Rule2021-12528
Endangered and Threatened Wildlife and Plants; Removal of Lepanthes eltoroensis From the Federal List of Endangered and Threatened Plants
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 16, 2021
Effective
July 16, 2021
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service, are removing Lepanthes eltoroensis (no common name), an orchid species from Puerto Rico, from the Federal List of Endangered and Threatened Plants, due to recovery. This determination is based on a thorough review of the best available scientific and commercial information, 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). Accordingly, the prohibitions and conservation measures provided by the Act will no longer apply to this species.
Full Text
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[Federal Register Volume 86, Number 114 (Wednesday, June 16, 2021)]
[Rules and Regulations]
[Pages 31972-31986]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12528]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2019-0073; FF09E22000 FXES1113090FEDR 212]
RIN 1018-BB83
Endangered and Threatened Wildlife and Plants; Removal of
Lepanthes eltoroensis From the Federal List of Endangered and
Threatened Plants
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service, are removing Lepanthes
eltoroensis (no common name), an orchid species from Puerto Rico, from
the Federal List of Endangered and Threatened Plants, due to recovery.
This determination is based on a thorough review of the best available
scientific and commercial information, 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).
Accordingly, the prohibitions and conservation measures provided by the
Act will no longer apply to this species.
DATES: This rule is effective July 16, 2021.
ADDRESSES: The proposed and final rules, the post-delisting monitoring
plan, and the comments received on the proposed rule are available on
the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> in Docket No. FWS-R4-ES-
2019-0073.
FOR FURTHER INFORMATION CONTACT: Edwin Mu[ntilde]iz, Field Supervisor,
U.S. Fish and Wildlife Service, Caribbean Ecological Services Field
Office (see ADDRESSES, above). If you use a telecommunications device
for the deaf (TDD), please call the Federal Relay Service at (800) 877-
8339.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under the Act, a species may be
delisted (i.e., removed from the Federal Lists of Endangered and
Threatened Wildlife and Plants (Lists)) if it is determined that the
species has recovered and no longer meets the definition of an
endangered or threatened species. Removing a species from the Lists can
only be completed by issuing a rule.
What this document does. This rule removes Lepanthes eltoroensis
from the Federal List of Endangered and Threatened Plants, based on its
recovery.
The basis for our action. We may delist a species if we determine,
after a review of the best scientific and commercial data, that: (1)
The species is extinct; (2) the species does not meet the definition of
an endangered species or a threatened species; or (3) the listed entity
does not meet the statutory definition of a species (50 CFR 424.11(e)).
Here, we have determined that the species may be delisted because it no
longer meets the definition of an endangered species or a threatened
species, as it has recovered.
Previous Federal Actions
On March 10, 2020, we published in the Federal Register (85 FR
13844) a proposed rule to remove Lepanthes eltoroensis (no common name)
from the Federal List of Endangered and Threatened Plants (List).
Please refer to that proposed rule for a detailed description of
previous Federal actions concerning this species. The proposed rule and
supplemental documents are provided at <a href="http://www.regulations.gov">http://www.regulations.gov</a> under
Docket No. FWS-R4-ES-2019-0073.
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. We solicited
independent peer review of the SSA report by five individuals with
expertise in L. eltoroensis or similar epiphytic (i.e., a plant that
grows on another plant for support but not for food) orchid species'
biology or habitat, or climate change. The final SSA, which supports
this final rule, was revised, as appropriate, in response to the
[[Page 31973]]
comments and suggestions received from our peer reviewers. The SSA
report and other materials relating to this rule can be found on the
Service's Southeast Region website at <a href="http://www.regulations.gov">http://www.regulations.gov</a> under
Docket No. FWS-R4-ES-2019-0073.
Summary of Changes From the Proposed Rule
In preparing this final rule, we reviewed and fully considered all
comments we received during the comment period from the peer reviewers
and the public on the proposed rule to delist Lepanthes eltoroensis.
Minor, nonsubstantive changes and corrections were made throughout the
document in response to comments. However, the information we received
during the public comment period on the proposed rule did not change
our determination that L. eltoroensis no longer meets the definition of
endangered or threatened under the Act.
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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> under Docket
No. FWS-R4-ES-2019-0073 and summarized in this final 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 small (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
We considere Lepanthes eltoroensis to be a single metapopulation,
with the individual trees that host the L. eltoroensis plants as
subpopulations, and the host tree aggregates as patches (Service 2019,
p. 16). A number of characteristics (see below) indicate that a
metapopulation approach may be appropriate to understand orchid
population dynamics (see Service 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.
Metapopulations of Lepanthes orchids exhibit high variance in
reproductive potential, high variance in mean reproductive lifespan
(Tremblay 2000, pp. 264-265), and few adults per subpopulation
(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 subpopulations (i.e. host
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 the species occurs 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 (the plants send
false signals to the insects, imitating some rewarding conditions),
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 (i.e., attempted copulation by a male insect with the
orchid flower that resembles the female, carrying pollen to it in the
process). 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. 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 EYNF, 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 (Service 2015,
p. 5) at elevations above 2,461 feet (750 meters) (Service 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. eltoroensis 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 (Service 2019, pp. 34-52).
However, partial surveys conducted periodically from 2000 to 2018 have
found greater numbers of L. eltoroensis (Service 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 (Service 2019, p. 39). The
best available metapopulation estimate is 3,000 individual plants
(Tremblay 2008, p. 90; Service 2015, p. 5). Overall, data do not
indicate a general pattern of decline, but rather natural fluctuations
(Service 2019, p. 52).
The 3,000 plant population estimate was made prior to category 5
Hurricane Maria making landfall 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
[[Page 31974]]
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.
The forest types Lepanthes eltoroensis is most affiliated with--
Palo Colorado, Sierra Palm, and Dwarf Forest--cover over 13,000 acres
(5,261 hectares) within the EYNF (Service 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 (Service
2019, p. 50). Surveys of habitat outside traditionally surveyed sites
(on or just off trails) could result in discovery of additional plants
(Tremblay 2008, p. 90; Service 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), while the
species' abundance has remained stable (with all age classes
represented and in good health); thus, we conclude the species has the
ability to recover from stochastic disturbances (Service 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 EYNF (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.
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 we 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. 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, we concluded at the time that the species'
rarity made it 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).
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 (Service 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
EYNF, and (2) establish new populations capable of self-perpetuation
within protected areas (Service 1996, p. 8). The plan also 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 completed. 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
below under ``Forest Management Practices,'' the best available data
indicate that forest management practices are no longer negatively
affecting Lepanthes eltoroensis. The area where the species is found is
within a protected area (EYNF), 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 the USFS to develop
management plans, and EYNF has. As noted below, the EYNF 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
[[Page 31975]]
likely to jeopardize the continued existence of a federally listed
species. The USFS consults with the Service as necessary to avoid and
minimize impacts to listed species and their habitat at EYNF. L.
eltoroensis shares habitat with other federally listed species (e.g.,
the endangered plants Ilex sintenisii (no common name) and Ternstroemia
luquillensis (palo colorado), and the threatened elfin-woods warbler
(Setophaga angelae)), so L. eltoroensis will benefit from efforts to
conserve their habitat.
Recovery Action 2: Continue To Gather Information on the Species'
Distribution and Abundance
This action has been completed. Since the species was listed in
1991, several surveys for Lepanthes eltoroensis have been conducted.
Although these surveys have been 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 (Tremblay 2008, p. 90),
surveys likely underestimate the species' true abundance, as suitable
habitat off the two main trails is dangerous and mostly inaccessible,
preventing additional surveys. Surveys of habitat outside traditional
population sites may result in additional individuals.
Recovery Action 3: Conduct Research
Much research has been completed; 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 Puerto Rico
Department of Natural and Environmental Resources (PRDNER) provided
funding to researchers at the University 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 research suggests that L. eltoroensis population growth
rates are highly dynamic depending on drought conditions
(Mel[eacute]ndez-Ackerman et al. 2018, entire). Partners continue
analyzing the extent by which these changes may be related to changes
in climatic variation in detail by analyzing data from meteorological
stations in the region, and they recommend periodic monitoring of L.
eltoroensis's population status (Mel[eacute]ndez-Ackerman et al. 2018,
p. 10). The Service will address this recommendation as part of the
post-delisting monitoring plan (PDM) and will include criteria to
determine whether population trends allow for completion of monitoring,
or if additional monitoring or a status review is needed. Moreover, the
University, in collaboration with the USFS and the Service, developed a
habitat model showing that further suitable habitat extends outside
traditionally surveyed areas, including areas of Pico El Yunque and
Pico del Este (Sparklin 2020, unpublished data). This model is still
pending validation in the field. Despite species experts recording
direct impacts to L. eltoroensis due to Hurricane Maria and high
mortality of seedlings following the disturbance, they also recorded at
least 16 previously unknown host trees with live plants (new
populations), showing the species may be more widespread within its
habitat (Hern[aacute]ndez-Mu[ntilde]iz et al., accepted for
publication, entire).
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 (Tremblay 2008, p. 90). 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 subpopulations and
individuals have been found since the species was listed (Service 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). Recent work and
habitat modeling also show that further suitable habitat extends
outside traditionally surveyed areas, including areas of Pico El Yunque
and Pico del Este.
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 report (Service 2019, entire), this orchid is projected to
remain viable over time such that it no longer meets the Act's
definition of an endangered or threatened species (see Determination of
Status of Lepanthes eltoroensis, below).
Recovery Criterion 1: Prepare and Implement an Agreement Between the
Service and the USFS Concerning the Protection of Lepanthes Eltoroensis
Within EYNF
This criterion has been met. Existing populations and the species'
habitat are protected by the USFS. 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. Thus,
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. The implementation of management practices in the forest has
improved, no selective cutting is conducted, and the USFS coordinates
with the Service to avoid impacts to listed species as part of their
management practices. Furthermore, Commonwealth laws and regulations
protect the species' habitat, as well as protect the species from
collection and removal. There is no evidence that L. eltoroensis or its
habitat is being negatively impacted by forest management. Due to the
high level of protection provided by the wilderness designation and
other protections, we have determined that an agreement between the
Service and the USFS is no longer necessary for protecting this
species. Incidentally, because this species overlaps with other listed
species, the USFS will continue to consult on projects that may affect
this area.
Recovery Criterion 2: Establish New Populations Capable of Self-
Perpetuation Within Protected Areas
As stated above under Recovery Action 4, we have found that the
action to establish new populations is no longer necessary because
additional subpopulations and individuals have been found since the
species was listed (Service 2015, p. 5). Further, suitable habitat
extends outside traditionally surveyed areas, including areas of Pico
El Yunque and Pico del Este. 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).
[[Page 31976]]
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 EYNF, and (2) establish new
populations capable of self-perpetuation within protected areas. These
criteria have either been 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 the species occurs within a protected wilderness area that will
remain protected and managed using techniques that are beneficial for
this species and 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 an 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, additional plants likely exist in areas that are unsuitable for
surveying, and the best available information indicates that additional
habitat likely exists. Therefore, establishment of new populations is
not necessary for recovery of L. eltoroensis at this time.
Additionally, the five recovery actions intended to address threats to
the species have all been either met or determined no longer to be
necessary for recovery.
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 consider these same five
factors in reclassifying a species from endangered to threatened and in
delisting a species (50 CFR 424.11(c)-(e)).
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 species' expected response, 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 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.
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, which is a similar length of
time as between now and mid-century. Therefore, the ``foreseeable
future'' used in this determination is 20 to 30 years, which is the
length of time into the future that the Service can reasonably
determine that both the future threats and the species' responses to
those threats are likely.
Analytical Framework
The SSA report documents the results of our comprehensive
biological review of the best scientific and commercial data regarding
the status of the species, including an assessment of the potential
threats to the species. The SSA report does not represent our decision
on whether the species should be reclassified as a threatened species
or delisted under the Act. It does, however,
[[Page 31977]]
provide the scientific basis that informs our regulatory decisions,
which involve the further application of standards within the Act and
its implementing regulations and policies. The following is a summary
of the key results and conclusions from the SSA report; the full SSA
report can be found at <a href="http://www.regulations.gov">http://www.regulations.gov</a> under Docket No. FWS-
R4-ES-2019-0073.
To assess Lepanthes eltoroensis viability, we used the three
conservation biology principles of resiliency, redundancy, and
representation (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); redundancy supports the ability of the species to
withstand catastrophic events (for example, droughts, large pollution
events), and representation supports the ability of the species to
adapt over time to long-term changes in the environment (for example,
climate changes). In general, the more resilient and redundant a
species is and the more representation it has, the more likely it is to
sustain populations over time, even under changing environmental
conditions. Using these principles, we identified the species'
ecological requirements for survival and reproduction at the
individual, population, and species levels, and described the
beneficial and risk factors influencing the species' viability.
The SSA process can be categorized into three sequential stages.
During the first stage, we evaluated individual species' life-history
needs. The next stage involved an assessment of the historical and
current condition of the species' demographics and habitat
characteristics, including an explanation of how the species arrived at
its current condition. The final stage of the SSA involved making
predictions about the species' responses to positive and negative
environmental and anthropogenic influences. Throughout all of these
stages, we used the best available information to characterize
viability as the ability of a species to sustain populations in the
wild over time. We use this information to inform our regulatory
decision. 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 threats that influence the species' current
and future condition, in order to assess the species' overall viability
and the risks to that viability.
Forest Management Practices
At the time of listing (1991), 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 (Service 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 (including plants). This law requires
authorization from the PRDNER Secretary for any action that may affect
the habitat of any species. Furthermore, part of EYNF (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 EYNF 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 EYNF 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 federally
listed species (e.g., the endangered plants Ilex sintenisii and palo
colorado, and the threatened elfin-woods warbler) that co-occur with 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)
(Service 2019, p. 24). Furthermore, based on existing laws, we expect
EYNF 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 restricted distribution of Lepanthes eltoroensis makes it
particularly vulnerable to large-scale disturbances, such as hurricanes
and tropical storms, that frequently affect islands of the Caribbean
(NOAA 2018, unpaginated). Hurricanes are more frequent in the
northeastern quadrant of Puerto Rico, where EYNF is located (White et
al. 2014, p. 30). Current global climate models are rather poor at
[[Page 31978]]
simulating tropical cyclones; however, the Intergovernmental Panel on
Climate Change's climate simulations project that the Caribbean will
experience a decrease in tropical cyclone frequency, but the most
intense events will become more frequent (PRCC 2013, p. 10; Service
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 they take 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 trees falling, and landslides
(Lugo 2008, p. 368). Surveys in 2018 conducted along El Toro Trail
following Hurricane Maria 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, individual plants moved to new host trees 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 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 (Service 2019, pp. 39, 45-48), it
appears that the species has the ability to recover from disturbances
like hurricanes Hugo, Georges, Hortense, Irma, and Maria (Service 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 translocated some L. eltoroensis
individuals along the El Toro Trail. These individuals are currently
being monitored to assess survival. In addition, since L. eltoroensis
is part of the USFS' ``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 damaging or removing
any plant that is classified as a threatened, endangered, sensitive,
rare, or unique 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.
Lepanthes eltoroensis will likely remain protected under
Commonwealth laws and regulations after Federal delisting. Commonwealth
Regulation 6766 provides protection to species that are not federally
listed or that have been removed from the Federal Lists, and the
species will remain protected under the wilderness provisions from the
2016 revised land and resource management plan for EYNF (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 endangered and threatened 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 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).
[[Page 31979]]
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
(Service 2015, p. 8). Despite photos of the species on the internet,
there is no direct evidence that the species is in private collections
or that it has been advertised for sale. In addition, since early 2017,
researchers from the University monitored population trends on all
known host trees on a monthly basis, and recorded no evidence of
poaching (e.g., unusual missing plants or scars on the trees). Thus,
there is no evidence that collection is currently impacting Lepanthes
eltoroensis (Service 2019, p. 24) or is 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
(Service 2019, p. 24).
Lepanthes eltoroensis may experience declining growth related to
the uneven distribution of individuals among host trees and demographic
processes (e.g., reproductive success, survival), which can be
negatively influenced by environmental and catastrophic risks (Service
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 recover even after regular exposure to
disturbances. 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 (Tremblay 2008, p. 90). This is because
surveys have located additional individuals and subpopulations (groups
of L. eltoroensis on the same host tree), resulting in a much greater
estimate of individuals than at the time of listing. Therefore, the
species' vulnerability to extinction due to catastrophic events 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 that 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).
Low genetic diversity may be reflected in reduced genetic and
environmental plasticity, and, thus, low ability to adapt to
environmental changes. However, L. eltoroensis has demonstrated the
ability to withstand environmental change; therefore, low genetic
diversity does not appear to be affecting the species' viability.
There is evidence of low gene flow in the species. Estimated gene
flow in Lepanthes eltoroensis is less than two effective migrants per
generation (Tremblay and Ackerman 2001, p. 54). This result 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). 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 (Service 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. Although the effects of potential
inbreeding in the future is possible, the species has demonstrated the
ability to adapt to changing environmental conditions (i.e., natural
disturbances) over time (Service 2019, p. 54). Thus, both low genetic
diversity and low gene flow do not appear to be affecting species'
viability currently, nor do we believe it will in the foreseeable
future.
Effects of Climate Change
The average temperatures at EYNF 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 EYNF is located, and the central
mountains of Puerto Rico (Khalyani et al. 2016, p. 274). In contrast,
higher elevations may have a buffering effect on declining trends in
precipitation (Bowden 2018, pers. comm.; Service 2019, pp. 65-66).
Downscaled modeling for Puerto Rico was based on three
Intergovernmental Panel on Climate Change global emissions scenarios
from phase 3 of the Coupled Model Intercomparison Project (the CMIP3
data set): Mid-high (A2), mid-low (A1B), and low (B1) as the CMIP5 data
set was not available for Puerto Rico at that time (Khalyani et al.
2016, p. 267 and 279-280). These scenarios are generally comparable and
span the more recent representative concentration pathways (RCP)
scenarios from RCP4.5 (B1) to RCP8.5 (A2) (IPCC 2014, p. 57). Under all
of these scenarios, emissions increase, precipitation declines,
temperature and total dry days increase, and portions of subtropical
rain and wet forests (that Lepanthes eltoroensis occupies) are lost,
while all wet and moist forest types decrease in size 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 (Service 2019, p.
67).
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; Service 2019, pp. 59-60). Under scenarios A2, A1B, and
B1, annual precipitation is projected to decrease. 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 mid-century, as was uncertainty of species' response to
the various scenarios past mid-century (Khalyani et al. 2016, p.
[[Page 31980]]
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 (like EYNF) are not predicted until after 2040
(Service 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 (Khalyani et al. 2016, pp. 274-275). This increase
is linear for all three scenarios. Given that the projections for
precipitation and drought diverge significantly after midcentury, it is
difficult to reasonably determine the species' response to the coming
changes.
All three scenarios predict increases in temperature (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). Also, we are not aware of any information that indicates
these air temperature increases will influence formation of the cloud
cover over EYNF in the foreseeable future, which could in turn impact
interior temperatures and humidity of the forest where Lepanthes
eltoroensis is found. The divergence of all scenarios after 2040 makes
it difficult to predict the species' likely future condition;
therefore, we are relying on species' response 20 to 30 years into the
future.
Climatic 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 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. Under all three scenarios, models show
decreasing trends in size for areas currently classified as wet and
moist zones, while increasing trends were observed in the size covered
by dry zones (Khalyani et al. 2016, pp. 275, 279). Therefore, under all
scenarios, reduction of the size of areas covered by subtropical rain
and wet forests are anticipated. Nonetheless, 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 is
predicted to remain relatively stable until after 2040 (Service 2019 p.
69). This may be due to possible buffering effects of elevation across
the island.
This projected shift of the life zones of Puerto Rico from humid to
drier is the most important potential risk to Lepanthes eltoroensis.
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 could
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 being 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. However, predictions of life zone changes
are not expected to affect resiliency of L. eltoroensis within the
foreseeable future (Service 2019, p. 69).
Overall, we anticipate the range of Lepanthes eltoroensis could
contract due to changes in climatic variables leading to loss of wet
and tropical montane habitats. Although changes to precipitation and
drought, temperature, life zones, and hurricane severity are expected
to occur on Puerto Rico, thereby affecting the species' habitat, they
are not predicted to be substantial over the next 20 to 30 year
foreseeable future. Modeling shows the divergence in these projections
increases substantially after mid-century, making projections beyond 20
to 30 years more uncertain; as a result, the species' response to those
changes beyond 30 years into the future is also uncertain (Khalyani et
al. 2016, p. 275).
Climate change is a primary risk factor to the species; however,
under all climate emission scenarios, Lepanthes eltoroensis is
projected to remain moderately resilient within the foreseeable future.
There is very little projected contraction of the wet and moist forests
30 years into the future. Although increasing catastrophic hurricanes
are possible, relocation of plants and appropriate forest management
can ameliorate some of these impacts. Overall, the viability of the
species is predicted to remain stable despite climate change impacts.
Cumulative Effects
We note that, by using the SSA framework to guide our analysis of
the scientific information documented in the SSA report, we have not
only analyzed individual effects on the species, but we have also
analyzed their potential cumulative effects. We incorporate the
cumulative effects into our SSA analysis when we characterize the
current and future condition of the species. To assess the current and
future condition of the species, we undertake an iterative analysis
that encompasses and incorporates the threats individually and then
accumulates and evaluates the effects of all the factors that may be
influencing the species, including threats and conservation efforts.
Because the SSA framework considers not just the presence of the
factors, but to what degree they collectively influence risk to the
entire species, our assessment integrates the cumulative effects of the
factors and replaces a standalone cumulative effects analysis.
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).
Factors that influence the resiliency of Lepanthes eltoroensis
include abundance and growth trends within host trees; habitat factors
such as elevation, slope, aspect, precipitation, temperature, and
canopy cover; and presence of moss, mycorrhizal fungi, and pollinators.
Influencing those factors are elements of L. eltoroensis's ecology that
determine whether
[[Page 31981]]
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-caused habitat loss and collection.
The number of Lepanthes eltoroensis individuals is greater than at
the time of listing (Tremblay 2008, p. 90), approximately 3,000
individual plants currently. The distribution of L. eltoroensis has not
been investigated outside of traditional areas (i.e., just off El Toro
and Trade Wind trails); however, additional populations may occur
within suitable habitat outside El Toro Trail. In fact, additional
individuals have been found near, but outside of, 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), these numbers indicate that
the species has the ability to recover from normal stochastic
disturbances; thus, we consider the species to be moderately resilient.
We lack the 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 depression (Tremblay 1997a, p. 92). However, the most
updated L. eltoroensis information shows that the species survived the
almost entire deforestation of the lowlands of EYNF (habitat
surrounding the known localities of L. eltoroensis) and the associated
changes in microhabitat conditions, and thus the species has the
ability to adapt to changing environmental conditions (i.e., natural
disturbances) over time and does not appear to be effected by genetic
drift at present. 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 for Lepanthes eltoroensis is the total number and resilience
of subpopulations and their distribution across the species' range.
This species is endemic to EYNF, 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 and are all exposed to similar specific
habitat and environmental conditions. Although redundancy is naturally
low due to the narrow range that the species inhabits, it has recovered
from past natural disturbances (i.e., hurricanes, tropical storms,
etc.) and is considered more abundant within its habitat than
previously documented, as noted above.
Projected Future Status
Lepanthes eltoroensis only occurs within the protected EYNF lands
where stressors--including forest management practices, urban
development surrounding EYNF, and overcollection--are not expected to
be present or are expected to remain relatively stable. 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
unknown, but L. eltoroensis has thus far demonstrated the ability to
adapt to changing environmental conditions (i.e., natural disturbances)
over time (Service 2019, pp. 51-52). The primary stressors affecting
the future condition of L. eltoroensis are current and ongoing climate
change (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.
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 as well as capture our lack of
information on abundance and growth rates relative to each scenario.
Although modeling projects large changes in temperature and
precipitation to Puerto Rico through 2100, the divergence in these
projections increases substantially after mid-century, making
projections beyond 20 to 30 years more uncertain (Khalyani et al. 2016,
p. 275). By mid-21st century, Puerto Rico is predicted to be subject to
a decrease in rainfall, along with increase drought intensity,
particularly in wetter regions like EYNF (Khalyani et al. 2016, pp.
265, 274-275). 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.
In summary, changes to precipitation and drought, temperature, and
life zones are expected to occur on Puerto Rico, but are not predicted
to be substantial within the foreseeable future. Although modeling
shows changes to Puerto Rico through 2100, the divergence in these
projections increases after mid-century, making projections beyond 20
to 30 years more uncertain; as a result, the species' response beyond
20 to 30 years is also 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 (Service 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 al. 2011, p. 2042). 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 also L. eltoroensis
(Service 2019, p. 11).
Persistence of the species through repeated past hurricanes and
other storms indicates that the species has the ability to recover and
adapt from
[[Page 31982]]
disturbances. In fact, many researchers at EYNF have concluded that
hurricanes are the main organizing force of the forests (Service 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
(Service 2019, p. 71). Currently, EYNF 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 within the
foreseeable future (Service 2019, p. 66). Any range contraction may be
exacerbated by an increase in the frequency and severity of hurricanes.
However, as the species occurs within EYNF, synergistic negative
effects of development and deleterious forest management practices are
unlikely threats to the species in the future. Lepanthes eltoroensis
and its habitat at the EYNF are protected by congressional designation
of El Toro Wilderness Area (Forest Plan 2016, p. 32), thus precluding
human disturbance. Because the EYNF management plan includes a set of
standards and guidelines to protect the natural resources within the El
Toro Wilderness, including co-occurring federally listed species (e.g.,
Ilex sintenisii and palo colorado) (Service 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.
To summarize the future viability of Lepanthes eltoroensis,
resiliency is projected to remain moderate through at least the next 20
to 30 years under all future scenarios. As mentioned above, very little
contraction of the wet and moist forests is predicted within this
timeframe. Although increasing catastrophic hurricanes are possible,
relocation of plants can ameliorate some of these impacts. Redundancy
is expected to remain stable under all scenarios for the next 20 to 30
years. However, Lepanthes eltoroensis has persisted through
catastrophic events in the past, and we expect it to remain viable
within the foreseeable future. Because the species 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 and does not appear to be
affected by genetic drift.
Summary of Comments and Recommendations
In the proposed rule published on March 10, 2020 (85 FR 13844), we
requested that all interested parties submit written comments on the
proposed delisting of Lepanthes eltoroensis and the draft post-
delisting monitoring (PDM) plan by May 11, 2020. We also contacted
appropriate Federal and State agencies, scientific experts and
organizations, and other interested parties and invited them to comment
on the proposal and plan. A newspaper notice inviting general public
comments was published in Primera Hora (major local newspaper) and also
announced using online and social media sources. We did not receive any
requests for a public 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 SSA 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.
We reviewed all comments received from the peer reviewer for
substantive issues and new information contained in the Lepanthes
eltoroensis SSA report. The peer reviewer generally concurred with our
methods and conclusions, and provided additional information,
clarifications, and suggestions to improve the final SSA report. We
revised the final SSA, which supports this final rule, as appropriate,
in response to the comments and suggestions we received from the peer
reviewer.
Public Comments
We reviewed all public comments for substantive issues and new
information regarding the species. Substantive comments we received
during the comment period are addressed below and, where appropriate,
are incorporated directly into this final rule.
(1) Comment: One commenter indicated that the species should not be
delisted because the population growth rate is highly variable, and the
population is generally decreasing; further, seedling individuals are
slowly decreasing, and plant mortality is slowly increasing following
Hurricane Maria in September 2017.
Our Response: The commenter did not provide substantial new
information to support this comment. In addition, we do not have
evidence indicating the species shows a long-term (over the past three
decades) decreasing trend. In fact, the overall number of individuals
detected has increased since the time of listing (1991) from 140 to
approximately 3,000 individuals estimated along the Trade Winds Trail
(Tremblay 2008, p. 90). Further populations (host trees) are expected
to occur within suitable habitat just outside this trail in areas that
have not yet been surveyed due to the inaccessibility and steepness of
the terrain (Tremblay 2008, p. 90). Thus, the species' viability is
supported by information showing an increased number of individuals
over the past three decades.
The species' mean lifespan is approximately 5.2 years, with an
average annual mortality rate of 10 percent; however, this mortality
rate varies greatly among life stages, with increased survival of older
stages (adults) (Tremblay 2000, p. 265; Rosa-Fuentes and Tremblay 2007,
p. 207). This relatively short lifespan coupled with a relatively high
mortality rate indicates that the species probably would have gone
extinct were it not currently viable.
A seasonal decrease in number of seedlings may also be associated
with transition to more mature stages (juveniles and non-reproductive
adults). As expected, a higher mortality of seedlings (80.3 percent)
was found 6 months after Hurricane Maria due to the changes in canopy
structure and associated microhabitat conditions that promoted drought
stress (Melendez-Ackerman et al. 2019, p. 4). However, an overall
survival rate for monitored plants was found to be approximately
[[Page 31983]]
80 percent (Melendez-Ackerman et al. 2019, p. 5). In addition, in
August 2018, at least 1,105 live individuals (768 in the El Toro trail
and 337 in a portion of the Trade Winds trail) distributed across 61
phorophytes (host trees) were recorded after Hurricane Maria. While the
surveyed number (1,105 individuals) is less than the estimated 3,000
population size, this is the result of monitoring of accessible habitat
following the hurricane, and there is a consensus among experts that
the species' distribution extends beyond the surveyed areas.
(2) Comment: Several commenters indicated that the species should
not be delisted based on the impacts from hurricanes, including
expected higher frequency and intensity of hurricanes associated with
climate change. Commenters indicated that the species' habitat is still
recovering from the impacts of Hurricane Maria in 2017, as shown by low
percentage of forest cover (34 percent in June 2019), increase in
higher monthly averages in minimum temperatures, and lower number of
moss species. One commenter expressed that, in general, the occurrences
of Lepanthes spp. are correlated with high levels of moss cover, moss
cover seems to be important for orchid growth and survival, and moss
cover was affected by the hurricane. The commenter also mentioned that
the L. eltoroensis population is still at pre-hurricane levels, having
only added 100 individuals during surveys conducted post-hurricane and
comparing with the numbers obtained as part of the assessments
commissioned by the Service prior to Hurricane Maria.
Our Response: As recognized in the proposed rule and the SSA
report, we acknowledge the impacts from hurricanes and their expected
higher frequency due to climate change. Lepanthes eltoroensis is
endemic to El Toro and Trade Winds trails at El Yunque National Forest
(EYNF), an area subject to recurrent hurricanes and storms. The
continued presence and viability of the species through repeated past
hurricanes (e.g., Hugo, Hortense, Georges, Irma, and Maria) shows the
species has the ability to overcome and adapt from such disturbances.
In fact, the species survived the peak in deforestation in Puerto Rico,
including deforestation of the lowlands of EYNF, and the impact of
Hurricane San Felipe II in 1928, the only category 5 hurricane on
record to directly impact Puerto Rico. Thus, the species has been
exposed to extreme natural disturbance and landscape modification via
forest cover loss and moss reduction at EYNF that likely resulted in
changes in microhabitat conditions (i.e., higher temperature and
evapotranspiration) caused by these disturbances and stochastic events.
As addressed in the Lepanthes eltoroensis SSA report (Service 2019,
p. 73), hurricanes are the main organizing force of the forests of
EYNF, and the forests goes through a cycle that averages 60 years (Lugo
2008, p. 383). The cycle starts with great impact from winds and rain
of a hurricane followed by 60 years of regrowth. Thus, L. eltoroensis
is naturally adapted to hurricane disturbance, and we expected it to
remain viable in habitats subject to such intermittent disturbances
(e.g., hurricanes) (Crain et al. 2019, p. 89).
Direct impacts to L. eltoroensis occurred from Hurricane Maria, and
seedlings experienced high mortality following the disturbance
(Melendez-Ackerman 2019, p. 4; Hern[aacute]ndez-Mu[ntilde]iz et al.,
accepted for publication, entire). However, 16 previously unknown host
trees (new populations) were recorded during post-hurricane surveys,
indicating the species may be more widespread within its habitat
(Melendez-Ackerman 2019, p. 2; Hern[aacute]ndez-Mu[ntilde]iz et al.,
accepted for publication, entire).
Despite the species' apparent preference for caimitillo
(Micropholis garciniifolia) (endemic to the higher elevations of EYNF)
as a host tree, there are records of L. eltoroensis growing on palma de
sierra (Prestoea acuminata) and helecho arboreo (Cyathea arborea),
which are fast-growing species with widespread distributions within L.
eltoroensis habitat whose abundance is favored by hurricanes.
Therefore, the availability of potential host trees for L. eltoroensis
should not be a limiting factor following hurricanes.
(3) Comment: One commenter indicated that the species should not be
delisted because there is a need of crucial data on the species'
reproductive biology (e.g., breeding system and pollinators), the
feasibility of propagation, habitat requirements, and the ecology of
the species.
Our Response: We are required to make our determinations based on
the best available scientific and commercial data at the time the
determination is made. A need for further research on a species is not
necessarily relevant to the question of whether the species meets the
definition of an ``endangered species'' or a ``threatened species.''
Regardless of the mechanism for pollination of the species,
reproduction and recruitment of Lepanthes eltoroensis is occurring,
evidenced by the presence of different size classes. The reportedly low
fruit set of the species is not atypical of orchids of this type; thus,
we do not consider it a concern for the future viability of the
species. Finally, delisting the species does not prevent continued
research on the species.
(4) Comment: One commenter indicated that the species should not be
delisted because its habitat has not been completely surveyed, and
there is a need to gather information on the species' distribution and
abundance.
Our Response: As stated above, we make our status determinations
based on the best available scientific and commercial data at the time
the determination is made. Our analysis of the best commercial and
scientific information available indicates that Lepanthes eltoroensis
does not meet the Act's definitions of an ``endangered species'' or a
``threatened species.'' Despite the limited range of this species, we
determined that stressors either have not occurred, have been
ameliorated, or are not expected to occur to the extent anticipated at
the time of listing in 1991.
We acknowledge that the species has not been extensively surveyed
outside the El Toro and Trade Winds trails due to the areas' remoteness
and steep topography (Service 2019, p. 19). However, new occupied host
trees were identified after Hurricane Maria, indicating the species
extends beyond previously known areas. Additionally, species experts
from University of Puerto Rico (University), in collaboration with the
USFS and the Service, developed a habitat model using environmental
variables such as elevation, aspect, and a topographic position index
and heat load (Sparklin 2020, unpublished data). Although this model is
pending field validation, the result from this analysis shows that
further suitable habitat extends outside traditionally surveyed areas,
including areas of Pico El Yunque and Pico del Este (Sparklin 2020,
unpublished data).
For these reasons, current population numbers are likely
underestimated as the species is expected to be more widespread
particularly considering the pristine status of its habitat. Further,
delisting the species does not prevent future study or habitat surveys.
(5) Comment: We received public comments indicating that the
species should not be delisted because the Service has not completed
the recovery actions stated in the species recovery plan. Two
commenters indicated that the species should not be delisted because an
agreement between the Service and the USFS concerning the protection of
Lepanthes eltoroensis within the El Yunque National Forest property has
not been prepared and
[[Page 31984]]
implemented (Recovery Objective #1). In addition, two commenters
indicated that the species should not be delisted because new
populations (the number of which should be determined following the
appropriate studies) capable of self-perpetuation have not been
established within protected areas (Recovery Objective #2).
Our Response: Recovery plans provide roadmaps to species recovery,
but are not required in order to achieve recovery of a species or to
evaluate it for delisting. In addition, recovery plans are also
nonbinding documents that rely on voluntary participation from
landowners, land managers, and other recovery partners. A determination
of whether a valid, extant species should be delisted is made solely on
the question of whether it meets the Act's definitions of an
``endangered species'' or a ``threatened species.'' We have determined
that Lepanthes eltoroensis does not.
As addressed under Recovery and Recovery Plan Implementation in the
proposed rule (85 FR 13844, pp. 13852-13854), we consider the need for
an agreement between the Service and USFS as obsolete. At the time the
recovery plan was approved in 1996, this agreement was deemed as needed
because the potential of habitat modification due to forest management
practices (e.g., establishment and maintenance of plantations,
selective cutting, trail maintenance, and shelter construction).
However, the habitat where L. eltoroensis is found was congressionally
designated as El Toro Wilderness Area in 2005. This designation
provides stronger protection for L. eltoroensis than a conservation
agreement would. The designated wilderness area is managed to retain
primitive character without any permanent improvements or human
habitation, and to preserve its natural conditions (USFS 2016, pp. 32-
35). Currently, trails across L. eltoroensis habitat are used mostly by
researchers and forest personnel; few human encounters are expected on
these trails (USFS 2016, pp. 32-35), and no evidence indicates that
forest management practices are negatively impacting the species.
Also addressed under Recovery and Recovery Plan Implementation in
the proposed rule (85 FR 13844, pp. 13852-13854), the second recovery
criterion regarding establishment of new populations capable of self-
perpetuation within protected areas is no longer necessary because
additional populations (host trees) and individuals have been found
since the species was listed. In addition, new host trees have been
found as part of increased survey efforts. Moreover, recent habitat
modeling indicates suitable habitat extends beyond traditional surveyed
areas; thus, population numbers are expected to be higher.
(6) Comment: Several commenters indicated that the species should
not be delisted because it is still threatened by potential
overutilization for commercial, recreational, scientific, or
educational purposes (Factor B); disease or predation (Factor C); the
inadequacy of existing regulatory mechanisms (Factor D); and other
natural or manmade factors (Factor E). Particularly, one commenter
highlighted the potential impacts due to overutilization for commercial
and recreational purposes and that the species may be in private
collections. One commenter indicated that several Lepanthes species may
exist ex-situ in private collections in the Netherlands, provided a
photo, and suggested further investigation to potential poaching is
needed.
Our Response: The commenters did not provide substantial new
information indicating that Factors B, C, D, and E are threats to
Lepanthes eltoroensis. We are proactively collaborating with the
species' experts, and no specific information on these issues have been
brought to our attention or highlighted as a threat. As for the
potential poaching of the species, the known populations and prime
habitat occur on Federal lands congressionally designated as the El
Toro Wilderness to preserve its natural conditions, including L.
eltoroensis. 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.
In addition, the known populations of L. eltoroensis occur on remote
areas with little human traffic, and are subject to surveillance by
USFS law enforcement officers. The Netherlands record is from a photo,
and it is not clear that it is actually from a private collection.
There is no evidence indicating that Lepanthes eltoroensis has been
advertised for sale or that it is in private collections. In addition,
there is no historical or current evidence of poaching of the species.
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. For a more
detailed discussion on the factors considered when determining whether
a species meets the definition of an endangered species or a threatened
species and our analysis on how we determine the foreseeable future in
making these decisions, please see Regulatory and Analytical Framework.
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 conditions rife for low gene flow
(Factor E), the species has adapted to changing environmental
conditions. Threats from incompatible forest management practices
(Factor A) and collection (Factor B) have been addressed by regulatory
changes, and are not 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, stable subpopulations, even after recent severe
hurricanes, indicate this species recovers from these natural
disturbances. The greatest threat to the future of L. eltoroensis comes
from the effects of climate change (Factor E); however, while changes
to precipitation and drought, temperature, and life zones are expected
to occur on Puerto Rico, they are not predicted to be substantial
within the foreseeable future, and the viability of the species is
expected to remain stable. We anticipate small population dynamics
(small population size and restricted gene flow) (Factor E) will
continue to be a concern, as conditions for genetic drift are present,
nonetheless 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
[[Page 31985]]
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. Surveys over the past 18 years, including following two
strong hurricanes in 2018, documented more individuals than known at
the time of listing, and the population appears to be relatively
stable. The habitat at EYNF, where the species occurs, is a designated
wilderness area and managed for its natural conditions; we conclude
that this legal protection has addressed the threat of habitat
modification or destruction to the degree that it is no longer a threat
to the species continued existence. In addition, collection is
prohibited under Puerto Rican law and USFS regulations, and there is no
indication this is a current threat to the species. Stability of the
species through repeated past strong hurricanes indicates the species
has the ability to coexist with disturbances. While a narrow endemic,
the species has continued to be viable across its historical range with
all life stages represented and in good health. While projections show
increasing temperatures and decreasing 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 (Service 2019, p. 69). Recent, yet unpublished, downscaled
climate modeling (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 demonstrated resiliency. 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
information, we determine that L. eltoroensis is not in danger of
extinction now nor likely to become so within the foreseeable future
throughout all of its range.
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--that is, whether there is
any portion of the species' range for which it is true that both (1)
the portion is significant; and (2) the species is in danger of
extinction now or likely to become so in the foreseeable future in that
portion. Depending on the case, it might be more efficient for us to
address the ``significance'' question or the ``status'' question first.
We can choose to address either question first. Regardless of which
question we address first, if we reach a negative answer with respect
to the first question that we address, we do not need to evaluate the
other question for that portion of the species' range.
In undertaking this analysis for Lepanthes eltoroensis, we choose
to address the status question first--we consider information
pertaining to the geographic distribution of both the species and the
threats that the species faces to identify any portions of the range
where the species is endangered or threatened. Lepanthes eltoroensis is
a narrow endemic that functions as a single, contiguous population
(with a metapopulation structure) and occurs within a very small area
(EYNF, Puerto Rico). Thus, there is no biologically meaningful way to
break this limited range into portions, and the threats that the
species faces affect the species throughout its entire range. This
means that no portions of the species' range have a different status
from its rangewide status. Therefore, no portion of the species' range
can provide a basis for determining that the species is in danger of
extinction now or likely to become so in the foreseeable future in a
significant portion of its range, and we find the species is not in
danger of extinction now or likely to become so in the foreseeable
future in any significant portion of its range. This 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), and
Center for Biological Diversity v. Jewell, 248 F. Supp. 3d, 946, 959
(D. Ariz. 2017).
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 are removing Lepanthes
eltoroensis from the Federal List of Endangered and Threatened Plants.
Effects of This Rule
This final rule revises 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. On
the effective date of this rule (see DATES, above), the prohibitions
and conservation measures provided by the Act, particularly through
sections 7 and 9, no longer apply to this species. Federal agencies
will 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 (PDM) refers to activities undertaken to
verify that a species delisted due to recovery remains secure from the
risk of extinction after the protections of the Act no longer apply.
The primary goal of PDM is to 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
[[Page 31986]]
engaged in all phases of PDM. We also seek active participation of
other entities that are expected to assume responsibilities for the
species' conservation after delisting. The Service has coordinated with
PRDNER and USFS on the PDM.
We prepared a PDM plan for Lepanthes eltoroensis (Service 2019,
entire). We published a notice of availability of a draft PDM plan with
the proposed delisting rule (85 FR 13844; March 10, 2020), and we did
not receive any comments on the plan. Therefore, we consider the plan
final. 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) Provides a PDM implementation schedule, funding, and
responsible parties.
The final PDM plan is available at <a href="https://ecos.fws.gov">https://ecos.fws.gov</a> and at
<a href="http://www.regulations.gov">http://www.regulations.gov</a> in Docket No. FWS-R4-ES-2019-0073. It is our
intent to work with our partners towards maintaining the recovered
status of Lepanthes eltoroensis.
Required Determinations
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), need not be
prepared in connection with determining a species' listing status under
the Endangered Species Act. In an October 25, 1983, notice in the
Federal Register (48 FR 49244), we outlined our reasons for this
determination, which included a compelling recommendation from the
Council on Environmental Quality that we cease preparing environmental
assessments or environmental impact statements for listing decisions.
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 rule.
References Cited
A complete list of references cited in this rulemaking is available
on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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 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.
Regulation Promulgation
Accordingly, we 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.
Martha Williams,
Principal Deputy Director, Exercising the Delegated Authority of the
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2021-12528 Filed 6-15-21; 8:45 am]
BILLING CODE 4333-15-P
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</html>Indexed from Federal Register on June 16, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.