Endangered and Threatened Wildlife and Plants; Reclassification of Eugenia woodburyana as Threatened and Section 4(d) Rule, 66906-66925 [2020-20300]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 85, Number 204 (Wednesday, October 21, 2020)]
[Proposed Rules]
[Pages 66906-66925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20300]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2019-0070; FXES11130900000C2-189-FF09E42000]
RIN 1018-BD01


Endangered and Threatened Wildlife and Plants; Reclassification 
of Eugenia woodburyana as Threatened and Section 4(d) Rule

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service or USFWS), 
propose to reclassify the plant Eugenia woodburyana (no common name) 
from an endangered species to a threatened species under the Endangered 
Species Act of 1973, as amended (Act), due to improvements in the 
species' status since the original listing in 1994. This proposed 
action is based on a thorough review of the best available scientific 
and commercial information, which indicates that E. woodburyana is not 
currently in danger of extinction throughout all or a significant 
portion of its range, but it is likely to become so within the 
foreseeable future. If this proposal is finalized, E. woodburyana would 
remain protected as a threatened species under the Act. We seek 
information, data, and comments from the public on this proposal. We 
also propose to establish a rule under section 4(d) of the Act that 
will provide

[[Page 66907]]

measures that are necessary and advisable for conservation of the E. 
woodburyana.

DATES: We will accept comments received or postmarked on or before 
December 21, 2020. We must receive requests for public hearings in 
writing, at the address shown in FOR FURTHER INFORMATION CONTACT by 
December 7, 2020.

ADDRESSES: You may submit comments on this proposed rule by one of the 
following methods:
    Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter the Docket Number for 
this proposed rule, which is FWS-R4-ES-2019-0070. Then, in the Search 
panel on the left side of the screen, under the Document Type heading, 
click on the Proposed Rules link to locate this document. You may 
submit a comment by clicking on ``Comment Now!'' Please ensure that you 
have found the correct rulemaking before submitting your comment. 
Comments submitted electronically using the Federal eRulemaking Portal 
must be received by 11:59 p.m. Eastern Time on the closing date.
    By hard copy: Submit by U.S. mail to: Public Comments Processing, 
Attn: FWS-R4-ES-2019-0070; U.S. Fish and Wildlife Service Headquarters, 
MS: JAO/1N, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Comments below for more information).
    Document availability: The proposed rule, list of literature cited, 
the 5-year review, and other supporting documents are available at 
https://www.regulations.gov under Docket No. FWS-R4-ES-2019-0070.

FOR FURTHER INFORMATION CONTACT: Edwin Mu[ntilde]iz, Field Supervisor, 
U.S. Fish and Wildlife Service, Caribbean Ecological Services Field 
Office, P.O. Box 491, Boquer[oacute]n, Puerto Rico 00622, telephone 
(787) 851-7297. Individuals who use a telecommunications device for the 
deaf (TDD), may call the Federal Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

Executive Summary

    Why we need to publish a rule. Section 4 of the Act and its 
implementing regulations (50 CFR part 424) set forth the procedures for 
listing species, reclassifying species, or removing species from the 
Lists of Endangered and Threatened Wildlife and Plants. To list, 
reclassify, or delist a species, we must issue a rule in the Federal 
Register. This rule proposes to reclassify the E. woodburyana from 
endangered to threatened on the List.
    What this document does. We propose to reclassify the plant Eugenia 
woodburyana as threatened on the Federal List of Endangered and 
Threatened Plants and to establish provisions under section 4(d) of the 
Act to ensure the continued conservation of this species.
    The basis for our action. Under the Act, we may determine that a 
species is an endangered or threatened species based on any one or a 
combination of five factors: (A) The present or threatened destruction, 
modification, or curtailment of its habitat or range; (B) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; or (E) other natural or manmade factors 
affecting its continued existence. In our May 2017 5-year status 
review, we made a recommendation to reclassify this plant from 
endangered to threatened based on our evaluation of these same five 
factors. Based on the status review, the current threats analysis, and 
evaluation of conservation measures discussed in this proposed rule, we 
conclude that the plant E. woodburyana no longer meets the Act's 
definition of endangered and should be reclassified to threatened 
because it is no longer in danger of extinction throughout all or a 
significant portion of its range, but is likely to become so within the 
foreseeable future.
    New information indicates that Eugenia woodburyana is now more 
abundant and more widely distributed than when it was listed in 1994, 
when only approximately 45 individuals were known from 3 localities in 
southwestern Puerto Rico. In the recovery plan for E. woodburyana 
(Service 1998), the species was identified as occurring in four 
locations in southwest Puerto Rico, totaling approximately 150 
individuals. In the 2017 5-year review, it was known from 6 populations 
and 2,597 individuals (not including seedlings) (Service 2017, p. 13). 
Currently, self-sustaining E. woodburyana natural populations are known 
to occur in 6 localities along southern Puerto Rico, extending from the 
municipality of Cabo Rojo in the southwest eastward to the municipality 
of Salinas in the south, totaling approximately 2,751 not including 
seedlings (table 1). About 47 percent of the currently known 
individuals occur under protective status in areas managed for 
conservation and where threats due to habitat modification have been 
reduced. Recovery actions (e.g., propagation and planting, habitat 
enhancement with native tree species, cattle exclusion, firebreaks) to 
control and reduce remaining threats have been successfully implemented 
in collaboration with several partners.
    Our review of the best available scientific and commercial 
information indicates that some threats to Eugenia woodburyana still 
remain while others have been reduced or no longer occur. Remaining 
threats that will make this species likely to become endangered in the 
foreseeable future include habitat loss, degradation, and 
fragmentation, and other natural or manmade factors such as human-
induced fires and landslides. For example, in May 2019, a large 
wildfire affected the upper forested hills of a private land in 
conservation in Sierra Bermeja (southwest Puerto Rico), affecting an 
undetermined number of individuals of E. woodburyana (Envirosurvey 
2020, p. 52).

Information Requested

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from other concerned governmental agencies, 
Native American tribes, the scientific community, industry, or any 
other interested parties concerning this proposed rule.
    We particularly seek comments concerning:
    (1) The species' biology, range, and population trends, including:
    (a) Biological or ecological requirements of the species, including 
habitat requirements;
    (b) Genetics and taxonomy;
    (c) Historical and current range including distribution patterns;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Current or planned activities within the geographic range of 
Eugenia woodburyana that may impact or benefit the species.
    (2) Factors (threats) that may affect the continued existence of 
the species, which may include habitat modification or destruction, 
overutilization, disease, predation, the inadequacy of existing 
regulatory mechanisms, or other natural or manmade factors.
    (3) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to this species

[[Page 66908]]

and existing regulations that may be addressing those threats.
    (4) Additional information concerning the historical and current 
status, range, distribution, and population size of this species, 
including the locations of any additional populations of this species.
    (5) Information on regulations that are necessary and advisable to 
provide for the conservation of Eugenia woodburyana and that the 
Service can consider in developing a 4(d) rule for the species. In 
particular, information concerning the extent to which we should 
include any of the section 9 prohibitions in the 4(d) rule or whether 
any other forms of take should be excepted from the prohibitions in the 
4(d) rule (to the extent permitted by Commonwealth law).
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Please note that submissions merely stating support for or 
opposition to the action under consideration without providing 
supporting information, although noted, will not be considered in 
making a determination, as section 4(b)(1)(A) of the Act directs that a 
determination as to whether any species is a threatened or endangered 
species must be made ``solely on the basis of the best scientific and 
commercial data available.''
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES.
    If you submit information via https://www.regulations.gov, your 
entire comment--including any personal identifying information--will be 
posted on the website. While you can ask us in your comment to withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so. Please note that comments 
posted to this website are not immediately viewable. When you submit a 
comment, the system receives it immediately. However, the comment will 
not be publically viewable until we post it, which might not occur 
until several days after submission.
    Comments and materials we receive, as well as supporting 
documentation used in preparing this proposed rule will be available 
for public inspection at Docket No. FWS-R4-ES-2019-0070 on https://www.regulations.gov.

Public Hearing

    Section 4(b)(5)(E) of the Act provides for one or more public 
hearings on this proposal, if requested. We must receive requests for 
public hearings, in writing, at the address shown in FOR FURTHER 
INFORMATION CONTACT by the date shown in DATES. We will schedule a 
public hearing on this proposal, if any are requested, and announce the 
date, time, and place of those hearings, as well as how to obtain 
reasonable accommodation, in the Federal Register at least 15 days 
before the first hearing. For the immediate future, we will provide 
these public hearings using webinars that will be announced on the 
Service's website, in addition to the Federal Register. The use of 
these virtual public hearings is consistent with our regulation at 50 
CFR 424.16(c)(3).

Peer Review

    In accordance with our policy published in the Federal Register on 
July 1, 1994 (59 FR 34270), and the Office of Management and Budget's 
Final Information Quality Bulletin for Peer Review, dated December 16, 
2004, we will seek the expert opinions of at least three appropriate 
and independent specialists regarding the science in this proposed 
rule. The purpose of such review is to ensure that our determination is 
based on scientifically sound data, assumptions, and analyses. We will 
send peer reviewers copies of this proposed rule immediately following 
publication in the Federal Register. We will invite these peer 
reviewers to comment during the public comment period on both the 
proposed reclassification of Eugenia woodburyana and the proposed 
special rule. We will summarize the opinions of these reviewers in the 
final decision documents, and we will consider the comments and 
information received from peer reviewers during the public comment 
period on this proposed rule, as we prepare our final determination.
    Because we will consider all comments and information received 
during the comment period, our final determination may differ from this 
proposal. Based on the new information we receive, we may conclude that 
the species status should not change and may choose to withdraw the 
proposal. Such a final decision would be a logical outgrowth of this 
proposal, as long as we: (a) Base the decisions on the best scientific 
and commercial data available after considering all of the relevant 
factors; (2) do not rely on factors Congress has not intended us to 
consider; and (3) articulate a rational connection between the facts 
found and the conclusions made, including why we changed our 
conclusion.

Previous Federal Actions

    On September 9, 1994, we published a final rule in the Federal 
Register (59 FR 46715) listing Eugenia woodburyana as an endangered 
species. The final rule identified the following threats to E. 
woodburyana: Loss of habitat due to agricultural (grazing by cattle and 
goats), rural, and tourist development and possibly the use of off-road 
vehicles within the habitat; lack of State regulations to protect this 
species; and the limited distribution of the species. On October 6, 
1998, we published the recovery plan for this endangered plant (USFWS 
1998, entire). We completed a 5-year status review on May 7, 2017 
(USFWS 2017, entire). In that review, we determined that the species no 
longer met the definition of an endangered species and should be 
reclassified to threatened because new occurrences of the species had 
been located since completion of the recovery plan, and a substantial 
number of individuals had been documented (i.e., 2,567 individuals 
including adults and saplings).
    The 5-year status review is available at https://www.regulations.gov at (Docket No. FWS-R4-ES-2019-0070).
    For additional details on previous Federal actions, see discussion 
under Recovery, below. Also see https://www.fws.gov/endangered/species/us-species.html for the species profile for this plant.

I. Proposed Listing Determination

Background

Species Information

    A thorough review of the taxonomy, life history, ecology, and 
overall viability of Eugenia woodburyana was presented in the 5-year 
review (USFWS 2017, entire). Below we present a summary of the 
biological and distributional information discussed in the 5-year 
review and new information published or obtained since.

Taxonomy and Species Description

    Eugenia woodburyana is a small evergreen tree that belongs to the 
family Myrtaceae (Judd et al. 2002, p. 398). Eugenia is the largest 
genus of this family, which is very diverse in the Antilles and 
includes more native trees than any other genus of flowering plants in 
the flora of Puerto Rico (Breckon and Kolterman 1994, p. 5). Eugenia 
woodburyana was first collected by Roy O. Woodbury in October 31, 1977, 
in the municipality of Gu[aacute]nica, Puerto Rico, and later described 
as a new species (Liogier 1994, p. 407).
    Eugenia woodburyana may reach up to 6 m (19.8 ft) (Liogier 1994, p. 
407).

[[Page 66909]]

Its leaves are chartaceous (thin and stiff), pubescent on both sides, 
obovate or elliptic, rounded at the apex, and dark green and shining 
above, and paler beneath. The fruit is an eight-winged, globose berry 
with a diameter of 2 cm (0.08 in) that turns red when mature (Liogier 
1994, p. 407).

Reproductive Biology

    The reproductive biology of Eugenia woodburyana had not been 
thoroughly studied at the time it was listed. According to data in the 
recovery plan, herbarium specimens collected in October and May at the 
GCF contained buds and flowers, whereas specimens collected in February 
and April were sterile. However, a specimen collected in March in 
Sierra Bermeja (southwest Puerto Rico) had remnants of flowers (USFWS 
1998, pp. 3-4).
    Some information on the phenology and germination of Eugenia 
woodburyana has been gathered since the species was listed. This plant 
has been observed flowering in February, May, June, August, and 
October, and not all individuals flower at the same time and not all 
produce fruits (USFWS 2017, p. 17). Therefore, we suspect it could 
flower February through October, depending on rain levels. Flower bud 
development has been observed 3 to 5 days after rain events of greater 
than 1 inch (25.4 mm) in 1 day, and fruits are observed about 3 weeks 
later (USFWS 2017, p. 17). In the event water availability becomes a 
limiting factor, the immature fruits may become dormant for months 
until conditions are favorable for developing (Monsegur-Rivera 2012-
2017, pers. obs.). Flowers of E. woodburyana are typically visited by 
honey bees (Apis mellifera), and pollination and fruit production 
appear to be the result of crosspollination, as few fruits are produced 
when single individuals flower (Monsegur-Rivera 2012-2017, per. obs.).
    Eugenia woodburyana seeds can remain dormant for a considerable 
period of time, and likely vary in time of emergence (Santiago 2011, 
p.14). Recent germination trials indicate the species has a high 
germination rate (i.e., 70 percent), and that germination success is 
greater if seeds are planted within 2 weeks following harvesting. Seeds 
start germinating by developing a long taproot, an adaptation to secure 
access to water, and in the case of a sudden drought, the seed may stop 
development of new growths and go dormant (Monsegur-Rivera 2012-2014, 
pers. obs.). Additional propagation efforts have been conducted because 
Eugenia woodburyana is relatively easy to propagate. Over the past 10 
years, the Service has worked with local partners propagating and 
planting this species on lands managed for conservation in the Sierra 
Bermeja area (USFWS 2017, p. 11). These efforts need to be expanded to 
geographical areas in the proximity of the other natural populations 
(e.g., Alm[aacute]cigo Bajo).

Distribution and Abundance

    Eugenia woodburyana was originally known from dry thickets within 
the GCF (Liogier 1980, p. 185; Breckon and Kolterman 1994, p. 5). In 
1981, this species was collected at an uncertain location within the 
CRNWR, and in 1984, at the dry serpentine slopes of Cerro Mariquita in 
Sierra Bermeja (Santiago-Blay et al. 2003, p. 1). At the time of 
listing, E. woodburyana was considered an endemic species of southwest 
Puerto Rico, known from only 45 individuals within the GCF, Sierra 
Bermeja, and an individual reported from the CRNWR. In addition, E. 
woodburyana was collected in 1996 at Pe[ntilde]ones de Melones in Cabo 
Rojo (Breckon 4863; MAPR herbaria). Thirteen individuals of this 
species were recorded during a study at La Tinaja Tract (Laguna 
Cartagena National Wildlife Refuge [LCNWR]), which found the species 
was present in open forest on east-facing slopes, and that it did not 
occur in areas in transition from pasture to forest (Weaver and Chinea 
2013, p. 279).
    Following the finalization of the species' recovery plan in 1998, 
new populations within the geographical areas of Montes de Barinas, 
between the municipalities of Yauco and Guayanilla, and Punta Cucharas, 
and between the municipalities of Ponce and Pe[ntilde]uelas, were 
identified by local experts and the Service (Rom[aacute]n-Guzman 2006, 
p. 25). These reports expanded the species' distribution further east 
within the subtropical dry limestone forest of Puerto Rico. The range 
of the species continued to expand: In 2008, it was located at 
Alm[aacute]cigo Bajo Ward in the municipality of Yauco 
(Sep[uacute]lveda 2008, pers. comm.). The species is also now known to 
extend to the Municipality of Salinas, as evidenced by a specimen 
collected within the boundaries of the Puerto Rico National Guard's 
Camp Santiago (Acevedo-Rodriguez 2014, p. 15; table 1). This locality 
is at least 18.6 miles (30 km) east of the previously nearest known 
site at Punta Cucharas in the municipality of Ponce. Below we discuss 
each of these areas in more 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 status
    Population name based on       Subpopulation      known adults/        (protected, not         Ownership
       geographical range               name           saplings per          protected)
                                                    subpopulation \a\
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Sierra Bermeja.................  * La Tinaja Tract  808/271 (39.2%)..  Protected.............  USFWS.
                                  (within LCNWR).
                                 * Finca            692/90 (28.4%)...  Not protected.........  Private land
                                  Mar[iacute]a                                                  under
                                  Luisa (also                                                   conservation
                                  known as Finca                                                easement with
                                  Escabi).                                                      Para La
                                                                                                Naturaleza.
                                                                                                Threats not
                                                                                                managed.
                                 * El Conuco (also  88/8 (3.5%)......  Protected.............  P.R. Conservation
                                  known as Finca                                                Trust (Para La
                                  Sollins).                                                     Naturaleza).
                                 * Finca Lozada...  300 estimated      Not protected.........  Private.
                                                     adults (10.9%).
Alm[aacute]cigo Bajo, Yauco....  Alm[aacute]cigo    120/226 (12.6%)..  Not protected.........  Private.
                                  Bajo (R[iacute]o
                                  Loco).
Gu[aacute]nica Commonwealth      * Ca[ntilde]on     10 estimated       Protected.............  PRDNER.
 Forest.                          Hoya Honda.        adults (0.36%).
                                 * Ca[ntilde]on     31/8 (1.4%)......  Protected.............  PRDNER.
                                  Eugenias.
                                 * Ca[ntilde]on     27/39 (2.4%).....  Protected.............  PRDNER.
                                  Murci[eacute]lag
                                  os.
                                 * Ca[ntilde]on     1 (0.04%)........  Protected.............  PRDNER.
                                  Las Trichilias.
Montes de Barinas..............  Finca              1 (0.04%)........  Not protected.........  Private.
                                  Catal[aacute].
Punta Cucharas (Ponce-           * Pe[ntilde]on de  20 (0.7%)........  Not protected.........  Private.
 Pe[ntilde]uelas).                Ponce.
                                 * Puerto Galexda.  9 (0.3%).........                          Private.
                                 * Gasoducto Sur    1 (0.04%)........                          Private.
                                  ROW.

[[Page 66910]]

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

[[Page 66911]]

179), and the landscape includes a variable topography with a mixture 
of hills and deep canyons or ravines that provides adequate conditions 
for the occurrence of Eugenia woodburyana. There are four localities 
within the GCF where subpopulations of this species have been 
documented: Ca[ntilde][oacute]n Hoya Honda, Ca[ntilde][oacute]n 
Murci[eacute]lagos, Ca[ntilde][oacute]n Las Eugenias, and 
Ca[ntilde][oacute]n Las Trichilias (Monsegur-Rivera 2009-2018, pers. 
obs.; table 1). The currently known number of E. woodburyana 
individuals at the GCF is approximately 69 adults and 47 saplings 
(USFWS 2017, pp. 8). Also, 31 seedlings were found in the forest, but 
no information is available regarding their survival (USFWS 2017, p. 
8).
    The range of Eugenia woodburyana extends north to the hills along 
Montes de Barinas in a habitat similar to the GCF (Monsegur-Rivera 
2009-2018, pers. obs.). This tract of privately owned lands is located 
primarily along Indios Ward in the municipality of Guayanilla, and 
Cambalache Ward in the municipality of Yauco. Due to the marginal 
agricultural value of these areas, the forest was partially logged for 
charcoal production and ranching; fortunately, the prime habitat for 
native and endemic plant species remained undisturbed (79 FR 53326, 
September 9, 2014). The forested habitats at Montes de Barinas and the 
GCF are separated by an agricultural valley along the Yauco River. In 
fact, this geographical range overlaps with the designated critical 
habitat of V. rupicola (Montes de Barinas Unit; 79 FR 53326, September 
9, 2014). The number of individuals of E. woodburyana at this location 
is limited to one record (table 1). However, the majority of the 
habitat remains unexplored; thus, further surveys are necessary to 
determine the size of this population (Monsegur-Rivera 2009-2018, pers. 
obs.).
    Similar habitat extends east to private lands in the area of Punta 
Cucharas, along Encarnaci[oacute]n and Canas Wards between the 
municipalities of Pe[ntilde]uelas and Ponce in southern Puerto Rico. 
This area also lies within the designated critical habitat for V. 
rupicola (Pe[ntilde]on de Ponce Unit) (79 FR 53326, September 9, 2014). 
Here, Eugenia woodburyana is known from at least three subpopulations: 
Pe[ntilde]on de Ponce, Puerto Galexda, and the former right of way of 
the proposed gas pipeline Gasoducto Sur, with an estimated minimum 
number of 30 individuals growing mainly along drainages on the 
northwest-facing slopes with greater moisture retention (Monsegur-
Rivera 2009-2018, pers. obs.; Service 2017, p. 10; table 1). The 
current forest structure and absence of exotic plant species suggest 
this habitat has remained mainly undisturbed, explaining the presence 
of rare species like Buxus vahlii (an endemic species with limited seed 
dispersal mechanism) in the area. Thus, the presence of additional 
subpopulations of E. woodburyana in this area is very likely.
    The newest record indicating the expansion of the species' known 
range is from a specimen collected at the Puerto Rico National Guard's 
Camp Santiago in the municipality of Salinas. This site is about 18.6 
miles (30 km) east from the nearest known locality in Punta Cucharas in 
a habitat composed of remnants of native dry forest. Camp Santiago 
covers an area of 5,175 ha (12,787.6 ac), and is located south of the 
central mountain range of Puerto Rico (Acevedo-Rodr[iacute]guez 2014, 
p. 15).

Population Summary

    Available information indicates at least 808 adults and 271 
saplings of Eugenia woodburyana occur within the boundaries of La 
Tinaja Tract (Morales-P[eacute]rez 2013, p. 4; table 1). The population 
of Finca Mar[iacute]a Luisa is composed of at least 692 adults and 90 
saplings (Envirosurvey 2020, p. 47; table 1). In the case of El Conuco, 
the population is 88 adults and 8 saplings (Envirosurvey 2020, p. 51; 
table 1). When evaluating the combined data from La Tinaja Tract, Finca 
Mar[iacute]a Luisa, El Conuco, and Finca Lozada as the whole Sierra 
Bermeja population, the total number of adults (1,888) and saplings 
(369) consists of 2,257 individuals. In addition, at least 269 
seedlings have been recorded in this population (Morales-P[eacute]rez 
2013, p. 4; Envirosurvey 2020, pp. 47 and 51). Although we recognize 
the occurrence of seedlings, we did not include them part of the whole 
E. woodburyana population because their fate is unknown due to the lack 
of long term monitoring. For example, seedling survival can be 
compromised by environmental variables like droughts, particularly in 
the dry forest habitat where the species occurs. Still, the current 
number of adult individuals represents a demonstrable increase when 
compared to the overall number of individuals known at the time when 
the species was listed (45 individuals) or even at the time the 
recovery plan was published (150 individuals). The presence of 
different size classes shows that the E. woodburyana population in 
Sierra Bermeja has been resilient to past and current threats (e.g., 
unsustainable agricultural practices, grazing, fires, invasive plant 
species) as suggested by its natural recruitment, reflected in the 
actual number of adults and saplings. Based on aerial images, and 
because the vegetation structure in neighboring lands is similar to 
areas with documented presence of E. woodburyana, we anticipate the 
species extends beyond our surveyed area in Sierra Bermeja. 
Nonetheless, E. woodburyana appears to be absent from areas previously 
deforested and degraded to grasslands dominated by exotics (e.g., 
Megathyrsus maximus [guinea grass]), and it is mainly restricted to 
those areas that provide favorable conditions for its establishment 
(e.g., drainages) (Weaver and Chinea 2003, entire; Morales-P[eacute]rez 
2013, p. 4; Monsegur-Rivera 2009-2018, pers. obs.; Envirosurvey 2020, 
pp. 46 and 51). Similar to Sierra Bermeja, the Alm[aacute]cigo Bajo 
(also known as R[iacute]o Loco) population also shows evidence of 
natural recruitment and resiliency to previous habitat disturbance. The 
latest comprehensive survey of this population resulted in 346 
individuals, corresponding to 120 adults and 226 saplings (USFWS 2017, 
p. 11; table 1). Despite the relatively disturbed nature of this area, 
it harbors a higher proportion of seedlings (38 percent) than that of 
Sierra Bermeja (10.5 percent) (USFWS 2016, p. 5; USFWS 2017, pp. 9 and 
10), which most likely is the result of the moister understory 
conditions in the drainages where the species is found, and provides 
for better seed germination and seedling establishment. Nonetheless, 
even though this population is the more structurally proportionate, the 
recruitment of those seedling into the population is uncertain.
    At the GCF, the subpopulation at Ca[ntilde][oacute]n 
Murci[eacute]lagos (also known as Dinamita Trail) is relatively small 
(i.e., 27 adults and 39 saplings (USFWS 2016, p. 8). Further assessment 
of the subpopulation at Ca[ntilde][oacute]n Las Eugenias (also known as 
Cueva Trail) in the GCF found 31 adults and 8 saplings (USFWS 2016, p. 
8). A third subpopulation at Ca[ntilde][oacute]n Hoya Honda is 
predominantly composed of about 10 adult individuals (Monsegur-Rivera 
2009-2018, pers. obs.). A total of 31 seedlings were found at 
Ca[ntilde][oacute]n Murci[eacute]lagos (29), and Ca[ntilde][oacute]n 
Las Eugenias (2) (USFWS 2019, p. 8), but their current survival is 
unknown. The populations of Montes de Barinas, Punta Cucharas, and Camp 
Santiago are recent additions to the species' range, and further 
systematic inventories are needed in order to determine the extent and 
trends of these populations. Nonetheless, these very small populations 
are characterized by little or no recruitment (e.g., Acevedo-
Rodr[iacute]guez 2014, p. 15).

[[Page 66912]]

Recovery

    Section 4(f) of the Act directs us to develop and implement 
recovery plans for the conservation and survival of threatened and 
endangered species unless we determine that such a plan will not 
promote the conservation of the species. Recovery plans are not 
regulatory documents and are instead intended to establish goals for 
long-term conservation of a listed species, define criteria that are 
designed to indicate when the threats facing a species have been 
removed or reduced to such an extent that the species may no longer 
need the protections of the Act, and provide guidance to our Federal, 
State, and other governmental and non-governmental partners on methods 
to minimize threats to listed species. There are many paths to 
accomplishing recovery of a species, and recovery may be achieved 
without all criteria being fully met. For example, one or more criteria 
may have been exceeded while other criteria may not have been 
accomplished, yet the Service may judge that, overall, the threats have 
been minimized sufficiently, and the species is robust enough, to 
reclassify the species from endangered to threatened or perhaps delist 
the species. In other cases, recovery opportunities may have been 
recognized that were not known at the time the recovery plan was 
finalized. These opportunities may be used instead of methods 
identified in the recovery plan.
    Likewise, information on the species that was not known at the time 
the recovery plan was finalized may become available later. The new 
information may change the extent that criteria need to be met for 
recognizing recovery of the species. Recovery of species is a dynamic 
process requiring adaptive management that may, or may not, fully 
follow the guidance provided in a recovery plan.
    The following discussion provides an analysis of the recovery 
criteria and goals as they relate to evaluating the status of the 
taxon.

Recovery Criteria

    The recovery plan for this species did not provide downlisting 
criteria (USFWS 1998, entire). In 2019, the Service published an 
amendment to the original recovery plan, which amended the recovery 
criteria of this species by establishing that Eugenia woodburyana will 
be considered for delisting when the following criteria are met (USFWS 
2019, p. 4): (1) Threat reduction and management activities have been 
implemented to a degree that the species will remain viable into the 
foreseeable future; (2) Existing natural populations of E. woodburyana 
(6 populations) show a stable or increasing trend, as evidenced by 
natural recruitment and multiple age classes; (3) Within the historic 
range, establish at least three (3) new populations of E. woodburyana 
on lands protected by a conservation mechanism that show a stable or 
increasing trend, evidenced by natural recruitment and multiple age 
classes. We apply our current understanding of the species' range, 
biology, and threats to these delisting criteria to support our 
rationale for why downlisting is appropriate.
    Threat reduction and management activities described in delisting 
criterion number 1 have been partially met. Overall, about 47 percent 
of the currently known Eugenia woodburyana individuals occur within 
lands managed for conservation. As previously stated, the GCF is 
managed for conservation by PRDNER as recommended by the Master Plan 
for the Commonwealth Forests of Puerto Rico (DRN 1976, p. 56). In 
addition, E. woodburyana is currently listed as critically endangered 
under PRDNER regulations (PRDNER 2004, p. 52). Consequently, that 
agency reviews all proposed actions for the GCF that may adversely 
affect this and other listed species and their habitat within the 
forest. During an E. woodburyana rapid assessment conducted at the GCF, 
no changes in habitat or evidence of activities affecting this species 
were observed (USFWS 2017, p. 8). Thus, as E. woodburyana is protected 
in that forest, it appears to be stable based on consistent records of 
estimated individuals and because no modifications in the habitat that 
could affect the species have occurred lately (USFWS 2017, p. 8).
    As for LCNWR, in 1996 the Service acquired La Tinaja Tract, a 263-
ac (106.4-ha) piece of land in the foothills of Sierra Bermeja (USFWS 
2011a, pp. 23, 26). This land is now protected and managed for the 
conservation of natural resources, with a comprehensive conservation 
plan that includes measures for the protection and recovery of 
threatened and endangered species, including Eugenia woodburyana (USFWS 
2011a, p. 35, Service 2011b, p. 47). As part of an existing Service's 
Cooperative Recovery Initiative project, a new fence was built along 
the upper southeast and southwest boundaries of La Tinaja Tract to 
reduce the chances of habitat modification from cattle grazing (mostly 
trampling, which damages the species, erodes soil, and opens up space 
to invasive plant species), and allowing for the recovery of native 
vegetation.
    Recovery actions like land acquisition and the establishment of 
conservation easements also have been undertaken to prevent habitat 
loss and degradation, and potential population decline. For example, 
PLN has two natural protected areas in Sierra Bermeja: The conservation 
easement Finca Mar[iacute]a Luisa (755.6 ac [305.8 ha]), and the 
Natural Protected Area El Conuco (37.4 ac [15.1 ha]) (PLN 2013, 85 pp.; 
PLN 2014, 58 pp.). As discussed above, both properties harbor 
subpopulations of Eugenia woodburyana (PLN 2014, p. 13; Envirosurvey 
2020, p. 44). Habitat management practices implemented at El Conuco 
include cattle exclusion, firebreaks, and a reforestation plan, 
providing suitable conditions for natural recruitment and the expansion 
of the E. woodburyana population (PLN 2013, 85 pp.). However, in the 
case of the Finca Mar[iacute]a Luisa easement, the conservation 
practices included in the management plan developed by PLN for this 
property have not yet been implemented. The plan identifies the habitat 
that harbors E. woodburyana as a conservation area, and recommends the 
exclusion of cattle from those parcels (PLN 2014, pp. 36 and 56). The 
conservation easement also establishes that agricultural practices and 
urban development cannot be conducted on management units identified 
for conservation (PLN 2014, pp. 36 and 56). During an assessment of 
Finca Mar[iacute]a Luisa, we recommended the implementation of 
conservation actions such as cattle exclusion and establishments of 
firebreaks to protect E. woodburyana, and to avoid additional habitat 
degradation (USFWS 2014b, p. 3). At present, none of these actions have 
been implemented. The fourth E. woodburyana subpopulation in Sierra 
Bermeja (i.e., Finca Lozada) remains under pressure of cattle grazing 
and trampling, competition with exotic grasses, human-induced fires, 
and bulldozing (Lange et al. 2017, p. 4; Monsegur-Rivera 2016, pers. 
obs.).
    Information gathered post-listing indicated that the range of 
Eugenia woodburyana has expanded to new localities: Montes de Barinas, 
Alm[aacute]cigo Bajo, Punta Cucharas, and the Puerto Rico National 
Guard's Camp Santiago in the municipality of Salinas. These areas 
collectively comprise approximately 14 percent of the currently known 
number of adults and saplings of Eugenia woodburyana. However, all 
these locations are subject to habitat destruction or modification as 
described below in the section of biological status and threats, making 
the species vulnerable to habitat encroachment or even extirpation.

[[Page 66913]]

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

Regulatory and Analytical Framework

Regulatory Framework

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations (50 CFR part 424) set forth the procedures for determining 
whether a species is an ``endangered species'' or a ``threatened 
species.'' The Act defines an endangered species as a species that is

[[Page 66914]]

``in danger of extinction throughout all or a significant portion of 
its range,'' and a threatened species as a species that is ``likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range.'' The Act requires that we 
determine whether any species is an ``endangered species'' or a 
``threatened species'' because of any of the following factors:
    (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (B) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (C) Disease or predation;
    (D) The inadequacy of existing regulatory mechanisms; or
    (E) Other natural or manmade factors affecting its continued 
existence.
    These factors represent broad categories of natural or human-caused 
actions or conditions that could have an effect on a species' continued 
existence. In evaluating these actions and conditions, we look for 
those that may have a negative effect on individuals of the species, as 
well as other actions or conditions that may ameliorate any negative 
effects or may have positive effects.
    We use the term ``threat'' to refer in general to actions or 
conditions that are known to or are reasonably likely to negatively 
affect individuals of a species. The term ``threat'' includes actions 
or conditions that have a direct impact on individuals (direct 
impacts), as well as those that affect individuals through alteration 
of their habitat or required resources (stressors). The term ``threat'' 
may encompass--either together or separately--the source of the action 
or condition or the action or condition itself.
    However, the mere identification of any threat(s) does not 
necessarily mean that the species meets the statutory definition of an 
``endangered species'' or a ``threatened species.'' In determining 
whether a species meets either definition, we must evaluate all 
identified threats by considering the expected response by the species, 
and the effects of the threats--in light of those actions and 
conditions that will ameliorate the threats--on an individual, 
population, and species level. We evaluate each threat and its expected 
effects on the species, then analyze the cumulative effect of all of 
the threats on the species as a whole. We also consider the cumulative 
effect of the threats in light of those actions and conditions that 
will have positive effects on the species--such as any existing 
regulatory mechanisms or conservation efforts. The Secretary determines 
whether the species meets the definition of an ``endangered species'' 
or a ``threatened species'' only after conducting this cumulative 
analysis and describing the expected effect on the species now and in 
the foreseeable future.
    The Act does not define the term ``foreseeable future,'' which 
appears in the statutory definition of ``threatened species.'' Our 
implementing regulations at 50 CFR 424.11(d) set forth a framework for 
evaluating the foreseeable future on a case-by-case basis. The term 
foreseeable future extends only so far into the future as the Services 
can reasonably determine that both the future threats and the species' 
responses to those threats are likely. In other words, the foreseeable 
future is the period of time in which we can make reliable predictions. 
``Reliable'' does not mean ``certain''; it means sufficient to provide 
a reasonable degree of confidence in the prediction. Thus, a prediction 
is reliable if it is reasonable to depend on it when making decisions.
    It is not always possible or necessary to define foreseeable future 
as a particular number of years. Analysis of the foreseeable future 
uses the best scientific and commercial data available and should 
consider the timeframes applicable to the relevant threats and to the 
species' likely responses to those threats in view of its life-history 
characteristics. Data that are typically relevant to assessing the 
species' biological response include species-specific factors such as 
lifespan, reproductive rates or productivity, certain behaviors, and 
other demographic factors.

Analytical Framework

    The 5-year review (USFWS 2017) documents the results of our 
comprehensive biological status review for the species, including an 
assessment of the potential threats to the species. The following is a 
summary of the key results and conclusions from the 5-year review and 
information gathered since that time. The 5-year review can be found at 
Docket FWS-R4-ES-2019-0070 on https://www.regulations.gov.

Summary of Biological Status and Threats

    Habitat destruction and modification (Factor A) were identified as 
factors affecting the continued existence of Eugenia woodburyana when 
it was listed in 1994 (59 FR 46715, September 9, 1994). The suitable 
habitat for E. woodburyana on privately owned lands at mid elevations 
and gentle slopes in Sierra Bermeja had been largely modified or 
destroyed through deforestation mainly for agricultural practices 
(i.e., cattle and goats grazing), and some urban development (i.e., 
construction of houses, and roads), thus affecting the species' 
recruitment in those areas (USFWS 1998, p. 6). As previously discussed, 
the Sierra Bermeja range comprises the core known natural population of 
E. woodburyana, with about 82 percent of the currently known adults and 
saplings being found in this area. Most of this mountain range was 
zoned by the Puerto Rico Planning Board as a District of Conservation 
of Resources and Rustic Soil Specially Protected, which has specific 
restrictions on development activities in order to protect the natural 
resources of the area (JPPR 2009, pp. 151-153). This zoning designation 
allows agricultural activities and construction of residential 
development (JPPR 2009, p. 151; JPPR 2015, pp. 118-129). Therefore, 
landowners continue to affect the habitat through activities like 
cutting new access roads on their properties (Pacheco and Monsegur-
Rivera 2017, pers. obs.). In addition, deforestation for agricultural 
practices (e.g., conversion of forested habitat to pasturelands) has 
led to invasion of exotic species like guinea grass (Megathyrsus 
maximus), thus promoting favorable conditions for wildfires that 
further adversely affect E. woodburyana habitat (Weaver and Chinea 
2003, p. 281). Also, cattle, horses, and goats graze all over the 
Sierra Bermeja range, causing habitat modification by making trails 
while foraging on the slopes, which also increases erosion (Morales-
P[eacute]rez, 2013, p. 4, Envirosurvey 2016, p. 9; Lange et al. 2017, 
p. 4; Envirosurvey 2020, p. 49). Cattle grazing has resulted in direct 
impacts to E. woodburyana due to predation and trampling of seedlings 
(Lange et al. 2017, p. 4). In fact, cattle trails were observed through 
a patch of E. woodburyana at Finca Mar[iacute]a Luisa, and at La Tinaja 
Tract horses trampled several planted individuals of the species 
(Morales-P[eacute]rez 2013, p. 7; Envirosurvey 2016, p. 8). Such 
impacts (e.g., trampling and predation) from livestock is likely one of 
the reasons for the low number of seedlings of E. woodburyana in Sierra 
Bermeja (Envirosurvey 2020, p. 49).
    Currently, two of the four subpopulations in Sierra Bermeja are 
protected since they occur on lands managed for conservation (i.e., La 
Tinaja Tract and El Conuco), representing approximately 43 percent of 
all known adults and saplings. The remaining two subpopulations (i.e., 
Finca Mar[iacute]a Luisa and Finca Lozada) represent about 39

[[Page 66915]]

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

[[Page 66916]]

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

[[Page 66917]]

and endangered species, including Eugenia woodburyana, within these 
Refuges (USFWS 2011a, p. 35; USFWS 2011b, p. 47).
    Although there are legal mechanisms in place for the protection of 
Eugenia woodburyana (e.g., laws, regulations, zoning), sometimes the 
enforcement of such mechanisms on private lands is challenging (e.g., 
USFWS 2019, pp. 29-31). For example, accidental damage (e.g., by 
cutting, pruning, or mowing) or even extirpation of E. woodburyana 
individuals may occur because private landowners may not be aware that 
it is a protected species (e.g., fence posts harvesting in 
Alm[aacute]cigo Bajo (USFWS 2016, p. 8)). Another form of impact is 
from agriculture; for example, zoning may restrict subdivision of lots 
and dense urbanization in some areas where the species is present, but 
may allow agricultural practices that can result in habitat 
modification that can affect E. woodburyana. On the other hand, the 
knowledge of the natural range of E. woodburyana has increased since 
the time of listing. The species has been recorded in new areas subject 
to agriculture and urban development (USFWS 2016, entire; USFWS 2017, 
pp. 18-21). In such cases, despite the existence of regulatory 
mechanisms, habitat modification has occurred in these newly documented 
areas (e.g., Almacigo Bajo site; USFWS 2017, pp. 18-21).
    Outside of the protections provided by the Act, as described above, 
the species is protected from collection and provided management 
considerations by the National Wildlife Refuge Improvement Act on two 
refuges. In addition, the Commonwealth of Puerto Rico legally protects 
Eugenia woodburyana as an endangered species, including protections to 
its habitat, through Commonwealth Law No. 241 and Regulation 6766. If 
E. woodburyana is reclassified, we do not expect it to be removed from 
legal protection by the Commonwealth. Although these protections extend 
to both public and private lands, protection of this species on private 
land is challenging. Habitat that occurs on private land is subject to 
pressures like grazing and development. Accidental damage or 
extirpation of individuals has occurred due to lack of awareness by 
private landowners or other parties on the property (Rom[aacute]n-
Guzm[aacute]n 2006, pp. 25-33; USFWS 2016, entire). Habitat 
modifications continue to occur on private lands, which can increase 
the chances of sediment runoff and human-induced fires (and subsequent 
spread of nonnative vegetation). In short, this plant is now more 
abundant and widely distributed and largely in conservation land, so 
effects due to inadequacy of regulatory mechanisms has been reduced. 
However, the occurrences of this species on private land continue to 
need enforcement, attention, and increased outreach to explain its 
importance.
    At the time of listing, the Service considered small population 
size (Factor E) as a threat affecting the continued survival of Eugenia 
woodburyana (59 FR 46715, September 9, 1994) based on species' limited 
distribution (i.e., only three isolated populations known at that time) 
coupled with low number of individuals (i.e., only 45 individuals 
throughout the species' range). Information about the distribution and 
abundance gathered since this species was listed reflects that E. 
woodburyana is more abundant and widely distributed than previously 
thought (USFWS 2017, entire). Thus, we no longer consider limited 
distribution and low population numbers as threats to this species. 
Even though some of the known populations are small (e.g., Montes de 
Barinas), there are other populations with large numbers of individuals 
(e.g., Sierra Bermeja), and that show recruitment (e.g., 
Alm[aacute]cigo Bajo), which with proper management will allow the 
species to persist into the future even if one of the very small 
populations is adversely affected.

Hurricanes and Other Weather Events (Factor E)

    The islands of the Caribbean are frequently affected by hurricanes. 
Puerto Rico has been hit by four major hurricanes in recent years: Hugo 
(1989), Hortense (1996), Georges (1998), and most recently, 
Mar[iacute]a (2017). Successional responses to hurricanes can influence 
the structure and composition of plant communities in the Caribbean 
islands (Van Bloem et al. 2003, p. 137; Van Bloem et al. 2005, p. 572; 
Van Bloem et al. 2006, p. 517; Lugo 2000, p. 245). Examples of the 
visible effects of hurricanes on the ecosystem include massive 
defoliation, snapped and wind-thrown trees, large debris accumulations, 
landslides, debris flows, and altered stream channels among others 
(Lugo 2008, p. 368). Hurricanes can produce sudden and massive tree 
mortality, which varies among species, but average about 41.5 percent 
(Lugo 2000, p. 245). Hence, small populations of Eugenia woodburyana 
may be severely impacted by hurricanes, even resulting in extirpation 
of relic individuals. The recent hurricane Mar[iacute]a caused 
defoliation and uprooting of some E. woodburyana individuals planted at 
the CRNWR, and even though none have died, they are stressed due to the 
damage to the root system (Monsegur-Rivera, Service 2017, pers. obs.).
    As an endemic to the Caribbean, Eugenia woodburyana is adapted to 
tropical storms and the prevailing environmental conditions. However, 
the reduced number of populations, and the small numbers of individuals 
in some populations (e.g., Camp Santiago and Montes de Barinas), make 
the species more vulnerable to stochastic and catastrophic events such 
as hurricanes. Based on observations of the damage caused by hurricane 
Mar[iacute]a, small E. woodburyana populations such as those of the 
GCF, Montes de Barinas, Punta Cucharas, and Camp Santiago, may be 
extirpated if any of those areas is directly impacted by a category 4 
or 5 hurricane that will cause high levels of wind, knocking over trees 
or uprooting them leading to stress or possible death. Therefore, we 
believe hurricanes can be a threat to E. woodburyana, particularly to 
small populations dominated by adult reproductive individuals, as the 
intensity and frequency of these natural disturbances is expected to 
increase due to climate change (see Climate Change, below).
    Landslides and sediment runoff associated with atmospheric 
disturbances may also pose a threat to Eugenia woodburyana, 
particularly in Sierra Bermeja, GCF, Punta Cucharas, and 
Alm[aacute]cigo Bajo (Morales-P[eacute]rez 2013, pp. 5 and 12). At 
these locations, adult mature individuals, as well as seedlings and 
saplings, are mostly found on steeper slopes or along the bottom of 
deep natural drainages (USFWS 2016, p. 5). High rainfall associated 
with tropical storms and hurricanes may cause floods that, in 
combination with steep topography and highly erodible soils, may lead 
to mass wasting events (e.g., land, mud, and debris slides; Lugo 2008, 
p. 368). In fact, in September 2009, three landslides resulting from 
heavy rains were recorded in Sierra Bermeja adjacent to the area where 
E. woodburyana occurs (USFWS 2010, p. 16). Moreover, Envirosurvey 
(2020, p. 51) observed that runoff and erosion exposed the roots of E. 
woodburyana in Sierra Bermeja (Envirosurvey, p. 51). As mentioned 
above, the Service has evidence of impacts to seedling recruitment by 
sediment runoff from adjacent urban development in the area of Punta 
Cucharas in Ponce (O. Monsegur-Rivera and R. Gonz[aacute]lez, 2011, p. 
2). Events like this may be exacerbated by severe rains associated with 
hurricanes or storms. Recent observations identified uprooted and 
buried seedlings of the endangered Palo de Rosa (Ottoschulzia 
rhodoxylon) and

[[Page 66918]]

Bariaco (Trichilia triacantha), which shares habitat with E. 
woodburyana in the GCF, due to sediment runoff and flooding events 
associated with hurricane Mar[iacute]a on September 20, 2017 (Monsegur-
Rivera 2018, pers. obs.). Similar observations have been recorded from 
the area of Punta Cucharas, where seedlings of Bariaco were adversely 
affected by sediment runoff (USFWS 2011, entire). There is little 
information about E. woodburyana's ability to survive stochastic events 
like landslides and heavy sediment runoff. However, the small size of 
some populations and the seedling establishment on moist drainages mean 
that events such as those mentioned may have adverse impacts on this 
species.

Effects of Climate Change (Factor E)

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

[[Page 66919]]

woodburyana and its habitat. Some general patterns associated with 
forest ecosystems in Puerto Rico (PRCC 2013, p. 14), and that can be 
reflected on E. woodburyana are as follows: Increased seasonality in 
precipitation and decreased soil moisture availability will alter 
flowering and fruiting patterns, affecting seedlings germination and 
survival, which will result in changes in forest's species composition, 
structure, and ecological functions. Also, an increment in intense 
storms will increase disturbance, hence, will cause changes in plant 
successional direction and biomass, leading to novel communities 
(likely dominated by exotic plant species).
    Despite the evidence that some terrestrial plant populations have 
the ability to adapt and respond to changing climatic conditions 
(Franks et al. 2013, entire), a sound long-term monitoring of known 
Eugenia woodburyana populations is needed to determine whether this 
species will have the ability to cope with the stressors indicated 
above and adapt to such changes.
    In summary, the limited distribution and low number of individuals 
were considered a threat to Eugenia woodburyana when listed. Recent 
information indicates the species is more abundant and widely 
distributed than previously thought. Currently, other natural and 
manmade factors, such as hurricanes and climate change are considered 
stressors to E. woodburyana.
    Hurricanes can result in massive mortality of trees, and 
particularly can affect or even extirpate small populations of Eugenia 
woodburyana. Hurricane Mar[iacute]a caused defoliation and uprooting of 
E. woodburyana individuals at the CRNWR (Monsegur-Rivera 2017, pers. 
obs.). Stochastic events, such as landslides and heavy sediment runoff, 
particularly caused by hurricanes, also can threaten E. woodburyana 
because of the occurrence of core populations of this species in steep 
areas in Sierra Bermeja where landslides have been documented near 
them.
    Also, it is expected that Eugenia woodburyana will be affected by 
changes in climatic conditions. Effects associated with climate change 
include droughts, heavy precipitation, and intense tropical storms and 
hurricanes. For E. woodburyana, a reduction in precipitation in a 
subtropical dry forest where precipitation is already reduced, 
compromise its phenology, seed viability, seedling recruitment, and 
seedling survival. Intense hurricanes, followed by extended periods of 
drought may result in changes in microclimate conditions that can favor 
the establishment invasive species that can compete with E. 
woodburyana. Additionally, increased heavy precipitation during 
hurricanes can produce landslides and sediment runoff in steep areas 
where E. woodburyana occurs, affecting its survival and recruitment 
(Morales-P[eacute]rez 2013, pp. 5 and 12; Envirosurvey 2020, p. 51). 
Moreover, extreme wind events may result in the direct mortality of 
individuals and extirpation of small populations (e.g., Montes de 
Barinas and Salinas). Overall, the effects of a changing climate on E. 
woodburyana can be exacerbated by its reduced number of populations, 
low number of individuals in most populations, and habitat degradation 
and fragmentation, which can affect the viability of the species into 
the future.

Overall Summary of Factors Affecting Eugenia woodburyana

    We have carefully assessed the best scientific and commercial 
information available regarding the threats faced by Eugenia 
woodburyana in developing this proposed rule. Based on the analysis 
above, even though we no longer consider limited distribution as a 
threat to this species, we believe that habitat destruction and 
modification (e.g., forest conversion into pasturelands) on privately 
owned lands, and other factors such as human-induced fires, livestock, 
invasive plant species, hurricanes, and climate change (droughts), 
continue to threaten E. woodburyana populations despite these threats 
being reduced in some areas.
    Species viability, or its ability to survive long term, is related 
to the species' ability to withstand catastrophic population and 
species-level events (redundancy), to adapt to changing environmental 
conditions (representation), and to withstand disturbances of varying 
magnitude and duration (resiliency). The viability of a species is also 
dependent on the likelihood of new stressors or continued threats now 
and in the future that act to reduce a species' redundancy, 
representation, and resiliency. Redundancy of populations is needed to 
provide a margin of safety for a species to withstand catastrophic 
events.
    We further evaluated the biological status of this species both 
currently and into the future, considering the species' viability as 
characterized by its resiliency, redundancy, and representation (i.e., 
3Rs). Eugenia woodburyana has demonstrated to be resilient to both 
natural and anthropogenic disturbances. However, although adult 
individuals have overcome stochastic events such as droughts, seedlings 
are susceptible to the effects of droughts and habitat modification, 
which can affect the recruitment and long-term viability of E. 
woodburyana.
    Currently, three (i.e., Sierra Bermeja, GCF, and Alm[aacute]cigo 
Bajo) of the six known Eugenia woodburyana populations show some degree 
of natural recruitment. The observed resiliency of the species may have 
been achieved by the availability of suitable habitat where some of the 
subpopulations are found, which have allowed some recruitment. Thus, in 
order to maintain and improve such resiliency, habitat protection and 
enhancement to increase connectivity between subpopulations are 
important to maximize the likelihood of crosspollination and gene flow, 
and to increase fruit production, viable seeds, and the chances of 
natural recruitment. In addition, in order to secure the long-term 
resiliency of E. woodburyana, remaining small and isolated populations 
(i.e., Monte Barinas, Punta Cucharas, and Camp Santiago) need to be 
enhanced and protected.
    In terms of the representation of Eugenia woodburyana, we have no 
data on its genetic variability. This species occurs in a wide range of 
habitats and environmental conditions, suggesting that the species was 
widely distributed in the past and it may have an ample genetic 
plasticity that would allow the species to adapt to different habitat 
and environmental changes. However, although the E. woodburyana is 
still thriving in these environments, its representation basically 
relies on the genetic contribution of only two populations--Sierra 
Bermeja and GCF--as a result of the connectivity among subpopulations 
in these two areas. The remaining four populations are isolated, with 
only a very few individuals and lack of recruitment, except for the 
Alm[aacute]cigo Bajo population. However, this population occurs on a 
private land adjacent to a former quarry and where harvesting of E. 
woodburyana and other species for fence posts has been documented 
(USFWS 2017, p. 19). The loss or reduction of the Alm[aacute]cigo Bajo 
population would represent an important impact to the species' 
conservation due to its higher recruitment rate, and its presumed 
genetic uniqueness as it is the only one occurring within the 
subtropical moist forest life zone. Three of the known populations are 
small in numbers, isolated, and not effectively reproducing. Therefore, 
we believe the

[[Page 66920]]

overall representation of E. woodburyana is low to moderate.
    We consider that Eugenia woodburyana's redundancy has increased 
since listing, but remains low to moderate as it is only known from six 
populations throughout its geographical range. Moreover, three of these 
populations--Montes de Barinas (1 individual), Punta Cucharas (30 
individuals), and Camp Santiago (1 individual)--are very small with no 
current evidence of natural recruitment, making them more vulnerable to 
catastrophic and stochastic events such as human-induced fires, 
hurricanes, and droughts, which affect seedling establishment (Acevedo-
Rodr[iacute]guez 2014, p. 15). In fact, E. woodburyana has not been 
observed naturally expanding or colonizing into degraded habitat 
outside the areas where it is known to occur, particularly where the 
largest populations are found (i.e., Sierra Bermeja, GCF, and 
Alm[aacute]cigo Bajo). The populations on Montes de Barinas and Camp 
Santiago are the most vulnerable to extirpation if not managed and 
enhanced. The loss of the Montes de Barinas, Punta Cucharas, and Camp 
Santiago individuals (the easternmost populations) will reduce the 
redundancy of the species.
    Although population numbers and abundance of Eugenia woodburyana 
have increased, and some identified threats have decreased, our 
analysis indicates that, because of the remaining threats and 
stressors, the species remains likely to become in danger of extinction 
in the foreseeable future throughout all of its range. Based on 
biological factors and stressors to the species viability, we consider 
30 years to be the foreseeable future within which we can reasonably 
determine the identified threats and the species response to those 
threats is likely. The foreseeable future for the individual threats 
vary. Projections out to the year 2100 show increases in temperature 
and decreases in precipitation (Khalyani et al. 2016, pp. 274-275). 
However, divergence in temperature and precipitation projections 
increases dramatically after mid-century, depending on the scenario 
(Khalyani et al. 2016, p. 275), making projections beyond 20 to 30 
years uncertain. Therefore, our ability to predict stressors associated 
with climate change is reduced beyond mid-century. Thus, the 30-years 
foreseeable future we are proposing, would account for the effects of 
predicted changes in temperature, life zone's shifting, and increasing 
droughts. Additionally, the species has been listed for over 25 years, 
so we have a baseline to understand how populations have performed in 
that period.
    This time period includes multiple generations of the species and 
allows adequate time for impacts from conservation efforts or changes 
in threats to be observed through population responses. For example, 
this timeframe accounts for the species reproductive biology, and thus 
the time required by an individual plant of E. woodburyana to reach a 
reproductive size and effectively contribute to the next generations. 
It accounts for reaching maturity, the probability of flowering, 
effective crosspollination, setting viable fruits, seed germination, 
and seedling survival and establishment, considering environmental 
stochastic events such as drought. Furthermore, the established 
timeframe provides for the design and implementation of conservation 
strategies to protect and enhance currently known populations. It also 
accounts for the continued collaborating with partners (e.g., PRDNER 
and PLN) to implement effective propagation and reintroduction of E. 
woodburyana, and to implement best management practices to reduce 
impacts from agricultural practices that will reduce incidence of 
human-induced fires and will promote habitat connectivity until such 
time as we find it no longer requires protections under the Act.

Determination of Eugenia woodburyana Status

    Section 4 of the Act (16 U.S.C. 1533), and its implementing 
regulations at 50 CFR part 424, set forth the procedures for 
determining whether a species meets the definition of ``endangered 
species'' or ``threatened species.'' The Act defines an ``endangered 
species'' as a species that is ``in danger of extinction throughout all 
or a significant portion of its range,'' and a ``threatened species'' 
as a species that is ``likely to become an endangered in the 
foreseeable future throughout all or a significant portion of its 
range.'' The Act requires that we determine whether a species meets the 
definition of ``endangered species'' or ``threatened species'' because 
of any of the following factors: (A) The present or threatened 
destruction, modification, or curtailment of its habitat or range; (B) 
Overutilization for commercial, recreational, scientific, or 
educational purposes; (C) Disease or predation; (D) The inadequacy of 
existing regulatory mechanisms; or (E) Other natural or manmade factors 
affecting its continued existence.

Status Throughout All of Its Range

    After evaluating threats to the species and assessing the 
cumulative effect of the threats under the section 4(a)(1) factors, we 
carefully examined the best scientific and commercial information 
available regarding the past, present, and future threats faced by this 
plant. We reviewed the information available in our files and other 
available published and unpublished information, and we consulted with 
recognized experts and State agencies. In considering factors that 
might constitute threats to a species, we must look beyond the exposure 
of the species to a factor to evaluate whether it responds to the 
factor in a way that causes impacts to the species or is likely to 
cause impacts in the future. If a species responds negatively to such 
exposure, the factor may be a threat and, during the status review, our 
aim is to determine whether impacts are or will be of an intensity or 
magnitude to place the species at risk. The factor is a threat if it 
drives, or contributes to, the risk of extinction of the species such 
that the species warrants listing as an endangered or threatened 
species as those terms are defined by the Act. This does not 
necessarily require empirical proof of a threat. The combination of 
exposure and some corroborating evidence of how the species is likely 
affected could suffice. In sum, the mere identification of factors that 
could affect a species negatively is not sufficient to compel a finding 
that listing is appropriate; we require evidence that these factors act 
on the species to the point that the species meets the definition of an 
endangered or threatened species.
    At the time of listing, the known range of Eugenia woodburyana 
consisted of 45 individuals distributed along 3 localities in 
southwestern Puerto Rico. The most serious threats to such a small 
number of individuals were habitat destruction and modification, 
inadequacy of existing regulatory mechanisms, and limited distribution. 
Currently, E. woodburyana exists across a broader geographic range in 
six populations composed of several sub-populations. Increased survey 
efforts and implementation of recovery actions have resulted in more 
occupied habitat identified, leaving open the potential of finding even 
more E. woodburyana individuals. Protection under the Act, and 
Commonwealth laws and regulations has reduced the unauthorized take, 
although accidental damage to the species has occurred due to lack of 
knowledge of the species by private landowners. Also, about 47

[[Page 66921]]

percent of the total known natural adults and saplings are found on 
Federal, Commonwealth, and private lands managed for conservation and 
where the species is protected.
    However, although now known to be more widespread and abundant than 
previously thought, the other 53 percent of known adult and saplings 
occur on lands where they are threatened by habitat destruction and 
modification (e.g., conversion of forested habitat into pasturelands, 
grazing by cattle, horses, and goats, and urban development). In 
addition, recent information indicates that threats from invasive 
species, human-induced fires, droughts, hurricanes, landslides, and 
sediment runoff are currently acting upon Eugenia woodburyana. Some of 
these threats could be more severe for the populations on lands where, 
for example, there are no fire management prevention practices 
implemented, making the species more vulnerable to impacts.
    We have determined that the previously recognized impacts to 
Eugenia woodburyana from inadequacy of existing regulatory mechanisms 
that occurred prior to listing by the Commonwealth of Puerto Rico has 
been reduced and limited distribution is no longer impacting E. 
woodburyana. In summary, there continues to be concern about present or 
threatened destruction, modification, or curtailment of its habitat or 
range (specifically, conversion of forested land into pasturelands, 
grazing by cattle, horses, and goats, and urban development); and other 
natural or manmade factors affecting its continued existence 
(specifically, invasive species, human-induced fires, droughts, 
hurricanes, landslides, and sediment runoff) throughout the range of E. 
woodburyana, particularly for those populations on private lands. The 
existing regulatory mechanisms are not adequate to address these 
threats at this time. The species is not affected by stressors related 
to over collection, and disease and predation. Still, none of these is 
an imminent threat or at a magnitude such that the taxon warrants 
endangered status across its range. Thus, after assessing the best 
available information, we conclude that E. woodburyana is not currently 
in danger of extinction throughout all of its range, but is likely to 
become in danger of extinction within the foreseeable future throughout 
all of its range.

Status Throughout a Significant Portion of Its Range

    Under the Act and our implementing regulations, a species may 
warrant listing if it is in danger of extinction or likely to become so 
in the foreseeable future throughout all or a significant portion of 
its range. The court in Center for Biological Diversity v. Everson, 
2020 WL 437289 (D.D.C. Jan. 28, 2020) (Everson), vacated the aspect of 
the 2014 Significant Portion of its Range Policy that provided that the 
Services do not undertake an analysis of significant portions of a 
species' range if the species warrants listing as threatened throughout 
all of its range. Therefore, we proceed to evaluating whether the 
species is endangered in a significant portion of its range--that is, 
whether there is any portion of the species' range for which both (1) 
the portion is significant; and, (2) the species is in danger of 
extinction in that portion. Depending on the case, it might be more 
efficient for us to address the ``significance'' question or the 
``status'' question first. We can choose to address either question 
first. Regardless of which question we address first, if we reach a 
negative answer with respect to the first question that we address, we 
do not need to evaluate the other question for that portion of the 
species' range.
    Following the court's holding in Everson, we now consider whether 
there are any significant portions of the species' range where the 
species is in danger of extinction now (i.e., endangered). In 
undertaking this analysis for Eugenia woodburyana, we choose to address 
the status question first--we consider information pertaining to the 
geographic distribution of both the species and the threats that the 
species faces to identify any portions of the range where the species 
is endangered.
    For Eugenia woodburyana, we considered whether the threats are 
geographically concentrated in any portion of the species' range at a 
biologically meaningful scale. We examined the following threats: 
Habitat destruction and modification (particularly by urban 
development, and grazing by cattle, horses, and goats); human-induced 
fires; invasive species; hurricanes, lands slides and sediment runoff; 
and the effects of climate change (e.g., prolonged droughts and 
expected shits of life zones). As discussed above, these threats are 
acting upon the species across its range. We have identified that 
habitat modification is threatening four of the six E. woodburyana 
known populations. In addition, human-induced fires and invasive plant 
species are considered as further stressors to the viability of E. 
woodburyana, particularly on private lands throughout the range of the 
species where no fire management practices are implemented. It is also 
expected that E. woodburyana will be affected by changes in climatic 
conditions as suggested by downscaled models developed for Puerto Rico, 
particularly by generalized changes in precipitation and drought 
conditions, and shifting of life zones in the Island. In fact, climate 
change is expected to result in more intense hurricanes and extended 
periods of droughts that can be exacerbated by a reduced number of 
populations, low number of individuals in most populations, and habitat 
degradation and fragmentation.
    Narrow endemics are generally more likely to experience the same 
kinds and levels of threats in all parts of their ranges, and thus, no 
portion would likely have an increased level of threats and, 
accordingly, a different status. Here, we found no concentration of 
threats in any portion of E. woodburyana's range at a biologically 
meaningful scale. Thus, there are no portions of the species' range 
where the species has a different status from its rangewide status. 
Therefore, no portion of the species' range provides a basis for 
determining that the species is in danger of extinction in a 
significant portion of its range, and we determine that the species is 
likely to become in danger of extinction within the foreseeable future 
throughout all of its range. This is consistent with the courts' 
holdings in Desert Survivors v. Department of the Interior, No. 16-cv-
01165-JCS, 2018 WL 4053447 (N.D. Cal. Aug. 24, 2018), and Center for 
Biological Diversity v. Jewell, 248 F. Supp. 3d, 946, 959 (D. Ariz. 
2017).

Determination of Status

    Our review of the best available scientific and commercial 
information indicates that the Eugenia woodburyana meets the definition 
of a threatened species. Therefore, we propose to reclassify E. 
woodburyana as a threatened species in accordance with sections 3(20) 
and 4(a)(1) of the Act.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
practices. The Act encourages cooperation with the States and requires 
that recovery actions be implemented for all listed species. The 
protections required by Federal agencies and the prohibitions against 
certain activities are discussed, in part, below.
    The primary purpose of the Act is the conservation of endangered 
and threatened species and the ecosystems upon which they depend. The 
ultimate

[[Page 66922]]

goal of such conservation efforts is the recovery of these listed 
species, so that they no longer need the protective measures of the 
Act. Subsection 4(f) of the Act requires the Service to develop and 
implement recovery plans for the conservation of endangered and 
threatened species. The recovery planning process involves the 
identification of actions that are necessary to halt or reverse the 
species' decline by addressing the threats to its survival and 
recovery. The goal of this process is to restore listed species to a 
point where they are secure, self-sustaining, and functioning 
components of their ecosystem.
    Revisions of the plan may be done to address continuing or new 
threats to the species, as new substantive information becomes 
available. The recovery plan identifies site-specific management 
actions that set a trigger for review of the five factors that control 
whether a species remains endangered, or may be downlisted or delisted, 
and methods for monitoring recovery progress. Recovery plans also 
establish a framework for agencies to coordinate their recovery efforts 
and provide estimates of the cost of implementing recovery tasks. All 
planning documents can be found on our website (https://www.fws.gov/endangered) or from our Caribbean Ecological Services Field Office (see 
FOR FURTHER INFORMATION CONTACT).
    Implementation of recovery actions generally requires the 
participation of a broad range of partners, including other Federal 
agencies, States (in this case, the Commonwealth of Puerto Rico), 
Tribes, nongovernmental organizations, businesses, and private 
landowners. Examples of recovery actions include habitat restoration 
(e.g., restoration of native vegetation), research, captive 
propagation, and reintroduction, and outreach and education. The 
recovery of many listed species cannot be accomplished solely on 
Federal lands because their range may occur primarily or solely on non-
Federal lands (like Commonwealth-owned forests). To achieve recovery of 
these species requires cooperative conservation efforts on private, 
State, and Tribal lands where appropriate. Funding for recovery actions 
could become available from a variety of sources, including Federal 
budgets, Commonwealth programs, and cost share grants from non-Federal 
landowners, the academic community, and nongovernmental organizations. 
We invite you to submit any new information of this species whenever it 
becomes available (see FOR FURTHER INFORMATION CONTACT).
    Section 7(a) requires Federal agencies to evaluate their actions 
with respect to any species that is listed as an endangered or 
threatened species. Regulations implementing this interagency 
cooperation provision of the Act are codified at 50 CFR part 402. 
Section 7(a)(2) of the Act requires Federal agencies to ensure that 
activities they authorize, fund, or carry out are not likely to 
jeopardize the continued existence of the species. If a Federal action 
may affect a listed species, the responsible Federal agency must enter 
into consultation with the Service.

Proposed 4(d) Rule

Background

    Section 4(d) of the Act contains two sentences. The first sentence 
states that the ``Secretary shall issue such regulations as he deems 
necessary and advisable to provide for the conservation'' of species 
listed as threatened. The U.S. Supreme Court has noted that statutory 
language like ``necessary and advisable'' demonstrates a large degree 
of deference to the agency (see Webster v. Doe, 486 U.S. 592 (1988)). 
Conservation is defined in the Act to mean ``the use of all methods and 
procedures which are necessary to bring any endangered species or 
threatened species to the point at which the measures provided pursuant 
to [the Act] are no longer necessary.'' Additionally, the second 
sentence of section 4(d) of the Act states that the Secretary ``may by 
regulation prohibit with respect to any threatened species any act 
prohibited under section 9(a)(1), in the case of fish or wildlife, or 
section 9(a)(2), in the case of plants.'' Thus, the combination of the 
two sentences of section 4(d) provides the Secretary with wide latitude 
of discretion to select and promulgate appropriate regulations tailored 
to the specific conservation needs of the threatened species. The 
second sentence grants particularly broad discretion to the Service 
when adopting the prohibitions under section 9.
    The courts have recognized the extent of the Secretary's discretion 
under this standard to develop rules that are appropriate for the 
conservation of a species. For example, courts have upheld rules 
developed under section 4(d) as a valid exercise of agency authority 
where they prohibited take of threatened wildlife, or include a limited 
taking prohibition (see Alsea Valley Alliance v. Lautenbacher, 2007 
U.S. Dist. Lexis 60203 (D. Or. 2007); Washington Environmental Council 
v. National Marine Fisheries Service, 2002 U.S. Dist. Lexis 5432 (W.D. 
Wash. 2002)). Courts have also upheld 4(d) rules that do not address 
all of the threats a species faces (see State of Louisiana v. Verity, 
853 F.2d 322 (5th Cir. 1988)). As noted in the legislative history when 
the Act was initially enacted, ``once an animal is on the threatened 
list, the Secretary has an almost infinite number of options available 
to him with regard to the permitted activities for those species. He 
may, for example, permit taking, but not importation of such species, 
or he may choose to forbid both taking and importation but allow the 
transportation of such species'' (H.R. Rep. No. 412, 93rd Cong., 1st 
Sess. 1973).
    Exercising its authority under 4(d) the Service has developed a 
proposed rule that is designed to address Eugenia woodburyana's 
specific threats and conservation needs. Although the statute does not 
require the Service to make a ``necessary and advisable'' finding with 
respect to the adoption of specific prohibitions under section 9, we 
find that this rule as a whole satisfies the requirement in section 
4(d) of the Act to issue regulations deemed necessary and advisable to 
provide for the conservation of the E. woodburyana. As discussed under 
Overall Summary of Factors Affecting Eugenia woodburyana, the Service 
has concluded that the Eugenia woodburyana is at risk of extinction 
within the foreseeable future primarily due to habitat destruction and 
modification, particularly by urban development, and grazing by cattle, 
horses, and goats; human-induced fires; and invasive species. 
Additionally, other natural or manmade factors like hurricanes, lands 
slides, sediment runoff, and the effects of climate change can cause 
the species to be in the risk of extinction in the foreseeable future. 
The provisions of this proposed 4(d) rule would promote the 
conservation of the E. woodburyana by encouraging the conservation of 
the habitat considering land use and the species' needs. The provisions 
of this proposed rule are one of many tools that the Service will use 
to promote the conservation of E. woodburyana. This proposed 4(d) rule 
would apply only if and when the Service makes final the listing of E. 
woodburyana as a threatened species.

Provisions of the Proposed 4(d) Rule

    This proposed 4(d) rule would provide for the conservation of the 
Eugenia woodburyana by prohibiting the following activities, except as 
otherwise authorized or permitted: Importing or exporting; certain acts 
related to removing, damaging, and destroying; delivering, receiving, 
transporting, or shipping in interstate or foreign commerce in the 
course of commercial activity; selling or offering for sale in 
interstate or foreign

[[Page 66923]]

commerce; or collecting plant material (seeds, seedlings, propagules, 
or cuttings) and natural individuals or those planted to enhance the 
status of the species in the wild.
    As discussed under the Overall Summary of Factors Affecting Eugenia 
woodburyana (above), the present or threatened destruction, 
modification, or curtailment of its habitat or range (specifically, 
urban development; grazing by cattle, horses, and goats; human-induced 
fires; and invasive species), the inadequacy of existing regulatory 
mechanisms, and other natural or manmade factors affecting its 
continued existence (specifically, hurricanes, landslides, sediment 
runoff, and the effects of climate change) are affecting the status of 
E. woodburyana. A range of activities have the potential to impact E. 
woodburyana, including: Habitat conversion from forested habitat to 
pasture for grazing, fence posts harvesting, and land clearing for 
development. Regulating these activities will help preserve the 
species' remaining populations, slow their rate of potential decline, 
and decrease synergistic, negative effects from other stressors.
    We may issue permits to carry out otherwise prohibited activities, 
including those described above, involving threatened plants under 
certain circumstances. Regulations governing permits are codified at 50 
CFR 17.72. With regard to threatened plants, a permit may be issued for 
the following purposes: Scientific purposes, to enhance propagation or 
survival, for economic hardship, for botanical or horticultural 
exhibition, for educational purposes, or for other purposes consistent 
with the purposes of the Act. Additional statutory exemptions from the 
prohibitions are found in sections 9 and 10 of the Act.
    It is our policy, as published in the Federal Register on July 1, 
1994 (59 FR 34272), to identify to the maximum extent practicable at 
the time a species is listed, those activities that would or would not 
constitute a violation of section 9 of the Act. The intent of this 
policy is to increase public awareness of the effect of a listing on 
proposed and ongoing activities with the range of listed species. Based 
on the best available information, the following actions are unlikely 
to result in a violation of section 9, if these activities are carried 
out in accordance with existing regulations and permit requirements 
(this list is not comprehensive): (1) Engaging in sustainable 
agricultural and grazing practices; (2) conducting low-impact 
residential development (e.g., single-family units); and (3) minimizing 
areas of rights of way for infrastructure development projects. 
Questions regarding whether specific activities would constitute a 
violation of section 9 of the Act should be directed to the Southeast 
Region Recovery Permit Coordinator at (404) 679-7097, or to the 
Caribbean Ecological Services Field Office (see FOR FURTHER INFORMATION 
CONTACT).
    The Service recognizes the special and unique relationship with our 
State and Territorial natural resource agency partners in contributing 
to conservation of listed species. State and Territorial agencies often 
possess scientific data and valuable expertise on the status and 
distribution of endangered, threatened, and candidate species of 
wildlife and plants. State and Territorial agencies, because of their 
authorities and their close working relationships with local 
governments and landowners, are in a unique position to assist the 
Service in implementing all aspects of the Act. In this regard, section 
6 of the Act provides that the Service shall cooperate to the maximum 
extent practicable with the States in carrying out programs authorized 
by the Act. Therefore, any qualified employee or agent of a Territorial 
conservation agency which is a party to a cooperative agreement with 
the Service in accordance with section 6(c) of the Act, who is 
designated by his or her agency for such purposes, will be able to 
conduct activities designed to conserve Eugenia woodburyana that may 
result in otherwise prohibited activities for plants without additional 
authorization.
    The Service recognizes the beneficial and educational aspects of 
activities with seeds of cultivated plants, which generally enhance the 
propagation of the species, and therefore would satisfy permit 
requirements under the Act. The Service intends to monitor the 
interstate and foreign commerce and import and export of these 
specimens in a manner that will not inhibit such activities, providing 
the activities do not represent a threat to the survival of the species 
in the wild. In this regard, seeds of cultivated specimens would not be 
regulated provided that a statement that the seeds are of ``cultivated 
origin'' accompanies the seeds or their container (e.g., the seeds 
could be moved across State lines or between territories for purposes 
of seed banking or use for outplanting without additional regulations).
    Nothing in this proposed 4(d) rule would change in any way the 
recovery planning provisions of section 4(f) of the Act, the 
consultation requirements under section 7 of the Act, or the ability of 
the Service to enter into partnerships for the management and 
protection of the Eugenia woodburyana. However, interagency cooperation 
may be further streamlined through planned programmatic consultations 
for the species between Federal agencies and the Service. We ask the 
public, particularly State agencies and other interested stakeholders 
that may be affected by the proposed 4(d) rule, to provide comments and 
suggestions regarding additional guidance and methods that the Service 
could provide or use, respectively, to streamline the implementation of 
this proposed 4(d) rule (see Information Requested, above).

Effects of This Proposed Rule

    This proposed rule, if made final, would revise 50 CFR 17.12(h) to 
reclassify Eugenia woodburyana from endangered to threatened on the 
Federal List of Endangered and Threatened Plants. It would also 
recognize that this plant is no longer in danger of extinction 
throughout all or a significant portion of its range. This 
reclassification does not significantly change the protections afforded 
to this species under the Act. The prohibitions and conservation 
measures provided by the Act, particularly through sections 7 and 9, 
continue to apply to E. woodburyana. Federal agencies are required to 
consult with the Service under section 7 of the Act in the event that 
activities they authorize, fund, or carry out may affect E. 
woodburyana.
    As applicable, recovery actions directed at Eugenia woodburyana 
will continue to be implemented as outlined in the recovery plan for 
this plant (USFWS 1998). Highest priority actions (also recommended as 
future actions in our 5-year review (USFWS 2017) include:
    (1) Develop more measurable and objective criteria to delist this 
species based on best available information;
    (2) Continue conducting comprehensive surveys for this species 
within traditional and non-traditional sites to determine more details 
on abundance and distribution of the species;
    (3) Promote conservation agreements with private landowners to 
protect and enhance existing populations;
    (4) Work closely with the Puerto Rico Department of Natural and 
Environmental Resources and landowners to ensure the protection of the 
species and its habitat on private lands; and
    (5) Continue implementing fire prevention practices in Sierra 
Bermeja, CRNWR, and GCF during the dry season.

[[Page 66924]]

Required Determinations

Clarity of This Proposed Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. To better help us 
revise the rule, your comments should be as specific as possible. For 
example, you should tell us the numbers of the sections or paragraphs 
that are unclearly written, which sections or sentences are too long, 
the sections where you feel lists or tables would be useful, etc.

National Environmental Policy Act

    We have determined that we do not need to prepare an environmental 
assessment or environmental impact statement, as defined in the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), in 
connection with regulations adopted pursuant to section 4(a) of the 
Endangered Species Act. We published a notice outlining our reasons for 
this determination in the Federal Register on October 25, 1983 (48 FR 
49244).

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and the Department 
of the Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis. We have determined that 
there are no tribal interests affected by this proposal.

References Cited

    A complete list of references cited is available on https://www.regulations.gov under Docket Number FWS-R4-ES-2019-0070.

Authors

    The primary authors of this document are members of the Caribbean 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority:  16 U.S.C. 1361-1407; 1531-1544; and 4201-4245; 
unless otherwise noted.
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2. Amend Sec.  17.12 in paragraph (h) by revising the entry for 
``Eugenia woodburyana'' under FLOWERING PLANTS in the List of 
Endangered and Threatened Plants to read as follows:


Sec.  17.12   Endangered and threatened plants.

* * * * *
    (h) * * *

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                                                                                          Listing citations and
         Scientific name              Common name        Where listed         Status         applicable rules
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        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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3. Revise Sec.  17.73 to read as follows:


Sec.  17.73   Special rules--flowering plants.

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

[[Page 66925]]

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