58674 Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Proposed Rules

(2) The Contractor shall provide the INFORMATION CONTACT by November 16, of the Act to provide for conservation following information no later than 2015. measures for the elfin-woods warbler. when the warranted items are presented ADDRESSES: You may submit comments The basis for our action. Under the for receipt and/or acceptance— by one of the following methods: Act, we may determine that a species is (A) The unique item identifier for (1) Electronically: Go to the Federal a threatened species based on any of each warranted item required by the eRulemaking Portal: http:// five factors: (A) The present or attachment entitled ‘‘Warranty Tracking www.regulations.gov. In the Search box, threatened destruction, modification, or Information;’’ and enter FWS–R4–ES–2015–0144, which is curtailment of its habitat or range; (B) (B) The warranty repair source the docket number for this rulemaking. overutilization for commercial, information and instructions for each Click the Search button. Then, in the recreational, scientific, or educational warranted item required by the Search panel on the left side of the purposes; (C) disease or predation; (D) attachment entitled ‘‘Source of Repair screen, under the Document Type the inadequacy of existing regulatory Instructions.’’ heading, click on the Proposed Rules mechanisms; or (E) other natural or (3) The Contractor shall submit the link to locate this document. You may manmade factors affecting its continued data for warranty tracking to the submit a comment by clicking on existence. We propose to list this Contracting Officer with a copy to the ‘‘Comment Now!’’ species, which is currently at risk requiring activity and the Contracting (2) By hard copy: Submit by U.S. mail throughout all of its range due to threats Officer Representative. or hand-delivery to: Public Comments related to habitat modification on (4) For additional information on Processing, Attn: FWS–R4–ES–2015– private lands under agricultural and warranty attachments, see the 0144; U.S. Fish and Wildlife Service, other land use requiring vegetation ‘‘Warranty and Source of Repair’’ MS: BPHC, 5275 Leesburg Pike, Falls clearance (Factor A). In addition, other training and ‘‘Warranty and Source of Church, VA 22041–3803. natural or manmade factors, such as Repair Tacking User Guide’’ accessible We request that you send comments restricted distribution and lack of on the Product Data Reporting and only by the methods described above. connectivity, genetic drift, hurricanes, Evaluation Program (PDREP) Web site at We will post all comments on http:// and climate change, are considered https://www.pdrep.csd.disa.mil/pdrep_ www.regulations.gov. This generally threats (Factor E). files/other/wsr.htm. means that we will post any personal We will seek peer review. We will seek * * * * * information you provide us (see Public comments from independent specialists [FR Doc. 2015–24784 Filed 9–29–15; 8:45 am] Comments, below, for more to ensure that our determination is BILLING CODE 5001–06–P information). based on scientifically sound data, FOR FURTHER INFORMATION CONTACT: assumptions, and analyses. We will Marelisa Rivera, Deputy Field invite these peer reviewers to comment DEPARTMENT OF THE INTERIOR Supervisor, U.S. Fish and Wildlife on this listing proposal. Service, Caribbean Ecological Services Information Requested Fish and Wildlife Service Field Office, P.O. Box 491, Road 301 Km. 5.1, Boquero´n, PR 00622; telephone Public Comments 50 CFR Part 17 787–851–7297; facsimile 787–851–7440. We intend that any final action [Docket. No. FWS–R4–ES–2015–0144; Persons who use a telecommunications resulting from this proposed rule will be 4500030113] device for the deaf (TDD) may call the based on the best scientific and RIN 1018–BA94 Federal Information Relay Service commercial data available and be as (FIRS) at 800–877–8339. accurate and as effective as possible. Endangered and Threatened Wildlife SUPPLEMENTARY INFORMATION: Therefore, we request comments or and Plants; Threatened Species Status information from other concerned Executive Summary for the Elfin-woods Warbler governmental agencies, the scientific Why we need to publish a rule. Under community, industry, or any other AGENCY: Fish and Wildlife Service, the Endangered Species Act (Act), if we interested parties concerning this Interior. determine that a species is an proposed rule. We particularly seek ACTION: Proposed rule. endangered or threatened species comments concerning: throughout all or a significant portion of (1) The biology, range, and population SUMMARY: We, the U.S. Fish and its range, we are required to promptly trends of the elfin-woods warbler, Wildlife Service (Service), propose to publish a proposal in the Federal including: list the elfin-woods warbler (Setophaga Register and make a determination on (a) Habitat requirements for feeding, angelae), a bird species in Puerto Rico, our proposal within 1 year. Listing a breeding, and sheltering; as a threatened species under the species as an endangered or threatened (b) Genetics and taxonomy; Endangered Species Act (Act). If we species can only be completed by (c) Historical and current range, finalize this rule as proposed, it would issuing a rule. including distribution patterns; extend the Act’s protections to this This rulemaking proposes the listing (d) Historical and current population species. of the elfin-woods warbler (Setophaga levels, and current and projected trends DATES: We will accept comments angelae) as a threatened species. The (especially in El Yunque National Forest received or postmarked on or before elfin-woods warbler is a candidate and Carite Commonwealth Forest); and November 30, 2015. Comments species for which we have on file (e) Past and ongoing conservation submitted electronically using the sufficient information on biological measures for the species, its habitat or Federal eRulemaking Portal (see vulnerability and threats to support both. ADDRESSES, below) must be received by preparation of a listing proposal, but for (2) Factors that may affect the 11:59 p.m. Eastern Time on the closing which development of a listing rule has continued existence of the species, date. We must receive requests for until now been precluded by other which may include habitat modification public hearings, in writing, at the higher priority listing activities. We are or destruction, overutilization, disease, address shown in FOR FURTHER also proposing a rule under section 4(d) predation, the inadequacy of existing

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regulatory mechanisms, or other natural determination may differ from this candidate list with a listing priority or manmade factors. proposal. number (LPN) of 5, indicating that its (3) Biological, commercial trade, or threats were non-imminent, but high in Public Hearing other relevant data concerning any magnitude. This listing priority system threats (or lack thereof) to this species Section 4(b)(5) of the Act provides for was developed to ensure that we have and existing regulations that may be one or more public hearings on this a rational system for allocating limited addressing those threats. proposal, if requested. Requests must be resources in a way that ensures those (4) Additional information concerning received within 45 days after the date of species in greatest need of protection are the historical and current status, range, publication of this proposed rule in the the first to receive such protection. The distribution, and population size of this Federal Register. Such requests must be listing priority system considers species, including the locations of any sent to the address shown in the FOR magnitude of threat, immediacy of additional populations of this species. FURTHER INFORMATION CONTACT section. threat, and taxonomic distinctiveness in (5) The appropriateness and scope of We will schedule public hearings on assigning species numerical listing the proposed 4(d) rule, including any this proposal, if any are requested, and priorities on a scale from 1 to 12. In other actions that should be considered announce the dates, times, and places of general, a smaller LPN reflects a greater for inclusion. those hearings, as well as how to obtain need for protection than a larger LPN. Please include sufficient information reasonable accommodations, in the The elfin-woods warbler was included, with your submission (such as scientific Federal Register and local newspapers and retained an LPN of 5, in our CNORs journal articles or other publications) to at least 15 days before the hearing. from 2001 through 2004 (66 FR 54808, allow us to verify any scientific or Peer Review October 30, 2001; 67 FR 40657, June 13, commercial information you include. 2002; 69 FR 24876, May 4, 2004). Please note that submissions merely In accordance with our joint policy on stating support for or opposition to the peer review published in the Federal On May 11, 2004, the Center for action under consideration without Register on July 1, 1994 (59 FR 34270), Biological Diversity (CBD) petitioned providing supporting information, we will seek the expert opinions of four the Service to list the elfin-woods although noted, will not be considered appropriate and independent specialists warbler as an endangered species under in making a determination, as section regarding this proposed rule. The the Act (CBD 2004, pp. 34–38). The 4(b)(1)(A) of the Act (16 U.S.C. 1531 et purpose of peer review is to ensure that elfin-woods warbler was already seq.) directs that determinations as to our listing determination is based on considered a candidate species at the whether any species is an endangered or scientifically sound data, assumptions, time the petition was received. Because threatened species must be made and analyses. the petition did not provide new information regarding the status of or ‘‘solely on the basis of the best scientific Previous Federal Action and commercial data available.’’ threats to the species, the petition was You may submit your comments and The elfin-woods warbler was addressed in the May 11, 2005 CNOR materials concerning this proposed rule identified as a Category 2 species in the (70 FR 24870). An LPN of 5 was by one of the methods listed in the candidate notice of review (CNOR) retained in the 2005 CNOR (70 FR ADDRESSES section. We request that you published in the Federal Register on 24870, May 11, 2005) and in subsequent send comments only by the methods December 30, 1982 (47 FR 58454). CNORs through 2008 (71 FR 53756, described in the ADDRESSES section. Category 2 species were defined as September 12, 2006; 72 FR 69034, If you submit information via http:// species for which we had information December 6, 2007; 73 FR 75176, www.regulations.gov, your entire that proposed listing was possibly December 10, 2008). The LPN was submission—including any personal appropriate, but for which conclusive changed to 11 in the November 9, 2009, identifying information—will be posted data on biological vulnerability and CNOR (74 FR 57804), reflecting that the on the Web site. If your submission is threats were not available to support a magnitude of threats was moderate to made via a hardcopy that includes proposed rule at the time. The species low because the severity of threats to the personal identifying information, you remained a Category 2 in subsequent species were not as strong as previously may request at the top of your document annual CNORs (50 FR 37958, September believed, and the threats were not that we withhold this information from 18, 1985; 54 FR 554, January 6, 1989; 56 currently occurring in most of the elfin- public review. However, we cannot FR 58804, November 21, 1991; 59 FR woods warbler’s habitat; hence, the guarantee that we will be able to do so. 58982, November 15, 1994). The threats were non-imminent. The elfin- We will post all hardcopy submissions February 28, 1996, CNOR (61 FR 7596) woods warbler retained an LPN of 11 in on http://www.regulations.gov. Please redefined candidates to include only the 2010 through 2014 CNORs (75 FR include sufficient information with your species for which we have information 69222, November 10, 2010; 76 FR comments to allow us to verify any needed to propose them for listing; as a 66370, October 26, 2011; 77 FR 69994, scientific or commercial information result, elfin-woods warbler was November 21, 2012; 78 FR 70104, you include. removed from the candidate list. November 22, 2013; 79 FR 72450, Comments and materials we receive, On October 25, 1999, we published a December 5, 2014). as well as supporting documentation we CNOR in the Federal Register (64 FR The 2011 Multi-District Litigation used in preparing this proposed rule, 57535) again classifying the elfin-woods (MDL) settlement agreement specified will be available for public inspection warbler as a candidate species. that the Service will systematically, over on http://www.regulations.gov, or by Candidates are those fish, wildlife, and a period of 6 years, review and address appointment, during normal business plants for which we have on file the needs of 251 candidate species to hours, at the U.S. Fish and Wildlife sufficient information on biological determine if they should be added to the Service, Caribbean Ecological Services vulnerability and threats to support Federal Lists of Endangered and Field Office (see FOR FURTHER preparation of a listing proposal, but for Threatened Wildlife and Plants. The INFORMATION CONTACT). which development of a listing elfin-woods warbler was on that list of Because we will consider all regulation is precluded by other higher candidate species. Therefore, the comments and information we receive priority listing activities. The elfin- Service is making this proposed listing during the comment period, our final woods warbler was added to the determination in order to comply with

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the conditions outlined in the MDL nestlings. Arroyo-Va´zquez (1992, p. 363) (i.e., Tres Picachos, Carite, Toro Negro, agreement. reported the first detailed observation of Susu´ a, and Guilarte Commonwealth two nests found in March and April of Forests, and Bosque del Pueblo in Background 1990 in aerial leaf litter at heights Adjuntas), but did not detect the Species Information between 1.3 to 7.6 m (4.3 to 25 ft) and species. documented a clutch size of two to three Between 2011 and 2013, the Service, Species Description and Taxonomy eggs. Also, he observed that the pair’s in collaboration with the Puerto Rican The elfin-woods warbler was cup nest was woven from rootlets and Ornithological Society, Inc., and originally classified under the genus fibers obtained from tree ferns and lined BirdLife International, conducted a Dendroica, but is now recognized as with grass leaves and down feathers. study using a habitat suitability model Setophaga (Lovette et al. 2010, p. 765). Raffaele et al. (1998, p. 406) further and a single-season occupancy Angela and Cameron Kepler discovered described the nest of the elfin-woods modeling approach to assess the current the species in 1971, in the Dwarf forest warbler as a compact cup, usually close geographic distribution of the elfin- type at El Yunque National Forest to the trunk and well-hidden among woods warbler. The project included (EYNF) (Kepler and Parkes 1972, p. 3– epiphytes of a small tree. Rodrı´guez- surveys during the species breeding 5). The bird is about 12.5 centimeters Mojica (2004, p. 22) reported the first season (between January and July) (cm) (5 inches (in)) in length (Raffaele nesting event inside a rotten tree stump within habitat currently occupied by the 1998, p. 406). The adult’s upper body is of Palo Colorado (Cyrilla racemiflora) species in the MCF and predicted predominantly black and white, with a 7.0 m (23.3 ft) above ground in an habitat within the Cordillera Central stripe above the eyes, and conspicuous abandoned camping area at the MCF. He (Anado´n-Irizarry 2013, p. 2). The white patches on the ear coverts and described the nest structure as predicted habitat included public and sides of the neck. The elfin-woods consisting of a tightly woven cup of fine private lands within the municipalities warbler is often mistaken for the black plant fibers with dry leaves on its of Jayuya, Ciales, Adjuntas, Ponce, and white warbler (Mniotilta varia), but outside and noted that cavity-nesting is Orocovis, and Juana Dı´az. The species the elfin-woods warbler is distinguished not common in warblers. Arroyo- was detected only in the MCF and by its incomplete white eye-ring and Va´zquez (1992, p. 363) and Rodrı´guez- adjacent private lands (Service 2014, p. entirely black crown. Immature elfin- Mojica (2004, p. 22) suggested that the 12). woods warblers are similar to adults, species selected aerial leaf litter and The elfin-woods warbler is except that they are grayish-green on the cavity-nesting sites to avoid predation. particularly difficult to survey because back, and yellowish-green on the head Some authors have suggested that elfin- of its small size, its constant moving and underparts (Raffaele 1989, p. 168). woods warbler nest predators may behavior, and the dense vegetation of The bird’s call comprises a series of include the pearly-eyed thrasher areas where it is found (Raffaele 1989, short, rapidly uttered, unmusical notes (Margarops fuscatus), Puerto Rican p. 168). In fact, Kepler and Parkes (1972 in one pitch, increasing in volume and tanager (Nesospingus speculiferus), pp. 5–6) attribute the belated discovery ending with a short series of distinct Puerto Rican screech owls (Megascops of elfin-woods warbler to the above double notes (Curson et al. 1994, p. nudipes), Puerto Rican boa factors and their similarity to the black 156). (Chilabothrus inornatus, listed as and white warbler. Even the vocalization of the elfin-woods warbler Life History Epicrates inornatus), Puerto Rican racer (Alsophis portoricensis), and feral cats can be easily mistaken with other Little detailed information has been (Felis catus) (Delannoy 2009, p. 2). species. Although the presence of the published on the life history of the elfin- Other potential predators of immature elfin-woods warbler in the forests of the woods warbler. Some authors noted that and adult individuals include the Cordillera Central of Puerto Rico cannot the elfin-woods warbler is an extremely Indian mongoose (Herpestes be disregarded based on the previous active warbler, moving among the dense auropunctatus) and black rat (Rattus facts, the available information suggests vines of forest strata with more foliage rattus) (Arroyo-Va´zquez 1992, p. 364). that the current distribution of the cover or smaller branch tips, foraging species is now restricted to two insects, usually at intermediate foliage Historical and Current Distribution populations in (1) EYNF and (2) MCF heights of 3 to 15 meter (m) (10 to 50 The elfin-woods warbler is endemic and adjacent private lands (Anado´n- feet (ft)) (Colo´n-Merced 2013, p. 2). to the island of Puerto Rico and was Irizarry 2006, p. 5; Delannoy 2007, p. 4; Opportunistic observations indicate the initially thought to occur only in the Gonza´lez 2008, p. 19). The EYNF and elfin-woods warbler feeds on moths, Luquillo Mountains at EYNF in eastern the MCF are located about 150 dragonflies, and other types of insects; Puerto Rico (Kepler and Parks 1972, pp. kilometers (km) (93 miles (mi)) from however, its specific diet remains 5–6; Pe´rez-Rivera 1979, p. 58). During each other (Arendt et al. 2013, p. 2). unknown (Colo´n-Merced 2013, p. 2). the early 1970s, the species was These habitats are considered essential Raffaele et al. (1998, p. 406) indicated reported in the MCF in western Puerto to elfin-woods warbler abundance and that the breeding season of the species Rico (Pe´rez-Rivera 1979, p. 58; Cruz and are very important for maintaining occurs from March to June. Delannoy Delannoy 1984, p. 92). In addition, the healthy populations of the species (2009, p. 1) reported that four pairs elfin-woods warbler was reported in the (Delannoy 2007, p. 24) as they are the banded between 2004 and 2008 Toro Negro Commonwealth Forest in only currently know areas where the remained together in their territories in the Cordillera Central (central mountain species still occurs. Although there is the Maricao Commonwealth Forest range) (Pe´rez-Rivera 1979, p.58), and in suitable habitat for the species between (MCF), suggesting that the species is the area of Guavate in the Carite these two forests (Colo´n-Merced 2013, monogamous. In addition, he reported Commonwealth Forest in east-central p.51), the probability of dispersal for the that the elfin-woods warbler maintained Puerto Rico (Pe´rez-Rivera and species is low because EYNF is isolated territorial defense throughout the year Maldonado 1977, p. 134). More recently, from the central mountain range of and documented that calling activity Miranda-Castro et al. (2000, pp. 119– Puerto Rico. Urban areas around EYNF increases from January to April and 123) and Anado´n-Irizarry (2006, p. 34) increased by more than 2,000 percent declines considerably during the time conducted elfin-woods warbler surveys between 1936 and 1988, and continue to pairs are incubating eggs or brooding in other forests of the Cordillera Central encroach on forested areas today

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(Thomlinson and Rivera 2000, p. 17). 5). This forest is mainly composed of trees and has closed canopies and well- Between 1988 and 1993, urbanization fast-growing trees with height not more developed understories composed of around this forest increased by 31 than 24 m (78 ft) (Lugo 2005, p. 506). tree ferns (Cyathea spp.), Sierra palms, percent and represented a 5 percent loss The Tabonuco forest is found between and vines (Tossas and Delannoy 2001, in vegetative cover, more than 80 150 and 600 m (492 and 1,968 ft) pp. 47–53; Anado´n-Irizarry 2006, p. 53; percent of which was dense forest elevation, and occupies 5,663 ha (13,993 Gonza´lez 2008, pp. 15–16). (Thomlinson and Rivera 2000, p. 17). ac) of the EYNF (Weaver 2012, p. 5). The Exposed Woodland Forest This forest is dominated by the occupies 2,711 ha (6,700 ac) of the MCF Habitat Tabonuco tree (Dacryodes excelsa), and is found in valleys, slopes, and El Yunque National Forest—EYNF is which grows primarily on the shallow soils with a more or less located in the Sierra de Luquillo in subtropical wet forest life zones (Ewel continuous canopy (Gonza´lez 2008, pp. eastern Puerto Rico and covers 11,310 and Whitmore 1973, p. 32). The 15–16). These forest associations are hectares (ha) (28,000 acres (ac)) of the understory of this forest is sparsely found at elevations ranging from 470 to island’s area (Weaver 2012, p. 1). This vegetated, and the canopy is rich in 800 m (1,542 to 2,624 ft) within the forest was proclaimed as a Crown aerial plants (e.g., bromeliads, orchids, subtropical wet forest life zone (DNR Reserve by Spain in 1876, and as a vines, and arboreal ferns) (Ewel and 1976, p. 185). Forest Reserve by the U.S. Government Whitmore 1973, p. 32). Timber Plantations occupy since 1903. It is considered the oldest The Sierra Palm forest (also known as approximately 1,111 ha (2,745 ac) of the forest reserve and largest protected area palm breaks) may reach canopy heights MCF in elevations ranging from 630 to in Puerto Rico, and is managed by the of 15 m (50 ft) with 17 cm (7 in) average 840 m (2,066 to 2,755 ft) within the U.S. Forest Service (USFS). Elevations diameters at breast height (dbh) and subtropical wet forest and the of this forest range from 100 to 1,075 m grows mainly on steep slopes at subtropical moist forest life zones (DNR (328 to 3,526 ft) and temperatures approximately 450 m (1,476 ft) 1976, p. 185). This habitat—dominated change with altitude, ranging between elevation, covering about 1,838 ha by the Marı´a trees (Calophyllum 23.5 and 27 degrees Celsius (°C) (74 to (4,541 ac) of the EYNF (Weaver 2012, calaba), eucalyptus (Eucalyptus 81 degrees Fahrenheit (°F)) at the base pp. 5 and 56). The Sierra Palm forest robusta), and Honduran pine (Pinus of the mountain to between 17 and 20 occurs on steep windward slopes and caribaea)—was planted in areas that °C (63 to 68 °F) on the mountain peaks poorly drained riparian areas (Lugo were completely deforested for (Garcı´a-Martino´ et al. 1996, p. 414). 2005, p. 496). This forest is dominated agriculture (Delannoy 2007, p. 9; Mean annual rainfall ranges from by the Sierra palm (Prestoea montana) Gonza´lez 2008 p. 5). approximately 245 cm/year (96 in/year) and occurs within the subtropical rain Dry Slopes Forest occupies at lower elevations to approximately forest life zone (Ewel and Whitmore approximately 1,367.3 ha (3,377 ac) of 400 cm/year (157 in/year) at higher 1973, p. 4). the MCF in elevations ranging from 120 elevations (Brown et al. 1983, p. 11). Maricao Commonwealth Forest and to 300 m (394 to 984 ft) within the The EYNF contains five of the six Adjacent Lands—The main population subtropical moist forest life zone (DNR Holdridge Life Zones found in Puerto of the elfin-woods warbler in western 1976, p. 185). This habitat is found in Rico (Ewel and Whitmore 1973, pp. 32– Puerto Rico occurs within the MCF, shallow and excessively drained 49). These five zones are the lower located between the municipalities of serpentine-derived soils dominated by montane wet forest, lower montane rain Maricao, San Germa´n, Sabana Grande, xerophytic vegetation, thin trees and a forest, subtropical moist forest, and Mayagu¨ ez (Ricart-Pujals and low open canopy. This forest type is subtropical wet forest, and subtropical Padro´n-Ve´lez 2010, p. 1). This forest is more common in the southern and rain forest. In 1951, Wadsworth currently administered by the Puerto southeastern slopes of the MCF (DNR recognized four major forest types at Rico Department of Natural and 1976, p. 185). EYNF: Dwarf, Palo Colorado, Tabonuco, Environmental Resources (PRDNER) Outside the MCF, the elfin-woods and Sierra Palm (Anado´n-Irizarry 2006, and covers about 4,168 ha (10,543 ac) warbler has been detected within p. 9). with elevations ranging between 150 secondary forests and existing shade- At EYNF, the elfin-woods warbler was and 875 m (492 and 2870 ft) above sea grown coffee plantations (Gonza´lez originally discovered in the Dwarf forest level. Annual average temperature is 2008, pp. 15–16). Secondary forests are (Kepler and Parkes 1972, pp. 3–5). This 21.7 °C (71 °F) and annual average found at elevations ranging from 130 to forest type falls within the lower rainfall is 233 cm/year (92 in/year) 750 m (426 to 2,460 ft), and the shade- montane rain forest life zone (Ewel and (Silander et al. 1986, p. 210). Three of grown coffee plantations are found at Whitmore 1973, p. 49) and occupies 368 the six life zones reported for Puerto elevations ranging from 300 to 600 m ha (909 ac) of EYNF (Weaver 2012, p. Rico occur on the MCF: subtropical (984 to 1,968 ft) (Gonzalez 2008, p. 59; 5). It is found on exposed peaks with moist forest, subtropical wet forest, and Puerto Rico Planning Board 2015). Also, short, stunted vegetation above 900 m lower montane wet forest (Ricart-Pujals the elfin-woods warbler has been (2,952 ft) elevation (Weaver 2012, p. 58). and Padro´n-Ve´lez 2010, p. 8). The documented at very low densities In general, the Dwarf forest is not well habitats where the elfin-woods warbler outside the MCF in pasturelands, populated with birds (Snyder et al. has been found within the MCF include Gallery forests, and rural residential 1987, p. 61). Podocarpus Forest, Exposed Woodland areas, but not in sun-grown (unshaded) Later, the species was documented at Forest, Timber Plantations, and Dry coffee plantations (Gonza´lez 2008, pp. lower elevations in the Palo Colorado, Slopes Forest. 15–16). Young secondary forests Tabonuco, and Sierra Palm forests The Podocarpus Forest occupies only developed as a result of abandonment of (Wiley and Bauer 1985, pp. 12–18). The 80 ha (197 ac) of the MCF and is located agriculture during the 20th century. Palo Colorado forest occurs within the on the slopes and highest peaks (600– These forests are less than 25 years old lower montane rain forest life zone, 900 m (1,968–2,952 ft)) within the lower with an open canopy height of 12 to 15 between approximately 600 and 900 m montane wet forest life zone m (40 to 50 ft) (Gonza´lez 2008, p. 6) and (1,968 and 2,952 ft) (Weaver 2012, p. 1). (Department of Natural Resources (DNR) are found within the subtropical moist This forest type covers about 3,441 ha 1976, p. 185). Podocarpus Forest is and subtropical wet forest life zones (8,502 ac) of the EYNF (Weaver 2012, p. dominated by Podocarpus coriaceus (DNR 1976, p. 185). Their understories

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are well-developed and dominated by warbler’s current range to maintain the Based on the studies mentioned grasses, vines, and other early- species’ historical geographical and above, in 2010, BirdLife International successional species (Gonza´lez 2008, p. ecological distribution. estimated the overall elfin-woods 6). Mature secondary forests are over 25 warbler population in Puerto Rico to be Population Status years old and develop on humid to very at least 1,800 mature individuals humid, moderate to steep slopes. They El Yunque National Forest—Kepler (Arendt et al. 2013, p. 2). are characterized by their closed and Parkes (1972, p. 15) estimated the Carite Commonwealth Forest—In canopies, reaching heights of 20 to 30 m elfin-woods warbler population at fewer 1977, Pe´rez-Rivera and Maldonado (66 to 100 ft), and sparse to abundant than 300 pairs occurring in 450 ha (1977, p. 134) reported the species for understories (Gonza´lez 2008, p. 6). (1,111 acres) at EYNF. Waide (1995, p. the first time in the CCF. Two years Some of these forests were used in the 9) reported an estimated population of later, Pe´rez-Rivera (1979, pp. 5–8) past for cultivation of shade-grown 138 pairs in 329 ha (812 ac) in the Dwarf indicated that the species was more coffee and survived untouched because forest at EYNF. According to Anado´n- common than was expected when landowners abandoned agriculture Irizarry (2006, p. 24), the species’ mean discovered. However, he mentioned that activities (Delannoy 2007, p. 10). The abundance was highest (0.48 because the species appeared to be shade-grown coffee plantations are individuals (ind)/point count) in the specialized to certain types of habitats, covered with tall mature forests Palo Colorado forest, slightly lower any kind of habitat disturbance or dominated mostly by guaba (Inga vera) (0.42 ind/point count) in the Dwarf modification would cause a rapid and guaraguao (Guarea guidonia) trees. forest, lowest (0.01 ind/point count) in species decline (Pe´rez-Rivera 1979, p. Found on moderate to steep, humid the Tabonuco forest, and none were 58). The species was later recorded by mountain sides, these trees reach recorded in Sierra Palm forest. Arendt et Pe´rez-Rivera during the 1980s and heights of 15 to 20 m (50 to 66 ft) and al. (2013, p. 8) conducted bird surveys 1990s in the following areas: Cerro La their understories constantly develop approximately monthly from 1989 to Santa, Camino El Seis, first recreation without grasses (Gonza´lez 2008, p. 6). 2006, and reported a decline of the area near the forest entrance, private Shade-grown coffee plantations are elfin-woods warbler population in land near Barrio Farallo´n, and Fincas stable agro-ecosystems that provide EYNF over that period of 17 years. The Las 300 (Delannoy 2007, pp. 22–23). habitat, nesting, and feeding for many species showed a significant general Based on Pe´rez-Rivera’s observations native, endemic, and migratory species. decline from 0.2 ind/ha to 0.02 ind/ha within these areas, the species seemed Some of the best examples of this in the Dwarf forest, and from 1 ind/ha to be an uncommon and rare in CCF habitat are found in north, northwest, to 0.2 ind/ha in the Palo Colorado forest (i.e., 1 or 2 sightings every 10 visits) and northeast MCF (Delannoy 2007, p. (Arendt et al. 2013, p. 9). (Delannoy 2007, pp. 22–23). The species 10). Studies have shown that Maricao Commonwealth Forest and was later detected occasionally by biodiversity of plants, insects, reptiles, Adjacent Lands—Cruz and Delannoy Pe´rez-Rivera within the same areas until birds, and some mammals are higher in (1984, p. 92) suggested that the elfin- it was last observed by him more than shade-grown than in sun-grown coffee woods warbler was not uniformly 15 years ago (Pe´rez-Rivera 2014, pers. plantations (Borkhataria et al. 2012, p. distributed throughout the MCF and comm.). 165). that it was found in different habitats The surveys conducted by Anado´n- Carite Commonwealth Forest—The within three studied sites. Anado´n- Irizarry between 2003 and 2004, and Carite Commonwealth Forest (CCF) is Irizarry (2006, p. 27) conducted a survey between 2012 and 2013, failed to detect within the known historical range of the from 2003 to 2004, in 102.4 ha (253 ac) the species within the CCF. The study elfin-woods warbler; however, the of MCF and recorded 778 elfin-woods conducted during the period of 2003– species was last observed in this forest warblers in 18 counts for an average of 2004 (Anado´n-Irizarry 2006, p. 54) about 15 years ago (Pe´rez-Rivera 2014, 0.42 ind/ha/count. Gonza´lez (2008, pp. included traditional areas previously pers. comm.). The CCF has been 23–28) reported the most recent searched by Pe´rez-Rivera, and the managed for conservation by PRDNER population estimate for the elfin-woods surveys were conducted along 5.0 km since 1975 (DNR 1976, p. 169). This warbler at the MCF and adjacent areas. (3.1 mi) of existing trails. The most forest covers about 2,709 ha (6,695 ac), Gonza´lez (2008, p. 18) estimated 97.67 recent surveys, conducted between 2012 and ranges between 620 and 900 m elfin-woods warbler individuals in an and 2013, avoided the use of existing (2,034 and 2,952 ft) in elevation (DNR area of 203.2 ha (0.48 ind/ha) within the trails and included nontraditional areas, 1976, p. 169). The CCF contains four MCF. In areas adjacent to the MCF, he but they also failed to detect the species forest types: Dwarf, Palo Colorado, estimated 43.02 individuals in an area (Anado´n-Irizarry 2014, pers. comm.). Plantations, and Secondary (Silander et of 374.4 ha (0.11 ind/ha). However, during these surveys, the al. 1986, p. 188). These forest types are Additionally, Gonza´lez (2008, p. 27) amount of surveyed area within similar to the forests utilized by elfin- reported that the highest densities of nontraditional habitat was not woods warbler in EYNF and MCF. elfin-woods warbler recorded per point- significant (i.e., 15 survey stations). Although the elfin-woods warbler has count stations in MCF were within the Although these studies failed to detect not been recently observed in this forest Podocarpus Forest (0.88 ind/ha). the species, Anado´n-Irizarry (2006, p. (Anado´n-Irizarry 2006, p. 54; Anado´n- Moderate densities were recorded in 54; 2014, pers. comm.) suggested the Irizarry 2014, pers. comm.), the habitat Exposed Woodland (0.53 ind/ha), possibility that the species is still suitability model developed for the Timber Plantations (0.38 ind/ha), and present in isolated pockets of forest that species (Colo´n-Merced 2013, p. 51) Dry Slope Forest (0.06 ind/ha) were not searched during the studies suggests CCF still provides suitable (Gonza´lez 2008 p. 27). Gonza´lez (2008 (Delannoy 2007, p. 22). The apparent habitat for the species due to its p. 27) stated these results are similar to persistent and relatively sedentary similarity in elevation, climatic estimates obtained by previous studies behavior of this species to inhabit conditions, and vegetation associations in the same type of forests. In lands certain small and isolated pockets of the with EYNF and MCF. The CCF’s adjacent to the MCF, the shade-grown forest might have led these authors to similarity to EYNF and MCF suggests coffee plantations exhibited the highest suggest that it is possible that CCF may that this forest could provide habitat for elfin-woods warbler abundance (0.24 harbor undetected elfin-woods warblers the expansion of the elfin-woods ind/ha) (Gonza´lez 2008, p. 24). (Anado´n-Irizarry 2006, p. 54; Delannoy

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2007, pp. 22–23; Pe´rez-Rivera 2014, sheltering (Anado´n-Irizarry 2006, pp. 5– deforestation, monoculture of minor pers. comm.). Anado´n-Irizarry (2006, p. 8). fruits, livestock related activities, 54), Delannoy (2007, pp. 22–23), and In the past, the majority of the human-induced fires, residential use, Pe´rez-Rivera (2014, pers. comm.) have forested areas in Puerto Rico, EYNF, road improvements). Although not suggested that the species was MCF, and CCF were impacted by known to be currently occupied, the extirpated from the traditional areas agricultural practices; extraction of areas outside EYNF and CCF are also searched by them during the 1980s, timber for construction and charcoal vulnerable to these threats because they 1990s, and between 2003 and 2004 due (Dominguez-Cristobal 2000, pp. 370– are not within the protected lands. In to habitat modification activities (i.e., 373; Dominguez-Cristobal 2008, pp. the Municipality of Maricao, the Puerto transmission antenna development and 100–103); development of infrastructure Rico Department of Agriculture (PRDA) road development) that occurred in for utilities and communications; and has identified 301 properties (8,442 those years. If this is the case, a construction of roads, recreational acres) with potential to be developed as comprehensive assessment of the status facilities, and trails, negatively affecting agricultural lands for coffee and citrus of this population will require extensive elfin-woods warbler habitat (DNR 1976, plantations (Resolucio´n Conjunta del searches covering a much larger area p. 169; Waide 1995, p. 17; Delannoy Senado 2014, p. 2). Although the into the fragmented landscape of the 2007, p. 4; Anado´n-Irizarry 2006, p. 28; conversion of forested areas to sun- CCF (Delannoy 2007, pp. 22–23). Pe´rez-Rivera 2014, pers. comm.). grown coffee plantations is still Therefore, the Service has contracted for Currently, each agency manages these occurring on private lands adjacent to a survey to include traditional and forests for conservation purposes MCF, the magnitude of this activity is nontraditional areas within and beyond operating under its authorities and localized and at a lower level than it EYNF’s and CCF’s boundaries. These mandates to promote habitat was in the past. However, PRDA has surveys will extend from September conservation (see Factor D. The expressed their intentions to increase 2015 to March 2016, and will at least Inadequacy of Existing Regulatory the acreages of coffee plantations in double the number of survey stations Mechanisms, below); habitat Puerto Rico to 16,000 acres by 2016 previously surveyed within CCF and modification pressures from agriculture (PRDA 2015, no page number). PRDA’s will also include suitable habitat practices and the development of new goal is to provide incentives to identified by the habitat suitability infrastructure within the forests are landowners (i.e., $1,300/acre) for the model outside EYNF and CCF. currently very low. However, typical establishment of new planting areas of forest management of existing disturbed sun-grown or partially shaded coffee Summary of Factors Affecting the areas (e.g., trail maintenance, road (i.e., 1,000 coffee trees per acre) Species maintenance, transmission antenna (Regulation 6372, p. 3–6; Regulation Section 4 of the Act, and its maintenance, and recreational facility Governing the Incentives Programs of implementing regulations at 50 CFR part improvements) and research activities the Coffee Production Industry in Puerto 424, set forth the procedures for adding (e.g., species surveys, endangered Rico). Some of these areas, previously species to the Federal Lists of species reintroductions) still occur used for agriculture, were abandoned Endangered and Threatened Wildlife within these forests. The maintenance and are currently forested. The majority and Plants. Under section 4(a)(1) of the performed on roads, trails, transmission of the sun-grown coffee plantations Act, we may list a species based on: antenna facilities, and recreational were converted several decades ago, facilities is not presently affecting elfin- (A) The present or threatened resulting in the elimination of native woods warbler habitat within these destruction, modification, or forest, thus reducing the habitat value forests. When a management or research curtailment of its habitat or range; for wildlife, including the elfin-woods activity is conducted, both USFS and (B) Overutilization for commercial, warbler (Delannoy 2007, p. 20). The the PRDNER closely coordinate with the most recent studies conducted in MCF recreational, scientific, or educational Service during design and planning and adjacent lands (i.e., Delannoy 2007, purposes; stages. These planning efforts minimize p. 15; Gonza´lez 2008, p. 59) did not (C) Disease or predation; possible adverse effects on the species detect elfin-woods warblers in sun- (D) The inadequacy of existing and its habitat. However, in contrast, the grown coffee plantations on privately regulatory mechanisms; or expansion of existing facilities (i.e., owned lands adjacent to the forest. The (E) Other natural or manmade factors transmission antennas, access roads, affecting its continued existence. access gates, administration buildings, establishment of a sun-grown coffee Listing actions may be warranted utilities) within the forests is still a plantation requires the deforestation of based on any of the above threat factors, possibility and may result in the the area, removing habitat that elfin- singly or in combination. degradation of suitable habitat of elfin- woods warblers are or could be using. The increase of urban development in Factor A. The Present or Threatened woods warbler. Although the threats to the species private lands adjacent to EYNF and CCF Destruction, Modification, or has negatively affected elfin-woods Curtailment of Its Habitat or Range and its habitat have been minimized within the lands managed and warbler suitable habitat around these The majority of extant elfin-woods administrated by USFS and PRDNER forests. Gould et al. (2007, pp. 29–31) warbler populations are restricted to within EYNF, MCF, and CCF, suggested there is an increasing two disjunct primary habitats in respectively, the species is still also urbanization trend of the limited land montane forests at EYNF and at MCF threatened with habitat destruction, area of eastern Puerto Rico where these and private lands adjacent to MCF. fragmentation, and degradation in 15 forests are located. Urban development Although the elfin-woods warbler has percent of its suitable occupied habitat in this region increased more than 15 not been recently observed in CCF, this within private lands adjacent to MCF. percent between 1991 and 2003 (Gould forest and adjacent lands still contains The private lands adjacent to MCF are et al. 2007, pp. 29–31). Martinuzzi et al. suitable habitat for the species. The known to be susceptible to habitat (2007, pp. 294–296) reported that almost elfin-woods warbler needs suitable modification caused by unsustainable 52 percent of the island is classified forested habitats for essential behaviors agricultural practices and other land under either Urban use (i.e., 16 percent; such as foraging, breeding, and uses requiring vegetation clearance (e.g., 142,562 ha) or Densely Populated Rural

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use (i.e., 36 percent; 320,219 ha) classes. lands for a particular amount of time. Factor C. Disease or Predation The urban-use class enhances the These programs promote the restoration Delannoy (2009, p. 2) indicated that contiguity between the compact urban of degraded habitat that was likely Puerto Rican sharp-shinned hawk areas across the island, and gives an occupied by the species before the (Accipiter striatus venator) infrequently accurate view of how an ‘‘urban ring’’ conversion to agricultural lands and that prey on elfin-woods warbler. Other encircles interior mountainous and may be restored as suitable elfin-woods potential elfin-woods warbler nest protected areas like EYNF and CCF warbler habitat in the future. In some predators may include the pearly-eyed (Martinuzzi et al. 2007, p. 294). The cases, occupied suitable habitat for the thrasher, Puerto Rican tanager, Puerto densely populated rural-use class species is enhanced and protected Rican screech owl, Puerto Rican boa, surrounds the urban-use areas and through cooperative agreements with Puerto Rican racer, and feral cat represents most of the territory where the private landowners. (Delannoy 2009, p. 2). Additionally, human developments expand out from Arroyo-Va´zquez (1992, p. 364) noted the urban centers following secondary Between 2010 and 2014, a total of 522 that the Indian mongoose and black rat routes (Martinuzzi et al. 2007, p. 294). ha (1,290 acres) of degraded tropical are potential egg and nestling predators. Although the most evident land-use upland forest and 21 km (13 miles) of Nonetheless, we are not aware of any changes in the last 25 years have been riparian buffers have been restored and scientific or commercial information the intensification of urbanization that conserved through these programs in that predation of elfin-woods warblers is surrounds these forests (Helmer 2004, collaboration with the Natural having an adverse effect on the species, pp. 33–35, Gould et al. 2007, pp. 29–31, Resources Conservation Service (NRCS), and therefore we believe that predation Martinuzzi et al. 2007, p. 294), it is not Farm Service Agency (FSA), PRDNER, is not a threat to the elfin-woods known how much of these lands Envirosurvey Inc. (a local warbler. Similarly, we have no evidence currently contain habitat suitable for nongovernmental organization), and of any disease affecting the species. elfin-woods warbler. other partners. Although this initiative Conservation Efforts To Reduce the promotes the restoration and Factor D. The Inadequacy of Existing Present or Threatened Destruction, enhancement of degraded habitat Regulatory Mechanisms Modification, or Curtailment of Its adjacent to the MCF and may In 1999, the Commonwealth of Puerto Habitat or Range potentially provide suitable habitat for Rico approved the Law No. 241¥1999, the elfin-woods warbler, challenges In 2014 the Service developed a known as the New Wildlife Law of such as limited resources and Puerto Rico (Nueva Ley de Vida candidate conservation agreement uncertainty about land owner (CCA) with USFS and PRDNER to Silvestre de Puerto Rico). The purpose participation may affect the promote the conservation of the elfin- of this law is to, among other things, implementation of management woods warbler. The purpose of the CCA protect, conserve, and enhance both practices that mitigate impacts of is to implement measures to conserve, native and migratory wildlife species; restore, and improve elfin-woods agricultural practices. declare as property of Puerto Rico all warbler habitat and populations within Summary of Factor A wildlife species within its jurisdiction; EYNF and MCF (Service 2014, p. 6). The issue permits; regulate hunting CCA provides that PRDNER and USFS The elfin-woods warbler’s restricted activities; and regulate exotic species. In will promote, develop, and implement distribution makes it vulnerable to 2004, the Commonwealth of Puerto Rico the best management practices to avoid habitat destruction and modification. approved the Regulation Governing the any potential threat to suitable and The agricultural activities and Management of Vulnerable and occupied elfin-wood warbler habitat development projects on private lands Endangered Species on the and populations. It also provides that adjacent to EYNF, MCF, and CCF may Commonwealth of Puerto Rico both agencies will implement result in the loss or fragmentation of the (Regulation 6766; Reglamento para restoration and habitat enhancement species’ suitable habitat. However, the Regir el Manejo de las Especies efforts within degraded areas of EYNF elfin-woods warbler has been reported Vulnerables y en Peligro de Extincio´ n en and MCF. The agencies will also (1) on private lands only outside MCF; el Estado Libre Asociado de Puerto determine the habitat use, movement, private lands adjacent to EYNF and CCF Rico). Regulation 6766 prohibits and activity patterns of the species; (2) need to be appropriately surveyed. The collecting, killing, or harming species design and establish long-term majority of extant elfin-woods warbler listed under Territorial law, as well as population monitoring programs; and populations occur in public lands possessing, transporting, or selling items (3) develop outreach and education managed for conservation purposes derived from listed species, and requires programs to improve mechanisms to where activities that may affect the authorization from the PRDNER Secretary for any action that may affect promote habitat conservation and species or its habitat are regulated, and designated critical habitat of listed restoration within private lands adjacent measures to minimize or avoid those species under this regulation to both forests. impacts are being implemented based Although the elfin-woods warbler also (Departamento de Recursos Naturales y on management plans or agencies occurs on privately owned lands not Ambientales 2004, pp. 9, 18). In 2004, management mandates. Therefore, we covered by the CCA, these areas the Commonwealth of Puerto Rico adjacent to MCF are part of a habitat believe that habitat curtailment or included the elfin-woods warbler in restoration initiative in southwestern modification is a threat to the elfin- Regulation 6766 as a ‘‘vulnerable Puerto Rico implemented by the Service woods warbler. species’’ (a species that, although is not since 2010, through the Partners for Fish Factor B. Overutilization for listed as endangered or critically and Wildlife (PFW) and Coastal (CP) Commercial, Recreational, Scientific, or endangered, faces a high risk of Programs. The PFW and CP are Educational Purposes extinction in a foreseeable future). voluntary programs that provide In addition to laws that specifically technical and financial assistance to Based on the available information, protect the elfin-woods warbler, MCF landowners to implement restoration this factor has not been documented as and CCF are protected under Puerto and conservation practices on their a threat to the elfin-woods warbler. Rico’s Forests Law (Law No. 133–1975;

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Ley de Bosques de Puerto Rico), as forests or in private lands adjacent to populations in Puerto Rico are limited amended in 2000, which prohibits these forests that may affect these listed to the northeastern region and little is causing damage to and collection of species requires a section 7 consultation known about how bird species are flora and fauna in public forests. under the Act. Therefore, the elfin- affected elsewhere on the island (Tossas Moreover, all Commonwealth forests are woods warbler may benefit from 2006, p. 81). designated as Critical Wildlife Areas indirect protection of these listed Delannoy (2007, p. 24) suggested that (CWA) by PRDNER. The CWA species (i.e., implementation of habitat elfin-woods warbler populations at MCF designation constitutes a special restoration practices and habitat appeared to be stable. However, studies recognition by this agency with the protection). conducted from 1989 to 2006 at EYNF purpose of providing information to Based on the information currently documented a declining trend of the other Commonwealth and Federal available to us, the Federal and elfin-woods warbler population during agencies about the conservation needs Commonwealth regulatory mechanisms the study period (Arendt et al. 2013, pp. of these areas, and assisting permitting are being implemented and are 8–9). Arendt et al. (2013, p. 8) stated agencies in precluding negative impacts functioning as designed. Lack of that this documented downward as a result of permit approvals or enforcement of these laws and population trend could be related to endorsements (PRDNER 2005, p. 6). regulations has not been identified as intrinsic causes (e.g., physiological, The Migratory Bird Treaty Act having a negative impact to the species genetic). Nonetheless, they further (MBTA) (16 U.S.C. 703–712) provides or exacerbating other negative effects to suggest that it is more likely that natural protection for the elfin-woods warbler, the species. Therefore, we do not find habitat conversion and degradation, which is defined as a migratory bird the existing regulations to be resulting from cyclonic events, are under the MBTA. The MBTA makes it inadequate. playing an important role in the species’ unlawful to pursue; hunt; take; capture; decline at EYNF. Direct effects of kill; attempt to take, capture, or kill; Factor E. Other Natural or Manmade hurricanes on habitat include massive possess; offer for sale; sell; offer to Factors Affecting Its Continued defoliation, snapped and wind-thrown barter; barter; offer to purchase; Existence trees, massive tree mortality, and purchase; deliver for shipment; ship; Hurricanes and Climate Change landslides (Lugo 2008, p. 368). For export; import; cause to be shipped, example, Hurricane Hugo (1989) and exported, or imported; deliver for The geographic location of islands in Hurricane Georges (1998) caused transportation; transport or cause to be the Caribbean Sea makes them prone to extensive damage in EYNF, which transported; carry or cause to be carried; hurricane impacts (Wiley and Wunderle or receive for shipment, transportation, 1993, p. 320). In fact, the frequency of damage may have adversely impacted carriage, or export, any migratory bird, hurricane occurrences is higher in the the elfin-woods warbler’s primary or any part, nest, or egg of such bird, or southeastern United States and the habitat (Arendt et al. 2013, pp. 8–9). any product, whether or not Caribbean than other regions of the Arroyo (1991, p. 55) noted that the manufactured, which consists of, or is world (Wiley and Wunderle 1993, p. species was not recorded during 1990 comprised in whole or part, of any such 320). Hurricanes can have both direct from areas it was reported from bird, or any part, nest, or egg thereof. and indirect effects on bird populations, previously at EYNF. This forest was However, no provisions in the MBTA which may determine the characteristics heavily damaged by Hurricane Hugo, prevent habitat destruction unless direct of local avifauna (Wauer and Wunderle with more than 80 percent of the forest mortality or destruction of active nests 1992, p. 656; Wunderle et al. 1992, p. completely defoliated (Boucher 1990, p. occurs. 323). Arendt et al. (2013, p. 2) suggested 164). In contrast, at the MCF, Arroyo Finally, the elfin-woods warbler co- that catastrophic weather events such as (1991, pp. 55–56) recorded an apparent occurs with other species that are listed hurricanes can negatively affect the vertical migration pattern of the species under the Act. In the EYNF, the species elfin-woods warbler due to its restricted during months of heaviest rains. co-occurs with the Puerto Rican sharp- distribution and low number of Moreover, Tossas (2006, p. 84) found shinned hawk (Accipiter striatus individuals. Some species may cope that the elfin-woods warbler was one of venator), Puerto Rican boa, Puerto Rican with hurricane-induced changes by two species that recovered within a year broad-winged hawk (Buteo platypterus selecting different prey items, while to pre-hurricane population levels after brunnescens), Puerto Rican parrot others may switch their foraging Hurricane Georges. This finding (Amazona vittata), and several federally behavior and locations (Wauer and suggested that warblers abandoned listed plants: Styrax portoricensis, Wunderle 1992, p. 657; Wunderle et al. defoliated sites immediately after the uvillo (Eugenia haematocarpa), 1992, pp. 323–326). hurricane and shifted to protected Lepanthes eltoroensis, Pleodendron The frequency of hurricane-induced patches with adequate foraging substrate macranthum, capa rosa (Callicarpa damage equivalent to F3 (severe) on the and prey until the defoliated sites ampla), Ternstroemia luquillensis, Fujita scale (Fujita 1971) is at least three recovered (Tossas 2006, p. 84). Arendt Ternstroemia subsessilis, and Ilex times greater in the northeastern et al. (2013, p. 9) indicated that these sintenisii. In the MCF, the species co- quadrant of Puerto Rico, where EYNF contrasting findings may be the result of occurs with the Puerto Rican sharp- and CCF are located, compared to the disproportionate damage caused by shinned hawk, Puerto Rican boa, and rest of the island (White et al. 2014, p. storms in the respective forests. several federally listed plants: Cranichis 30). In contrast, the western side of Moreover, the landscape at EYNF is ricartii, Gesneria pauciflora, palo de Puerto Rico, where MCF is located, is different from that of the MCF in that at rosa (Ottoschulzia rhodoxylon), subject to different hurricane trajectories EYNF there is no continuous forested Ternstroemia luquillensis, higuero de and risks than the eastern portion of the vegetation beyond the forest boundaries sierra (Crescentia portoricensis), and island (White et al. 2010, p. 16). For mainly due to conversion of agricultural Cordia bellonis. Because of the example, in 1998, Hurricane Georges lands and lowland broadleaf forests to occurrence of these federally listed struck MCF, which previously had been urbanized areas (Lugo et al. 2004, p. 29). species within the same habitat where spared from hurricanes since 1932 Therefore, the probability of dispersion elfin-woods warblers occur, any Federal (Tossas 2006, p. 81). Hence, studies of to undamaged areas within and outside action, funding, or permit within these the effects of hurricanes on bird EYNF would be reduced for the elfin-

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woods warbler depending on the Based on the above information, it is a rising cloud base, affecting epiphyte damages to the vegetation. The lack of possible that the elfin-woods warbler growth and flowering (Nadkarni and suitable habitat around the EYNF also could experience local extinction with Solano 2002, p. 584). As previously reduces the probability of elfin-woods these catastrophic weather events. mentioned, both the Palo Colorado and warbler re-colonization from the MCF, While the species appears to have the Dwarf forests have been reported to which is 150 km (93 mi) away (Arendt ability to temporarily move to have the highest elfin-woods warbler et al. 2013, p. 2). undisturbed areas and survive in MCF, mean abundance (Anado´n-Irizarry 2006, Anado´n-Irizarry (2006, p. 54), such dispersal ability has not been p. 24). Although the available Delannoy (2007, p. 24), and Anado´n- documented at EYNF. Having two information predicting changes in Irizarry (2014, pers. comm.) have geographically separate populations on habitat due to climate change pertains to suggested the elfin-woods warbler no both ends of Puerto Rico may benefit the EYNF, similar changes would be longer exists within CCF. Pe´rez-Rivera elfin-woods warbler since, based on the expected for the MCF and CCF, which (2014, pers. comm.) has suggested that history of hurricanes striking the Island, lies within two of the same life zones as the habitat modification caused by it is unlikely for both EYNF and MCF EYNF. Hurricane Hugo and Hurricane Georges to be impacted by the same weather As indicated above, such climate at CCF may have had a negative effect system at once. However, the fact that changes are likely to alter the structure on the elfin-woods warbler. However, there are only two known populations and distribution of the habitat used by he acknowledged that before concluding left makes the species more vulnerable the elfin-woods warbler. According to the species was extirpated from the to extinction if one is lost due to a Arendt et al. (2013, p. 9), approximately forest due to these climatological events, catastrophic weather event. It is 50 percent of the Caribbean birds show a formal and extensive survey should be important to note, however, that there medium to high vulnerability to climate conducted to include nontraditional are no specific studies corroborating change. Based on that information, areas within and outside of CCF (Pe´rez- hurricanes as a main cause of elfin- species that are dependent on specific Rivera 2014, pers. comm.). He suggested woods warbler population declines at habitat types, and that have limited hurricanes might be detrimental to low EYNF and MCF, nor that they caused distribution or have become restricted densities and habitat-specialized the apparent extirpation of the species in their range, like the elfin-woods species, but at the same time might from CCF. warbler, will be most susceptible to the benefit insectivorous species like the Regarding climate, general long-term impacts of climate change. However, elfin-woods warbler. In 1989, a month changes have been observed, including while continued change is expected, the after Hurricane Hugo, Pe´rez-Rivera changes in amount of precipitation, magnitude and rate of that change is (1991, pp. 474–475) recorded the wind patterns, and extreme weather unknown in many cases. In tropical and Antillean euphonia (Euphonia musica) events (e.g., droughts, heavy subtropical forests, significant shifting its feeding and foraging precipitation, heat waves, and the knowledge gaps exist in predicting the behavior in CCF as a result of the habitat intensity of tropical cyclones) response of natural systems to climate disturbance following the hurricane. (Intergovernmental Panel on Climate change, and uncertainties exist with Some authors (i.e., Wauer and Wunderle Change (IPCC) 2007, p. 30). For studies forecasting trends in climate 1992, p. 657; Wunderle et al. 1992, pp. example, projected decreases in (Jennings et al. 2014, p. 33). Moreover, 323–326) have suggested that the precipitation in the Caribbean suggest regionally downscaled climate models frequency of hurricanes in the drier wet seasons, and even drier dry projecting temperature and precipitation Caribbean may be determining some of seasons (Jennings et al. 2014, p. 1). patterns at fine scales are not readily the characteristics of the local avifauna, As previously mentioned, the elfin- available for locations within the such as the shifting into new habitats woods warbler is currently known only Caribbean region, including Puerto Rico due to hurricane-induced changes. from specific habitat types at EYNF and (Jennings et al. 2014, p. 33). While Hurricanes can have positive effects MCF, which makes the species existing large-scale global climate on forest and bird ecology by susceptible to the effects of climate models are useful in determining temporarily increasing forest change. It has been stated that higher potential future trends (Angeles et al. productivity (Wiley and Wunderle 1993, temperatures, changes in precipitation 2007, p. 556), the lack of fine-scale data p. 337), particularly for species with patterns, and any alteration in cloud in Puerto Rico’s mountainous regions is ample distribution (White et al. 2014, p. cover will affect plant communities and especially troublesome, as variations in 31). However, the immediate negative ecosystem processes in EYNF (Lasso climate with elevation over short effects of these powerful atmospheric and Ackerman 2003, pp. 101–102). In horizontal distances cannot be captured events for a species with fact, the distribution of tropical forest by existing climate models, especially in demographically vulnerable life zones in the Caribbean is expected predictions of extreme events (Meehl et populations, such as the elfin-woods to be altered due to both intensified al. 2007, p. 477). warbler, outweigh the benefits accrued extreme weather events and via short-term primary productivity of progressively drier summer months Human-Induced Fires vegetation (White et al. 2014, p. 31). (Wunderle and Arendt 2011, p. 44). At Fires are not part of the natural This might explain the declining elfin- EYNF, such alteration may allow low- processes for subtropical and moist woods warbler population trend elevation Tabonuco forest species to forests in Puerto Rico (Santiago-Garcia documented by Arendt et al. (2013, pp. colonize areas currently occupied by et al. 2008, p. 604). In fact, Me´ndez- 8–9) at EYNF. Palo Colorado forest (Scatena and Lugo Tejeda et al. (2015, p. 363) concluded Studies predict an increase in 1998, p. 196). Dwarf forests at EYNF that the majority of forests fires in hurricane intensity in the Atlantic, with also are very sensitive to climate change Puerto Rico are produced by human higher wind speeds and greater amounts because of their occurrence in narrowly actions. However, as annual rainfall of precipitation, but a reduction in the defined environmental conditions decreases over time in the Caribbean overall number of storms (Jennings et al. (Lasso and Ackerman 2003, p. 95). region, longer periods of drought are 2014, p. 8). As mentioned above, Dwarf forest epiphytes may experience expected in the future (Breshears et al. hurricanes may result in direct negative moisture stress due to higher 2005, pp. 146–147; Larsen 2000, pp. effects to the species and its habitat. temperatures and less cloud cover with 510–512). In 2000, Flannigan et al.

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(2000, pp. 225–226) projected an Based on the above information, other development, and livestock related increase of the global fire occurrence natural or manmade factors, such as activities. Moreover, the increase of over the next century due to climate hurricanes, climate change, and human- urban development on private lands change. In Puerto Rico, historical induced fires, are considered threats to adjacent to EYNF and CCF has also evidence suggests fire frequency is the elfin-woods warbler. negatively affected suitable elfin-woods warbler habitat around these forests. increasing (Burney et al. 1994, p. 277; Conservation Efforts To Reduce Other The activities result in the elimination Robbins et al. 2008, pp. 530–531). Natural or Manmade Factors Affecting of native forest, thus reducing the Moreover, the interactions between the Continued Existence of the Species climate warming and drying, and suitable habitat available and the habitat increased human development, are As discussed under Factor A above, a value for the elfin-woods warbler. considered to have the potential to CCA was signed in 2014 by the Service, Other natural or manmade factors increase the effects of fires (Robbins et USFS, and PRDNER to implement (i.e., hurricanes, climate change, al. 2008, pp. 530–531). strategic conservation actions. In the human-induced fires; Factor E) also In EYNF, CCF, and adjacent lands to context of Factor E, these actions have been identified as threats to the these forests, fires are not considered include the development and species. Elfin-woods warblers could common. The tropical rain and moist implementation of programmatic experience local extinction as a result of forest conditions of EYNF and CCF (i.e., reforestation and habitat enhancement catastrophic weather events such as average annual rainfall of 304.8 cm (120 efforts within areas degraded by hurricanes. While the species appears to hurricanes to improve the recovery of in) or more) and the very high humidity have the ability to temporarily migrate the elfin-woods warbler within EYNF during most of the year are not to undisturbed areas and survive in and MCF (Service 2014, pp. 18–19). conditions conducive to fires as they are MCF, such dispersal ability has not been Additionally, the CCA will help develop in the dry, temperate climates documented at EYNF. Having two and design studies to gather information encountered in other regions. The last known elfin-woods warbler populations on the elfin-woods warbler (e.g., habitat fire incident in EYNF, recorded in 1994, that are geographically separate may needs, habitat use, movement and was categorized as a ‘‘minimal fire’’ that benefit the species to some degree, as it activity patterns, responses to biotic and was quickly controlled by USFS staff is unlikely that the same hurricane abiotic factors, and genetic variation) in (USFS 2015, no page number). In the would affect both EYNF and MCF. order to better design and implement CCF area, fires are considered human- However, the fact that there are only conservation strategies for the recovery two known remaining populations induced and occur in a low frequency of the species. makes the species more vulnerable to along the road PR–184 (Monsegur 2015, extinction if one is lost due to a pers. comm.). Although the road-side Summary of Factor E catastrophic weather event. fires are considered minimal, they have Based on the information available Climate change also is expected to the potential to extend to forested lands and limited distribution of the elfin- alter the structure and distribution of within CCF and adjacent private lands woods warbler, we believe that this the habitat used by the elfin-woods affecting suitable elfin-woods warbler species is currently threatened by warbler, which may be particularly habitat. natural or manmade factors such as susceptible because of the limited In the Maricao area (i.e., hurricanes and human-induced fire. distribution and specific forest types Municipalities of Sabana Grande and Climate change may exacerbate these used by the species. Available San Germa´n), fires occur more threats by increasing intensity and information indicates that while frequently on the southern dry slopes of frequency of hurricanes and continued change is expected, the MCF and adjacent private lands, environmental effects, although magnitude and rate of that change is particularly during the dry season information is lacking on the specific currently unknown. Therefore, the (Avila 2014, pers. comm.). Human- extent of these effects. Thus, we immediate impact from climate change induced fires modify the landscape and consider Factor E to be a threat to this on the elfin-woods warbler is uncertain. ecological conditions of the habitat by species. Human-induced fires have been promoting growth of nonnative trees reported in the Maricao area mostly and grasses (Brandeis and Woodall Proposed Determination within the lower southern slopes of the 2008, p. 557). These landscape We have carefully assessed the best MCF and adjacent private lands, modifications may reduce the quality scientific and commercial information particularly during the dry season, and and quantity of potential elfin-woods available regarding the past, present, in the CCF area in a low frequency along warbler habitat. Moreover, these fires and future threats to elfin-woods the road PR–184. These fires can modify alter the habitat, decreasing the ability warbler. Current available information the landscape and ecological conditions, of the species to disperse to other indicates that the elfin-woods warbler and reduce the quality and quantity of forested habitats. Although the primary has a limited distribution, with only two potential elfin-woods warbler habitat. habitat for the species in MCF (i.e., known populations occurring within Habitat disturbance caused by human- Podocarpus forest) (Gonza´lez 2008, pp. EYNF and MCF, including the private induced fires may also affect the ability 20–21) is not prone to fire disturbance lands adjacent to MCF, and at least one of the species to disperse to other because it is located on the highest extirpated population from CCF. As forested habitats. However, in MCF, the peaks within the lower montane wet discussed in the Summary of Factors areas that are more prone to human- forest life zone, suitable habitat at lower Affecting the Species section of this induced fires are not the primary habitat elevations might be in danger if these proposed rule, threats to the elfin-woods for the species, which is the Podocarpus fires extend to forested lands within the warbler include loss, fragmentation, and forest. This forest type is not prone to forest or private lands. Severe fires in degradation of habitat on private lands fire disturbance because it is located on moist tropical forests have the potential adjacent to MCF (Factor A). Some of highest peaks within the lower montane to alter microclimates, allowing atypical these lands are subjected to habitat wet forest life zone. Although the forest species to invade, increasing the modification caused by unsustainable primary habitat for the species in MCF, chance of recurrent fires (Sherman et al. agricultural practices (i.e., sun-grown EYNF, and CCF is not prone to fire 2008, p. 536). coffee plantations), small residential disturbance, potential suitable habitat at

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lower elevations might be in danger if ‘‘endangered species’’ and ‘‘threatened (composed of species experts, Federal these fires extend to forested lands species.’’ See the Final Policy on and State agencies, nongovernmental within the forests or private lands. Interpretation of the Phrase ‘‘Significant organizations, and stakeholders) are The Act defines an endangered Portion of Its Range’’ in the Endangered often established to develop recovery species as any species that is ‘‘in danger Species Act’s Definitions of plans. If this species is listed, the of extinction throughout all or a ‘‘Endangered Species’’ and ‘‘Threatened recovery outline, draft recovery plan, significant portion of its range’’ and a Species’’ (79 FR 37577; July 1, 2014). and the final recovery plan will be made threatened species as any species ‘‘that available on our Web site (http:// Available Conservation Measures is likely to become endangered www.fws.gov/endangered), or from our throughout all or a significant portion of Conservation measures provided to Caribbean Ecological Services Field its range within the foreseeable future.’’ species listed as endangered or Office (see FOR FURTHER INFORMATION We find that the elfin-woods warbler is threatened under the Act include CONTACT). not presently in danger of extinction recognition, recovery actions, Implementation of recovery actions throughout its entire range based on the requirements for Federal protection, and generally requires the participation of a low to moderate severity and non- prohibitions against certain practices. broad range of partners, including other immediacy of threats currently Recognition through listing results in Federal agencies, States, Tribes, impacting the species. The available public awareness, and conservation by nongovernmental organizations, information indicates that elfin-woods Federal, State, Tribal, and local businesses, and private landowners. warbler populations appear to be stable agencies; private organizations; and Examples of recovery actions include in MCF and that there are no immediate individuals. The Act encourages habitat restoration (e.g., restoration of threats precipitating a demographic cooperation with the States and other native vegetation), research, captive decline of the elfin-woods warbler in countries and calls for recovery actions propagation and reintroduction, and that forest. In Maricao, the species has to be carried out for listed species. The outreach and education. The recovery of been reported adjacent to the protection required by Federal agencies many listed species cannot be Commonwealth forest in shade-grown and the prohibitions against certain accomplished solely on Federal lands coffee plantations, demonstrating that activities are discussed, in part, below. because their range may occur primarily the species may tolerate some degree of The primary purpose of the Act is the or solely on non-Federal lands. To habitat disturbance. At EYNF, the most conservation of endangered and achieve recovery of these species current information reported a declining threatened species and the ecosystems requires cooperative conservation efforts trend of the elfin-woods warbler upon which they depend. The ultimate on private, State, and Tribal lands. If population, mainly attributed to goal of such conservation efforts is the this species is listed, funding for hurricanes striking that forest. However, recovery of these listed species, so that recovery actions will be available from there are no specific studies they no longer need the protective a variety of sources, including Federal corroborating that hurricanes are in fact measures of the Act. Subsection 4(f) of budgets, State programs, and cost share the main cause of elfin-woods warbler the Act calls for the Service to develop grants for non-Federal landowners, the population declines at EYNF and other and implement recovery plans for the academic community, and factors may be influencing the decline conservation of endangered and nongovernmental organizations. In (e.g., population low densities and threatened species. The recovery addition, pursuant to section 6 of the patchy spatial arrangement). Although planning process involves the Act, the Commonwealth of Puerto Rico the species appears to be stable at the identification of actions that are would be eligible for Federal funds to MCF, it may be declining at EYNF and necessary to halt or reverse the species’ implement management actions that extirpated from CCF. The cumulative decline by addressing the threats to its promote the protection or recovery of effects of habitat modification by human survival and recovery. The goal of this the elfin-woods warbler. Information on actions (e.g., unsustainable agricultural process is to restore listed species to a our grant programs that are available to practices) and natural events such as point where they are secure, self- aid species recovery can be found at: hurricanes would make the two known sustaining, and functioning components http://www.fws.gov/grants. populations more vulnerable to of their ecosystems. Although the elfin-woods warbler is extinction due to their restricted Recovery planning includes the only proposed for listing as threatened distribution, limited population development of a recovery outline under the Act at this time, please let us numbers, and specific ecological shortly after a species is listed and know if you are interested in requirements. Therefore, on the basis of preparation of a draft and final recovery participating in conservation efforts for the best available scientific and plan. The recovery outline guides the this species. Additionally, we invite you commercial information, we propose immediate implementation of urgent to submit any new information on this listing the elfin-woods warbler as recovery actions and describes the species whenever it becomes available threatened in accordance with sections process to be used to develop a recovery and any information you may have for 3(20) and 4(a)(1) of the Act. We find that plan. The plan may be revised to conservation planning purposes (see an endangered species status is not address continuing or new threats to the FOR FURTHER INFORMATION CONTACT). appropriate for elfin-woods warbler species, as new substantive information Section 7(a) of the Act requires because the species is not currently in becomes available. The recovery plan Federal agencies to evaluate their imminent danger of extinction. also identifies recovery criteria for actions with respect to any species that Under the Act and our implementing review of when a species may be ready is proposed or listed as an endangered regulations, a species may warrant for reclassification from endangered to or threatened species and with respect listing if it is endangered or threatened threatened or for delisting and methods to its critical habitat, if any is throughout all or a significant portion of for monitoring recovery progress. designated. Regulations implementing its range. Because we have determined Recovery plans also establish a this interagency cooperation provision that elfin-woods warbler is threatened framework for agencies to coordinate of the Act are codified at 50 CFR part throughout all of its range, no portion of their recovery efforts and provide 402. Section 7 (a)(1) of the Act directs its range can be ‘‘significant’’ for estimates of the cost of implementing all Federal agencies to ‘‘utilize their purposes of the definitions of recovery tasks. Recovery teams authorities in furtherance of the

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purposes of the Act by carrying out this proposal will not be finalized until plants by planting seedlings or cuttings, programs for the conservation of’’ we have reviewed comments from the direct seeding, or natural regeneration. endangered and threatened species. public and peer reviewers. The purpose is to promote forest Section 7(a)(4) of the Act requires As discussed above in the Summary products such as timber, wildlife Federal agencies to confer with the of Factors Affecting the Species section habitat, long-term erosion control, and Service on any action that is likely to of this proposed listing rule, threats to improvement of water quality, and to jeopardize the continued existence of a the species include loss, fragmentation, improve or restore natural diversity. species proposed for listing or result in and degradation of habitat due to destruction or adverse modification of unsustainable agricultural practices and Provisions of the Proposed 4(d) Rule proposed critical habitat. If a species is land use requiring vegetation clearance. Under this proposed 4(d) rule, all of listed subsequently, section 7(a)(2) of Agricultural practices occurring on the prohibitions set forth at 50 CFR the Act requires Federal agencies to private lands adjacent to MCF, 17.31 and 17.32 would apply to the ensure that activities they authorize, especially those involving habitat elfin-woods warbler, except that fund, or carry out are not likely to modification (e.g., deforestation and incidental take caused by the following jeopardize the continued existence of conversion of shade-grown coffee to activities conducted within habitats the species or destroy or adversely sun-grown coffee plantations), can currently occupied by the elfin-woods modify its critical habitat. If a Federal result in vegetation removal and habitat warbler on private, Commonwealth, and action may affect a listed species or its alteration, thereby degrading habitats Federal lands would not be prohibited, critical habitat, the responsible Federal used by elfin-woods warbler for feeding, provided those activities (1) abide by agency must enter into consultation sheltering, and reproduction. the conservation measures in the rule, with the Service. The private lands surrounding MCF and (2) are conducted in accordance Federal agency actions within the are considered the most active coffee with applicable Commonwealth, species’ habitat that may require production lands in Puerto Rico. Sun- Federal, and local laws and regulations: grown coffee plantations adjacent to conference or consultation or both as (1) The conversion of sun-grown MCF were converted several decades described in the preceding paragraph coffee to shade-grown coffee plantations ago, resulting in the elimination of include management and any other by the restoration and maintenance (i.e., native forest overstory, reducing the landscape-altering activities on Federal removal of invasive, exotic, and feral habitat value for wildlife, including the lands administered by the USFS; species; shade and coffee tree seasonal elfin-woods warbler. Although the issuance of section 404 Clean Water Act pruning; shade and coffee tree planting (33 U.S.C. 1251 et seq.) permits by the majority of the coffee-related and replacement; coffee bean harvest by U.S. Army Corps of Engineers; and agricultural lands were converted to hands-on methods; and the use of construction and maintenance of roads sun-grown coffee plantations, several standard pest control methods and or highways by the Federal Highway parcels of land surrounding MCF are fertilizers within the plantations) of Administration. currently part of a multi-agency habitat restoration initiative in southwestern shade-grown coffee plantations and Proposed 4(d) Rule Puerto Rico implemented by the Service native forests associated with this type Under section 4(d) of the Act, the and NRCS since 2010, through the PFW, of crop. To minimize disturbance to Service has discretion to issue CP, and U.S. Department of Agriculture elfin-woods warbler, shade and coffee regulations that we find necessary and Farm Bill Programs. Activities that tree seasonal pruning must be advisable to provide for the improve or restore physical habitat conducted outside the peak of the elfin- conservation of threatened wildlife. We quality, such as the conversion of sun- woods warbler’s breeding season (July 1 may also prohibit by regulation, with grown coffee to shade-grown coffee, through February 28). The Service respect to threatened wildlife, any act reforestation with native trees, riparian considers the use of pest control prohibited by section 9(a)(1) of the Act buffering, and forested habitat methods (e.g., pesticides, herbicides) for endangered wildlife. 50 CFR 17.31(a) enhancement (i.e., exotic species and fertilizers ‘‘standard’’ when it is applies all the general prohibitions for removal, and native tree planting), used only twice a year during the endangered wildlife set forth at 50 CFR would have a positive effect on elfin- establishment period of shade and 17.21 to threatened wildlife; 50 CFR woods warbler populations and would coffee trees (i.e., the first 2 years). 17.31(c) states that whenever a 4(d) rule provide an overall conservation benefit During this period, the structure of the applies to a threatened species, the to the species. The NRCS conservation agroforestry system is not mature provisions of 17.31(a) do not apply to practices promoted under this initiative enough to sustain the occurrence of that species. Permit provisions for are the Multi-Story Cropping (Practice elfin-woods warblers within these areas. threatened species are set forth at 50 379) and Tree/Shrub Establishment Once the shade-grown coffee system CFR 17.32. (Practice 612) (USFWS 2011). The reaches its functionality and structure Some activities that would normally Multi-Story Cropping practice promotes (i.e., 3 to 4 years), little or no chemical be prohibited under 50 CFR 17.31 and the establishment of stands of trees or fertilizers, herbicides, or pesticides are 17.32 will contribute to the conservation shrubs that are managed as overstory required, their use would be restricted of the elfin-woods warbler because with an understory of woody and/or under the proposed 4(d) rule. This is the habitats within some of the physically non-woody plants that are grown for a time period when the shade-grown degraded private lands adjacent to elfin- variety of products. The purpose of this coffee system is mature enough to woods warbler existing populations practice is to improve crop diversity by support the presence of wildlife species. must be improved before they are growing mixed but compatible crops Researchers have found that the number suitable for the species. Therefore, for having different heights in the same of species of birds in coffee plantations the elfin-woods warbler, the Service has area. This will improve soil quality, with structurally and floristically determined that species-specific reduce erosion, enhance degraded areas, diverse canopies is similar to the exceptions authorized under section and provide habitat for wildlife species number of species in natural forest 4(d) of the Act may be appropriate to such as the elfin-woods warbler. The habitat and is higher than other promote the conservation of this Tree/Shrub Establishment Practice agricultural landscapes without trees species. Like the proposed listing rule, promotes the establishment of woody (Perfecto et al. 1996, pp. 603–605).

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The restoration of agricultural lands provide for the conservation of the elfin- agricultural lands (i.e., degraded habitat due to the planting of native trees to woods warbler. Nothing in this not suitable for the species) other than provide shade to coffee trees or by proposed 4(d) rule would change in any sun to shade-grown coffee conversion selective removal of exotic species way the recovery planning provisions of and maintenance, including herbicide, creates physically stable and suitable section 4(f) of the Act, the consultation pesticide, and fertilizer use outside of habitats for the elfin-woods warbler. requirements under section 7 of the Act, coffee plantations, which are carried out Moreover, the cultivation of shade- or the ability of the Service to enter into in accordance with any Commonwealth grown coffee has many other ecological partnerships for the management and and Federal existing regulations, permit and human-health benefits such as the protection of the elfin-woods warbler. and label requirements, and best reduction of soil erosion, moderation of We may issue permits to carry out management practices. soil temperatures, and reduced need for otherwise prohibited activities We believe the following activities fertilizers and pesticides (Borkhataria et involving threatened wildlife under may potentially result in a violation of al. 2012, p.168). Therefore, restoration, certain circumstances. Regulations section 9 the Act. This list is not conservation, and protection of shade- governing permits are codified at 50 comprehensive: grown coffee plantations would provide CFR 17.32. With regard to threatened (1) Unauthorized collecting or suitable habitat for the feeding, wildlife, a permit may be issued for the handling of the species; sheltering, and reproduction activities following purposes: For scientific (2) Destruction/alteration/ of this species and may provide habitat purposes, to enhance the propagation or fragmentation of habitat essential to to promote the elfin-woods warblers’ survival of the species, economic fulfilling the lifecycle of the species; dispersal and recolonization of lands hardship, zoological exhibition, and adjacent to the existing populations. educational purposes, and for incidental (3) Introduction of nonnative species (2) Riparian buffer establishment take in connection with otherwise that compete with or prey upon the through the planting of native lawful activities. There are also certain elfin-woods warbler. vegetation and removal of exotic species statutory exemptions from the Questions regarding whether specific may improve the habitat conditions of prohibitions, which are found in activities would constitute a violation of Gallery forests along the sub-watersheds sections 9 and 10 of the Act. section 9 of the Act should be directed associated with lands adjacent to the It is our policy, as published in the to the Caribbean Ecological Services elfin-woods warbler’s existing Federal Register on July 1, 1994 (59 FR Field Office (see FOR FURTHER populations. Gallery forests serve as 34272), to identify to the maximum INFORMATION CONTACT). extent practicable at the time a species biological corridors that maintain Critical Habitat connectivity between forested lands and is listed, those activities that would or associated agricultural lands, reducing would not constitute a violation of Section 3(5)(A) of the Act defines the fragmentation in the landscape. section 9 of the Act (for this species, critical habitat as (i) the specific areas (3) Reforestation and forested habitat those section 9 prohibitions that would within the geographical area occupied enhancement projects within secondary be adopted through the proposed 4(d) by the species, at the time it is listed forests (i.e., young and mature) that rule). The intent of this policy is to . . . on which are found those physical promote the establishment or increase public awareness of the effect or biological features (I) Essential to the improvement of habitat conditions for of a proposed listing on proposed and conservation of the species and (II) the species by the planting of native ongoing activities within the range of which may require special management trees, selective removal of native and species proposed for listing. Based on considerations or protection; and (ii) exotic trees, seasonal pruning of native the best available information, the specific areas outside the geographical and exotic trees, or a combination of following actions are unlikely to result area occupied by the species at the time these. in a violation of section 9, if these it is listed . . . upon a determination by The intent of these exceptions is to activities are carried out in accordance the Secretary that such areas are provide incentive for landowners to with existing regulations and permit essential for the conservation of the carry out these activities in a manner requirements. This list is not species. Section 3(3) of the Act (16 which we believe will provide benefits comprehensive: U.S.C. 1532(3)) defines the terms to the species such as (1) maintaining (1) Activities authorized, funded, or ‘‘conserve,’’ ‘‘conserving,’’ and connectivity of suitable elfin-woods carried out by Federal or ‘‘conservation’’ to mean to use and the warbler habitats, allowing for dispersal Commonwealth agencies (e.g., use of all methods and procedures between forested and agricultural lands; expansion or construction of which are necessary to bring any (2) minimizing habitat disturbance by communication facilities; expansion of endangered species or threatened conducting certain activities outside the recreational facilities; pipeline species to the point at which the peak of the elfin-woods warbler’s construction; bridge construction; road measures provided pursuant to this breeding season (i.e., July 1 to February rehabilitation and maintenance; chapter Act are no longer necessary. 28); (3) maximizing the amount of expansion, construction, or Section 4(a)(3) of the Act, as habitat that is available for the species; maintenance of aqueduct facilities; amended, and implementing regulations and (4) improving habitat quality. While habitat management; Federal and (50 CFR 424.12), require that, to the these activities may cause some Commonwealth trust species maximum extent prudent and temporary disturbance to the elfin- reintroductions; trail maintenance; determinable, the Secretary shall woods warbler or its habitat, we do not camping areas maintenance; research, designate critical habitat at the time the expect these activities to adversely repair, and restoration of landslides; species is determined to be an affect the species’ conservation efforts. etc.), when such activities are endangered or threatened species. Our In fact, we expect they will have a net conducted in accordance with the regulations (50 CFR 424.12(a)(1)) state beneficial effect on the species. consultation and planning requirements that the designation of critical habitat is Based on the rationale above, the for listed species under section 7 of the not prudent when one or both of the provisions included in this proposed Act; and following situations exist: rule authorized under section 4(d) of the (2) Agricultural and silviculture (1) The species is threatened by taking Act are necessary and advisable to practices implemented within existing or other human activity, and

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identification of critical habitat can be available information, we find that a notice outlining our reasons for this expected to increase the degree of threat critical habitat for elfin-woods warbler determination in the Federal Register to the species, or is not determinable because the specific on October 25, 1983 (48 FR 49244). (2) Such designation of critical habitat information sufficient to perform the References Cited would not be beneficial to the species. required analysis of the impacts of the As discussed under Factor B above, designation is currently lacking. A complete list of references cited in there is currently no imminent threat of this rulemaking is available on the Required Determinations take attributed to collection or Internet at http://www.regulations.gov vandalism for this species, and Clarity of the Rulemaking and upon request from the Caribbean identification and mapping of critical We are required by Executive Orders Ecological Services Field Office (see FOR habitat is not expected to initiate any FURTHER INFORMATION CONTACT). such threat. Therefore, in the absence of 12866 and 12988 and by the finding that the designation of critical Presidential Memorandum of June 1, Authors habitat would increase threats to a 1998, to write all rules in plain language. This means that each rule we The primary authors of this proposed species, if there are any benefits to a rule are the staff members of the critical habitat designation, we must publish must: (1) Be logically organized; Caribbean Ecological Services Field find that designation is prudent. Here, Office. the potential benefits of designation (2) Use the active voice to address include: (1) Triggering consultation readers directly; List of Subjects in 50 CFR Part 17 (3) Use clear language rather than under section 7 of the Act, in new areas Endangered and threatened species, for actions in which there may be a jargon; (4) Be divided into short sections and Exports, Imports, Reporting and Federal nexus where it would not recordkeeping requirements, otherwise occur because, for example, it sentences; and Transportation. is unoccupied; (2) focusing conservation (5) Use lists and tables wherever activities on the most essential features possible. Proposed Regulation Promulgation and areas; (3) providing educational If you feel that we have not met these Accordingly, we propose to amend benefits to State or county governments requirements, send us comments by one part 17, subchapter B of chapter I, title or private entities; and (4) reducing the of the methods listed in the ADDRESSES 50 of the Code of Federal Regulations, potential for people to cause inadvertent section. To better help us revise the harm to the species. rule, your comments should be as as set forth below: specific as possible. For example, you Because we have determined that the PART 17—[AMENDED] designation of critical habitat will not should tell us the numbers of the sections or paragraphs that are unclearly likely increase the degree of threat to the ■ 1. The authority citation for part 17 written, which sections or sentences are species and may provide some measure continues to read as follows: of benefit, we determine that too long, the sections where you feel lists or tables would be useful, etc. Authority: 16 U.S.C. 1361¥1407; 16 U.S.C. designation of critical habitat is prudent ¥ ¥ for the elfin-woods warbler. 1531 1544; 4201 4245, unless otherwise Our regulations (50 CFR 424.12(a)(2)) National Environmental Policy Act (42 noted. U.S.C. 4321 et seq.) further state that critical habitat is not ■ 2. Amend § 17.11(h) by adding an determinable when one or both of the We have determined that entry for ‘‘Warbler, Elfin-woods’’ to the following situations exists: (1) environmental assessments and List of Endangered and Threatened Information sufficient to perform environmental impact statements, as Wildlife in alphabetical order under required analysis of the impacts of the defined under the authority of the BIRDS to read as set forth below: designation is lacking; or (2) the National Environmental Policy Act, biological needs of the species are not need not be prepared in connection § 17.11 Endangered and threatened sufficiently well known to permit with listing a species as an endangered wildlife. identification of an area as critical or threatened species under the * * * * * habitat. On the basis of a review of Endangered Species Act. We published (h) * * *

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

******* BIRDS

******* Warbler, elfin-woods Setophaga angelae U.S.A. (PR) ...... Entire ...... T ...... NA 17.41(e)

*******

* * * * * (e) Elfin-woods warbler (Setophaga (2) Exemptions from prohibitions. ■ 3. Amend § 17.41 by adding paragraph angelae). (1) Prohibitions. Except as Incidental take of the elfin-woods (e) to read as follows: noted in paragraph (e)(2) of this section, warbler will not be considered a all prohibitions and provisions of 50 violation of section 9 of the Act if the § 17.41 Special rules—birds. CFR 17.31 and 17.32 apply to the elfin- take results from any of the following * * * * * woods warbler. when conducted within habitats currently occupied by elfin-woods

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warbler provided these activities abide DEPARTMENT OF THE INTERIOR information you provide us (see Public by the conservation measures set forth Comments, below, for more in this paragraph and are conducted in Fish and Wildlife Service information). accordance with applicable State, FOR FURTHER INFORMATION CONTACT: 50 CFR Part 17 Federal, and local laws and regulations: Louise Clemency, Field Supervisor, U.S. (i) The conversion of sun-grown [Docket No. FWS–R3–ES–2015– Fish and Wildlife Service, Chicago coffee to shade-grown coffee plantations 0145;4500030113] Ecological Services Field Office, 1250 S. by the restoration and maintenance (i.e., RIN 1018–BA98 Grove Ave., Suite 103, Barrington, IL removal of invasive, exotic, and feral 60010–5010; by telephone 847–381– species; shade and coffee tree seasonal Endangered and Threatened Wildlife 2253. Persons who use a pruning; shade and coffee tree planting and Plants; Threatened Species Status telecommunications device for the deaf and replacement; coffee bean harvest by for the Eastern Massasauga (TDD) may call the Federal Information hands-on methods; and the use of Rattlesnake Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: standard pest control methods and AGENCY: Fish and Wildlife Service, fertilizers within the plantations) of Interior. Executive Summary shade-grown coffee plantations and ACTION: Proposed rule. Why we need to publish a rule. Under native forests associated with this type the Act, if a species is determined to be of crop. To minimize disturbance to SUMMARY: We, the U.S. Fish and an endangered or threatened species elfin-woods warbler, shade and coffee Wildlife Service (Service), propose to throughout all or a significant portion of tree seasonal pruning must be list the eastern massasauga rattlesnake its range, we are required to promptly conducted outside the peak of the elfin- (Sistrurus catenatus), a rattlesnake publish a proposal in the Federal woods warbler’s breeding season (i.e., species found in 10 States and 1 Register and make a determination on July through February). The Service Canadian Province, as a threatened our proposal within 1 year. Critical considers the use of pest control species under the Endangered Species habitat shall be designated, to the methods (e.g., pesticides, herbicides) Act (Act). If we finalize this rule as maximum extent prudent and and fertilizers ‘‘standard’’ when it is proposed, it would extend the Act’s determinable, for any species used only twice a year during the protections to this species. We have also determined to be an endangered or establishment period of shade and determined that the designation of threatened species under the Act. critical habitat for the eastern coffee trees (i.e., the first 2 years). Once Listing a species as an endangered or massasauga rattlesnake is not prudent. the shade-grown coffee system reaches threatened species and designations and its functionality and structure (i.e., 3 to DATES: We will accept comments revisions of critical habitat can only be 4 years), little or no chemical fertilizers, received or postmarked on or before completed by issuing a rule. We have November 30, 2015. Comments herbicides, or pesticides may be used. determined that designating critical submitted electronically using the habitat is not prudent for the eastern (ii) Riparian buffer establishment Federal eRulemaking Portal (see massasauga rattlesnake. though the planting of native vegetation ADDRESSES, below) must be received by This rule proposes the listing of the and selective removal of exotic species. 11:59 p.m. Eastern Time on the closing eastern massasauga rattlesnake as a (iii) Reforestation and forested habitat date. We must receive requests for threatened species. The eastern enhancement projects within secondary public hearings, in writing, at the massasauga rattlesnake is a candidate forests (i.e., young and mature) that address shown in FOR FURTHER species for which we have on file promote the establishment or INFORMATION CONTACT by November 16, sufficient information on biological improvement of habitat conditions for 2015. vulnerability and threats to support the species by the planting of native ADDRESSES: You may submit comments preparation of a listing proposal, but for trees, selective removal of native and by one of the following methods: which development of a listing rule has exotic trees, seasonal pruning of native (1) Electronically: Go to the Federal been precluded by other higher priority and exotic trees, or a combination of eRulemaking Portal: http:// listing activities. This rule reassesses all these. www.regulations.gov. In the Search box, available information regarding status of enter FWS–R3–ES–2015–0145, which is and threats to the eastern massasauga * * * * * the docket number for this rulemaking. rattlesnake. Dated: September 17, 2015. Then click on the Search button. On the The basis for our action. Under the Stephen Guertin, resulting page, in the Search panel on Act, we can determine that a species is an endangered or threatened species Acting Director, U.S. Fish and Wildlife the left side of the screen, under the Service. Document Type heading, click on the based on any of five factors: (A) The Proposed Rules link to locate this present or threatened destruction, [FR Doc. 2015–24775 Filed 9–29–15; 8:45 am] document. You may submit a comment modification, or curtailment of its BILLING CODE 4310–55–P by clicking on ‘‘Comment Now!’’ habitat or range; (B) overutilization for (2) By hard copy: Submit by U.S. mail commercial, recreational, scientific, or or hand-delivery to: Public Comments educational purposes; (C) disease or Processing, Attn: FWS–R3–ES–2015– predation; (D) the inadequacy of 0145, U.S. Fish and Wildlife Service, existing regulatory mechanisms; or (E) MS: BPHC, 5275 Leesburg Pike, Falls other natural or manmade factors Church, VA 22041–3803. affecting its continued existence. We request that you send comments Although there are several factors that only by the methods described above. are affecting the species’ status, the loss We will post all comments on http:// of habitat was historically, and www.regulations.gov. This generally continues to be, the primary threat, means that we will post any personal either through development or through

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