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Niles Road, St. Joseph, Michigan 49085– available by appointment, during adjacent to elfin-woods warbler existing 9659, (269) 429–0300. http:// normal business hours, at: U.S. Fish and populations must be improved before www.asabe.org/publications/ Wildlife Service, Caribbean Ecological they are suitable for the species; publications/standards.aspx. Services Field Office (see FOR FURTHER therefore, some activities that would (1) ANSI/ASABE 279.14 JUL2008, INFORMATION CONTACT). normally be prohibited under 50 CFR ‘‘Lighting and Marking of Agricultural FOR FURTHER INFORMATION CONTACT: 17.31 and 17.32 will contribute to the Equipment on Highways,’’ approved Marelisa Rivera, Deputy Field conservation of the elfin-woods warbler. August 2008, into § 562.7. Supervisor, U.S. Fish and Wildlife For the elfin-woods warbler, the Service (2) ANSI/ASAE 390.4 JAN2005, Service, Caribbean Ecological Services has determined that species-specific ‘‘Definitions and Classifications of Field Office, P.O. Box 491, Road 301 regulations authorized by section 4(d) of Agricultural Field Equipment,’’ Km. 5.1, Boquero´n, PR 00622; telephone the Act are necessary and advisable to approved February 2005, into § 562.3. 787–851–7297; facsimile 787–851–7440. provide for the conservation of this (b) [Reserved]. Persons who use a telecommunications species. Issued on June 14, 2016, in Washington, device for the deaf (TDD) may call the Peer review and public comment. We DC, under authority delegated in 49 CFR 1.95 Federal Information Relay Service sought comments from independent and 501.5. (FIRS) at 800–877–8339. specialists to ensure that our Mark R. Rosekind, SUPPLEMENTARY INFORMATION: determination is based on scientifically Administrator. sound data, assumptions, and analyses. Executive Summary We invited these peer reviewers to [FR Doc. 2016–14571 Filed 6–21–16; 8:45 am] Why we need to publish a rule. Under comment on the listing proposal. We BILLING CODE 4910–59–P the Endangered Species Act, a species considered all comments and may warrant protection through listing information we received during the if it is endangered or threatened comment period. DEPARTMENT OF THE INTERIOR throughout all or a significant portion of Previous Federal Action its range. Listing a species as an Fish and Wildlife Service endangered or threatened species can Please refer to the proposed listing only be completed by issuing a rule. rule (80 FR 58674, September 30, 2015) 50 CFR Part 17 This rule finalizes the listing of the for a detailed description of previous [Docket No. FWS–R4–ES–2015–0144; elfin-woods warbler (Setophaga Federal actions concerning the elfin- 4500030113] angelae) as a threatened species. It woods warbler. includes provisions under the authority RIN 1018–BA94 Summary of Comments and of section 4(d) of the Act that are Recommendations necessary and advisable for the Endangered and Threatened Wildlife In the proposed rule published on and Plants; Threatened Species Status conservation needs of the elfin-woods warbler. September 30, 2015 (80 FR 58674), we for the Elfin-Woods Warbler With 4(d) requested that all interested parties Rule The basis for our action. Under the Act, we may determine that a species is submit written comments on the AGENCY: Fish and Wildlife Service, a threatened species based on any of proposal by November 30, 2015. We Interior. five factors: (A) The present or also contacted appropriate Federal and ACTION: Final rule. threatened destruction, modification, or State agencies, scientific experts and curtailment of its habitat or range; (B) organizations, and other interested SUMMARY: We, the U.S. Fish and overutilization for commercial, parties and invited them to comment on Wildlife Service (Service), determine recreational, scientific, or educational the proposal. On October 3, 2015, we threatened species status under the purposes; (C) disease or predation; (D) published a newspaper notice in the Endangered Species Act (Act), as the inadequacy of existing regulatory Primera Hora inviting general public amended, for the elfin-woods warbler mechanisms; or (E) other natural or comment. We did not receive any (Setophaga angelae), a bird species in manmade factors affecting its continued requests for a public hearing. existence. We have determined that this Puerto Rico. This rule will add this Peer Reviewer Comments species to the List of Endangered and species is currently at risk throughout Threatened Wildlife. We are also all of its range due to threats related to In accordance with our peer review adopting a rule under the authority of habitat modification on private lands policy published on July 1, 1994 (59 FR section 4(d) of the Act (a ‘‘4(d) rule’’) under agricultural and other land use 34270), we solicited expert opinion that is necessary and advisable to requiring vegetation clearance (Factor from six knowledgeable individuals provide for the conservation of the elfin- A) and to other natural or manmade with scientific expertise that included woods warbler. factors, such as restricted distribution familiarity with the elfin-woods warbler and its habitat, biological needs, and DATES: This rule is effective July 22, and lack of connectivity, genetic drift, threats. We received responses from 2016. hurricanes, and the effects of climate change (Factor E). four of the peer reviewers. ADDRESSES: This final rule is available Under section 4(d) of the Act, the We reviewed all comments we on the Internet at http:// Secretary of the Interior has discretion received from the peer reviewers for www.regulations.gov and http:// to issue such regulations she deems substantive issues and new information www.fws.gov/caribbean. Comments and necessary and advisable to provide for regarding the listing of elfin-woods materials we received, as well as the conservation of the species. The warbler. The peer reviewers generally supporting documentation we used in Secretary also has the discretion to concurred with our methods and preparing this rule, are available for prohibit by regulation, with respect to a conclusions, and provided additional public inspection at http:// threatened species, any act prohibited information, clarifications, and www.regulations.gov. Comments, by section 9(a)(1) of the Act. suggestions to improve this final rule. materials, and documentation that we Habitats within some of the Substantive peer reviewer comments are considered in this rulemaking will be physically degraded private lands addressed in the following summary

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and incorporated into the final rule as laws will address actions that may February 28. However, we concur with appropriate. result in take of the species. the information presented by the peer (1) Comment: One peer reviewer (4) Comment: One peer reviewer reviewer, and have made changes to this stated that the proposed listing rule did emphasized the need for research on the final rule to reflect the peer reviewer’s not include references to the Puerto elfin-woods warbler and its status to input. Rico Breeding Bird Atlas Project of the inform managers and to facilitate the Sociedad Ornitolo´gica Puertorriquen˜ a, species’ future delisting. He indicated (8) Comment: One peer reviewer Inc. (SOPI; http://www.aosbirds.org/ that automated recording units (ARUs), warned about the potential of chemicals prbba/SpeciesEWWA.html). The peer which automatically record sounds for used for agriculture (such as pesticides, reviewer noted there is one record of the later computer analyses, suggest herbicides, and fertilizers) gaining elfin-woods warbler being detected tremendous potential for surveying the access to the food chain and eventually during this project on March 31, 2005, more inaccessible sites in CCF, Toro to arthropods feeding birds such as the in an area between Jayuya and Adjuntas Negro, and EYNF. elfin-woods warbler. (hexagon 913) in the central mountains Our Response: We acknowledge this Our Response: Under the proposed of Puerto Rico by Bailey McKay and comment and will develop recovery and this final 4(d) rule, pest control Richard West. The peer reviewer also actions, including research needs, in the substances (e.g., pesticides, herbicides) indicated that during a Bicknell’s thrush recovery plan for the species. The and fertilizers will be applied only study conducted by the Vermont Center Service concurs with the peer reviewer twice a year during the establishment for Ecostudies between January and on the use of ARUs to survey for the period of shade and coffee trees (i.e., the March, 2015, elfin-woods warblers were elfin-woods warbler in inaccessible first 2 years). The Service believes that sites. We have already initiated a project detected in the Maricao Commonwealth during this period, the structure of the with academia and local Forest (MCF) and El Yunque National agroforestry system is not mature Forest (EYNF), but were not detected in nongovernmental organizations using enough to sustain the occurrence of the Carite Commonwealth Forest (CCF) ARUs to assess the presence of the elfin- elfin-woods warblers within these areas. or in the municipalities of Jayuya and woods warbler at the CCF and EYNF. Adjuntas. (5) Comment: One peer reviewer Therefore, we do not expect that the Our Response: We appreciate these made reference to the description of the elfin-woods warbler will be negatively comments. We have added the new elfin-woods warbler included in the affected by these actions. information regarding the observation of proposed listing rule, indicating that (9) Comment: A peer reviewer the elfin-woods warbler between Jayuya adult and sub-adult elfin-woods warbler suggested modifying the following and Adjuntas to this final rule. The do not have a stripe above the eyes. sentence in the Proposed Determination information available from the Web site Our Response: We appreciate this section: ‘‘Current available information provided by this reviewer classified this information. We described the elfin- indicates that the elfin-woods warbler report as a possible observation of the woods warbler in the proposed listing has a limited distribution, with only two elfin-woods warbler (identified with rule based on Raffaele 1989 (p. 168). known populations occurring within Code X (seen or heard within safe dates) However, considering the expertise of EYNF and MCF, including the private in the database). this peer reviewer on the elfin-woods lands adjacent to MCF, and at least one (2) Comment: A peer reviewer warbler, we included this detailed extirpated population from CCF.’’ The provided information about a nest- information and specified that adult and suggested modification is as follows: building activity by the elfin-woods sub-adult elfin-woods warbler do not ‘‘Current available information indicates warbler at the MCF recorded on May 5, have a stripe above the eyes. 2002. The peer reviewer also provided (6) Comment: One per reviewer that the elfin-woods warbler has a information about the location and indicated that the breeding season of the limited distribution, with only two description of the nest. elfin-woods warbler should be extended known populations occurring within Our Response: We appreciate this to include the entire months of July and EYNF and MCF, including the private information, and have included the new August because during these months the lands adjacent to MCF, and at least one nesting record in this final rule. family groups stay together as a possibly extirpated population from (3) Comment: A peer reviewer stated cohesive unit, which is essential for the CCF.’’ that bird enthusiasts and wildlife survival of fledglings. Our Response: Based on the best photographers may pose a problem to Our Response: We concur with this available information, the elfin-woods the elfin-woods warbler, as some of rationale and have made changes to the warbler appears to be extirpated from them use recordings to attract these ‘‘Life History’’ and 4(d) Rule sections of CCF. However, we do not discard the birds, probably altering their normal this final rule to reflect the peer possibility that the species still occurs behavior. The peer reviewer indicated reviewer’s input. in this forest. Therefore, we accept the this situation appears to be increasing, (7) Comment: A peer reviewer peer reviewer’s comment and have and the existing regulations do not indicated that disturbances such as modified this rule accordingly. clearly address this potential shade and coffee tree seasonal pruning harassment. and other activities described in the Federal Agency Comments Our Response: We appreciate this proposed 4(d) rule should be conducted new information. At this time the from September 1 through February 28, Three of the peer reviewers consulted Service does not have sufficient which is the time period that the peer are also from Federal agencies. Only two information to consider this action as a reviewer suggests is outside the provided peer review of the proposed threat to the elfin-woods warbler. breeding season of the elfin-woods rule, and their comments are addressed However, we will be monitoring the warbler. above under Peer Reviewer Comments. species and will keep track of the effect Our Response: The proposed 4(d) rule One additional Federal agency of these actions. When this final rule is that was published with the proposed commented during the open comment effective (see DATES), regulations issued listing rule indicated that coffee tree period, but did not provide substantive by the Service under the Act and by the seasonal pruning and other activities information regarding the proposed Commonwealth of Puerto Rico under its would be conducted from July 1 through listing.

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Comments From the Commonwealth of Background monogamous. In addition, he reported Puerto Rico that the elfin-woods warbler maintained Species Information (10) Comment: One Commonwealth territorial defense throughout the year agency indicated it does not expect any Species Description and Taxonomy and documented that calling activity significant impacts on the elfin-woods The elfin-woods warbler was increases from January to April and warbler as a result of the projects it originally classified under the genus declines considerably during the time conducts. However, the agency asked to Dendroica, but is now recognized as pairs are incubating eggs or brooding be contacted should additional Setophaga (Lovette et al. 2010, p. 765). nestlings. Arroyo-Va´zquez (1992, p. 363) information on the habitat and location Angela and Cameron Kepler discovered reported the first detailed observation of of the species become available in order the species in 1971, in the Dwarf forest two nests found in March and April of to prevent potential impacts from future type at El Yunque National Forest 1990 in aerial leaf litter at heights projects. (EYNF) (Kepler and Parkes 1972, p. 3– between 1.3 to 7.6 m (4.3 to 25 ft) and Our Response: We appreciate these 5). The bird is about 12.5 centimeters comments. Any new information about documented a clutch size of two to three (cm) (5 inches (in)) in length (Raffaele eggs. Also, he observed that the pair’s the species’ distribution and habitat will 1998, p. 406). The adult’s upper body is be available to Commonwealth and cup nest was woven from rootlets and predominantly black and white, with fibers obtained from tree ferns and lined Federal agencies via the Service’s conspicuous white patches on the ear Environmental Conservation Online with grass leaves and down feathers. coverts and sides of the neck (Raffaele Raffaele et al. (1998, p. 406) further System (ECOS) Web site (http:// 1989, p. 168; Delannoy 2015, pers. ecos.fws.gov/ecp/) to be considered in described the nest of the elfin-woods comm.). The elfin-woods warbler is warbler as a compact cup, usually close future projects. For projects with a often mistaken for the black and white Federal nexus, consultations under to the trunk and well-hidden among warbler (Mniotilta varia), but the elfin- epiphytes of a small tree. Salguero section 7 of the Act address potential woods warbler is distinguished by its impacts to federally listed species. (2015, pers. comm.) indicated that on incomplete white eye-ring and entirely May 5, 2002, he and Carina Roig Public Comments black crown. Immature elfin-woods recorded a pair of elfin-woods warblers warblers are similar to adults, except We received three public comments. constructing a nest on a fork tip branch that they are grayish-green on the back, While all indicated support for the of a Pinus caribaea (Caribbean pine) and yellowish-green on the head and listing of the elfin-woods warbler as a about 5.0 m (16.4 ft) above ground at the underparts (Raffaele 1989, p. 168). The threatened species, none provided former camping area near the MCF bird’s call comprises a series of short, substantive comments requiring the offices. Rodrı´guez-Mojica (2004, p. 22) rapidly uttered, unmusical notes in one Service’s response. reported the first nesting event inside a pitch, increasing in volume and ending rotten tree stump of Palo Colorado Summary of Changes From the with a short series of distinct double (Cyrilla racemiflora) 7.0 m (23.3 ft) Proposed Rule notes (Curson et al. 1994, p. 156). above ground in an abandoned camping Based upon our review of the Life History area at the MCF. He described the nest comments from peer reviewers, other structure as consisting of a tightly Federal and Commonwealth agencies, Little detailed information has been woven cup of fine plant fibers with dry and the public, as summarized above, published on the life history of the elfin- leaves on its outside and noted that we reevaluated our proposed rule and woods warbler. Some authors noted that cavity-nesting is not common in incorporated the following changes into the elfin-woods warbler is an extremely warblers. this final rule. active warbler, moving among the dense Arroyo-Va´zquez (1992, p. 363) and (1) We modified the information in vines of forest strata with more foliage Rodrı´guez-Mojica (2004, p. 22) the species description to specify that cover or smaller branch tips, foraging suggested that the species selected aerial adult and sub-adult elfin-woods warbler insects, usually at intermediate foliage leaf litter and cavity-nesting sites to do not have a stripe above the eyes (see heights of 3 to 15 meters (m) (10 to 50 avoid predation. Some authors have ‘‘Species Description and Taxonomy,’’ feet (ft)) (Colo´n-Merced 2013, p. 2). suggested that elfin-woods warbler nest below). Opportunistic observations indicate the predators may include the pearly-eyed (2) We added information regarding elfin-woods warbler feeds on moths, thrasher (Margarops fuscatus), Puerto the report of the elfin-woods warbler dragonflies, and other types of insects; Rican tanager (Nesospingus between the municipalities of Adjuntas however, its specific diet remains speculiferus), Puerto Rican screech owls and Jayuya as part of the species’ range unknown (Colo´n-Merced 2013, p. 2). (Megascops nudipes), Puerto Rican boa (see ‘‘Historical and Current Raffaele et al. (1998, p. 406) indicated (Chilabothrus inornatus, listed as Distribution,’’ below). that the breeding season of the species Epicrates inornatus), Puerto Rican racer (3) We modified the information occurs from March to June. However, (Alsophis portoricensis), and feral cats regarding the breeding season of the Delannoy (2015, pers. comm.) stated (Felis catus) (Delannoy 2009, p. 2). elfin-woods warbler to include the that based on available information (i.e., Other potential predators of immature entire months of July and August (see Delannoy 2009), the breeding season of and adult individuals include the ‘‘Life History,’’ below). the elfin-woods warbler should include Indian mongoose (Herpestes (4) We modified the provisions of the the entire months of July and August auropunctatus) and black rat (Rattus 4(d) rule to set forth that coffee tree because family groups stay together as a rattus) (Arroyo-Va´zquez 1992, p. 364). seasonal pruning and other activities cohesive unit during May, June, July, must be conducted from September 1 to and August. Delannoy (2009, p. 1) Historical and Current Distribution February 28 (see 4(d) Rule, below). reported that four pairs of elfin-woods The elfin-woods warbler is endemic (5) We added information regarding warblers banded between 2004 and to the island of Puerto Rico and was an additional elfin-woods warbler’s 2008 remained together in their initially thought to occur only in the nest-building activity at the Maricao territories in the Maricao Luquillo Mountains at EYNF in eastern Commonwealth Forest (see ‘‘Life Commonwealth Forest (MCF), Puerto Rico (Kepler and Parks 1972, pp. History,’’ below). suggesting that the species is 5–6; Pe´rez-Rivera 1979, p. 58). During

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the early 1970s, the species was species is now restricted to two and Sierra Palm (Anado´n-Irizarry 2006, reported in the MCF in western Puerto populations in (1) EYNF and (2) MCF p. 9). Rico (Pe´rez-Rivera 1979, p. 58; Cruz and and adjacent private lands (Anado´n- At EYNF, the elfin-woods warbler was Delannoy 1984, p. 92). In addition, the Irizarry 2006, p. 5; Delannoy 2007, p. 4; originally discovered in the Dwarf forest elfin-woods warbler was reported in the Gonza´lez 2008, p. 19). The EYNF and (Kepler and Parkes 1972, pp. 3–5). This Toro Negro Commonwealth Forest in the MCF are located about 150 forest type falls within the lower the Cordillera Central (central mountain kilometers (km) (93 miles (mi)) from montane rain forest life zone (Ewel and range) (Pe´rez-Rivera 1979, p. 58), and in each other (Arendt et al. 2013, p. 2). Whitmore 1973, p. 49) and occupies 368 the area of Guavate in the Carite These habitats are considered essential ha (909 ac) of EYNF (Weaver 2012, p. Commonwealth Forest in east-central to elfin-woods warbler abundance and 5). It is found on exposed peaks with Puerto Rico (Pe´rez-Rivera and are very important for maintaining short, stunted vegetation above 900 m Maldonado 1977, p. 134). More recently, healthy populations of the species (2,952 ft) elevation (Weaver 2012, p. 58). Miranda-Castro et al. (2000, pp. 119– (Delannoy 2007, p. 24), as they are the In general, the Dwarf forest is not well 123) and Anado´n-Irizarry (2006, p. 34) only currently known areas where the populated with birds (Snyder et al. conducted elfin-woods warbler surveys species still occurs. Although there is 1987, p. 61). in other forests of the Cordillera Central suitable habitat for the species between Later, the species was documented at (i.e., Tres Picachos, Carite, Toro Negro, these two forests (Colo´n-Merced 2013, lower elevations in the Palo Colorado, Susu´ a, and Guilarte Commonwealth p.51), the probability of dispersal for the Tabonuco, and Sierra Palm forests Forests, and Bosque del Pueblo in species is low because EYNF is isolated (Wiley and Bauer 1985, pp. 12–18). The Adjuntas), but did not detect the from the central mountain range of Palo Colorado forest occurs within the species. However, on March 31, 2005, Puerto Rico. Urban areas around EYNF lower montane rain forest life zone, Bailey McKay and Richard West increased by more than 2,000 percent between approximately 600 and 900 m recorded a possible observation of the between 1936 and 1988, and continue to (1,968 and 2,952 ft) (Weaver 2012, p. 1). elfin-woods warbler between the encroach on forested areas today This forest type covers about 3,441 ha municipalities of Adjuntas and Jayuya (Thomlinson and Rivera 2000, p. 17). (8,502 ac) of the EYNF (Weaver 2012, p. while collecting breeding bird data for Between 1988 and 1993, urbanization 5). This forest is mainly composed of the Puerto Rico Breeding Bird Atlas around this forest increased by 31 fast-growing trees with height not more Project (Salguero 2015, pers. comm.; percent and represented a 5 percent loss than 24 m (78 ft) (Lugo 2005, p. 506). The Tabonuco forest is found between SOPI 2005). in vegetative cover, more than 80 150 and 600 m (492 and 1,968 ft) Between 2011 and 2013, the Service, percent of which was dense forest elevation, and occupies 5,663 ha (13,993 in collaboration with the Puerto Rican (Thomlinson and Rivera 2000, p. 17). Ornithological Society, Inc., and ac) of the EYNF (Weaver 2012, p. 5). BirdLife International, conducted a Habitat This forest is dominated by the study using a habitat suitability model Tabonuco tree (Dacryodes excelsa), and a single-season occupancy El Yunque National Forest—EYNF is which grows primarily on the modeling approach to assess the current located in the Sierra de Luquillo in subtropical wet forest life zones (Ewel geographic distribution of the elfin- eastern Puerto Rico and covers 11,310 and Whitmore 1973, p. 32). The woods warbler. The project included hectares (ha) (28,000 acres (ac)) of the understory of this forest is sparsely surveys between January and July island’s area (Weaver 2012, p. 1). This vegetated, and the canopy is rich in during the species’ breeding season forest was proclaimed as a Crown aerial plants (e.g., bromeliads, orchids, within habitat currently occupied by the Reserve by Spain in 1876, and as a vines, and arboreal ferns) (Ewel and species in the MCF and predicted Forest Reserve by the U.S. Government Whitmore 1973, p. 32). habitat within the Cordillera Central since 1903. It is considered the oldest The Sierra Palm forest (also known as (Anado´n-Irizarry 2013, p. 2). The forest reserve and largest protected area palm breaks) may reach canopy heights predicted habitat included public and in Puerto Rico, and is managed by the of 15 m (50 ft) with 17 cm (7 in) average private lands within the municipalities U.S. Forest Service (USFS). Elevations diameters at breast height (dbh) and of Jayuya, Ciales, Adjuntas, Ponce, of this forest range from 100 to 1,075 m grows mainly on steep slopes at Orocovis, and Juana Dı´az. The species (328 to 3,526 ft) and temperatures approximately 450 m (1,476 ft) was detected only in the MCF and change with altitude, ranging between elevation, covering about 1,838 ha ° adjacent private lands (Service 2014, p. 23.5 and 27 degrees Celsius ( C) (74 to (4,541 ac) of the EYNF (Weaver 2012, ° 12). 81 degrees Fahrenheit ( F)) at the base pp. 5 and 56). The Sierra Palm forest The elfin-woods warbler is of the mountain to between 17 and 20 occurs on steep windward slopes and particularly difficult to survey because °C (63 to 68 °F) on the mountain peaks poorly drained riparian areas (Lugo of its small size, its constant moving (Garcı´a-Martino´ et al. 1996, p. 414). 2005, p. 496). This forest is dominated behavior, and the dense vegetation of Mean annual rainfall ranges from by the Sierra palm (Prestoea montana) areas where it is found (Raffaele 1989, approximately 245 cm/year (96 in/year) and occurs within the subtropical rain p. 168). In fact, Kepler and Parkes (1972, at lower elevations to approximately forest life zone (Ewel and Whitmore pp. 5–6) attribute the belated discovery 400 cm/year (157 in/year) at higher 1973, p. 4). of elfin-woods warbler to the above elevations (Brown et al. 1983, p. 11). Maricao Commonwealth Forest and factors and their similarity to the black The EYNF contains five of the six Adjacent Lands—The main population and white warbler. Even the Holdridge Life Zones found in Puerto of the elfin-woods warbler in western vocalization of the elfin-woods warbler Rico (Ewel and Whitmore 1973, pp. 32– Puerto Rico occurs within the MCF, can be easily mistaken with other 49). These five zones are the lower located between the municipalities of species. Although the presence of the montane wet forest, lower montane rain Maricao, San Germa´n, Sabana Grande, elfin-woods warbler in the forests of the forest, subtropical moist forest, and Mayagu¨ ez (Ricart-Pujals and Cordillera Central of Puerto Rico cannot subtropical wet forest, and subtropical Padro´n-Ve´lez 2010, p. 1). This forest is be disregarded based on the previous rain forest. In 1951, Wadsworth currently administered by the Puerto facts, the available information suggests recognized four major forest types at Rico Department of Natural and that the current distribution of the EYNF: Dwarf, Palo Colorado, Tabonuco, Environmental Resources (PRDNER)

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and covers about 4,168 ha (10,543 ac) Outside the MCF, the elfin-woods about 15 years ago (Pe´rez-Rivera 2014, with elevations ranging between 150 warbler has been detected within pers. comm.). The CCF has been and 875 m (492 and 2,870 ft) above sea secondary forests and existing shade- managed for conservation by PRDNER level. Annual average temperature is grown coffee plantations (Gonza´lez since 1975 (DNR 1976, p. 169). This 21.7 °C (71 °F), and annual average 2008, pp. 15–16). Secondary forests are forest covers about 2,709 ha (6,695 ac), rainfall is 233 cm/year (92 in/year) found at elevations ranging from 130 to and ranges between 620 and 900 m (Silander et al. 1986, p. 210). Three of 750 m (426 to 2,460 ft), and the shade- (2,034 and 2,952 ft) in elevation (DNR the six life zones reported for Puerto grown coffee plantations are found at 1976, p. 169). The CCF contains four Rico occur on the MCF: Subtropical elevations ranging from 300 to 600 m forest types: Dwarf, Palo Colorado, moist forest, subtropical wet forest, and (984 to 1,968 ft) (Gonzalez 2008, p. 59; Plantations, and Secondary (Silander et lower montane wet forest (Ricart-Pujals Puerto Rico Planning Board 2015). Also, al. 1986, p. 188). These forest types are and Padro´n-Ve´lez 2010, p. 8). The the elfin-woods warbler has been similar to the forests utilized by the habitats where the elfin-woods warbler documented at very low densities elfin-woods warbler in EYNF and MCF. has been found within the MCF include outside the MCF in pasturelands, Although the elfin-woods warbler has Podocarpus Forest, Exposed Woodland Gallery forests, and rural residential not been recently observed in this forest Forest, Timber Plantations, and Dry areas, but not in sun-grown (unshaded) (Anado´n-Irizarry 2006, p. 54; Anado´n- Slopes Forest. coffee plantations (Gonza´lez 2008, pp. Irizarry 2014, pers. comm.), the habitat The Podocarpus Forest occupies only 15–16). Young secondary forests suitability model developed for the 80 ha (197 ac) of the MCF and is located developed as a result of abandonment of species (Colo´n-Merced 2013, p. 51) on the slopes and highest peaks (600– agriculture during the 20th century. suggests CCF still provides suitable 900 m (1,968–2,952 ft)) within the lower These forests are less than 25 years old habitat for the species due to its montane wet forest life zone with an open canopy height of 12 to 15 similarity in elevation, climatic (Department of Natural Resources (DNR) m (40 to 50 ft) (Gonza´lez 2008, p. 6) and conditions, and vegetation associations 1976, p. 185). Podocarpus Forest is are found within the subtropical moist with EYNF and MCF. The CCF’s dominated by Podocarpus coriaceus and subtropical wet forest life zones similarity to EYNF and MCF suggests trees and has closed canopies and well- (DNR 1976, p. 185). Their understories that this forest could provide habitat for developed understories composed of are well-developed and dominated by the expansion of the elfin-woods tree ferns (Cyathea spp.), Sierra palms, grasses, vines, and other early- warbler’s current range to maintain the and vines (Tossas and Delannoy 2001, successional species (Gonza´lez 2008, p. species’ historical, geographical, and pp. 47–53; Anado´n-Irizarry 2006, p. 53; 6). Mature secondary forests are over 25 ecological distribution. Gonza´lez 2008, pp. 15–16). years old and develop on humid to very Population Status The Exposed Woodland Forest humid, moderate to steep slopes. They El Yunque National Forest—Kepler occupies 2,711 ha (6,700 ac) of the MCF are characterized by their closed and Parkes (1972, p. 15) estimated the and is found in valleys, slopes, and canopies, reaching heights of 20 to 30 m elfin-woods warbler population at fewer shallow soils with a more or less (66 to 100 ft), and sparse to abundant than 300 pairs occurring in 450 ha ´ continuous canopy (Gonza´lez 2008, pp. understories (Gonzalez 2008, p. 6). (1,111 acres) at EYNF. Waide (1995, p. 15–16). These forest associations are Some of these forests were used in the 9) reported an estimated population of found at elevations ranging from 470 to past for cultivation of shade-grown 138 pairs in 329 ha (812 ac) in the Dwarf 800 m (1,542 to 2,624 ft) within the coffee and survived untouched because forest at EYNF. According to Anado´n- subtropical wet forest life zone (DNR landowners abandoned agriculture Irizarry (2006, p. 24), the species’ mean 1976, p. 185). activities (Delannoy 2007, p. 10). The abundance was highest (0.48 Timber Plantations occupy shade-grown coffee plantations are individuals (ind)/point count) in the approximately 1,111 ha (2,745 ac) of the covered with tall mature forests Palo Colorado forest, slightly lower MCF in elevations ranging from 630 to dominated mostly by guaba (Inga vera) (0.42 ind/point count) in the Dwarf 840 m (2,066 to 2,755 ft) within the and guaraguao (Guarea guidonia) trees. forest, lowest (0.01 ind/point count) in subtropical wet forest and the Found on moderate to steep, humid the Tabonuco forest, and none were subtropical moist forest life zones (DNR mountain sides, these trees reach recorded in Sierra Palm forest. Arendt et 1976, p. 185). This habitat—dominated heights of 15 to 20 m (50 to 66 ft), and al. (2013, p. 8) conducted bird surveys by the Marı´a trees (Calophyllum their understories constantly develop approximately monthly from 1989 to calaba), eucalyptus (Eucalyptus without grasses (Gonza´lez 2008, p. 6). 2006, and reported a decline of the robusta), and Caribbean pine (Pinus Shade-grown coffee plantations are elfin-woods warbler population in caribaea)—was planted in areas that stable agro-ecosystems that provide EYNF over that period of 17 years. The were completely deforested for habitat, nesting, and feeding for many species showed a significant general agriculture (Delannoy 2007, p. 9; native, endemic, and migratory species. decline from 0.2 ind/ha to 0.02 ind/ha Gonza´lez 2008 p. 5). Some of the best examples of this in the Dwarf forest, and from 1 ind/ha Dry Slopes Forest occupies habitat are found in north, northwest, to 0.2 ind/ha in the Palo Colorado forest approximately 1,367.3 ha (3,377 ac) of and northeast MCF (Delannoy 2007, p. (Arendt et al. 2013, p. 9). the MCF in elevations ranging from 120 10). Studies have shown that Maricao Commonwealth Forest and to 300 m (394 to 984 ft) within the biodiversity of plants, insects, reptiles, Adjacent Lands—Cruz and Delannoy subtropical moist forest life zone (DNR birds, and some mammals are higher in (1984, p. 92) suggested that the elfin- 1976, p. 185). This habitat is found in shade-grown than in sun-grown coffee woods warbler was not uniformly shallow and excessively drained plantations (Borkhataria et al. 2012, p. distributed throughout the MCF and serpentine-derived soils dominated by 165). that it was found in different habitats xerophytic vegetation, thin trees, and a Carite Commonwealth Forest—The within three studied sites. Anado´n- low open canopy. This forest type is Carite Commonwealth Forest (CCF) is Irizarry (2006, p. 27) conducted a survey more common in the southern and within the known historical range of the from 2003 to 2004, in 102.4 ha (253 ac) southeastern slopes of the MCF (DNR elfin-woods warbler; however, the of MCF and recorded 778 elfin-woods 1976, p. 185). species was last observed in this forest warblers in 18 counts for an average of

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0.42 ind/ha/count. Gonza´lez (2008, pp. included traditional areas previously and Plants. Under section 4(a)(1) of the 23–28) reported the most recent searched by Pe´rez-Rivera, and the Act, we may list a species based on: population estimate for the elfin-woods surveys were conducted along 5.0 km (A) The present or threatened warbler at the MCF and adjacent areas. (3.1 mi) of existing trails. The most destruction, modification, or Gonza´lez (2008, p. 18) estimated 97.67 recent surveys, conducted between 2012 curtailment of its habitat or range; elfin-woods warbler individuals in an and 2013, avoided the use of existing (B) Overutilization for commercial, area of 203.2 ha (0.48 ind/ha) within the trails and included nontraditional areas, recreational, scientific, or educational MCF. In areas adjacent to the MCF, he but they also failed to detect the species purposes; estimated 43.02 individuals in an area (Anado´n-Irizarry 2014, pers. comm.). (C) Disease or predation; of 374.4 ha (0.11 ind/ha). However, during these surveys, the (D) The inadequacy of existing Additionally, Gonza´lez (2008, p. 27) amount of surveyed area within regulatory mechanisms; or reported that the highest densities of nontraditional habitat was not (E) Other natural or manmade factors elfin-woods warbler recorded per point- significant (i.e., 15 survey stations). affecting its continued existence. count stations in MCF were within the Although these studies failed to detect Listing actions may be warranted Podocarpus Forest (0.88 ind/ha). the species, Anado´n-Irizarry (2006, p. based on any of the above threat factors, Moderate densities were recorded in 54; 2014, pers. comm.) suggested the singly or in combination. Exposed Woodland (0.53 ind/ha), possibility that the species is still Factor A. The Present or Threatened Timber Plantations (0.38 ind/ha), and present in isolated pockets of forest that Destruction, Modification, or Dry Slope Forest (0.06 ind/ha) were not searched during the studies Curtailment of Its Habitat or Range (Gonza´lez 2008 p. 27). Gonza´lez (2008 (Delannoy 2007, p. 22). The apparent The majority of extant elfin-woods p. 27) stated these results are similar to persistent and relatively sedentary estimates obtained by previous studies behavior of this species to inhabit warbler populations are restricted to in the same type of forests. In lands certain small and isolated pockets of the two disjunct primary habitats in adjacent to the MCF, the shade-grown forest might have led these authors to montane forests at EYNF and at MCF coffee plantations exhibited the highest suggest that it is possible that CCF may and private lands adjacent to MCF. elfin-woods warbler abundance (0.24 harbor undetected elfin-woods warblers Although the elfin-woods warbler has ind/ha) (Gonza´lez 2008, p. 24). (Anado´n-Irizarry 2006, p. 54; Delannoy not been recently observed in CCF, this Based on the studies mentioned 2007, pp. 22–23; Pe´rez-Rivera 2014, forest and adjacent lands still contains above, in 2010, BirdLife International pers. comm.). Anado´n-Irizarry (2006, p. suitable habitat for the species. The estimated the overall elfin-woods 54), Delannoy (2007, pp. 22–23), and elfin-woods warbler needs suitable warbler population in Puerto Rico to be Pe´rez-Rivera (2014, pers. comm.) have forested habitats for essential behaviors at least 1,800 mature individuals suggested that the species was such as foraging, breeding, and (Arendt et al. 2013, p. 2). extirpated from the traditional areas sheltering (Anado´n-Irizarry 2006, pp. 5– Carite Commonwealth Forest—In searched by them during the 1980s, 8). 1977, Pe´rez-Rivera and Maldonado 1990s, and between 2003 and 2004 due In the past, the majority of the (1977, p. 134) reported the species for to habitat modification activities (i.e., forested areas in Puerto Rico—EYNF, the first time in the CCF. Two years transmission antenna development and MCF, and CCF—were impacted by later, Pe´rez-Rivera (1979, pp. 5–8) road development) that occurred in agricultural practices; extraction of indicated that the species was more those years. If this is the case, a timber for construction and charcoal common than was expected when comprehensive assessment of the status (Dominguez-Cristobal 2000, pp. 370– discovered. However, he mentioned that of this population would require 373; Dominguez-Cristobal 2008, pp. because the species appeared to be extensive searches covering a much 100–103); development of infrastructure specialized to certain types of habitats, larger area into the fragmented for utilities and communications; and any kind of habitat disturbance or landscape of the CCF (Delannoy 2007, construction of roads, recreational modification would cause a rapid pp. 22–23). Therefore, during early 2016 facilities, and trails, negatively affecting decline of the species (Pe´rez-Rivera the Service contracted for a survey to elfin-woods warbler habitat (DNR 1976, 1979, p. 58). The species was later include traditional and nontraditional p. 169; Waide 1995, p. 17; Delannoy recorded by Pe´rez-Rivera during the areas within and beyond CCF’s 2007, p. 4; Anado´n-Irizarry 2006, p. 28; 1980s and 1990s in the following areas: boundaries. A total of 60 sites were Pe´rez-Rivera 2014, pers. comm.). Cerro La Santa, Camino El Seis, first surveyed between March and April Currently, each agency manages these recreation area near the forest entrance, 2016 using ARBIMON portable forests for conservation purposes under private land near Barrio Farallo´n, and recorders (Aide and Campos 2016). its authorities and mandates to promote Fincas Las 300 (Delannoy 2007, pp. 22– Surveyed areas also included suitable habitat conservation (see Factor D. The 23). Based on Pe´rez-Rivera’s habitat identified by the habitat Inadequacy of Existing Regulatory observations within these areas, the suitability model developed by Colo´n- Mechanisms, below); habitat species seemed to be an uncommon and Merced (2013). None of the 23,944 1- modification pressures from agriculture rare in CCF (i.e., 1 or 2 sightings every minute recordings analyzed for the practices and the development of new 10 visits) (Delannoy 2007, pp. 22–23). presence of the elfin-woods warbler infrastructure within the forests are The species was later detected resulted in positive detection, indicating currently very low. However, typical occasionally by Pe´rez-Rivera within the the species is not present in CCF (Aide forest management of existing disturbed same areas until it was last observed by and Campos 2016). areas (e.g., trail maintenance, road him more than 15 years ago (Pe´rez- maintenance, transmission antenna Rivera 2014, pers. comm.). Summary of Factors Affecting the maintenance, and recreational facility The surveys conducted by Anado´n- Species improvements) and research activities Irizarry between 2003 and 2004, and Section 4 of the Act, and its (e.g., species surveys, endangered between 2012 and 2013, failed to detect implementing regulations at 50 CFR part species reintroductions) still occur the species within the CCF. The study 424, set forth the procedures for adding within these forests. The maintenance conducted during the period of 2003– species to the Federal Lists of performed on roads, trails, transmission 2004 (Anado´n-Irizarry 2006, p. 54) Endangered and Threatened Wildlife antenna facilities, and recreational

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facilities is not presently affecting elfin- several decades ago, resulting in the USFS will promote, develop, and woods warbler habitat within these elimination of native forest, thus implement the best management forests. When a management or research reducing the habitat value for wildlife, practices to avoid any potential threat to activity is conducted, both USFS and including the elfin-woods warbler suitable and occupied elfin-wood PRDNER closely coordinate with the (Delannoy 2007, p. 20). The most recent warbler habitat and populations. It also Service during design and planning studies conducted in MCF and adjacent provides that both agencies will stages. These planning efforts minimize lands (i.e., Delannoy 2007, p. 15; implement restoration and habitat possible adverse effects on the species Gonza´lez 2008, p. 59) did not detect enhancement efforts within degraded and its habitat. In contrast, the elfin-woods warblers in sun-grown areas of EYNF and MCF. The agencies expansion of existing facilities (i.e., coffee plantations on privately owned will also (1) determine the habitat use, transmission antennas, access roads, lands adjacent to the forest. The movement, and activity patterns of the access gates, administration buildings, establishment of a sun-grown coffee species; (2) design and establish long- utilities) within the forests is still a plantation requires the deforestation of term population monitoring programs; possibility and may result in the the area, removing habitat that elfin- and (3) develop outreach and education degradation of suitable habitat of elfin- woods warblers are or could be using. programs to improve mechanisms to woods warbler. The increase of urban development in promote habitat conservation and Although the threats to the species private lands adjacent to EYNF and CCF restoration within private lands adjacent and its habitat have been minimized has negatively affected elfin-woods to both forests. warbler suitable habitat around these Although the elfin-woods warbler also within the lands managed and forests. Gould et al. (2007, pp. 29–31) occurs on privately owned lands administrated by USFS and PRDNER suggested there is an increasing adjacent to MCF that are not covered by within EYNF, MCF, and CCF, urbanization trend of the limited land the CCA, these areas are part of a habitat respectively, the species is still also area of eastern Puerto Rico where these restoration initiative in southwestern threatened with habitat destruction, forests are located. Urban development Puerto Rico implemented by the Service fragmentation, and degradation in 15 in this region increased more than 15 since 2010, through the Partners for Fish percent of its suitable occupied habitat percent between 1991 and 2003 (Gould and Wildlife (PFW) and Coastal (CP) within private lands adjacent to MCF. et al. 2007, pp. 29–31). Martinuzzi et al. Programs. The PFW and CP are These private lands are known to be (2007, pp. 294–296) reported that almost voluntary programs that provide susceptible to habitat modification 52 percent of the island is classified technical and financial assistance to caused by unsustainable agricultural under either ‘‘Urban’’ use (i.e., 16 landowners to implement restoration practices and other land uses requiring percent; 142,562 ha) or ‘‘Densely and conservation practices on their vegetation clearance (e.g., deforestation, Populated Rural’’ use (i.e., 36 percent; lands for a particular amount of time. monoculture of minor fruits, livestock 320,219 ha) classes. The Urban-use class These programs promote the restoration related activities, human-induced fires, enhances the contiguity between the of degraded habitat that was likely residential use, road improvements). compact urban areas across the island, occupied by the species before the Although not known to be currently and gives an accurate view of how an conversion to agricultural lands and that occupied, the areas outside EYNF and ‘‘urban ring’’ encircles interior may be restored as suitable elfin-woods CCF are also vulnerable to these threats mountainous and protected areas like warbler habitat in the future. In some because they are not within the EYNF and CCF (Martinuzzi et al. 2007, cases, occupied suitable habitat for the protected lands. In the Municipality of p. 294). The Densely Populated Rural- species is enhanced and protected Maricao, the Puerto Rico Department of use class surrounds the urban-use areas through cooperative agreements with Agriculture (PRDA) has identified 301 and represents most of the territory the private landowners. properties (8,442 acres) with potential to where human developments expand out Between 2010 and 2014, a total of 522 be developed as agricultural lands for from the urban centers following ha (1,290 acres) of degraded tropical coffee and citrus plantations secondary routes (Martinuzzi et al. upland forest and 21 km (13 miles) of (Resolucio´n Conjunta del Senado 2014, 2007, p. 294). Although the most riparian buffers have been restored and p. 2). Although the conversion of evident land-use changes in the last 25 conserved through these programs in forested areas to sun-grown coffee years have been the intensification of collaboration with the Natural plantations is still occurring on private urbanization that surrounds these Resources Conservation Service (NRCS), lands adjacent to MCF, the magnitude of forests (Helmer 2004, pp. 33–35, Gould Farm Service Agency (FSA), PRDNER, this activity is localized and at a lower et al. 2007, pp. 29–31, Martinuzzi et al. Envirosurvey Inc. (a local level than it was in the past. However, 2007, p. 294), it is not known how much nongovernmental organization), and PRDA has expressed its intention to of these lands currently contain habitat other partners. Although this initiative increase the acreages of coffee suitable for the elfin-woods warbler. promotes the restoration and plantations in Puerto Rico to 16,000 enhancement of degraded habitat Conservation Efforts To Reduce the acres by 2016 (PRDA 2015, no page adjacent to the MCF and may Present or Threatened Destruction, number). PRDA’s goal is to provide potentially provide suitable habitat for Modification, or Curtailment of Its incentives to landowners (i.e., $1,300/ the elfin-woods warbler, challenges Habitat or Range acre) for the establishment of new such as limited resources and planting areas of sun-grown or partially In 2014, the Service developed a uncertainty about landowner shaded coffee (i.e., 1,000 coffee trees per candidate conservation agreement participation may affect the acre) (Regulation 6372, p. 3–6; (CCA) with USFS and PRDNER to implementation of management Regulation Governing the Incentives promote the conservation of the elfin- practices that mitigate impacts of Programs of the Coffee Production woods warbler. The purpose of the CCA agricultural practices. Industry in Puerto Rico). Some of these is to implement measures to conserve, areas, previously used for agriculture, restore, and improve the elfin-woods Summary of Factor A were abandoned and are currently warbler’s habitat and populations The elfin-woods warbler’s restricted forested. The majority of the sun-grown within EYNF and MCF (Service 2014, p. distribution makes it vulnerable to coffee plantations were converted 6). The CCA provides that PRDNER and habitat destruction and modification.

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The majority of extant elfin-woods wildlife species within its jurisdiction; comprised in whole or part, of any such warbler populations occur on public issue permits; regulate hunting bird, or any part, nest, or egg thereof. lands managed for conservation activities; and regulate exotic species. In However, no provisions in the MBTA purposes where activities that may 2004, the Commonwealth of Puerto Rico prevent habitat destruction unless direct affect the species or its habitat are approved the Regulation Governing the mortality or destruction of active nests regulated, and measures to minimize or Management of Vulnerable and occurs. avoid those impacts are being Endangered Species on the Finally, the elfin-woods warbler co- implemented based on management Commonwealth of Puerto Rico occurs with other species that are listed plans or agencies’ management (Regulation 6766; Reglamento para under the Act. In the EYNF, the species mandates. The elfin-woods warbler has Regir el Manejo de las Especies co-occurs with the Puerto Rican sharp- been reported on private lands only Vulnerables y en Peligro de Extincio´ n en shinned hawk (Accipiter striatus outside MCF. Private lands adjacent to el Estado Libre Asociado de Puerto venator), Puerto Rican boa, Puerto Rican EYNF have not been surveyed, and Rico). Regulation 6766 prohibits broad-winged hawk (Buteo platypterus recent surveys conducted within the collecting, killing, or harming species brunnescens), Puerto Rican parrot CCF and adjacent private lands did not listed under Territorial law, as well as (Amazona vittata), and several federally detect the elfin-woods warbler (Aide possessing, transporting, or selling items listed plants: Styrax portoricensis, and Campos 2016). Nonetheless, the derived from listed species, and requires uvillo (Eugenia haematocarpa), agricultural activities and development authorization from the PRDNER Lepanthes eltoroensis, chupacallos projects on private lands adjacent to Secretary for any action that may affect (Pleodendron macranthum), capa rosa EYNF, MCF, and CCF may result in the designated critical habitat of listed (Callicarpa ampla), palo colorado loss or fragmentation of habitat that may species under this regulation (Ternstroemia luquillensis), be suitable for the species as has been (Departamento de Recursos Naturales y Ternstroemia subsessilis, and Ilex suggested by some researchers. Ambientales 2004, pp. 9, 18). In 2004, sintenisii. In the MCF, the species co- Therefore, we believe that habitat the Commonwealth of Puerto Rico occurs with the Puerto Rican sharp- curtailment or modification is a threat to included the elfin-woods warbler in shinned hawk, Puerto Rican boa, and the elfin-woods warbler. Regulation 6766 as a ‘‘vulnerable several federally listed plants: Cranichis species’’ (a species that, although is not Factor B. Overutilization for ricartii, Gesneria pauciflora, palo de listed as endangered or critically rosa (Ottoschulzia rhodoxylon), palo Commercial, Recreational, Scientific, or endangered, faces a high risk of Educational Purposes colorado (Ternstroemia luquillensis), extinction in a foreseeable future). higuero de sierra (Crescentia Based on the available information, In addition to laws that specifically portoricensis), and Cordia bellonis. overutilization has not been protect the elfin-woods warbler, MCF Because of the occurrence of these documented as a threat to the elfin- and CCF are protected under Puerto federally listed species within the same woods warbler. Rico’s Forests Law (Law No. 133–1975; habitat where the elfin-woods warblers Ley de Bosques de Puerto Rico), as Factor C. Disease or Predation occurs, any Federal action, funding, or amended in 2000, which prohibits Delannoy (2009, p. 2) indicated that permit within these forests or in private causing damage to and collection of lands adjacent to these forests that may the Puerto Rican sharp-shinned hawk flora and fauna in public forests. (Accipiter striatus venator) infrequently affect these listed species requires a Moreover, all Commonwealth forests are section 7 consultation under the Act. preys on the elfin-woods warbler. Other designated as Critical Wildlife Areas potential elfin-woods warbler nest Therefore, the elfin-woods warbler may (CWA) by PRDNER. The CWA benefit from indirect protection of these predators may include the pearly-eyed designation constitutes a special thrasher, Puerto Rican tanager, Puerto listed species (i.e., implementation of recognition by this agency with the habitat restoration practices and habitat Rican screech owl, Puerto Rican boa, purpose of providing information to protection). Puerto Rican racer, and feral cat other Commonwealth and Federal (Delannoy 2009, p. 2). Additionally, agencies about the conservation needs Summary of Factor D ´ Arroyo-Vazquez (1992, p. 364) noted of these areas, and assisting permitting Based on the information currently that the Indian mongoose and black rat agencies in precluding negative impacts available to us, the Federal and are potential egg and nestling predators. as a result of permit approvals or Commonwealth regulatory mechanisms Nonetheless, we are not aware of any endorsements (PRDNER 2005, p. 6). are being implemented and are The Migratory Bird Treaty Act scientific or commercial information functioning as designed. Lack of (MBTA) (16 U.S.C. 703–712) provides that predation of elfin-woods warblers is enforcement of these laws and protection for the elfin-woods warbler, having an adverse effect on the species, regulations has not been identified as which is defined as a migratory bird and therefore we believe that predation having a negative impact to the species under the MBTA. The MBTA makes it is not a threat to the elfin-woods or exacerbating other negative effects to unlawful to pursue; hunt; take; capture; warbler. Similarly, we have no evidence the species. Therefore, we do not find kill; attempt to take, capture, or kill; of any disease affecting the species. existing regulations to be inadequate. possess; offer for sale; sell; offer to Factor D. The Inadequacy of Existing barter; barter; offer to purchase; Factor E. Other Natural or Manmade Regulatory Mechanisms purchase; deliver for shipment; ship; Factors Affecting Its Continued In 1999, the Commonwealth of Puerto export; import; cause to be shipped, Existence Rico approved Law No. 241–1999, exported, or imported; deliver for known as the New Wildlife Law of transportation; transport or cause to be Hurricanes and the Effects of Climate Puerto Rico (Nueva Ley de Vida transported; carry or cause to be carried; Change Silvestre de Puerto Rico). The purpose or receive for shipment, transportation, The geographic location of islands in of this law is to, among other things, carriage, or export, any migratory bird, the Caribbean Sea makes them prone to protect, conserve, and enhance both or any part, nest, or egg of such bird, or hurricane impacts (Wiley and Wunderle native and migratory wildlife species; any product, whether or not 1993, p. 320). In fact, the frequency of declare as property of Puerto Rico all manufactured, which consists of, or is hurricane occurrences is higher in the

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southeastern United States and the Arroyo (1991, p. 55) noted that the euphonia (Euphonia musica) shifting its Caribbean than other regions of the species was not recorded during 1990 feeding and foraging behavior in CCF as world (Wiley and Wunderle 1993, p. from areas it was reported from a result of the habitat disturbance 320). Hurricanes can have both direct previously at EYNF. This forest was following the hurricane. Some authors and indirect effects on bird populations, heavily damaged by Hurricane Hugo, (i.e., Wauer and Wunderle 1992, p. 657; which may determine the characteristics with more than 80 percent of the forest Wunderle et al. 1992, pp. 323–326) have of local avifauna (Wauer and Wunderle completely defoliated (Boucher 1990, p. suggested that the frequency of 1992, p. 656; Wunderle et al. 1992, p. 164). In contrast, at the MCF, Arroyo hurricanes in the Caribbean may be 323). Arendt et al. (2013, p. 2) suggested (1991, pp. 55–56) recorded an apparent determining some of the characteristics that catastrophic weather events such as vertical migration pattern of the species of the local avifauna, such as the hurricanes can negatively affect the during months of heaviest rains. shifting into new habitats due to elfin-woods warbler due to its restricted Moreover, Tossas (2006, p. 84) found hurricane-induced changes. distribution and low number of that the elfin-woods warbler was one of Hurricanes can have positive effects individuals. Some species may cope two species that recovered within a year on forest and bird ecology by with hurricane-induced changes by to pre-hurricane population levels after temporarily increasing forest selecting different prey items, while Hurricane Georges. This finding productivity (Wiley and Wunderle 1993, others may switch their foraging suggested that warblers abandoned p. 337), particularly for species with behavior and locations (Wauer and defoliated sites immediately after the ample distribution (White et al. 2014, p. Wunderle 1992, p. 657; Wunderle et al. hurricane and shifted to protected 31). However, the immediate negative 1992, pp. 323–326). patches with adequate foraging substrate effects of these powerful atmospheric The frequency of hurricane-induced and prey until the defoliated sites events for a species with damage equivalent to F3 (severe) on the recovered (Tossas 2006, p. 84). Arendt demographically vulnerable Fujita scale (Fujita 1971) is at least three et al. (2013, p. 9) indicated that these populations, such as the elfin-woods times greater in the northeastern contrasting findings may be the result of warbler, outweigh the benefits accrued quadrant of Puerto Rico, where EYNF disproportionate damage caused by via short-term primary productivity of and CCF are located, compared to the storms in the respective forests. vegetation (White et al. 2014, p. 31). rest of the island (White et al. 2014, p. Moreover, the landscape at EYNF is This might explain the declining elfin- 30). In contrast, the western side of different from that of the MCF in that at woods warbler population trend Puerto Rico, where MCF is located, is EYNF there is no continuous forested documented by Arendt et al. (2013, pp. subject to different hurricane trajectories vegetation beyond the forest boundaries 8–9) at EYNF. and risks than the eastern portion of the mainly due to conversion of agricultural Studies predict an increase in hurricane intensity in the Atlantic, with island (White et al. 2010, p. 16). For lands and lowland broadleaf forests to higher wind speeds and greater amounts example, in 1998, Hurricane Georges urbanized areas (Lugo et al. 2004, p. 29). of precipitation, but a reduction in the struck MCF, which previously had been Therefore, the probability of dispersion overall number of storms (Jennings et al. spared from hurricanes since 1932 to undamaged areas within and outside 2014, p. 8). As mentioned above, (Tossas 2006, p. 81). Hence, studies of EYNF could be reduced for the elfin- hurricanes may result in direct negative the effects of hurricanes on bird woods warbler depending on the populations in Puerto Rico are limited effects to the species and its habitat. damages to the vegetation. The lack of Based on the above information, it is to the northeastern region and little is suitable habitat around the EYNF also known about how bird species are possible that the elfin-woods warbler reduces the probability of elfin-woods affected elsewhere on the island (Tossas could experience local extinction due to warbler re-colonization from the MCF, 2006, p. 81). these catastrophic weather events. Delannoy (2007, p. 24) suggested that which is 150 km (93 mi) away (Arendt While the species appears to have the elfin-woods warbler populations at MCF et al. 2013, p. 2). ability to temporarily move to appeared to be stable. However, studies As discussed above, Anado´n-Irizarry undisturbed areas and survive in MCF, conducted from 1989 to 2006 at EYNF (2006, p. 54), Delannoy (2007, p. 24), such dispersal ability has not been documented a declining trend in the and Anado´n-Irizarry (2014, pers. documented at EYNF. Having two elfin-woods warbler population during comm.) have suggested the elfin-woods geographically separate populations on the study period (Arendt et al. 2013, pp. warbler no longer exists within CCF. both ends of Puerto Rico may benefit the 8–9). Arendt et al. (2013, p. 8) stated Pe´rez-Rivera (2014, pers. comm.) has elfin-woods warbler since, based on the that this documented downward suggested that the habitat modification history of hurricanes striking the island, population trend could be related to caused by Hurricane Hugo and it is unlikely for both EYNF and MCF intrinsic causes (e.g., physiological, Hurricane Georges at CCF may have had to be impacted by the same weather genetic). Nonetheless, they further a negative effect on the elfin-woods system at once. However, the fact that suggest that it is more likely that natural warbler. However, he acknowledged there are only two known populations habitat conversion and degradation, that before concluding the species was left makes the species more vulnerable resulting from cyclonic events, are extirpated from the forest due to these to extinction if one is lost due to a playing an important role in the species’ climatological events, a formal and catastrophic weather event. It is decline at EYNF. Direct effects of extensive survey should be conducted important to note, however, that there hurricanes on habitat include massive to include nontraditional areas within are no specific studies corroborating defoliation, snapped and wind-thrown and outside of CCF (Pe´rez-Rivera 2014, hurricanes as a main cause of elfin- trees, massive tree mortality, and pers. comm.). He suggested hurricanes woods warbler population declines at landslides (Lugo 2008, p. 368). For might be detrimental to low densities EYNF and MCF, nor that hurricanes example, Hurricane Hugo (1989) and and habitat-specialized species, but at caused the apparent extirpation of the Hurricane Georges (1998) caused the same time might benefit species from CCF. extensive damage in EYNF, which insectivorous species like the elfin- Regarding climate, general long-term damage may have adversely impacted woods warbler. In 1989, a month after changes have been observed, including the elfin-woods warbler’s primary Hurricane Hugo, Pe´rez-Rivera (1991, pp. changes in amount of precipitation, habitat (Arendt et al. 2013, pp. 8–9). 474–475) recorded the Antillean wind patterns, and extreme weather

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events (e.g., droughts, heavy tropical and subtropical forests, Although the road-side fires are precipitation, heat waves, and the significant knowledge gaps exist in considered minimal, they have the intensity of tropical cyclones) predicting the response of natural potential to extend to forested lands (Intergovernmental Panel on Climate systems to the effects of climate change, within CCF and adjacent private lands Change (IPCC) 2007, p. 30). For and uncertainties exist with studies affecting suitable elfin-woods warbler example, projected decreases in forecasting trends in climate (Jennings habitat. precipitation in the Caribbean suggest et al. 2014, p. 33). Moreover, regionally In the Maricao area (i.e., drier wet seasons, and even drier dry downscaled climate models projecting Municipalities of Sabana Grande and seasons (Jennings et al. 2014, p. 1). temperature and precipitation patterns San Germa´n), fires occur more As previously mentioned, the elfin- at fine scales are not readily available frequently on the southern dry slopes of woods warbler is currently known only for locations within the Caribbean MCF and adjacent private lands, from specific habitat types at EYNF and region, including Puerto Rico (Jennings particularly during the dry season MCF, which makes the species et al. 2014, p. 33). While existing large- (Avila 2014, pers. comm.). Human- susceptible to the effects of climate scale global climate models are useful in induced fires modify the landscape and change. It has been stated that higher determining potential future trends ecological conditions of the habitat by temperatures, changes in precipitation (Angeles et al. 2007, p. 556), the lack of promoting growth of nonnative trees patterns, and any alteration in cloud fine-scale data in Puerto Rico’s and grasses (Brandeis and Woodall cover will affect plant communities and mountainous regions is especially 2008, p. 557). These landscape ecosystem processes in EYNF (Lasso troublesome, as variations in climate modifications may reduce the quality and Ackerman 2003, pp. 101–102). In with elevation over short horizontal and quantity of potential elfin-woods fact, the distribution of tropical forest distances cannot be captured by existing warbler habitat. Moreover, these fires life zones in the Caribbean is expected climate models, especially in alter the habitat, decreasing the ability to be altered due to both intensified predictions of extreme events (Meehl et of the species to disperse to other extreme weather events and al. 2007, p. 477). forested habitats. Although the primary progressively drier summer months habitat for the species in MCF (i.e., (Wunderle and Arendt 2011, p. 44). At Human-Induced Fires Podocarpus forest) (Gonza´lez 2008, pp. EYNF, such alteration may allow low- Fires are not part of the natural 20–21) is not prone to fire disturbance elevation Tabonuco forest species to processes for subtropical and moist because it is located on the highest colonize areas currently occupied by forests in Puerto Rico (Santiago-Garcia peaks within the lower montane wet Palo Colorado forest (Scatena and et al. 2008, p. 604). In fact, Me´ndez- forest life zone, suitable habitat at lower Lugo1998, p. 196). Dwarf forests at Tejeda et al. (2015, p. 363) concluded elevations might be in danger if these EYNF also are very sensitive to the that the majority of forests fires in fires extend to forested lands within the effects of climate change because of Puerto Rico are produced by human forest or private lands. Severe fires in their occurrence in narrowly defined actions. However, as annual rainfall moist tropical forests have the potential environmental conditions (Lasso and decreases over time in the Caribbean to alter microclimates, allowing atypical Ackerman 2003, p. 95). Dwarf forest region, longer periods of drought are forest species to invade, increasing the epiphytes may experience moisture expected in the future (Breshears et al. chance of recurrent fires (Sherman et al. stress due to higher temperatures and 2005, pp. 146–147; Larsen 2000, pp. 2008, p. 536). less cloud cover with a rising cloud 510–512). In 2000, Flannigan et al. Conservation Efforts To Reduce Other base, affecting epiphyte growth and (2000, pp. 225–226) projected an Natural or Manmade Factors Affecting flowering (Nadkarni and Solano 2002, p. increase of the global fire occurrence 584). As previously mentioned, both the over the next century due to the effects the Continued Existence of the Species Palo Colorado and Dwarf forests have of climate change. In Puerto Rico, As discussed under Factor A above, been reported to have the highest elfin- historical evidence suggests fire the Service, USFS, and PRDNER signed woods warbler mean abundance frequency is increasing (Burney et al. a CCA in 2014, to implement strategic (Anado´n-Irizarry 2006, p. 24). Although 1994, p. 277; Robbins et al. 2008, pp. conservation actions. In the context of the available information predicting 530–531). Moreover, the interactions Factor E, these actions include the changes in habitat due to the effects of between climate warming and drying, development and implementation of climate change pertains to EYNF, and increased human development, are programmatic reforestation and habitat similar changes would be expected for considered to have the potential to enhancement efforts within areas the MCF and CCF, which lies within increase the effects of fires (Robbins et degraded by hurricanes to improve the two of the same life zones as EYNF. al. 2008, pp. 530–531). recovery of the elfin-woods warbler As indicated above, such climate In EYNF, CCF, and adjacent lands, within EYNF and MCF (Service 2014, changes are likely to alter the structure fires are not considered common. The pp. 18–19). Additionally, the CCA will and distribution of the habitat used by tropical rain and moist forest conditions help develop and design studies to the elfin-woods warbler. According to of EYNF and CCF (i.e., average annual gather information on the elfin-woods Arendt et al. (2013, p. 9), approximately rainfall of 304.8 cm (120 in) or more) warbler (e.g., habitat needs, habitat use, 50 percent of the Caribbean birds show and the very high humidity during most movement and activity patterns, medium to high vulnerability to the of the year are not conditions conducive responses to biotic and abiotic factors, effects of climate change. Based on that to fires as they are in the dry, temperate and genetic variation) in order to better information, species that are dependent climates encountered in other regions. design and implement conservation on specific habitat types, and that have The last fire incident in EYNF, recorded strategies for the recovery of the species. limited distribution or have become in 1994, was categorized as a ‘‘minimal restricted in their range, like the elfin- fire’’ that was quickly controlled by Summary of Factor E woods warbler, will be most susceptible USFS staff (USFS 2015, no page Based on the information available to the effects of climate change. number). In the CCF area, fires are and limited distribution of the elfin- However, while continued change is considered human-induced and occur woods warbler, we believe that this expected, the magnitude and rate of that in a low frequency along the road PR– species is currently threatened by change is unknown in many cases. In 184 (Monsegur 2015, pers. comm.). natural or manmade factors such as

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hurricanes and human-induced fire. The The Act defines an endangered agencies; private organizations; and effects of climate change may exacerbate species as any species that is ‘‘in danger individuals. The Act encourages these threats by increasing intensity and of extinction throughout all or a cooperation with the States and other frequency of hurricanes and significant portion of its range’’ and a countries and calls for recovery actions environmental effects, although threatened species as any species ‘‘that to be carried out for listed species. The information is lacking on the specific is likely to become endangered protection required by Federal agencies extent of these effects. Thus, we throughout all or a significant portion of and the prohibitions against certain consider these other natural and its range within the foreseeable future.’’ activities are discussed, in part, below. manmade factors to be threats to this We find that the elfin-woods warbler is The primary purpose of the Act is the species. not presently in danger of extinction conservation of endangered and throughout its entire range based on the threatened species and the ecosystems Determination low to moderate severity and non- upon which they depend. The ultimate We have carefully assessed the best immediacy of threats currently goal of such conservation efforts is the scientific and commercial information impacting the species. The available recovery of these listed species, so that available regarding the past, present, information indicates that elfin-woods they no longer need the protective and future threats to elfin-woods warbler populations appear to be stable measures of the Act. Subsection 4(f) of warbler. Current available information in MCF and that there are no immediate the Act calls for the Service to develop indicates that the elfin-woods warbler threats precipitating a demographic and implement recovery plans for the has a limited distribution, with only two decline of the elfin-woods warbler in conservation of endangered and known populations occurring within that forest. In Maricao, the species has threatened species. The recovery EYNF and MCF, including the private been reported adjacent to the planning process involves the lands adjacent to MCF, and at least one Commonwealth forest in shade-grown identification of actions that are possibly extirpated population from coffee plantations, demonstrating that necessary to halt or reverse the species’ CCF. As discussed in the Summary of the species may tolerate some degree of decline by addressing the threats to its Factors Affecting the Species section of habitat disturbance. At EYNF, the most survival and recovery. The goal of this this rule, threats to the elfin-woods current information reported a declining process is to restore listed species to a warbler include loss, fragmentation, and trend of the elfin-woods warbler point where they are secure, self- degradation of habitat on private lands population, mainly attributed to sustaining, and functioning components adjacent to MCF (Factor A). Some of hurricanes striking that forest. However, of their ecosystems. Recovery planning includes the these lands are subjected to habitat there are no specific studies development of a recovery outline modification caused by unsustainable corroborating that hurricanes are in fact shortly after a species is listed and agricultural practices (i.e., sun-grown the main cause of elfin-woods warbler preparation of a draft and final recovery coffee plantations), small residential population declines at EYNF and other plan. The recovery outline guides the development, and livestock related factors may be influencing the decline immediate implementation of urgent activities. Moreover, the increase of (e.g., population low densities and recovery actions and describes the urban development on private lands patchy spatial arrangement). Although the species appears to be stable at the process to be used to develop a recovery adjacent to EYNF and CCF has also plan. The plan may be revised to negatively affected suitable elfin-woods MCF, it may be declining at EYNF and extirpated from CCF. The cumulative address continuing or new threats to the warbler habitat around these forests. species, as new substantive information The activities result in the elimination effects of habitat modification by human actions (e.g., unsustainable agricultural becomes available. The recovery plan of native forest, thus reducing the practices) and natural events such as identifies site-specific management suitable habitat available and the habitat hurricanes would make the two known actions that set a trigger for review of value for the elfin-woods warbler. populations more vulnerable to the five factors that control whether a Other natural or manmade factors extinction due to their restricted species remains endangered or may be (i.e., hurricanes, the effects of climate distribution, limited population downlisted or delisted, and methods for change, human-induced fires; Factor E) numbers, and specific ecological monitoring recovery progress. Recovery also have been identified as threats to requirements. Therefore, on the basis of plans also establish a framework for the species. There are only two known the best available scientific and agencies to coordinate their recovery remaining populations making the commercial information, we list the efforts and provide estimates of the cost species more vulnerable to extinction if elfin-woods warbler as threatened in of implementing recovery tasks. one population is lost due to a accordance with sections 3(20) and Recovery teams (composed of species catastrophic weather event. The effects 4(a)(1) of the Act. We find that an experts, Federal and State agencies, of climate change also are expected to endangered species status is not nongovernmental organizations, and alter the structure and distribution of appropriate for elfin-woods warbler stakeholders) are often established to the habitat used by the elfin-woods because the species is not currently in develop recovery plans. When warbler, which may be particularly imminent danger of extinction completed, the recovery outline, draft susceptible because of the limited throughout all of its range. recovery plan, and the final recovery distribution and specific forest types plan will be made available on our Web used by the species. Human-induced Available Conservation Measures site (http://www.fws.gov/endangered), fires have been reported in the Maricao Conservation measures provided to or from our Caribbean Ecological area mostly within the lower southern species listed as endangered or Services Field Office (see FOR FURTHER slopes of the MCF and adjacent private threatened under the Act include INFORMATION CONTACT). lands, particularly during the dry recognition, recovery actions, Implementation of recovery actions season, and occasionally in the CCF requirements for Federal protection, and generally requires the participation of a area. Habitat disturbance caused by prohibitions against certain practices. broad range of partners, including other human-induced fires may also affect the Recognition through listing results in Federal agencies, States, Tribes, ability of the species to disperse to other public awareness, and conservation by nongovernmental organizations, forested habitats. Federal, State, Tribal, and local businesses, and private landowners.

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Examples of recovery actions include altering activities on Federal lands agricultural lands were converted to habitat restoration (e.g., restoration of administered by the USFS; issuance of sun-grown coffee plantations, several native vegetation), research, captive section 404 Clean Water Act (33 U.S.C. parcels of land surrounding MCF are propagation and reintroduction, and 1251 et seq.) permits by the U.S. Army currently part of a multi-agency habitat outreach and education. The recovery of Corps of Engineers; and construction restoration initiative in southwestern many listed species cannot be and maintenance of roads or highways Puerto Rico implemented by the Service accomplished solely on Federal lands by the Federal Highway Administration. and NRCS since 2010, through the PFW, because their range may occur primarily CP, and U.S. Department of Agriculture 4(d) Rule or solely on non-Federal lands. To Farm Bill Programs. Activities that achieve recovery of these species Under section 4(d) of the Act, the improve or restore physical habitat requires cooperative conservation efforts Service has discretion to issue quality, such as the conversion of sun- on private, State, and Tribal lands. regulations that we find necessary and grown coffee to shade-grown coffee, Following publication of this final advisable to provide for the reforestation with native trees, riparian listing rule, funding for recovery actions conservation of threatened wildlife. We buffering, and forested habitat will be available from a variety of may also prohibit by regulation, with enhancement (i.e., exotic species sources, including Federal budgets, respect to threatened wildlife, any removal, and native tree planting), State programs, and cost share grants for action prohibited by section 9(a)(1) of would have a positive effect on elfin- non-Federal landowners, the academic the Act for endangered wildlife. 50 CFR woods warbler populations and would community, and nongovernmental 17.31(a) applies all the general provide an overall conservation benefit organizations. In addition, pursuant to prohibitions for endangered wildlife set to the species. The NRCS conservation section 6 of the Act, the Commonwealth forth at 50 CFR 17.21 to threatened practices promoted under this initiative of Puerto Rico would be eligible for wildlife; 50 CFR 17.31(c) states that are the Multi-Story Cropping (Practice Federal funds to implement whenever a 4(d) rule applies to a 379) and Tree/Shrub Establishment management actions that promote the threatened species, the provisions of (Practice 612) (USFWS 2011). The protection or recovery of the elfin- § 17.31(a) do not apply to that species. Multi-Story Cropping practice promotes woods warbler. Information on our grant Permit provisions for threatened species the establishment of stands of trees or programs that are available to aid are set forth at 50 CFR 17.32. shrubs that are managed as overstory species recovery can be found at: http:// Some activities that would normally with an understory of woody and/or www.fws.gov/grants. be prohibited under 50 CFR 17.31 and non-woody plants that are grown for a Please let us know if you are 17.32 will contribute to the conservation variety of products. The purpose of this interested in participating in recovery of the elfin-woods warbler because practice is to improve crop diversity by efforts for this species. Additionally, we habitats within some of the physically growing mixed but compatible crops invite you to submit any new degraded private lands adjacent to elfin- having different heights in the same information on this species whenever it woods warbler existing populations area. This will improve soil quality, becomes available and any information must be improved before they are reduce erosion, enhance degraded areas, you may have for recovery planning suitable for the species. Therefore, for and provide habitat for wildlife species purposes (see FOR FURTHER INFORMATION the elfin-woods warbler, the Service has such as the elfin-woods warbler. The CONTACT). determined that species-specific Tree/Shrub Establishment Practice Section 7(a) of the Act requires exceptions authorized under section promotes the establishment of woody Federal agencies to evaluate their 4(d) of the Act are necessary and plants by planting seedlings or cuttings, actions with respect to any species that advisable to promote the conservation of direct seeding, or natural regeneration. is proposed or listed as an endangered this species. The purpose is to promote forest or threatened species and with respect As discussed above in the Summary products such as timber, wildlife to its critical habitat, if any is of Factors Affecting the Species section habitat, long-term erosion control, and designated. Regulations implementing of this listing rule, threats to the species improvement of water quality, and to this interagency cooperation provision include loss, fragmentation, and improve or restore natural diversity. of the Act are codified at 50 CFR part degradation of habitat due to 402. Section 7 (a)(1) of the Act directs unsustainable agricultural practices and Provisions of the 4(d) Rule all Federal agencies to ‘‘utilize their land use requiring vegetation clearance. Under this 4(d) rule, all of the authorities in furtherance of the Agricultural practices occurring on prohibitions set forth at 50 CFR 17.31 purposes of the Act by carrying out private lands adjacent to MCF, and 17.32 apply to the elfin-woods programs for the conservation of’’ especially those involving habitat warbler, except that incidental take endangered and threatened species. modification (e.g., deforestation and caused by the following activities Section 7(a)(2) of the Act requires conversion of shade-grown coffee to conducted within habitats currently Federal agencies to ensure that activities sun-grown coffee plantations), can occupied by the elfin-woods warbler on they authorize, fund, or carry out are not result in vegetation removal and habitat private, Commonwealth, and Federal likely to jeopardize the continued alteration, thereby degrading habitats lands would not be prohibited, provided existence of any endangered or used by the elfin-woods warbler for those activities both abide by the threatened species or destroy or feeding, sheltering, and reproduction. conservation measures in the rule and adversely modify its critical habitat. If a The private lands surrounding MCF are conducted in accordance with Federal action may affect a listed are considered the most active coffee applicable Commonwealth, Federal, and species or its critical habitat, the production lands in Puerto Rico. Sun- local laws and regulations: responsible Federal agency must enter grown coffee plantations adjacent to (1) The conversion of sun-grown into consultation with the Service. MCF were converted several decades coffee to shade-grown coffee plantations Federal agency actions within the ago, resulting in the elimination of by the restoration and maintenance (i.e., species’ habitat that may require native forest overstory, reducing the removal of invasive, exotic, and feral consultation as described in the habitat value for wildlife, including the species; shade and coffee tree seasonal preceding paragraph include elfin-woods warbler. Although the pruning; shade and coffee tree planting management and any other landscape- majority of the coffee-related and replacement; coffee bean harvest by

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hands-on methods; and the use of associated agricultural lands, reducing is listed, those activities that would or standard pest control methods and the fragmentation in the landscape. would not constitute a violation of fertilizers within the plantations) of (3) Reforestation and forested habitat section 9 of the Act (for this species, shade-grown coffee plantations and enhancement projects within secondary those section 9 prohibitions that would native forests associated with this type forests (i.e., young and mature) that be adopted through the 4(d) rule). The of crop. To minimize disturbance to the promote the establishment or intent of this policy is to increase public elfin-woods warbler, shade and coffee improvement of habitat conditions for awareness of the effect of a final listing tree seasonal pruning must be the species by the planting of native on proposed and ongoing activities conducted between September 1 and trees, selective removal of native and within the range of a listed species. February 28, which is outside the peak exotic trees, seasonal pruning of native Based on the best available information, of the elfin-woods warbler’s breeding and exotic trees, or a combination of the following actions are unlikely to season. The Service considers the use of these. result in a violation of section 9, if these pest control methods (e.g., pesticides, The intent of these exceptions is to activities are carried out in accordance herbicides) and fertilizers ‘‘standard’’ provide incentive for landowners to with existing regulations and permit when it is used only twice a year during carry out these activities in a manner requirements. This list is not the establishment period of shade and which we believe will provide benefits comprehensive: to the species such as: (1) Maintaining coffee trees (i.e., the first 2 years). (1) Activities authorized, funded, or connectivity of suitable elfin-woods During this period, the structure of the carried out by Federal or warbler habitats, allowing for dispersal agroforestry system is not mature Commonwealth agencies (e.g., between forested and agricultural lands; enough to sustain the occurrence of expansion or construction of (2) minimizing habitat disturbance by elfin-woods warblers within these areas. communication facilities; expansion of Once the shade-grown coffee system conducting certain activities outside the recreational facilities; pipeline reaches its full functionality and peak of the elfin-woods warbler’s construction; bridge construction; road structure (i.e., 3 to 4 years), few or no breeding season (i.e., pruning between rehabilitation and maintenance; chemical fertilizers, herbicides, or September 1 to February 28); (3) expansion, construction, or pesticides are required, and their use maximizing the amount of habitat that maintenance of aqueduct facilities; would be restricted under the 4(d) rule. is available for the species; and (4) habitat management; Federal and This is the time period when the shade- improving habitat quality. While these Commonwealth trust species grown coffee system is mature enough activities may cause some temporary reintroductions; trail maintenance; to support the presence of wildlife disturbance to the elfin-woods warbler camping areas maintenance; research, species. Researchers have found that the or its habitat, we do not expect these number of species of birds in coffee activities to adversely affect the species’ repair, and restoration of landslides; plantations with structurally and conservation efforts. In fact, we expect etc.), when such activities are floristically diverse canopies is similar they will have a net beneficial effect on conducted in accordance with the to the number of species in natural the species. consultation and planning requirements forest habitat and is higher than other Based on the rationale above, the for listed species under section 7 of the agricultural landscapes without trees provisions included in this rule Act; and (Perfecto et al. 1996, pp. 603–605). authorized under section 4(d) of the Act (2) Agricultural and silviculture The restoration of agricultural lands are necessary and advisable to provide practices implemented within existing due to the planting of native trees to for the conservation of the elfin-woods agricultural lands (i.e., degraded habitat provide shade to coffee trees or by warbler. Nothing in this 4(d) rule would not suitable for the species) other than selective removal of exotic species change in any way the recovery sun- to shade-grown coffee conversion creates physically stable and suitable planning provisions of section 4(f) of the and maintenance, including herbicide, habitats for the elfin-woods warbler. Act, the consultation requirements pesticide, and fertilizer use outside of Moreover, the cultivation of shade- under section 7 of the Act, or the ability coffee plantations, which are carried out grown coffee has many other ecological of the Service to enter into partnerships in accordance with any Commonwealth and human-health benefits such as the for the management and protection of and Federal existing regulations, permit reduction of soil erosion, moderation of the elfin-woods warbler. and label requirements, and best soil temperatures, and reduced need for We may issue permits to carry out management practices. fertilizers and pesticides (Borkhataria et otherwise prohibited activities We believe the following activities al. 2012, p.168). Therefore, restoration, involving threatened wildlife under may potentially result in a violation of conservation, and protection of shade- certain circumstances. Under section 9 the Act. This list is not grown coffee plantations would provide regulations governing permits for comprehensive: suitable habitat for the feeding, threatened wildlife species, which are (1) Unauthorized collecting or sheltering, and reproduction activities codified at 50 CFR 17.32, a permit may handling of the species; of this species and may provide habitat be issued for the following purposes: (2) Destruction/alteration/ to promote the elfin-woods warblers’ For scientific purposes, to enhance the dispersal and recolonization of lands propagation or survival of the species, fragmentation of habitat essential to adjacent to the existing populations. economic hardship, zoological fulfilling the lifecycle of the species; (2) Riparian buffer establishment exhibition, educational purposes, and and through the planting of native for incidental take in connection with (3) Introduction of nonnative species vegetation and removal of exotic species otherwise lawful activities. There are that compete with or prey upon the may improve the habitat conditions of also certain statutory exemptions from elfin-woods warbler. Gallery forests along the sub-watersheds the prohibitions, which are found in Questions regarding whether specific associated with lands adjacent to the sections 9 and 10 of the Act. activities would constitute a violation of elfin-woods warbler’s existing It is our policy, as published in the section 9 of the Act should be directed populations. Gallery forests serve as Federal Register on July 1, 1994 (59 FR to the Caribbean Ecological Services biological corridors that maintain 34272), to identify to the maximum Field Office (see FOR FURTHER connectivity between forested lands and extent practicable at the time a species INFORMATION CONTACT).

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Critical Habitat defined under the authority of the recordkeeping requirements, Section 3(5)(A) of the Act defines National Environmental Policy Act, Transportation. need not be prepared in connection critical habitat as (i) the specific areas Regulation Promulgation within the geographical area occupied with listing a species as an endangered Accordingly, we amend part 17, by the species, at the time it is listed on or threatened species under the subchapter B of chapter I, title 50 of the which are found those physical or Endangered Species Act. We published Code of Federal Regulations, as set forth biological features (I) essential to the a notice outlining our reasons for this below: conservation of the species and (II) determination in the Federal Register on October 25, 1983 (48 FR 49244). which may require special management PART 17—ENDANGERED AND considerations or protection; and (ii) References Cited THREATENED WILDLIFE AND PLANTS specific areas outside the geographical area occupied by the species at the time A complete list of references cited in ■ 1. The authority citation for part 17 it is listed upon a determination by the this rulemaking is available on the continues to read as follows: Secretary that such areas are essential Internet at http://www.regulations.gov and upon request from the Caribbean Authority: 16 U.S.C. 1361–1407; 1531– for the conservation of the species. 1544; and 4201–4245, unless otherwise FOR Elsewhere in this issue of the Federal Ecological Services Field Office (see noted. Register we have published a proposed FURTHER INFORMATION CONTACT). ■ 2. Amend § 17.11(h) by adding an rule to designate critical habitat for the Authors elfin-woods warbler. entry for ‘‘Warbler, elfin-woods’’ to the List of Endangered and Threatened The primary authors of this final rule Required Determinations Wildlife in alphabetical order under are the staff members of the Caribbean BIRDS to read as follows: National Environmental Policy Act (42 Ecological Services Field Office. U.S.C. 4321 et seq.) List of Subjects in 50 CFR Part 17 § 17.11 Endangered and threatened We have determined that wildlife. environmental assessments and Endangered and threatened species, * * * * * environmental impact statements, as Exports, Imports, Reporting and (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 866 NA 17.41(e)

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* * * * * (i) The conversion of sun-grown the shade-grown coffee system reaches ■ 3. Amend § 17.41 by adding paragraph coffee to shade-grown coffee plantations its functionality and structure (i.e., 3 to (e) to read as follows: by the restoration and maintenance (i.e., 4 years), little or no chemical fertilizers, removal of invasive, exotic, and feral herbicides, or pesticides may be used. § 17.41 Special rules—birds. species; shade and coffee tree seasonal (ii) Riparian buffer establishment * * * * * pruning; shade and coffee tree planting though the planting of native vegetation (e) Elfin-woods warbler (Setophaga and replacement; coffee bean harvest by and selective removal of exotic species. angelae). (1) Prohibitions. Except as hands-on methods; and the use of (iii) Reforestation and forested habitat noted in paragraph (e)(2) of this section, standard pest control methods and enhancement projects within secondary all prohibitions and provisions of 50 fertilizers within the plantations) of forests (i.e., young and mature) that CFR 17.31 and 17.32 apply to the elfin- shade-grown coffee plantations and promote the establishment or woods warbler. native forests associated with this type improvement of habitat conditions for (2) Exemptions from prohibitions. of crop. To minimize disturbance to the the species by the planting of native Incidental take of the elfin-woods elfin-woods warbler, shade and coffee trees, selective removal of native and warbler will not be considered a tree seasonal pruning must be exotic trees, seasonal pruning of native violation of section 9 of the Act if the conducted between September 1 and and exotic trees, or a combination of take results from any of the following February 28, which is the time period these. when conducted within habitats outside the peak of the elfin-woods currently occupied by the elfin-woods warbler’s breeding season. The Service Dated: June 6, 2016. warbler provided these activities abide considers the use of pest control Stephen Guertin, by the conservation measures set forth methods (e.g., pesticides, herbicides) Acting Director, U.S. Fish and Wildlife in this paragraph (e) and are conducted and fertilizers ‘‘standard’’ when it is Service. in accordance with applicable State, used only twice a year during the [FR Doc. 2016–14540 Filed 6–21–16; 8:45 am] Federal, and local laws and regulations: establishment period of shade and BILLING CODE 4333–15–P coffee trees (i.e., the first 2 years). Once

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