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Government-to-Government § 17.12 [Amended] SUPPLEMENTARY INFORMATION: Relationship With Tribes ■ 2. Amend § 17.12(h) by removing the Executive Summary entry for ‘‘Howellia aquatilis’’ under In accordance with the President’s Why we need to publish a rule. Under FLOWERING PLANTS from the List of memorandum of April 29, 1994, the Act, a species may be delisted (i.e., Endangered and Threatened Plants. Government-to-Government Relations removed from the Federal Lists of with Native American Tribal Martha Williams, Endangered and Threatened Wildlife Governments (59 FR 22951), E.O. 13175, Principal Deputy Director, Exercising the and Plants (Lists)) if it is determined and the Department of the Interior’s Delegated Authority of the Director, U.S. Fish that the species has recovered and no manual at 512 DM 2, we readily and Wildlife Service. longer meets the definition of an acknowledge our responsibility to [FR Doc. 2021–12522 Filed 6–15–21; 8:45 am] endangered or threatened species. communicate meaningfully with BILLING CODE 4333–15–P Removing a species from the Lists can recognized Federal Tribes on a only be completed by issuing a rule. government-to-government basis. In What this document does. This rule accordance with Secretarial Order 3206 DEPARTMENT OF THE INTERIOR removes Lepanthes eltoroensis from the of June 5, 1997 (American Indian Tribal Federal List of Endangered and Rights, Federal-Tribal Trust Fish and Wildlife Service Threatened Plants, based on its Responsibilities, and the Endangered recovery. Species Act), we readily acknowledge 50 CFR Part 17 The basis for our action. We may our responsibilities to work directly [Docket No. FWS–R4–ES–2019–0073; delist a species if we determine, after a with Tribes in developing programs for FF09E22000 FXES1113090FEDR 212] review of the best scientific and healthy ecosystems, to acknowledge that commercial data, that: (1) The species is Tribal lands are not subject to the same RIN 1018–BB83 extinct; (2) the species does not meet the controls as Federal public lands, to Endangered and Threatened Wildlife definition of an endangered species or a remain sensitive to Indian culture, and and Plants; Removal of Lepanthes threatened species; or (3) the listed to make information available to Tribes. eltoroensis From the Federal List of entity does not meet the statutory We are aware of two water howellia Endangered and Threatened Plants definition of a species (50 CFR occurrences that occur on Tribal lands; 424.11(e)). Here, we have determined we have notified the Tribes that may be AGENCY: Fish and Wildlife Service, that the species may be delisted because affected by this rule and offered Interior. it no longer meets the definition of an government-to-government ACTION: Final rule. endangered species or a threatened consultation. species, as it has recovered. SUMMARY: We, the U.S. Fish and References Cited Wildlife Service, are removing Previous Federal Actions A complete list of all references cited Lepanthes eltoroensis (no common On March 10, 2020, we published in in this rule is available on the internet name), an orchid species from Puerto the Federal Register (85 FR 13844) a at http://www.regulations.gov at Docket Rico, from the Federal List of proposed rule to remove Lepanthes No. FWS–R6–ES–2018–0045, or upon Endangered and Threatened Plants, due eltoroensis (no common name) from the request from the Montana Ecological to recovery. This determination is based Federal List of Endangered and Services Field Office (see FOR FURTHER on a thorough review of the best Threatened Plants (List). Please refer to INFORMATION CONTACT). available scientific and commercial that proposed rule for a detailed information, which indicates that the description of previous Federal actions Authors threats to the species have been concerning this species. The proposed The authors of this final rule are staff eliminated or reduced to the point that rule and supplemental documents are members of the Montana Ecological the species no longer meets the provided at http://www.regulations.gov Services Field Office and field and definition of an endangered or under Docket No. FWS–R4–ES–2019– regional offices in California, Colorado, threatened species under the 0073. Idaho, Oregon, and Washington. Endangered Species Act of 1973, as Species Status Assessment Report amended (Act). Accordingly, the List of Subjects in 50 CFR Part 17 prohibitions and conservation measures A team of Service biologists, in Endangered and threatened species, provided by the Act will no longer consultation with other species experts, Exports, Imports, Reporting and apply to this species. prepared a species status assessment (SSA) report for Lepanthes eltoroensis. recordkeeping requirements, DATES: This rule is effective July 16, The SSA report represents a Transportation. 2021. compilation of the best scientific and Regulation Promulgation ADDRESSES: The proposed and final commercial data available concerning Accordingly, we amend part 17, rules, the post-delisting monitoring the status of the species, including the subchapter B of chapter I, title 50 of the plan, and the comments received on the impacts of past, present, and future Code of Federal Regulations, as set forth proposed rule are available on the factors (both negative and beneficial) below: internet at http://www.regulations.gov affecting the species. We solicited in Docket No. FWS–R4–ES–2019–0073. independent peer review of the SSA PART 17—ENDANGERED AND FOR FURTHER INFORMATION CONTACT: report by five individuals with expertise THREATENED WILDLIFE AND PLANTS Edwin Mun˜ iz, Field Supervisor, U.S. in L. eltoroensis or similar epiphytic Fish and Wildlife Service, Caribbean (i.e., a plant that grows on another plant ■ 1. The authority citation for part 17 Ecological Services Field Office (see for support but not for food) orchid continues to read as follows: ADDRESSES, above). If you use a species’ biology or habitat, or climate Authority: 16 U.S.C. 1361–1407; 1531– telecommunications device for the deaf change. The final SSA, which supports 1544; and 4201–4245, unless otherwise (TDD), please call the Federal Relay this final rule, was revised, as noted. Service at (800) 877–8339. appropriate, in response to the

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comments and suggestions received (Service 2019, p. 16). A number of (Blanco and Barboza 2005, p. 765) and from our peer reviewers. The SSA report characteristics (see below) indicate that pollinate by pseudocopulation (i.e., and other materials relating to this rule a metapopulation approach may be attempted copulation by a male insect can be found on the Service’s Southeast appropriate to understand orchid with the orchid flower that resembles Region website at http:// population dynamics (see Service 2019, the female, carrying pollen to it in the www.regulations.gov under Docket No. pp. 14–15) and epiphytic species (Snall process). Therefore, it is likely fungus FWS–R4–ES–2019–0073. et al. 2003, p. 567; Snall et al. 2004, p. gnats are a pollinator for L. eltoroensis. 758; Snall et al. 2005, pp. 209–210) like Fungus gnats do not travel far—perhaps Summary of Changes From the L. eltoroensis. Metapopulations are tens of meters or even a few hundred Proposed Rule defined as a set of subpopulations with meters (Ackerman 2018)—limiting In preparing this final rule, we independent local dynamics occupying pollen dispersal for L. eltoroensis. Most reviewed and fully considered all discrete patches (Hanski 1999, entire; L. eltoroensis pollination occurs among comments we received during the Hanski and Gaggiotti 2004, pp. 3–22) so individuals within a host tree, resulting comment period from the peer that simultaneous extinction of all in high inbreeding and low genetic reviewers and the public on the subpopulations is unlikely. variability (Tremblay and Ackerman proposed rule to delist Lepanthes Metapopulations of Lepanthes orchids 2001, pp. 55–58). The seeds of L. eltoroensis. Minor, nonsubstantive exhibit high variance in reproductive eltoroensis are wind-dispersed and changes and corrections were made potential, high variance in mean require a mycorrhizal association for throughout the document in response to reproductive lifespan (Tremblay 2000, germination and survival until plants comments. However, the information pp. 264–265), and few adults per start photosynthesis (Tremblay and we received during the public comment subpopulation (Tremblay 1997a, p. 95). Ackerman 2001, p. 55; Tremblay 2008, period on the proposed rule did not Less than 20 percent of individuals p. 85). change our determination that L. reproduce, and most subpopulations (60 Distribution and Abundance eltoroensis no longer meets the percent of host trees) have fewer than 15 definition of endangered or threatened individuals. In addition, the distribution Lepanthes eltoroensis is endemic to under the Act. of individuals (seedling, juvenile, and EYNF, Puerto Rico. It is restricted to one adults) varies enormously among general area within the Sierra Palm, Species Information subpopulations (i.e. host trees) and is Palo Colorado, and dwarf forests of the A thorough review of the taxonomy, skewed towards few individuals per tree El Toro and Trade Winds trails (Service life history, and ecology of Lepanthes (Tremblay and Velazquez-Castro 2009, 2015, p. 5) at elevations above 2,461 feet eltoroensis is presented in the SSA p. 214). The lifespan of L. eltoroensis (750 meters) (Service 1996, p. 2). At the report (Service 2019, entire), which is can reach 30 to 50 years (Tremblay time of listing, the species consisted of available at http://www.regulations.gov 1996, pp. 88–89, 114). However, the an estimated 140 individual plants. under Docket No. FWS–R4–ES–2019– mean is 5.2 years, with an average Since then, surveys have located 0073 and summarized in this final rule. percent mortality of 10 percent per year, additional individuals and although this varies greatly among life subpopulations (groups of L. eltoroensis Species Description stages. Survival increases as individual on the same host tree), resulting in a Lepanthes eltoroensis is a member of orchids reach later life stages, but fewer much greater estimate of individuals a large genus of more than 800 orchid plants reach adulthood and have the than at the time of listing. Surveys for species. Approximately 118 species in opportunity to contribute offspring to L. eltoroensis have been infrequent, this genus are from the Caribbean, and the next generation (Tremblay 2000, p. sparse, and done with varying spatial all but one are single-island endemics 265; Rosa-Fuentes and Tremblay 2007, spread and methodology, making the (Stimson 1969, p. 332; Barre and p. 207). Because the species occurs results difficult to compare over time Feldmann 1991, p. 11; Tremblay and within a protected National Forest, (Service 2019, pp. 34–52). However, Ackerman 1993, p. 339; Luer 2014, p. access to moss, dispersal ability, partial surveys conducted periodically 260). This species is a small, epiphytic reproductive success, and lifespan from 2000 to 2018 have found greater orchid about 1.57 inches (in.) (4 influence survivorship more than other numbers of L. eltoroensis (Service 2019, centimeters (cm)) tall and is potential human-induced threats pp. 49–50). In addition, surveys distinguished from other members of (Tremblay 2000, p. 265; Rosa-Fuentes conducted between 2000 and 2005 the genus by its obovate to oblanceolate and Tremblay 2007, p. 207). indicated the subpopulations surveyed leaves, ciliate sepals, and the length of The reproductive success of along El Toro Trail and Trade Winds the inflorescence (Vivaldi et al. 1981, p. Lepanthes eltoroensis subpopulations is Trail were relatively stable over the 5- 26; Luer 2014, p. 260). The highly sensitive to temporal variation in year period (Service 2019, p. 39). The inflorescence is a small (0.03 in.; 0.75 environmental conditions (Tremblay best available metapopulation estimate millimeters (mm)), peduncled raceme and Hutchings 2002, entire). Further, is 3,000 individual plants (Tremblay (flower cluster with flowers on separate reproductive success of L. eltoroensis, as 2008, p. 90; Service 2015, p. 5). Overall, short stalks) with reddish flowers. No in most orchids, is pollinator-limited data do not indicate a general pattern of more than two flowers are produced at (Tremblay et al. 2005, p. 6). This decline, but rather natural fluctuations the same time, and the flowers are open obligate cross-pollinated species (Service 2019, p. 52). on the inflorescence for about 10 days (Tremblay et al. 2006, p. 78) uses a The 3,000 plant population estimate (Mele´ndez-Ackerman and Tremblay deceptive pollination system (the plants was made prior to category 5 Hurricane 2017, p. 1). send false signals to the insects, Maria making landfall in 2017. A post- imitating some rewarding conditions), hurricane partial survey along the El Life History typically characterized by very few Toro Trail was completed in 2018, and We considere Lepanthes eltoroensis to reproductive events (∼ less than 20 found 641 total plants, including over be a single metapopulation, with the percent chance; Tremblay et al. 2005, p. 300 that had not been previously individual trees that host the L. 12). Although we do not know the identified (Mele´ndez-Ackerman 2018, eltoroensis plants as subpopulations, pollinator for L. eltoroensis, elsewhere pers. comm.). We note that this was and the host tree aggregates as patches fungus gnats visit Lepanthes orchids only a partial survey; there has never

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been a complete census of the entire guidance to our Federal, State, and other Threatened Plants (Service 1996, p. 8). metapopulation because most of the governmental and nongovernmental However, the recovery plan provides areas off the two main trails (El Toro partners on methods to minimize threats only criteria for reclassifying the species and Trade Winds) are dangerous and to listed species. from endangered to threatened inaccessible. There are many paths to (‘‘downlisting’’). The specific criteria The forest types Lepanthes eltoroensis accomplishing recovery of a species, are: (1) Prepare and implement an is most affiliated with—Palo Colorado, and recovery may be achieved without agreement between the Service and the Sierra Palm, and Dwarf Forest—cover all criteria being fully met. For example, USFS concerning the protection of L. over 13,000 acres (5,261 hectares) one or more criteria may have been eltoroensis within EYNF, and (2) within the EYNF (Service 2019, p. 8). exceeded while other criteria may not establish new populations capable of Given the amount of unreachable have been accomplished or become self-perpetuation within protected areas habitat that has not been surveyed, all obsolete, yet we may judge that, overall, (Service 1996, p. 8). The plan also estimates are likely to underestimate the the threats have been minimized includes the following recovery actions true abundance of the species (Service sufficiently, and the species is robust intended to address threats to the 2019, p. 50). Surveys of habitat outside enough, to reclassify the species from species: traditionally surveyed sites (on or just endangered to threatened or perhaps (1) Prevent further habitat loss and off trails) could result in discovery of delist the species. In other cases, population decline; additional plants (Tremblay 2008, p. 90; recovery opportunities may be (2) Continue to gather information on Service 2019, pp. 18, 50, 73). In recognized that were not known at the the species’ distribution and abundance; addition, since the time of listing, the time the recovery plan was finalized. (3) Conduct research; species has faced multiple strong These opportunities may be used (4) Establish new populations; and hurricanes (Hugo, Georges, Hortense, instead of methods identified in the (5) Refine recovery criteria. Irma, and Maria), while the species’ recovery plan. The following discussion provides abundance has remained stable (with all Likewise, information on the species specific details for each of these actions age classes represented and in good that was not known at the time the and the extent to which the recovery health); thus, we conclude the species recovery plan was finalized may become criteria have been met. has the ability to recover from stochastic available. The new information may Recovery Action 1: Prevent Further disturbances (Service 2019, pp. 51–52). change the extent that criteria need to be Habitat Loss and Population Decline Therefore, although the species and its met for recognizing recovery of the habitat were harmed by the recent species. Recovery of species is a This action has been completed. In hurricanes (namely Maria), the previous dynamic process requiring adaptive the past, the species’ primary threat was estimate of 3,000 individual plants is management that may or may not fully identified as destruction and still our best estimate. follow the guidance provided in a modification of habitat associated with recovery plan. forest management practices (e.g., Habitat The following discussion provides a establishment and maintenance of Lepanthes eltoroensis occurs on moss- brief review of recovery planning and plantations, selective cutting, trail covered trunks (i.e., host trees) within implementation for Lepanthes maintenance, and shelter construction; upper elevation cloud forests in the eltoroensis as well as an analysis of the 56 FR 60933, November 29, 1991). As Sierra Palm, Palo Colorado, and Dwarf recovery criteria and goals as they relate described below under ‘‘Forest Forest associations of EYNF (Luer 2014, to evaluating the status of this orchid. Management Practices,’’ the best p. 260; Ewel and Whitmore 1973, pp. Lepanthes eltoroensis was listed as an available data indicate that forest 41–49), where humidity ranges from 90 endangered species in 1991, due to its management practices are no longer to 100 percent, and cloud cover is rarity (Factor E), its restricted negatively affecting Lepanthes continuous, particularly during the distribution (Factor E), forest eltoroensis. The area where the species evening hours (55 FR 41248; October 10, management practices (Factor A), is found is within a protected area 1990). Important habitat components impacts from hurricane damage (Factor (EYNF), part of which is the El Toro seem to be elevation, adequate E), and collection (Factor B) (56 FR Wilderness designated in 2005, where temperature and moisture regimes, 60933, November 29, 1991, p. 56 FR the land is managed to preserve its open/semi-open gaps in the canopy, and 60935). The most important factor natural conditions and species like L. presence of moss. affecting L. eltoroensis at that time was eltoroensis (USFS 2016, p. 32). We its limited distribution. Additionally, expect this wilderness area will remain Recovery and Recovery Plan we concluded at the time that the permanently protected as a nature Implementation species’ rarity made it vulnerable to reserve and be managed for Section 4(f) of the Act directs us to impacts from hurricanes, such as conservation. Additionally, because this develop and implement recovery plans unfavorable microclimatic conditions area is within a National Forest, the for the conservation and survival of resulting from numerous canopy gaps. National Forest Management Act of endangered and threatened species, Because so few individuals were known 1976 (16 U.S.C. 1600 et seq.) requires unless we determine that such a plan to occur, the risk of extinction was the USFS to develop management plans, will not promote the conservation of the considered to be extremely high (56 FR and EYNF has. As noted below, the species. Recovery plans are not 60933, November 29, 1991, p. 56 FR EYNF plan specifically includes a set of regulatory documents. Rather, they are 60935). standards and guidelines to protect the intended to establish goals for long-term The Lepanthes eltoroensis recovery natural resources within the El Toro conservation of a listed species and plan was approved on July 15, 1996. Wilderness. define criteria that are designed to The objective of the recovery plan is to Moreover, Federal agencies are indicate when the threats facing a provide direction for reversing the mandated to carry out programs for the species have been removed or reduced decline of this orchid and for restoring conservation of endangered species to such an extent that the species may the species to a self-sustaining status, under section 7 of the Act to ensure that no longer need the protections of the thereby permitting eventual removal any action authorized, funded, or Act. Recovery plans also provide from the Federal List of Endangered and carried out by a Federal agency is not

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likely to jeopardize the continued monitoring of L. eltoroensis’s population longer meets the Act’s definition of an existence of a federally listed species. status (Mele´ndez-Ackerman et al. 2018, endangered or threatened species (see The USFS consults with the Service as p. 10). The Service will address this Determination of Status of Lepanthes necessary to avoid and minimize recommendation as part of the post- eltoroensis, below). impacts to listed species and their delisting monitoring plan (PDM) and habitat at EYNF. L. eltoroensis shares will include criteria to determine Recovery Criterion 1: Prepare and habitat with other federally listed whether population trends allow for Implement an Agreement Between the species (e.g., the endangered plants Ilex completion of monitoring, or if Service and the USFS Concerning the sintenisii (no common name) and additional monitoring or a status review Protection of Lepanthes Eltoroensis Ternstroemia luquillensis (palo is needed. Moreover, the University, in Within EYNF colorado), and the threatened elfin- collaboration with the USFS and the This criterion has been met. Existing woods warbler (Setophaga angelae)), so Service, developed a habitat model populations and the species’ habitat are L. eltoroensis will benefit from efforts to showing that further suitable habitat protected by the USFS. This orchid conserve their habitat. extends outside traditionally surveyed species occurs within the El Toro areas, including areas of Pico El Yunque Recovery Action 2: Continue To Gather and Pico del Este (Sparklin 2020, Wilderness Area where habitat Information on the Species’ Distribution unpublished data). This model is still destruction or modification is no longer and Abundance pending validation in the field. Despite considered a threat to the species or its This action has been completed. Since species experts recording direct impacts habitat. Thus, although there is not a the species was listed in 1991, several to L. eltoroensis due to Hurricane Maria specific agreement between the Service surveys for Lepanthes eltoroensis have and high mortality of seedlings and the USFS concerning the protection been conducted. Although these surveys following the disturbance, they also of Lepanthes eltoroensis, the intent of have been done with varying spatial recorded at least 16 previously this criterion—to provide long-term spread and methodology, making the unknown host trees with live plants protection for the species—has been results difficult to compare over time, (new populations), showing the species met. The implementation of even partial surveys have found greater may be more widespread within its management practices in the forest has numbers of L. eltoroensis. Surveys have habitat (Herna´ndez-Mun˜ iz et al., improved, no selective cutting is indicated stable growth rates. While the accepted for publication, entire). conducted, and the USFS coordinates best available estimate of the with the Service to avoid impacts to metapopulation is 3,000 individuals Recovery Action 4: Establish New listed species as part of their (Tremblay 2008, p. 90), surveys likely Populations management practices. Furthermore, underestimate the species’ true This action has not been met but is no Commonwealth laws and regulations abundance, as suitable habitat off the longer necessary. At the time of listing, protect the species’ habitat, as well as two main trails is dangerous and mostly only 140 plants were thought to exist; protect the species from collection and inaccessible, preventing additional we now estimate a population size of removal. There is no evidence that L. surveys. Surveys of habitat outside 3,000 individuals (Tremblay 2008, p. eltoroensis or its habitat is being traditional population sites may result 90). The 2015 5-year status review of negatively impacted by forest in additional individuals. Lepanthes eltoroensis states that the management. Due to the high level of action to establish new populations is Recovery Action 3: Conduct Research protection provided by the wilderness not necessary at this time for the designation and other protections, we Much research has been completed; recovery of the species because have determined that an agreement however, we continue to conduct additional subpopulations and between the Service and the USFS is no research on the species. Information has individuals have been found since the longer necessary for protecting this been collected throughout the years on species was listed (Service 2015, p. 5). species. Incidentally, because this the distribution and dispersion patterns Additionally, relocation of plants from species overlaps with other listed of Lepanthes eltoroensis (Tremblay fallen trees onto standing trees species, the USFS will continue to 1997a, pp. 85–96), variance in floral following hurricane events was found to consult on projects that may affect this morphology (Tremblay 1997b, pp. 38– be an effective management strategy to area. 45), and genetic differentiation improve and maximize survival and (Tremblay and Ackerman 2001, pp. 47– reproductive success (Benı´tez and Recovery Criterion 2: Establish New 62). In 2016, the Service and the Puerto Tremblay 2003, pp. 67–69). Recent work Populations Capable of Self- Rico Department of Natural and and habitat modeling also show that Perpetuation Within Protected Areas Environmental Resources (PRDNER) further suitable habitat extends outside provided funding to researchers at the traditionally surveyed areas, including As stated above under Recovery University to evaluate the current areas of Pico El Yunque and Pico del Action 4, we have found that the action population status of L. eltoroensis and Este. to establish new populations is no model its demographic variation in longer necessary because additional response to climatic variability (i.e., Recovery Action 5: Refine Recovery subpopulations and individuals have temperature and relative humidity). Criteria been found since the species was listed This research suggests that L. eltoroensis This action has not been met but will (Service 2015, p. 5). Further, suitable population growth rates are highly no longer be necessary. The recovery habitat extends outside traditionally dynamic depending on drought plan states that as additional surveyed areas, including areas of Pico conditions (Mele´ndez-Ackerman et al. information on Lepanthes eltoroensis is El Yunque and Pico del Este. 2018, entire). Partners continue gathered, it will be necessary to better Additionally, relocation of plants is an analyzing the extent by which these define, and possibly modify, recovery effective management strategy to changes may be related to changes in criteria. Based on the information improve and maximize survival and climatic variation in detail by analyzing compiled in the SSA report (Service reproductive success, as has been data from meteorological stations in the 2019, entire), this orchid is projected to demonstrated after hurricane events region, and they recommend periodic remain viable over time such that it no (Benı´tez and Tremblay 2003, pp. 67–69).

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Summary species’’ because of any of the following analysis and describing the expected factors: effect on the species now and in the The recovery plan for Lepanthes (A) The present or threatened foreseeable future. eltoroensis provided direction for destruction, modification, or The Act does not define the term reversing the decline of this species, curtailment of its habitat or range; ‘‘foreseeable future,’’ which appears in thereby informing when the species may (B) Overutilization for commercial, the statutory definition of ‘‘threatened be delisted. The recovery plan outlined recreational, scientific, or educational species.’’ Our implementing regulations two criteria for reclassifying the species purposes; at 50 CFR 424.11(d) set forth a from endangered to threatened: (1) (C) Disease or predation; framework for evaluating the foreseeable Prepare and implement an agreement (D) The inadequacy of existing future on a case-by-case basis. The term between the Service and the USFS regulatory mechanisms; or foreseeable future extends only so far concerning the protection of L. (E) Other natural or manmade factors into the future as the Services can eltoroensis within EYNF, and (2) affecting its continued existence. reasonably determine that both the establish new populations capable of These factors represent broad future threats and the species’ responses self-perpetuation within protected areas. categories of natural or human-caused to those threats are likely. In other These criteria have either been met or actions or conditions that could have an words, the foreseeable future is the are no longer considered necessary. This effect on a species’ continued existence. period of time in which we can make species is protected by Commonwealth In evaluating these actions and reliable predictions. ‘‘Reliable’’ does not law and regulations and will continue to conditions, we look for those that may mean ‘‘certain’’; it means sufficient to be should the species no longer require have a negative effect on individuals of provide a reasonable degree of Federal protection, and the species the species, as well as other actions or confidence in the prediction. Thus, a occurs within a protected wilderness conditions that may ameliorate any prediction is reliable if it is reasonable area that will remain protected and negative effects or may have positive to depend on it when making decisions. managed using techniques that are effects. We consider these same five It is not always possible or necessary beneficial for this species and co- factors in reclassifying a species from to define foreseeable future as a occurring federally listed species. There endangered to threatened and in particular number of years. Analysis of is no evidence that L. eltoroensis or its delisting a species (50 CFR 424.11(c)– the foreseeable future uses the best habitat is being negatively impacted by (e)). scientific and commercial data available forest management activities or will be We use the term ‘‘threat’’ to refer in and should consider the timeframes in the future. Additionally, the general to actions or conditions that are applicable to the relevant threats and to designation of wilderness where the known to or are reasonably likely to the species’ likely responses to those species occurs has eliminated the need negatively affect individuals of a threats in view of its life-history for an agreement between the Service species. The term ‘‘threat’’ includes characteristics. Data that are typically and the USFS to protect this species. actions or conditions that have a direct relevant to assessing the species’ Since the species was listed under the impact on individuals (direct impacts), biological response include species- Act and the recovery plan was written, as well as those that affect individuals specific factors such as lifespan, additional plants have been found, through alteration of their habitat or reproductive rates or productivity, additional plants likely exist in areas required resources (stressors). The term certain behaviors, and other that are unsuitable for surveying, and ‘‘threat’’ may encompass—either demographic factors. the best available information indicates together or separately—the source of the Given the average lifespan of the that additional habitat likely exists. action or condition or the action or species (approximately 5 years), a Therefore, establishment of new condition itself. period of 20 to 30 years allows for populations is not necessary for However, the mere identification of multiple generations and detection of recovery of L. eltoroensis at this time. any threat(s) does not necessarily mean any population changes. Additionally, Additionally, the five recovery actions that the species meets the statutory the species has been listed for close to intended to address threats to the definition of an ‘‘endangered species’’ or 30 years, so we have a baseline to species have all been either met or a ‘‘threatened species.’’ In determining understand how populations have determined no longer to be necessary for whether a species meets either performed in that period, which is a recovery. definition, we must evaluate all similar length of time as between now identified threats by considering the and mid-century. Therefore, the Regulatory and Analytical Framework species’ expected response, and the ‘‘foreseeable future’’ used in this Regulatory Framework effects of the threats—in light of those determination is 20 to 30 years, which actions and conditions that will is the length of time into the future that Section 4 of the Act (16 U.S.C. 1533) ameliorate the threats—on an the Service can reasonably determine and its implementing regulations (50 individual, population, and species that both the future threats and the CFR part 424) set forth the procedures level. We evaluate each threat and its species’ responses to those threats are for determining whether a species is an expected effects on the species, then likely. ‘‘endangered species’’ or a ‘‘threatened analyze the cumulative effect of all of species.’’ The Act defines an the threats on the species as a whole. Analytical Framework ‘‘endangered species’’ as a species that We also consider the cumulative effect The SSA report documents the results is in danger of extinction throughout all of the threats in light of those actions of our comprehensive biological review or a significant portion of its range, and and conditions that will have positive of the best scientific and commercial a ‘‘threatened species’’ as a species that effects on the species—such as any data regarding the status of the species, is likely to become an endangered existing regulatory mechanisms or including an assessment of the potential species within the foreseeable future conservation efforts. The Secretary threats to the species. The SSA report throughout all or a significant portion of determines whether the species meets does not represent our decision on its range. The Act requires that we the definition of an ‘‘endangered whether the species should be determine whether any species is an species’’ or a ‘‘threatened species’’ only reclassified as a threatened species or ‘‘endangered species’’ or a ‘‘threatened after conducting this cumulative delisted under the Act. It does, however,

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provide the scientific basis that informs impacts from hurricanes, such as the USFS finalized a revised land and our regulatory decisions, which involve unfavorable microclimatic conditions resources management plan to guide the the further application of standards resulting from numerous canopy gaps. general direction of EYNF for the next within the Act and its implementing Because so few individuals were known 15 years. This plan specifically includes regulations and policies. The following to occur, the risk of extinction was a set of standards and guidelines to is a summary of the key results and considered to be extremely high (56 FR protect the natural resources within the conclusions from the SSA report; the 60933, November 29, 1991, p. 56 FR El Toro Wilderness, including listed full SSA report can be found at http:// 60935). species. Standards specific to the El www.regulations.gov under Docket No. Toro Wilderness include no salvaging of Summary of Biological Status and FWS–R4–ES–2019–0073. timber, no issuing permits for collection Threats To assess Lepanthes eltoroensis of plants or plant material unless for a viability, we used the three conservation In this section, we review the scientific purpose, no new special-use biology principles of resiliency, biological condition of the species and permits for facilities or occupancy, redundancy, and representation (Shaffer its resources, and the threats that managing recreation to minimize the and Stein 2000, pp. 306–310). Briefly, influence the species’ current and future number of people on the trails, and no resiliency supports the ability of the condition, in order to assess the species’ construction of new trails (USFS 2019, species to withstand environmental and overall viability and the risks to that pp. 1, 32–35). Standards and guidelines demographic stochasticity (for example, viability. for at-risk (including listed) species wet or dry, warm or cold years); Forest Management Practices detailed in the plan include not redundancy supports the ability of the allowing collection of orchids unless species to withstand catastrophic events At the time of listing (1991), approved for scientific purposes and (for example, droughts, large pollution management practices such as making sure forest management events), and representation supports the establishment and maintenance of activities are consistent with recovery ability of the species to adapt over time plantations, selective cutting, trail plans (USFS 2019, p. 62). to long-term changes in the environment maintenance, and shelter construction Implementation of management (for example, climate changes). In were considered threats to Lepanthes practices in EYNF has also improved; general, the more resilient and eltoroensis (56 FR 60933, November 29, there is no selective cutting, and redundant a species is and the more 1991, p. 56 FR 60935). The recovery maintenance is minimal, as both El Toro representation it has, the more likely it plan further indicated that destruction and Trade Winds trails receive few is to sustain populations over time, even and modification of habitat might be the visitors. Mostly researchers and forest under changing environmental most significant factors affecting the personnel use El Toro and Trade Winds conditions. Using these principles, we number of individuals and distribution trails; therefore, few human encounters identified the species’ ecological of the species (Service 1996, p. 5). are expected (USFS 2016, p. 32). requirements for survival and Since the species was listed, several Additionally, the USFS coordinates reproduction at the individual, laws have been enacted that provide with the Service to avoid or minimize population, and species levels, and protections to this species. In 1999, impacts to a number of federally listed described the beneficial and risk factors Commonwealth Law No. 241 (New species (e.g., the endangered plants Ilex influencing the species’ viability. Wildlife Law of Puerto Rico or Nueva sintenisii and palo colorado, and the The SSA process can be categorized Ley de Vida Silvestre de Puerto Rico) threatened elfin-woods warbler) that co- into three sequential stages. During the was enacted to protect, conserve, and occur with L. eltoroensis as part of their first stage, we evaluated individual enhance native and migratory wildlife management practices in accordance species’ life-history needs. The next species (including plants). This law with section 7 of the Act. stage involved an assessment of the requires authorization from the PRDNER There is no evidence suggesting historical and current condition of the Secretary for any action that may affect current forest management practices are species’ demographics and habitat the habitat of any species. Furthermore, negatively affecting the species or its characteristics, including an part of EYNF (including the habitat specialized habitat (adequate explanation of how the species arrived where Lepanthes eltoroensis is currently temperature and moisture regimes, and at its current condition. The final stage known to occur) was congressionally presence of moss) (Service 2019, p. 24). of the SSA involved making predictions designated as the El Toro Wilderness in Furthermore, based on existing laws, we about the species’ responses to positive 2005, to preserve its natural conditions, expect EYNF will remain permanently and negative environmental and including species like L. eltoroensis, protected as a nature reserve and be anthropogenic influences. Throughout inhabiting the area (Caribbean National managed for conservation. Therefore, all of these stages, we used the best Forest Act of 2005 (Pub. L. 109–118); we no longer consider forest available information to characterize the Wilderness Act (16 U.S.C. 1131 et management practices or destruction viability as the ability of a species to seq.); U.S. Forest Service (USFS) 2016, and modification of habitat to be threats sustain populations in the wild over p. 32). The El Toro Wilderness consists to the species. time. We use this information to inform of undeveloped USFS lands and is our regulatory decision. Lepanthes managed to preserve its natural Hurricanes eltoroensis was listed as an endangered conditions without any permanent The restricted distribution of species in 1991, due to its rarity (Factor improvements or human habitation Lepanthes eltoroensis makes it E), its restricted distribution (Factor E), (USFS 2016, p. 32). All known particularly vulnerable to large-scale forest management practices (Factor A), populations of L. eltoroensis occur disturbances, such as hurricanes and impacts from hurricane damage (Factor within this wilderness area. tropical storms, that frequently affect E), and collection (Factor B) (56 FR Scientists who have conducted islands of the Caribbean (NOAA 2018, 60933, November 29, 1991, p. 56 FR research on Lepanthes eltoroensis do unpaginated). Hurricanes are more 60935). The most important factor not consider destruction, curtailment, or frequent in the northeastern quadrant of affecting L. eltoroensis at that time was modification of this species’ habitat to Puerto Rico, where EYNF is located its limited distribution. Additionally, its be a factor threatening this species (White et al. 2014, p. 30). Current global rarity made the species vulnerable to (Ackerman 2007, pers. comm.). In 2019, climate models are rather poor at

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simulating tropical cyclones; however, 1998, non-transplanted populations of The USFS regulations in title 36 of the the Intergovernmental Panel on Climate L. eltoroensis had negative growth rates, Code of Federal Regulations at part 261, Change’s climate simulations project while groups of plants that were section 261.9 (36 CFR 261.9) prohibit that the Caribbean will experience a transplanted to better habitats within damaging or removing any plant that is decrease in tropical cyclone frequency, the forest had positive growth rates classified as a threatened, endangered, but the most intense events will become (Benitez-Joubert and Tremblay 2003, pp. sensitive, rare, or unique species in more frequent (PRCC 2013, p. 10; 67–69). Furthermore, based on data on wilderness areas. Additionally, since Service 2019, p. 56). related species, L. eltoroensis growth the species was listed under the Act in Cloud forests, where this species rates may be negatively affected by 1991, other laws have been enacted that occurs, are much taller than other excess light from gaps caused by felled provide protections to the species from vegetation and are higher in elevation, trees during hurricanes (Fernandez et al. collection or removal. Commonwealth making them more exposed and more 2003, p. 76). Law No. 241 (New Wildlife Law of easily affected by high winds, and they The inherently low redundancy (the Puerto Rico or Nueva Ley de Vida take more time to recover post- ability of a species to withstand Silvestre de Puerto Rico), enacted in disturbance (Hu and Smith 2018, p. catastrophic events) of Lepanthes 1999, protects, conserves, and enhances 827). Heavy rains and winds associated eltoroensis due to its limited range native and migratory wildlife species. with tropical storms and hurricanes makes hurricanes and tropical storms a Specifically, Article 5 of this law cause tree defoliation, habitat primary risk factor. However, given the prohibits collection and hunting of modification due to trees falling, and observed stable trend from past surveys wildlife species, including plants within landslides (Lugo 2008, p. 368). Surveys and recent partial surveys in 2018 the jurisdiction of Puerto Rico, without in 2018 conducted along El Toro Trail (Service 2019, pp. 39, 45–48), it appears a permit from the PRDNER Secretary. In following Hurricane Maria focused on that the species has the ability to 2004, Lepanthes eltoroensis was assessing the impacts to the species and recover from disturbances like included in the list of protected species its host trees (subpopulations). Nineteen hurricanes Hugo, Georges, Hortense, of Regulation 6766 (Reglamento 6766 host trees were not found and assumed Irma, and Maria (Service 2019, pp. 51– para Regir el Manejo de las Especies to be lost due to the hurricane. An 52). Additionally, relocation has proven Vulnerables y en Peligro de Extincio´ n en additional nine host trees were found to be a viable conservation strategy for el Estado Libre Asociado de Puerto knocked down. In total, 641 plants, this species (Benı´tez and Tremblay Rico), which governs the management of including seedlings, juveniles, and 2003, pp. 67–69). Relocating plants from endangered and threatened species reproductive and non-reproductive fallen trees to standing trees following within the Commonwealth of Puerto adults, were found; 322 were found on hurricane events results in higher Rico. Article 2.06 of this regulation previously marked host trees (including survival of those transplanted prohibits collecting, cutting, and 191 individuals on those host trees that individuals. This management strategy removing, among other activities, listed were knocked to the ground), and 319 can improve and maximize species’ plant individuals within the jurisdiction were new individuals not previously of Puerto Rico. surveyed (Melendez-Ackerman 2018, survival and reproductive success after ´ pers. comm.). Given that Lepanthes hurricane events (Benıtez and Tremblay Lepanthes eltoroensis will likely eltoroensis does not persist on felled or 2003, pp. 67–69; Tremblay 2008, pp. remain protected under Commonwealth dead trees (Benı´tez and Tremblay 2003, 83–90). Following this recommendation laws and regulations after Federal pp. 67–69), we assume many of these after Hurricane Maria, researchers from delisting. Commonwealth Regulation 191 individuals (approximately 30 the University translocated some L. 6766 provides protection to species that percent of individuals found) will not eltoroensis individuals along the El Toro are not federally listed or that have been survive, resulting in the loss of those Trail. These individuals are currently removed from the Federal Lists, and the individuals from the metapopulation. being monitored to assess survival. In species will remain protected under the However, individual plants moved to addition, since L. eltoroensis is part of wilderness provisions from the 2016 new host trees do quite well, the USFS’ ‘‘Plant Species of revised land and resource management highlighting the feasibility of relocation Conservation Interest of El Yunque’’ plan for EYNF (USFS 2016, entire). to increase the species’ long-term (USFS 2018, p. 37) and is included in According to this plan, any influences viability in the context of severe the 2016 revised land and resource by humans on the natural process that hurricanes such as Hurricane Maria. management plan that details a take place in the wilderness area will be University researchers translocated management concept focused on to protect endangered and threatened some of these 191 individuals, but conservation, particularly to protect species in addition to human life (USFS because the translocations occurred unique ecological resources (USFS 2016, p. 33). As such, the standards of months after the hurricane, we do not 2016, p. 1), the USFS will continue to the plan include conducting wildlife expect survival to be as high as if it had implement conservation actions, such as and plant habitat/population surveys occurred immediately after the habitat protection, enhancement, and and monitoring in a manner compatible hurricane. Furthermore, this species has relocation of L. eltoroensis individuals with the goals and objectives of persisted from past hurricane events following hurricanes, as deemed wilderness (USFS 2016, p. 34). without active management of necessary. Additional protection measures include not issuing forest product permits for translocating species from felled host Collection trees. collection of plants or plant material in In addition, associated microclimate Collection for commercial or wilderness areas (unless for scientific changes resulting from downed trees recreational purposes eliminated one and educational purposes and approved and landslides after severe storms (e.g., population of Lepanthes eltoroensis by the forest biologist/ecologist), and increased light exposure, reduction in prior to listing under the Act (56 FR management strategies to design, relative humidity) may negatively affect 60933; November 29, 1991). The rarity construct, and maintain trails to the the growth rate of Lepanthes eltoroensis of the species made the loss of even a appropriate trail standard in order to populations (Tremblay 2008, pp. 89– few individuals a critical loss to the meet wilderness standards protections 90). Following Hurricane Georges in species as a whole. (USFS 2016, p. 34).

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Despite the one documented instance increase from the 140 individuals do we believe it will in the foreseeable of collection, the threat of collection is known at the time of listing (Tremblay future. low, given that few people venture into 2008, p. 90). This is because surveys Effects of Climate Change the El Toro Wilderness (Tremblay 2007, have located additional individuals and pers. comm.) and that the small size subpopulations (groups of L. eltoroensis The average temperatures at EYNF (less than 2 in. (4 cm) tall) and on the same host tree), resulting in a have increased over the past 30 years inconspicuousness of this species makes much greater estimate of individuals (Jennings et al. 2014, p. 4; Khalyani et it easy to overlook (Ackerman 2007, than at the time of listing. Therefore, the al. 2016, p. 277). Climate projections pers. comm.; Tremblay 2007, pers. species’ vulnerability to extinction due indicate a 4.6 to 9 degrees Celsius (°C) comm.). Additionally, this species is not to catastrophic events is reduced. (8.2 to 16.2 degrees Fahrenheit (°F)) used for commercial or recreational temperature increase for Puerto Rico Genetic Risks purposes and is not considered to have from 1960–2099 (Khalyani et al. 2016, ornamental value (Service 2015, p. 8). The main genetic risk factor for the p. 275). Additionally, projections Despite photos of the species on the species is low genetic variability. The indicate a decrease in precipitation and internet, there is no direct evidence that effective population size (number of acceleration of the hydrological cycles the species is in private collections or individuals in a population that resulting in wet and dry extremes that it has been advertised for sale. In contribute offspring to the next (Jennings et al. 2014, p. 4; Cashman et addition, since early 2017, researchers generation) ranges from 3 to 9 percent al. 2010, pp. 52–54). In one downscaled from the University monitored of the standing population (number of model, precipitation is projected to population trends on all known host individuals in a population) (Tremblay decrease faster in wetter regions like the trees on a monthly basis, and recorded and Ackerman 2001, entire). In other Luquillo Mountains, where EYNF is no evidence of poaching (e.g., unusual words, for every 100 adults, maybe 9 located, and the central mountains of missing plants or scars on the trees). will transfer genes to the next Puerto Rico (Khalyani et al. 2016, p. Thus, there is no evidence that generation. In addition, although 274). In contrast, higher elevations may collection is currently impacting Lepanthes eltoroensis can survive for up have a buffering effect on declining Lepanthes eltoroensis (Service 2019, p. to 50 years, most seedlings and trends in precipitation (Bowden 2018, 24) or is likely to do so in the future. juveniles die (Tremblay 2000, p. 264). pers. comm.; Service 2019, pp. 65–66). Therefore, very few individuals are Downscaled modeling for Puerto Rico Small Population Size and Low responsible for the majority of seed was based on three Intergovernmental Reproduction production, decreasing the genetic Panel on Climate Change global The smaller the population, the diversity as a whole in subpopulations emissions scenarios from phase 3 of the greater the probability that fluctuations (Mele´ndez-Ackerman and Tremblay Coupled Model Intercomparison Project in population size from stochastic 2017, pp. 5–6). Low genetic diversity (the CMIP3 data set): Mid-high (A2), variation (e.g., reproduction and may be reflected in reduced genetic and mid-low (A1B), and low (B1) as the mortality) will lead to extirpation. There environmental plasticity, and, thus, low CMIP5 data set was not available for are also genetic concerns with small ability to adapt to environmental Puerto Rico at that time (Khalyani et al. populations, including reduced changes. However, L. eltoroensis has 2016, p. 267 and 279–280). These availability of compatible mates, genetic demonstrated the ability to withstand scenarios are generally comparable and drift, and inbreeding depression. Small environmental change; therefore, low span the more recent representative subpopulations of Lepanthes eltoroensis genetic diversity does not appear to be concentration pathways (RCP) scenarios are particularly vulnerable to stochastic affecting the species’ viability. from RCP4.5 (B1) to RCP8.5 (A2) (IPCC events, thus contributing to lower There is evidence of low gene flow in 2014, p. 57). Under all of these species viability (Service 2019, p. 24). the species. Estimated gene flow in scenarios, emissions increase, Lepanthes eltoroensis may experience Lepanthes eltoroensis is less than two precipitation declines, temperature and declining growth related to the uneven effective migrants per generation total dry days increase, and portions of distribution of individuals among host (Tremblay and Ackerman 2001, p. 54). subtropical rain and wet forests (that trees and demographic processes (e.g., This result implies that most mating is Lepanthes eltoroensis occupies) are lost, reproductive success, survival), which among individuals within a host tree, while all wet and moist forest types can be negatively influenced by potentially resulting in high inbreeding, decrease in size in Puerto Rico; the environmental and catastrophic risks low genetic variability, and inbreeding differences in the scenarios depends on (Service 2019, p. 25). Fruit production depression (Tremblay and Ackerman the extent of these changes and the is limited; therefore, opportunities for 2001, pp. 55–58). If there are high rates timing of when they are predicted to establishment are limited. Less than 20 of inbreeding, this could lead to occur (Service 2019, p. 67). percent of individuals reproduce, and inbreeding depression, and could have In general, projections show similar most subpopulations (60 percent of host profound long-term negative impacts to patterns of changes in precipitation and trees) have fewer than 15 individuals. In the viability of the species (Service drought intensity and extremes, addition, the distribution of individuals 2019, pp. 28–29). However, the species although total changes were greater for (seedling, juvenile, and adults) varies is likely an obligate cross-pollinated the A2 scenario (Khalyani et al. 2016, enormously among trees and is skewed species (Tremblay et al. 2006, p. 78), pp. 272–273, 274; Service 2019, pp. 59– towards few individuals per tree which is a mechanism to reduce 60). Under scenarios A2, A1B, and B1, (Tremblay and Velazquez-Castro 2009, inbreeding. Although the effects of annual precipitation is projected to p. 214). Despite small subpopulations of potential inbreeding in the future is decrease. Current annual precipitation L. eltoroensis with limited distribution possible, the species has demonstrated in Puerto Rico averages 745 to 4,346 mm and naturally limited fruit production, the ability to adapt to changing (29 to 171 in.). However, differences in this species has continued to recover environmental conditions (i.e., natural precipitation between the three even after regular exposure to disturbances) over time (Service 2019, scenarios were greater after mid- disturbances. We now estimate the p. 54). Thus, both low genetic diversity century, as was uncertainty of species’ species population to be 3,000 and low gene flow do not appear to be response to the various scenarios past individuals, which is a significant affecting species’ viability currently, nor mid-century (Khalyani et al. 2016, p.

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274). Before then, decreases in rainfall tropical. Under all three scenarios, substantially after mid-century, making are expected to be far less; rainfall models show decreasing trends in size projections beyond 20 to 30 years more decreases are expected to be 0.0012 to for areas currently classified as wet and uncertain; as a result, the species’ 0.0032 mm per day per year through moist zones, while increasing trends response to those changes beyond 30 2050 (PRCC 2013, p. 7). Additionally, were observed in the size covered by years into the future is also uncertain for all three climate scenarios, dry zones (Khalyani et al. 2016, pp. 275, (Khalyani et al. 2016, p. 275). significant decreases in precipitation for 279). Therefore, under all scenarios, Climate change is a primary risk the northern wet forests (like EYNF) are reduction of the size of areas covered by factor to the species; however, under all not predicted until after 2040 (Service subtropical rain and wet forests are climate emission scenarios, Lepanthes 2019, p. 60). Furthermore, the U.S. anticipated. Nonetheless, the loss of wet eltoroensis is projected to remain Geological Survey projection for Puerto and moist zones in the northeastern moderately resilient within the Rico predicts an overall drying of the mountain area that supports Lepanthes foreseeable future. There is very little island and a reduction in extreme eltoroensis is not predicted to be projected contraction of the wet and rainfall occurrence; however, this model substantial, and the area is predicted to moist forests 30 years into the future. suggests higher elevations, like those remain relatively stable until after 2040 Although increasing catastrophic supporting L. eltoroensis, may have a (Service 2019 p. 69). This may be due hurricanes are possible, relocation of buffering effect on declining trends in to possible buffering effects of elevation plants and appropriate forest precipitation (Bowden 2018, pers. across the island. management can ameliorate some of comm.). Therefore, precipitation This projected shift of the life zones these impacts. Overall, the viability of declines are not likely to occur in the of Puerto Rico from humid to drier is the species is predicted to remain stable area supporting L. eltoroensis during the the most important potential risk to despite climate change impacts. Lepanthes eltoroensis. This includes foreseeable future. On the other hand, Cumulative Effects drought intensity increased steadily changes in relative area and distribution under all three scenarios (Khalyani et al. pattern of the life zones, and the We note that, by using the SSA 2016, pp. 274–275). This increase is disappearance of humid life zones framework to guide our analysis of the linear for all three scenarios. Given that (Khalyani et al. 2016, p. 275). Decreased scientific information documented in the projections for precipitation and rainfall in northeastern Puerto Rico the SSA report, we have not only drought diverge significantly after could cause migration, distribution analyzed individual effects on the midcentury, it is difficult to reasonably changes, and potential extirpation of species, but we have also analyzed their determine the species’ response to the many species that depend on the unique potential cumulative effects. We coming changes. environmental conditions of the rain incorporate the cumulative effects into All three scenarios predict increases forest (Weaver and Gould 2013, p. 62). our SSA analysis when we characterize in temperature (Khalyani et al. 2016, p. These projections may have direct the current and future condition of the 275). However, like with precipitation, implications for L. eltoroensis because species. To assess the current and future projected increases in temperature are the acreage of the lower montane wet condition of the species, we undertake not substantial until after 2040. forest life zone it occupies could an iterative analysis that encompasses Projections show only a 0.8 °C (1.4 °F) decrease, resulting in less habitat being and incorporates the threats increase by mid-century under all three available for the species. Epiphytes like individually and then accumulates and scenarios. These scenarios differentiate L. eltoroensis could experience moisture evaluates the effects of all the factors the most from each other in later time stress due to higher temperatures and that may be influencing the species, intervals (after 2040) (Khalyani et al. less cloud cover with a rising cloud including threats and conservation 2016, pp. 275, 277). Also, we are not base, affecting their growth and efforts. Because the SSA framework aware of any information that indicates flowering (Nadkarni and Solano 2002, p. considers not just the presence of the these air temperature increases will 584). Due to its specialized ecological factors, but to what degree they influence formation of the cloud cover requirements and restricted collectively influence risk to the entire over EYNF in the foreseeable future, distributions within the dwarf forest, L. species, our assessment integrates the which could in turn impact interior eltoroensis could be more adversely cumulative effects of the factors and temperatures and humidity of the forest impacted by the effects of climate replaces a standalone cumulative effects where Lepanthes eltoroensis is found. change than other species with wider analysis. The divergence of all scenarios after distribution (e.g., lower elevation Summary of Current Condition 2040 makes it difficult to predict the species) and greater plasticity, thus species’ likely future condition; reducing its viability. However, Viability is defined as the ability of therefore, we are relying on species’ predictions of life zone changes are not the species to sustain populations in the response 20 to 30 years into the future. expected to affect resiliency of L. wild over time. To assess the viability Climatic changes are projected in the eltoroensis within the foreseeable future of Lepanthes eltoroensis, we used the life zone distributions in Puerto Rico, (Service 2019, p. 69). three conservation biology principles of although the changes vary by life zone Overall, we anticipate the range of resiliency, representation, and and are predicted to be much more Lepanthes eltoroensis could contract redundancy (Shaffer and Stein 2000, pp. significant after mid-century. Because due to changes in climatic variables 306–310). life zones are derived from climate leading to loss of wet and tropical Factors that influence the resiliency of variables (e.g., precipitation and montane habitats. Although changes to Lepanthes eltoroensis include temperature), general changes in life precipitation and drought, temperature, abundance and growth trends within zone distribution are similar to changes life zones, and hurricane severity are host trees; habitat factors such as in climatic variables. For example, expected to occur on Puerto Rico, elevation, slope, aspect, precipitation, annual precipitation changes will result thereby affecting the species’ habitat, temperature, and canopy cover; and in shifts from wet and moist zones to they are not predicted to be substantial presence of moss, mycorrhizal fungi, drier zones (Khalyani et al. 2016, p. over the next 20 to 30 year foreseeable and pollinators. Influencing those 275), and changes in temperature will future. Modeling shows the divergence factors are elements of L. eltoroensis’s result in changes from subtropical to in these projections increases ecology that determine whether

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populations can grow to maximize listing, such as habitat destruction and descriptions of the likely impacts of habitat occupancy, thereby increasing collection, are no longer acting as climate change under the above three resiliency. Stochastic factors that have stressors upon the species. Finally, scenarios from the literature and is the potential to affect L. eltoroensis because the population is significantly intended to capture the uncertainty in include impacts to its habitat from larger than was known at the time of the species’ response to climate hurricanes and effects of climate change listing, representation has improved. stressors as well as capture our lack of (i.e., changes in temperature and Redundancy for Lepanthes eltoroensis is information on abundance and growth precipitation regimes). Beneficial factors the total number and resilience of rates relative to each scenario. that influence resiliency include the subpopulations and their distribution Although modeling projects large protected status of the species’ habitat, across the species’ range. This species is changes in temperature and as the known range of the species is endemic to EYNF, and it has not been precipitation to Puerto Rico through entirely within the El Toro Wilderness introduced elsewhere. Despite the 2100, the divergence in these and, therefore, protected from human- presence of multiple subpopulations projections increases substantially after caused habitat loss and collection. (i.e., host trees), these subpopulations mid-century, making projections beyond The number of Lepanthes eltoroensis are located within a narrow/restricted 20 to 30 years more uncertain (Khalyani individuals is greater than at the time of range at El Toro Wilderness and are all et al. 2016, p. 275). By mid-21st century, listing (Tremblay 2008, p. 90), exposed to similar specific habitat and Puerto Rico is predicted to be subject to approximately 3,000 individual plants environmental conditions. Although a decrease in rainfall, along with currently. The distribution of L. redundancy is naturally low due to the increase drought intensity, particularly eltoroensis has not been investigated narrow range that the species inhabits, in wetter regions like EYNF (Khalyani et outside of traditional areas (i.e., just off it has recovered from past natural al. 2016, pp. 265, 274–275). Given the El Toro and Trade Wind trails); disturbances (i.e., hurricanes, tropical average lifespan of the species however, additional populations may storms, etc.) and is considered more (approximately 5 years), a period of 20 occur within suitable habitat outside El abundant within its habitat than to 30 years allows for multiple Toro Trail. In fact, additional previously documented, as noted above. generations and detection of any individuals have been found near, but population changes. outside of, El Toro Trail (Tremblay Projected Future Status In summary, changes to precipitation 2008, p. 90). Assuming a Lepanthes eltoroensis only occurs and drought, temperature, and life zones metapopulation size of 3,000 within the protected EYNF lands where are expected to occur on Puerto Rico, individuals and observed stable stressors—including forest management but are not predicted to be substantial subpopulations from past surveys practices, urban development within the foreseeable future. Although (including recent partial surveys in surrounding EYNF, and modeling shows changes to Puerto Rico 2018), these numbers indicate that the overcollection—are not expected to be through 2100, the divergence in these species has the ability to recover from present or are expected to remain projections increases after mid-century, normal stochastic disturbances; thus, we relatively stable. Because L. eltoroensis making projections beyond 20 to 30 consider the species to be moderately occurs on protected lands managed by years more uncertain; as a result, the resilient. the USFS, it will benefit from their species’ response beyond 20 to 30 years We lack the genetic and ecological ongoing conservation practices, which is also uncertain. diversity data to characterize include the relocation of plants from These projected changes may have representation for Lepanthes eltoroensis. fallen host trees after a hurricane, as direct or at least indirect effects on In the absence of species-specific deemed necessary, to alleviate the Lepanthes eltoroensis; however, genetic and ecological diversity negative impacts of these storm events. viability of the species under all information, we typically evaluate The effect of genetic drift on the species scenarios is expected to remain stable representation based on the extent and into the future is unknown, but L. within the foreseeable future (Service variability of habitat characteristics eltoroensis has thus far demonstrated 2019, p. 71). Potential direct effects across the geographical range. Because the ability to adapt to changing include a reduced number of seedlings the species does not appear to have environmental conditions (i.e., natural as the number of dry days increase, a much physiological flexibility given that disturbances) over time (Service 2019, reduced number of fruits as minimum it has a rather restricted distribution pp. 51–52). The primary stressors average temperature increases, and a (cloud forests on ridges), representative affecting the future condition of L. reduced number of adults as maximum units were not delineated for this eltoroensis are current and ongoing temperature increases (Olaya-Arenas et species. Available data suggest that climate change (Mele´ndez-Ackerman al. 2011, p. 2042). Indirect effects are conditions are present for genetic drift and Tremblay 2017, p. 1) and the related to potential changes in moss and inbreeding depression (Tremblay associated shifts in rainfall, cover and composition due to 1997a, p. 92). However, the most temperature, and storm intensities. temperature and precipitation changes. updated L. eltoroensis information These stressors account for indirect and Data from related species showed that shows that the species survived the direct effects at some level to all life orchid density, growth, and almost entire deforestation of the stages and across the species’ range. establishment were positively lowlands of EYNF (habitat surrounding To examine the potential future associated with moss species richness the known localities of L. eltoroensis) condition of Lepanthes eltoroensis, we (Crain 2012, pp. 15–16; Garcia-Cancel et and the associated changes in used three future scenarios based on al. 2013, p. 6). Therefore, a change in microhabitat conditions, and thus the climate change predictions for Puerto forest temperature and humidity could species has the ability to adapt to Rico (Khalyani et al. 2016, entire), affect the establishment and distribution changing environmental conditions (i.e., which used global emission scenarios of moss and also L. eltoroensis (Service natural disturbances) over time and (mid-high (A2), mid-low (A1B), and low 2019, p. 11). does not appear to be effected by genetic (B1) (Nakicenovic and Swart 2000, Persistence of the species through drift at present. Furthermore, some of entire)) to capture a range of possible repeated past hurricanes and other the factors that we concluded would scenarios. Our assessment of future storms indicates that the species has the reduce representation at the time of viability includes qualitative ability to recover and adapt from

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disturbances. In fact, many researchers the past, and we expect it to remain this final rule, as appropriate, in at EYNF have concluded that hurricanes viable within the foreseeable future. response to the comments and are the main organizing force of the Because the species has a rather suggestions we received from the peer forests (Service 2019, p.71). The forests restricted distribution, representative reviewer. go through a cycle that averages 60 units were not delineated for this Public Comments years, starting with great impact by species. The current condition of low winds and rain of a hurricane, and then genetic and environmental diversity, We reviewed all public comments for 60 years of regrowth (Lugo 2008, p. and little breadth to rely on if some substantive issues and new information 371). In those 60 years of regrowth, plants are lost, is expected to continue regarding the species. Substantive complete changes in the species that under all scenarios, at least through the comments we received during the dominate the landscape can occur. next 20 to 30 years. Available data comment period are addressed below Although the hurricane appears suggest that conditions are present for and, where appropriate, are destructive, it can be constructive genetic drift and inbreeding. However, incorporated directly into this final rule. because it makes the area more Lepanthes eltoroensis has demonstrated (1) Comment: One commenter productive—it rejuvenates the forest the ability to adapt to changing indicated that the species should not be (Service 2019, p. 71). Currently, EYNF environmental conditions (i.e., natural delisted because the population growth is at the initial phase of early succession disturbances) over time and does not rate is highly variable, and the following Hurricane Maria (2017), appear to be affected by genetic drift. population is generally decreasing; which produced severe tree mortality further, seedling individuals are slowly Summary of Comments and and defoliation, including Lepanthes decreasing, and plant mortality is Recommendations eltoroensis host trees. slowly increasing following Hurricane In general, we anticipate the range of In the proposed rule published on Maria in September 2017. the species may contract somewhat due March 10, 2020 (85 FR 13844), we Our Response: The commenter did to changes in climatic variables, requested that all interested parties not provide substantial new information although the loss of wet and moist zones submit written comments on the to support this comment. In addition, in the northeastern mountain area that proposed delisting of Lepanthes we do not have evidence indicating the supports Lepanthes eltoroensis is not eltoroensis and the draft post-delisting species shows a long-term (over the past predicted to be substantial within the monitoring (PDM) plan by May 11, three decades) decreasing trend. In fact, foreseeable future (Service 2019, p. 66). 2020. We also contacted appropriate the overall number of individuals Any range contraction may be Federal and State agencies, scientific detected has increased since the time of exacerbated by an increase in the experts and organizations, and other listing (1991) from 140 to approximately frequency and severity of hurricanes. interested parties and invited them to 3,000 individuals estimated along the However, as the species occurs within comment on the proposal and plan. A Trade Winds Trail (Tremblay 2008, p. EYNF, synergistic negative effects of newspaper notice inviting general 90). Further populations (host trees) are development and deleterious forest public comments was published in expected to occur within suitable management practices are unlikely Primera Hora (major local newspaper) habitat just outside this trail in areas threats to the species in the future. and also announced using online and that have not yet been surveyed due to Lepanthes eltoroensis and its habitat at social media sources. We did not the inaccessibility and steepness of the the EYNF are protected by congressional receive any requests for a public terrain (Tremblay 2008, p. 90). Thus, the designation of El Toro Wilderness Area hearing. species’ viability is supported by information showing an increased (Forest Plan 2016, p. 32), thus Peer Review precluding human disturbance. Because number of individuals over the past the EYNF management plan includes a In accordance with our joint policy on three decades. set of standards and guidelines to peer review published in the Federal The species’ mean lifespan is protect the natural resources within the Register on July 1, 1994 (59 FR 34270), approximately 5.2 years, with an El Toro Wilderness, including co- and the Service’s August 22, 2016, average annual mortality rate of 10 occurring federally listed species (e.g., Director’s Memo on the Peer Review percent; however, this mortality rate Ilex sintenisii and palo colorado) Process, we sought the expert opinions varies greatly among life stages, with (Service 2019, pp. 1, 32–35), the Service of five appropriate and independent increased survival of older stages anticipates continued implementation specialists regarding the SSA report for (adults) (Tremblay 2000, p. 265; Rosa- of conservation and management Lepanthes eltoroensis. These peer Fuentes and Tremblay 2007, p. 207). practices to improve the habitat of all reviewers have expertise in L. This relatively short lifespan coupled species within the area, including eltoroensis or similar epiphytic orchid with a relatively high mortality rate actions to mitigate hurricane impacts. species’ biology or habitat, or climate indicates that the species probably To summarize the future viability of change. We received comments from would have gone extinct were it not Lepanthes eltoroensis, resiliency is one of the five peer reviewers. The currently viable. projected to remain moderate through at purpose of peer review is to ensure that A seasonal decrease in number of least the next 20 to 30 years under all our decisions are based on scientifically seedlings may also be associated with future scenarios. As mentioned above, sound data, assumptions, and analyses. transition to more mature stages very little contraction of the wet and We reviewed all comments received (juveniles and non-reproductive adults). moist forests is predicted within this from the peer reviewer for substantive As expected, a higher mortality of timeframe. Although increasing issues and new information contained seedlings (80.3 percent) was found 6 catastrophic hurricanes are possible, in the Lepanthes eltoroensis SSA report. months after Hurricane Maria due to the relocation of plants can ameliorate some The peer reviewer generally concurred changes in canopy structure and of these impacts. Redundancy is with our methods and conclusions, and associated microhabitat conditions that expected to remain stable under all provided additional information, promoted drought stress (Melendez- scenarios for the next 20 to 30 years. clarifications, and suggestions to Ackerman et al. 2019, p. 4). However, an However, Lepanthes eltoroensis has improve the final SSA report. We overall survival rate for monitored persisted through catastrophic events in revised the final SSA, which supports plants was found to be approximately

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80 percent (Melendez-Ackerman et al. microhabitat conditions (i.e., higher species is not atypical of orchids of this 2019, p. 5). In addition, in August 2018, temperature and evapotranspiration) type; thus, we do not consider it a at least 1,105 live individuals (768 in caused by these disturbances and concern for the future viability of the the El Toro trail and 337 in a portion of stochastic events. species. Finally, delisting the species the Trade Winds trail) distributed across As addressed in the Lepanthes does not prevent continued research on 61 phorophytes (host trees) were eltoroensis SSA report (Service 2019, p. the species. recorded after Hurricane Maria. While 73), hurricanes are the main organizing (4) Comment: One commenter the surveyed number (1,105 force of the forests of EYNF, and the indicated that the species should not be individuals) is less than the estimated forests goes through a cycle that delisted because its habitat has not been 3,000 population size, this is the result averages 60 years (Lugo 2008, p. 383). completely surveyed, and there is a of monitoring of accessible habitat The cycle starts with great impact from need to gather information on the following the hurricane, and there is a winds and rain of a hurricane followed species’ distribution and abundance. consensus among experts that the by 60 years of regrowth. Thus, L. Our Response: As stated above, we species’ distribution extends beyond the eltoroensis is naturally adapted to make our status determinations based surveyed areas. hurricane disturbance, and we expected on the best available scientific and (2) Comment: Several commenters it to remain viable in habitats subject to commercial data at the time the indicated that the species should not be such intermittent disturbances (e.g., determination is made. Our analysis of delisted based on the impacts from hurricanes) (Crain et al. 2019, p. 89). the best commercial and scientific hurricanes, including expected higher Direct impacts to L. eltoroensis information available indicates that frequency and intensity of hurricanes occurred from Hurricane Maria, and Lepanthes eltoroensis does not meet the associated with climate change. seedlings experienced high mortality Act’s definitions of an ‘‘endangered Commenters indicated that the species’ following the disturbance (Melendez- species’’ or a ‘‘threatened species.’’ habitat is still recovering from the Ackerman 2019, p. 4; Herna´ndez-Mun˜ iz Despite the limited range of this species, impacts of Hurricane Maria in 2017, as et al., accepted for publication, entire). we determined that stressors either have shown by low percentage of forest cover However, 16 previously unknown host not occurred, have been ameliorated, or (34 percent in June 2019), increase in trees (new populations) were recorded are not expected to occur to the extent higher monthly averages in minimum during post-hurricane surveys, anticipated at the time of listing in 1991. temperatures, and lower number of indicating the species may be more We acknowledge that the species has moss species. One commenter expressed widespread within its habitat not been extensively surveyed outside that, in general, the occurrences of (Melendez-Ackerman 2019, p. 2; the El Toro and Trade Winds trails due Lepanthes spp. are correlated with high Herna´ndez-Mun˜ iz et al., accepted for to the areas’ remoteness and steep levels of moss cover, moss cover seems publication, entire). topography (Service 2019, p. 19). to be important for orchid growth and Despite the species’ apparent However, new occupied host trees were survival, and moss cover was affected preference for caimitillo (Micropholis identified after Hurricane Maria, by the hurricane. The commenter also garciniifolia) (endemic to the higher indicating the species extends beyond mentioned that the L. eltoroensis elevations of EYNF) as a host tree, there previously known areas. Additionally, population is still at pre-hurricane are records of L. eltoroensis growing on species experts from University of levels, having only added 100 palma de sierra (Prestoea acuminata) Puerto Rico (University), in individuals during surveys conducted and helecho arboreo (Cyathea arborea), collaboration with the USFS and the post-hurricane and comparing with the which are fast-growing species with Service, developed a habitat model numbers obtained as part of the widespread distributions within L. using environmental variables such as assessments commissioned by the eltoroensis habitat whose abundance is elevation, aspect, and a topographic Service prior to Hurricane Maria. favored by hurricanes. Therefore, the position index and heat load (Sparklin Our Response: As recognized in the availability of potential host trees for L. 2020, unpublished data). Although this proposed rule and the SSA report, we eltoroensis should not be a limiting model is pending field validation, the acknowledge the impacts from factor following hurricanes. result from this analysis shows that hurricanes and their expected higher (3) Comment: One commenter further suitable habitat extends outside frequency due to climate change. indicated that the species should not be traditionally surveyed areas, including Lepanthes eltoroensis is endemic to El delisted because there is a need of areas of Pico El Yunque and Pico del Toro and Trade Winds trails at El crucial data on the species’ reproductive Este (Sparklin 2020, unpublished data). Yunque National Forest (EYNF), an area biology (e.g., breeding system and For these reasons, current population subject to recurrent hurricanes and pollinators), the feasibility of numbers are likely underestimated as storms. The continued presence and propagation, habitat requirements, and the species is expected to be more viability of the species through repeated the ecology of the species. widespread particularly considering the past hurricanes (e.g., Hugo, Hortense, Our Response: We are required to pristine status of its habitat. Further, Georges, Irma, and Maria) shows the make our determinations based on the delisting the species does not prevent species has the ability to overcome and best available scientific and commercial future study or habitat surveys. adapt from such disturbances. In fact, data at the time the determination is (5) Comment: We received public the species survived the peak in made. A need for further research on a comments indicating that the species deforestation in Puerto Rico, including species is not necessarily relevant to the should not be delisted because the deforestation of the lowlands of EYNF, question of whether the species meets Service has not completed the recovery and the impact of Hurricane San Felipe the definition of an ‘‘endangered actions stated in the species recovery II in 1928, the only category 5 hurricane species’’ or a ‘‘threatened species.’’ plan. Two commenters indicated that on record to directly impact Puerto Regardless of the mechanism for the species should not be delisted Rico. Thus, the species has been pollination of the species, reproduction because an agreement between the exposed to extreme natural disturbance and recruitment of Lepanthes Service and the USFS concerning the and landscape modification via forest eltoroensis is occurring, evidenced by protection of Lepanthes eltoroensis cover loss and moss reduction at EYNF the presence of different size classes. within the El Yunque National Forest that likely resulted in changes in The reportedly low fruit set of the property has not been prepared and

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implemented (Recovery Objective #1). been found as part of increased survey or ‘‘threatened species.’’ The Act defines In addition, two commenters indicated efforts. Moreover, recent habitat an ‘‘endangered species’’ as a species that the species should not be delisted modeling indicates suitable habitat that is in danger of extinction because new populations (the number of extends beyond traditional surveyed throughout all or a significant portion of which should be determined following areas; thus, population numbers are its range, and a ‘‘threatened species’’ as the appropriate studies) capable of self- expected to be higher. a species that is likely to become an perpetuation have not been established (6) Comment: Several commenters endangered species within the within protected areas (Recovery indicated that the species should not be foreseeable future throughout all or a Objective #2). delisted because it is still threatened by significant portion of its range. For a Our Response: Recovery plans potential overutilization for commercial, more detailed discussion on the factors provide roadmaps to species recovery, recreational, scientific, or educational considered when determining whether a but are not required in order to achieve purposes (Factor B); disease or species meets the definition of an recovery of a species or to evaluate it for predation (Factor C); the inadequacy of endangered species or a threatened delisting. In addition, recovery plans are existing regulatory mechanisms (Factor species and our analysis on how we also nonbinding documents that rely on D); and other natural or manmade determine the foreseeable future in voluntary participation from factors (Factor E). Particularly, one making these decisions, please see landowners, land managers, and other commenter highlighted the potential Regulatory and Analytical Framework. recovery partners. A determination of impacts due to overutilization for whether a valid, extant species should commercial and recreational purposes Status Throughout All of Its Range be delisted is made solely on the and that the species may be in private After evaluating threats to the species question of whether it meets the Act’s collections. One commenter indicated and assessing the cumulative effect of definitions of an ‘‘endangered species’’ that several Lepanthes species may exist the threats under the section 4(a)(1) or a ‘‘threatened species.’’ We have ex-situ in private collections in the factors, we note that more individuals determined that Lepanthes eltoroensis Netherlands, provided a photo, and are known to occur than at the time of does not. suggested further investigation to listing. Additionally, the best As addressed under Recovery and potential poaching is needed. metapopulation estimate of 3,000 Recovery Plan Implementation in the Our Response: The commenters did individuals is likely an underestimate, proposed rule (85 FR 13844, pp. 13852– not provide substantial new information as not all potential habitat has been 13854), we consider the need for an indicating that Factors B, C, D, and E are surveyed. Despite the effects of a small agreement between the Service and threats to Lepanthes eltoroensis. We are population size, continued limited USFS as obsolete. At the time the proactively collaborating with the distribution, and conditions rife for low recovery plan was approved in 1996, species’ experts, and no specific gene flow (Factor E), the species has this agreement was deemed as needed information on these issues have been adapted to changing environmental because the potential of habitat brought to our attention or highlighted conditions. Threats from incompatible modification due to forest management as a threat. As for the potential poaching forest management practices (Factor A) practices (e.g., establishment and of the species, the known populations and collection (Factor B) have been maintenance of plantations, selective and prime habitat occur on Federal addressed by regulatory changes, and cutting, trail maintenance, and shelter lands congressionally designated as the are not anticipated to negatively affect construction). However, the habitat El Toro Wilderness to preserve its Lepanthes eltoroensis in the future. where L. eltoroensis is found was natural conditions, including L. Although hurricanes (Factor E) have the congressionally designated as El Toro eltoroensis. Standards specific to the El potential to negatively impact growth Wilderness Area in 2005. This Toro Wilderness include no salvaging of rates and survival of L. eltoroensis, designation provides stronger protection timber, no issuing permits for collection stable subpopulations, even after recent for L. eltoroensis than a conservation of plants or plant material unless for a severe hurricanes, indicate this species agreement would. The designated scientific purpose, no new special-use recovers from these natural wilderness area is managed to retain permits for facilities or occupancy, disturbances. The greatest threat to the primitive character without any managing recreation to minimize the future of L. eltoroensis comes from the permanent improvements or human number of people on the trails, and no effects of climate change (Factor E); habitation, and to preserve its natural construction of new trails. In addition, however, while changes to precipitation conditions (USFS 2016, pp. 32–35). the known populations of L. eltoroensis and drought, temperature, and life zones Currently, trails across L. eltoroensis occur on remote areas with little human are expected to occur on Puerto Rico, habitat are used mostly by researchers traffic, and are subject to surveillance by they are not predicted to be substantial and forest personnel; few human USFS law enforcement officers. The within the foreseeable future, and the encounters are expected on these trails Netherlands record is from a photo, and viability of the species is expected to (USFS 2016, pp. 32–35), and no it is not clear that it is actually from a remain stable. We anticipate small evidence indicates that forest private collection. There is no evidence population dynamics (small population management practices are negatively indicating that Lepanthes eltoroensis size and restricted gene flow) (Factor E) impacting the species. has been advertised for sale or that it is will continue to be a concern, as Also addressed under Recovery and in private collections. In addition, there conditions for genetic drift are present, Recovery Plan Implementation in the is no historical or current evidence of nonetheless L. eltoroensis has proposed rule (85 FR 13844, pp. 13852– poaching of the species. demonstrated the ability to adapt to 13854), the second recovery criterion changing environmental conditions over regarding establishment of new Determination of Status of Lepanthes time at population levels lower than populations capable of self-perpetuation Eltoroensis they are currently or projected to be in within protected areas is no longer Section 4 of the Act (16 U.S.C. 1533), the future. necessary because additional and its implementing regulations (50 The species was originally listed as an populations (host trees) and individuals CFR part 424), set forth the procedures endangered species due to its rarity, have been found since the species was for determining whether a species meets restricted distribution, specialized listed. In addition, new host trees have the definition of ‘‘endangered species’’ habitat, and vulnerability to habitat

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destruction or modification, as well as determine that L. eltoroensis is not in 4053447 (N.D. Cal. Aug. 24, 2018), and because of collection for commercial/ danger of extinction now nor likely to Center for Biological Diversity v. Jewell, recreational uses. We find that these become so within the foreseeable future 248 F. Supp. 3d, 946, 959 (D. Ariz. threats are no longer affecting the status throughout all of its range. 2017). of the species, as they have been Status Throughout a Significant Portion Determination of Status minimized or eliminated. Surveys over of Its Range the past 18 years, including following Our review of the best available two strong hurricanes in 2018, Under the Act and our implementing scientific and commercial data indicates documented more individuals than regulations, a species may warrant that Lepanthes eltoroensis does not meet known at the time of listing, and the listing if it is in danger of extinction or the definition of an endangered species population appears to be relatively likely to become so within the or a threatened species in accordance stable. The habitat at EYNF, where the foreseeable future throughout all or a with sections 3(6) and 3(20) of the Act. species occurs, is a designated significant portion of its range. Having Therefore, we are removing Lepanthes wilderness area and managed for its determined that Lepanthes eltoroensis is eltoroensis from the Federal List of not in danger of extinction or likely to Endangered and Threatened Plants. natural conditions; we conclude that become so within the foreseeable future this legal protection has addressed the Effects of This Rule throughout all of its range, we now threat of habitat modification or consider whether it may be in danger of This final rule revises 50 CFR 17.12(h) destruction to the degree that it is no extinction or likely to become so within to remove Lepanthes eltoroensis from longer a threat to the species continued the foreseeable future in a significant the Federal List of Endangered and existence. In addition, collection is portion of its range—that is, whether Threatened Plants. Therefore, revision prohibited under Puerto Rican law and there is any portion of the species’ range of the species’ recovery plan is not USFS regulations, and there is no for which it is true that both (1) the necessary. On the effective date of this indication this is a current threat to the portion is significant; and (2) the species rule (see DATES, above), the prohibitions species. Stability of the species through is in danger of extinction now or likely and conservation measures provided by repeated past strong hurricanes to become so in the foreseeable future in the Act, particularly through sections 7 indicates the species has the ability to that portion. Depending on the case, it and 9, no longer apply to this species. coexist with disturbances. While a might be more efficient for us to address Federal agencies will no longer be narrow endemic, the species has the ‘‘significance’’ question or the required to consult with the Service continued to be viable across its ‘‘status’’ question first. We can choose to under section 7 of the Act in the event historical range with all life stages address either question first. Regardless that activities they authorize, fund, or represented and in good health. While of which question we address first, if we carry out may affect L. eltoroensis. There projections show increasing reach a negative answer with respect to is no critical habitat designated for this temperatures and decreasing the first question that we address, we do species. precipitation over time into the future, not need to evaluate the other question Post-Delisting Monitoring projected impacts to the species’ habitat for that portion of the species’ range. (e.g., life zone changes) are not expected In undertaking this analysis for Section 4(g)(1) of the Act requires us to be significant within the foreseeable Lepanthes eltoroensis, we choose to to monitor for not less than 5 years the future (Service 2019, p. 69). Recent, yet address the status question first—we status of all species that are delisted due unpublished, downscaled climate consider information pertaining to the to recovery. Post-delisting monitoring modeling (Bowden 2018, pers. comm.) geographic distribution of both the (PDM) refers to activities undertaken to indicates that higher elevation areas, species and the threats that the species verify that a species delisted due to like those supporting L. eltoroensis, may faces to identify any portions of the recovery remains secure from the risk of be buffered from the more generally range where the species is endangered extinction after the protections of the predicted level of precipitation changes. or threatened. Lepanthes eltoroensis is a Act no longer apply. The primary goal This species has also demonstrated the narrow endemic that functions as a of PDM is to monitor the species to ability to adapt to changes in its single, contiguous population (with a ensure that its status does not environment. Since the species was metapopulation structure) and occurs deteriorate, and if a decline is detected, listed, warming temperatures have been within a very small area (EYNF, Puerto to take measures to halt the decline so documented and precipitation levels Rico). Thus, there is no biologically that proposing it as an endangered or have decreased, yet the species has meaningful way to break this limited threatened species is not again needed. demonstrated resiliency. Additionally, range into portions, and the threats that If at any time during the monitoring following strong hurricanes that affected the species faces affect the species period data indicate that protective the species’ habitat, abundance has throughout its entire range. This means status under the Act should be remained stable, with all age classes that no portions of the species’ range reinstated, we can initiate listing represented and in good health. While have a different status from its procedures, including, if appropriate, suitable habitat conditions for the rangewide status. Therefore, no portion emergency listing. At the conclusion of species may contract some over the of the species’ range can provide a basis the monitoring period, we will review foreseeable future, the species is likely for determining that the species is in all available information to determine if to continue to maintain close to current danger of extinction now or likely to relisting, the continuation of levels of resiliency, redundancy, and become so in the foreseeable future in monitoring, or the termination of representation. We conclude that there a significant portion of its range, and we monitoring is appropriate. are no existing or potential threats that, find the species is not in danger of Section 4(g) of the Act explicitly either alone or in combination with extinction now or likely to become so in requires that we cooperate with the others (i.e., forest management the foreseeable future in any significant States in development and practices, climate change, and hurricane portion of its range. This is consistent implementation of PDM programs. damage), are likely to cause the species’ with the courts’ holdings in Desert However, we remain ultimately viability to decline. Thus, after assessing Survivors v. Department of the Interior, responsible for compliance with section the best available information, we No. 16–cv–01165–JCS, 2018 WL 4(g) and, therefore, must remain actively

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engaged in all phases of PDM. We also Required Determinations 0073 and upon request from the seek active participation of other Caribbean Ecological Services Field National Environmental Policy Act (42 Office (see FOR FURTHER INFORMATION entities that are expected to assume U.S.C. 4321 et seq.) responsibilities for the species’ CONTACT). We have determined that conservation after delisting. The Service Authors has coordinated with PRDNER and environmental assessments and environmental impact statements, as USFS on the PDM. The primary authors of this rule are defined under the authority of the We prepared a PDM plan for the staff members of the Service’s National Environmental Policy Act Species Assessment Team and the Lepanthes eltoroensis (Service 2019, (NEPA; 42 U.S.C. 4321 et seq.), need not Caribbean Ecological Services Field entire). We published a notice of be prepared in connection with Office. availability of a draft PDM plan with the determining a species’ listing status proposed delisting rule (85 FR 13844; under the Endangered Species Act. In List of Subjects in 50 CFR Part 17 March 10, 2020), and we did not receive an October 25, 1983, notice in the Endangered and threatened species, Federal Register (48 FR 49244), we any comments on the plan. Therefore, Exports, Imports, Reporting and outlined our reasons for this we consider the plan final. The plan is recordkeeping requirements, determination, which included a designed to detect substantial declines Transportation. in the species, with reasonable certainty compelling recommendation from the and precision, or an increase in threats. Council on Environmental Quality that Regulation Promulgation The plan: we cease preparing environmental assessments or environmental impact Accordingly, we amend part 17, (1) Summarizes the species’ status at statements for listing decisions. subchapter B of chapter I, title 50 of the the time of proposed delisting; Code of Federal Regulations, as set forth Government-to-Government below: (2) Defines thresholds or triggers for Relationship With Tribes potential monitoring outcomes and PART 17—ENDANGERED AND conclusions; In accordance with the President’s memorandum of April 29, 1994 THREATENED WILDLIFE AND PLANTS (3) Lays out frequency and duration of (Government-to-Government Relations monitoring; with Native American Tribal ■ 1. The authority citation for part 17 (4) Articulates monitoring methods, Governments; 59 FR 22951), Executive continues to read as follows: including sampling considerations; Order 13175 (Consultation and Authority: 16 U.S.C. 1361–1407; 1531– (5) Outlines data compilation and Coordination With Indian Tribal 1544; and 4201–4245, unless otherwise Governments), and the Department of noted. reporting procedures and the Interior’s manual at 512 DM 2, we § 17.12 [Amended] responsibilities; and readily acknowledge our responsibility (6) Provides a PDM implementation to communicate meaningfully with ■ 2. Amend § 17.12(h) by removing the schedule, funding, and responsible recognized Federal Tribes on a entry for ‘‘Lepanthes eltoroensis’’ under parties. government-to-government basis. We FLOWERING PLANTS from the List of The final PDM plan is available at have determined that there are no Tribal Endangered and Threatened Plants. interests affected by this rule. https://ecos.fws.gov and at http:// Martha Williams, www.regulations.gov in Docket No. References Cited Principal Deputy Director, Exercising the FWS–R4–ES–2019–0073. It is our intent A complete list of references cited in Delegated Authority of the Director, U.S. Fish to work with our partners towards this rulemaking is available on the and Wildlife Service. maintaining the recovered status of internet at http://www.regulations.gov [FR Doc. 2021–12528 Filed 6–15–21; 8:45 am] Lepanthes eltoroensis. under Docket No. FWS–R4–ES–2019– BILLING CODE 4333–15–P

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