[Federal Register Volume 85, Number 47 (Tuesday, March 10, 2020)]
[Proposed Rules]
[Pages 13844-13856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04824]
[[Page 13844]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2019-0073; FXES11130900000-189-FF0932000]
RIN 1018-BB83
Endangered and Threatened Wildlife and Plants; Removing Lepanthes
eltoroensis From the Federal List of Endangered and Threatened Plants
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service, propose to remove
Lepanthes eltoroensis (no common name), an orchid species from Puerto
Rico, from the Federal List of Endangered and Threatened Plants (List)
(i.e., to ``delist'' the species), due to recovery. This proposed
action is based on a thorough review of the best available scientific
and commercial data, which indicates that the threats to the species
have been eliminated or reduced to the point that the species no longer
meets the definition of an endangered or threatened species under the
Endangered Species Act of 1973, as amended (Act). We also announce the
availability of a draft post-delisting monitoring (PDM) plan. We seek
information, data, and comments from the public regarding this proposal
and the draft PDM plan.
DATES: We will accept comments received or postmarked on or before May
11, 2020. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. Eastern Time on the closing date. We must receive requests for a
public hearing, in writing, at the address shown in FOR FURTHER
INFORMATION CONTACT by April 24, 2020.
ADDRESSES: Written comments: You may submit comments on this proposed
rule and the draft PDM plan by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R4-ES-2019-0073,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the Search panel on the left
side of the screen, under the Document Type heading, click on the
Proposed Rule box to locate this document. You may submit a comment by
clicking on ``Comment Now!''
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R4-ES-2019-0073, U.S. Fish and Wildlife
Service, MS: JAO/1N, 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: This proposed rule, the draft PDM plan, and
supporting documents (including the species status assessment (SSA)
report and references cited) are available at http://www.regulations.gov under Docket No. FWS-R4-ES-2019-0073 or at the
Caribbean Ecological Services Field Office website at https://www.fws.gov/southeast/caribbean/.
FOR FURTHER INFORMATION CONTACT: Edwin Mu[ntilde]iz, Field Supervisor,
U.S. Fish and Wildlife Service, Caribbean Ecological Services Field
Office. Physical address: Road 301, Km. 5.1, Boquer[oacute]n, Puerto
Rico 00622. Mailing address: P.O. Box 49, Boquer[oacute]n, Puerto Rico
00622. Telephone: (787) 851-7297. If you use a telecommunications
device for the deaf (TDD), please call the Federal Relay Service at
(800) 877- 8339 for TTY assistance 24 hours a day, 7 days a week.
SUPPLEMENTARY INFORMATION:
Information Requested
Public Comments
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. The proposed rule serves
as the notice of initiation and, if finalized, the final determination
fulfills the requirements of a 5-year review. Therefore, we request
comments or information from other concerned governmental agencies, the
scientific community, industry, or any other interested parties
concerning this proposed rule. Because we will consider all comments
and information we receive during the comment period, our final
determination may differ from this proposal. We particularly seek new
information not already included in the species status assessment
report concerning:
(1) Information concerning the biology and ecology of Lepanthes
eltoroensis;
(2) New information on the historical and current status, range,
distribution, and population size of L. eltoroensis;
(3) Relevant data concerning any threats (or lack thereof) to L.
eltoroensis, particularly any data on the possible effects of climate
to this orchid as it relates to habitat;
(4) The extent of protection and management that would be provided
by the Commonwealth of Puerto Rico to L. eltoroensis as a delisted
species;
(5) Current or planned activities within the geographic range of L.
eltoroensis that may negatively impact or benefit the species;
(6) The draft PDM plan and the methods and approach detailed in it;
and
(7) Other relevant information the public believes we have not
considered.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include. All
comments submitted electronically via http://www.regulations.gov will
be presented on the website in their entirety as submitted. For
comments submitted via hard copy, we will post your entire comment--
including your personal identifying information--on http://www.regulations.gov. You may request at the top of your document that
we withhold personal information such as your street address, phone
number, or email address from public review; however, we cannot
guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Caribbean Ecological Services Field Office (see FOR
FURTHER INFORMATION CONTACT).
Please note that submissions merely stating support for, or
opposition to, the action under consideration without providing
supporting information, although noted, will not be considered in
making a determination, as section 4(b)(1)(A) of the Act (16 U.S.C.
1531 et seq.) directs that determinations as to whether any species is
an endangered or threatened species must be made ``solely on the basis
of the best scientific and commercial data available.''
Public Hearing
Section 4(b)(5) of the Act provides for a public hearing on this
proposal, if requested. Requests must be received within 45 days after
the date of publication of this proposed rule in the Federal Register
(see DATES). Such requests must be sent to the address shown in FOR
FURTHER INFORMATION
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CONTACT. We will schedule a public hearing on this proposal, if
requested, and announce the date, time, and place of the hearing, as
well as how to obtain reasonable accommodations, in the Federal
Register and local newspapers at least 15 days before the hearing.
Peer Review
In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270), and the Service's
August 22, 2016, Director's Memo on the Peer Review Process, we sought
the expert opinions of five appropriate and independent specialists
regarding the species status assessment report for Lepanthes
eltoroensis. These peer reviewers have expertise in L. eltoroensis or
similar epiphytic orchid species' biology or habitat, or climate
change. We received comments from one of the five peer reviewers. The
purpose of peer review is to ensure that our decisions are based on
scientifically sound data, assumptions, and analyses. The peer reviewer
comments will be available along with other public comments in the
docket for this proposed rule.
Species Status Assessment Report
A team of Service biologists, in consultation with other species
experts, prepared a species status assessment (SSA) report for
Lepanthes eltoroensis. The SSA report represents a compilation of the
best scientific and commercial data available concerning the status of
the species, including the impacts of past, present, and future factors
(both negative and beneficial) affecting the species. As stated above,
we solicited independent peer review of the SSA report by five
individuals with expertise in L. eltoroensis or similar epiphytic
orchid species' biology or habitat, or climate change. The final SSA,
which supports this proposed rule, was revised, as appropriate, in
response to the comments and suggestions received from our peer
reviewers. The SSA report and other materials relating to this proposal
can be found on the Service's Southeast Region website at https://www.fws.gov/southeast/ and at http://www.regulations.gov under Docket
No. FWS-R4-ES-2019-0073.
Background
Previous Federal Actions
Lepanthes eltorensis (no common name) was originally recommended
for Federal listing by the Smithsonian Institution (Ayensu and
DeFilipps 1978). In 1980, we included the species among the plants
being considered as endangered or threatened by the Service (45 FR
82480), and subsequently included it in the annual Candidate Notice of
Review from 1983 through 1989, determining that listing L. eltorensis
was warranted but precluded by other pending listing actions of a
higher priority. We published a final rule in the Federal Register
listing L. eltoroensis as an endangered species on November 29, 1991
(56 FR 60933). On July 15, 1996, we published the L. eltoroensis
Recovery Plan (USFWS 1996). We completed a 5-year status review on
August 24, 2015 (USFWS 2015). Although the review did not recommend we
reclassify or delist this orchid, it did indicate that the species was
showing substantial improvement and a reduced level of threats.
Species Information
A thorough review of the taxonomy, life history, and ecology of
Lepanthes eltoroensis is presented in the SSA report (Service 2019,
entire), which is available at http://www.regulations.gov under Docket
No. FWS-R4-ES-2019-0073, and summarized in this proposed rule.
Species Description
Lepanthes eltoroensis is a member of a large genus of more than 800
orchid species. Approximately 118 species in this genus are from the
Caribbean and all but one are single-island endemics (Stimson 1969, p.
332; Barre and Feldmann 1991, p. 11; Tremblay and Ackerman 1993, p.
339; Luer 2014, p. 260). This species is a small, epiphytic orchid
about 1.57 inches (in.) (4 centimeters (cm)) tall and is distinguished
from other members of the genus by its obovate to oblanceolate leaves,
ciliate sepals, and the length of the inflorescence (Vivaldi et al.
1981, p. 26; Luer 2014, p. 260). The inflorescence is a long (0.03 in.;
0.75 millimeters (mm)), peduncled raceme (flower cluster with flowers
on separate short stalks) with reddish flowers. No more than two
flowers are produced at the same time, and the flowers are open on the
inflorescence for about 10 days (Mel[eacute]ndez-Ackerman and Tremblay
2017, p. 1).
Life History
For purposes of the SSA, we considered Lepanthes eltoroensis to be
a single metapopulation, the individual trees that host the L.
eltoroensis plants as subpopulations, and the host tree aggregates as
patches (USFWS 2019, p. 16). A number of characteristics (see below)
suggest that a metapopulation approach may be appropriate to understand
orchid population dynamics (see USFWS 2019, pp. 14-15) and epiphytic
species (Snall et al. 2003, p. 567; Snall et al. 2004, p. 758; Snall et
al. 2005, pp. 209-210), like L. eltoroensis. Metapopulations are
defined as a set of subpopulations with independent local dynamics
occupying discrete patches (Hanski 1999, entire; Hanski and Gaggiotti
2004, pp. 3-22), so that simultaneous extinction of all subpopulations
is unlikely.
Populations of Lepanthes orchids exhibit high variance in
reproductive potential, high variance in mean reproductive lifespan
(Tremblay 2000, pp. 264-265), and few adults per population (Tremblay
1997a, p. 95). Less than 20 percent of individuals reproduce, and most
subpopulations (60 percent of host trees) have fewer than 15
individuals. In addition, the distribution of individuals (seedling,
juvenile, and adults) varies enormously among trees and is skewed
towards few individuals per tree (Tremblay and Velazquez-Castro 2009,
p. 214). The lifespan of L. eltoroensis can reach 30 to 50 years
(Tremblay 1996, pp. 88-89, 114). However, the mean is 5.2 years, with
an average percent mortality of 10 percent per year, although this
varies greatly among life stages. Survival increases as individual
orchids reach later life stages, but fewer plants reach adulthood and
have the opportunity to contribute offspring to the next generation
(Tremblay 2000, p. 265; Rosa-Fuentes and Tremblay 2007, p. 207).
Because distribution of the species is within a protected national
forest, access to moss, dispersal ability, reproductive success, and
lifespan influence survivorship more than other potential human-induced
threats (Tremblay 2000, p. 265; Rosa-Fuentes and Tremblay 2007, p.
207).
The reproductive success of Lepanthes eltoroensis subpopulations is
highly sensitive to temporal variation in environmental conditions
(Tremblay and Hutchings 2002, entire). Further, reproductive success of
L. eltoroensis, as in most orchids, is pollinator-limited (Tremblay et
al. 2005, p. 6). This obligate cross-pollinated species (Tremblay et
al. 2006, p. 78) uses a deceptive pollination system, typically
characterized by very few reproductive events (~ less than 20 percent
chance; Tremblay et al. 2005, p. 12). Although we do not know the
pollinator for L. eltoroensis, elsewhere fungus gnats visit Lepanthes
orchids (Blanco and Barboza 2005, p. 765) and pollinate by
pseudocopulation; therefore, it is likely fungus gnats are a pollinator
for L. eltoroensis. Fungus gnats do not travel far--perhaps tens of
meters or even a few hundred meters (Ackerman 2018)--limiting pollen
dispersal for L.
[[Page 13846]]
eltoroensis. Most L. eltoroensis pollination occurs among individuals
within a host tree, resulting in high inbreeding and low genetic
variability (Tremblay and Ackerman 2001, pp. 55-58). The seeds of L.
eltoroensis are wind-dispersed and require a mycorrhizal association
for germination and survival until plants start photosynthesis
(Tremblay and Ackerman 2001, p. 55; Tremblay 2008, p. 85).
Distribution and Abundance
Lepanthes eltoroensis is endemic to El Yunque National Forest (El
Yunque), Puerto Rico. It is restricted to one general area within the
Sierra Palm, Palo Colorado, and dwarf forests of the El Toro and Trade
Winds trails (USFWS 2015, p. 5) at elevations above 2,461 feet (750
meters) (USFWS 1996, p. 2). At the time of listing, the species
consisted of an estimated 140 individual plants. Since then, surveys
have located additional individuals and subpopulations (groups of L.
etoroensis on the same host tree) resulting in a much greater estimate
of individuals than at the time of listing. Surveys for L. eltoroensis
have been infrequent, sparse, and done with varying spatial spread and
methodology, making the results difficult to compare over time (USFWS
2019, pp. 34-52). However, partial surveys conducted periodically from
2000 to 2018 have found greater numbers of L. eltoroensis (USFWS 2019,
pp. 49-50). In addition, surveys conducted between 2000 and 2005
indicated the subpopulations surveyed along El Toro Trail and Trade
Winds Trail were relatively stable over the 5-year period (USFWS 2019,
p. 39). The best available metapopulation estimate is 3,000 individual
plants (Tremblay 2008, p. 90; USFWS 2015, p. 5). Overall, data
collected for the SSA did not indicate a general pattern of population
decline, but rather natural fluctuations (USFWS 2019, p. 52).
The metapopulation estimate was made prior to Category 5 Hurricane
Maria making landfall on Puerto Rico in 2017. A post-hurricane partial
survey along the El Toro Trail was completed in 2018, and found 641
total plants, including over 300 that had not been previously
identified (Mel[eacute]ndez-Ackerman 2018, pers. comm.). We note that
this was only a partial survey; there has never been a complete census
of the entire metapopulation because most of the areas off the two main
trails (El Toro and Trade Winds) are dangerous and inaccessible.
However, the forest types Lepanthes eltoroensis is most affiliated
with--Palo Colorado, Sierra Palm, and Dwarf Forest--cover over 13,000
acres (ha) within the El Yunque (USFWS 2019, p. 8). Given the amount of
unreachable habitat that has not been surveyed, all estimates are
likely to underestimate the true abundance of the species (USFWS 2019,
p. 50). Surveys of habitat outside traditional population sites (on or
just off trails) could result in discovery of additional plants
(Tremblay 2008, p. 90; USFWS 2019, pp. 18, 50, 73). In addition, since
the time of listing, the species has faced multiple strong hurricanes
(Hugo, Georges, Hortense, Irma, and Maria), and we currently know of
more individuals than at the time of listing, indicating the species'
abundance has remained stable (with all age classes represented and in
good health) despite such events, and the species has the ability to
recover from stochastic disturbances (USFWS 2019, pp. 51-52).
Therefore, although the species and its habitat were harmed by the
recent hurricanes (namely Maria), the previous estimate of 3,000
individual plants is still our best estimate.
Habitat
Lepanthes eltoroensis occurs on moss-covered trunks (i.e., host
trees) within upper elevation cloud forests in the Sierra Palm, Palo
Colorado, and Dwarf Forest associations of El Yunque (Luer 2014, p.
260; Ewel and Whitmore 1973, pp. 41-49), where humidity ranges from 90
to 100 percent, and cloud cover is continuous, particularly during the
evening hours (55 FR 41248; October 10, 1990). Important habitat
components seem to be elevation, adequate temperature and moisture
regimes, open/semi-open gaps in the canopy, and presence of moss.
Regulatory and Analytical Framework
Regulatory Framework
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations (50 CFR part 424) set forth the procedures for determining
whether a species is an ``endangered species'' or a ``threatened
species.'' The Act defines an endangered species as a species that is
``in danger of extinction throughout all or a significant portion of
its range,'' and a threatened species as a species that is ``likely to
become an endangered species within the foreseeable future throughout
all or a significant portion of its range.'' The Act requires that we
determine whether any species is an ``endangered species'' or a
``threatened species'' because of any of the following factors:
(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.
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects.
We use the term ``threat'' to refer in general to actions or
conditions that are known to or are reasonably likely to negatively
affect individuals of a species. The term ``threat'' includes actions
or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition or the action or condition itself.
However, the mere identification of any threat(s) does not
necessarily mean that the species meets the statutory definition of an
``endangered species'' or a ``threatened species.'' In determining
whether a species meets either definition, we must evaluate all
identified threats by considering the expected response by the species,
and the effects of the threats--in light of those actions and
conditions that will ameliorate the threats--on an individual,
population, and species level. We evaluate each threat and its expected
effects on the species, then analyze the cumulative effect of all of
the threats on the species as a whole. We also consider the cumulative
effect of the threats in light of those actions and conditions that
will have positive effects on the species--such as any existing
regulatory mechanisms or conservation efforts. The Secretary determines
whether the species meets the definition of an ``endangered species''
or a ``threatened species'' only after conducting this cumulative
analysis and describing the expected effect on the species now and in
the foreseeable future.
The Act does not define the term ``foreseeable future,'' which
appears in the statutory definition of ``threatened species.'' Our
implementing regulations at 50 CFR 424.11(d) set forth a framework for
evaluating the foreseeable
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future on a case-by-case basis. The term foreseeable future extends
only so far into the future as the Services can reasonably determine
that both the future threats and the species' responses to those
threats are likely. In other words, the foreseeable future is the
period of time in which we can make reliable predictions. ``Reliable''
does not mean ``certain''; it means sufficient to provide a reasonable
degree of confidence in the prediction. Thus, a prediction is reliable
if it is reasonable to depend on it when making decisions.
It is not always possible or necessary to define foreseeable future
as a particular number of years. Analysis of the foreseeable future
uses the best scientific and commercial data available and should
consider the timeframes applicable to the relevant threats and to the
species' likely responses to those threats in view of its life-history
characteristics. Data that are typically relevant to assessing the
species' biological response include species-specific factors such as
lifespan, reproductive rates or productivity, certain behaviors, and
other demographic factors.
Analytical Framework
We completed a comprehensive assessment of the biological status of
Lepanthes eltoroensis and prepared a report of the assessment (SSA
report), which provides a thorough account of the species' overall
viability using conservation biology principles of resiliency,
redundancy, and representation (collectively, the ``3Rs''). We define
viability here as the ability of the species to persist over the long
term and, conversely, to avoid extinction. We have used the SSA
report's assessment of L. eltoroensis' current and potential future
conditions, based on the factors influencing the species and framed in
the context of the 3Rs, to inform our understanding of risk to the
species and our determination whether L. eltoroensis continues to meet
the definition of an endangered species, whether it meets the
definition of a threatened species, or whether it does not meet the
definition of either an endangered species or a threatened species (see
Determination, below). In this discussion, we summarize the conclusions
of that assessment, which can be accessed at http://www.regulations.gov
under Docket No. FWS-R4-ES-2019-0073.
Lepanthes eltoroensis was listed as an endangered species in 1991,
due to its rarity (Factor E), its restricted distribution (Factor E),
forest management practices (Factor A), impacts from hurricane damage
(Factor E), and collection (Factor B) (56 FR 60933, November 29, 1991,
p. 56 FR 60935). The most important factor affecting L. eltoroensis at
that time was its limited distribution. Additionally, its rarity made
the species vulnerable to impacts from hurricanes, such as unfavorable
microclimatic conditions resulting from numerous canopy gaps. Because
so few individuals were known to occur, the risk of extinction was
considered to be extremely high (56 FR 60933, November 29, 1991, p. 56
FR 60935).
Summary of Biological Status and Threats
In this section, we review the biological condition of the species
and its resources, and the influence to assess the species' overall
viability and the risks to that viability.
Risk Factors for Lepanthes eltoroensis
Forest Management Practices
At the time of listing (1991), El Yunque management practices such
as establishment and maintenance of plantations, selective cutting,
trail maintenance, and shelter construction were considered threats to
Lepanthes eltoroensis (56 FR 60933, November 29, 1991, p. 56 FR 60935).
The Recovery Plan further indicated that destruction and modification
of habitat might be the most significant factors affecting the number
of individuals and distribution of the species (USFWS 1996, p. 5).
Since the species was listed, several laws have been enacted that
provide protections to this species. In 1999, Commonwealth Law No. 241
(New Wildlife Law of Puerto Rico or Nueva Ley de Vida Silvestre de
Puerto Rico) was enacted to protect, conserve, and enhance native and
migratory wildlife species. This law requires authorization from the
Puerto Rico Department of Natural and Environmental Resources (PRDNER)
Secretary for any action that may affect the habitat of any species.
Furthermore, part of El Yunque (including the habitat where Lepanthes
eltoroensis is currently known to occur) was congressionally designated
as the El Toro Wilderness in 2005, to preserve its natural conditions,
including species like L. eltoroensis, inhabiting the area (Caribbean
National Forest Act of 2005 (Pub. L. 109-118); the Wilderness Act (16
U.S.C. 1131 et seq.); U.S. Forest Service (USFS) 2016, p. 32). The El
Toro Wilderness consists of undeveloped USFS lands and is managed to
preserve its natural conditions without any permanent improvements or
human habitation (USFS 2016, p. 32). All known populations of L.
eltoroensis occur within this wilderness area.
Scientists who have conducted research on Lepanthes eltoroensis do
not consider destruction, curtailment, or modification of this species'
habitat to be a factor threatening this species (Ackerman 2007, pers.
comm.). In 2019, the USFS finalized a revised land and resources
management plan to guide the general direction of El Yunque for the
next 15 years. This plan specifically includes a set of standards and
guidelines to protect the natural resources within the El Toro
Wilderness, including listed species. Standards specific to the El Toro
Wilderness include no salvaging of timber, no issuing permits for
collection of plants or plant material unless for a scientific purpose,
no new special-use permits for facilities or occupancy, managing
recreation to minimize the number of people on the trails, and no
construction of new trails (USFS 2019, pp. 1, 32-35). Standards and
guidelines for at-risk (including listed) species detailed in the plan
include not allowing collection of orchids unless approved for
scientific purposes and making sure forest management activities are
consistent with recovery plans (USFS 2019, p. 62). Implementation of
management practices in El Yunque has also improved; there is no
selective cutting, and maintenance is minimal as both El Toro and Trade
Winds trails receive few visitors. Mostly researchers and forest
personnel use El Toro and Trade Winds trails; therefore, few human
encounters are expected (USFS 2016, p. 32). Additionally, the USFS
coordinates with the Service to avoid or minimize impacts to a number
of other federally listed species (e.g., Elfin-woods warbler, Ilex
sintenisii) that co-occur within the same areas a L. eltoroensis as
part of their management practices in accordance with section 7 of the
Act.
There is no evidence suggesting current forest management practices
are negatively affecting the species or its specialized habitat
(adequate temperature and moisture regimes, and presence of moss)
(USFWS 2019, p. 24). Furthermore, based on existing laws, we expect El
Yunque will remain permanently protected as a nature reserve and be
managed for conservation. Therefore, we no longer consider forest
management practices or destruction and modification of habitat to be
threats to the species.
Hurricanes
The extremely restricted distribution of Lepanthes eltoroensis
makes it particularly vulnerable to large-scale
[[Page 13848]]
disturbances, such as hurricanes and tropical storms, which frequently
affect islands of the Caribbean (NOAA 2018, unpaginated). Due to its
geographic location, hurricanes are more frequent in the northeastern
quadrant of Puerto Rico, where El Yunque is located (White et al. 2014,
p. 30). Current global climate models are rather poor in simulating
tropical cyclones; however, the Intergovernmental Panel on Climate
Change's climate simulations suggest that the Caribbean will experience
a decrease in tropical cyclone frequency, but an increase in the
frequency of the most intense events (PRCC 2013, p. 10; USFWS 2019, p.
56).
Cloud forests, where this species occurs, are much taller than
other vegetation and are higher in elevation, making them more exposed
and more easily affected by high winds and in need of more time to
recover post-disturbance (Hu and Smith 2018, p. 827). Heavy rains and
winds associated with tropical storms and hurricanes cause tree
defoliation, habitat modification due to falling of trees, and
landslides (Lugo 2008, p. 368). Surveys conducted along El Toro Trail
following Hurricane Maria in 2018 focused on assessing the impacts to
the species and its host trees (subpopulations). Nineteen host trees
were not found and assumed to be lost due to the hurricane. An
additional nine host trees were found knocked down. In total, 641
plants, including seedlings, juveniles, and reproductive and non-
reproductive adults, were found; 322 were found on previously marked
host trees (including 191 individuals on those host trees that were
knocked to the ground), and 319 were new individuals not previously
surveyed (Melendez-Ackerman 2018, pers. comm.). Given that Lepanthes
eltoroensis does not persist on felled or dead trees (Ben[iacute]tez
and Tremblay 2003, pp. 67-69), we assume many of these 191 individuals
(approximately 30 percent of individuals found) will not survive,
resulting in the loss of those individuals from the metapopulation.
However, based on previous efforts, we know individual plants can be
moved to new host trees and do quite well, highlighting the feasibility
of relocation to increase the species' long-term viability in the
context of severe hurricanes such as Hurricane Maria. University of
Puerto Rico researchers translocated some of these 191 individuals, but
because the translocations occurred months after the hurricane, we do
not expect survival to be as high as if it had occurred immediately
after the hurricane. Furthermore, this species has persisted from past
hurricane events without active management of translocating species
from felled host trees.
In addition, associated microclimate changes resulting from downed
trees and landslides after severe storms (e.g., increased light
exposure, reduction in relative humidity) may negatively affect the
growth rate of Lepanthes eltoroensis populations (Tremblay 2008, pp.
89-90). Following Hurricane Georges in 1998, non-transplanted
populations of L. eltoroensis had negative growth rates, while groups
of plants that were transplanted to better habitats within the forest
had positive growth rates (Benitez-Joubert and Tremblay 2003, pp. 67-
69). Furthermore, based on data on related species, L. eltoroensis
growth rates may be negatively affected by excess light from gaps
caused by felled trees during hurricanes (Fernandez et al. 2003, p.
76).
The inherently low redundancy (the ability of a species to
withstand catastrophic events) of Lepanthes eltoroensis due to its
limited range makes hurricanes and tropical storms a primary risk
factor. However, given the observed stable trend from past surveys and
recent partial surveys in 2018 (USFWS 2019, pp. 39, 45-48), it appears
that the species has the ability to recover from normal stochastic
disturbances (USFWS 2019, pp. 51-52). Additionally, relocation has
proven to be a viable conservation strategy for this species
(Ben[iacute]tez and Tremblay 2003, pp. 67-69). Relocating plants from
fallen trees to standing trees following hurricane events results in
higher survival of those transplanted individuals. This management
strategy can improve and maximize species' survival and reproductive
success after hurricane events (Ben[iacute]tez and Tremblay 2003, pp.
67-69; Tremblay 2008, pp. 83-90). Following this recommendation, after
Hurricane Maria, researchers from the University of Puerto Rico
translocated some L. eltoroensis individuals along the El Toro trail.
These individuals are currently being monitored to assess survival. In
addition, since L. elotoroensis is part of the USDA Forest Service's
``Plant Species of Conservation Interest of El Yunque'' (USFS 2018, p.
37) and is included in the 2016 revised Land and Resource Management
Plan that details a management concept focused on conservation,
particularly to protect unique ecological resources (USFS 2016, p.1),
the USFS will continue to implement conservation actions, such as
habitat protection, enhancement, and relocation of L. eltoroensis
individuals following hurricanes as deemed necessary.
Collection
Collection for commercial or recreational purposes eliminated one
population of Lepanthes eltoroensis prior to listing under the Act (56
FR 60933; November 29, 1991). The rarity of the species made the loss
of even a few individuals a critical loss to the species as a whole.
The USFS regulations in title 36 of the Code of Federal Regulations
at part 261, section 261.9 (36 CFR 261.9) prohibit collection of listed
plant species in wilderness areas. Additionally, since the species was
listed under the Act in 1991, other laws have been enacted that provide
protections to the species from collection or removal. Commonwealth Law
No. 241 (New Wildlife Law of Puerto Rico or Nueva Ley de Vida Silvestre
de Puerto Rico), enacted in 1999, protects, conserves, and enhances
native and migratory wildlife species. Specifically, Article 5 of this
law prohibits collection and hunting of wildlife species, including
plants within the jurisdiction of Puerto Rico without a permit from the
PRDNER Secretary. In 2004, Lepanthes eltoroensis was included in the
list of protected species of Regulation 6766 (Reglamento 6766 para
Regir el Manejo de las Especies Vulnerables y en Peligro de
Extinci[oacute]n en el Estado Libre Asociado de Puerto Rico), which
governs the management of endangered and threatened species within the
Commonwealth of Puerto Rico. Article 2.06 of this regulation prohibits
collecting, cutting, and removing, among other activities, listed plant
individuals within the jurisdiction of Puerto Rico. L. eltoroensis will
likely remain protected under Commonwealth laws and regulations even
after it is delisted from the ESA. Commonwealth Regulation 6766
provides protection to species that are not federally listed or that
have been removed from the ESA, and the species will remain protected
under the Wilderness provisions from the 2016 revised Land and Resource
Management Plan for El Yunque (USFS 2016, entire). According to this
plan, any influences by humans on the natural process that take place
in the wilderness area will be to protect threatened and endangered
species in addition to human life (USFS 2016, p. 33). As such, the
standards of the plan include conducting wildlife and plant habitat/
population surveys and monitoring in a manner compatible with the goals
and objectives of wilderness (USFS 2016, p. 34). Additional protection
measures include not issuing forest product permits for collection of
plants or plant material in wilderness areas (unless for scientific and
[[Page 13849]]
educational purposes and approved by the forest biologist/ecologist),
and management strategies to design, construct, and maintain trails to
the appropriate trail standard in order to meet wilderness standards
protections (USFS 2016, p. 34).
Despite the one documented instance of collection, the threat of
collection is low, given that few people venture into the El Toro
Wilderness (Tremblay 2007, pers. comm.) and that the small size (less
than 2 in. (4 cm) tall) and inconspicuousness of this species makes it
easy to overlook (Ackerman 2007, pers. comm.; Tremblay 2007, pers.
comm.). Additionally, this species is not used for commercial or
recreational purposes and is not considered to have ornamental value
(USFWS 2015, p. 8). Thus, there is no evidence that collection is
currently impacting Lepanthes eltoroensis (USFWS 2019, p. 24) or likely
to do so in the future.
Small Population Size and Low Reproduction
The smaller the population, the greater the probability that
fluctuations in population size from stochastic variation (e.g.,
reproduction and mortality) will lead to extirpation. There are also
genetic concerns with small populations, including reduced availability
of compatible mates, genetic drift, and inbreeding depression. Small
subpopulations of Lepanthes eltoroensis are particularly vulnerable to
stochastic events, thus contributing to lower species' viability (USFWS
2019, p. 24).
Lepanthes eltoroensis may experience declining growth related to
the distribution of individuals among host trees and demographic
processes (e.g., reproductive success, survival), which can be
negatively influenced by environmental and catastrophic risks (USFWS
2019, p. 25). Fruit production is limited; therefore, opportunities for
establishment are limited. Less than 20 percent of individuals
reproduce, and most subpopulations (60 percent of host trees) have
fewer than 15 individuals. In addition, the distribution of individuals
(seedling, juvenile, and adults) varies enormously among trees and is
skewed towards few individuals per tree (Tremblay and Velazquez-Castro
2009, p. 214). Despite small subpopulations of L. eltoroensis with
limited distribution and naturally limited fruit production, this
species has continued to persist even after regular exposure to
disturbances. In addition, we now estimate the species population to be
3,000 individuals, which is a significant increase from the 140
individuals known at the time of listing. Therefore, the species'
vulnerability to extinction is reduced.
Genetic Risks
The main genetic risk factor for the species is low genetic
variability. The effective population size (number of individuals in a
population who contribute offspring to the next generation) ranges from
3 to 9 percent of the standing population (number of individuals in a
population) (Tremblay and Ackerman 2001, entire). In other words, for
every 100 adults, maybe 9 will transfer genes to the next generation.
In addition, although Lepanthes eltoroensis can survive for up to 50
years, most seedlings and juveniles die (Tremblay 2000, p. 264).
Therefore, very few individuals are responsible for the majority of
seed production, decreasing the genetic diversity as a whole in
subpopulations (Mel[eacute]ndez-Ackerman and Tremblay 2017, pp. 5-6).
There is evidence for low gene flow in the species. Estimated gene
flow in Lepanthes eltoroensis is less than two effective migrants per
generation (the effective generation of the orchid) (Tremblay and
Ackerman 2001, p. 54). This implies that most mating is among
individuals within a host tree, potentially resulting in high
inbreeding, low genetic variability, and inbreeding depression
(Tremblay and Ackerman 2001, pp. 55-58). Low genetic diversity may be
reflected in reduced genetic and environmental plasticity, and thus,
low ability to adapt to environmental changes. If there are high rates
of inbreeding, this could lead to inbreeding depression, and could have
profound long-term negative impacts to the viability of the species
(USFWS 2019, pp. 28-29). However, the species is likely an obligate
cross-pollinated species (Tremblay et al. 2006, p. 78), which is a
mechanism to reduce inbreeding. Additionally, this species has
demonstrated the ability to adapt to changing environmental conditions
(i.e., natural disturbances) over time (USFWS 2019, p. 54).
Effects of Climate Change
The average temperatures at El Yunque have increased over the past
30 years (Jennings et al. 2014, p. 4; Khalyani et al. 2016, p. 277).
Climate projections indicate a 4.6 to 9 degrees Celsius ([deg]C) (8.2
to 16.2 degrees Fahrenheit ([deg]F)) temperature increase for Puerto
Rico from 1960-2099 (Khalyani et al. 2016, p. 275). Additionally,
projections indicate a decrease in precipitation and acceleration of
the hydrological cycles resulting in wet and dry extremes (Jennings et
al. 2014, p. 4; Cashman et al. 2010, pp. 52-54). In one downscaled
model, precipitation is projected to decrease faster in wetter regions
like the Luquillo Mountains, where El Yunque is located, and the
central mountains of Puerto Rico (Khalyani et al. 2016, p. 274). In
contrast, ongoing research suggests higher elevations may have a
buffering effect on declining trends in precipitation (Bowden 2018,
pers. comm.; USFWS 2019, pp.65-66). Downscaled modeling for Puerto Rico
was based on three Intergovernmental Panel on Climate Change global
emissions scenarios from the CMIP3 data set: mid-high (A2), mid-low
(A1B), and low (B2) (Khalyani et al. 2016, p. 267). Under all of these
scenarios, emissions increase, precipitation declines, temperature and
total dry days increase, and subtropical rain and wet forests are lost,
while all wet and moist forest types decrease in Puerto Rico; the
differences in the scenarios depends on the extent of these changes and
the timing of when they are predicted to occur (USFWS 2019, p.67).
The most important potential risk to Lepanthes eltoroensis is the
projected shift of the life zones of Puerto Rico from humid to drier.
This includes changes in relative area and distribution pattern of the
life zones, and the disappearance of humid life zones (Khalyani et al.
2016, p. 275). Decreased rainfall in northeastern Puerto Rico (i.e., El
Yunque) can cause migration, distribution changes, and potential
extirpation of many species that depend on the unique environmental
conditions of the rain forest (Weaver and Gould 2013, p. 62). These
projections may have direct implications for L. eltoroensis because the
acreage of the lower montane wet forest life zone it occupies could
decrease, resulting in less habitat available for the species.
Epiphytes like L. eltoroensis could experience moisture stress due to
higher temperatures and less cloud cover with a rising cloud base,
affecting their growth and flowering (Nadkarni and Solano 2002, p.
584). Due to its specialized ecological requirements and restricted
distributions within the dwarf forest, L. eltoroensis could be more
adversely impacted by the effects of climate change than other species
with wider distribution (e.g., lower elevation species) and greater
plasticity, thus, reducing its viability. Predictions of life zone
changes are not expected to affect resiliency of L. eltoroensis until
after mid-century, and predictions out to 2100 vary in severity of
impact (USFWS 2019, p.69).
Another potential risk to Lepanthes eltoroensis is the increase in
[[Page 13850]]
catastrophic hurricanes resulting from climate change. The persistence
of L. eltoroensis through repeated past hurricanes and other storms
suggests it has the ability to recover and adapt from disturbances, and
relocation of individuals from blown-down host trees further
accelerates the recovery of the species post-hurricane (USFWS 2019, p.
73). In fact, ongoing monitoring show an initial positive population
growth rate of L. eltoroensis despite the loss of host trees following
hurricane Mar[iacute]a (Melendez-Ackerman 2019, pers. comm.).
Overall we anticipate the range of Lepanthes eltoroensis to
contract due to changes in climatic variables leading to loss of wet
and tropical montane habitats, potentially exacerbated by an increase
in the frequency and severity of hurricanes by the end of the century
(2100). However, surveys outside of the areas where the species is
traditionally searched, along with an associated habitat model, would
help better predict the future viability of L. eltoroensis (USFWS 2019,
p. 73). Although changes to precipitation and drought, temperature, and
life zones are expected to occur on Puerto Rico, over the next 20 to 30
years they are not predicted to be substantial. Modeling shows dramatic
changes to Puerto Rico through 2100, the divergence in these
projections increases dramatically after mid-century, making
projections beyond 20 to 30 years more uncertain (Khalyani et al. 2016,
p. 275). Moreover, L. eltoroensis is found in a protected area where
synergistically damaging forest management practices are unlikely to
occur, and there is the requirement for implementation of conservation
management practices to mitigate negative impacts such as those caused
by hurricanes.
Summary of Current Condition
Viability is defined as the ability of the species to sustain
populations in the wild over time. To assess the viability of Lepanthes
eltoroensis, we used the three conservation biology principles of
resiliency, representation, and redundancy (Shaffer and Stein 2000, pp.
306-310). Briefly, resiliency supports the ability of the species to
withstand environmental and demographic stochasticity (for example, wet
or dry, warm or cold years); representation supports the ability of the
species to adapt over time to long-term changes in the environment (for
example, climate changes); and redundancy supports the ability of the
species to withstand catastrophic events (for example, droughts,
hurricanes). In general, the more redundant and resilient a species is
and the more representation it has, the more likely it is to sustain
populations over time, even under changing environmental conditions.
Resiliency
Factors that influence the resiliency of Lepanthes eltoroensis
include abundance and growth trends within host trees, and habitat
factors such as elevation, slope, aspect, precipitation, temperature,
canopy cover, and presence of moss, mycorrhizal fungi, and pollinators.
Influencing those factors are elements of L. eltoroensis' ecology that
determine whether populations can grow to maximize habitat occupancy,
thereby increasing resiliency. Stochastic factors that have the
potential to affect L. eltoroensis include impacts to its habitat from
hurricanes and effects of climate change (i.e., changes in temperature
and precipitation regimes). Beneficial factors that influence
resiliency include the protected status of the species' habitat, as the
known range of the species is entirely within the El Toro Wilderness
and therefore protected from human-induced habitat loss and collection.
The best available surveys of Lepanthes eltoroensis found that the
number of individuals is greater than at the time of listing (Tremblay
2008, p. 90), approximately 3,000 individual plants. The distribution
of L. eltoroensis has not been investigated outside of traditional
areas (i.e., just off El Toro and Trade Wind Trails); however, some
researchers suggest that additional populations may occur within
suitable habitat outside El Toro Trail. In fact, additional individuals
have been found near, but outside El Toro Trail (Tremblay 2008, p. 90).
Assuming a metapopulation size of 3,000 individuals, and observed
stable subpopulations from past surveys (including recent partial
surveys in 2018), this suggests the species has the ability to recover
from normal stochastic disturbances; thus, we consider the species to
be moderately resilient.
Representation
We lack genetic and ecological diversity data to characterize
representation for Lepanthes eltoroensis. In the absence of species-
specific genetic and ecological diversity information, we typically
evaluate representation based on the extent and variability of habitat
characteristics across the geographical range. Because the species does
not appear to have much physiological flexibility, given that it has a
rather restricted distribution (cloud forests on ridges),
representative units were not delineated for this species. Available
data suggest that conditions are present for genetic drift and
inbreeding (Tremblay 1997a, p. 92). However, the effect of a genetic
drift on the species into the future is uncertain, and the most updated
L. eltoroensis information shows that the species has the ability to
adapt to changing environmental conditions (i.e., natural disturbances)
over time. Furthermore, some of the factors that we concluded would
reduce representation at the time of listing, such as habitat
destruction and collection, are no longer acting as stressors upon the
species. Finally, because the population is significantly larger than
was known at the time of listing, representation has improved.
Redundancy
Redundancy for Lepanthes eltoroensis is the total number and
resilience of subpopulations and their distribution across the species'
range. This species is endemic to El Yunque, and it has not been
introduced elsewhere. Despite the presence of multiple subpopulations
(i.e., host trees), these subpopulations are located within a narrow/
restricted range at El Toro Wilderness Area and are all exposed to
similar specific habitat and environmental conditions. Population
surveys by Mel[eacute]ndez-Ackerman et al. (2018) accounted for at
least 61 host trees or subpopulations prior to hurricane Maria. Of
these, Mel[eacute]ndez-Ackerman et al. (2018) were not able to locate
19 host trees following the hurricane, and studies are ongoing to
determine the species response from the disturbance. Although
redundancy is inherently low due to the narrow range the species
inhabits, it has persisted despite past natural disturbances (i.e.,
hurricanes, tropical storms, etc.), and is considered more abundant
within its habitat than previously documented.
Projected Future Status
Lepanthes eltoroensis only occurs within the protected El Yunque
lands where stressors--including forest management practices, urban
development surrounding El Yunque, and overcollection--are not expected
to be present or are expected to remain relatively stable and unlikely
to affect the species in the future. Because L. eltoroensis occurs on
protected lands managed by the USFS, it will benefit from their ongoing
conservation practices, which include the relocation of plants from
fallen host trees after a hurricane as deemed necessary, to alleviate
the negative impacts of these storm events. The effect of genetic drift
on the species into the future is uncertain, but L. eltoroensis has
thus far
[[Page 13851]]
demonstrated the ability to adapt to changing environmental conditions
(i.e., natural disturbances) over time (USFWS 2019, pp. 51-52). The
primary stressor affecting the future condition of L. eltoroensis is
current and ongoing climate change stressors (Mel[eacute]ndez-Ackerman
and Tremblay 2017, p. 1) and the associated shifts in rainfall,
temperature, and storm intensities. These stressors account for
indirect and direct effects at some level to all life stages and across
the species' range.
All of these climate change stressors are predicted to result in
shifts in the distribution of life zones present on Puerto Rico, with
some of the most dramatic impacts predicted to occur in the latter half
of the century in the tropical and subtropical wet forests in which the
species resides (USFWS 2019, p. 57). Key life-history factors that make
this species vulnerable to climate change stressors are its restricted
range within the tropical and subtropical wet forests within El Yunque
and low subpopulation sizes (USFWS 2015, pp. 7-10). Given the
relatively low genetic and environmental plasticity of the species, it
potentially does not have the capacity to adapt to these predicted
conditions (USFWS 2019, p. 52).
To examine the potential future condition of Lepanthes eltoroensis,
we used three future scenarios based on climate change predictions for
Puerto Rico (Khalyani et al. 2016, entire), which used global emission
scenarios (mid-high (A2), mid-low (A1B), and low (B1) (Nakicenovic and
Swart 2000, entire)) to capture a range of possible scenarios. Our
assessment of future viability includes qualitative descriptions of the
likely impacts of climate change under the above three scenarios from
the literature, and is intended to capture the uncertainty in the
species' response to climate stressors, and the lack of information on
abundance and growth rates.
Climate Change Predictions
Projections out to the year 2100 predict increases in temperature
and decreases in precipitation, particularly in wetter regions like El
Yunque (Khalyani et al. 2016, pp. 274-275). However, divergence in
temperature and precipitation projections increases dramatically after
mid-century, depending on the scenario (Khalyani et al. 2016, p. 275;
USFWS 2019, pp. 59-62), making projections beyond 20 to 30 years
uncertain. Given the average lifespan of the species (approximately 5
years), a period of 20 to 30 years allows for multiple generations and
detection of any population changes. Additionally, the species has been
listed for close to 30 years, so we have a baseline to understand how
populations have performed in that period. Therefore, the ``foreseeable
future'' used in this determination is 20 to 30 years.
Precipitation and Drought
In general, projections show similar patterns of changes in
precipitation and drought intensity and extremes, although total
changes were greater for the A2 scenario (Khalyani et al. 2016, pp.
272-273, 274; USFWS 2019, pp. 59-60). Under scenarios A2, A1B, and B1,
annual precipitation is projected to decrease by 510 to 916 millimeters
(mm) (20 to 36 in.), 354 to 842 mm (14 to 33 in.), and 312 to 619 mm
(12 to 24 in.), respectively, by 2100. Current annual precipitation in
Puerto Rico averages 745 to 4,346 mm (29 to 171 in.). However,
differences in precipitation between the three scenarios were greater
after the mid-century (Khalyani et al. 2016, p. 274). Before then
decreases in rainfall are expected to be far less; rainfall decreases
are expected to be 0.0012 to 0.0032 mm per day per year through 2050
(PRCC 2013, p. 7). Additionally, for all three climate scenarios,
significant decreases in precipitation for the northern wet forests are
not predicted until after 2040 (USFWS 2019, p. 60). Furthermore, the
U.S. Geological Survey projection for Puerto Rico predicts an overall
drying of the island and a reduction in extreme rainfall occurrence;
however, this model suggests higher elevations, like those supporting
L. eltoroensis, may have a buffering effect on declining trends in
precipitation (Bowden 2018, pers. comm.). Therefore, precipitation
declines are not likely to occur in the area supporting L. eltoroensis
during the foreseeable future. On the other hand, drought intensity
increased steadily under all three scenarios, but with a gradual
increase in drought extremes (Khalyani et al. 2016, pp. 274-275). This
increase is linear for all three scenarios.
Temperature
By 2100, all three scenarios predict increases in temperature with
increases of 7.5-9.0 [deg]C (13.5-16.2 [deg]F), 6.4-7.6 [deg]C (11.5-
13.4 [deg]F), and 4.6-5.4 [deg]C (8.3-9.7 [deg]F) under the A2, A1B,
and B1 scenarios, respectively (Khalyani et al. 2016, p. 275). However,
like with precipitation, projected increases in temperature are not
substantial until after 2040. Projections show only a 0.8 [deg]C (1.4
[deg]F) increase by mid-century under all three scenarios. These
scenarios differentiate the most from each other in later time
intervals (after 2040) (Khalyani et al. 2016, pp. 275, 277). However,
we are not aware of any information that would indicate these air
temperature increases will influence formation of the cloud cover over
El Yunque, which could in turn impact interior temperatures and
humidity of the forest, where Lepanthes eltoroensis is found.
Life Zones
Dramatic changes are projected in the life zone distributions in
Puerto Rico, although the changes vary by life zone and are predicted
to be much more significant after mid-century. Because life zones are
derived from climate variables (e.g., precipitation and temperature),
general changes in life zone distribution are similar to changes in
climatic variables. For example, annual precipitation changes will
result in shifts from rain, wet and moist zones to drier zones
(Khalyani et al. 2016, p. 275), and changes in temperature will result
in changes from subtropical to tropical. In general, decreasing trends
were observed in the areas of wet and moist zones, while increasing
trends were observed in dry zones under all three scenarios (Khalyani
et al. 2016, pp. 275, 279). Under all scenarios, loss of subtropical
rain and wet forests are observed, although decreasing trends were
observed in the area of wet and moist zones, while increasing trends
were observed in the areas of dry zones in all three scenarios.
Additionally, the loss of wet and moist zones in the northeastern
mountain area that supports Lepanthes eltoroensis is not predicted to
be substantial, and the area remains relatively stable until after 2040
(USFWS 2019 p. 69). This may be due to possible buffering effects of
elevation across the island.
In summary, changes to precipitation and drought, temperature, and
life zones are expected to occur on Puerto Rico, but over the next 20
to 30 years, they are not predicted to be substantial. Although
modeling shows changes to Puerto Rico through 2100, the divergence in
these projections increases dramatically after mid-century, making
projections beyond 20 to 30 years more uncertain.
These projected changes may have direct or at least indirect
effects on Lepanthes eltoroensis; however, viability of the species
under all scenarios is expected to remain stable within the foreseeable
future (USFWS 2019, p. 71). Potential direct effects include a reduced
number of seedlings as the number of dry days increase, a reduced
number of fruits as minimum average temperature increases, and a
reduced number of adults as maximum temperature increases (Olaya-Arenas
et
[[Page 13852]]
al. 2011, p. 2042). Additionally, projected changes in hurricane
frequencies (and associated habitat changes) may negatively affect the
growth rate of L. eltoroensis populations (Tremblay 2008, pp. 89-90)
due to increases in light penetration from defoliation. Indirect
effects are related to potential changes in moss cover and composition
due to temperature and precipitation changes. Data from related species
showed that orchid density, growth, and establishment were positively
associated with moss species richness (Crain 2012, pp. 15-16; Garcia-
Cancel et al. 2013, p. 6). Therefore, a change in forest temperature
and humidity could affect the establishment and distribution of moss
and, thus, L. eltoroensis (USFWS 2019, p. 11).
Persistence of the species through repeated past hurricanes and
other storms suggests the species has the ability to recover and adapt
from disturbances, and relocation of individuals from blown-down host
trees further accelerates the recovery of the species post-hurricane.
In fact, many researchers at El Yunque have concluded that hurricanes
are the main organizing force of the forests (USFWS 2019, p. 71). The
forests go through a cycle that averages 60 years, starting with great
impact by winds and rain of a hurricane, and then 60 years of regrowth
(Lugo 2008, p. 371). In those 60 years of regrowth, complete changes in
the species that dominate the landscape can occur. Although the
hurricane appears destructive, it can be constructive because it makes
the area more productive--it rejuvenates the forest (USFWS 2019, p.
71). Currently, El Yunque is at the initial phase of early succession
following Hurricane Maria (2017), which produced severe tree mortality
and defoliation, including Lepanthes eltoroensis host trees.
In general, we anticipate the range of the species may contract
somewhat due to changes in climatic variables, although the loss of wet
and moist zones in the northeastern mountain area that supports
Lepanthes eltoroensis is not predicted to be substantial by mid-century
(USFWS 2019, p. 66). The range contraction may be exacerbated by an
increase in the frequency and severity of hurricanes. However, as the
species occurs within El Yunque, synergistic negative effects of
development and deleterious forest management practices are unlikely
threats to the species in the future. Currently, L. eltoroensis and its
habitat at the El Yunque are protected by Congressional designation of
El Toro Wilderness Area (Forest Plan 2016, p. 32), thus precluding
human disturbance. Because the El Yunque management plan includes a set
of standards and guidelines to protect the natural resources within the
El Toro Wilderness, including other co-occurring federally listed
species (e.g., Ilex sintenisii and Ternstroemia luquillensis) (USFS
2019, pp. 1, 32-35), the Service anticipates continued implementation
of conservation and management practices to improve the habitat of all
species within the area, including actions to mitigate hurricane
impacts.
Future Viability
Resiliency
Under all future scenarios, resiliency is projected to remain
moderate through at least the next 20 to 30 years. As mentioned above,
there is very little projected contraction of the wet and moist forests
within this timeframe. Although increasing catastrophic hurricanes are
possible, relocation of plants can ameliorate some of these impacts.
Redundancy
Redundancy is expected to remain stable under all scenarios for the
next 20 to 30 years, although this prediction is uncertain given the
very limited range of the species and the lack of knowledge about the
full extent of the species' range (i.e., no surveys conducted off the
two main trails). However, Lepanthes eltoroensis has persisted through
catastrophic events in the past, and we expect it to persist into the
foreseeable future.
Representation
Because the species does not appear to have much physiological
flexibility, given that it has a rather restricted distribution,
representative units were not delineated for this species. The current
condition of low genetic and environmental diversity, and little
breadth to rely on if some plants are lost, is expected to continue
under all scenarios, at least through the next 20 to 30 years.
Available data suggest that conditions are present for genetic drift
and inbreeding. However, Lepanthes eltoroensis has demonstrated the
ability to adapt to changing environmental conditions (i.e., natural
disturbances) over time.
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 endangered and
threatened species unless we determine that such a plan will not
promote the conservation of the species. Recovery plans are not
regulatory documents. Rather, they are intended to establish goals for
long-term conservation of a listed species and 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. Recovery plans also 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 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 be 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 that was not known at the time
the recovery plan was finalized may become available. 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 Lepanthes eltoroensis, as well as an
analysis of the recovery criteria and goals as they relate to
evaluating the status of this orchid.
The Lepanthes eltoroensis Recovery Plan was approved on July 15,
1996. The objective of the Recovery Plan is to provide direction for
reversing the decline of this orchid and for restoring the species to a
self-sustaining status, thereby permitting eventual removal from the
Federal List of Endangered and Threatened Plants (USFWS 1996, p. 8).
However, the Recovery Plan provides only criteria for reclassifying the
species from endangered to threatened (``downlisting''). The specific
criteria are: (1) Prepare and implement an agreement between the
Service and the USFS concerning the protection of L. eltoroensis within
El Yunque, and (2) establish new populations capable of self-
perpetuation within protected areas (USFWS 1996, p. 8). The plan also
[[Page 13853]]
includes the following recovery actions intended to address threats to
the species:
(1) Prevent further habitat loss and population decline;
(2) Continue to gather information on the species' distribution and
abundance;
(3) Conduct research;
(4) Establish new populations; and
(5) Refine recovery criteria.
The following discussion provides specific details for each of
these actions and the extent to which the recovery criteria have been
met.
Recovery Action 1: Prevent Further Habitat Loss and Population Decline
This action has been met. In the past, the species' primary threat
was identified as destruction and modification of habitat associated
with forest management practices (e.g., establishment and maintenance
of plantations, selective cutting, trail maintenance, and shelter
construction; 56 FR 60933, November 29, 1991). As described above under
``Forest Management Practices,'' the best available data indicates that
forest management practices are no longer negatively affecting
Lepanthes eltoroensis. Furthermore, the area where the species is found
is within a protected area (El Yunque), part of which is the El Toro
Wilderness designated in 2005, where the land is managed to preserve
its natural conditions and species like L. eltoroensis (USFS 2016, p.
32). We expect this wilderness area will remain permanently protected
as a nature reserve and be managed for conservation. Additionally,
because this area is within a National Forest, the National Forest
Management Act of 1976 (16 U.S.C. 1600 et seq.), requires El Yunque to
develop management plans. As noted above, El Yunque plan specifically
includes a set of standards and guidelines to protect the natural
resources within the El Toro Wilderness. Moreover, Federal agencies are
mandated to carry out programs for the conservation of endangered
species under section 7 of the Act to ensure that any action
authorized, funded, or carried out by a Federal agency is not likely to
jeopardize the continued existence of a federally listed species. The
USFS continually consults with the Service to avoid and minimize
impacts to listed species and their habitat at El Yunque. L.
eltoroensis shares habitat with other federally listed species (e.g.,
Ilex sintenisii, Ternstroemia luquillensis, and Elfin-woods warbler);
thus, the USFS will continue to consult with the Service on projects
that could affect listed species in this area. Additionally, since the
species was listed in 1991, many more individuals have been found and
observed growth has been stable with no documented decline in the
population.
Recovery Action 2: Continue To Gather Information on the Species'
Distribution and Abundance
This action has been met. Since the species was listed in 1991,
several surveys for Lepanthes eltoroensis have been conducted. Although
these surveys have been infrequent, sparse, and done with varying
spatial spread and methodology, making the results difficult to compare
over time, even partial surveys have found greater numbers of L.
eltoroensis. Surveys have indicated stable growth rates. While the best
available estimate of the metapopulation is 3,000 individuals, surveys
likely underestimate the species' true abundance as suitable habitat
off the two main trails are dangerous and mostly inaccessible,
preventing additional surveys. Surveys of habitat outside traditional
population sites may result in additional individuals.
Recovery Action 3: Conduct Research
This action has been met; however we continue to conduct research
on the species. Information has been collected throughout the years on
the distribution and dispersion patterns of Lepanthes eltoroensis
(Tremblay 1997a, pp. 85-96), variance in floral morphology (Tremblay
1997b, pp. 38-45), and genetic differentiation (Tremblay and Ackerman
2001, pp. 47-62). In 2016, the Service and the PRDNER provided funding
to researchers at the University of Puerto Rico to evaluate the current
population status of L. eltoroensis and model its demographic variation
in response to climatic variability (i.e., temperature and relative
humidity). This study is an effort to evaluate the influence that
climate change will have on the persistence of this species in its
environment. Results are anticipated to be available later in 2020 and
will be factored into our final determination on this proposed rule.
Data gathered during this project will also be used to characterize the
microhabitat variation between areas with and without L. eltoroensis
and develop a habitat selection model to evaluate the relationship
between the presence and absence of plants and landscape-level
variables such as elevation, forest type, aspect, and temperature.
Additionally, these data will allow for development of a monitoring
infrastructure to model the demographic responses of L. eltoroensis to
climate variation. This research will update the distribution and
status of L. eltoroensis within El Yunque, and assess natural threats,
particularly climate change, affecting these populations. However, the
best available data indicates that the species is projected to remain
viable, and the results of the additional surveys, while helpful
information, is not required.
Recovery Action 4: Establish New Populations
This action has not been met but is no longer necessary. At the
time of listing, only 140 plants were thought to exist; we now estimate
a population size of 3,000 individuals. The 2015 5-year status review
of Lepanthes eltoroensis states that the action to establish new
populations is not necessary at this time for the recovery of the
species because additional sub-populations and individuals have been
found since the species was listed (USFWS 2015, p. 5). Additionally,
relocation of plants from fallen trees onto standing trees following
hurricane events was found to be an effective management strategy to
improve and maximize survival and reproductive success (Ben[iacute]tez
and Tremblay 2003, pp. 67-69).
Recovery Action 5: Refine Recovery Criteria
This action has not been met but will no longer be necessary. The
Recovery Plan states that as additional information on Lepanthes
eltoroensis is gathered, it will be necessary to better define, and
possibly modify, recovery criteria. Based on the information compiled
in the SSA (USFWS 2019, entire) this orchid is projected to remain
viable over time, such that it may no longer meet the definition of an
endangered or threatened species (see Determination).
Recovery Criterion 1: Prepare and Implement and Agreement Between the
Service and the USFS Concerning the Protection of Lepanthes eltoroensis
Within El Yunque
This criterion has been partially met. Although there is not a
specific agreement between the Service and the USFS concerning the
protection of Lepanthes eltoroensis, the intent of this criterion--to
provide long-term protection for the species--has been met. Existing
populations and the species' habitat are protected. As stated before,
this orchid species occurs within the El Toro Wilderness area where
habitat destruction or modification is no longer considered a threat to
the species or its habitat. The implementation of management practices
in the forest has improved, no selective cutting is
[[Page 13854]]
conducted, and the USFS coordinates with the Service to avoid impacts
to listed species as part of their management practices. Because this
species overlaps with other listed species, the USFS will continue to
consult on projects that may affect this area. Furthermore,
Commonwealth laws and regulations protect the species' habitat as well
as the species from collection and removal. There is no evidence that
L. eltoroensis or its habitat is being negatively impacted; therefore,
a formal agreement between the Service and the USFS is not necessary
for protecting this species.
Recovery Criterion 2: Establish New Populations Capable of Self-
Perpetuation Within Protected Areas
As stated under Recovery Action 4, we have found that the action to
establish new populations is not necessary at this time for the
recovery of the species because additional sub-populations and
individuals have been found since the species was listed (USFWS 2015,
p. 5). Additionally, relocation of plants is an effective management
strategy to improve and maximize survival and reproductive success, as
has been demonstrated after hurricane events (Ben[iacute]tez and
Tremblay 2003, pp. 67-69).
Summary
The Recovery Plan for Lepanthes eltoroensis provided direction for
reversing the decline of this species, thereby informing when the
species may be delisted. The Recovery Plan outlined two criteria for
reclassifying the species from endangered to threatened: (1) Prepare
and implement an agreement between the Service and the USFS concerning
the protection of L. eltoroensis within El Yunque, and (2) establish
new populations capable of self-perpetuation within protected areas.
Both of these criteria have been partially met or are no longer
considered necessary. This species is protected by Commonwealth law and
regulations, and will continue to be should the species no longer
require Federal protection, and occurs within a protected wilderness
area that will remain protected and managed using techniques that are
beneficial for this and other co-occurring federally listed species.
There is no evidence that L. eltoroensis or its habitat is being
negatively impacted by forest management activities or will be in the
future. Additionally, the designation of wilderness where the species
occurs has eliminated the need for a formal agreement between the
Service and the USFS to protect this species. Since the species was
listed under the Act and the Recovery Plan was written, additional
plants have been found; therefore, establishment of new populations is
not necessary at this time for recovery. Additionally, the five
recovery actions intended to address threats to the species have all
been either met or determined to no longer be necessary for recovery.
Determination of Status of Lepanthes eltoroensis
Section 4 of the Act (16 U.S.C. 1533), and its implementing
regulations (50 CFR part 424), set forth the procedures for determining
whether a species meets the definition of ``endangered species'' or
``threatened species.'' The Act defines an ``endangered species'' as a
species that is in danger of extinction throughout all or a significant
portion of its range, and a ``threatened species'' as a species that is
likely to become an endangered species within the foreseeable future
throughout all or a significant portion of its range. The Act requires
that we determine whether a species meets the definition of
``endangered species'' or ``threatened species'' because of any of the
following factors: (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.
Status Throughout All of Its Range
After evaluating threats to the species and assessing the
cumulative effect of the threats under the section 4(a)(1) factors, we
note that more individuals are known to occur than at the time of
listing. Additionally, the best metapopulation estimate of 3,000
individuals is likely an underestimate, as not all potential habitat
has been surveyed. Despite the effects of a small population size,
continued limited distribution, and evidence of low gene flow (Factor
E), the species has persisted and adapted to changing environmental
conditions. Forest management practices (Factor A) and collection
(Factor B) are not currently a threat to this species, nor are they
anticipated to negatively affect Lepanthes eltoroensis in the future.
Although hurricanes (Factor E) have the potential to negatively impact
growth rates and survival of L. eltoroensis, observed stable
subpopulations, even after recent severe hurricanes, indicate this
species has the ability to recover from these natural disturbances.
Additionally, relocation of plants is a viable management strategy that
can improve and maximize survival and reproduction success. The
greatest threat to the future of L. eltoroensis is current and ongoing
effects of climate change factors (Factor E); however, while changes to
precipitation and drought, temperature, and life zones are expected to
occur on Puerto Rico, within the foreseeable future, they are not
predicted to be substantial, and the viability of the species is
expected to remain stable. We anticipate small population dynamics
(Factor E) will continue to be a concern, as there is already evidence
of genetic drift, but L.eltoroensis has demonstrated the ability to
adapt to changing environmental conditions over time at population
levels lower than they are currently or projected to be in the future.
The species was originally listed as an endangered species due to
its rarity, restricted distribution, specialized habitat, and
vulnerability to habitat destruction or modification, as well as
because of collection for commercial/recreational uses. We find that
these threats are no longer affecting the status of the species as they
have been minimized or eliminated. Partial surveys over the past 18
years, including surveys following two strong hurricanes in 2018,
indicate there are more individuals than known at the time of listing,
and the population appears to be relatively stable. Surveys are limited
to detections right on the trails, or a very short distance from the
trails. Habitat that has not or cannot be surveyed may hold additional
subpopulations; therefore, surveys likely underestimate the true
abundance of this species. The habitat at El Yunque, where the species
occurs, is a designated wilderness area, and managed for its natural
conditions; therefore, habitat modification or destruction is not a
current threat. In addition, collection is prohibited under USFS
regulations, and there is no indication this is a current threat to the
species. Persistence of the species through repeated past strong
hurricanes indicates the species has the ability to recover and adapt
from disturbances. Furthermore, relocation of individuals from felled
trees further accelerates the recovery of the species post-hurricane.
While a narrow endemic, the species has continued to exist across its
historical range with all life stages represented and in good health.
While projections predict increasing temperatures and decreasing
[[Page 13855]]
precipitation over time into the future, projected impacts to the
species' habitat (e.g., life zone changes) are not expected to be
significant within the foreseeable future (USFWS 2019, p. 69). Recent,
yet unpublished downscaled climate modelling (Bowden 2018, pers. comm.)
indicates that higher elevation areas, like those supporting L.
eltoroensis, may be buffered from the more generally predicted level of
precipitation changes. This species has also demonstrated the ability
to adapt to changes in its environment. Since the species was listed,
warming temperatures have been documented and precipitation levels have
decreased, yet the species has persisted. Additionally, following
strong hurricanes that affected the species' habitat, abundance has
remained stable, with all age classes represented and in good health.
While suitable habitat conditions for the species may contract some
over the foreseeable future, the species is likely to continue to
maintain close to current levels of resiliency, redundancy, and
representation. We conclude that there are no existing or potential
threats that, either alone or in combination with others (i.e., forest
management practices, climate change, and hurricane damage), are likely
to cause the species' viability to decline. Thus, after assessing the
best available data, we conclude that L. eltoroensis is not in danger
of extinction throughout its range (i.e., meets the definition of an
endangered species) or likely to become so within the foreseeable
future (i.e., meets the definition of a threatened species).
Status Throughout a Significant Portion of Its Range
Under the Act and our implementing regulations, a species may
warrant listing if it is in danger of extinction or likely to become so
within the foreseeable future throughout all or a significant portion
of its range.
Having determined that Lepanthes eltoroensis is not in danger of
extinction or likely to become so within the foreseeable future
throughout all of its range, we now consider whether it may be in
danger of extinction or likely to become so within the foreseeable
future in a significant portion of its range. The range of a species
can theoretically be divided into portions in an infinite number of
ways, so we first screen the potential portions of the species' range
to determine if there are any portions that warrant further
consideration. To do the ``screening'' analysis, we ask whether there
are portions of the species' range for which there is substantial
information indicating that: (1) The portion may be significant; and
(2) the species may be, in that portion, either in danger of extinction
or likely to become so in the foreseeable future. For a particular
portion, if we cannot answer both questions in the affirmative, then
that portion does not warrant further consideration and the species
does not warrant listing because of its status in that portion of its
range. Conversely, we emphasize that answering both of these questions
in the affirmative is not a determination that the species is in danger
of extinction or likely to become so in the foreseeable future
throughout a significant portion of its range--rather, it is a step in
determining whether a more detailed analysis of the issue is required.
If we answer these questions in the affirmative, we then conduct a
more thorough analysis to determine whether the portion does indeed
meet both of the ``significant portion of its range'' prongs: (1) The
portion is significant; and (2) the species is, in that portion, either
in danger of extinction or likely to become so in the foreseeable
future. Confirmation that a portion does indeed meet one of these
prongs does not create a presumption, prejudgment, or other
determination as to whether the species is an endangered species or
threatened species. Rather, we must then undertake a more detailed
analysis of the other prong to make that determination. Only if the
portion does indeed meet both prongs would the species warrant listing
because of its status in a significant portion of its range.
We evaluated the range of the Lepanthes eltoroensis to determine if
any area may be a significant portion of the range. The species is a
narrow endemic that functions as a single, contiguous population (with
a metapopulation structure) and occurs within a very small area (El
Yunque, Puerto Rico). Every threat to the species in any portion of its
range is a threat to the species throughout all of its range, and so
the species has the same status under the Act throughout its narrow
range. Therefore, we conclude, based on this screening analysis, that
the species is not in danger of extinction or likely to become so in
the foreseeable future in any significant portion of its range. Our
conclusion--that we do not undertake additional analysis if we
determine that the species has the same status under the Act throughout
its narrow range--is consistent with the courts' holdings in Desert
Survivors v. Department of the Interior, No. 16-cv-01165-JCS, 2018 WL
4053447 (N.D. Cal. Aug. 24, 2018); Center for Biological Diversity v.
Jewell, 248 F. Supp. 3d, 946, 959 (D. Ariz. 2017); and Center for
Biological Diversity v. Everson, 2020 WL 437289 (D.D.C. Jan. 28, 2020).
Determination of Status
Our review of the best available scientific and commercial data
indicates that Lepanthes eltoroensis does not meet the definition of an
endangered species or a threatened species in accordance with sections
3(6) and 3(20) of the Act. Therefore, we propose to remove this species
from the Federal List of Endangered and Threatened Plants.
Effects of This Proposed Rule
This proposal, if made final, would revise 50 CFR 17.12(h) to
remove Lepanthes eltoroensis from the Federal List of Endangered and
Threatened Plants. Therefore, revision of the species' recovery plan is
not necessary. The prohibitions and conservation measures provided by
the Act, particularly through sections 7 and 9, would no longer apply
to this species. Federal agencies would no longer be required to
consult with the Service under section 7 of the Act in the event that
activities they authorize, fund, or carry out may affect L.
eltoroensis. There is no critical habitat designated for this species.
Post-Delisting Monitoring
Section 4(g)(1) of the Act requires us to monitor for not less than
5 years the status of all species that are delisted due to recovery.
Post-delisting monitoring 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 monitor the species to ensure that its status
does not deteriorate, and if a decline is detected, to take measures to
halt the decline so that proposing it as an endangered or threatened
species is not again needed. If at any time during the monitoring
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 monitoring
period, we will review all available information to determine if
relisting, the continuation of monitoring, or the termination of
monitoring is appropriate.
Section 4(g) of the Act explicitly requires that we cooperate with
the States in development and implementation of PDM programs. However,
we remain ultimately 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
[[Page 13856]]
entities that are expected to assume responsibilities for the species'
conservation after delisting. The Service is currently coordinating
with PRDNER and USFS on the completion of the PDM.
We have prepared a draft PDM plan for the orchid, Lepanthes
eltoroensis. The plan is designed to detect substantial declines in the
species, with reasonable certainty and precision, or an increase in
threats. The plan:
(1) Summarizes the species' status at the time of proposed
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, funding, and
responsible parties.
Concurrent with this proposed delisting rule, we announce the
availability of the draft PDM plan for public review at http://www.regulations.gov under Docket No. FWS-R4-ES-2019-0073. The plan can
also be viewed in its entirety at https://www.fws.gov/southeast/caribbean/. Copies can also be obtained from the U.S. Fish and Wildlife
Service, Caribbean Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT). We seek information, data, and comments from the
public regarding Lepanthes eltoroensis and the PDM plan. We are also
seeking peer review of the draft PDM plan during this proposed rule's
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.
Required Determinations
Clarity of the 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:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) 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.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We determined that we do not need to prepare an environmental
assessment or an environmental impact statements, as defined under the
authority of 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
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 (Consultation and
Coordination With Indian Tribal Governments), 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
there are no tribal interests affected by this proposal.
References Cited
A complete list of references cited in this rulemaking is available
on the internet at http://www.regulations.gov under Docket No. FWS-R4-
ES-2019-0073 and upon request from the Caribbean Ecological Services
Field Office (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this proposed rule are the staff members of
the Service's Species Assessment Team and the Caribbean Ecological
Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to 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. 17.12 [Amended]
0
2. Amend Sec. 17.12(h) by removing the entry for ``Lepanthes
eltoroensis'' under FLOWERING PLANTS from the List of Endangered and
Threatened Plants.
Dated: January 23, 2020.
Aurelia Skipwith,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2020-04824 Filed 3-9-20; 8:45 am]
BILLING CODE 4333-15-P