‘Government-to-Government Relations                    Transportation.                                          Dated: December 1, 2017.
                                                    with Native American Tribal                                                                                    James W. Kurth,
                                                    Governments’’ (59 FR 22951), Executive                  Proposed Regulation Promulgation                       Deputy Director, U.S. Fish and Wildlife
                                                    Order 13175, and the Department of the                    Accordingly, we propose to amend                     Service, Exercising the Authority of the
                                                    Interior’s manual at 512 DM 2, we                       part 17, subchapter B of chapter I, title              Director, U.S. Fish and Wildlife Service.
                                                    readily acknowledge our responsibility                  50 of the Code of Federal Regulations,                 [FR Doc. 2018–00207 Filed 1–9–18; 8:45 am]
                                                    to communicate meaningfully with                        as set forth below:                                    BILLING CODE 433–15–P
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Document Created: 2018-10-26 09:34:52
Document Modified: 2018-10-26 09:34:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; availability of draft post-delisting monitoring plan.
DatesTo allow us adequate time to consider your comments on this proposed rule, we must receive your comments on or before March 12, 2018. We must receive requests for public hearings in writing, at the
ContactEdwin Mu[ntilde]iz, Field Supervisor, U.S. Fish and Wildlife Service, Caribbean Ecological Services Field Office, Road 301, Km. 5.1, Boquer[oacute]n, Puerto Rico 00622; P.O. Box 491, Boquer[oacute]n, Puerto Rico 00622; or by telephone (787) 851-7297 or by facsimile (787) 851-7441. If you use a telecommunications device for the deaf (TDD), please call the Federal Relay Service at (800) 877- 8339.
FR Citation83 FR 1223 
RIN Number1018-BB76
CFR AssociatedEndangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation

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