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employing a resolution bandwidth of 1 to operate under a higher PFD at their (c) Eligibility for rural service provider megahertz or greater. However, in the 1 common boundary. bidding credit. A rural service provider, megahertz bands immediately outside ■ 18. Amend § 27.57 by revising as defined in § 1.2110(f)(4)(i) of this and adjacent to the licensee’s frequency paragraph (c) to read as follows: chapter, that has not claimed a small block, a resolution bandwidth of at least business bidding credit may use the § 27.57 International coordination. one percent of the emission bandwidth bidding credit of 15 percent specified in of the fundamental emission of the * * * * * § 1.2110(f)(4) of this chapter. transmitter may be employed. The (c) Operation in the 1695–1710 MHz, emission bandwidth is defined as the 1710–1755 MHz, 1755–1780 MHz, § 27.1602 Permanent discontinuance of width of the signal between two points, 1915–1920 MHz, 1995–2000 MHz, 3450–3550 MHz licenses. one below the carrier center frequency 2000–2020 MHz, 2110–2155 MHz, A 3450–3550 MHz band licensee that and one above the carrier center 2155–2180 MHz, 2180–2200 MHz, permanently discontinues service as frequency, outside of which all 3450–3550 MHz, and 3700–3980 MHz defined in § 1.953 must notify the emissions are attenuated at least 26 dB bands is subject to international Commission of the discontinuance below the transmitter power. agreements with Mexico and Canada. within 10 days by filing FCC Form 601 ■ Notwithstanding the channel edge 19. Add new Subpart Q to read as requesting license cancellation. An requirement of ¥13 dBm per megahertz, follows: authorization will automatically terminate, without specific Commission for base station operations in the 3450– Subpart Q—3450–3550 MHz Band 3550 MHz band beyond the two edges action, if service is permanently of the band, the conducted power of any Sec. discontinued as defined in § 1.953, even emission shall not exceed ¥25 dBm/ 27.1600 3450–3550 MHz band subject to if a licensee fails to file the required MHz within a 20 megahertz offset from competitive bidding. form requesting license cancellation. 27.1601 Designated entities in the 3450– the top and bottom edges of the band, [FR Doc. 2020–22529 Filed 10–19–20; 4:15 pm] and shall not exceed ¥40 dBm/MHz 3550 MHz band. 27.1602 Permanent discontinuance of BILLING CODE 6712–01–P beyond that 20 megahertz offset. service in the 3450–3550 MHz band. (2) For mobile operations in the 3450– 3550 MHz band, the conducted power § 27.1600 3450–3550 MHz band subject to DEPARTMENT OF THE INTERIOR of any emission outside the licensee’s competitive bidding. authorized bandwidth shall not exceed Mutually exclusive initial Fish and Wildlife Service ¥13 dBm/MHz. Compliance with this applications for 3450–3550 MHz band paragraph (o)(2) is based on the use of licenses are subject to competitive 50 CFR Part 17 measurement instrumentation bidding. The general competitive employing a resolution bandwidth of 1 bidding procedures set forth in 47 CFR [Docket No. FWS–R4–ES–2019–0070; megahertz or greater. However, in the 1 part 1, subpart Q of this chapter will FXES11130900000C2–189–FF09E42000] megahertz bands immediately outside apply unless otherwise provided in this RIN 1018–BD01 and adjacent to the licensee’s frequency subpart. block, the minimum resolution Endangered and Threatened Wildlife bandwidth for the measurement shall be § 27.1601 Designated entities in the 3450– and Plants; Reclassification of Eugenia either one percent of the emission 3550 MHz band. woodburyana as Threatened and bandwidth of the fundamental emission (a) Definitions. (1) Small business. A Section 4(d) Rule of the transmitter or 350 kHz. In the small business is an entity that, together bands between 1 and 5 MHz removed with its affiliates, its controlling AGENCY: Fish and Wildlife Service, from the licensee’s frequency block, the interests, and the affiliates of its Interior. minimum resolution bandwidth for the controlling interests, has average gross ACTION: Proposed rule. measurement shall be 500 kHz. The revenues not exceeding $55 million for emission bandwidth is defined as the the preceding five (5) years. SUMMARY: We, the U.S. Fish and width of the signal between two points, (2) Very small business. A very small Wildlife Service (Service or USFWS), one below the carrier center frequency business is an entity that, together with propose to reclassify the plant Eugenia and one above the carrier center its affiliates, its controlling interests, woodburyana (no common name) from frequency, outside of which all and the affiliates of its controlling an endangered species to a threatened emissions are attenuated at least 26 dB interests, has average gross revenues not species under the Endangered Species below the transmitter power. exceeding $20 million for the preceding Act of 1973, as amended (Act), due to ■ 17. Amend § 27.55 by adding five (5) years. improvements in the species’ status paragraph (e) to read as follows: (b) Bidding credits. A winning bidder since the original listing in 1994. This that qualifies as a small business, as proposed action is based on a thorough § 27.55 Power strength limits. defined in this section, or a consortium review of the best available scientific * * * * * of small businesses may use the bidding and commercial information, which (e) Power flux density for stations credit of 15 percent, as specified in indicates that E. woodburyana is not operating in the 3450–3550 MHz band. § 1.2110(f)(2)(i)(C) of this chapter, currently in danger of extinction For base and fixed stations operation in subject to the cap specified in throughout all or a significant portion of the 3450–3550 MHz band in accordance § 1.2110(f)(2)(ii) of this chapter. A its range, but it is likely to become so with the provisions of § 27.50(j), the winning bidder that qualifies as a very within the foreseeable future. If this power flux density (PFD) at any location small business, as defined in this proposal is finalized, E. woodburyana on the geographical border of a section, or a consortium of very small would remain protected as a threatened licensee’s service area shall not exceed businesses may use the bidding credit of species under the Act. We seek ¥76 dBm/m2/MHz. This power flux 25 percent, as specified in information, data, and comments from density will be measured at 1.5 meters § 1.2110(f)(2)(i)(B) of this chapter, the public on this proposal. We also above ground. Licensees in adjacent subject to the cap specified in propose to establish a rule under section geographic areas may voluntarily agree § 1.2110(f)(2)(ii) of this chapter. 4(d) of the Act that will provide

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measures that are necessary and Endangered and Threatened Wildlife and where threats due to habitat advisable for conservation of the E. and Plants. To list, reclassify, or delist modification have been reduced. woodburyana. a species, we must issue a rule in the Recovery actions (e.g., propagation and DATES: We will accept comments Federal Register. This rule proposes to planting, habitat enhancement with received or postmarked on or before reclassify the E. woodburyana from native tree species, cattle exclusion, December 21, 2020. We must receive endangered to threatened on the List. firebreaks) to control and reduce requests for public hearings in writing, What this document does. We remaining threats have been at the address shown in FOR FURTHER propose to reclassify the plant Eugenia successfully implemented in INFORMATION CONTACT by December 7, woodburyana as threatened on the collaboration with several partners. 2020. Federal List of Endangered and Our review of the best available Threatened Plants and to establish scientific and commercial information ADDRESSES: You may submit comments provisions under section 4(d) of the Act indicates that some threats to Eugenia on this proposed rule by one of the to ensure the continued conservation of woodburyana still remain while others following methods: this species. have been reduced or no longer occur. Electronically: Go to the Federal The basis for our action. Under the Remaining threats that will make this eRulemaking Portal: http:// Act, we may determine that a species is species likely to become endangered in www.regulations.gov. In the Search box, an endangered or threatened species the foreseeable future include habitat enter the Docket Number for this based on any one or a combination of loss, degradation, and fragmentation, proposed rule, which is FWS–R4–ES– five factors: (A) The present or and other natural or manmade factors 2019–0070. Then, in the Search panel threatened destruction, modification, or such as human-induced fires and on the left side of the screen, under the curtailment of its habitat or range; (B) landslides. For example, in May 2019, a Document Type heading, click on the overutilization for commercial, large wildfire affected the upper Proposed Rules link to locate this recreational, scientific, or educational forested hills of a private land in document. You may submit a comment purposes; (C) disease or predation; (D) conservation in Sierra Bermeja by clicking on ‘‘Comment Now!’’ Please the inadequacy of existing regulatory (southwest Puerto Rico), affecting an ensure that you have found the correct mechanisms; or (E) other natural or undetermined number of individuals of rulemaking before submitting your manmade factors affecting its continued E. woodburyana (Envirosurvey 2020, p. comment. Comments submitted existence. In our May 2017 5-year status 52). electronically using the Federal review, we made a recommendation to eRulemaking Portal must be received by reclassify this plant from endangered to Information Requested 11:59 p.m. Eastern Time on the closing threatened based on our evaluation of We intend that any final action date. these same five factors. Based on the resulting from this proposed rule will be By hard copy: Submit by U.S. mail to: status review, the current threats based on the best scientific and Public Comments Processing, Attn: analysis, and evaluation of conservation commercial data available and be as FWS–R4–ES–2019–0070; U.S. Fish and measures discussed in this proposed accurate and as effective as possible. Wildlife Service Headquarters, MS: rule, we conclude that the plant E. Therefore, we request comments or JAO/1N, 5275 Leesburg Pike, Falls woodburyana no longer meets the Act’s information from other concerned Church, VA 22041–3803. definition of endangered and should be governmental agencies, Native We request that you send comments reclassified to threatened because it is American tribes, the scientific only by the methods described above. no longer in danger of extinction community, industry, or any other We will post all comments on http:// throughout all or a significant portion of interested parties concerning this www.regulations.gov. This generally its range, but is likely to become so proposed rule. means that we will post any personal within the foreseeable future. We particularly seek comments information you provide us (see Public New information indicates that concerning: Comments below for more information). Eugenia woodburyana is now more (1) The species’ biology, range, and Document availability: The proposed abundant and more widely distributed population trends, including: rule, list of literature cited, the 5-year than when it was listed in 1994, when (a) Biological or ecological review, and other supporting documents only approximately 45 individuals were requirements of the species, including are available at http:// known from 3 localities in southwestern habitat requirements; www.regulations.gov under Docket No. Puerto Rico. In the recovery plan for E. (b) Genetics and taxonomy; FWS–R4–ES–2019–0070. woodburyana (Service 1998), the (c) Historical and current range FOR FURTHER INFORMATION CONTACT: species was identified as occurring in including distribution patterns; Edwin Mun˜ iz, Field Supervisor, U.S. four locations in southwest Puerto Rico, (d) Historical and current population Fish and Wildlife Service, Caribbean totaling approximately 150 individuals. levels, and current and projected trends; Ecological Services Field Office, P.O. In the 2017 5-year review, it was known and Box 491, Boquero´n, Puerto Rico 00622, from 6 populations and 2,597 (e) Current or planned activities telephone (787) 851–7297. Individuals individuals (not including seedlings) within the geographic range of Eugenia who use a telecommunications device (Service 2017, p. 13). Currently, self- woodburyana that may impact or benefit for the deaf (TDD), may call the Federal sustaining E. woodburyana natural the species. Relay Service at (800) 877–8339. populations are known to occur in 6 (2) Factors (threats) that may affect the SUPPLEMENTARY INFORMATION: localities along southern Puerto Rico, continued existence of the species, extending from the municipality of Cabo which may include habitat modification Executive Summary Rojo in the southwest eastward to the or destruction, overutilization, disease, Why we need to publish a rule. municipality of Salinas in the south, predation, the inadequacy of existing Section 4 of the Act and its totaling approximately 2,751 not regulatory mechanisms, or other natural implementing regulations (50 CFR part including seedlings (table 1). About 47 or manmade factors. 424) set forth the procedures for listing percent of the currently known (3) Biological, commercial trade, or species, reclassifying species, or individuals occur under protective other relevant data concerning any removing species from the Lists of status in areas managed for conservation threats (or lack thereof) to this species

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and existing regulations that may be proposal, if requested. We must receive Previous Federal Actions addressing those threats. requests for public hearings, in writing, On September 9, 1994, we published (4) Additional information concerning at the address shown in FOR FURTHER a final rule in the Federal Register (59 the historical and current status, range, INFORMATION CONTACT by the date shown FR 46715) listing Eugenia woodburyana distribution, and population size of this in DATES. We will schedule a public as an endangered species. The final rule species, including the locations of any hearing on this proposal, if any are identified the following threats to E. additional populations of this species. requested, and announce the date, time, woodburyana: Loss of habitat due to (5) Information on regulations that are and place of those hearings, as well as agricultural (grazing by cattle and goats), necessary and advisable to provide for how to obtain reasonable rural, and tourist development and the conservation of Eugenia accommodation, in the Federal Register possibly the use of off-road vehicles woodburyana and that the Service can at least 15 days before the first hearing. within the habitat; lack of State consider in developing a 4(d) rule for For the immediate future, we will regulations to protect this species; and the species. In particular, information provide these public hearings using the limited distribution of the species. concerning the extent to which we webinars that will be announced on the On October 6, 1998, we published the should include any of the section 9 Service’s website, in addition to the recovery plan for this endangered plant prohibitions in the 4(d) rule or whether Federal Register. The use of these (USFWS 1998, entire). We completed a any other forms of take should be virtual public hearings is consistent 5-year status review on May 7, 2017 excepted from the prohibitions in the with our regulation at 50 CFR (USFWS 2017, entire). In that review, 4(d) rule (to the extent permitted by 424.16(c)(3). we determined that the species no Commonwealth law). Peer Review longer met the definition of an Please include sufficient information endangered species and should be with your submission (such as scientific In accordance with our policy reclassified to threatened because new journal articles or other publications) to published in the Federal Register on occurrences of the species had been allow us to verify any scientific or July 1, 1994 (59 FR 34270), and the located since completion of the recovery commercial information you include. Office of Management and Budget’s plan, and a substantial number of Please note that submissions merely Final Information Quality Bulletin for individuals had been documented (i.e., stating support for or opposition to the Peer Review, dated December 16, 2004, 2,567 individuals including adults and action under consideration without we will seek the expert opinions of at saplings). providing supporting information, least three appropriate and independent The 5-year status review is available although noted, will not be considered specialists regarding the science in this at https://www.regulations.gov at in making a determination, as section proposed rule. The purpose of such (Docket No. FWS–R4–ES–2019–0070). 4(b)(1)(A) of the Act directs that a review is to ensure that our For additional details on previous determination as to whether any species determination is based on scientifically Federal actions, see discussion under is a threatened or endangered species sound data, assumptions, and analyses. Recovery, below. Also see http:// must be made ‘‘solely on the basis of the We will send peer reviewers copies of www.fws.gov/endangered/species/us- best scientific and commercial data this proposed rule immediately species.html for the species profile for available.’’ following publication in the Federal this plant. You may submit your comments and Register. We will invite these peer materials concerning this proposed rule I. Proposed Listing Determination reviewers to comment during the public by one of the methods listed in comment period on both the proposed Background ADDRESSES. We request that you send reclassification of Eugenia woodburyana comments only by the methods Species Information and the proposed special rule. We will described in ADDRESSES. A thorough review of the taxonomy, If you submit information via http:// summarize the opinions of these life history, ecology, and overall www.regulations.gov, your entire reviewers in the final decision viability of Eugenia woodburyana was comment—including any personal documents, and we will consider the presented in the 5-year review (USFWS identifying information—will be posted comments and information received 2017, entire). Below we present a on the website. While you can ask us in from peer reviewers during the public summary of the biological and your comment to withhold your comment period on this proposed rule, distributional information discussed in personal identifying information from as we prepare our final determination. the 5-year review and new information public review, we cannot guarantee that Because we will consider all published or obtained since. we will be able to do so. Please note that comments and information received Taxonomy and Species Description comments posted to this website are not during the comment period, our final immediately viewable. When you determination may differ from this Eugenia woodburyana is a small submit a comment, the system receives proposal. Based on the new information evergreen tree that belongs to the family it immediately. However, the comment we receive, we may conclude that the Myrtaceae (Judd et al. 2002, p. 398). will not be publically viewable until we species status should not change and Eugenia is the largest genus of this post it, which might not occur until may choose to withdraw the proposal. family, which is very diverse in the several days after submission. Such a final decision would be a logical Antilles and includes more native trees Comments and materials we receive, outgrowth of this proposal, as long as than any other genus of flowering plants as well as supporting documentation we: (a) Base the decisions on the best in the flora of Puerto Rico (Breckon and used in preparing this proposed rule scientific and commercial data available Kolterman 1994, p. 5). Eugenia will be available for public inspection at after considering all of the relevant woodburyana was first collected by Roy Docket No. FWS–R4–ES–2019–0070 on factors; (2) do not rely on factors O. Woodbury in October 31, 1977, in the http://www.regulations.gov. Congress has not intended us to municipality of Gua´nica, Puerto Rico, consider; and (3) articulate a rational and later described as a new species Public Hearing connection between the facts found and (Liogier 1994, p. 407). Section 4(b)(5)(E) of the Act provides the conclusions made, including why Eugenia woodburyana may reach up for one or more public hearings on this we changed our conclusion. to 6 m (19.8 ft) (Liogier 1994, p. 407).

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Its leaves are chartaceous (thin and pollination and fruit production appear southwest Puerto Rico, known from stiff), pubescent on both sides, obovate to be the result of crosspollination, as only 45 individuals within the GCF, or elliptic, rounded at the apex, and few fruits are produced when single Sierra Bermeja, and an individual dark green and shining above, and paler individuals flower (Monsegur-Rivera reported from the CRNWR. In addition, beneath. The fruit is an eight-winged, 2012–2017, per. obs.). E. woodburyana was collected in 1996 globose berry with a diameter of 2 cm Eugenia woodburyana seeds can at Pen˜ ones de Melones in Cabo Rojo (0.08 in) that turns red when mature remain dormant for a considerable (Breckon 4863; MAPR herbaria). (Liogier 1994, p. 407). period of time, and likely vary in time Thirteen individuals of this species of emergence (Santiago 2011, p.14). Reproductive Biology were recorded during a study at La Recent germination trials indicate the Tinaja Tract (Laguna Cartagena National The reproductive biology of Eugenia species has a high germination rate (i.e., Wildlife Refuge [LCNWR]), which found woodburyana had not been thoroughly 70 percent), and that germination the species was present in open forest studied at the time it was listed. success is greater if seeds are planted on east-facing slopes, and that it did not According to data in the recovery plan, within 2 weeks following harvesting. occur in areas in transition from pasture herbarium specimens collected in Seeds start germinating by developing a to forest (Weaver and Chinea 2013, p. October and May at the GCF contained long taproot, an adaptation to secure 279). buds and flowers, whereas specimens access to water, and in the case of a collected in February and April were sudden drought, the seed may stop Following the finalization of the sterile. However, a specimen collected development of new growths and go species’ recovery plan in 1998, new in March in Sierra Bermeja (southwest dormant (Monsegur-Rivera 2012–2014, populations within the geographical Puerto Rico) had remnants of flowers pers. obs.). Additional propagation areas of Montes de Barinas, between the (USFWS 1998, pp. 3–4). efforts have been conducted because municipalities of Yauco and Guayanilla, Some information on the phenology Eugenia woodburyana is relatively easy and Punta Cucharas, and between the and germination of Eugenia to propagate. Over the past 10 years, the municipalities of Ponce and Pen˜ uelas, woodburyana has been gathered since Service has worked with local partners were identified by local experts and the the species was listed. This plant has propagating and planting this species on Service (Roma´n-Guzman 2006, p. 25). been observed flowering in February, lands managed for conservation in the These reports expanded the species’ May, June, August, and October, and not Sierra Bermeja area (USFWS 2017, p. distribution further east within the all individuals flower at the same time 11). These efforts need to be expanded subtropical dry limestone forest of and not all produce fruits (USFWS to geographical areas in the proximity of Puerto Rico. The range of the species 2017, p. 17). Therefore, we suspect it the other natural populations (e.g., continued to expand: In 2008, it was could flower February through October, Alma´cigo Bajo). located at Alma´cigo Bajo Ward in the depending on rain levels. Flower bud municipality of Yauco (Sepu´ lveda 2008, development has been observed 3 to 5 Distribution and Abundance pers. comm.). The species is also now days after rain events of greater than 1 Eugenia woodburyana was originally known to extend to the Municipality of inch (25.4 mm) in 1 day, and fruits are known from dry thickets within the GCF Salinas, as evidenced by a specimen observed about 3 weeks later (USFWS (Liogier 1980, p. 185; Breckon and collected within the boundaries of the 2017, p. 17). In the event water Kolterman 1994, p. 5). In 1981, this Puerto Rico National Guard’s Camp availability becomes a limiting factor, species was collected at an uncertain Santiago (Acevedo-Rodriguez 2014, p. the immature fruits may become location within the CRNWR, and in 15; table 1). This locality is at least 18.6 dormant for months until conditions are 1984, at the dry serpentine slopes of miles (30 km) east of the previously favorable for developing (Monsegur- Cerro Mariquita in Sierra Bermeja nearest known site at Punta Cucharas in Rivera 2012–2017, pers. obs.). Flowers (Santiago-Blay et al. 2003, p. 1). At the the municipality of Ponce. Below we of E. woodburyana are typically visited time of listing, E. woodburyana was discuss each of these areas in more by honey bees (Apis mellifera), and considered an endemic species of detail. TABLE 1—CURRENTLY KNOWN NATURAL POPULATIONS AND NUMBER OF INDIVIDUALS (ADULTS AND SAPLINGS) OF Eugenia woodburyana IN PUERTO RICO [Asterisk (*) indicates localities that are considered as subpopulations. Puerto Rico Department of Natural and Environmental Resources is indicated as PRDNER]

Percent of the total (2,751) Conservation Population name based on Subpopulation name known adults/saplings per status Ownership geographical range a (protected, subpopulation not protected)

Sierra Bermeja ...... * La Tinaja Tract (within LCNWR) 808/271 (39.2%) ...... Protected ...... USFWS. * Finca Marı´a Luisa (also known 692/90 (28.4%) ...... Not protected ...... Private land under conservation as Finca Escabi). easement with Para La Naturaleza. Threats not man- aged. * El Conuco (also known as Finca 88/8 (3.5%) ...... Protected ...... P.R. Conservation Trust (Para La Sollins). Naturaleza). * Finca Lozada ...... 300 estimated adults (10.9%) ...... Not protected ...... Private. Alma´cigo Bajo, Yauco ...... Alma´cigo Bajo (Rı´o Loco) ...... 120/226 (12.6%) ...... Not protected ...... Private. Gua´nica Commonwealth Forest .... * Can˜on Hoya Honda ...... 10 estimated adults (0.36%) ...... Protected ...... PRDNER. * Can˜on Eugenias ...... 31/8 (1.4%) ...... Protected ...... PRDNER. * Can˜on Murcie´lagos ...... 27/39 (2.4%) ...... Protected ...... PRDNER. * Can˜on Las Trichilias ...... 1 (0.04%) ...... Protected ...... PRDNER. Montes de Barinas ...... Finca Catala´ ...... 1 (0.04%) ...... Not protected ...... Private. Punta Cucharas (Ponce-Pen˜uelas) * Pen˜on de Ponce ...... 20 (0.7%) ...... Not protected ...... Private. * Puerto Galexda ...... 9 (0.3%) ...... Private. * Gasoducto Sur ROW ...... 1 (0.04%) ...... Private.

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TABLE 1—CURRENTLY KNOWN NATURAL POPULATIONS AND NUMBER OF INDIVIDUALS (ADULTS AND SAPLINGS) OF Eugenia woodburyana IN PUERTO RICO—Continued [Asterisk (*) indicates localities that are considered as subpopulations. Puerto Rico Department of Natural and Environmental Resources is indicated as PRDNER]

Conservation Percent of the total (2,751) status Population name based on Subpopulation name known adults/saplings per Ownership geographical range a (protected, subpopulation not protected)

Salinas ...... Camp Santiago ...... 1 (0.04%) ...... Not protected ...... P.R. National Guard. Threats not managed. a Seedlings not included as part of the population numbers because available data do not allow us to determine the percentage of seedlings that is recruited into the population. Existing data are sporadic and the long term survival of seedlings is uncertain due to natural thinning and environmental variables (e.g., drought stress).

As shown in Table 1, the largest composed of a mosaic of habitats with Eugenia woodburyana also was population and suitable habitat of different land uses that include known from the area of Pen˜ ones de Eugenia woodburyana is found in Sierra ranching, hay production, and remnants Melones in the Boquero´n Ward of Cabo Bermeja, southwest Puerto Rico, a of forested habitats. The forested habitat Rojo. This site is a western extension of mountain range that covers is adjacent to the boundaries of the the Sierra Bermeja habitat, but at lower approximately 3,706–ac (1,500–ha) LCNWR (La Tinaja Tract) and provides elevations, and it has been subject to (USFWS 2011a, p. 17). E. woodburyana connectivity to the Eugenia deforestation mainly for agriculture and is known from at least four locations woodburyana subpopulations, urban development (USFWS 2017, p. (subpopulations) within this area: La particularly on La Tinaja Tract. An 14). However, there are no current data Tinaja Tract, Finca Marı´a Luisa (also assessment of Finca Marı´a Luisa on the status of this population, and E. known as Finca Escabi), Finca Lozada, identified 629 adults and 90 saplings of woodburyana is presumed extirpated and El Conuco (also known as Finca E. woodburyana (Envirosurvey 2020, p. from this area due to the extensive Sollins) (Envirosurvey 2020, p. 44). La 47; table 1). A total of 105 seedlings also deforestation and development that Tinaja Tract is part of the LCNWR and were documented during that same occurred during the early 2000s. In occupies 263 ac (106.4 ha) in the assessment. However, there is no addition, there is a single record of the foothills of Sierra Bermeja (USFWS information on the survival of those species from the CRNWR, but this 2011a, pp. 23 and 26), and lies within seedlings. This property is currently locality has not been surveyed recently the Subtropical Dry Forest Life Zone under a conservation easement managed due to lack of information on the (Ewel and Whitmore 1973, p. 10; by the nongovernmental organization specific location of the individual. Weaver and Chinea 2003, p. 273). Para La Naturaleza, Inc. (PLN), the However, the CRNWR is currently a Although the species is not specific to operational unit of The Conservation reintroduction site for E. woodburyana. this type of habitat, drainages provide Trust of Puerto Rico (PLN 2013). This As previously stated, the known range moist conditions (mesic) favorable for easement should provide for the of Eugenia woodburyana increased its establishment, which may explain conservation of the natural resources of when the species was located on private the higher abundance of the species at the property, including E. woodburyana. land (Rı´o Loco population) at the these sites. In fact, an inventory of listed However, there are some agricultural Alma´cigo Bajo Ward near the southeast plant species at La Tinaja Tract practices (e.g., grazing, forest conversion boundary of the Susu´ a Commonwealth accounted for 808 adults and 271 into grassland) that still threatening the Forest (SCF). This is the only saplings of Eugenia woodburyana, species (PLN 2013, p. 56; USFWS 2017, population that occurs in the associated to those mesic habitats that p. 18; Envirosurvey 2020, p. 49). El boundaries of the subtropical dry and favor germination and recruitment Conuco is another property owned and moist forests life zones (Ewel and (Morales-Pe´rez 2013, p. 4, Monsegur- managed for conservation by PLN in Whitmore 1973, pp. 25 and 72). The Rivera 2009–2018, pers. obs.; table 1). Sierra Bermeja, where E. woodburyana latest information from this site The occurrence in Sierra Bermeja of is also found (PLN 2014). This property indicates the E. woodburyana multiple listed plants and rare endemics is located on the west side of the population is composed of at least 120 is the result of the little agricultural mountain range, and in 2014, a adults and 226 saplings (USFWS 2017, value of the steep slopes, hence little subpopulation of E. woodburyana was p. 9; table 1). Despite the relatively deforestation, which resulted in a reported with at least 41 individuals disturbed nature of this area, a total of refugia for those species, including E. (USFWS 2014a, p. 2). The latest survey 211 seedlings also were documented woodburyana. Nonetheless, the lower indicates that there are at least 88 adults during the assessment, but their current slopes of Sierra Bermeja and and 8 saplings of E. woodburyana on survival is unknown (USFWS 2017, p. surrounding valleys are subject to this property (Envirosurvey 2020, p. 51; 9). In fact, due to the proximity of this different land use practices that hinders table 1). A total of 20 seedlings also population to the SCF, and the the expansion of the species and were documented during this availability and continuity of suitable associated native vegetation due to assessment, but there is no information habitat, we would expect to find threats such as fires, invasive grasses, on their long-term survival. additional E. woodburyana individuals and grazing, along with dry climate Finca Lozada is a private property along the southeastern portion of the conditions (Weaver and Chinea 2003, located west of La Tinaja Tract, and SCF. pp. 281–282). with similar habitat to La Tinaja. In The GCF is a natural area comprising Finca Marı´a Luisa is a private land 2007, a rapid assessment of Eugenia one of the best remnants of subtropical that ranges from the upper slopes of woodburyana was conducted on this dry forest vegetation in Puerto Rico Sierra Bermeja extending south to the property and estimated the (Monsegur-Rivera 2009, p. 3). Elevation coast near La Pitahaya in the Boquero´n subpopulation at around 300 ranges from 0 to 228 m (0 to 748 ft) Commonwealth Forest. This property is individuals (USFWS 2017, p. 9). above sea level (Murphy et al. 1995, p.

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179), and the landscape includes a suggest this habitat has remained Based on aerial images, and because the variable topography with a mixture of mainly undisturbed, explaining the vegetation structure in neighboring hills and deep canyons or ravines that presence of rare species like Buxus lands is similar to areas with provides adequate conditions for the vahlii (an endemic species with limited documented presence of E. occurrence of Eugenia woodburyana. seed dispersal mechanism) in the area. woodburyana, we anticipate the species There are four localities within the GCF Thus, the presence of additional extends beyond our surveyed area in where subpopulations of this species subpopulations of E. woodburyana in Sierra Bermeja. Nonetheless, E. have been documented: Can˜ o´n Hoya this area is very likely. woodburyana appears to be absent from Honda, Can˜ o´n Murcie´lagos, Can˜ o´n Las The newest record indicating the areas previously deforested and Eugenias, and Can˜ o´n Las Trichilias expansion of the species’ known range degraded to grasslands dominated by (Monsegur-Rivera 2009–2018, pers. obs.; is from a specimen collected at the exotics (e.g., Megathyrsus maximus table 1). The currently known number of Puerto Rico National Guard’s Camp [guinea grass]), and it is mainly E. woodburyana individuals at the GCF Santiago in the municipality of Salinas. restricted to those areas that provide is approximately 69 adults and 47 This site is about 18.6 miles (30 km) east favorable conditions for its saplings (USFWS 2017, pp. 8). Also, 31 from the nearest known locality in establishment (e.g., drainages) (Weaver seedlings were found in the forest, but Punta Cucharas in a habitat composed and Chinea 2003, entire; Morales-Pe´rez no information is available regarding of remnants of native dry forest. Camp 2013, p. 4; Monsegur-Rivera 2009–2018, their survival (USFWS 2017, p. 8). Santiago covers an area of 5,175 ha pers. obs.; Envirosurvey 2020, pp. 46 The range of Eugenia woodburyana (12,787.6 ac), and is located south of the and 51). Similar to Sierra Bermeja, the extends north to the hills along Montes central mountain range of Puerto Rico Alma´cigo Bajo (also known as Rı´o Loco) de Barinas in a habitat similar to the (Acevedo-Rodrı´guez 2014, p. 15). population also shows evidence of GCF (Monsegur-Rivera 2009–2018, pers. Population Summary natural recruitment and resiliency to obs.). This tract of privately owned previous habitat disturbance. The latest Available information indicates at lands is located primarily along Indios comprehensive survey of this least 808 adults and 271 saplings of Ward in the municipality of Guayanilla, population resulted in 346 individuals, Eugenia woodburyana occur within the and Cambalache Ward in the corresponding to 120 adults and 226 boundaries of La Tinaja Tract (Morales- municipality of Yauco. Due to the saplings (USFWS 2017, p. 11; table 1). Pe´rez 2013, p. 4; table 1). The marginal agricultural value of these Despite the relatively disturbed nature population of Finca Marı´a Luisa is areas, the forest was partially logged for of this area, it harbors a higher composed of at least 692 adults and 90 charcoal production and ranching; proportion of seedlings (38 percent) saplings (Envirosurvey 2020, p. 47; table fortunately, the prime habitat for native than that of Sierra Bermeja (10.5 and endemic plant species remained 1). In the case of El Conuco, the population is 88 adults and 8 saplings percent) (USFWS 2016, p. 5; USFWS undisturbed (79 FR 53326, September 9, 2017, pp. 9 and 10), which most likely 2014). The forested habitats at Montes (Envirosurvey 2020, p. 51; table 1). When evaluating the combined data is the result of the moister understory de Barinas and the GCF are separated by conditions in the drainages where the an agricultural valley along the Yauco from La Tinaja Tract, Finca Marı´a Luisa, El Conuco, and Finca Lozada as the species is found, and provides for better River. In fact, this geographical range seed germination and seedling overlaps with the designated critical whole Sierra Bermeja population, the total number of adults (1,888) and establishment. Nonetheless, even habitat of V. rupicola (Montes de though this population is the more Barinas Unit; 79 FR 53326, September 9, saplings (369) consists of 2,257 structurally proportionate, the 2014). The number of individuals of E. individuals. In addition, at least 269 recruitment of those seedling into the woodburyana at this location is limited seedlings have been recorded in this population is uncertain. to one record (table 1). However, the population (Morales-Pe´rez 2013, p. 4; majority of the habitat remains Envirosurvey 2020, pp. 47 and 51). At the GCF, the subpopulation at unexplored; thus, further surveys are Although we recognize the occurrence Can˜ o´n Murcie´lagos (also known as necessary to determine the size of this of seedlings, we did not include them Dinamita Trail) is relatively small (i.e., population (Monsegur-Rivera 2009– part of the whole E. woodburyana 27 adults and 39 saplings (USFWS 2016, 2018, pers. obs.). population because their fate is p. 8). Further assessment of the Similar habitat extends east to private unknown due to the lack of long term subpopulation at Can˜ o´n Las Eugenias lands in the area of Punta Cucharas, monitoring. For example, seedling (also known as Cueva Trail) in the GCF along Encarnacio´n and Canas Wards survival can be compromised by found 31 adults and 8 saplings (USFWS between the municipalities of Pen˜ uelas environmental variables like droughts, 2016, p. 8). A third subpopulation at and Ponce in southern Puerto Rico. This particularly in the dry forest habitat Can˜ o´n Hoya Honda is predominantly area also lies within the designated where the species occurs. Still, the composed of about 10 adult individuals critical habitat for V. rupicola (Pen˜ on de current number of adult individuals (Monsegur-Rivera 2009–2018, pers. Ponce Unit) (79 FR 53326, September 9, represents a demonstrable increase obs.). A total of 31 seedlings were found 2014). Here, Eugenia woodburyana is when compared to the overall number at Can˜ o´n Murcie´lagos (29), and Can˜ o´n known from at least three of individuals known at the time when Las Eugenias (2) (USFWS 2019, p. 8), subpopulations: Pen˜ on de Ponce, Puerto the species was listed (45 individuals) but their current survival is unknown. Galexda, and the former right of way of or even at the time the recovery plan The populations of Montes de Barinas, the proposed gas pipeline Gasoducto was published (150 individuals). The Punta Cucharas, and Camp Santiago are Sur, with an estimated minimum presence of different size classes shows recent additions to the species’ range, number of 30 individuals growing that the E. woodburyana population in and further systematic inventories are mainly along drainages on the Sierra Bermeja has been resilient to past needed in order to determine the extent northwest-facing slopes with greater and current threats (e.g., unsustainable and trends of these populations. moisture retention (Monsegur-Rivera agricultural practices, grazing, fires, Nonetheless, these very small 2009–2018, pers. obs.; Service 2017, p. invasive plant species) as suggested by populations are characterized by little or 10; table 1). The current forest structure its natural recruitment, reflected in the no recruitment (e.g., Acevedo-Rodrı´guez and absence of exotic plant species actual number of adults and saplings. 2014, p. 15).

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Recovery foreseeable future; (2) Existing natural Recovery actions like land acquisition Section 4(f) of the Act directs us to populations of E. woodburyana (6 and the establishment of conservation develop and implement recovery plans populations) show a stable or increasing easements also have been undertaken to for the conservation and survival of trend, as evidenced by natural prevent habitat loss and degradation, threatened and endangered species recruitment and multiple age classes; (3) and potential population decline. For unless we determine that such a plan Within the historic range, establish at example, PLN has two natural protected will not promote the conservation of the least three (3) new populations of E. areas in Sierra Bermeja: The species. Recovery plans are not woodburyana on lands protected by a conservation easement Finca Marı´a conservation mechanism that show a regulatory documents and are instead Luisa (755.6 ac [305.8 ha]), and the stable or increasing trend, evidenced by intended to establish goals for long-term Natural Protected Area El Conuco (37.4 natural recruitment and multiple age conservation of a listed species, define ac [15.1 ha]) (PLN 2013, 85 pp.; PLN classes. We apply our current criteria that are designed to indicate 2014, 58 pp.). As discussed above, both understanding of the species’ range, when the threats facing a species have properties harbor subpopulations of biology, and threats to these delisting been removed or reduced to such an Eugenia woodburyana (PLN 2014, p. 13; criteria to support our rationale for why extent that the species may no longer Envirosurvey 2020, p. 44). Habitat downlisting is appropriate. need the protections of the Act, and management practices implemented at Threat reduction and management El Conuco include cattle exclusion, provide guidance to our Federal, State, activities described in delisting criterion and other governmental and non- firebreaks, and a reforestation plan, number 1 have been partially met. providing suitable conditions for natural governmental partners on methods to Overall, about 47 percent of the minimize threats to listed species. There recruitment and the expansion of the E. currently known Eugenia woodburyana woodburyana population (PLN 2013, 85 are many paths to accomplishing individuals occur within lands managed recovery of a species, and recovery may pp.). However, in the case of the Finca for conservation. As previously stated, Marı´a Luisa easement, the conservation be achieved without all criteria being the GCF is managed for conservation by fully met. For example, one or more practices included in the management PRDNER as recommended by the Master plan developed by PLN for this property criteria may have been exceeded while Plan for the Commonwealth Forests of other criteria may not have been have not yet been implemented. The Puerto Rico (DRN 1976, p. 56). In plan identifies the habitat that harbors accomplished, yet the Service may addition, E. woodburyana is currently judge that, overall, the threats have been E. woodburyana as a conservation area, listed as critically endangered under and recommends the exclusion of cattle minimized sufficiently, and the species PRDNER regulations (PRDNER 2004, p. is robust enough, to reclassify the from those parcels (PLN 2014, pp. 36 52). Consequently, that agency reviews and 56). The conservation easement also species from endangered to threatened all proposed actions for the GCF that or perhaps delist the species. In other establishes that agricultural practices may adversely affect this and other and urban development cannot be cases, recovery opportunities may have listed species and their habitat within been recognized that were not known at conducted on management units the forest. During an E. woodburyana identified for conservation (PLN 2014, the time the recovery plan was rapid assessment conducted at the GCF, finalized. These opportunities may be pp. 36 and 56). During an assessment of no changes in habitat or evidence of Finca Marı´a Luisa, we recommended used instead of methods identified in activities affecting this species were the recovery plan. the implementation of conservation observed (USFWS 2017, p. 8). Thus, as actions such as cattle exclusion and Likewise, information on the species E. woodburyana is protected in that establishments of firebreaks to protect E. that was not known at the time the forest, it appears to be stable based on woodburyana, and to avoid additional recovery plan was finalized may become consistent records of estimated habitat degradation (USFWS 2014b, p. available later. The new information individuals and because no 3). At present, none of these actions may change the extent that criteria need modifications in the habitat that could have been implemented. The fourth E. to be met for recognizing recovery of the affect the species have occurred lately woodburyana subpopulation in Sierra species. Recovery of species is a (USFWS 2017, p. 8). dynamic process requiring adaptive As for LCNWR, in 1996 the Service Bermeja (i.e., Finca Lozada) remains management that may, or may not, fully acquired La Tinaja Tract, a 263-ac under pressure of cattle grazing and follow the guidance provided in a (106.4-ha) piece of land in the foothills trampling, competition with exotic recovery plan. of Sierra Bermeja (USFWS 2011a, pp. grasses, human-induced fires, and The following discussion provides an 23, 26). This land is now protected and bulldozing (Lange et al. 2017, p. 4; analysis of the recovery criteria and managed for the conservation of natural Monsegur-Rivera 2016, pers. obs.). goals as they relate to evaluating the resources, with a comprehensive Information gathered post-listing status of the taxon. conservation plan that includes indicated that the range of Eugenia measures for the protection and woodburyana has expanded to new Recovery Criteria recovery of threatened and endangered localities: Montes de Barinas, Alma´cigo The recovery plan for this species did species, including Eugenia Bajo, Punta Cucharas, and the Puerto not provide downlisting criteria woodburyana (USFWS 2011a, p. 35, Rico National Guard’s Camp Santiago in (USFWS 1998, entire). In 2019, the Service 2011b, p. 47). As part of an the municipality of Salinas. These areas Service published an amendment to the existing Service’s Cooperative Recovery collectively comprise approximately 14 original recovery plan, which amended Initiative project, a new fence was built percent of the currently known number the recovery criteria of this species by along the upper southeast and of adults and saplings of Eugenia establishing that Eugenia woodburyana southwest boundaries of La Tinaja Tract woodburyana. However, all these will be considered for delisting when to reduce the chances of habitat locations are subject to habitat the following criteria are met (USFWS modification from cattle grazing (mostly destruction or modification as described 2019, p. 4): (1) Threat reduction and trampling, which damages the species, below in the section of biological status management activities have been erodes soil, and opens up space to and threats, making the species implemented to a degree that the invasive plant species), and allowing for vulnerable to habitat encroachment or species will remain viable into the the recovery of native vegetation. even extirpation.

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Therefore, we do not consider that Similar to Sierra Bermeja, the E. sustainability of the species and will threats reduction and management woodburyana population in the GCF is help it withstand stochastic events (e.g., activities at Finca Marı´a Luisa, Finca mostly found in drainages dominated by severe droughts). Nonetheless, similar Lozada, Montes de Barinas, Alma´cigo native forest vegetation, which provides efforts need to be initiated at the GCF, Bajo, Punta Cucharas, and the Puerto adequate habitat conditions (i.e., Montes de Barinas, Punta Cucharas, and Rico National Guard’s Camp Santiago humidity) for the establishment of Alma´cigo Bajo to improve the species’ have been implemented to a degree that seedlings and saplings. However, there status and secure its representation. these Eugenia woodburyana is little information about the ability of Based on the available information, subpopulations are viable into the E. woodburyana to survive stochastic despite the threats (e.g., cattle grazing, foreseeable future. events such as landslides and heavy fence posts harvesting) impacting the We look forward to improving sediment runoff, particularly in these Alma´cigo Bajo population it is probably implementation of management drainages. There is evidence of impacts the closest to fulfilling this recovery practices (e.g., firebreaks, fencing, and on seedlings (e.g., uprooting, covered by criterion due to its relatively large reforestation) throughout the species’ sediment) of other species that share number of individuals, multiple age range, and to working with partners to habitat with E. woodburyana at the GCF classes, and geographic location. continue monitoring Eugenia due to runoff and sediments resulting Therefore, efforts should be directed woodburyana and to survey suitable from hurricane Marı´a in September, towards designing and implementing unexplored habitat in the forest in 2017 (Monsegur-Rivera 2018, pers. obs.). land conservation measures to address search for this species. We are also Hence, seedlings of E. woodburyana can such threats at this site. In addition, the looking for opportunities to implement also suffer these same impacts. proximity of this population to suitable best management practices with private Moreover, although this population may and protected habitat in the SCF landowners to enhance habitat to not face the same threats as in Sierra provides favorable conditions for its establish additional E. woodburyana Bermeja because the habitat is natural expansion or for planting subpopulations. protected, its expansion outside additional individuals to assist its We are showing increased progress in drainages may be limited by the dry expansion. achieving Criterion 2 which requires climate of the forest as suggested for Criterion 3 is ongoing and requires the that existing populations show a stable other areas (e.g., Weaver and Chinea establishment of at least three new or increasing trend. The presence of 2003, p. 281). populations on lands protected by a The Alma´cigo Bajo population different size classes in three (i.e., Sierra conservation mechanism that show a appears to be relatively stable, with Bermeja, Alma´cigo Bajo, and GCF) out stable or increasing trend. Currently, the multiple age classes resulting from of the six existing Eugenia woodburyana Service and other partners have natural recruitment. The proportion of populations suggests certain degree of initiated the establishment of a new seedlings observed in Alma´cigo Bajo (38 stability, and that the species has been Eugenia woodburyana population at the percent) is higher than Sierra Bermeja CRNWR, where as of 2019, 191 E. resilient to past and current threats at (10.5 percent), and GCF (21 percent). these sites (e.g., unsustainable woodburyana individuals had been Despite the relatively disturbed nature planted (Envirosurvey 2020, p. 17). Here agricultural practices, grazing, fires, of this site, the population structure invasive plant species). However, when a drainage area was selected for planting may be the result of the mesic this and other federally listed species considering the population structure, understory conditions due to its that stability has not been fully (e.g., Ottoschulzia rhodoxylon; geographical location in the transition Envirosurvey 2020, p. 17). This habitat achieved. between the subtropical dry and moist For example, Sierra Bermeja is the is forested with native vegetation, has forest life zones (Ewel and Whitmore low intrusion of exotic grasses (e.g., largest known population, with 2,526 1973, pp. 25 and 72). individuals, including seedlings, but the Megathyrsus maximus), and provides In an effort to improve the conditions moisture that would facilitate the proportion of adults, saplings, and of existing populations of Eugenia seedlings is 75, 14.5, and 10.5 percent, establishment of seedlings. Also, the woodburyana, the Service, PRDNER, CRNWR maintains firebreaks along the respectively. Despite it being the largest and PLN have joint efforts to enhance or boundaries of the refuge, which help population, its structure is skewed augment the natural population of protect this site from human-induced towards adult individuals, with low Sierra Bermeja (i.e., La Tinaja Tract and fires. Two years of monitoring after frequency of saplings and seedlings neighboring private lands). La Tinaja planting have shown a survival rate (Envirosurvey 2020, pp. 51–52). Thus, it Tract was selected for planting based on greater than 96 percent (Envirosurvey is reasonable to expect a reduced its habitat suitability and reduced 2020, p. 17), demonstrating that the recruitment on this population, which threats of habitat modification proper selection of reintroduction sites can have negative implications for the (protected land), and human-induced is critical to maximize the survival of long-term viability of the species. The fires (existence of firebreaks), and to planted material. Further efforts are relative low frequency of seedlings and expand the natural subpopulation in saplings in this population may be the that area. Despite past disturbances at needed to establish two new self- result of former and ongoing habitat this site, mainly due to cattle grazing, sustainable populations within the modifications that have changed the the area has recovered after over two species’ range. microhabitat conditions favorable for decades of natural regeneration, as Regulatory and Analytical Framework Eugenia woodburyana (Envirosurvey evidenced by a robust natural 2020, p. 51–52). Under such habitat recruitment of native species (e.g., Regulatory Framework conditions it is unlikely the population Bucida buceras, Pisonia albida, E. spp.; Section 4 of the Act (16 U.S.C. 1533) can expand to adjacent native forest. In Envirosurvey 2017, p. 5). We estimate and its implementing regulations (50 fact, recruitment is limited to the close that a timeframe of 10–15 years is CFR part 424) set forth the procedures proximity of parental trees, which is needed for the planted individuals to for determining whether a species is an apparently driven by gravity in the reach reproductive size. Planting to ‘‘endangered species’’ or a ‘‘threatened drainages were the species is present augment the number of individuals of species.’’ The Act defines an (Morales-Pe´rez, 2013, p. 4). natural populations will ensure the self- endangered species as a species that is

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‘‘in danger of extinction throughout all conservation efforts. The Secretary modified or destroyed through or a significant portion of its range,’’ and determines whether the species meets deforestation mainly for agricultural a threatened species as a species that is the definition of an ‘‘endangered practices (i.e., cattle and goats grazing), ‘‘likely to become an endangered species’’ or a ‘‘threatened species’’ only and some urban development (i.e., species within the foreseeable future after conducting this cumulative construction of houses, and roads), thus throughout all or a significant portion of analysis and describing the expected affecting the species’ recruitment in its range.’’ The Act requires that we effect on the species now and in the those areas (USFWS 1998, p. 6). As determine whether any species is an foreseeable future. previously discussed, the Sierra Bermeja ‘‘endangered species’’ or a ‘‘threatened The Act does not define the term range comprises the core known natural species’’ because of any of the following ‘‘foreseeable future,’’ which appears in population of E. woodburyana, with factors: the statutory definition of ‘‘threatened about 82 percent of the currently known (A) The present or threatened species.’’ Our implementing regulations adults and saplings being found in this destruction, modification, or at 50 CFR 424.11(d) set forth a area. Most of this mountain range was curtailment of its habitat or range; framework for evaluating the foreseeable zoned by the Puerto Rico Planning (B) Overutilization for commercial, future on a case-by-case basis. The term Board as a District of Conservation of recreational, scientific, or educational foreseeable future extends only so far Resources and Rustic Soil Specially purposes; into the future as the Services can Protected, which has specific (C) Disease or predation; reasonably determine that both the restrictions on development activities in (D) The inadequacy of existing future threats and the species’ responses order to protect the natural resources of regulatory mechanisms; or to those threats are likely. In other the area (JPPR 2009, pp. 151–153). This (E) Other natural or manmade factors words, the foreseeable future is the zoning designation allows agricultural affecting its continued existence. period of time in which we can make These factors represent broad activities and construction of residential reliable predictions. ‘‘Reliable’’ does not development (JPPR 2009, p. 151; JPPR categories of natural or human-caused mean ‘‘certain’’; it means sufficient to actions or conditions that could have an 2015, pp. 118–129). Therefore, provide a reasonable degree of landowners continue to affect the effect on a species’ continued existence. confidence in the prediction. Thus, a In evaluating these actions and habitat through activities like cutting prediction is reliable if it is reasonable new access roads on their properties conditions, we look for those that may to depend on it when making decisions. have a negative effect on individuals of (Pacheco and Monsegur-Rivera 2017, It is not always possible or necessary pers. obs.). In addition, deforestation for the species, as well as other actions or to define foreseeable future as a conditions that may ameliorate any agricultural practices (e.g., conversion of particular number of years. Analysis of forested habitat to pasturelands) has led negative effects or may have positive the foreseeable future uses the best effects. to invasion of exotic species like guinea scientific and commercial data available grass (Megathyrsus maximus), thus We use the term ‘‘threat’’ to refer in and should consider the timeframes general to actions or conditions that are promoting favorable conditions for applicable to the relevant threats and to wildfires that further adversely affect E. known to or are reasonably likely to the species’ likely responses to those negatively affect individuals of a woodburyana habitat (Weaver and threats in view of its life-history Chinea 2003, p. 281). Also, cattle, species. The term ‘‘threat’’ includes characteristics. Data that are typically actions or conditions that have a direct horses, and goats graze all over the relevant to assessing the species’ Sierra Bermeja range, causing habitat impact on individuals (direct impacts), biological response include species- as well as those that affect individuals modification by making trails while specific factors such as lifespan, foraging on the slopes, which also through alteration of their habitat or reproductive rates or productivity, required resources (stressors). The term increases erosion (Morales-Pe´rez, 2013, certain behaviors, and other p. 4, Envirosurvey 2016, p. 9; Lange et ‘‘threat’’ may encompass—either demographic factors. together or separately—the source of the al. 2017, p. 4; Envirosurvey 2020, p. 49). action or condition or the action or Analytical Framework Cattle grazing has resulted in direct condition itself. The 5-year review (USFWS 2017) impacts to E. woodburyana due to However, the mere identification of documents the results of our predation and trampling of seedlings any threat(s) does not necessarily mean comprehensive biological status review (Lange et al. 2017, p. 4). In fact, cattle that the species meets the statutory for the species, including an assessment trails were observed through a patch of ´ definition of an ‘‘endangered species’’ or of the potential threats to the species. E. woodburyana at Finca Marıa Luisa, a ‘‘threatened species.’’ In determining The following is a summary of the key and at La Tinaja Tract horses trampled whether a species meets either results and conclusions from the 5-year several planted individuals of the ´ definition, we must evaluate all review and information gathered since species (Morales-Perez 2013, p. 7; identified threats by considering the that time. The 5-year review can be Envirosurvey 2016, p. 8). Such impacts expected response by the species, and found at Docket FWS–R4–ES–2019– (e.g., trampling and predation) from the effects of the threats—in light of 0070 on http://www.regulations.gov. livestock is likely one of the reasons for those actions and conditions that will the low number of seedlings of E. ameliorate the threats—on an Summary of Biological Status and woodburyana in Sierra Bermeja individual, population, and species Threats (Envirosurvey 2020, p. 49). level. We evaluate each threat and its Habitat destruction and modification Currently, two of the four expected effects on the species, then (Factor A) were identified as factors subpopulations in Sierra Bermeja are analyze the cumulative effect of all of affecting the continued existence of protected since they occur on lands the threats on the species as a whole. Eugenia woodburyana when it was managed for conservation (i.e., La Tinaja We also consider the cumulative effect listed in 1994 (59 FR 46715, September Tract and El Conuco), representing of the threats in light of those actions 9, 1994). The suitable habitat for E. approximately 43 percent of all known and conditions that will have positive woodburyana on privately owned lands adults and saplings. The remaining two effects on the species—such as any at mid elevations and gentle slopes in subpopulations (i.e., Finca Marı´a Luisa existing regulatory mechanisms or Sierra Bermeja had been largely and Finca Lozada) represent about 39

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percent of all known adults and The Eugenia woodburyana population Melones area remains in secondary saplings, and are subject to habitat at Alma´cigo Bajo Ward in Yauco is forest, and the area is under potential destruction and modification for located in a small forested drainage in development pressure from two agricultural practices, which most likely a parcel of land used for cattle grazing, projects: Bahı´a de Campomar and Monte has eliminated some Eugenia and adjacent to an abandoned quarry Carlo Resort-Boquero´n Bay Villas woodburyana individuals (USFWS (USFWS 2017, p. 19). Approximately 80 (USFWS 2017, p. 18). These two 2017, p. 18). Based on a comparison of percent of the property was cleared of projects could affect approximately 510 a recent aerial photograph (2019) of this vegetation and its surroundings are acres (206.4 ha) of suitable habitat that area, habitat modification through under pressure by agricultural and could harbor undetected E. bulldozing has occurred within the area urban development (USFWS 2017, p. woodburyana individuals. Both projects identified for conservation in the 19). Also, the reactivation of the quarry were proposed more than 10 years ago conservation easement of Finca Marı´a could negatively affect this population, and have not been developed; however, Luisa (Monsegur-Rivera 2019, pers. obs.; which is less than 50 meters (164 ft) we have no information indicating that PLN 2013, p. 56). In addition to direct away in an adjacent natural drainage by development plans were abandoned. impacts to the species, bulldozing further modifying the habitat or by Human-induced fires have been results in habitat fragmentation and direct impacts to the species (USFWS documented in Eugenia woodburyana degradation that change the 2017, p. 19). In 2008, 72 seedlings and habitat, and were considered a threat to microhabitat conditions needed for the saplings of E. woodburyana were found the species when listed (59 FR 46715, successful recruitment of E. in a human-made ditch located September 9, 1994; USFWS 2017, p. 23). woodburyana. It also facilitates the approximately 45 meters (148 ft) Fires are not a natural event in the invasion of exotic plant species such as downhill of the Alma´cigo Bajo subtropical dry forests in Puerto Rico, guinea grass (Megathyrsus maximus) population (USFWS 2017, p. 19). A total and the native vegetation in the that compete with E. woodburyana and of 46 saplings from this area were Caribbean is not adapted to this type of promote favorable conditions for transplanted into the SCF to avoid being disturbance (Brandeis and Woodall wildfires. impacted by a project from the Puerto 2008, p. 557; Santiago-Garcı´a et al. The Eugenia woodburyana Rico Aqueduct and Sewage Authority 2008, p. 604). Human-induced fires populations at Punta Cucharas, Montes (USFWS 2017, p. 11). The latest account could modify the landscape by ´ de Barinas, and Almacigo Bajo occur in of the success of the transplanting effort promoting the establishment of exotic privately owned lands that are indicates that only 11 individuals trees and grasses, and by diminishing vulnerable to habitat modification. For survived, but appeared to be in good the seed bank of native species example, the habitat in the condition (USFWS 2017, p. 11). Habitat (Brandeis and Woodall 2008, p. 557). municipalities of Pen˜ uelas and Ponce, modification and adverse impacts to E. For example, the exotic guinea grass is including the area of Punta Cucharas, woodburyana individuals also have well adapted to fires and typically has been severely fragmented by urban been documented as a result of colonizes areas previously covered by development (79 FR 53303, September extraction of fence posts from this site native vegetation before a fire event. 9, 2014). In this area, the species occurs (Monsegur-Rivera 2011–2017, pers. Furthermore, the presence of guinea in at least three forested drainages obs.). The recently discovered site at grass and other grass species increases located just north and close to highway Camp Santiago in Salinas is owned by the amount of fuel, hence the intensity PR 2, or adjacent to the right of way of the Puerto Rico National Guard of the fires. Seedling mortality after fires a power line from the Puerto Rico (Acevedo-Rodriguez 2014, p. 15). The Electric and Power Authority. Urban is related to the differences in fuel loads areas covered by vegetation at this camp development has expanded north of and different fire intensities (Santiago- are frequently impacted by human- ´ highway PR 2, modifying the suitable Garcıa et al. 2008, p. 607). induced fires, which compromise the habitat for the species (USFWS 2017, p. Eugenia woodburyana populations survival of E. woodburyana (Acevedo- 20). On October 4, 2011, areas that occur on the driest region of Puerto Rico Rodriguez 2014, p. 15). According to harbored E. woodburyana individuals at where fires are sometimes ignited Acevedo-Rodriguez (2014, p. 2), the Puerto Galexda (Ponce-Pen˜ uelas) were accidentally or deliberately, particularly predominant vegetation type are bulldozed, and some individuals were during the dry season. Human-induced grasslands dominated by guinea grass, gone (USFWS 2017, p. 20). We observed fires are a current threat to this and that sediment runoff from adjacent which are maintained by human- other native vegetation in Sierra urban development was covering the induced fires and grazing animals. Bermeja, Alma´cigo Bajo, Punta bottom of the drainage and likely The area of Pen˜ ones de Melones in Cucharas, and Camp Santiago in Salinas precluding the recruitment of E. Cabo Rojo is the only historical site for (Envirosurvey 2020, p. 52). For example, woodburyana seedlings as the sediment which the Service has strong evidence the lowlands and gentle slopes of Sierra buries the small plants and seeds that Eugenia woodburyana was Bermeja are subject to human-induced (USFWS 2011, p. 3). extirpated. In 1996, an estimate of about fires on a yearly basis, encroaching on In Montes de Barinas, Eugenia 20 individuals of E. woodburyana was E. woodburyana and other native woodburyana occurs on private provided for this area (Breckon 1996, vegetation in this habitat (Monsegur- properties subject to urban unpublished data). Approximately 80 Rivera 2009–2019, pers. obs.; development, resulting in the percent of the suitable habitat for this Envirosurvey 2020, p. 46). In May 2019, encroachment of native dry forest areas, species in Pen˜ ones de Melones has been a large wildfire extended from the and thus in the isolation and possible impacted by residential and tourist southern lowlands of Sierra Bermeja to extirpation of E. woodburyana development, and by agricultural the upper forested hills into El Conuco, individuals. These areas also are practices such as livestock grazing affecting an undetermined number of threatened by deforestation for cattle (USFWS 2017, p. 18). These practices individuals of E. woodburyana, grazing and for the extraction of fence have resulted in habitat modification encroaching suitable habitat of the posts (Roma´n-Guzma´n 2006, pp. 1–2; and degradation, soil erosion, and the species (Envirosurvey 2020, p. 52). In La Monsegur-Rivera 2005, pers. obs.; 79 FR extirpation of E. woodburyana. Only Tinaja Tract, LCNWR staff maintains 53303). about 20 percent of the Pen˜ ones de firebreaks on the lower slopes, reducing

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the chance of fires reaching the upper vulnerability of the area to fires as Commonwealth’s list of protected part of the tract. explained above. species. Thus, Federal listing assured Fires also have occurred in Eugenia Based on the above information we the addition of E. woodburyana as woodburyana habitat in Punta Cucharas, believe that human-induced fires and endangered to the Commonwealth’s list between the municipalities of Ponce invasive plants are a threat to Eugenia of protected species (DRNA 2004, p. 52). and Pen˜ uelas. Habitat disturbance due woodburyana, particularly to those Presently, Eugenia woodburyana is to urban development and the populations extending into private legally protected under expansion of highway PR 2 in this area lands where habitat modifications and Commonwealth’s Law No. 241–1999 (12 has promoted the establishment of human-induced fires commonly occur. L.P.R.A. Sec. 107), known as Nueva Ley guinea grass, resulting in favorable In summary, at present the Eugenia de Vida Silvestre de Puerto Rico (New conditions for the occurrence of human- woodburyana population at the GCF Wildlife Law of Puerto Rico). The induced fires in the proximity of E. occurs within an area managed for purpose of this law is to protect, woodburyana (Monsegur-Rivera 2011 conservation, and thus it is not subject conserve, and enhance both native and and 2013, pers. obs.). Camp Santiago is to habitat destruction and modification. migratory wildlife species; declare another area where fires have been The Sierra Bermeja population is the property of Puerto Rico all wildlife identified as a threat to E. woodburyana largest, and is partially protected as part species within its jurisdiction; and due to anthropogenic disturbance of the individuals occur either in regulate permits, hunting activities, and (Acevedo-Rodrı´guez 2014, p. 15), and Federal (i.e., La Tinja Tract-LCNWR) or exotic species, among other activities. fires occur in the proximity of E. private lands managed for conservation This law also has provisions to protect woodburyana basically on a yearly basis (i.e., El Conuco). The remaining four habitat for all wildlife species, including (Monsegur-Rivera 2009–2018, pers. populations (i.e., Alma´cigo Bajo, Montes plants. In 2004, the PRDNER approved obs.). de Barinas, and Punta Cucharas and Regulation 6766 or Reglamento para At the GCF, Eugenia woodburyana Camp Santiago) occur on private and Regir el Manejo de las Especies seems to be protected from fires as the State lands currently threatened by Vulnerables y en Peligro de Extincio´ n en species mostly occurs in mesic (humid) habitat destruction and modification el Estado Libre Asociado de Puerto Rico drainages dominated by native forested (e.g., urban development, vegetation (Regulation 6766: To govern the vegetation where the risk of fires is low clearing, road construction, grazing and management of threatened and (Monsegur-Rivera 2011, pers. obs.). trampling by cattle, horses, and goats, endangered species in the Nonnative plant species are another and military maneuvers (i.e., Camp Commonwealth of Puerto Rico). Article threat to Eugenia woodburyana. Some Santiago)). Losing these populations 2.06 of Regulation 6766 prohibits nonnative plants can be very aggressive would result in a reduction of the collecting, cutting, and removing, and compete with native species for genetic representation and redundancy among other activities, listed plant sunlight, nutrients, water, and ground of the species. In addition, human- individuals within the jurisdiction of cover (79 FR 53309, September 9, 2014). induced fires and invasive species are Puerto Rico (DRNA 2004, p. 11). The In fact, the impacts of invasive species considered as further stressors to the provisions of Law No. 241 and are among the greatest threat to the viability of E. woodburyana. Human- Regulation 6766 extend to private lands. persistence of native rare species and induced fires have been documented in As for the individuals found at the their habitat (Thomson 2005, p. 615). E. woodburyana habitat, particularly on GCF, this area is protected under Law The exotic tree Leucaena leucocephala private lands where no fire management No. 133–1975 (12 L.P.R.A. Sec. 191), can remain as a dominant canopy practices are implemented, and have the known as Ley de Bosques de Puerto Rico species for at least 80 years (Wolfe 2009, potential to adversely affect the species. (Puerto Rico Forests’ Law), as amended p. 2). Other exotic species like guinea Invasive species can preclude the in 2000 (12 L.P.R.A. Sec. 191b). Section grass are known to colonize habitat and establishment of E. woodburyana as 8(a) of this law prohibits cutting, killing, suppress native vegetation (Rojas- they are very successful competing for destroying, uprooting, extracting, or in Sandoval and Mele´ndez-Ackerman sunlight, nutrients, water, and ground any way hurting any tree or vegetation 2013, p. 489). Both L. leucocephala and cover. Establishment of invasive species within a Commonwealth forest (12 guinea grass are fire-adapted species is facilitated by disturbances caused by L.P.R.A. Sec. 191f). The PRDNER also that have widely colonized Eugenia fires and habitat modification. identified the GCF as a Critical Wildlife woodburyana habitat and outcompete Fortunately there are E. woodburyana Area (CWA). The CWA designation native vegetation (Monsegur-Rivera subpopulations in protected areas constitutes a special recognition by the 2018, pers. obs.; Envirosurvey 2020, p. dominated by native forest vegetation Commonwealth with the purpose of 46). In addition, some exotic plants that does not facilitate the invasion of providing information to create favorable conditions for fires, as exotic plant species. However, in lands Commonwealth and Federal agencies in Camp Santiago in Salinas where where habitat modification activities do about the conservation needs of these degraded habitat is dominated by guinea occur, invasive plant species colonize areas, and to assist permitting agencies grass, threatening E. woodburyana and make the habitat unsuitable for E. in precluding adverse impacts as a (Acevedo-Rodrı´guez 2014, p. 15). woodburyana, and also promote result of a project’s endorsements or As demonstrated by the research conditions for fires. permit approvals (PRDNER 2005, pp. conducted in the GCF, restoring In the final listing rule, we identified 211–216). degraded habitat to native vegetation the inadequacy of existing regulatory The LCNWR and CRNWR are may require decades, and in some cases, mechanisms (Factor D) as one of the managed in accordance with the such damage may be irreversible (Wolfe factors affecting the continued existence National Wildlife Refuge Improvement 2009, p. 2). Although the core Eugenia of Eugenia woodburyana. At that time, Act of 1997. Collection of plants is woodburyana individuals are found in the species had no legal protection prohibited per 50 CFR 27.51 as well as protected areas dominated by native because it had not been included in per the Endangered Species Act. forest vegetation rather than invasive Puerto Rico’s list of protected species. Additionally, the comprehensive species, the threat of invasive or exotic Once E. woodburyana was federally conservation plans for LCNWR and plant species intruding into E. listed, it triggered the addition of the CRNWR include measures for the woodburyana habitat persists due to the species as endangered to the protection and recovery of threatened

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and endangered species, including and largely in conservation land, so the damage to the root system Eugenia woodburyana, within these effects due to inadequacy of regulatory (Monsegur-Rivera, Service 2017, pers. Refuges (USFWS 2011a, p. 35; USFWS mechanisms has been reduced. obs.). 2011b, p. 47). However, the occurrences of this species As an endemic to the Caribbean, Although there are legal mechanisms on private land continue to need Eugenia woodburyana is adapted to in place for the protection of Eugenia enforcement, attention, and increased tropical storms and the prevailing woodburyana (e.g., laws, regulations, outreach to explain its importance. environmental conditions. However, the zoning), sometimes the enforcement of At the time of listing, the Service reduced number of populations, and the such mechanisms on private lands is considered small population size small numbers of individuals in some challenging (e.g., USFWS 2019, pp. 29– (Factor E) as a threat affecting the populations (e.g., Camp Santiago and 31). For example, accidental damage continued survival of Eugenia Montes de Barinas), make the species (e.g., by cutting, pruning, or mowing) or woodburyana (59 FR 46715, September more vulnerable to stochastic and even extirpation of E. woodburyana 9, 1994) based on species’ limited catastrophic events such as hurricanes. individuals may occur because private distribution (i.e., only three isolated Based on observations of the damage landowners may not be aware that it is populations known at that time) caused by hurricane Marı´a, small E. a protected species (e.g., fence posts coupled with low number of individuals woodburyana populations such as those harvesting in Alma´cigo Bajo (USFWS (i.e., only 45 individuals throughout the of the GCF, Montes de Barinas, Punta 2016, p. 8)). Another form of impact is species’ range). Information about the Cucharas, and Camp Santiago, may be from agriculture; for example, zoning distribution and abundance gathered extirpated if any of those areas is may restrict subdivision of lots and since this species was listed reflects that directly impacted by a category 4 or 5 dense urbanization in some areas where E. woodburyana is more abundant and hurricane that will cause high levels of the species is present, but may allow widely distributed than previously wind, knocking over trees or uprooting agricultural practices that can result in thought (USFWS 2017, entire). Thus, we them leading to stress or possible death. habitat modification that can affect E. no longer consider limited distribution Therefore, we believe hurricanes can be woodburyana. On the other hand, the and low population numbers as threats a threat to E. woodburyana, particularly knowledge of the natural range of E. to this species. Even though some of the to small populations dominated by woodburyana has increased since the known populations are small (e.g., adult reproductive individuals, as the time of listing. The species has been Montes de Barinas), there are other intensity and frequency of these natural recorded in new areas subject to populations with large numbers of disturbances is expected to increase due agriculture and urban development individuals (e.g., Sierra Bermeja), and to climate change (see Climate Change, (USFWS 2016, entire; USFWS 2017, pp. that show recruitment (e.g., Alma´cigo below). 18–21). In such cases, despite the Bajo), which with proper management Landslides and sediment runoff existence of regulatory mechanisms, will allow the species to persist into the associated with atmospheric habitat modification has occurred in future even if one of the very small disturbances may also pose a threat to these newly documented areas (e.g., populations is adversely affected. Eugenia woodburyana, particularly in Almacigo Bajo site; USFWS 2017, pp. Sierra Bermeja, GCF, Punta Cucharas, Hurricanes and Other Weather Events 18–21). and Alma´cigo Bajo (Morales-Pe´rez 2013, Outside of the protections provided (Factor E) pp. 5 and 12). At these locations, adult by the Act, as described above, the The islands of the Caribbean are mature individuals, as well as seedlings species is protected from collection and frequently affected by hurricanes. and saplings, are mostly found on provided management considerations by Puerto Rico has been hit by four major steeper slopes or along the bottom of the National Wildlife Refuge hurricanes in recent years: Hugo (1989), deep natural drainages (USFWS 2016, p. Improvement Act on two refuges. In Hortense (1996), Georges (1998), and 5). High rainfall associated with tropical addition, the Commonwealth of Puerto most recently, Marı´a (2017). storms and hurricanes may cause floods Rico legally protects Eugenia Successional responses to hurricanes that, in combination with steep woodburyana as an endangered species, can influence the structure and topography and highly erodible soils, including protections to its habitat, composition of plant communities in may lead to mass wasting events (e.g., through Commonwealth Law No. 241 the Caribbean islands (Van Bloem et al. land, mud, and debris slides; Lugo 2008, and Regulation 6766. If E. woodburyana 2003, p. 137; Van Bloem et al. 2005, p. p. 368). In fact, in September 2009, three is reclassified, we do not expect it to be 572; Van Bloem et al. 2006, p. 517; Lugo landslides resulting from heavy rains removed from legal protection by the 2000, p. 245). Examples of the visible were recorded in Sierra Bermeja Commonwealth. Although these effects of hurricanes on the ecosystem adjacent to the area where E. protections extend to both public and include massive defoliation, snapped woodburyana occurs (USFWS 2010, p. private lands, protection of this species and wind-thrown trees, large debris 16). Moreover, Envirosurvey (2020, p. on private land is challenging. Habitat accumulations, landslides, debris flows, 51) observed that runoff and erosion that occurs on private land is subject to and altered stream channels among exposed the roots of E. woodburyana in pressures like grazing and development. others (Lugo 2008, p. 368). Hurricanes Sierra Bermeja (Envirosurvey, p. 51). As Accidental damage or extirpation of can produce sudden and massive tree mentioned above, the Service has individuals has occurred due to lack of mortality, which varies among species, evidence of impacts to seedling awareness by private landowners or but average about 41.5 percent (Lugo recruitment by sediment runoff from other parties on the property (Roma´n- 2000, p. 245). Hence, small populations adjacent urban development in the area Guzma´n 2006, pp. 25–33; USFWS 2016, of Eugenia woodburyana may be of Punta Cucharas in Ponce (O. entire). Habitat modifications continue severely impacted by hurricanes, even Monsegur-Rivera and R. Gonza´lez, 2011, to occur on private lands, which can resulting in extirpation of relic p. 2). Events like this may be increase the chances of sediment runoff individuals. The recent hurricane Marı´a exacerbated by severe rains associated and human-induced fires (and caused defoliation and uprooting of with hurricanes or storms. Recent subsequent spread of nonnative some E. woodburyana individuals observations identified uprooted and vegetation). In short, this plant is now planted at the CRNWR, and even though buried seedlings of the endangered Palo more abundant and widely distributed none have died, they are stressed due to de Rosa (Ottoschulzia rhodoxylon) and

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Bariaco (Trichilia triacantha), which increases dramatically after mid- compared to adults (Monsegur-Rivera shares habitat with E. woodburyana in century, making projections beyond 20 2009–2018, pers. obs.; table 1), mesic the GCF, due to sediment runoff and to 30 years more uncertain (Khalyani et (humid) environmental conditions favor flooding events associated with al. 2016, p. 275). By mid-21st century, the natural recruitment of the species, hurricane Marı´a on September 20, 2017 Puerto Rico is predicted to be subject to contrasting with the low proportion of (Monsegur-Rivera 2018, pers. obs.). a decrease in rainfall, along with seedlings versus adult individuals of Similar observations have been recorded increase drought intensity (Khalyani et Sierra Bermeja (despite the partial from the area of Punta Cucharas, where al. 2016 p. 265, U.S. Global Change protection of the habitat), where overall seedlings of Bariaco were adversely Research Program (USGCRP) 2018, environmental conditions are drier. The affected by sediment runoff (USFWS 20:820). As precipitation decreases lowlands and valleys surrounding Sierra 2011, entire). There is little information influenced by warming, it will tend to Bermeja were covered by continuous about E. woodburyana’s ability to accelerate the hydrological cycles, forest, and these areas were deforested survive stochastic events like landslides resulting in wet and dry extremes for agriculture, thus changing the and heavy sediment runoff. However, (Jennings et al. 2014, p. 4; Cashman et microhabitat conditions and the the small size of some populations and al. 2010, p. 1). There are indications that moisture retention of the habitat, which the seedling establishment on moist the western region of Puerto Rico, where are the natural conditions in which E. drainages mean that events such as Eugenia woodburyana occurs, has woodburyana evolved. For example, the those mentioned may have adverse experienced negative trends in annual populations of E. woodburyana at El impacts on this species. rainfall (PRCC 2013, p. 7). Downscaled Conuco that are located on the south- facing slope and more disturbed sites, Effects of Climate Change (Factor E) general circulation models (GCMs) developed by Khalyani et al. (2016, p. show basically no recruitment when The Intergovernmental Panel on 275) predicted dramatic shifts in the life compared to the individuals of the same Climate Change (IPCC) concluded that zones of Puerto Rico with potential loss populations located on the north-facing evidence of warming of the climate of subtropical rain, moist, and wet slopes, which is a dense forested habitat system is unequivocal (IPCC 2014, p. 3). forest, and the appearance of tropical with moist conditions and less intrusion Observed effects associated with climate dry, and very dry forests are anticipated. by exotic species. change include widespread changes in This shift in life zones may result in Climate model simulations indicate precipitation amounts and aspects of potential species migration to higher an increase in global tropical cyclone extreme weather including droughts, elevations, however the extend of the intensity as well as an increase in the heavy precipitation, heat waves, and a species ability to redistribute will number of very intense tropical higher intensity of tropical cyclones depend on their dispersal capability and cyclones (USGCRP 2018, 2:8). Thus, it is (IPCC 2014, p. 4). Rather than assessing forest connectivity (Khalyani et al. 2019, expected that the Caribbean will climate change as a single threat in and p. 11). Subtropical dry forests are experience an increase in the amount of of itself, we examined the potential already subject to water deficit for ten precipitation and extreme winds consequences to the species viability months of the year and are expected to produced during hurricane events and its habitat that arises from changes become drier in the future, particularly (Herrera et al. 2018, p. 1). Hurricanes, in environmental conditions associated in the Caribbean where oceans have a followed by extended periods of with various aspects of climate change. largest influence on local precipitation, drought caused by climate change, may Based on what it is known about the result in changes to microclimate that climate models consistently project distribution of Eugenia woodburyana could allow other highly adaptive significant drying by the middle of the and the habitat where it is more invasive species to get established and century (Miller and Lugo 2009, p. 86, abundant (i.e., steep slopes and bottom become harmful to the system (Lugo USGCRP 2018, 20:820). For example, of deep natural drainages), we believe 2000, p. 246, Hopkinson et al. 2008, p. droughts may compromise seedling climate change can have adverse effects 255, IPCC report 2018, p. 244). In fact, recruitment as it may reduce seed on this species, particularly in its as stated above, species like the exotic viability and result in increased natural recruitment, hence populations guinea grass can colonize and spread seedling mortality. We have already expansion. into Eugenia woodburyana habitat after seen a low proportion of E. We examined a downscaled model for a disturbance, increasing fire propensity Puerto Rico based on three IPCC global woodburyana seedlings and saplings at and altering microclimate and nutrient emissions scenarios from the CMIP3 lower elevations and outside drainages cycling of the habitat on which this data set: Mid-high (A2), mid-low (A1B), in areas like Sierra Bermeja and Punta species depends. Additionally, and low (B1) as the CMIP5 data set was Cucharas that are probably associated increased heavy precipitation can not available for Puerto Rico at that time with anthropogenic impacts (e.g., augment the probability of landslides (Khalyani et al. 2016, pp. 267 and 279– human-induced fires, habitat and sediment runoff in those steep areas 280). These scenarios are generally modification). The inability of E. where E. woodburyana is abundant and comparable and span the more recent woodburyana to migrate to moister severely affect the species (Morales- representative concentration pathways habitats due to low seed dispersal Pe´rez 2013, pp. 5 and 12). In general, (RCP) scenarios from RCP4.5 (B1) to capability and the lack of forest the increasing hurricane intensity and RCP8.5 (A2) (IPCC 2014, p. 57). Under connectivity would reduce its survival. frequency, coupled with E. all these scenarios, emissions increase, Prolonged droughts can exacerbate woodburyana showing reduced precipitation declines, and temperature those anthropogenic impacts by populations, low number of individuals and total dry days increase, resulting in changing the microclimate conditions in most populations, low recruitment extreme drought conditions that would (i.e., temperature and soil moisture rate, and habitat degradation and result in the conversion of sub-tropical retention) favorable for the fragmentation, is likely to have adverse dry forest into dry, and very dry forest establishment of seedlings, hence consequences for this species and its (Khalyani et al. 2016, p. 280). reducing the recruitment of Eugenia habitat. Modeling shows dramatic changes to woodburyana. In Alma´cigo Bajo, where As stated above, projected climate Puerto Rico through 2100, the the Service has recorded a high conditions will likely have direct or at divergence in these projections proportion of seedlings and saplings least indirect adverse effects on Eugenia

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woodburyana and its habitat. Some drought may result in changes in although adult individuals have general patterns associated with forest microclimate conditions that can favor overcome stochastic events such as ecosystems in Puerto Rico (PRCC 2013, the establishment invasive species that droughts, seedlings are susceptible to p. 14), and that can be reflected on E. can compete with E. woodburyana. the effects of droughts and habitat woodburyana are as follows: Increased Additionally, increased heavy modification, which can affect the seasonality in precipitation and precipitation during hurricanes can recruitment and long-term viability of E. decreased soil moisture availability will produce landslides and sediment runoff woodburyana. alter flowering and fruiting patterns, in steep areas where E. woodburyana Currently, three (i.e., Sierra Bermeja, affecting seedlings germination and occurs, affecting its survival and GCF, and Alma´cigo Bajo) of the six survival, which will result in changes in recruitment (Morales-Pe´rez 2013, pp. 5 known Eugenia woodburyana forest’s species composition, structure, and 12; Envirosurvey 2020, p. 51). populations show some degree of and ecological functions. Also, an Moreover, extreme wind events may natural recruitment. The observed increment in intense storms will result in the direct mortality of resiliency of the species may have been increase disturbance, hence, will cause individuals and extirpation of small achieved by the availability of suitable changes in plant successional direction populations (e.g., Montes de Barinas habitat where some of the and biomass, leading to novel and Salinas). Overall, the effects of a subpopulations are found, which have communities (likely dominated by changing climate on E. woodburyana allowed some recruitment. Thus, in exotic plant species). can be exacerbated by its reduced order to maintain and improve such Despite the evidence that some number of populations, low number of resiliency, habitat protection and terrestrial plant populations have the individuals in most populations, and enhancement to increase connectivity ability to adapt and respond to changing habitat degradation and fragmentation, between subpopulations are important climatic conditions (Franks et al. 2013, which can affect the viability of the to maximize the likelihood of entire), a sound long-term monitoring of species into the future. crosspollination and gene flow, and to known Eugenia woodburyana increase fruit production, viable seeds, populations is needed to determine Overall Summary of Factors Affecting Eugenia woodburyana and the chances of natural recruitment. whether this species will have the In addition, in order to secure the long- We have carefully assessed the best ability to cope with the stressors term resiliency of E. woodburyana, scientific and commercial information indicated above and adapt to such remaining small and isolated available regarding the threats faced by changes. populations (i.e., Monte Barinas, Punta In summary, the limited distribution Eugenia woodburyana in developing Cucharas, and Camp Santiago) need to and low number of individuals were this proposed rule. Based on the be enhanced and protected. considered a threat to Eugenia analysis above, even though we no woodburyana when listed. Recent longer consider limited distribution as a In terms of the representation of information indicates the species is threat to this species, we believe that Eugenia woodburyana, we have no data more abundant and widely distributed habitat destruction and modification on its genetic variability. This species than previously thought. Currently, (e.g., forest conversion into occurs in a wide range of habitats and other natural and manmade factors, pasturelands) on privately owned lands, environmental conditions, suggesting such as hurricanes and climate change and other factors such as human- that the species was widely distributed are considered stressors to E. induced fires, livestock, invasive plant in the past and it may have an ample woodburyana. species, hurricanes, and climate change genetic plasticity that would allow the Hurricanes can result in massive (droughts), continue to threaten E. species to adapt to different habitat and mortality of trees, and particularly can woodburyana populations despite these environmental changes. However, affect or even extirpate small threats being reduced in some areas. although the E. woodburyana is still populations of Eugenia woodburyana. Species viability, or its ability to thriving in these environments, its Hurricane Marı´a caused defoliation and survive long term, is related to the representation basically relies on the uprooting of E. woodburyana species’ ability to withstand genetic contribution of only two individuals at the CRNWR (Monsegur- catastrophic population and species- populations—Sierra Bermeja and GCF— Rivera 2017, pers. obs.). Stochastic level events (redundancy), to adapt to as a result of the connectivity among events, such as landslides and heavy changing environmental conditions subpopulations in these two areas. The sediment runoff, particularly caused by (representation), and to withstand remaining four populations are isolated, hurricanes, also can threaten E. disturbances of varying magnitude and with only a very few individuals and woodburyana because of the occurrence duration (resiliency). The viability of a lack of recruitment, except for the of core populations of this species in species is also dependent on the Alma´cigo Bajo population. However, steep areas in Sierra Bermeja where likelihood of new stressors or continued this population occurs on a private land landslides have been documented near threats now and in the future that act to adjacent to a former quarry and where them. reduce a species’ redundancy, harvesting of E. woodburyana and other Also, it is expected that Eugenia representation, and resiliency. species for fence posts has been woodburyana will be affected by Redundancy of populations is needed to documented (USFWS 2017, p. 19). The changes in climatic conditions. Effects provide a margin of safety for a species loss or reduction of the Alma´cigo Bajo associated with climate change include to withstand catastrophic events. population would represent an droughts, heavy precipitation, and We further evaluated the biological important impact to the species’ intense tropical storms and hurricanes. status of this species both currently and conservation due to its higher For E. woodburyana, a reduction in into the future, considering the species’ recruitment rate, and its presumed precipitation in a subtropical dry forest viability as characterized by its genetic uniqueness as it is the only one where precipitation is already reduced, resiliency, redundancy, and occurring within the subtropical moist compromise its phenology, seed representation (i.e., 3Rs). Eugenia forest life zone. Three of the known viability, seedling recruitment, and woodburyana has demonstrated to be populations are small in numbers, seedling survival. Intense hurricanes, resilient to both natural and isolated, and not effectively followed by extended periods of anthropogenic disturbances. However, reproducing. Therefore, we believe the

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overall representation of E. to understand how populations have Status Throughout All of Its Range woodburyana is low to moderate. performed in that period. After evaluating threats to the species We consider that Eugenia This time period includes multiple and assessing the cumulative effect of woodburyana’s redundancy has generations of the species and allows the threats under the section 4(a)(1) increased since listing, but remains low adequate time for impacts from factors, we carefully examined the best to moderate as it is only known from six conservation efforts or changes in scientific and commercial information populations throughout its geographical threats to be observed through available regarding the past, present, range. Moreover, three of these population responses. For example, this and future threats faced by this plant. populations—Montes de Barinas (1 timeframe accounts for the species We reviewed the information available individual), Punta Cucharas (30 reproductive biology, and thus the time in our files and other available individuals), and Camp Santiago (1 required by an individual plant of E. published and unpublished individual)—are very small with no woodburyana to reach a reproductive information, and we consulted with current evidence of natural recruitment, size and effectively contribute to the recognized experts and State agencies. making them more vulnerable to In considering factors that might catastrophic and stochastic events such next generations. It accounts for reaching maturity, the probability of constitute threats to a species, we must as human-induced fires, hurricanes, and look beyond the exposure of the species flowering, effective crosspollination, droughts, which affect seedling to a factor to evaluate whether it setting viable fruits, seed germination, establishment (Acevedo-Rodrı´guez responds to the factor in a way that and seedling survival and 2014, p. 15). In fact, E. woodburyana has causes impacts to the species or is likely not been observed naturally expanding establishment, considering to cause impacts in the future. If a or colonizing into degraded habitat environmental stochastic events such as species responds negatively to such outside the areas where it is known to drought. Furthermore, the established exposure, the factor may be a threat and, occur, particularly where the largest timeframe provides for the design and during the status review, our aim is to populations are found (i.e., Sierra implementation of conservation determine whether impacts are or will Bermeja, GCF, and Alma´cigo Bajo). The strategies to protect and enhance be of an intensity or magnitude to place populations on Montes de Barinas and currently known populations. It also the species at risk. The factor is a threat Camp Santiago are the most vulnerable accounts for the continued collaborating if it drives, or contributes to, the risk of to extirpation if not managed and with partners (e.g., PRDNER and PLN) extinction of the species such that the enhanced. The loss of the Montes de to implement effective propagation and species warrants listing as an Barinas, Punta Cucharas, and Camp reintroduction of E. woodburyana, and endangered or threatened species as Santiago individuals (the easternmost to implement best management those terms are defined by the Act. This populations) will reduce the practices to reduce impacts from does not necessarily require empirical redundancy of the species. agricultural practices that will reduce proof of a threat. The combination of Although population numbers and incidence of human-induced fires and exposure and some corroborating abundance of Eugenia woodburyana will promote habitat connectivity until evidence of how the species is likely have increased, and some identified such time as we find it no longer affected could suffice. In sum, the mere threats have decreased, our analysis requires protections under the Act. identification of factors that could affect indicates that, because of the remaining a species negatively is not sufficient to threats and stressors, the species Determination of Eugenia compel a finding that listing is remains likely to become in danger of woodburyana Status appropriate; we require evidence that extinction in the foreseeable future Section 4 of the Act (16 U.S.C. 1533), these factors act on the species to the throughout all of its range. Based on and its implementing regulations at 50 point that the species meets the biological factors and stressors to the definition of an endangered or CFR part 424, set forth the procedures species viability, we consider 30 years threatened species. for determining whether a species meets to be the foreseeable future within At the time of listing, the known the definition of ‘‘endangered species’’ which we can reasonably determine the range of Eugenia woodburyana identified threats and the species or ‘‘threatened species.’’ The Act defines consisted of 45 individuals distributed response to those threats is likely. The an ‘‘endangered species’’ as a species along 3 localities in southwestern foreseeable future for the individual that is ‘‘in danger of extinction Puerto Rico. The most serious threats to threats vary. Projections out to the year throughout all or a significant portion of such a small number of individuals 2100 show increases in temperature and its range,’’ and a ‘‘threatened species’’ as were habitat destruction and decreases in precipitation (Khalyani et a species that is ‘‘likely to become an modification, inadequacy of existing al. 2016, pp. 274–275). However, endangered in the foreseeable future regulatory mechanisms, and limited divergence in temperature and throughout all or a significant portion of distribution. Currently, E. woodburyana precipitation projections increases its range.’’ The Act requires that we exists across a broader geographic range dramatically after mid-century, determine whether a species meets the in six populations composed of several depending on the scenario (Khalyani et definition of ‘‘endangered species’’ or sub-populations. Increased survey al. 2016, p. 275), making projections ‘‘threatened species’’ because of any of efforts and implementation of recovery beyond 20 to 30 years uncertain. the following factors: (A) The present or actions have resulted in more occupied Therefore, our ability to predict threatened destruction, modification, or habitat identified, leaving open the stressors associated with climate change curtailment of its habitat or range; (B) potential of finding even more E. is reduced beyond mid-century. Thus, Overutilization for commercial, woodburyana individuals. Protection the 30-years foreseeable future we are recreational, scientific, or educational under the Act, and Commonwealth laws proposing, would account for the effects purposes; (C) Disease or predation; (D) and regulations has reduced the of predicted changes in temperature, life The inadequacy of existing regulatory unauthorized take, although accidental zone’s shifting, and increasing droughts. mechanisms; or (E) Other natural or damage to the species has occurred due Additionally, the species has been listed manmade factors affecting its continued to lack of knowledge of the species by for over 25 years, so we have a baseline existence. private landowners. Also, about 47

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percent of the total known natural likely to become so in the foreseeable affected by changes in climatic adults and saplings are found on future throughout all or a significant conditions as suggested by downscaled Federal, Commonwealth, and private portion of its range. The court in Center models developed for Puerto Rico, lands managed for conservation and for Biological Diversity v. Everson, 2020 particularly by generalized changes in where the species is protected. WL 437289 (D.D.C. Jan. 28, 2020) precipitation and drought conditions, However, although now known to be (Everson), vacated the aspect of the 2014 and shifting of life zones in the Island. more widespread and abundant than Significant Portion of its Range Policy In fact, climate change is expected to previously thought, the other 53 percent that provided that the Services do not result in more intense hurricanes and of known adult and saplings occur on undertake an analysis of significant extended periods of droughts that can lands where they are threatened by portions of a species’ range if the be exacerbated by a reduced number of habitat destruction and modification species warrants listing as threatened populations, low number of individuals (e.g., conversion of forested habitat into throughout all of its range. Therefore, in most populations, and habitat pasturelands, grazing by cattle, horses, we proceed to evaluating whether the degradation and fragmentation. and goats, and urban development). In species is endangered in a significant Narrow endemics are generally more addition, recent information indicates portion of its range—that is, whether likely to experience the same kinds and that threats from invasive species, there is any portion of the species’ range levels of threats in all parts of their human-induced fires, droughts, for which both (1) the portion is ranges, and thus, no portion would hurricanes, landslides, and sediment significant; and, (2) the species is in likely have an increased level of threats runoff are currently acting upon danger of extinction in that portion. and, accordingly, a different status. Eugenia woodburyana. Some of these Depending on the case, it might be more Here, we found no concentration of threats could be more severe for the efficient for us to address the threats in any portion of E. populations on lands where, for ‘‘significance’’ question or the ‘‘status’’ woodburyana’s range at a biologically example, there are no fire management question first. We can choose to address meaningful scale. Thus, there are no prevention practices implemented, either question first. Regardless of portions of the species’ range where the making the species more vulnerable to which question we address first, if we species has a different status from its impacts. reach a negative answer with respect to rangewide status. Therefore, no portion We have determined that the the first question that we address, we do of the species’ range provides a basis for previously recognized impacts to not need to evaluate the other question determining that the species is in danger Eugenia woodburyana from inadequacy for that portion of the species’ range. of extinction in a significant portion of of existing regulatory mechanisms that Following the court’s holding in its range, and we determine that the occurred prior to listing by the Everson, we now consider whether there species is likely to become in danger of Commonwealth of Puerto Rico has been are any significant portions of the extinction within the foreseeable future reduced and limited distribution is no species’ range where the species is in throughout all of its range. This is longer impacting E. woodburyana. In danger of extinction now (i.e., consistent with the courts’ holdings in summary, there continues to be concern endangered). In undertaking this Desert Survivors v. Department of the about present or threatened destruction, analysis for Eugenia woodburyana, we Interior, No. 16–cv–01165–JCS, 2018 modification, or curtailment of its choose to address the status question WL 4053447 (N.D. Cal. Aug. 24, 2018), habitat or range (specifically, conversion first—we consider information and Center for Biological Diversity v. of forested land into pasturelands, pertaining to the geographic distribution Jewell, 248 F. Supp. 3d, 946, 959 (D. grazing by cattle, horses, and goats, and of both the species and the threats that Ariz. 2017). urban development); and other natural the species faces to identify any or manmade factors affecting its portions of the range where the species Determination of Status continued existence (specifically, is endangered. Our review of the best available invasive species, human-induced fires, For Eugenia woodburyana, we scientific and commercial information droughts, hurricanes, landslides, and considered whether the threats are indicates that the Eugenia woodburyana sediment runoff) throughout the range geographically concentrated in any meets the definition of a threatened of E. woodburyana, particularly for portion of the species’ range at a species. Therefore, we propose to those populations on private lands. The biologically meaningful scale. We reclassify E. woodburyana as a existing regulatory mechanisms are not examined the following threats: Habitat threatened species in accordance with adequate to address these threats at this destruction and modification sections 3(20) and 4(a)(1) of the Act. time. The species is not affected by (particularly by urban development, and stressors related to over collection, and grazing by cattle, horses, and goats); Available Conservation Measures disease and predation. Still, none of human-induced fires; invasive species; Conservation measures provided to these is an imminent threat or at a hurricanes, lands slides and sediment species listed as endangered or magnitude such that the taxon warrants runoff; and the effects of climate change threatened under the Act include endangered status across its range. (e.g., prolonged droughts and expected recognition, recovery actions, Thus, after assessing the best available shits of life zones). As discussed above, requirements for Federal protection, and information, we conclude that E. these threats are acting upon the species prohibitions against certain practices. woodburyana is not currently in danger across its range. We have identified that The Act encourages cooperation with of extinction throughout all of its range, habitat modification is threatening four the States and requires that recovery but is likely to become in danger of of the six E. woodburyana known actions be implemented for all listed extinction within the foreseeable future populations. In addition, human- species. The protections required by throughout all of its range. induced fires and invasive plant species Federal agencies and the prohibitions are considered as further stressors to the against certain activities are discussed, Status Throughout a Significant Portion viability of E. woodburyana, particularly in part, below. of Its Range on private lands throughout the range of The primary purpose of the Act is the Under the Act and our implementing the species where no fire management conservation of endangered and regulations, a species may warrant practices are implemented. It is also threatened species and the ecosystems listing if it is in danger of extinction or expected that E. woodburyana will be upon which they depend. The ultimate

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goal of such conservation efforts is the any species that is listed as an Louisiana v. Verity, 853 F.2d 322 (5th recovery of these listed species, so that endangered or threatened species. Cir. 1988)). As noted in the legislative they no longer need the protective Regulations implementing this history when the Act was initially measures of the Act. Subsection 4(f) of interagency cooperation provision of the enacted, ‘‘once an animal is on the the Act requires the Service to develop Act are codified at 50 CFR part 402. threatened list, the Secretary has an and implement recovery plans for the Section 7(a)(2) of the Act requires almost infinite number of options conservation of endangered and Federal agencies to ensure that activities available to him with regard to the threatened species. The recovery they authorize, fund, or carry out are not permitted activities for those species. He planning process involves the likely to jeopardize the continued may, for example, permit taking, but not identification of actions that are existence of the species. If a Federal importation of such species, or he may necessary to halt or reverse the species’ action may affect a listed species, the choose to forbid both taking and decline by addressing the threats to its responsible Federal agency must enter importation but allow the transportation survival and recovery. The goal of this into consultation with the Service. of such species’’ (H.R. Rep. No. 412, process is to restore listed species to a 93rd Cong., 1st Sess. 1973). point where they are secure, self- Proposed 4(d) Rule Exercising its authority under 4(d) the sustaining, and functioning components Background Service has developed a proposed rule that is designed to address Eugenia of their ecosystem. Section 4(d) of the Act contains two Revisions of the plan may be done to woodburyana’s specific threats and sentences. The first sentence states that address continuing or new threats to the conservation needs. Although the the ‘‘Secretary shall issue such species, as new substantive information statute does not require the Service to regulations as he deems necessary and becomes available. The recovery plan make a ‘‘necessary and advisable’’ advisable to provide for the identifies site-specific management finding with respect to the adoption of conservation’’ of species listed as actions that set a trigger for review of specific prohibitions under section 9, threatened. The U.S. Supreme Court has the five factors that control whether a we find that this rule as a whole satisfies species remains endangered, or may be noted that statutory language like the requirement in section 4(d) of the downlisted or delisted, and methods for ‘‘necessary and advisable’’ demonstrates Act to issue regulations deemed monitoring recovery progress. Recovery a large degree of deference to the agency necessary and advisable to provide for plans also establish a framework for (see Webster v. Doe, 486 U.S. 592 the conservation of the E. woodburyana. agencies to coordinate their recovery (1988)). Conservation is defined in the As discussed under Overall Summary of efforts and provide estimates of the cost Act to mean ‘‘the use of all methods and Factors Affecting Eugenia woodburyana, of implementing recovery tasks. All procedures which are necessary to bring the Service has concluded that the planning documents can be found on any endangered species or threatened Eugenia woodburyana is at risk of our website (http://www.fws.gov/ species to the point at which the extinction within the foreseeable future endangered) or from our Caribbean measures provided pursuant to [the Act] primarily due to habitat destruction and Ecological Services Field Office (see FOR are no longer necessary.’’ Additionally, modification, particularly by urban FURTHER INFORMATION CONTACT). the second sentence of section 4(d) of development, and grazing by cattle, Implementation of recovery actions the Act states that the Secretary ‘‘may by horses, and goats; human-induced fires; generally requires the participation of a regulation prohibit with respect to any and invasive species. Additionally, broad range of partners, including other threatened species any act prohibited other natural or manmade factors like Federal agencies, States (in this case, the under section 9(a)(1), in the case of fish hurricanes, lands slides, sediment Commonwealth of Puerto Rico), Tribes, or wildlife, or section 9(a)(2), in the case runoff, and the effects of climate change nongovernmental organizations, of plants.’’ Thus, the combination of the can cause the species to be in the risk businesses, and private landowners. two sentences of section 4(d) provides of extinction in the foreseeable future. Examples of recovery actions include the Secretary with wide latitude of The provisions of this proposed 4(d) habitat restoration (e.g., restoration of discretion to select and promulgate rule would promote the conservation of native vegetation), research, captive appropriate regulations tailored to the the E. woodburyana by encouraging the propagation, and reintroduction, and specific conservation needs of the conservation of the habitat considering outreach and education. The recovery of threatened species. The second sentence land use and the species’ needs. The many listed species cannot be grants particularly broad discretion to provisions of this proposed rule are one accomplished solely on Federal lands the Service when adopting the of many tools that the Service will use because their range may occur primarily prohibitions under section 9. to promote the conservation of E. or solely on non-Federal lands (like The courts have recognized the extent woodburyana. This proposed 4(d) rule Commonwealth-owned forests). To of the Secretary’s discretion under this would apply only if and when the achieve recovery of these species standard to develop rules that are Service makes final the listing of E. requires cooperative conservation efforts appropriate for the conservation of a woodburyana as a threatened species. on private, State, and Tribal lands species. For example, courts have where appropriate. Funding for recovery upheld rules developed under section Provisions of the Proposed 4(d) Rule actions could become available from a 4(d) as a valid exercise of agency This proposed 4(d) rule would variety of sources, including Federal authority where they prohibited take of provide for the conservation of the budgets, Commonwealth programs, and threatened wildlife, or include a limited Eugenia woodburyana by prohibiting cost share grants from non-Federal taking prohibition (see Alsea Valley the following activities, except as landowners, the academic community, Alliance v. Lautenbacher, 2007 U.S. otherwise authorized or permitted: and nongovernmental organizations. We Dist. Lexis 60203 (D. Or. 2007); Importing or exporting; certain acts invite you to submit any new Washington Environmental Council v. related to removing, damaging, and information of this species whenever it National Marine Fisheries Service, 2002 destroying; delivering, receiving, becomes available (see FOR FURTHER U.S. Dist. Lexis 5432 (W.D. Wash. transporting, or shipping in interstate or INFORMATION CONTACT). 2002)). Courts have also upheld 4(d) foreign commerce in the course of Section 7(a) requires Federal agencies rules that do not address all of the commercial activity; selling or offering to evaluate their actions with respect to threats a species faces (see State of for sale in interstate or foreign

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commerce; or collecting plant material family units); and (3) minimizing areas of the Service to enter into partnerships (seeds, seedlings, propagules, or of rights of way for infrastructure for the management and protection of cuttings) and natural individuals or development projects. Questions the Eugenia woodburyana. However, those planted to enhance the status of regarding whether specific activities interagency cooperation may be further the species in the wild. would constitute a violation of section streamlined through planned As discussed under the Overall 9 of the Act should be directed to the programmatic consultations for the Summary of Factors Affecting Eugenia Southeast Region Recovery Permit species between Federal agencies and woodburyana (above), the present or Coordinator at (404) 679–7097, or to the the Service. We ask the public, threatened destruction, modification, or Caribbean Ecological Services Field particularly State agencies and other curtailment of its habitat or range Office (see FOR FURTHER INFORMATION interested stakeholders that may be (specifically, urban development; CONTACT). affected by the proposed 4(d) rule, to grazing by cattle, horses, and goats; The Service recognizes the special provide comments and suggestions human-induced fires; and invasive and unique relationship with our State regarding additional guidance and species), the inadequacy of existing and Territorial natural resource agency methods that the Service could provide regulatory mechanisms, and other partners in contributing to conservation or use, respectively, to streamline the natural or manmade factors affecting its of listed species. State and Territorial implementation of this proposed 4(d) continued existence (specifically, agencies often possess scientific data rule (see Information Requested, above). hurricanes, landslides, sediment runoff, and valuable expertise on the status and and the effects of climate change) are distribution of endangered, threatened, Effects of This Proposed Rule affecting the status of E. woodburyana. and candidate species of wildlife and This proposed rule, if made final, A range of activities have the potential plants. State and Territorial agencies, would revise 50 CFR 17.12(h) to to impact E. woodburyana, including: because of their authorities and their reclassify Eugenia woodburyana from Habitat conversion from forested habitat close working relationships with local endangered to threatened on the Federal to pasture for grazing, fence posts governments and landowners, are in a List of Endangered and Threatened harvesting, and land clearing for unique position to assist the Service in Plants. It would also recognize that this development. Regulating these activities implementing all aspects of the Act. In plant is no longer in danger of will help preserve the species’ this regard, section 6 of the Act provides extinction throughout all or a significant remaining populations, slow their rate that the Service shall cooperate to the portion of its range. This reclassification of potential decline, and decrease maximum extent practicable with the does not significantly change the synergistic, negative effects from other States in carrying out programs protections afforded to this species stressors. authorized by the Act. Therefore, any under the Act. The prohibitions and We may issue permits to carry out qualified employee or agent of a conservation measures provided by the otherwise prohibited activities, Territorial conservation agency which is Act, particularly through sections 7 and including those described above, a party to a cooperative agreement with 9, continue to apply to E. woodburyana. involving threatened plants under the Service in accordance with section Federal agencies are required to consult certain circumstances. Regulations 6(c) of the Act, who is designated by his with the Service under section 7 of the governing permits are codified at 50 or her agency for such purposes, will be Act in the event that activities they CFR 17.72. With regard to threatened able to conduct activities designed to authorize, fund, or carry out may affect plants, a permit may be issued for the conserve Eugenia woodburyana that E. woodburyana. following purposes: Scientific purposes, may result in otherwise prohibited As applicable, recovery actions to enhance propagation or survival, for activities for plants without additional directed at Eugenia woodburyana will economic hardship, for botanical or authorization. continue to be implemented as outlined horticultural exhibition, for educational The Service recognizes the beneficial in the recovery plan for this plant purposes, or for other purposes and educational aspects of activities (USFWS 1998). Highest priority actions consistent with the purposes of the Act. with seeds of cultivated plants, which (also recommended as future actions in Additional statutory exemptions from generally enhance the propagation of our 5-year review (USFWS 2017) the prohibitions are found in sections 9 the species, and therefore would satisfy include: and 10 of the Act. permit requirements under the Act. The (1) Develop more measurable and It is our policy, as published in the Service intends to monitor the interstate objective criteria to delist this species Federal Register on July 1, 1994 (59 FR and foreign commerce and import and based on best available information; 34272), to identify to the maximum export of these specimens in a manner (2) Continue conducting extent practicable at the time a species that will not inhibit such activities, comprehensive surveys for this species is listed, those activities that would or providing the activities do not represent within traditional and non-traditional would not constitute a violation of a threat to the survival of the species in sites to determine more details on section 9 of the Act. The intent of this the wild. In this regard, seeds of abundance and distribution of the policy is to increase public awareness of cultivated specimens would not be species; the effect of a listing on proposed and regulated provided that a statement that (3) Promote conservation agreements ongoing activities with the range of the seeds are of ‘‘cultivated origin’’ with private landowners to protect and listed species. Based on the best accompanies the seeds or their enhance existing populations; available information, the following container (e.g., the seeds could be (4) Work closely with the Puerto Rico actions are unlikely to result in a moved across State lines or between Department of Natural and violation of section 9, if these activities territories for purposes of seed banking Environmental Resources and are carried out in accordance with or use for outplanting without landowners to ensure the protection of existing regulations and permit additional regulations). the species and its habitat on private requirements (this list is not Nothing in this proposed 4(d) rule lands; and comprehensive): (1) Engaging in would change in any way the recovery (5) Continue implementing fire sustainable agricultural and grazing planning provisions of section 4(f) of the prevention practices in Sierra Bermeja, practices; (2) conducting low-impact Act, the consultation requirements CRNWR, and GCF during the dry residential development (e.g., single- under section 7 of the Act, or the ability season.

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Required Determinations Environmental Policy Act of 1969 (42 Services Field Office (see FOR FURTHER U.S.C. 4321 et seq.), in connection with INFORMATION CONTACT Clarity of This Proposed Rule ). regulations adopted pursuant to section We are required by Executive Orders 4(a) of the Endangered Species Act. We List of Subjects in 50 CFR Part 17 12866 and 12988 and by the published a notice outlining our reasons Endangered and threatened species, Presidential Memorandum of June 1, for this determination in the Federal 1998, to write all rules in plain Exports, Imports, Reporting and Register on October 25, 1983 (48 FR recordkeeping requirements, language. This means that each rule we 49244). publish must: Transportation. Government-to-Government (a) Be logically organized; Proposed Regulation Promulgation (b) Use the active voice to address Relationship With Tribes readers directly; In accordance with the President’s Accordingly, we propose to amend (c) Use clear language rather than memorandum of April 29, 1994, part 17, subchapter B of chapter I, title jargon; ‘‘Government-to-Government Relations 50 of the Code of Federal Regulations, (d) Be divided into short sections and as set forth below: sentences; and with Native American Tribal (e) Use lists and tables wherever Governments’’ (59 FR 22951), Executive Order 13175, and the Department of the PART 17—ENDANGERED AND possible. THREATENED WILDLIFE AND PLANTS If you feel that we have not met these Interior’s manual at 512 DM 2, we requirements, send us comments by one readily acknowledge our responsibility ■ of the methods listed in ADDRESSES. To to communicate meaningfully with 1. The authority citation for part 17 better help us revise the rule, your recognized Federal Tribes on a continues to read as follows: comments should be as specific as government-to-government basis. We Authority: 16 U.S.C. 1361–1407; 1531– possible. For example, you should tell have determined that there are no tribal 1544; and 4201–4245; unless otherwise us the numbers of the sections or interests affected by this proposal. noted. paragraphs that are unclearly written, References Cited ■ 2. Amend § 17.12 in paragraph (h) by which sections or sentences are too A complete list of references cited is revising the entry for ‘‘Eugenia long, the sections where you feel lists or woodburyana’’ under FLOWERING tables would be useful, etc. available on http://www.regulations.gov under Docket Number FWS–R4–ES– PLANTS in the List of Endangered and National Environmental Policy Act 2019–0070. Threatened Plants to read as follows: We have determined that we do not Authors § 17.12 Endangered and threatened plants. need to prepare an environmental assessment or environmental impact The primary authors of this document * * * * * statement, as defined in the National are members of the Caribbean Ecological (h) * * *

Scientific name Common name Where listed Status Listing citations and applicable rules

FLOWERING PLANTS

******* Eugenia woodburyana .. No common name ...... Wherever found ...... T 59 FR 46715, 9/9/1994; [FEDERAL REGISTER CITATION OF FINAL RULE]; 50 CFR 17.73(e).4d

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* * * * * (iii) Maliciously damage or destroy conduct activities as authorized by the ■ 3. Revise § 17.73 to read as follows: the species on any areas under Federal permit. jurisdiction, or remove, cut, dig up, or (ii) Any employee or agent of the § 17.73 Special rules—flowering plants. damage or destroy the species on any Service or of a State or Territorial (a) through (d) [Reserved] other area in knowing violation of any Conservation Agency that is operating (e) Eugenia woodburyana (no law or regulation of the Territory or in in a conservation program pursuant to common name)—(1) Prohibitions. The the course of any violation of a the terms of a cooperative agreement following prohibitions that apply to Territorial criminal trespass law as set with the Service in accordance with endangered plants also apply to Eugenia forth at at section 9(a)(2)(B) of the Act. section 6(c) of the Act, who is woodburyana. Except as provided under (iv) Engage in interstate or foreign designated by that agency for such paragraph (e)(2) of this section, it is commerce in the course of commercial purposes, may, when acting in the unlawful for any person subject to the activity, as provided in § 17.61(d). course of official duties, remove and jurisdiction of the United States to reduce to possession from areas under (v) Sell or offer for sale in interstate commit, to attempt to commit, to solicit Federal jurisdiction members of Eugenia or foreign commerce, as provided in another to commit, or cause to be woodburyana that are covered by an § 17.61(e). committed, any of the following acts in approved cooperative agreement to regard to this species: (2) Exceptions from prohibitions. The carry out conservation programs. (i) Import or export, as provided in following exceptions from prohibitions (iii) Entities may engage in any act § 17.61(b). apply to Eugenia woodburyana: prohibited under paragraph (e)(1) of this (ii) Remove and reduce to possession (i) Persons that have been issued section with seeds of cultivated the species from areas under Federal permits in accordance with the specimens, provided that a statement jurisdiction, as set forth at § 17.61(c)(1). provisions set forth in § 17.72 may that the seeds are of ‘‘cultivated origin’’

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accompanies the seeds or their container. Aurelia Skipwith, Director, U.S. Fish and Wildlife Service. [FR Doc. 2020–20300 Filed 10–20–20; 8:45 am] BILLING CODE 4333–15–P

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