[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Rules and Regulations]
[Pages 40534-40547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14540]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2015-0144; 4500030113]
RIN 1018-BA94
Endangered and Threatened Wildlife and Plants; Threatened Species
Status for the Elfin-Woods Warbler With 4(d) Rule
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine
threatened species status under the Endangered Species Act (Act), as
amended, for the elfin-woods warbler (Setophaga angelae), a bird
species in Puerto Rico. This rule will add this species to the List of
Endangered and Threatened Wildlife. We are also adopting a rule under
the authority of section 4(d) of the Act (a ``4(d) rule'') that is
necessary and advisable to provide for the conservation of the elfin-
woods warbler.
DATES: This rule is effective July 22, 2016.
ADDRESSES: This final rule is available on the Internet at http://www.regulations.gov and http://www.fws.gov/caribbean. Comments and
materials we received, as well as supporting documentation we used in
preparing this rule, are available for public inspection at http://www.regulations.gov. Comments, materials, and documentation that we
considered in this rulemaking will be available by appointment, during
normal business hours, at: U.S. Fish and Wildlife Service, Caribbean
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Marelisa Rivera, Deputy Field
Supervisor, U.S. Fish and Wildlife Service, Caribbean Ecological
Services Field Office, P.O. Box 491, Road 301 Km. 5.1, Boquer[oacute]n,
PR 00622; telephone 787-851-7297; facsimile 787-851-7440. Persons who
use a telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under the Endangered Species Act, a
species may warrant protection through listing if it is endangered or
threatened throughout all or a significant portion of its range.
Listing a species as an endangered or threatened species can only be
completed by issuing a rule.
This rule finalizes the listing of the elfin-woods warbler
(Setophaga angelae) as a threatened species. It includes provisions
under the authority of section 4(d) of the Act that are necessary and
advisable for the conservation needs of the elfin-woods warbler.
The basis for our action. Under the Act, we may determine that a
species is a threatened species based on any 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. We have determined
that this species is currently at risk throughout all of its range due
to threats related to habitat modification on private lands under
agricultural and other land use requiring vegetation clearance (Factor
A) and to other natural or manmade factors, such as restricted
distribution and lack of connectivity, genetic drift, hurricanes, and
the effects of climate change (Factor E).
Under section 4(d) of the Act, the Secretary of the Interior has
discretion to issue such regulations she deems necessary and advisable
to provide for the conservation of the species. The Secretary also has
the discretion to prohibit by regulation, with respect to a threatened
species, any act prohibited by section 9(a)(1) of the Act.
Habitats within some of the physically degraded private lands
adjacent to elfin-woods warbler existing populations must be improved
before they are suitable for the species; therefore, some activities
that would normally be prohibited under 50 CFR 17.31 and 17.32 will
contribute to the conservation of the elfin-woods warbler. For the
elfin-woods warbler, the Service has determined that species-specific
regulations authorized by section 4(d) of the Act are necessary and
advisable to provide for the conservation of this species.
Peer review and public comment. We sought comments from independent
specialists to ensure that our determination is based on scientifically
sound data, assumptions, and analyses. We invited these peer reviewers
to comment on the listing proposal. We considered all comments and
information we received during the comment period.
Previous Federal Action
Please refer to the proposed listing rule (80 FR 58674, September
30, 2015) for a detailed description of previous Federal actions
concerning the elfin-woods warbler.
Summary of Comments and Recommendations
In the proposed rule published on September 30, 2015 (80 FR 58674),
we requested that all interested parties submit written comments on the
proposal by November 30, 2015. We also contacted appropriate Federal
and State agencies, scientific experts and organizations, and other
interested parties and invited them to comment on the proposal. On
October 3, 2015, we published a newspaper notice in the Primera Hora
inviting general public comment. We did not receive any requests for a
public hearing.
Peer Reviewer Comments
In accordance with our peer review policy published on July 1, 1994
(59 FR 34270), we solicited expert opinion from six knowledgeable
individuals with scientific expertise that included familiarity with
the elfin-woods warbler and its habitat, biological needs, and threats.
We received responses from four of the peer reviewers.
We reviewed all comments we received from the peer reviewers for
substantive issues and new information regarding the listing of elfin-
woods warbler. The peer reviewers generally concurred with our methods
and conclusions, and provided additional information, clarifications,
and suggestions to improve this final rule. Substantive peer reviewer
comments are addressed in the following summary
[[Page 40535]]
and incorporated into the final rule as appropriate.
(1) Comment: One peer reviewer stated that the proposed listing
rule did not include references to the Puerto Rico Breeding Bird Atlas
Project of the Sociedad Ornitol[oacute]gica Puertorrique[ntilde]a, Inc.
(SOPI; http://www.aosbirds.org/prbba/SpeciesEWWA.html). The peer
reviewer noted there is one record of the elfin-woods warbler being
detected during this project on March 31, 2005, in an area between
Jayuya and Adjuntas (hexagon 913) in the central mountains of Puerto
Rico by Bailey McKay and Richard West. The peer reviewer also indicated
that during a Bicknell's thrush study conducted by the Vermont Center
for Ecostudies between January and March, 2015, elfin-woods warblers
were detected in the Maricao Commonwealth Forest (MCF) and El Yunque
National Forest (EYNF), but were not detected in the Carite
Commonwealth Forest (CCF) or in the municipalities of Jayuya and
Adjuntas.
Our Response: We appreciate these comments. We have added the new
information regarding the observation of the elfin-woods warbler
between Jayuya and Adjuntas to this final rule. The information
available from the Web site provided by this reviewer classified this
report as a possible observation of the elfin-woods warbler (identified
with Code X (seen or heard within safe dates) in the database).
(2) Comment: A peer reviewer provided information about a nest-
building activity by the elfin-woods warbler at the MCF recorded on May
5, 2002. The peer reviewer also provided information about the location
and description of the nest.
Our Response: We appreciate this information, and have included the
new nesting record in this final rule.
(3) Comment: A peer reviewer stated that bird enthusiasts and
wildlife photographers may pose a problem to the elfin-woods warbler,
as some of them use recordings to attract these birds, probably
altering their normal behavior. The peer reviewer indicated this
situation appears to be increasing, and the existing regulations do not
clearly address this potential harassment.
Our Response: We appreciate this new information. At this time the
Service does not have sufficient information to consider this action as
a threat to the elfin-woods warbler. However, we will be monitoring the
species and will keep track of the effect of these actions. When this
final rule is effective (see DATES), regulations issued by the Service
under the Act and by the Commonwealth of Puerto Rico under its laws
will address actions that may result in take of the species.
(4) Comment: One peer reviewer emphasized the need for research on
the elfin-woods warbler and its status to inform managers and to
facilitate the species' future delisting. He indicated that automated
recording units (ARUs), which automatically record sounds for later
computer analyses, suggest tremendous potential for surveying the more
inaccessible sites in CCF, Toro Negro, and EYNF.
Our Response: We acknowledge this comment and will develop recovery
actions, including research needs, in the recovery plan for the
species. The Service concurs with the peer reviewer on the use of ARUs
to survey for the elfin-woods warbler in inaccessible sites. We have
already initiated a project with academia and local nongovernmental
organizations using ARUs to assess the presence of the elfin-woods
warbler at the CCF and EYNF.
(5) Comment: One peer reviewer made reference to the description of
the elfin-woods warbler included in the proposed listing rule,
indicating that adult and sub-adult elfin-woods warbler do not have a
stripe above the eyes.
Our Response: We appreciate this information. We described the
elfin-woods warbler in the proposed listing rule based on Raffaele 1989
(p. 168). However, considering the expertise of this peer reviewer on
the elfin-woods warbler, we included this detailed information and
specified that adult and sub-adult elfin-woods warbler do not have a
stripe above the eyes.
(6) Comment: One per reviewer indicated that the breeding season of
the elfin-woods warbler should be extended to include the entire months
of July and August because during these months the family groups stay
together as a cohesive unit, which is essential for the survival of
fledglings.
Our Response: We concur with this rationale and have made changes
to the ``Life History'' and 4(d) Rule sections of this final rule to
reflect the peer reviewer's input.
(7) Comment: A peer reviewer indicated that disturbances such as
shade and coffee tree seasonal pruning and other activities described
in the proposed 4(d) rule should be conducted from September 1 through
February 28, which is the time period that the peer reviewer suggests
is outside the breeding season of the elfin-woods warbler.
Our Response: The proposed 4(d) rule that was published with the
proposed listing rule indicated that coffee tree seasonal pruning and
other activities would be conducted from July 1 through February 28.
However, we concur with the information presented by the peer reviewer,
and have made changes to this final rule to reflect the peer reviewer's
input.
(8) Comment: One peer reviewer warned about the potential of
chemicals used for agriculture (such as pesticides, herbicides, and
fertilizers) gaining access to the food chain and eventually to
arthropods feeding birds such as the elfin-woods warbler.
Our Response: Under the proposed and this final 4(d) rule, pest
control substances (e.g., pesticides, herbicides) and fertilizers will
be applied only twice a year during the establishment period of shade
and coffee trees (i.e., the first 2 years). The Service believes that
during this period, the structure of the agroforestry system is not
mature enough to sustain the occurrence of elfin-woods warblers within
these areas. Therefore, we do not expect that the elfin-woods warbler
will be negatively affected by these actions.
(9) Comment: A peer reviewer suggested modifying the following
sentence in the Proposed Determination section: ``Current available
information indicates that the elfin-woods warbler has a limited
distribution, with only two known populations occurring within EYNF and
MCF, including the private lands adjacent to MCF, and at least one
extirpated population from CCF.'' The suggested modification is as
follows: ``Current available information indicates that the elfin-woods
warbler has a limited distribution, with only two known populations
occurring within EYNF and MCF, including the private lands adjacent to
MCF, and at least one possibly extirpated population from CCF.''
Our Response: Based on the best available information, the elfin-
woods warbler appears to be extirpated from CCF. However, we do not
discard the possibility that the species still occurs in this forest.
Therefore, we accept the peer reviewer's comment and have modified this
rule accordingly.
Federal Agency Comments
Three of the peer reviewers consulted are also from Federal
agencies. Only two provided peer review of the proposed rule, and their
comments are addressed above under Peer Reviewer Comments. One
additional Federal agency commented during the open comment period, but
did not provide substantive information regarding the proposed listing.
[[Page 40536]]
Comments From the Commonwealth of Puerto Rico
(10) Comment: One Commonwealth agency indicated it does not expect
any significant impacts on the elfin-woods warbler as a result of the
projects it conducts. However, the agency asked to be contacted should
additional information on the habitat and location of the species
become available in order to prevent potential impacts from future
projects.
Our Response: We appreciate these comments. Any new information
about the species' distribution and habitat will be available to
Commonwealth and Federal agencies via the Service's Environmental
Conservation Online System (ECOS) Web site (http://ecos.fws.gov/ecp/)
to be considered in future projects. For projects with a Federal nexus,
consultations under section 7 of the Act address potential impacts to
federally listed species.
Public Comments
We received three public comments. While all indicated support for
the listing of the elfin-woods warbler as a threatened species, none
provided substantive comments requiring the Service's response.
Summary of Changes From the Proposed Rule
Based upon our review of the comments from peer reviewers, other
Federal and Commonwealth agencies, and the public, as summarized above,
we reevaluated our proposed rule and incorporated the following changes
into this final rule.
(1) We modified the information in the species description to
specify that adult and sub-adult elfin-woods warbler do not have a
stripe above the eyes (see ``Species Description and Taxonomy,''
below).
(2) We added information regarding the report of the elfin-woods
warbler between the municipalities of Adjuntas and Jayuya as part of
the species' range (see ``Historical and Current Distribution,''
below).
(3) We modified the information regarding the breeding season of
the elfin-woods warbler to include the entire months of July and August
(see ``Life History,'' below).
(4) We modified the provisions of the 4(d) rule to set forth that
coffee tree seasonal pruning and other activities must be conducted
from September 1 to February 28 (see 4(d) Rule, below).
(5) We added information regarding an additional elfin-woods
warbler's nest-building activity at the Maricao Commonwealth Forest
(see ``Life History,'' below).
Background
Species Information
Species Description and Taxonomy
The elfin-woods warbler was originally classified under the genus
Dendroica, but is now recognized as Setophaga (Lovette et al. 2010, p.
765). Angela and Cameron Kepler discovered the species in 1971, in the
Dwarf forest type at El Yunque National Forest (EYNF) (Kepler and
Parkes 1972, p. 3-5). The bird is about 12.5 centimeters (cm) (5 inches
(in)) in length (Raffaele 1998, p. 406). The adult's upper body is
predominantly black and white, with conspicuous white patches on the
ear coverts and sides of the neck (Raffaele 1989, p. 168; Delannoy
2015, pers. comm.). The elfin-woods warbler is often mistaken for the
black and white warbler (Mniotilta varia), but the elfin-woods warbler
is distinguished by its incomplete white eye-ring and entirely black
crown. Immature elfin-woods warblers are similar to adults, except that
they are grayish-green on the back, and yellowish-green on the head and
underparts (Raffaele 1989, p. 168). The bird's call comprises a series
of short, rapidly uttered, unmusical notes in one pitch, increasing in
volume and ending with a short series of distinct double notes (Curson
et al. 1994, p. 156).
Life History
Little detailed information has been published on the life history
of the elfin-woods warbler. Some authors noted that the elfin-woods
warbler is an extremely active warbler, moving among the dense vines of
forest strata with more foliage cover or smaller branch tips, foraging
insects, usually at intermediate foliage heights of 3 to 15 meters (m)
(10 to 50 feet (ft)) (Col[oacute]n-Merced 2013, p. 2). Opportunistic
observations indicate the elfin-woods warbler feeds on moths,
dragonflies, and other types of insects; however, its specific diet
remains unknown (Col[oacute]n-Merced 2013, p. 2). Raffaele et al.
(1998, p. 406) indicated that the breeding season of the species occurs
from March to June. However, Delannoy (2015, pers. comm.) stated that
based on available information (i.e., Delannoy 2009), the breeding
season of the elfin-woods warbler should include the entire months of
July and August because family groups stay together as a cohesive unit
during May, June, July, and August. Delannoy (2009, p. 1) reported that
four pairs of elfin-woods warblers banded between 2004 and 2008
remained together in their territories in the Maricao Commonwealth
Forest (MCF), suggesting that the species is monogamous. In addition,
he reported that the elfin-woods warbler maintained territorial defense
throughout the year and documented that calling activity increases from
January to April and declines considerably during the time pairs are
incubating eggs or brooding nestlings.
Arroyo-V[aacute]zquez (1992, p. 363) reported the first detailed
observation of two nests found in March and April of 1990 in aerial
leaf litter at heights between 1.3 to 7.6 m (4.3 to 25 ft) and
documented a clutch size of two to three eggs. Also, he observed that
the pair's cup nest was woven from rootlets and fibers obtained from
tree ferns and lined with grass leaves and down feathers. Raffaele et
al. (1998, p. 406) further described the nest of the elfin-woods
warbler as a compact cup, usually close to the trunk and well-hidden
among epiphytes of a small tree. Salguero (2015, pers. comm.) indicated
that on May 5, 2002, he and Carina Roig recorded a pair of elfin-woods
warblers constructing a nest on a fork tip branch of a Pinus caribaea
(Caribbean pine) about 5.0 m (16.4 ft) above ground at the former
camping area near the MCF offices. Rodr[iacute]guez-Mojica (2004, p.
22) reported the first nesting event inside a rotten tree stump of Palo
Colorado (Cyrilla racemiflora) 7.0 m (23.3 ft) above ground in an
abandoned camping area at the MCF. He described the nest structure as
consisting of a tightly woven cup of fine plant fibers with dry leaves
on its outside and noted that cavity-nesting is not common in warblers.
Arroyo-V[aacute]zquez (1992, p. 363) and Rodr[iacute]guez-Mojica
(2004, p. 22) suggested that the species selected aerial leaf litter
and cavity-nesting sites to avoid predation. Some authors have
suggested that elfin-woods warbler nest predators may include the
pearly-eyed thrasher (Margarops fuscatus), Puerto Rican tanager
(Nesospingus speculiferus), Puerto Rican screech owls (Megascops
nudipes), Puerto Rican boa (Chilabothrus inornatus, listed as Epicrates
inornatus), Puerto Rican racer (Alsophis portoricensis), and feral cats
(Felis catus) (Delannoy 2009, p. 2). Other potential predators of
immature and adult individuals include the Indian mongoose (Herpestes
auropunctatus) and black rat (Rattus rattus) (Arroyo-V[aacute]zquez
1992, p. 364).
Historical and Current Distribution
The elfin-woods warbler is endemic to the island of Puerto Rico and
was initially thought to occur only in the Luquillo Mountains at EYNF
in eastern Puerto Rico (Kepler and Parks 1972, pp. 5-6; P[eacute]rez-
Rivera 1979, p. 58). During
[[Page 40537]]
the early 1970s, the species was reported in the MCF in western Puerto
Rico (P[eacute]rez-Rivera 1979, p. 58; Cruz and Delannoy 1984, p. 92).
In addition, the elfin-woods warbler was reported in the Toro Negro
Commonwealth Forest in the Cordillera Central (central mountain range)
(P[eacute]rez-Rivera 1979, p. 58), and in the area of Guavate in the
Carite Commonwealth Forest in east-central Puerto Rico (P[eacute]rez-
Rivera and Maldonado 1977, p. 134). More recently, Miranda-Castro et
al. (2000, pp. 119-123) and Anad[oacute]n-Irizarry (2006, p. 34)
conducted elfin-woods warbler surveys in other forests of the
Cordillera Central (i.e., Tres Picachos, Carite, Toro Negro,
Sus[uacute]a, and Guilarte Commonwealth Forests, and Bosque del Pueblo
in Adjuntas), but did not detect the species. However, on March 31,
2005, Bailey McKay and Richard West recorded a possible observation of
the elfin-woods warbler between the municipalities of Adjuntas and
Jayuya while collecting breeding bird data for the Puerto Rico Breeding
Bird Atlas Project (Salguero 2015, pers. comm.; SOPI 2005).
Between 2011 and 2013, the Service, in collaboration with the
Puerto Rican Ornithological Society, Inc., and BirdLife International,
conducted a study using a habitat suitability model and a single-season
occupancy modeling approach to assess the current geographic
distribution of the elfin-woods warbler. The project included surveys
between January and July during the species' breeding season within
habitat currently occupied by the species in the MCF and predicted
habitat within the Cordillera Central (Anad[oacute]n-Irizarry 2013, p.
2). The predicted habitat included public and private lands within the
municipalities of Jayuya, Ciales, Adjuntas, Ponce, Orocovis, and Juana
D[iacute]az. The species was detected only in the MCF and adjacent
private lands (Service 2014, p. 12).
The elfin-woods warbler is particularly difficult to survey because
of its small size, its constant moving behavior, and the dense
vegetation of areas where it is found (Raffaele 1989, p. 168). In fact,
Kepler and Parkes (1972, pp. 5-6) attribute the belated discovery of
elfin-woods warbler to the above factors and their similarity to the
black and white warbler. Even the vocalization of the elfin-woods
warbler can be easily mistaken with other species. Although the
presence of the elfin-woods warbler in the forests of the Cordillera
Central of Puerto Rico cannot be disregarded based on the previous
facts, the available information suggests that the current distribution
of the species is now restricted to two populations in (1) EYNF and (2)
MCF and adjacent private lands (Anad[oacute]n-Irizarry 2006, p. 5;
Delannoy 2007, p. 4; Gonz[aacute]lez 2008, p. 19). The EYNF and the MCF
are located about 150 kilometers (km) (93 miles (mi)) from each other
(Arendt et al. 2013, p. 2). These habitats are considered essential to
elfin-woods warbler abundance and are very important for maintaining
healthy populations of the species (Delannoy 2007, p. 24), as they are
the only currently known areas where the species still occurs. Although
there is suitable habitat for the species between these two forests
(Col[oacute]n-Merced 2013, p.51), the probability of dispersal for the
species is low because EYNF is isolated from the central mountain range
of Puerto Rico. Urban areas around EYNF increased by more than 2,000
percent between 1936 and 1988, and continue to encroach on forested
areas today (Thomlinson and Rivera 2000, p. 17). Between 1988 and 1993,
urbanization around this forest increased by 31 percent and represented
a 5 percent loss in vegetative cover, more than 80 percent of which was
dense forest (Thomlinson and Rivera 2000, p. 17).
Habitat
El Yunque National Forest--EYNF is located in the Sierra de
Luquillo in eastern Puerto Rico and covers 11,310 hectares (ha) (28,000
acres (ac)) of the island's area (Weaver 2012, p. 1). This forest was
proclaimed as a Crown Reserve by Spain in 1876, and as a Forest Reserve
by the U.S. Government since 1903. It is considered the oldest forest
reserve and largest protected area in Puerto Rico, and is managed by
the U.S. Forest Service (USFS). Elevations of this forest range from
100 to 1,075 m (328 to 3,526 ft) and temperatures change with altitude,
ranging between 23.5 and 27 degrees Celsius ([deg]C) (74 to 81 degrees
Fahrenheit ([deg]F)) at the base of the mountain to between 17 and 20
[deg]C (63 to 68 [deg]F) on the mountain peaks (Garc[iacute]a-
Martin[oacute] et al. 1996, p. 414). Mean annual rainfall ranges from
approximately 245 cm/year (96 in/year) at lower elevations to
approximately 400 cm/year (157 in/year) at higher elevations (Brown et
al. 1983, p. 11). The EYNF contains five of the six Holdridge Life
Zones found in Puerto Rico (Ewel and Whitmore 1973, pp. 32-49). These
five zones are the lower montane wet forest, lower montane rain forest,
subtropical moist forest, subtropical wet forest, and subtropical rain
forest. In 1951, Wadsworth recognized four major forest types at EYNF:
Dwarf, Palo Colorado, Tabonuco, and Sierra Palm (Anad[oacute]n-Irizarry
2006, p. 9).
At EYNF, the elfin-woods warbler was originally discovered in the
Dwarf forest (Kepler and Parkes 1972, pp. 3-5). This forest type falls
within the lower montane rain forest life zone (Ewel and Whitmore 1973,
p. 49) and occupies 368 ha (909 ac) of EYNF (Weaver 2012, p. 5). It is
found on exposed peaks with short, stunted vegetation above 900 m
(2,952 ft) elevation (Weaver 2012, p. 58). In general, the Dwarf forest
is not well populated with birds (Snyder et al. 1987, p. 61).
Later, the species was documented at lower elevations in the Palo
Colorado, Tabonuco, and Sierra Palm forests (Wiley and Bauer 1985, pp.
12-18). The Palo Colorado forest occurs within the lower montane rain
forest life zone, between approximately 600 and 900 m (1,968 and 2,952
ft) (Weaver 2012, p. 1). This forest type covers about 3,441 ha (8,502
ac) of the EYNF (Weaver 2012, p. 5). This forest is mainly composed of
fast-growing trees with height not more than 24 m (78 ft) (Lugo 2005,
p. 506).
The Tabonuco forest is found between 150 and 600 m (492 and 1,968
ft) elevation, and occupies 5,663 ha (13,993 ac) of the EYNF (Weaver
2012, p. 5). This forest is dominated by the Tabonuco tree (Dacryodes
excelsa), which grows primarily on the subtropical wet forest life
zones (Ewel and Whitmore 1973, p. 32). The understory of this forest is
sparsely vegetated, and the canopy is rich in aerial plants (e.g.,
bromeliads, orchids, vines, and arboreal ferns) (Ewel and Whitmore
1973, p. 32).
The Sierra Palm forest (also known as palm breaks) may reach canopy
heights of 15 m (50 ft) with 17 cm (7 in) average diameters at breast
height (dbh) and grows mainly on steep slopes at approximately 450 m
(1,476 ft) elevation, covering about 1,838 ha (4,541 ac) of the EYNF
(Weaver 2012, pp. 5 and 56). The Sierra Palm forest occurs on steep
windward slopes and poorly drained riparian areas (Lugo 2005, p. 496).
This forest is dominated by the Sierra palm (Prestoea montana) and
occurs within the subtropical rain forest life zone (Ewel and Whitmore
1973, p. 4).
Maricao Commonwealth Forest and Adjacent Lands--The main population
of the elfin-woods warbler in western Puerto Rico occurs within the
MCF, located between the municipalities of Maricao, San Germ[aacute]n,
Sabana Grande, and Mayag[uuml]ez (Ricart-Pujals and Padr[oacute]n-
V[eacute]lez 2010, p. 1). This forest is currently administered by the
Puerto Rico Department of Natural and Environmental Resources (PRDNER)
[[Page 40538]]
and covers about 4,168 ha (10,543 ac) with elevations ranging between
150 and 875 m (492 and 2,870 ft) above sea level. Annual average
temperature is 21.7 [deg]C (71 [deg]F), and annual average rainfall is
233 cm/year (92 in/year) (Silander et al. 1986, p. 210). Three of the
six life zones reported for Puerto Rico occur on the MCF: Subtropical
moist forest, subtropical wet forest, and lower montane wet forest
(Ricart-Pujals and Padr[oacute]n-V[eacute]lez 2010, p. 8). The habitats
where the elfin-woods warbler has been found within the MCF include
Podocarpus Forest, Exposed Woodland Forest, Timber Plantations, and Dry
Slopes Forest.
The Podocarpus Forest occupies only 80 ha (197 ac) of the MCF and
is located on the slopes and highest peaks (600-900 m (1,968-2,952 ft))
within the lower montane wet forest life zone (Department of Natural
Resources (DNR) 1976, p. 185). Podocarpus Forest is dominated by
Podocarpus coriaceus trees and has closed canopies and well-developed
understories composed of tree ferns (Cyathea spp.), Sierra palms, and
vines (Tossas and Delannoy 2001, pp. 47-53; Anad[oacute]n-Irizarry
2006, p. 53; Gonz[aacute]lez 2008, pp. 15-16).
The Exposed Woodland Forest occupies 2,711 ha (6,700 ac) of the MCF
and is found in valleys, slopes, and shallow soils with a more or less
continuous canopy (Gonz[aacute]lez 2008, pp. 15-16). These forest
associations are found at elevations ranging from 470 to 800 m (1,542
to 2,624 ft) within the subtropical wet forest life zone (DNR 1976, p.
185).
Timber Plantations occupy approximately 1,111 ha (2,745 ac) of the
MCF in elevations ranging from 630 to 840 m (2,066 to 2,755 ft) within
the subtropical wet forest and the subtropical moist forest life zones
(DNR 1976, p. 185). This habitat--dominated by the Mar[iacute]a trees
(Calophyllum calaba), eucalyptus (Eucalyptus robusta), and Caribbean
pine (Pinus caribaea)--was planted in areas that were completely
deforested for agriculture (Delannoy 2007, p. 9; Gonz[aacute]lez 2008
p. 5).
Dry Slopes Forest occupies approximately 1,367.3 ha (3,377 ac) of
the MCF in elevations ranging from 120 to 300 m (394 to 984 ft) within
the subtropical moist forest life zone (DNR 1976, p. 185). This habitat
is found in shallow and excessively drained serpentine-derived soils
dominated by xerophytic vegetation, thin trees, and a low open canopy.
This forest type is more common in the southern and southeastern slopes
of the MCF (DNR 1976, p. 185).
Outside the MCF, the elfin-woods warbler has been detected within
secondary forests and existing shade-grown coffee plantations
(Gonz[aacute]lez 2008, pp. 15-16). Secondary forests are found at
elevations ranging from 130 to 750 m (426 to 2,460 ft), and the shade-
grown coffee plantations are found at elevations ranging from 300 to
600 m (984 to 1,968 ft) (Gonzalez 2008, p. 59; Puerto Rico Planning
Board 2015). Also, the elfin-woods warbler has been documented at very
low densities outside the MCF in pasturelands, Gallery forests, and
rural residential areas, but not in sun-grown (unshaded) coffee
plantations (Gonz[aacute]lez 2008, pp. 15-16). Young secondary forests
developed as a result of abandonment of agriculture during the 20th
century. These forests are less than 25 years old with an open canopy
height of 12 to 15 m (40 to 50 ft) (Gonz[aacute]lez 2008, p. 6) and are
found within the subtropical moist and subtropical wet forest life
zones (DNR 1976, p. 185). Their understories are well-developed and
dominated by grasses, vines, and other early-successional species
(Gonz[aacute]lez 2008, p. 6). Mature secondary forests are over 25
years old and develop on humid to very humid, moderate to steep slopes.
They are characterized by their closed canopies, reaching heights of 20
to 30 m (66 to 100 ft), and sparse to abundant understories
(Gonz[aacute]lez 2008, p. 6). Some of these forests were used in the
past for cultivation of shade-grown coffee and survived untouched
because landowners abandoned agriculture activities (Delannoy 2007, p.
10). The shade-grown coffee plantations are covered with tall mature
forests dominated mostly by guaba (Inga vera) and guaraguao (Guarea
guidonia) trees. Found on moderate to steep, humid mountain sides,
these trees reach heights of 15 to 20 m (50 to 66 ft), and their
understories constantly develop without grasses (Gonz[aacute]lez 2008,
p. 6). Shade-grown coffee plantations are stable agro-ecosystems that
provide habitat, nesting, and feeding for many native, endemic, and
migratory species. Some of the best examples of this habitat are found
in north, northwest, and northeast MCF (Delannoy 2007, p. 10). Studies
have shown that biodiversity of plants, insects, reptiles, birds, and
some mammals are higher in shade-grown than in sun-grown coffee
plantations (Borkhataria et al. 2012, p. 165).
Carite Commonwealth Forest--The Carite Commonwealth Forest (CCF) is
within the known historical range of the elfin-woods warbler; however,
the species was last observed in this forest about 15 years ago
(P[eacute]rez-Rivera 2014, pers. comm.). The CCF has been managed for
conservation by PRDNER since 1975 (DNR 1976, p. 169). This forest
covers about 2,709 ha (6,695 ac), and ranges between 620 and 900 m
(2,034 and 2,952 ft) in elevation (DNR 1976, p. 169). The CCF contains
four forest types: Dwarf, Palo Colorado, Plantations, and Secondary
(Silander et al. 1986, p. 188). These forest types are similar to the
forests utilized by the elfin-woods warbler in EYNF and MCF.
Although the elfin-woods warbler has not been recently observed in
this forest (Anad[oacute]n-Irizarry 2006, p. 54; Anad[oacute]n-Irizarry
2014, pers. comm.), the habitat suitability model developed for the
species (Col[oacute]n-Merced 2013, p. 51) suggests CCF still provides
suitable habitat for the species due to its similarity in elevation,
climatic conditions, and vegetation associations with EYNF and MCF. The
CCF's similarity to EYNF and MCF suggests that this forest could
provide habitat for the expansion of the elfin-woods warbler's current
range to maintain the species' historical, geographical, and ecological
distribution.
Population Status
El Yunque National Forest--Kepler and Parkes (1972, p. 15)
estimated the elfin-woods warbler population at fewer than 300 pairs
occurring in 450 ha (1,111 acres) at EYNF. Waide (1995, p. 9) reported
an estimated population of 138 pairs in 329 ha (812 ac) in the Dwarf
forest at EYNF. According to Anad[oacute]n-Irizarry (2006, p. 24), the
species' mean abundance was highest (0.48 individuals (ind)/point
count) in the Palo Colorado forest, slightly lower (0.42 ind/point
count) in the Dwarf forest, lowest (0.01 ind/point count) in the
Tabonuco forest, and none were recorded in Sierra Palm forest. Arendt
et al. (2013, p. 8) conducted bird surveys approximately monthly from
1989 to 2006, and reported a decline of the elfin-woods warbler
population in EYNF over that period of 17 years. The species showed a
significant general decline from 0.2 ind/ha to 0.02 ind/ha in the Dwarf
forest, and from 1 ind/ha to 0.2 ind/ha in the Palo Colorado forest
(Arendt et al. 2013, p. 9).
Maricao Commonwealth Forest and Adjacent Lands--Cruz and Delannoy
(1984, p. 92) suggested that the elfin-woods warbler was not uniformly
distributed throughout the MCF and that it was found in different
habitats within three studied sites. Anad[oacute]n-Irizarry (2006, p.
27) conducted a survey from 2003 to 2004, in 102.4 ha (253 ac) of MCF
and recorded 778 elfin-woods warblers in 18 counts for an average of
[[Page 40539]]
0.42 ind/ha/count. Gonz[aacute]lez (2008, pp. 23-28) reported the most
recent population estimate for the elfin-woods warbler at the MCF and
adjacent areas. Gonz[aacute]lez (2008, p. 18) estimated 97.67 elfin-
woods warbler individuals in an area of 203.2 ha (0.48 ind/ha) within
the MCF. In areas adjacent to the MCF, he estimated 43.02 individuals
in an area of 374.4 ha (0.11 ind/ha).
Additionally, Gonz[aacute]lez (2008, p. 27) reported that the
highest densities of elfin-woods warbler recorded per point-count
stations in MCF were within the Podocarpus Forest (0.88 ind/ha).
Moderate densities were recorded in Exposed Woodland (0.53 ind/ha),
Timber Plantations (0.38 ind/ha), and Dry Slope Forest (0.06 ind/ha)
(Gonz[aacute]lez 2008 p. 27). Gonz[aacute]lez (2008 p. 27) stated these
results are similar to estimates obtained by previous studies in the
same type of forests. In lands adjacent to the MCF, the shade-grown
coffee plantations exhibited the highest elfin-woods warbler abundance
(0.24 ind/ha) (Gonz[aacute]lez 2008, p. 24).
Based on the studies mentioned above, in 2010, BirdLife
International estimated the overall elfin-woods warbler population in
Puerto Rico to be at least 1,800 mature individuals (Arendt et al.
2013, p. 2).
Carite Commonwealth Forest--In 1977, P[eacute]rez-Rivera and
Maldonado (1977, p. 134) reported the species for the first time in the
CCF. Two years later, P[eacute]rez-Rivera (1979, pp. 5-8) indicated
that the species was more common than was expected when discovered.
However, he mentioned that because the species appeared to be
specialized to certain types of habitats, any kind of habitat
disturbance or modification would cause a rapid decline of the species
(P[eacute]rez-Rivera 1979, p. 58). The species was later recorded by
P[eacute]rez-Rivera during the 1980s and 1990s in the following areas:
Cerro La Santa, Camino El Seis, first recreation area near the forest
entrance, private land near Barrio Farall[oacute]n, and Fincas Las 300
(Delannoy 2007, pp. 22-23). Based on P[eacute]rez-Rivera's observations
within these areas, the species seemed to be an uncommon and rare in
CCF (i.e., 1 or 2 sightings every 10 visits) (Delannoy 2007, pp. 22-
23). The species was later detected occasionally by P[eacute]rez-Rivera
within the same areas until it was last observed by him more than 15
years ago (P[eacute]rez-Rivera 2014, pers. comm.).
The surveys conducted by Anad[oacute]n-Irizarry between 2003 and
2004, and between 2012 and 2013, failed to detect the species within
the CCF. The study conducted during the period of 2003-2004
(Anad[oacute]n-Irizarry 2006, p. 54) included traditional areas
previously searched by P[eacute]rez-Rivera, and the surveys were
conducted along 5.0 km (3.1 mi) of existing trails. The most recent
surveys, conducted between 2012 and 2013, avoided the use of existing
trails and included nontraditional areas, but they also failed to
detect the species (Anad[oacute]n-Irizarry 2014, pers. comm.). However,
during these surveys, the amount of surveyed area within nontraditional
habitat was not significant (i.e., 15 survey stations).
Although these studies failed to detect the species, Anad[oacute]n-
Irizarry (2006, p. 54; 2014, pers. comm.) suggested the possibility
that the species is still present in isolated pockets of forest that
were not searched during the studies (Delannoy 2007, p. 22). The
apparent persistent and relatively sedentary behavior of this species
to inhabit certain small and isolated pockets of the forest might have
led these authors to suggest that it is possible that CCF may harbor
undetected elfin-woods warblers (Anad[oacute]n-Irizarry 2006, p. 54;
Delannoy 2007, pp. 22-23; P[eacute]rez-Rivera 2014, pers. comm.).
Anad[oacute]n-Irizarry (2006, p. 54), Delannoy (2007, pp. 22-23), and
P[eacute]rez-Rivera (2014, pers. comm.) have suggested that the species
was extirpated from the traditional areas searched by them during the
1980s, 1990s, and between 2003 and 2004 due to habitat modification
activities (i.e., transmission antenna development and road
development) that occurred in those years. If this is the case, a
comprehensive assessment of the status of this population would require
extensive searches covering a much larger area into the fragmented
landscape of the CCF (Delannoy 2007, pp. 22-23). Therefore, during
early 2016 the Service contracted for a survey to include traditional
and nontraditional areas within and beyond CCF's boundaries. A total of
60 sites were surveyed between March and April 2016 using ARBIMON
portable recorders (Aide and Campos 2016). Surveyed areas also included
suitable habitat identified by the habitat suitability model developed
by Col[oacute]n-Merced (2013). None of the 23,944 1-minute recordings
analyzed for the presence of the elfin-woods warbler resulted in
positive detection, indicating the species is not present in CCF (Aide
and Campos 2016).
Summary of Factors Affecting the Species
Section 4 of the Act, and its implementing regulations at 50 CFR
part 424, set forth the procedures for adding species to the Federal
Lists of Endangered and Threatened Wildlife and Plants. Under section
4(a)(1) of the Act, we may list a species based on:
(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.
Listing actions may be warranted based on any of the above threat
factors, singly or in combination.
Factor A. The Present or Threatened Destruction, Modification, or
Curtailment of Its Habitat or Range
The majority of extant elfin-woods warbler populations are
restricted to two disjunct primary habitats in montane forests at EYNF
and at MCF and private lands adjacent to MCF. Although the elfin-woods
warbler has not been recently observed in CCF, this forest and adjacent
lands still contains suitable habitat for the species. The elfin-woods
warbler needs suitable forested habitats for essential behaviors such
as foraging, breeding, and sheltering (Anad[oacute]n-Irizarry 2006, pp.
5-8).
In the past, the majority of the forested areas in Puerto Rico--
EYNF, MCF, and CCF--were impacted by agricultural practices; extraction
of timber for construction and charcoal (Dominguez-Cristobal 2000, pp.
370-373; Dominguez-Cristobal 2008, pp. 100-103); development of
infrastructure for utilities and communications; and construction of
roads, recreational facilities, and trails, negatively affecting elfin-
woods warbler habitat (DNR 1976, p. 169; Waide 1995, p. 17; Delannoy
2007, p. 4; Anad[oacute]n-Irizarry 2006, p. 28; P[eacute]rez-Rivera
2014, pers. comm.). Currently, each agency manages these forests for
conservation purposes under its authorities and mandates to promote
habitat conservation (see Factor D. The Inadequacy of Existing
Regulatory Mechanisms, below); habitat modification pressures from
agriculture practices and the development of new infrastructure within
the forests are currently very low. However, typical forest management
of existing disturbed areas (e.g., trail maintenance, road maintenance,
transmission antenna maintenance, and recreational facility
improvements) and research activities (e.g., species surveys,
endangered species reintroductions) still occur within these forests.
The maintenance performed on roads, trails, transmission antenna
facilities, and recreational
[[Page 40540]]
facilities is not presently affecting elfin-woods warbler habitat
within these forests. When a management or research activity is
conducted, both USFS and PRDNER closely coordinate with the Service
during design and planning stages. These planning efforts minimize
possible adverse effects on the species and its habitat. In contrast,
the expansion of existing facilities (i.e., transmission antennas,
access roads, access gates, administration buildings, utilities) within
the forests is still a possibility and may result in the degradation of
suitable habitat of elfin-woods warbler.
Although the threats to the species and its habitat have been
minimized within the lands managed and administrated by USFS and PRDNER
within EYNF, MCF, and CCF, respectively, the species is still also
threatened with habitat destruction, fragmentation, and degradation in
15 percent of its suitable occupied habitat within private lands
adjacent to MCF. These private lands are known to be susceptible to
habitat modification caused by unsustainable agricultural practices and
other land uses requiring vegetation clearance (e.g., deforestation,
monoculture of minor fruits, livestock related activities, human-
induced fires, residential use, road improvements). Although not known
to be currently occupied, the areas outside EYNF and CCF are also
vulnerable to these threats because they are not within the protected
lands. In the Municipality of Maricao, the Puerto Rico Department of
Agriculture (PRDA) has identified 301 properties (8,442 acres) with
potential to be developed as agricultural lands for coffee and citrus
plantations (Resoluci[oacute]n Conjunta del Senado 2014, p. 2).
Although the conversion of forested areas to sun-grown coffee
plantations is still occurring on private lands adjacent to MCF, the
magnitude of this activity is localized and at a lower level than it
was in the past. However, PRDA has expressed its intention to increase
the acreages of coffee plantations in Puerto Rico to 16,000 acres by
2016 (PRDA 2015, no page number). PRDA's goal is to provide incentives
to landowners (i.e., $1,300/acre) for the establishment of new planting
areas of sun-grown or partially shaded coffee (i.e., 1,000 coffee trees
per acre) (Regulation 6372, p. 3-6; Regulation Governing the Incentives
Programs of the Coffee Production Industry in Puerto Rico). Some of
these areas, previously used for agriculture, were abandoned and are
currently forested. The majority of the sun-grown coffee plantations
were converted several decades ago, resulting in the elimination of
native forest, thus reducing the habitat value for wildlife, including
the elfin-woods warbler (Delannoy 2007, p. 20). The most recent studies
conducted in MCF and adjacent lands (i.e., Delannoy 2007, p. 15;
Gonz[aacute]lez 2008, p. 59) did not detect elfin-woods warblers in
sun-grown coffee plantations on privately owned lands adjacent to the
forest. The establishment of a sun-grown coffee plantation requires the
deforestation of the area, removing habitat that elfin-woods warblers
are or could be using.
The increase of urban development in private lands adjacent to EYNF
and CCF has negatively affected elfin-woods warbler suitable habitat
around these forests. Gould et al. (2007, pp. 29-31) suggested there is
an increasing urbanization trend of the limited land area of eastern
Puerto Rico where these forests are located. Urban development in this
region increased more than 15 percent between 1991 and 2003 (Gould et
al. 2007, pp. 29-31). Martinuzzi et al. (2007, pp. 294-296) reported
that almost 52 percent of the island is classified under either
``Urban'' use (i.e., 16 percent; 142,562 ha) or ``Densely Populated
Rural'' use (i.e., 36 percent; 320,219 ha) classes. The Urban-use class
enhances the contiguity between the compact urban areas across the
island, and gives an accurate view of how an ``urban ring'' encircles
interior mountainous and protected areas like EYNF and CCF (Martinuzzi
et al. 2007, p. 294). The Densely Populated Rural-use class surrounds
the urban-use areas and represents most of the territory where human
developments expand out from the urban centers following secondary
routes (Martinuzzi et al. 2007, p. 294). Although the most evident
land-use changes in the last 25 years have been the intensification of
urbanization that surrounds these forests (Helmer 2004, pp. 33-35,
Gould et al. 2007, pp. 29-31, Martinuzzi et al. 2007, p. 294), it is
not known how much of these lands currently contain habitat suitable
for the elfin-woods warbler.
Conservation Efforts To Reduce the Present or Threatened Destruction,
Modification, or Curtailment of Its Habitat or Range
In 2014, the Service developed a candidate conservation agreement
(CCA) with USFS and PRDNER to promote the conservation of the elfin-
woods warbler. The purpose of the CCA is to implement measures to
conserve, restore, and improve the elfin-woods warbler's habitat and
populations within EYNF and MCF (Service 2014, p. 6). The CCA provides
that PRDNER and USFS will promote, develop, and implement the best
management practices to avoid any potential threat to suitable and
occupied elfin-wood warbler habitat and populations. It also provides
that both agencies will implement restoration and habitat enhancement
efforts within degraded areas of EYNF and MCF. The agencies will also
(1) determine the habitat use, movement, and activity patterns of the
species; (2) design and establish long-term population monitoring
programs; and (3) develop outreach and education programs to improve
mechanisms to promote habitat conservation and restoration within
private lands adjacent to both forests.
Although the elfin-woods warbler also occurs on privately owned
lands adjacent to MCF that are not covered by the CCA, these areas are
part of a habitat restoration initiative in southwestern Puerto Rico
implemented by the Service since 2010, through the Partners for Fish
and Wildlife (PFW) and Coastal (CP) Programs. The PFW and CP are
voluntary programs that provide technical and financial assistance to
landowners to implement restoration and conservation practices on their
lands for a particular amount of time. These programs promote the
restoration of degraded habitat that was likely occupied by the species
before the conversion to agricultural lands and that may be restored as
suitable elfin-woods warbler habitat in the future. In some cases,
occupied suitable habitat for the species is enhanced and protected
through cooperative agreements with the private landowners.
Between 2010 and 2014, a total of 522 ha (1,290 acres) of degraded
tropical upland forest and 21 km (13 miles) of riparian buffers have
been restored and conserved through these programs in collaboration
with the Natural Resources Conservation Service (NRCS), Farm Service
Agency (FSA), PRDNER, Envirosurvey Inc. (a local nongovernmental
organization), and other partners. Although this initiative promotes
the restoration and enhancement of degraded habitat adjacent to the MCF
and may potentially provide suitable habitat for the elfin-woods
warbler, challenges such as limited resources and uncertainty about
landowner participation may affect the implementation of management
practices that mitigate impacts of agricultural practices.
Summary of Factor A
The elfin-woods warbler's restricted distribution makes it
vulnerable to habitat destruction and modification.
[[Page 40541]]
The majority of extant elfin-woods warbler populations occur on public
lands managed for conservation purposes where activities that may
affect the species or its habitat are regulated, and measures to
minimize or avoid those impacts are being implemented based on
management plans or agencies' management mandates. The elfin-woods
warbler has been reported on private lands only outside MCF. Private
lands adjacent to EYNF have not been surveyed, and recent surveys
conducted within the CCF and adjacent private lands did not detect the
elfin-woods warbler (Aide and Campos 2016). Nonetheless, the
agricultural activities and development projects on private lands
adjacent to EYNF, MCF, and CCF may result in the loss or fragmentation
of habitat that may be suitable for the species as has been suggested
by some researchers. Therefore, we believe that habitat curtailment or
modification is a threat to the elfin-woods warbler.
Factor B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Based on the available information, overutilization has not been
documented as a threat to the elfin-woods warbler.
Factor C. Disease or Predation
Delannoy (2009, p. 2) indicated that the Puerto Rican sharp-shinned
hawk (Accipiter striatus venator) infrequently preys on the elfin-woods
warbler. Other potential elfin-woods warbler nest predators may include
the pearly-eyed thrasher, Puerto Rican tanager, Puerto Rican screech
owl, Puerto Rican boa, Puerto Rican racer, and feral cat (Delannoy
2009, p. 2). Additionally, Arroyo-V[aacute]zquez (1992, p. 364) noted
that the Indian mongoose and black rat are potential egg and nestling
predators. Nonetheless, we are not aware of any scientific or
commercial information that predation of elfin-woods warblers is having
an adverse effect on the species, and therefore we believe that
predation is not a threat to the elfin-woods warbler. Similarly, we
have no evidence of any disease affecting the species.
Factor D. The Inadequacy of Existing Regulatory Mechanisms
In 1999, the Commonwealth of Puerto Rico approved Law No. 241-1999,
known as the New Wildlife Law of Puerto Rico (Nueva Ley de Vida
Silvestre de Puerto Rico). The purpose of this law is to, among other
things, protect, conserve, and enhance both native and migratory
wildlife species; declare as property of Puerto Rico all wildlife
species within its jurisdiction; issue permits; regulate hunting
activities; and regulate exotic species. In 2004, the Commonwealth of
Puerto Rico approved the Regulation Governing the Management of
Vulnerable and Endangered Species on the Commonwealth of Puerto Rico
(Regulation 6766; 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 prohibits collecting,
killing, or harming species listed under Territorial law, as well as
possessing, transporting, or selling items derived from listed species,
and requires authorization from the PRDNER Secretary for any action
that may affect designated critical habitat of listed species under
this regulation (Departamento de Recursos Naturales y Ambientales 2004,
pp. 9, 18). In 2004, the Commonwealth of Puerto Rico included the
elfin-woods warbler in Regulation 6766 as a ``vulnerable species'' (a
species that, although is not listed as endangered or critically
endangered, faces a high risk of extinction in a foreseeable future).
In addition to laws that specifically protect the elfin-woods
warbler, MCF and CCF are protected under Puerto Rico's Forests Law (Law
No. 133-1975; Ley de Bosques de Puerto Rico), as amended in 2000, which
prohibits causing damage to and collection of flora and fauna in public
forests. Moreover, all Commonwealth forests are designated as Critical
Wildlife Areas (CWA) by PRDNER. The CWA designation constitutes a
special recognition by this agency with the purpose of providing
information to other Commonwealth and Federal agencies about the
conservation needs of these areas, and assisting permitting agencies in
precluding negative impacts as a result of permit approvals or
endorsements (PRDNER 2005, p. 6).
The Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703-712) provides
protection for the elfin-woods warbler, which is defined as a migratory
bird under the MBTA. The MBTA makes it unlawful to pursue; hunt; take;
capture; kill; attempt to take, capture, or kill; possess; offer for
sale; sell; offer to barter; barter; offer to purchase; purchase;
deliver for shipment; ship; export; import; cause to be shipped,
exported, or imported; deliver for transportation; transport or cause
to be transported; carry or cause to be carried; or receive for
shipment, transportation, carriage, or export, any migratory bird, or
any part, nest, or egg of such bird, or any product, whether or not
manufactured, which consists of, or is comprised in whole or part, of
any such bird, or any part, nest, or egg thereof. However, no
provisions in the MBTA prevent habitat destruction unless direct
mortality or destruction of active nests occurs.
Finally, the elfin-woods warbler co-occurs with other species that
are listed under the Act. In the EYNF, the species co-occurs with the
Puerto Rican sharp-shinned hawk (Accipiter striatus venator), Puerto
Rican boa, Puerto Rican broad-winged hawk (Buteo platypterus
brunnescens), Puerto Rican parrot (Amazona vittata), and several
federally listed plants: Styrax portoricensis, uvillo (Eugenia
haematocarpa), Lepanthes eltoroensis, chupacallos (Pleodendron
macranthum), capa rosa (Callicarpa ampla), palo colorado (Ternstroemia
luquillensis), Ternstroemia subsessilis, and Ilex sintenisii. In the
MCF, the species co-occurs with the Puerto Rican sharp-shinned hawk,
Puerto Rican boa, and several federally listed plants: Cranichis
ricartii, Gesneria pauciflora, palo de rosa (Ottoschulzia rhodoxylon),
palo colorado (Ternstroemia luquillensis), higuero de sierra
(Crescentia portoricensis), and Cordia bellonis. Because of the
occurrence of these federally listed species within the same habitat
where the elfin-woods warblers occurs, any Federal action, funding, or
permit within these forests or in private lands adjacent to these
forests that may affect these listed species requires a section 7
consultation under the Act. Therefore, the elfin-woods warbler may
benefit from indirect protection of these listed species (i.e.,
implementation of habitat restoration practices and habitat
protection).
Summary of Factor D
Based on the information currently available to us, the Federal and
Commonwealth regulatory mechanisms are being implemented and are
functioning as designed. Lack of enforcement of these laws and
regulations has not been identified as having a negative impact to the
species or exacerbating other negative effects to the species.
Therefore, we do not find existing regulations to be inadequate.
Factor E. Other Natural or Manmade Factors Affecting Its Continued
Existence
Hurricanes and the Effects of Climate Change
The geographic location of islands in the Caribbean Sea makes them
prone to hurricane impacts (Wiley and Wunderle 1993, p. 320). In fact,
the frequency of hurricane occurrences is higher in the
[[Page 40542]]
southeastern United States and the Caribbean than other regions of the
world (Wiley and Wunderle 1993, p. 320). Hurricanes can have both
direct and indirect effects on bird populations, which may determine
the characteristics of local avifauna (Wauer and Wunderle 1992, p. 656;
Wunderle et al. 1992, p. 323). Arendt et al. (2013, p. 2) suggested
that catastrophic weather events such as hurricanes can negatively
affect the elfin-woods warbler due to its restricted distribution and
low number of individuals. Some species may cope with hurricane-induced
changes by selecting different prey items, while others may switch
their foraging behavior and locations (Wauer and Wunderle 1992, p. 657;
Wunderle et al. 1992, pp. 323-326).
The frequency of hurricane-induced damage equivalent to F3 (severe)
on the Fujita scale (Fujita 1971) is at least three times greater in
the northeastern quadrant of Puerto Rico, where EYNF and CCF are
located, compared to the rest of the island (White et al. 2014, p. 30).
In contrast, the western side of Puerto Rico, where MCF is located, is
subject to different hurricane trajectories and risks than the eastern
portion of the island (White et al. 2010, p. 16). For example, in 1998,
Hurricane Georges struck MCF, which previously had been spared from
hurricanes since 1932 (Tossas 2006, p. 81). Hence, studies of the
effects of hurricanes on bird populations in Puerto Rico are limited to
the northeastern region and little is known about how bird species are
affected elsewhere on the island (Tossas 2006, p. 81).
Delannoy (2007, p. 24) suggested that elfin-woods warbler
populations at MCF appeared to be stable. However, studies conducted
from 1989 to 2006 at EYNF documented a declining trend in the elfin-
woods warbler population during the study period (Arendt et al. 2013,
pp. 8-9). Arendt et al. (2013, p. 8) stated that this documented
downward population trend could be related to intrinsic causes (e.g.,
physiological, genetic). Nonetheless, they further suggest that it is
more likely that natural habitat conversion and degradation, resulting
from cyclonic events, are playing an important role in the species'
decline at EYNF. Direct effects of hurricanes on habitat include
massive defoliation, snapped and wind-thrown trees, massive tree
mortality, and landslides (Lugo 2008, p. 368). For example, Hurricane
Hugo (1989) and Hurricane Georges (1998) caused extensive damage in
EYNF, which damage may have adversely impacted the elfin-woods
warbler's primary habitat (Arendt et al. 2013, pp. 8-9). Arroyo (1991,
p. 55) noted that the species was not recorded during 1990 from areas
it was reported from previously at EYNF. This forest was heavily
damaged by Hurricane Hugo, with more than 80 percent of the forest
completely defoliated (Boucher 1990, p. 164). In contrast, at the MCF,
Arroyo (1991, pp. 55-56) recorded an apparent vertical migration
pattern of the species during months of heaviest rains. Moreover,
Tossas (2006, p. 84) found that the elfin-woods warbler was one of two
species that recovered within a year to pre-hurricane population levels
after Hurricane Georges. This finding suggested that warblers abandoned
defoliated sites immediately after the hurricane and shifted to
protected patches with adequate foraging substrate and prey until the
defoliated sites recovered (Tossas 2006, p. 84). Arendt et al. (2013,
p. 9) indicated that these contrasting findings may be the result of
disproportionate damage caused by storms in the respective forests.
Moreover, the landscape at EYNF is different from that of the MCF in
that at EYNF there is no continuous forested vegetation beyond the
forest boundaries mainly due to conversion of agricultural lands and
lowland broadleaf forests to urbanized areas (Lugo et al. 2004, p. 29).
Therefore, the probability of dispersion to undamaged areas within and
outside EYNF could be reduced for the elfin-woods warbler depending on
the damages to the vegetation. The lack of suitable habitat around the
EYNF also reduces the probability of elfin-woods warbler re-
colonization from the MCF, which is 150 km (93 mi) away (Arendt et al.
2013, p. 2).
As discussed above, Anad[oacute]n-Irizarry (2006, p. 54), Delannoy
(2007, p. 24), and Anad[oacute]n-Irizarry (2014, pers. comm.) have
suggested the elfin-woods warbler no longer exists within CCF.
P[eacute]rez-Rivera (2014, pers. comm.) has suggested that the habitat
modification caused by Hurricane Hugo and Hurricane Georges at CCF may
have had a negative effect on the elfin-woods warbler. However, he
acknowledged that before concluding the species was extirpated from the
forest due to these climatological events, a formal and extensive
survey should be conducted to include nontraditional areas within and
outside of CCF (P[eacute]rez-Rivera 2014, pers. comm.). He suggested
hurricanes might be detrimental to low densities and habitat-
specialized species, but at the same time might benefit insectivorous
species like the elfin-woods warbler. In 1989, a month after Hurricane
Hugo, P[eacute]rez-Rivera (1991, pp. 474-475) recorded the Antillean
euphonia (Euphonia musica) shifting its feeding and foraging behavior
in CCF as a result of the habitat disturbance following the hurricane.
Some authors (i.e., Wauer and Wunderle 1992, p. 657; Wunderle et al.
1992, pp. 323-326) have suggested that the frequency of hurricanes in
the Caribbean may be determining some of the characteristics of the
local avifauna, such as the shifting into new habitats due to
hurricane-induced changes.
Hurricanes can have positive effects on forest and bird ecology by
temporarily increasing forest productivity (Wiley and Wunderle 1993, p.
337), particularly for species with ample distribution (White et al.
2014, p. 31). However, the immediate negative effects of these powerful
atmospheric events for a species with demographically vulnerable
populations, such as the elfin-woods warbler, outweigh the benefits
accrued via short-term primary productivity of vegetation (White et al.
2014, p. 31). This might explain the declining elfin-woods warbler
population trend documented by Arendt et al. (2013, pp. 8-9) at EYNF.
Studies predict an increase in hurricane intensity in the Atlantic,
with higher wind speeds and greater amounts of precipitation, but a
reduction in the overall number of storms (Jennings et al. 2014, p. 8).
As mentioned above, hurricanes may result in direct negative effects to
the species and its habitat.
Based on the above information, it is possible that the elfin-woods
warbler could experience local extinction due to these catastrophic
weather events. While the species appears to have the ability to
temporarily move to undisturbed areas and survive in MCF, such
dispersal ability has not been documented at EYNF. Having two
geographically separate populations on both ends of Puerto Rico may
benefit the elfin-woods warbler since, based on the history of
hurricanes striking the island, it is unlikely for both EYNF and MCF to
be impacted by the same weather system at once. However, the fact that
there are only two known populations left makes the species more
vulnerable to extinction if one is lost due to a catastrophic weather
event. It is important to note, however, that there are no specific
studies corroborating hurricanes as a main cause of elfin-woods warbler
population declines at EYNF and MCF, nor that hurricanes caused the
apparent extirpation of the species from CCF.
Regarding climate, general long-term changes have been observed,
including changes in amount of precipitation, wind patterns, and
extreme weather
[[Page 40543]]
events (e.g., droughts, heavy precipitation, heat waves, and the
intensity of tropical cyclones) (Intergovernmental Panel on Climate
Change (IPCC) 2007, p. 30). For example, projected decreases in
precipitation in the Caribbean suggest drier wet seasons, and even
drier dry seasons (Jennings et al. 2014, p. 1).
As previously mentioned, the elfin-woods warbler is currently known
only from specific habitat types at EYNF and MCF, which makes the
species susceptible to the effects of climate change. It has been
stated that higher temperatures, changes in precipitation patterns, and
any alteration in cloud cover will affect plant communities and
ecosystem processes in EYNF (Lasso and Ackerman 2003, pp. 101-102). In
fact, the distribution of tropical forest life zones in the Caribbean
is expected to be altered due to both intensified extreme weather
events and progressively drier summer months (Wunderle and Arendt 2011,
p. 44). At EYNF, such alteration may allow low-elevation Tabonuco
forest species to colonize areas currently occupied by Palo Colorado
forest (Scatena and Lugo1998, p. 196). Dwarf forests at EYNF also are
very sensitive to the effects of climate change because of their
occurrence in narrowly defined environmental conditions (Lasso and
Ackerman 2003, p. 95). Dwarf forest epiphytes may experience moisture
stress due to higher temperatures and less cloud cover with a rising
cloud base, affecting epiphyte growth and flowering (Nadkarni and
Solano 2002, p. 584). As previously mentioned, both the Palo Colorado
and Dwarf forests have been reported to have the highest elfin-woods
warbler mean abundance (Anad[oacute]n-Irizarry 2006, p. 24). Although
the available information predicting changes in habitat due to the
effects of climate change pertains to EYNF, similar changes would be
expected for the MCF and CCF, which lies within two of the same life
zones as EYNF.
As indicated above, such climate changes are likely to alter the
structure and distribution of the habitat used by the elfin-woods
warbler. According to Arendt et al. (2013, p. 9), approximately 50
percent of the Caribbean birds show medium to high vulnerability to the
effects of climate change. Based on that information, species that are
dependent on specific habitat types, and that have limited distribution
or have become restricted in their range, like the elfin-woods warbler,
will be most susceptible to the effects of climate change. However,
while continued change is expected, the magnitude and rate of that
change is unknown in many cases. In tropical and subtropical forests,
significant knowledge gaps exist in predicting the response of natural
systems to the effects of climate change, and uncertainties exist with
studies forecasting trends in climate (Jennings et al. 2014, p. 33).
Moreover, regionally downscaled climate models projecting temperature
and precipitation patterns at fine scales are not readily available for
locations within the Caribbean region, including Puerto Rico (Jennings
et al. 2014, p. 33). While existing large-scale global climate models
are useful in determining potential future trends (Angeles et al. 2007,
p. 556), the lack of fine-scale data in Puerto Rico's mountainous
regions is especially troublesome, as variations in climate with
elevation over short horizontal distances cannot be captured by
existing climate models, especially in predictions of extreme events
(Meehl et al. 2007, p. 477).
Human-Induced Fires
Fires are not part of the natural processes for subtropical and
moist forests in Puerto Rico (Santiago-Garcia et al. 2008, p. 604). In
fact, M[eacute]ndez-Tejeda et al. (2015, p. 363) concluded that the
majority of forests fires in Puerto Rico are produced by human actions.
However, as annual rainfall decreases over time in the Caribbean
region, longer periods of drought are expected in the future (Breshears
et al. 2005, pp. 146-147; Larsen 2000, pp. 510-512). In 2000, Flannigan
et al. (2000, pp. 225-226) projected an increase of the global fire
occurrence over the next century due to the effects of climate change.
In Puerto Rico, historical evidence suggests fire frequency is
increasing (Burney et al. 1994, p. 277; Robbins et al. 2008, pp. 530-
531). Moreover, the interactions between climate warming and drying,
and increased human development, are considered to have the potential
to increase the effects of fires (Robbins et al. 2008, pp. 530-531).
In EYNF, CCF, and adjacent lands, fires are not considered common.
The tropical rain and moist forest conditions of EYNF and CCF (i.e.,
average annual rainfall of 304.8 cm (120 in) or more) and the very high
humidity during most of the year are not conditions conducive to fires
as they are in the dry, temperate climates encountered in other
regions. The last fire incident in EYNF, recorded in 1994, was
categorized as a ``minimal fire'' that was quickly controlled by USFS
staff (USFS 2015, no page number). In the CCF area, fires are
considered human-induced and occur in a low frequency along the road
PR-184 (Monsegur 2015, pers. comm.). Although the road-side fires are
considered minimal, they have the potential to extend to forested lands
within CCF and adjacent private lands affecting suitable elfin-woods
warbler habitat.
In the Maricao area (i.e., Municipalities of Sabana Grande and San
Germ[aacute]n), fires occur more frequently on the southern dry slopes
of MCF and adjacent private lands, particularly during the dry season
(Avila 2014, pers. comm.). Human-induced fires modify the landscape and
ecological conditions of the habitat by promoting growth of nonnative
trees and grasses (Brandeis and Woodall 2008, p. 557). These landscape
modifications may reduce the quality and quantity of potential elfin-
woods warbler habitat. Moreover, these fires alter the habitat,
decreasing the ability of the species to disperse to other forested
habitats. Although the primary habitat for the species in MCF (i.e.,
Podocarpus forest) (Gonz[aacute]lez 2008, pp. 20-21) is not prone to
fire disturbance because it is located on the highest peaks within the
lower montane wet forest life zone, suitable habitat at lower
elevations might be in danger if these fires extend to forested lands
within the forest or private lands. Severe fires in moist tropical
forests have the potential to alter microclimates, allowing atypical
forest species to invade, increasing the chance of recurrent fires
(Sherman et al. 2008, p. 536).
Conservation Efforts To Reduce Other Natural or Manmade Factors
Affecting the Continued Existence of the Species
As discussed under Factor A above, the Service, USFS, and PRDNER
signed a CCA in 2014, to implement strategic conservation actions. In
the context of Factor E, these actions include the development and
implementation of programmatic reforestation and habitat enhancement
efforts within areas degraded by hurricanes to improve the recovery of
the elfin-woods warbler within EYNF and MCF (Service 2014, pp. 18-19).
Additionally, the CCA will help develop and design studies to gather
information on the elfin-woods warbler (e.g., habitat needs, habitat
use, movement and activity patterns, responses to biotic and abiotic
factors, and genetic variation) in order to better design and implement
conservation strategies for the recovery of the species.
Summary of Factor E
Based on the information available and limited distribution of the
elfin-woods warbler, we believe that this species is currently
threatened by natural or manmade factors such as
[[Page 40544]]
hurricanes and human-induced fire. The effects of climate change may
exacerbate these threats by increasing intensity and frequency of
hurricanes and environmental effects, although information is lacking
on the specific extent of these effects. Thus, we consider these other
natural and manmade factors to be threats to this species.
Determination
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to elfin-woods warbler. Current available information indicates that
the elfin-woods warbler has a limited distribution, with only two known
populations occurring within EYNF and MCF, including the private lands
adjacent to MCF, and at least one possibly extirpated population from
CCF. As discussed in the Summary of Factors Affecting the Species
section of this rule, threats to the elfin-woods warbler include loss,
fragmentation, and degradation of habitat on private lands adjacent to
MCF (Factor A). Some of these lands are subjected to habitat
modification caused by unsustainable agricultural practices (i.e., sun-
grown coffee plantations), small residential development, and livestock
related activities. Moreover, the increase of urban development on
private lands adjacent to EYNF and CCF has also negatively affected
suitable elfin-woods warbler habitat around these forests. The
activities result in the elimination of native forest, thus reducing
the suitable habitat available and the habitat value for the elfin-
woods warbler.
Other natural or manmade factors (i.e., hurricanes, the effects of
climate change, human-induced fires; Factor E) also have been
identified as threats to the species. There are only two known
remaining populations making the species more vulnerable to extinction
if one population is lost due to a catastrophic weather event. The
effects of climate change also are expected to alter the structure and
distribution of the habitat used by the elfin-woods warbler, which may
be particularly susceptible because of the limited distribution and
specific forest types used by the species. Human-induced fires have
been reported in the Maricao area mostly within the lower southern
slopes of the MCF and adjacent private lands, particularly during the
dry season, and occasionally in the CCF area. Habitat disturbance
caused by human-induced fires may also affect the ability of the
species to disperse to other forested habitats.
The Act defines an endangered species as any species that is ``in
danger of extinction throughout all or a significant portion of its
range'' and a threatened species as any species ``that is likely to
become endangered throughout all or a significant portion of its range
within the foreseeable future.'' We find that the elfin-woods warbler
is not presently in danger of extinction throughout its entire range
based on the low to moderate severity and non-immediacy of threats
currently impacting the species. The available information indicates
that elfin-woods warbler populations appear to be stable in MCF and
that there are no immediate threats precipitating a demographic decline
of the elfin-woods warbler in that forest. In Maricao, the species has
been reported adjacent to the Commonwealth forest in shade-grown coffee
plantations, demonstrating that the species may tolerate some degree of
habitat disturbance. At EYNF, the most current information reported a
declining trend of the elfin-woods warbler population, mainly
attributed to hurricanes striking that forest. However, there are no
specific studies corroborating that hurricanes are in fact the main
cause of elfin-woods warbler population declines at EYNF and other
factors may be influencing the decline (e.g., population low densities
and patchy spatial arrangement). Although the species appears to be
stable at the MCF, it may be declining at EYNF and extirpated from CCF.
The cumulative effects of habitat modification by human actions (e.g.,
unsustainable agricultural practices) and natural events such as
hurricanes would make the two known populations more vulnerable to
extinction due to their restricted distribution, limited population
numbers, and specific ecological requirements. Therefore, on the basis
of the best available scientific and commercial information, we list
the elfin-woods warbler as threatened in accordance with sections 3(20)
and 4(a)(1) of the Act. We find that an endangered species status is
not appropriate for elfin-woods warbler because the species is not
currently in imminent danger of extinction throughout all of its range.
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. Recognition through listing results in public awareness, and
conservation by Federal, State, Tribal, and local agencies; private
organizations; and individuals. The Act encourages cooperation with the
States and other countries and calls for recovery actions to be carried
out for listed species. The protection 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 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 calls for 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 ecosystems.
Recovery planning includes the development of a recovery outline
shortly after a species is listed and preparation of a draft and final
recovery plan. The recovery outline guides the immediate implementation
of urgent recovery actions and describes the process to be used to
develop a recovery plan. The plan may be revised 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.
Recovery teams (composed of species experts, Federal and State
agencies, nongovernmental organizations, and stakeholders) are often
established to develop recovery plans. When completed, the recovery
outline, draft recovery plan, and the final recovery plan will be made
available on our Web site (http://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, Tribes, nongovernmental organizations, businesses,
and private landowners.
[[Page 40545]]
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. To achieve
recovery of these species requires cooperative conservation efforts on
private, State, and Tribal lands.
Following publication of this final listing rule, funding for
recovery actions will be available from a variety of sources, including
Federal budgets, State programs, and cost share grants for non-Federal
landowners, the academic community, and nongovernmental organizations.
In addition, pursuant to section 6 of the Act, the Commonwealth of
Puerto Rico would be eligible for Federal funds to implement management
actions that promote the protection or recovery of the elfin-woods
warbler. Information on our grant programs that are available to aid
species recovery can be found at: http://www.fws.gov/grants.
Please let us know if you are interested in participating in
recovery efforts for this species. Additionally, we invite you to
submit any new information on this species whenever it becomes
available and any information you may have for recovery planning
purposes (see FOR FURTHER INFORMATION CONTACT).
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as an
endangered or threatened species and with respect to its critical
habitat, if any is designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7 (a)(1) of the Act directs all Federal agencies to
``utilize their authorities in furtherance of the purposes of the Act
by carrying out programs for the conservation of'' endangered and
threatened species. 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 any endangered
or threatened species or destroy or adversely modify its critical
habitat. If a Federal action may affect a listed species or its
critical habitat, the responsible Federal agency must enter into
consultation with the Service.
Federal agency actions within the species' habitat that may require
consultation as described in the preceding paragraph include management
and any other landscape-altering activities on Federal lands
administered by the USFS; issuance of section 404 Clean Water Act (33
U.S.C. 1251 et seq.) permits by the U.S. Army Corps of Engineers; and
construction and maintenance of roads or highways by the Federal
Highway Administration.
4(d) Rule
Under section 4(d) of the Act, the Service has discretion to issue
regulations that we find necessary and advisable to provide for the
conservation of threatened wildlife. We may also prohibit by
regulation, with respect to threatened wildlife, any action prohibited
by section 9(a)(1) of the Act for endangered wildlife. 50 CFR 17.31(a)
applies all the general prohibitions for endangered wildlife set forth
at 50 CFR 17.21 to threatened wildlife; 50 CFR 17.31(c) states that
whenever a 4(d) rule applies to a threatened species, the provisions of
Sec. 17.31(a) do not apply to that species. Permit provisions for
threatened species are set forth at 50 CFR 17.32.
Some activities that would normally be prohibited under 50 CFR
17.31 and 17.32 will contribute to the conservation of the elfin-woods
warbler because habitats within some of the physically degraded private
lands adjacent to elfin-woods warbler existing populations must be
improved before they are suitable for the species. Therefore, for the
elfin-woods warbler, the Service has determined that species-specific
exceptions authorized under section 4(d) of the Act are necessary and
advisable to promote the conservation of this species.
As discussed above in the Summary of Factors Affecting the Species
section of this listing rule, threats to the species include loss,
fragmentation, and degradation of habitat due to unsustainable
agricultural practices and land use requiring vegetation clearance.
Agricultural practices occurring on private lands adjacent to MCF,
especially those involving habitat modification (e.g., deforestation
and conversion of shade-grown coffee to sun-grown coffee plantations),
can result in vegetation removal and habitat alteration, thereby
degrading habitats used by the elfin-woods warbler for feeding,
sheltering, and reproduction.
The private lands surrounding MCF are considered the most active
coffee production lands in Puerto Rico. Sun-grown coffee plantations
adjacent to MCF were converted several decades ago, resulting in the
elimination of native forest overstory, reducing the habitat value for
wildlife, including the elfin-woods warbler. Although the majority of
the coffee-related agricultural lands were converted to sun-grown
coffee plantations, several parcels of land surrounding MCF are
currently part of a multi-agency habitat restoration initiative in
southwestern Puerto Rico implemented by the Service and NRCS since
2010, through the PFW, CP, and U.S. Department of Agriculture Farm Bill
Programs. Activities that improve or restore physical habitat quality,
such as the conversion of sun-grown coffee to shade-grown coffee,
reforestation with native trees, riparian buffering, and forested
habitat enhancement (i.e., exotic species removal, and native tree
planting), would have a positive effect on elfin-woods warbler
populations and would provide an overall conservation benefit to the
species. The NRCS conservation practices promoted under this initiative
are the Multi-Story Cropping (Practice 379) and Tree/Shrub
Establishment (Practice 612) (USFWS 2011). The Multi-Story Cropping
practice promotes the establishment of stands of trees or shrubs that
are managed as overstory with an understory of woody and/or non-woody
plants that are grown for a variety of products. The purpose of this
practice is to improve crop diversity by growing mixed but compatible
crops having different heights in the same area. This will improve soil
quality, reduce erosion, enhance degraded areas, and provide habitat
for wildlife species such as the elfin-woods warbler. The Tree/Shrub
Establishment Practice promotes the establishment of woody plants by
planting seedlings or cuttings, direct seeding, or natural
regeneration. The purpose is to promote forest products such as timber,
wildlife habitat, long-term erosion control, and improvement of water
quality, and to improve or restore natural diversity.
Provisions of the 4(d) Rule
Under this 4(d) rule, all of the prohibitions set forth at 50 CFR
17.31 and 17.32 apply to the elfin-woods warbler, except that
incidental take caused by the following activities conducted within
habitats currently occupied by the elfin-woods warbler on private,
Commonwealth, and Federal lands would not be prohibited, provided those
activities both abide by the conservation measures in the rule and are
conducted in accordance with applicable Commonwealth, Federal, and
local laws and regulations:
(1) The conversion of sun-grown coffee to shade-grown coffee
plantations by the restoration and maintenance (i.e., removal of
invasive, exotic, and feral species; shade and coffee tree seasonal
pruning; shade and coffee tree planting and replacement; coffee bean
harvest by
[[Page 40546]]
hands-on methods; and the use of standard pest control methods and
fertilizers within the plantations) of shade-grown coffee plantations
and native forests associated with this type of crop. To minimize
disturbance to the elfin-woods warbler, shade and coffee tree seasonal
pruning must be conducted between September 1 and February 28, which is
outside the peak of the elfin-woods warbler's breeding season. The
Service considers the use of pest control methods (e.g., pesticides,
herbicides) and fertilizers ``standard'' when it is used only twice a
year during the establishment period of shade and coffee trees (i.e.,
the first 2 years). During this period, the structure of the
agroforestry system is not mature enough to sustain the occurrence of
elfin-woods warblers within these areas.
Once the shade-grown coffee system reaches its full functionality
and structure (i.e., 3 to 4 years), few or no chemical fertilizers,
herbicides, or pesticides are required, and their use would be
restricted under the 4(d) rule. This is the time period when the shade-
grown coffee system is mature enough to support the presence of
wildlife species. Researchers have found that the number of species of
birds in coffee plantations with structurally and floristically diverse
canopies is similar to the number of species in natural forest habitat
and is higher than other agricultural landscapes without trees
(Perfecto et al. 1996, pp. 603-605).
The restoration of agricultural lands due to the planting of native
trees to provide shade to coffee trees or by selective removal of
exotic species creates physically stable and suitable habitats for the
elfin-woods warbler. Moreover, the cultivation of shade-grown coffee
has many other ecological and human-health benefits such as the
reduction of soil erosion, moderation of soil temperatures, and reduced
need for fertilizers and pesticides (Borkhataria et al. 2012, p.168).
Therefore, restoration, conservation, and protection of shade-grown
coffee plantations would provide suitable habitat for the feeding,
sheltering, and reproduction activities of this species and may provide
habitat to promote the elfin-woods warblers' dispersal and
recolonization of lands adjacent to the existing populations.
(2) Riparian buffer establishment through the planting of native
vegetation and removal of exotic species may improve the habitat
conditions of Gallery forests along the sub-watersheds associated with
lands adjacent to the elfin-woods warbler's existing populations.
Gallery forests serve as biological corridors that maintain
connectivity between forested lands and associated agricultural lands,
reducing the fragmentation in the landscape.
(3) Reforestation and forested habitat enhancement projects within
secondary forests (i.e., young and mature) that promote the
establishment or improvement of habitat conditions for the species by
the planting of native trees, selective removal of native and exotic
trees, seasonal pruning of native and exotic trees, or a combination of
these.
The intent of these exceptions is to provide incentive for
landowners to carry out these activities in a manner which we believe
will provide benefits to the species such as: (1) Maintaining
connectivity of suitable elfin-woods warbler habitats, allowing for
dispersal between forested and agricultural lands; (2) minimizing
habitat disturbance by conducting certain activities outside the peak
of the elfin-woods warbler's breeding season (i.e., pruning between
September 1 to February 28); (3) maximizing the amount of habitat that
is available for the species; and (4) improving habitat quality. While
these activities may cause some temporary disturbance to the elfin-
woods warbler or its habitat, we do not expect these activities to
adversely affect the species' conservation efforts. In fact, we expect
they will have a net beneficial effect on the species.
Based on the rationale above, the provisions included in this rule
authorized under section 4(d) of the Act are necessary and advisable to
provide for the conservation of the elfin-woods warbler. Nothing in
this 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 elfin-woods warbler.
We may issue permits to carry out otherwise prohibited activities
involving threatened wildlife under certain circumstances. Under
regulations governing permits for threatened wildlife species, which
are codified at 50 CFR 17.32, a permit may be issued for the following
purposes: For scientific purposes, to enhance the propagation or
survival of the species, economic hardship, zoological exhibition,
educational purposes, and for incidental take in connection with
otherwise lawful activities. There are also certain statutory
exemptions from the prohibitions, which 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 (for this species, those
section 9 prohibitions that would be adopted through the 4(d) rule).
The intent of this policy is to increase public awareness of the effect
of a final listing on proposed and ongoing activities within the range
of a 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) Activities authorized, funded, or carried out by Federal or
Commonwealth agencies (e.g., expansion or construction of communication
facilities; expansion of recreational facilities; pipeline
construction; bridge construction; road rehabilitation and maintenance;
expansion, construction, or maintenance of aqueduct facilities; habitat
management; Federal and Commonwealth trust species reintroductions;
trail maintenance; camping areas maintenance; research, repair, and
restoration of landslides; etc.), when such activities are conducted in
accordance with the consultation and planning requirements for listed
species under section 7 of the Act; and
(2) Agricultural and silviculture practices implemented within
existing agricultural lands (i.e., degraded habitat not suitable for
the species) other than sun- to shade-grown coffee conversion and
maintenance, including herbicide, pesticide, and fertilizer use outside
of coffee plantations, which are carried out in accordance with any
Commonwealth and Federal existing regulations, permit and label
requirements, and best management practices.
We believe the following activities may potentially result in a
violation of section 9 the Act. This list is not comprehensive:
(1) Unauthorized collecting or handling of the species;
(2) Destruction/alteration/fragmentation of habitat essential to
fulfilling the lifecycle of the species; and
(3) Introduction of nonnative species that compete with or prey
upon the elfin-woods warbler.
Questions regarding whether specific activities would constitute a
violation of section 9 of the Act should be directed to the Caribbean
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
[[Page 40547]]
Critical Habitat
Section 3(5)(A) of the Act defines critical habitat as (i) the
specific areas within the geographical area occupied by the species, at
the time it is listed on which are found those physical or biological
features (I) essential to the conservation of the species and (II)
which may require special management considerations or protection; and
(ii) specific areas outside the geographical area occupied by the
species at the time it is listed upon a determination by the Secretary
that such areas are essential for the conservation of the species.
Elsewhere in this issue of the Federal Register we have published a
proposed rule to designate critical habitat for the elfin-woods
warbler.
Required Determinations
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act, need not be prepared in connection with
listing a species as an endangered or threatened species under 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).
References Cited
A complete list of references cited in this rulemaking is available
on the Internet at http://www.regulations.gov and upon request from the
Caribbean Ecological Services Field Office (see FOR FURTHER INFORMATION
CONTACT).
Authors
The primary authors of this final rule are the staff members of the
Caribbean Ecological Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, we 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.
0
2. Amend Sec. 17.11(h) by adding an entry for ``Warbler, elfin-woods''
to the List of Endangered and Threatened Wildlife in alphabetical order
under BIRDS to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
------------------------------------------------------ population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Birds
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Warbler, elfin-woods............ Setophaga angelae.. U.S.A. (PR)........ Entire............. T 866 NA 17.41(e)
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
0
3. Amend Sec. 17.41 by adding paragraph (e) to read as follows:
Sec. 17.41 Special rules--birds.
* * * * *
(e) Elfin-woods warbler (Setophaga angelae). (1) Prohibitions.
Except as noted in paragraph (e)(2) of this section, all prohibitions
and provisions of 50 CFR 17.31 and 17.32 apply to the elfin-woods
warbler.
(2) Exemptions from prohibitions. Incidental take of the elfin-
woods warbler will not be considered a violation of section 9 of the
Act if the take results from any of the following when conducted within
habitats currently occupied by the elfin-woods warbler provided these
activities abide by the conservation measures set forth in this
paragraph (e) and are conducted in accordance with applicable State,
Federal, and local laws and regulations:
(i) The conversion of sun-grown coffee to shade-grown coffee
plantations by the restoration and maintenance (i.e., removal of
invasive, exotic, and feral species; shade and coffee tree seasonal
pruning; shade and coffee tree planting and replacement; coffee bean
harvest by hands-on methods; and the use of standard pest control
methods and fertilizers within the plantations) of shade-grown coffee
plantations and native forests associated with this type of crop. To
minimize disturbance to the elfin-woods warbler, shade and coffee tree
seasonal pruning must be conducted between September 1 and February 28,
which is the time period outside the peak of the elfin-woods warbler's
breeding season. The Service considers the use of pest control methods
(e.g., pesticides, herbicides) and fertilizers ``standard'' when it is
used only twice a year during the establishment period of shade and
coffee trees (i.e., the first 2 years). Once the shade-grown coffee
system reaches its functionality and structure (i.e., 3 to 4 years),
little or no chemical fertilizers, herbicides, or pesticides may be
used.
(ii) Riparian buffer establishment though the planting of native
vegetation and selective removal of exotic species.
(iii) Reforestation and forested habitat enhancement projects
within secondary forests (i.e., young and mature) that promote the
establishment or improvement of habitat conditions for the species by
the planting of native trees, selective removal of native and exotic
trees, seasonal pruning of native and exotic trees, or a combination of
these.
Dated: June 6, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-14540 Filed 6-21-16; 8:45 am]
BILLING CODE 4333-15-P