31972 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

Government-to-Government Relations 

with Native American Tribal 

Governments (59 FR 22951), E.O. 13175, 

and the Department of the Interior’s 

manual at 512 DM 2, we readily 

acknowledge our responsibility to 

communicate meaningfully with 

recognized Federal Tribes on a 

government-to-government basis. In 

accordance with Secretarial Order 3206 

of June 5, 1997 (American Indian Tribal 

Rights, Federal-Tribal Trust 

Responsibilities, and the Endangered 

Species Act), we readily acknowledge 

our responsibilities to work directly 

with Tribes in developing programs for 

healthy ecosystems, to acknowledge that 

Tribal lands are not subject to the same 

controls as Federal public lands, to 

remain sensitive to Indian culture, and 

to make information available to Tribes. 

We are aware of two water howellia 

occurrences that occur on Tribal lands; 

we have notified the Tribes that may be 

affected by this rule and offered 

government-to-government 

consultation. 

References Cited 

A complete list of all references cited 

in this rule is available on the internet 

at http://www.regulations.gov at Docket 

No. FWS–R6–ES–2018–0045, or upon 

request from the Montana Ecological 

Services Field Office (see FOR FURTHER

INFORMATION CONTACT). 

Authors 

The authors of this final rule are staff 

members of the Montana Ecological 

Services Field Office and field and 

regional offices in California, Colorado, 

Idaho, Oregon, and Washington. 

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 

■ 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. 

§ 17.12 [Amended] 

■ 2. Amend § 17.12(h) by removing the 

entry for ‘‘Howellia aquatilis’’ under 

FLOWERING PLANTS from the List of 

Endangered and Threatened Plants. 

Martha Williams, 

Principal Deputy Director, Exercising the 

Delegated Authority of the Director, U.S. Fish 

and Wildlife Service. 

[FR Doc. 2021–12522 Filed 6–15–21; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2019–0073; 

FF09E22000 FXES1113090FEDR 212] 

RIN 1018–BB83 

Endangered and Threatened Wildlife 

and Plants; Removal of Lepanthes 

eltoroensis From the Federal List of 

Endangered and Threatened Plants 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, are removing 

Lepanthes eltoroensis (no common 

name), an orchid species from Puerto 

Rico, from the Federal List of 

Endangered and Threatened Plants, due 

to recovery. This determination is based 

on a thorough review of the best 

available scientific and commercial 

information, which indicates that the 

threats to the species have been 

eliminated or reduced to the point that 

the species no longer meets the 

definition of an endangered or 

threatened species under the 

Endangered Species Act of 1973, as 

amended (Act). Accordingly, the 

prohibitions and conservation measures 

provided by the Act will no longer 

apply to this species. 

DATES: This rule is effective July 16, 

2021. 

ADDRESSES: The proposed and final 

rules, the post-delisting monitoring 

plan, and the comments received on the 

proposed rule are available on the 

internet at http://www.regulations.gov 

in Docket No. FWS–R4–ES–2019–0073. 

FOR FURTHER INFORMATION CONTACT: 

Edwin Mun ̃iz, Field Supervisor, U.S. 

Fish and Wildlife Service, Caribbean 

Ecological Services Field Office (see 

ADDRESSES, above). If you use a 

telecommunications device for the deaf 

(TDD), please call the Federal Relay 

Service at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Why we need to publish a rule. Under 

the Act, a species may be delisted (i.e., 

removed from the Federal Lists of 

Endangered and Threatened Wildlife 

and Plants (Lists)) if it is determined 

that the species has recovered and no 

longer meets the definition of an 

endangered or threatened species. 

Removing a species from the Lists can 

only be completed by issuing a rule. 

What this document does. This rule 

removes Lepanthes eltoroensis from the 

Federal List of Endangered and 

Threatened Plants, based on its 

recovery. 

The basis for our action. We may 

delist a species if we determine, after a 

review of the best scientific and 

commercial data, that: (1) The species is 

extinct; (2) the species does not meet the 

definition of an endangered species or a 

threatened species; or (3) the listed 

entity does not meet the statutory 

definition of a species (50 CFR 

424.11(e)). Here, we have determined 

that the species may be delisted because 

it no longer meets the definition of an 

endangered species or a threatened 

species, as it has recovered. 

Previous Federal Actions 

On March 10, 2020, we published in 

the Federal Register (85 FR 13844) a 

proposed rule to remove Lepanthes 

eltoroensis (no common name) from the 

Federal List of Endangered and 

Threatened Plants (List). Please refer to 

that proposed rule for a detailed 

description of previous Federal actions 

concerning this species. The proposed 

rule and supplemental documents are 

provided at http://www.regulations.gov 

under Docket No. FWS–R4–ES–2019– 

0073. 

Species Status Assessment Report 

A team of Service biologists, in 

consultation with other species experts, 

prepared a species status assessment 

(SSA) report for Lepanthes eltoroensis. 

The SSA report represents a 

compilation of the best scientific and 

commercial data available concerning 

the status of the species, including the 

impacts of past, present, and future 

factors (both negative and beneficial) 

affecting the species. We solicited 

independent peer review of the SSA 

report by five individuals with expertise 

in L. eltoroensis or similar epiphytic 

(i.e., a plant that grows on another plant 

for support but not for food) orchid 

species’ biology or habitat, or climate 

change. The final SSA, which supports 

this final rule, was revised, as 

appropriate, in response to the 


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comments and suggestions received 

from our peer reviewers. The SSA report 

and other materials relating to this rule 

can be found on the Service’s Southeast 

Region website at http://

www.regulations.gov under Docket No. 

FWS–R4–ES–2019–0073. 

Summary of Changes From the 

Proposed Rule 

In preparing this final rule, we 

reviewed and fully considered all 

comments we received during the 

comment period from the peer 

reviewers and the public on the 

proposed rule to delist Lepanthes 

eltoroensis. Minor, nonsubstantive 

changes and corrections were made 

throughout the document in response to 

comments. However, the information 

we received during the public comment 

period on the proposed rule did not 

change our determination that L. 

eltoroensis no longer meets the 

definition of endangered or threatened 

under the Act. 

Species Information 

A thorough review of the taxonomy, 

life history, and ecology of Lepanthes 

eltoroensis is presented in the SSA 

report (Service 2019, entire), which is 

available at http://www.regulations.gov 

under Docket No. FWS–R4–ES–2019– 

0073 and summarized in this final rule. 

Species Description 

Lepanthes eltoroensis is a member of 

a large genus of more than 800 orchid 

species. Approximately 118 species in 

this genus are from the Caribbean, and 

all but one are single-island endemics 

(Stimson 1969, p. 332; Barre and 

Feldmann 1991, p. 11; Tremblay and 

Ackerman 1993, p. 339; Luer 2014, p. 

260). This species is a small, epiphytic 

orchid about 1.57 inches (in.) (4 

centimeters (cm)) tall and is 

distinguished from other members of 

the genus by its obovate to oblanceolate 

leaves, ciliate sepals, and the length of 

the inflorescence (Vivaldi et al. 1981, p. 

26; Luer 2014, p. 260). The 

inflorescence is a small (0.03 in.; 0.75 

millimeters (mm)), peduncled raceme 

(flower cluster with flowers on separate 

short stalks) with reddish flowers. No 

more than two flowers are produced at 

the same time, and the flowers are open 

on the inflorescence for about 10 days 

(Mele ́ndez-Ackerman and Tremblay 

2017, p. 1). 

Life History 

We considere Lepanthes eltoroensis to 

be a single metapopulation, with the 

individual trees that host the L. 

eltoroensis plants as subpopulations, 

and the host tree aggregates as patches 

(Service 2019, p. 16). A number of 

characteristics (see below) indicate that 

a metapopulation approach may be 

appropriate to understand orchid 

population dynamics (see Service 2019, 

pp. 14–15) and epiphytic species (Snall 

et al. 2003, p. 567; Snall et al. 2004, p. 

758; Snall et al. 2005, pp. 209–210) like 

L. eltoroensis. Metapopulations are 

defined as a set of subpopulations with 

independent local dynamics occupying 

discrete patches (Hanski 1999, entire; 

Hanski and Gaggiotti 2004, pp. 3–22) so 

that simultaneous extinction of all 

subpopulations is unlikely. 

Metapopulations of Lepanthes orchids 

exhibit high variance in reproductive 

potential, high variance in mean 

reproductive lifespan (Tremblay 2000, 

pp. 264–265), and few adults per 

subpopulation (Tremblay 1997a, p. 95). 

Less than 20 percent of individuals 

reproduce, and most subpopulations (60 

percent of host trees) have fewer than 15 

individuals. In addition, the distribution 

of individuals (seedling, juvenile, and 

adults) varies enormously among 

subpopulations (i.e. host trees) and is 

skewed towards few individuals per tree 

(Tremblay and Velazquez-Castro 2009, 

p. 214). The lifespan of L. eltoroensis 

can reach 30 to 50 years (Tremblay 

1996, pp. 88–89, 114). However, the 

mean is 5.2 years, with an average 

percent mortality of 10 percent per year, 

although this varies greatly among life 

stages. Survival increases as individual 

orchids reach later life stages, but fewer 

plants reach adulthood and have the 

opportunity to contribute offspring to 

the next generation (Tremblay 2000, p. 

265; Rosa-Fuentes and Tremblay 2007, 

p. 207). Because the species occurs 

within a protected National Forest, 

access to moss, dispersal ability, 

reproductive success, and lifespan 

influence survivorship more than other 

potential human-induced threats 

(Tremblay 2000, p. 265; Rosa-Fuentes 

and Tremblay 2007, p. 207). 

The reproductive success of 

Lepanthes eltoroensis subpopulations is 

highly sensitive to temporal variation in 

environmental conditions (Tremblay 

and Hutchings 2002, entire). Further, 

reproductive success of L. eltoroensis, as 

in most orchids, is pollinator-limited 

(Tremblay et al. 2005, p. 6). This 

obligate cross-pollinated species 

(Tremblay et al. 2006, p. 78) uses a 

deceptive pollination system (the plants 

send false signals to the insects, 

imitating some rewarding conditions), 

typically characterized by very few 

reproductive events (∼ less than 20 

percent chance; Tremblay et al. 2005, p. 

12). Although we do not know the 

pollinator for L. eltoroensis, elsewhere 

fungus gnats visit Lepanthes orchids 

(Blanco and Barboza 2005, p. 765) and 

pollinate by pseudocopulation (i.e., 

attempted copulation by a male insect 

with the orchid flower that resembles 

the female, carrying pollen to it in the 

process). Therefore, it is likely fungus 

gnats are a pollinator for L. eltoroensis. 

Fungus gnats do not travel far—perhaps 

tens of meters or even a few hundred 

meters (Ackerman 2018)—limiting 

pollen dispersal for L. eltoroensis. Most 

L. eltoroensis pollination occurs among 

individuals within a host tree, resulting 

in high inbreeding and low genetic 

variability (Tremblay and Ackerman 

2001, pp. 55–58). The seeds of L. 

eltoroensis are wind-dispersed and 

require a mycorrhizal association for 

germination and survival until plants 

start photosynthesis (Tremblay and 

Ackerman 2001, p. 55; Tremblay 2008, 

p. 85). 

Distribution and Abundance 

Lepanthes eltoroensis is endemic to 

EYNF, Puerto Rico. It is restricted to one 

general area within the Sierra Palm, 

Palo Colorado, and dwarf forests of the 

El Toro and Trade Winds trails (Service 

2015, p. 5) at elevations above 2,461 feet 

(750 meters) (Service 1996, p. 2). At the 

time of listing, the species consisted of 

an estimated 140 individual plants. 

Since then, surveys have located 

additional individuals and 

subpopulations (groups of L. eltoroensis 

on the same host tree), resulting in a 

much greater estimate of individuals 

than at the time of listing. Surveys for 

L. eltoroensis have been infrequent, 

sparse, and done with varying spatial 

spread and methodology, making the 

results difficult to compare over time 

(Service 2019, pp. 34–52). However, 

partial surveys conducted periodically 

from 2000 to 2018 have found greater 

numbers of L. eltoroensis (Service 2019, 

pp. 49–50). In addition, surveys 

conducted between 2000 and 2005 

indicated the subpopulations surveyed 

along El Toro Trail and Trade Winds 

Trail were relatively stable over the 5- 

year period (Service 2019, p. 39). The 

best available metapopulation estimate 

is 3,000 individual plants (Tremblay 

2008, p. 90; Service 2015, p. 5). Overall, 

data do not indicate a general pattern of 

decline, but rather natural fluctuations 

(Service 2019, p. 52). 

The 3,000 plant population estimate 

was made prior to category 5 Hurricane 

Maria making landfall in 2017. A posthurricane partial survey along the El 

Toro Trail was completed in 2018, and 

found 641 total plants, including over 

300 that had not been previously 

identified (Mele ́ndez-Ackerman 2018, 

pers. comm.). We note that this was 

only a partial survey; there has never 


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been a complete census of the entire 

metapopulation because most of the 

areas off the two main trails (El Toro 

and Trade Winds) are dangerous and 

inaccessible. 

The forest types Lepanthes eltoroensis 

is most affiliated with—Palo Colorado, 

Sierra Palm, and Dwarf Forest—cover 

over 13,000 acres (5,261 hectares) 

within the EYNF (Service 2019, p. 8). 

Given the amount of unreachable 

habitat that has not been surveyed, all 

estimates are likely to underestimate the 

true abundance of the species (Service 

2019, p. 50). Surveys of habitat outside 

traditionally surveyed sites (on or just 

off trails) could result in discovery of 

additional plants (Tremblay 2008, p. 90; 

Service 2019, pp. 18, 50, 73). In 

addition, since the time of listing, the 

species has faced multiple strong 

hurricanes (Hugo, Georges, Hortense, 

Irma, and Maria), while the species’ 

abundance has remained stable (with all 

age classes represented and in good 

health); thus, we conclude the species 

has the ability to recover from stochastic 

disturbances (Service 2019, pp. 51–52). 

Therefore, although the species and its 

habitat were harmed by the recent 

hurricanes (namely Maria), the previous 

estimate of 3,000 individual plants is 

still our best estimate. 

Habitat 

Lepanthes eltoroensis occurs on mosscovered trunks (i.e., host trees) within 

upper elevation cloud forests in the 

Sierra Palm, Palo Colorado, and Dwarf 

Forest associations of EYNF (Luer 2014, 

p. 260; Ewel and Whitmore 1973, pp. 

41–49), where humidity ranges from 90 

to 100 percent, and cloud cover is 

continuous, particularly during the 

evening hours (55 FR 41248; October 10, 

1990). Important habitat components 

seem to be elevation, adequate 

temperature and moisture regimes, 

open/semi-open gaps in the canopy, and 

presence of moss. 

Recovery and Recovery Plan 

Implementation 

Section 4(f) of the Act directs us to 

develop and implement recovery plans 

for the conservation and survival of 

endangered and threatened species, 

unless we determine that such a plan 

will not promote the conservation of the 

species. Recovery plans are not 

regulatory documents. Rather, they are 

intended to establish goals for long-term 

conservation of a listed species and 

define criteria that are designed to 

indicate when the threats facing a 

species have been removed or reduced 

to such an extent that the species may 

no longer need the protections of the 

Act. Recovery plans also provide 

guidance to our Federal, State, and other 

governmental and nongovernmental 

partners on methods to minimize threats 

to listed species. 

There are many paths to 

accomplishing recovery of a species, 

and recovery may be achieved without 

all criteria being fully met. For example, 

one or more criteria may have been 

exceeded while other criteria may not 

have been accomplished or become 

obsolete, yet we may judge that, overall, 

the threats have been minimized 

sufficiently, and the species is robust 

enough, to reclassify the species from 

endangered to threatened or perhaps 

delist the species. In other cases, 

recovery opportunities may be 

recognized that were not known at the 

time the recovery plan was finalized. 

These opportunities may be used 

instead of methods identified in the 

recovery plan. 

Likewise, information on the species 

that was not known at the time the 

recovery plan was finalized may become 

available. The new information may 

change the extent that criteria need to be 

met for recognizing recovery of the 

species. Recovery of species is a 

dynamic process requiring adaptive 

management that may or may not fully 

follow the guidance provided in a 

recovery plan. 

The following discussion provides a 

brief review of recovery planning and 

implementation for Lepanthes 

eltoroensis as well as an analysis of the 

recovery criteria and goals as they relate 

to evaluating the status of this orchid. 

Lepanthes eltoroensis was listed as an 

endangered species in 1991, due to its 

rarity (Factor E), its restricted 

distribution (Factor E), forest 

management practices (Factor A), 

impacts from hurricane damage (Factor 

E), and collection (Factor B) (56 FR 

60933, November 29, 1991, p. 56 FR 

60935). The most important factor 

affecting L. eltoroensis at that time was 

its limited distribution. Additionally, 

we concluded at the time that the 

species’ rarity made it vulnerable to 

impacts from hurricanes, such as 

unfavorable microclimatic conditions 

resulting from numerous canopy gaps. 

Because so few individuals were known 

to occur, the risk of extinction was 

considered to be extremely high (56 FR 

60933, November 29, 1991, p. 56 FR 

60935). 

The Lepanthes eltoroensis recovery 

plan was approved on July 15, 1996. 

The objective of the recovery plan is to 

provide direction for reversing the 

decline of this orchid and for restoring 

the species to a self-sustaining status, 

thereby permitting eventual removal 

from the Federal List of Endangered and 

Threatened Plants (Service 1996, p. 8). 

However, the recovery plan provides 

only criteria for reclassifying the species 

from endangered to threatened 

(‘‘downlisting’’). The specific criteria 

are: (1) Prepare and implement an 

agreement between the Service and the 

USFS concerning the protection of L. 

eltoroensis within EYNF, and (2) 

establish new populations capable of 

self-perpetuation within protected areas 

(Service 1996, p. 8). The plan also 

includes the following recovery actions 

intended to address threats to the 

species: 

(1) Prevent further habitat loss and 

population decline; 

(2) Continue to gather information on 

the species’ distribution and abundance; 

(3) Conduct research; 

(4) Establish new populations; and 

(5) Refine recovery criteria. 

The following discussion provides 

specific details for each of these actions 

and the extent to which the recovery 

criteria have been met. 

Recovery Action 1: Prevent Further 

Habitat Loss and Population Decline 

This action has been completed. In 

the past, the species’ primary threat was 

identified as destruction and 

modification of habitat associated with 

forest management practices (e.g., 

establishment and maintenance of 

plantations, selective cutting, trail 

maintenance, and shelter construction; 

56 FR 60933, November 29, 1991). As 

described below under ‘‘Forest 

Management Practices,’’ the best 

available data indicate that forest 

management practices are no longer 

negatively affecting Lepanthes 

eltoroensis. The area where the species 

is found is within a protected area 

(EYNF), part of which is the El Toro 

Wilderness designated in 2005, where 

the land is managed to preserve its 

natural conditions and species like L. 

eltoroensis (USFS 2016, p. 32). We 

expect this wilderness area will remain 

permanently protected as a nature 

reserve and be managed for 

conservation. Additionally, because this 

area is within a National Forest, the 

National Forest Management Act of 

1976 (16 U.S.C. 1600 et seq.) requires 

the USFS to develop management plans, 

and EYNF has. As noted below, the 

EYNF plan specifically includes a set of 

standards and guidelines to protect the 

natural resources within the El Toro 

Wilderness. 

Moreover, Federal agencies are 

mandated to carry out programs for the 

conservation of endangered species 

under section 7 of the Act to ensure that 

any action authorized, funded, or 

carried out by a Federal agency is not 


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likely to jeopardize the continued 

existence of a federally listed species. 

The USFS consults with the Service as 

necessary to avoid and minimize 

impacts to listed species and their 

habitat at EYNF. L. eltoroensis shares 

habitat with other federally listed 

species (e.g., the endangered plants Ilex 

sintenisii (no common name) and 

Ternstroemia luquillensis (palo 

colorado), and the threatened elfinwoods warbler (Setophaga angelae)), so 

L. eltoroensis will benefit from efforts to 

conserve their habitat. 

Recovery Action 2: Continue To Gather 

Information on the Species’ Distribution 

and Abundance 

This action has been completed. Since 

the species was listed in 1991, several 

surveys for Lepanthes eltoroensis have 

been conducted. Although these surveys 

have been done with varying spatial 

spread and methodology, making the 

results difficult to compare over time, 

even partial surveys have found greater 

numbers of L. eltoroensis. Surveys have 

indicated stable growth rates. While the 

best available estimate of the 

metapopulation is 3,000 individuals 

(Tremblay 2008, p. 90), surveys likely 

underestimate the species’ true 

abundance, as suitable habitat off the 

two main trails is dangerous and mostly 

inaccessible, preventing additional 

surveys. Surveys of habitat outside 

traditional population sites may result 

in additional individuals. 

Recovery Action 3: Conduct Research 

Much research has been completed; 

however, we continue to conduct 

research on the species. Information has 

been collected throughout the years on 

the distribution and dispersion patterns 

of Lepanthes eltoroensis (Tremblay 

1997a, pp. 85–96), variance in floral 

morphology (Tremblay 1997b, pp. 38– 

45), and genetic differentiation 

(Tremblay and Ackerman 2001, pp. 47– 

62). In 2016, the Service and the Puerto 

Rico Department of Natural and 

Environmental Resources (PRDNER) 

provided funding to researchers at the 

University to evaluate the current 

population status of L. eltoroensis and 

model its demographic variation in 

response to climatic variability (i.e., 

temperature and relative humidity). 

This research suggests that L. eltoroensis 

population growth rates are highly 

dynamic depending on drought 

conditions (Mele ́ndez-Ackerman et al. 

2018, entire). Partners continue 

analyzing the extent by which these 

changes may be related to changes in 

climatic variation in detail by analyzing 

data from meteorological stations in the 

region, and they recommend periodic 

monitoring of L. eltoroensis’s population 

status (Mele ́ndez-Ackerman et al. 2018, 

p. 10). The Service will address this 

recommendation as part of the postdelisting monitoring plan (PDM) and 

will include criteria to determine 

whether population trends allow for 

completion of monitoring, or if 

additional monitoring or a status review 

is needed. Moreover, the University, in 

collaboration with the USFS and the 

Service, developed a habitat model 

showing that further suitable habitat 

extends outside traditionally surveyed 

areas, including areas of Pico El Yunque 

and Pico del Este (Sparklin 2020, 

unpublished data). This model is still 

pending validation in the field. Despite 

species experts recording direct impacts 

to L. eltoroensis due to Hurricane Maria 

and high mortality of seedlings 

following the disturbance, they also 

recorded at least 16 previously 

unknown host trees with live plants 

(new populations), showing the species 

may be more widespread within its 

habitat (Herna ́ndez-Mun ̃iz et al., 

accepted for publication, entire). 

Recovery Action 4: Establish New 

Populations 

This action has not been met but is no 

longer necessary. At the time of listing, 

only 140 plants were thought to exist; 

we now estimate a population size of 

3,000 individuals (Tremblay 2008, p. 

90). The 2015 5-year status review of 

Lepanthes eltoroensis states that the 

action to establish new populations is 

not necessary at this time for the 

recovery of the species because 

additional subpopulations and 

individuals have been found since the 

species was listed (Service 2015, p. 5). 

Additionally, relocation of plants from 

fallen trees onto standing trees 

following hurricane events was found to 

be an effective management strategy to 

improve and maximize survival and 

reproductive success (Benı ́tez and 

Tremblay 2003, pp. 67–69). Recent work 

and habitat modeling also show that 

further suitable habitat extends outside 

traditionally surveyed areas, including 

areas of Pico El Yunque and Pico del 

Este. 

Recovery Action 5: Refine Recovery 

Criteria 

This action has not been met but will 

no longer be necessary. The recovery 

plan states that as additional 

information on Lepanthes eltoroensis is 

gathered, it will be necessary to better 

define, and possibly modify, recovery 

criteria. Based on the information 

compiled in the SSA report (Service 

2019, entire), this orchid is projected to 

remain viable over time such that it no 

longer meets the Act’s definition of an 

endangered or threatened species (see 

Determination of Status of Lepanthes 

eltoroensis, below). 

Recovery Criterion 1: Prepare and 

Implement an Agreement Between the 

Service and the USFS Concerning the 

Protection of Lepanthes Eltoroensis 

Within EYNF 

This criterion has been met. Existing 

populations and the species’ habitat are 

protected by the USFS. This orchid 

species occurs within the El Toro 

Wilderness Area where habitat 

destruction or modification is no longer 

considered a threat to the species or its 

habitat. Thus, although there is not a 

specific agreement between the Service 

and the USFS concerning the protection 

of Lepanthes eltoroensis, the intent of 

this criterion—to provide long-term 

protection for the species—has been 

met. The implementation of 

management practices in the forest has 

improved, no selective cutting is 

conducted, and the USFS coordinates 

with the Service to avoid impacts to 

listed species as part of their 

management practices. Furthermore, 

Commonwealth laws and regulations 

protect the species’ habitat, as well as 

protect the species from collection and 

removal. There is no evidence that L. 

eltoroensis or its habitat is being 

negatively impacted by forest 

management. Due to the high level of 

protection provided by the wilderness 

designation and other protections, we 

have determined that an agreement 

between the Service and the USFS is no 

longer necessary for protecting this 

species. Incidentally, because this 

species overlaps with other listed 

species, the USFS will continue to 

consult on projects that may affect this 

area. 

Recovery Criterion 2: Establish New 

Populations Capable of SelfPerpetuation Within Protected Areas 

As stated above under Recovery 

Action 4, we have found that the action 

to establish new populations is no 

longer necessary because additional 

subpopulations and individuals have 

been found since the species was listed 

(Service 2015, p. 5). Further, suitable 

habitat extends outside traditionally 

surveyed areas, including areas of Pico 

El Yunque and Pico del Este. 

Additionally, relocation of plants is an 

effective management strategy to 

improve and maximize survival and 

reproductive success, as has been 

demonstrated after hurricane events 

(Benı ́tez and Tremblay 2003, pp. 67–69). 


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Summary 

The recovery plan for Lepanthes 

eltoroensis provided direction for 

reversing the decline of this species, 

thereby informing when the species may 

be delisted. The recovery plan outlined 

two criteria for reclassifying the species 

from endangered to threatened: (1) 

Prepare and implement an agreement 

between the Service and the USFS 

concerning the protection of L. 

eltoroensis within EYNF, and (2) 

establish new populations capable of 

self-perpetuation within protected areas. 

These criteria have either been met or 

are no longer considered necessary. This 

species is protected by Commonwealth 

law and regulations and will continue to 

be should the species no longer require 

Federal protection, and the species 

occurs within a protected wilderness 

area that will remain protected and 

managed using techniques that are 

beneficial for this species and cooccurring federally listed species. There 

is no evidence that L. eltoroensis or its 

habitat is being negatively impacted by 

forest management activities or will be 

in the future. Additionally, the 

designation of wilderness where the 

species occurs has eliminated the need 

for an agreement between the Service 

and the USFS to protect this species. 

Since the species was listed under the 

Act and the recovery plan was written, 

additional plants have been found, 

additional plants likely exist in areas 

that are unsuitable for surveying, and 

the best available information indicates 

that additional habitat likely exists. 

Therefore, establishment of new 

populations is not necessary for 

recovery of L. eltoroensis at this time. 

Additionally, the five recovery actions 

intended to address threats to the 

species have all been either met or 

determined no longer to be necessary for 

recovery. 

Regulatory and Analytical Framework 

Regulatory Framework 

Section 4 of the Act (16 U.S.C. 1533) 

and its implementing regulations (50 

CFR part 424) set forth the procedures 

for determining whether a species is an 

‘‘endangered species’’ or a ‘‘threatened 

species.’’ The Act defines an 

‘‘endangered species’’ as a species that 

is in danger of extinction throughout all 

or a significant portion of its range, and 

a ‘‘threatened species’’ as a species that 

is likely to become an endangered 

species within the foreseeable future 

throughout all or a significant portion of 

its range. The Act requires that we 

determine whether any species is an 

‘‘endangered species’’ or a ‘‘threatened 

species’’ because of any of the following 

factors: 

(A) The present or threatened 

destruction, modification, or 

curtailment of its habitat or range; 

(B) Overutilization for commercial, 

recreational, scientific, or educational 

purposes; 

(C) Disease or predation; 

(D) The inadequacy of existing 

regulatory mechanisms; or 

(E) Other natural or manmade factors 

affecting its continued existence. 

These factors represent broad 

categories of natural or human-caused 

actions or conditions that could have an 

effect on a species’ continued existence. 

In evaluating these actions and 

conditions, we look for those that may 

have a negative effect on individuals of 

the species, as well as other actions or 

conditions that may ameliorate any 

negative effects or may have positive 

effects. We consider these same five 

factors in reclassifying a species from 

endangered to threatened and in 

delisting a species (50 CFR 424.11(c)– 

(e)). 

We use the term ‘‘threat’’ to refer in 

general to actions or conditions that are 

known to or are reasonably likely to 

negatively affect individuals of a 

species. The term ‘‘threat’’ includes 

actions or conditions that have a direct 

impact on individuals (direct impacts), 

as well as those that affect individuals 

through alteration of their habitat or 

required resources (stressors). The term 

‘‘threat’’ may encompass—either 

together or separately—the source of the 

action or condition or the action or 

condition itself. 

However, the mere identification of 

any threat(s) does not necessarily mean 

that the species meets the statutory 

definition of an ‘‘endangered species’’ or 

a ‘‘threatened species.’’ In determining 

whether a species meets either 

definition, we must evaluate all 

identified threats by considering the 

species’ expected response, and the 

effects of the threats—in light of those 

actions and conditions that will 

ameliorate the threats—on an 

individual, population, and species 

level. We evaluate each threat and its 

expected effects on the species, then 

analyze the cumulative effect of all of 

the threats on the species as a whole. 

We also consider the cumulative effect 

of the threats in light of those actions 

and conditions that will have positive 

effects on the species—such as any 

existing regulatory mechanisms or 

conservation efforts. The Secretary 

determines whether the species meets 

the definition of an ‘‘endangered 

species’’ or a ‘‘threatened species’’ only 

after conducting this cumulative 

analysis and describing the expected 

effect on the species now and in the 

foreseeable future. 

The Act does not define the term 

‘‘foreseeable future,’’ which appears in 

the statutory definition of ‘‘threatened 

species.’’ Our implementing regulations 

at 50 CFR 424.11(d) set forth a 

framework for evaluating the foreseeable 

future on a case-by-case basis. The term 

foreseeable future extends only so far 

into the future as the Services can 

reasonably determine that both the 

future threats and the species’ responses 

to those threats are likely. In other 

words, the foreseeable future is the 

period of time in which we can make 

reliable predictions. ‘‘Reliable’’ does not 

mean ‘‘certain’’; it means sufficient to 

provide a reasonable degree of 

confidence in the prediction. Thus, a 

prediction is reliable if it is reasonable 

to depend on it when making decisions. 

It is not always possible or necessary 

to define foreseeable future as a 

particular number of years. Analysis of 

the foreseeable future uses the best 

scientific and commercial data available 

and should consider the timeframes 

applicable to the relevant threats and to 

the species’ likely responses to those 

threats in view of its life-history 

characteristics. Data that are typically 

relevant to assessing the species’ 

biological response include speciesspecific factors such as lifespan, 

reproductive rates or productivity, 

certain behaviors, and other 

demographic factors. 

Given the average lifespan of the 

species (approximately 5 years), a 

period of 20 to 30 years allows for 

multiple generations and detection of 

any population changes. Additionally, 

the species has been listed for close to 

30 years, so we have a baseline to 

understand how populations have 

performed in that period, which is a 

similar length of time as between now 

and mid-century. Therefore, the 

‘‘foreseeable future’’ used in this 

determination is 20 to 30 years, which 

is the length of time into the future that 

the Service can reasonably determine 

that both the future threats and the 

species’ responses to those threats are 

likely. 

Analytical Framework 

The SSA report documents the results 

of our comprehensive biological review 

of the best scientific and commercial 

data regarding the status of the species, 

including an assessment of the potential 

threats to the species. The SSA report 

does not represent our decision on 

whether the species should be 

reclassified as a threatened species or 

delisted under the Act. It does, however, 


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provide the scientific basis that informs 

our regulatory decisions, which involve 

the further application of standards 

within the Act and its implementing 

regulations and policies. The following 

is a summary of the key results and 

conclusions from the SSA report; the 

full SSA report can be found at http:// 

www.regulations.gov under Docket No. 

FWS–R4–ES–2019–0073. 

To assess Lepanthes eltoroensis 

viability, we used the three conservation 

biology principles of resiliency, 

redundancy, and representation (Shaffer 

and Stein 2000, pp. 306–310). Briefly, 

resiliency supports the ability of the 

species to withstand environmental and 

demographic stochasticity (for example, 

wet or dry, warm or cold years); 

redundancy supports the ability of the 

species to withstand catastrophic events 

(for example, droughts, large pollution 

events), and representation supports the 

ability of the species to adapt over time 

to long-term changes in the environment 

(for example, climate changes). In 

general, the more resilient and 

redundant a species is and the more 

representation it has, the more likely it 

is to sustain populations over time, even 

under changing environmental 

conditions. Using these principles, we 

identified the species’ ecological 

requirements for survival and 

reproduction at the individual, 

population, and species levels, and 

described the beneficial and risk factors 

influencing the species’ viability. 

The SSA process can be categorized 

into three sequential stages. During the 

first stage, we evaluated individual 

species’ life-history needs. The next 

stage involved an assessment of the 

historical and current condition of the 

species’ demographics and habitat 

characteristics, including an 

explanation of how the species arrived 

at its current condition. The final stage 

of the SSA involved making predictions 

about the species’ responses to positive 

and negative environmental and 

anthropogenic influences. Throughout 

all of these stages, we used the best 

available information to characterize 

viability as the ability of a species to 

sustain populations in the wild over 

time. We use this information to inform 

our regulatory decision. Lepanthes 

eltoroensis was listed as an endangered 

species in 1991, due to its rarity (Factor 

E), its restricted distribution (Factor E), 

forest management practices (Factor A), 

impacts from hurricane damage (Factor 

E), and collection (Factor B) (56 FR 

60933, November 29, 1991, p. 56 FR 

60935). The most important factor 

affecting L. eltoroensis at that time was 

its limited distribution. Additionally, its 

rarity made the species vulnerable to 

impacts from hurricanes, such as 

unfavorable microclimatic conditions 

resulting from numerous canopy gaps. 

Because so few individuals were known 

to occur, the risk of extinction was 

considered to be extremely high (56 FR 

60933, November 29, 1991, p. 56 FR 

60935). 

Summary of Biological Status and 

Threats 

In this section, we review the 

biological condition of the species and 

its resources, and the threats that 

influence the species’ current and future 

condition, in order to assess the species’ 

overall viability and the risks to that 

viability. 

Forest Management Practices 

At the time of listing (1991), 

management practices such as 

establishment and maintenance of 

plantations, selective cutting, trail 

maintenance, and shelter construction 

were considered threats to Lepanthes 

eltoroensis (56 FR 60933, November 29, 

1991, p. 56 FR 60935). The recovery 

plan further indicated that destruction 

and modification of habitat might be the 

most significant factors affecting the 

number of individuals and distribution 

of the species (Service 1996, p. 5). 

Since the species was listed, several 

laws have been enacted that provide 

protections to this species. In 1999, 

Commonwealth Law No. 241 (New 

Wildlife Law of Puerto Rico or Nueva 

Ley de Vida Silvestre de Puerto Rico) 

was enacted to protect, conserve, and 

enhance native and migratory wildlife 

species (including plants). This law 

requires authorization from the PRDNER 

Secretary for any action that may affect 

the habitat of any species. Furthermore, 

part of EYNF (including the habitat 

where Lepanthes eltoroensis is currently 

known to occur) was congressionally 

designated as the El Toro Wilderness in 

2005, to preserve its natural conditions, 

including species like L. eltoroensis, 

inhabiting the area (Caribbean National 

Forest Act of 2005 (Pub. L. 109–118); 

the Wilderness Act (16 U.S.C. 1131 et 

seq.); U.S. Forest Service (USFS) 2016, 

p. 32). The El Toro Wilderness consists 

of undeveloped USFS lands and is 

managed to preserve its natural 

conditions without any permanent 

improvements or human habitation 

(USFS 2016, p. 32). All known 

populations of L. eltoroensis occur 

within this wilderness area. 

Scientists who have conducted 

research on Lepanthes eltoroensis do 

not consider destruction, curtailment, or 

modification of this species’ habitat to 

be a factor threatening this species 

(Ackerman 2007, pers. comm.). In 2019, 

the USFS finalized a revised land and 

resources management plan to guide the 

general direction of EYNF for the next 

15 years. This plan specifically includes 

a set of standards and guidelines to 

protect the natural resources within the 

El Toro Wilderness, including listed 

species. Standards specific to the El 

Toro Wilderness include no salvaging of 

timber, no issuing permits for collection 

of plants or plant material unless for a 

scientific purpose, no new special-use 

permits for facilities or occupancy, 

managing recreation to minimize the 

number of people on the trails, and no 

construction of new trails (USFS 2019, 

pp. 1, 32–35). Standards and guidelines 

for at-risk (including listed) species 

detailed in the plan include not 

allowing collection of orchids unless 

approved for scientific purposes and 

making sure forest management 

activities are consistent with recovery 

plans (USFS 2019, p. 62). 

Implementation of management 

practices in EYNF has also improved; 

there is no selective cutting, and 

maintenance is minimal, as both El Toro 

and Trade Winds trails receive few 

visitors. Mostly researchers and forest 

personnel use El Toro and Trade Winds 

trails; therefore, few human encounters 

are expected (USFS 2016, p. 32). 

Additionally, the USFS coordinates 

with the Service to avoid or minimize 

impacts to a number of federally listed 

species (e.g., the endangered plants Ilex 

sintenisii and palo colorado, and the 

threatened elfin-woods warbler) that cooccur with L. eltoroensis as part of their 

management practices in accordance 

with section 7 of the Act. 

There is no evidence suggesting 

current forest management practices are 

negatively affecting the species or its 

specialized habitat (adequate 

temperature and moisture regimes, and 

presence of moss) (Service 2019, p. 24). 

Furthermore, based on existing laws, we 

expect EYNF will remain permanently 

protected as a nature reserve and be 

managed for conservation. Therefore, 

we no longer consider forest 

management practices or destruction 

and modification of habitat to be threats 

to the species. 

Hurricanes 

The restricted distribution of 

Lepanthes eltoroensis makes it 

particularly vulnerable to large-scale 

disturbances, such as hurricanes and 

tropical storms, that frequently affect 

islands of the Caribbean (NOAA 2018, 

unpaginated). Hurricanes are more 

frequent in the northeastern quadrant of 

Puerto Rico, where EYNF is located 

(White et al. 2014, p. 30). Current global 

climate models are rather poor at 


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simulating tropical cyclones; however, 

the Intergovernmental Panel on Climate 

Change’s climate simulations project 

that the Caribbean will experience a 

decrease in tropical cyclone frequency, 

but the most intense events will become 

more frequent (PRCC 2013, p. 10; 

Service 2019, p. 56). 

Cloud forests, where this species 

occurs, are much taller than other 

vegetation and are higher in elevation, 

making them more exposed and more 

easily affected by high winds, and they 

take more time to recover postdisturbance (Hu and Smith 2018, p. 

827). Heavy rains and winds associated 

with tropical storms and hurricanes 

cause tree defoliation, habitat 

modification due to trees falling, and 

landslides (Lugo 2008, p. 368). Surveys 

in 2018 conducted along El Toro Trail 

following Hurricane Maria focused on 

assessing the impacts to the species and 

its host trees (subpopulations). Nineteen 

host trees were not found and assumed 

to be lost due to the hurricane. An 

additional nine host trees were found 

knocked down. In total, 641 plants, 

including seedlings, juveniles, and 

reproductive and non-reproductive 

adults, were found; 322 were found on 

previously marked host trees (including 

191 individuals on those host trees that 

were knocked to the ground), and 319 

were new individuals not previously 

surveyed (Melendez-Ackerman 2018, 

pers. comm.). Given that Lepanthes 

eltoroensis does not persist on felled or 

dead trees (Benı ́tez and Tremblay 2003, 

pp. 67–69), we assume many of these 

191 individuals (approximately 30 

percent of individuals found) will not 

survive, resulting in the loss of those 

individuals from the metapopulation. 

However, individual plants moved to 

new host trees do quite well, 

highlighting the feasibility of relocation 

to increase the species’ long-term 

viability in the context of severe 

hurricanes such as Hurricane Maria. 

University researchers translocated 

some of these 191 individuals, but 

because the translocations occurred 

months after the hurricane, we do not 

expect survival to be as high as if it had 

occurred immediately after the 

hurricane. Furthermore, this species has 

persisted from past hurricane events 

without active management of 

translocating species from felled host 

trees. 

In addition, associated microclimate 

changes resulting from downed trees 

and landslides after severe storms (e.g., 

increased light exposure, reduction in 

relative humidity) may negatively affect 

the growth rate of Lepanthes eltoroensis 

populations (Tremblay 2008, pp. 89– 

90). Following Hurricane Georges in 

1998, non-transplanted populations of 

L. eltoroensis had negative growth rates, 

while groups of plants that were 

transplanted to better habitats within 

the forest had positive growth rates 

(Benitez-Joubert and Tremblay 2003, pp. 

67–69). Furthermore, based on data on 

related species, L. eltoroensis growth 

rates may be negatively affected by 

excess light from gaps caused by felled 

trees during hurricanes (Fernandez et al. 

2003, p. 76). 

The inherently low redundancy (the 

ability of a species to withstand 

catastrophic events) of Lepanthes 

eltoroensis due to its limited range 

makes hurricanes and tropical storms a 

primary risk factor. However, given the 

observed stable trend from past surveys 

and recent partial surveys in 2018 

(Service 2019, pp. 39, 45–48), it appears 

that the species has the ability to 

recover from disturbances like 

hurricanes Hugo, Georges, Hortense, 

Irma, and Maria (Service 2019, pp. 51– 

52). Additionally, relocation has proven 

to be a viable conservation strategy for 

this species (Benı ́tez and Tremblay 

2003, pp. 67–69). Relocating plants from 

fallen trees to standing trees following 

hurricane events results in higher 

survival of those transplanted 

individuals. This management strategy 

can improve and maximize species’ 

survival and reproductive success after 

hurricane events (Benı ́tez and Tremblay 

2003, pp. 67–69; Tremblay 2008, pp. 

83–90). Following this recommendation 

after Hurricane Maria, researchers from 

the University translocated some L. 

eltoroensis individuals along the El Toro 

Trail. These individuals are currently 

being monitored to assess survival. In 

addition, since L. eltoroensis is part of 

the USFS’ ‘‘Plant Species of 

Conservation Interest of El Yunque’’ 

(USFS 2018, p. 37) and is included in 

the 2016 revised land and resource 

management plan that details a 

management concept focused on 

conservation, particularly to protect 

unique ecological resources (USFS 

2016, p. 1), the USFS will continue to 

implement conservation actions, such as 

habitat protection, enhancement, and 

relocation of L. eltoroensis individuals 

following hurricanes, as deemed 

necessary. 

Collection 

Collection for commercial or 

recreational purposes eliminated one 

population of Lepanthes eltoroensis 

prior to listing under the Act (56 FR 

60933; November 29, 1991). The rarity 

of the species made the loss of even a 

few individuals a critical loss to the 

species as a whole. 

The USFS regulations in title 36 of the 

Code of Federal Regulations at part 261, 

section 261.9 (36 CFR 261.9) prohibit 

damaging or removing any plant that is 

classified as a threatened, endangered, 

sensitive, rare, or unique species in 

wilderness areas. Additionally, since 

the species was listed under the Act in 

1991, other laws have been enacted that 

provide protections to the species from 

collection or removal. Commonwealth 

Law No. 241 (New Wildlife Law of 

Puerto Rico or Nueva Ley de Vida 

Silvestre de Puerto Rico), enacted in 

1999, protects, conserves, and enhances 

native and migratory wildlife species. 

Specifically, Article 5 of this law 

prohibits collection and hunting of 

wildlife species, including plants within 

the jurisdiction of Puerto Rico, without 

a permit from the PRDNER Secretary. In 

2004, Lepanthes eltoroensis was 

included in the list of protected species 

of Regulation 6766 (Reglamento 6766 

para Regir el Manejo de las Especies 

Vulnerables y en Peligro de Extincio ́n en 

el Estado Libre Asociado de Puerto 

Rico), which governs the management of 

endangered and threatened species 

within the Commonwealth of Puerto 

Rico. Article 2.06 of this regulation 

prohibits collecting, cutting, and 

removing, among other activities, listed 

plant individuals within the jurisdiction 

of Puerto Rico. 

Lepanthes eltoroensis will likely 

remain protected under Commonwealth 

laws and regulations after Federal 

delisting. Commonwealth Regulation 

6766 provides protection to species that 

are not federally listed or that have been 

removed from the Federal Lists, and the 

species will remain protected under the 

wilderness provisions from the 2016 

revised land and resource management 

plan for EYNF (USFS 2016, entire). 

According to this plan, any influences 

by humans on the natural process that 

take place in the wilderness area will be 

to protect endangered and threatened 

species in addition to human life (USFS 

2016, p. 33). As such, the standards of 

the plan include conducting wildlife 

and plant habitat/population surveys 

and monitoring in a manner compatible 

with the goals and objectives of 

wilderness (USFS 2016, p. 34). 

Additional protection measures include 

not issuing forest product permits for 

collection of plants or plant material in 

wilderness areas (unless for scientific 

and educational purposes and approved 

by the forest biologist/ecologist), and 

management strategies to design, 

construct, and maintain trails to the 

appropriate trail standard in order to 

meet wilderness standards protections 

(USFS 2016, p. 34). 


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Despite the one documented instance 

of collection, the threat of collection is 

low, given that few people venture into 

the El Toro Wilderness (Tremblay 2007, 

pers. comm.) and that the small size 

(less than 2 in. (4 cm) tall) and 

inconspicuousness of this species makes 

it easy to overlook (Ackerman 2007, 

pers. comm.; Tremblay 2007, pers. 

comm.). Additionally, this species is not 

used for commercial or recreational 

purposes and is not considered to have 

ornamental value (Service 2015, p. 8). 

Despite photos of the species on the 

internet, there is no direct evidence that 

the species is in private collections or 

that it has been advertised for sale. In 

addition, since early 2017, researchers 

from the University monitored 

population trends on all known host 

trees on a monthly basis, and recorded 

no evidence of poaching (e.g., unusual 

missing plants or scars on the trees). 

Thus, there is no evidence that 

collection is currently impacting 

Lepanthes eltoroensis (Service 2019, p. 

24) or is likely to do so in the future. 

Small Population Size and Low 

Reproduction 

The smaller the population, the 

greater the probability that fluctuations 

in population size from stochastic 

variation (e.g., reproduction and 

mortality) will lead to extirpation. There 

are also genetic concerns with small 

populations, including reduced 

availability of compatible mates, genetic 

drift, and inbreeding depression. Small 

subpopulations of Lepanthes eltoroensis 

are particularly vulnerable to stochastic 

events, thus contributing to lower 

species viability (Service 2019, p. 24). 

Lepanthes eltoroensis may experience 

declining growth related to the uneven 

distribution of individuals among host 

trees and demographic processes (e.g., 

reproductive success, survival), which 

can be negatively influenced by 

environmental and catastrophic risks 

(Service 2019, p. 25). Fruit production 

is limited; therefore, opportunities for 

establishment are limited. Less than 20 

percent of individuals reproduce, and 

most subpopulations (60 percent of host 

trees) have fewer than 15 individuals. In 

addition, the distribution of individuals 

(seedling, juvenile, and adults) varies 

enormously among trees and is skewed 

towards few individuals per tree 

(Tremblay and Velazquez-Castro 2009, 

p. 214). Despite small subpopulations of 

L. eltoroensis with limited distribution 

and naturally limited fruit production, 

this species has continued to recover 

even after regular exposure to 

disturbances. We now estimate the 

species population to be 3,000 

individuals, which is a significant 

increase from the 140 individuals 

known at the time of listing (Tremblay 

2008, p. 90). This is because surveys 

have located additional individuals and 

subpopulations (groups of L. eltoroensis 

on the same host tree), resulting in a 

much greater estimate of individuals 

than at the time of listing. Therefore, the 

species’ vulnerability to extinction due 

to catastrophic events is reduced. 

Genetic Risks 

The main genetic risk factor for the 

species is low genetic variability. The 

effective population size (number of 

individuals in a population that 

contribute offspring to the next 

generation) ranges from 3 to 9 percent 

of the standing population (number of 

individuals in a population) (Tremblay 

and Ackerman 2001, entire). In other 

words, for every 100 adults, maybe 9 

will transfer genes to the next 

generation. In addition, although 

Lepanthes eltoroensis can survive for up 

to 50 years, most seedlings and 

juveniles die (Tremblay 2000, p. 264). 

Therefore, very few individuals are 

responsible for the majority of seed 

production, decreasing the genetic 

diversity as a whole in subpopulations 

(Mele ́ndez-Ackerman and Tremblay 

2017, pp. 5–6). Low genetic diversity 

may be reflected in reduced genetic and 

environmental plasticity, and, thus, low 

ability to adapt to environmental 

changes. However, L. eltoroensis has 

demonstrated the ability to withstand 

environmental change; therefore, low 

genetic diversity does not appear to be 

affecting the species’ viability. 

There is evidence of low gene flow in 

the species. Estimated gene flow in 

Lepanthes eltoroensis is less than two 

effective migrants per generation 

(Tremblay and Ackerman 2001, p. 54). 

This result implies that most mating is 

among individuals within a host tree, 

potentially resulting in high inbreeding, 

low genetic variability, and inbreeding 

depression (Tremblay and Ackerman 

2001, pp. 55–58). If there are high rates 

of inbreeding, this could lead to 

inbreeding depression, and could have 

profound long-term negative impacts to 

the viability of the species (Service 

2019, pp. 28–29). However, the species 

is likely an obligate cross-pollinated 

species (Tremblay et al. 2006, p. 78), 

which is a mechanism to reduce 

inbreeding. Although the effects of 

potential inbreeding in the future is 

possible, the species has demonstrated 

the ability to adapt to changing 

environmental conditions (i.e., natural 

disturbances) over time (Service 2019, 

p. 54). Thus, both low genetic diversity 

and low gene flow do not appear to be 

affecting species’ viability currently, nor 

do we believe it will in the foreseeable 

future. 

Effects of Climate Change 

The average temperatures at EYNF 

have increased over the past 30 years 

(Jennings et al. 2014, p. 4; Khalyani et 

al. 2016, p. 277). Climate projections 

indicate a 4.6 to 9 degrees Celsius (°C) 

(8.2 to 16.2 degrees Fahrenheit (°F)) 

temperature increase for Puerto Rico 

from 1960–2099 (Khalyani et al. 2016, 

p. 275). Additionally, projections 

indicate a decrease in precipitation and 

acceleration of the hydrological cycles 

resulting in wet and dry extremes 

(Jennings et al. 2014, p. 4; Cashman et 

al. 2010, pp. 52–54). In one downscaled 

model, precipitation is projected to 

decrease faster in wetter regions like the 

Luquillo Mountains, where EYNF is 

located, and the central mountains of 

Puerto Rico (Khalyani et al. 2016, p. 

274). In contrast, higher elevations may 

have a buffering effect on declining 

trends in precipitation (Bowden 2018, 

pers. comm.; Service 2019, pp. 65–66). 

Downscaled modeling for Puerto Rico 

was based on three Intergovernmental 

Panel on Climate Change global 

emissions scenarios from phase 3 of the 

Coupled Model Intercomparison Project 

(the CMIP3 data set): Mid-high (A2), 

mid-low (A1B), and low (B1) as the 

CMIP5 data set was not available for 

Puerto Rico at that time (Khalyani et al. 

2016, p. 267 and 279–280). These 

scenarios are generally comparable and 

span the more recent representative 

concentration pathways (RCP) scenarios 

from RCP4.5 (B1) to RCP8.5 (A2) (IPCC 

2014, p. 57). Under all of these 

scenarios, emissions increase, 

precipitation declines, temperature and 

total dry days increase, and portions of 

subtropical rain and wet forests (that 

Lepanthes eltoroensis occupies) are lost, 

while all wet and moist forest types 

decrease in size in Puerto Rico; the 

differences in the scenarios depends on 

the extent of these changes and the 

timing of when they are predicted to 

occur (Service 2019, p. 67). 

In general, projections show similar 

patterns of changes in precipitation and 

drought intensity and extremes, 

although total changes were greater for 

the A2 scenario (Khalyani et al. 2016, 

pp. 272–273, 274; Service 2019, pp. 59– 

60). Under scenarios A2, A1B, and B1, 

annual precipitation is projected to 

decrease. Current annual precipitation 

in Puerto Rico averages 745 to 4,346 mm 

(29 to 171 in.). However, differences in 

precipitation between the three 

scenarios were greater after midcentury, as was uncertainty of species’ 

response to the various scenarios past 

mid-century (Khalyani et al. 2016, p. 


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274). Before then, decreases in rainfall 

are expected to be far less; rainfall 

decreases are expected to be 0.0012 to 

0.0032 mm per day per year through 

2050 (PRCC 2013, p. 7). Additionally, 

for all three climate scenarios, 

significant decreases in precipitation for 

the northern wet forests (like EYNF) are 

not predicted until after 2040 (Service 

2019, p. 60). Furthermore, the U.S. 

Geological Survey projection for Puerto 

Rico predicts an overall drying of the 

island and a reduction in extreme 

rainfall occurrence; however, this model 

suggests higher elevations, like those 

supporting L. eltoroensis, may have a 

buffering effect on declining trends in 

precipitation (Bowden 2018, pers. 

comm.). Therefore, precipitation 

declines are not likely to occur in the 

area supporting L. eltoroensis during the 

foreseeable future. On the other hand, 

drought intensity increased steadily 

under all three scenarios (Khalyani et al. 

2016, pp. 274–275). This increase is 

linear for all three scenarios. Given that 

the projections for precipitation and 

drought diverge significantly after 

midcentury, it is difficult to reasonably 

determine the species’ response to the 

coming changes. 

All three scenarios predict increases 

in temperature (Khalyani et al. 2016, p. 

275). However, like with precipitation, 

projected increases in temperature are 

not substantial until after 2040. 

Projections show only a 0.8 °C (1.4 °F) 

increase by mid-century under all three 

scenarios. These scenarios differentiate 

the most from each other in later time 

intervals (after 2040) (Khalyani et al. 

2016, pp. 275, 277). Also, we are not 

aware of any information that indicates 

these air temperature increases will 

influence formation of the cloud cover 

over EYNF in the foreseeable future, 

which could in turn impact interior 

temperatures and humidity of the forest 

where Lepanthes eltoroensis is found. 

The divergence of all scenarios after 

2040 makes it difficult to predict the 

species’ likely future condition; 

therefore, we are relying on species’ 

response 20 to 30 years into the future. 

Climatic changes are projected in the 

life zone distributions in Puerto Rico, 

although the changes vary by life zone 

and are predicted to be much more 

significant after mid-century. Because 

life zones are derived from climate 

variables (e.g., precipitation and 

temperature), general changes in life 

zone distribution are similar to changes 

in climatic variables. For example, 

annual precipitation changes will result 

in shifts from wet and moist zones to 

drier zones (Khalyani et al. 2016, p. 

275), and changes in temperature will 

result in changes from subtropical to 

tropical. Under all three scenarios, 

models show decreasing trends in size 

for areas currently classified as wet and 

moist zones, while increasing trends 

were observed in the size covered by 

dry zones (Khalyani et al. 2016, pp. 275, 

279). Therefore, under all scenarios, 

reduction of the size of areas covered by 

subtropical rain and wet forests are 

anticipated. Nonetheless, the loss of wet 

and moist zones in the northeastern 

mountain area that supports Lepanthes 

eltoroensis is not predicted to be 

substantial, and the area is predicted to 

remain relatively stable until after 2040 

(Service 2019 p. 69). This may be due 

to possible buffering effects of elevation 

across the island. 

This projected shift of the life zones 

of Puerto Rico from humid to drier is 

the most important potential risk to 

Lepanthes eltoroensis. This includes 

changes in relative area and distribution 

pattern of the life zones, and the 

disappearance of humid life zones 

(Khalyani et al. 2016, p. 275). Decreased 

rainfall in northeastern Puerto Rico 

could cause migration, distribution 

changes, and potential extirpation of 

many species that depend on the unique 

environmental conditions of the rain 

forest (Weaver and Gould 2013, p. 62). 

These projections may have direct 

implications for L. eltoroensis because 

the acreage of the lower montane wet 

forest life zone it occupies could 

decrease, resulting in less habitat being 

available for the species. Epiphytes like 

L. eltoroensis could experience moisture 

stress due to higher temperatures and 

less cloud cover with a rising cloud 

base, affecting their growth and 

flowering (Nadkarni and Solano 2002, p. 

584). Due to its specialized ecological 

requirements and restricted 

distributions within the dwarf forest, L. 

eltoroensis could be more adversely 

impacted by the effects of climate 

change than other species with wider 

distribution (e.g., lower elevation 

species) and greater plasticity, thus 

reducing its viability. However, 

predictions of life zone changes are not 

expected to affect resiliency of L. 

eltoroensis within the foreseeable future 

(Service 2019, p. 69). 

Overall, we anticipate the range of 

Lepanthes eltoroensis could contract 

due to changes in climatic variables 

leading to loss of wet and tropical 

montane habitats. Although changes to 

precipitation and drought, temperature, 

life zones, and hurricane severity are 

expected to occur on Puerto Rico, 

thereby affecting the species’ habitat, 

they are not predicted to be substantial 

over the next 20 to 30 year foreseeable 

future. Modeling shows the divergence 

in these projections increases 

substantially after mid-century, making 

projections beyond 20 to 30 years more 

uncertain; as a result, the species’ 

response to those changes beyond 30 

years into the future is also uncertain 

(Khalyani et al. 2016, p. 275). 

Climate change is a primary risk 

factor to the species; however, under all 

climate emission scenarios, Lepanthes 

eltoroensis is projected to remain 

moderately resilient within the 

foreseeable future. There is very little 

projected contraction of the wet and 

moist forests 30 years into the future. 

Although increasing catastrophic 

hurricanes are possible, relocation of 

plants and appropriate forest 

management can ameliorate some of 

these impacts. Overall, the viability of 

the species is predicted to remain stable 

despite climate change impacts. 

Cumulative Effects 

We note that, by using the SSA 

framework to guide our analysis of the 

scientific information documented in 

the SSA report, we have not only 

analyzed individual effects on the 

species, but we have also analyzed their 

potential cumulative effects. We 

incorporate the cumulative effects into 

our SSA analysis when we characterize 

the current and future condition of the 

species. To assess the current and future 

condition of the species, we undertake 

an iterative analysis that encompasses 

and incorporates the threats 

individually and then accumulates and 

evaluates the effects of all the factors 

that may be influencing the species, 

including threats and conservation 

efforts. Because the SSA framework 

considers not just the presence of the 

factors, but to what degree they 

collectively influence risk to the entire 

species, our assessment integrates the 

cumulative effects of the factors and 

replaces a standalone cumulative effects 

analysis. 

Summary of Current Condition 

Viability is defined as the ability of 

the species to sustain populations in the 

wild over time. To assess the viability 

of Lepanthes eltoroensis, we used the 

three conservation biology principles of 

resiliency, representation, and 

redundancy (Shaffer and Stein 2000, pp. 

306–310). 

Factors that influence the resiliency of 

Lepanthes eltoroensis include 

abundance and growth trends within 

host trees; habitat factors such as 

elevation, slope, aspect, precipitation, 

temperature, and canopy cover; and 

presence of moss, mycorrhizal fungi, 

and pollinators. Influencing those 

factors are elements of L. eltoroensis’s 

ecology that determine whether 


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populations can grow to maximize 

habitat occupancy, thereby increasing 

resiliency. Stochastic factors that have 

the potential to affect L. eltoroensis 

include impacts to its habitat from 

hurricanes and effects of climate change 

(i.e., changes in temperature and 

precipitation regimes). Beneficial factors 

that influence resiliency include the 

protected status of the species’ habitat, 

as the known range of the species is 

entirely within the El Toro Wilderness 

and, therefore, protected from humancaused habitat loss and collection. 

The number of Lepanthes eltoroensis 

individuals is greater than at the time of 

listing (Tremblay 2008, p. 90), 

approximately 3,000 individual plants 

currently. The distribution of L. 

eltoroensis has not been investigated 

outside of traditional areas (i.e., just off 

El Toro and Trade Wind trails); 

however, additional populations may 

occur within suitable habitat outside El 

Toro Trail. In fact, additional 

individuals have been found near, but 

outside of, El Toro Trail (Tremblay 

2008, p. 90). Assuming a 

metapopulation size of 3,000 

individuals and observed stable 

subpopulations from past surveys 

(including recent partial surveys in 

2018), these numbers indicate that the 

species has the ability to recover from 

normal stochastic disturbances; thus, we 

consider the species to be moderately 

resilient. 

We lack the genetic and ecological 

diversity data to characterize 

representation for Lepanthes eltoroensis. 

In the absence of species-specific 

genetic and ecological diversity 

information, we typically evaluate 

representation based on the extent and 

variability of habitat characteristics 

across the geographical range. Because 

the species does not appear to have 

much physiological flexibility given that 

it has a rather restricted distribution 

(cloud forests on ridges), representative 

units were not delineated for this 

species. Available data suggest that 

conditions are present for genetic drift 

and inbreeding depression (Tremblay 

1997a, p. 92). However, the most 

updated L. eltoroensis information 

shows that the species survived the 

almost entire deforestation of the 

lowlands of EYNF (habitat surrounding 

the known localities of L. eltoroensis) 

and the associated changes in 

microhabitat conditions, and thus the 

species has the ability to adapt to 

changing environmental conditions (i.e., 

natural disturbances) over time and 

does not appear to be effected by genetic 

drift at present. Furthermore, some of 

the factors that we concluded would 

reduce representation at the time of 

listing, such as habitat destruction and 

collection, are no longer acting as 

stressors upon the species. Finally, 

because the population is significantly 

larger than was known at the time of 

listing, representation has improved. 

Redundancy for Lepanthes eltoroensis is 

the total number and resilience of 

subpopulations and their distribution 

across the species’ range. This species is 

endemic to EYNF, and it has not been 

introduced elsewhere. Despite the 

presence of multiple subpopulations 

(i.e., host trees), these subpopulations 

are located within a narrow/restricted 

range at El Toro Wilderness and are all 

exposed to similar specific habitat and 

environmental conditions. Although 

redundancy is naturally low due to the 

narrow range that the species inhabits, 

it has recovered from past natural 

disturbances (i.e., hurricanes, tropical 

storms, etc.) and is considered more 

abundant within its habitat than 

previously documented, as noted above. 

Projected Future Status 

Lepanthes eltoroensis only occurs 

within the protected EYNF lands where 

stressors—including forest management 

practices, urban development 

surrounding EYNF, and 

overcollection—are not expected to be 

present or are expected to remain 

relatively stable. Because L. eltoroensis 

occurs on protected lands managed by 

the USFS, it will benefit from their 

ongoing conservation practices, which 

include the relocation of plants from 

fallen host trees after a hurricane, as 

deemed necessary, to alleviate the 

negative impacts of these storm events. 

The effect of genetic drift on the species 

into the future is unknown, but L. 

eltoroensis has thus far demonstrated 

the ability to adapt to changing 

environmental conditions (i.e., natural 

disturbances) over time (Service 2019, 

pp. 51–52). The primary stressors 

affecting the future condition of L. 

eltoroensis are current and ongoing 

climate change (Mele ́ndez-Ackerman 

and Tremblay 2017, p. 1) and the 

associated shifts in rainfall, 

temperature, and storm intensities. 

These stressors account for indirect and 

direct effects at some level to all life 

stages and across the species’ range. 

To examine the potential future 

condition of Lepanthes eltoroensis, we 

used three future scenarios based on 

climate change predictions for Puerto 

Rico (Khalyani et al. 2016, entire), 

which used global emission scenarios 

(mid-high (A2), mid-low (A1B), and low 

(B1) (Nakicenovic and Swart 2000, 

entire)) to capture a range of possible 

scenarios. Our assessment of future 

viability includes qualitative 

descriptions of the likely impacts of 

climate change under the above three 

scenarios from the literature and is 

intended to capture the uncertainty in 

the species’ response to climate 

stressors as well as capture our lack of 

information on abundance and growth 

rates relative to each scenario. 

Although modeling projects large 

changes in temperature and 

precipitation to Puerto Rico through 

2100, the divergence in these 

projections increases substantially after 

mid-century, making projections beyond 

20 to 30 years more uncertain (Khalyani 

et al. 2016, p. 275). By mid-21st century, 

Puerto Rico is predicted to be subject to 

a decrease in rainfall, along with 

increase drought intensity, particularly 

in wetter regions like EYNF (Khalyani et 

al. 2016, pp. 265, 274–275). Given the 

average lifespan of the species 

(approximately 5 years), a period of 20 

to 30 years allows for multiple 

generations and detection of any 

population changes. 

In summary, changes to precipitation 

and drought, temperature, and life zones 

are expected to occur on Puerto Rico, 

but are not predicted to be substantial 

within the foreseeable future. Although 

modeling shows changes to Puerto Rico 

through 2100, the divergence in these 

projections increases after mid-century, 

making projections beyond 20 to 30 

years more uncertain; as a result, the 

species’ response beyond 20 to 30 years 

is also uncertain. 

These projected changes may have 

direct or at least indirect effects on 

Lepanthes eltoroensis; however, 

viability of the species under all 

scenarios is expected to remain stable 

within the foreseeable future (Service 

2019, p. 71). Potential direct effects 

include a reduced number of seedlings 

as the number of dry days increase, a 

reduced number of fruits as minimum 

average temperature increases, and a 

reduced number of adults as maximum 

temperature increases (Olaya-Arenas et 

al. 2011, p. 2042). Indirect effects are 

related to potential changes in moss 

cover and composition due to 

temperature and precipitation changes. 

Data from related species showed that 

orchid density, growth, and 

establishment were positively 

associated with moss species richness 

(Crain 2012, pp. 15–16; Garcia-Cancel et 

al. 2013, p. 6). Therefore, a change in 

forest temperature and humidity could 

affect the establishment and distribution 

of moss and also L. eltoroensis (Service 

2019, p. 11). 

Persistence of the species through 

repeated past hurricanes and other 

storms indicates that the species has the 

ability to recover and adapt from 


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disturbances. In fact, many researchers 

at EYNF have concluded that hurricanes 

are the main organizing force of the 

forests (Service 2019, p.71). The forests 

go through a cycle that averages 60 

years, starting with great impact by 

winds and rain of a hurricane, and then 

60 years of regrowth (Lugo 2008, p. 

371). In those 60 years of regrowth, 

complete changes in the species that 

dominate the landscape can occur. 

Although the hurricane appears 

destructive, it can be constructive 

because it makes the area more 

productive—it rejuvenates the forest 

(Service 2019, p. 71). Currently, EYNF 

is at the initial phase of early succession 

following Hurricane Maria (2017), 

which produced severe tree mortality 

and defoliation, including Lepanthes 

eltoroensis host trees. 

In general, we anticipate the range of 

the species may contract somewhat due 

to changes in climatic variables, 

although the loss of wet and moist zones 

in the northeastern mountain area that 

supports Lepanthes eltoroensis is not 

predicted to be substantial within the 

foreseeable future (Service 2019, p. 66). 

Any range contraction may be 

exacerbated by an increase in the 

frequency and severity of hurricanes. 

However, as the species occurs within 

EYNF, synergistic negative effects of 

development and deleterious forest 

management practices are unlikely 

threats to the species in the future. 

Lepanthes eltoroensis and its habitat at 

the EYNF are protected by congressional 

designation of El Toro Wilderness Area 

(Forest Plan 2016, p. 32), thus 

precluding human disturbance. Because 

the EYNF management plan includes a 

set of standards and guidelines to 

protect the natural resources within the 

El Toro Wilderness, including cooccurring federally listed species (e.g., 

Ilex sintenisii and palo colorado) 

(Service 2019, pp. 1, 32–35), the Service 

anticipates continued implementation 

of conservation and management 

practices to improve the habitat of all 

species within the area, including 

actions to mitigate hurricane impacts. 

To summarize the future viability of 

Lepanthes eltoroensis, resiliency is 

projected to remain moderate through at 

least the next 20 to 30 years under all 

future scenarios. As mentioned above, 

very little contraction of the wet and 

moist forests is predicted within this 

timeframe. Although increasing 

catastrophic hurricanes are possible, 

relocation of plants can ameliorate some 

of these impacts. Redundancy is 

expected to remain stable under all 

scenarios for the next 20 to 30 years. 

However, Lepanthes eltoroensis has 

persisted through catastrophic events in 

the past, and we expect it to remain 

viable within the foreseeable future. 

Because the species has a rather 

restricted distribution, representative 

units were not delineated for this 

species. The current condition of low 

genetic and environmental diversity, 

and little breadth to rely on if some 

plants are lost, is expected to continue 

under all scenarios, at least through the 

next 20 to 30 years. Available data 

suggest that conditions are present for 

genetic drift and inbreeding. However, 

Lepanthes eltoroensis has demonstrated 

the ability to adapt to changing 

environmental conditions (i.e., natural 

disturbances) over time and does not 

appear to be affected by genetic drift. 

Summary of Comments and 

Recommendations 

In the proposed rule published on 

March 10, 2020 (85 FR 13844), we 

requested that all interested parties 

submit written comments on the 

proposed delisting of Lepanthes 

eltoroensis and the draft post-delisting 

monitoring (PDM) plan by May 11, 

2020. We also contacted appropriate 

Federal and State agencies, scientific 

experts and organizations, and other 

interested parties and invited them to 

comment on the proposal and plan. A 

newspaper notice inviting general 

public comments was published in 

Primera Hora (major local newspaper) 

and also announced using online and 

social media sources. We did not 

receive any requests for a public 

hearing. 

Peer Review 

In accordance with our joint policy on 

peer review published in the Federal 

Register on July 1, 1994 (59 FR 34270), 

and the Service’s August 22, 2016, 

Director’s Memo on the Peer Review 

Process, we sought the expert opinions 

of five appropriate and independent 

specialists regarding the SSA report for 

Lepanthes eltoroensis. These peer 

reviewers have expertise in L. 

eltoroensis or similar epiphytic orchid 

species’ biology or habitat, or climate 

change. We received comments from 

one of the five peer reviewers. The 

purpose of peer review is to ensure that 

our decisions are based on scientifically 

sound data, assumptions, and analyses. 

We reviewed all comments received 

from the peer reviewer for substantive 

issues and new information contained 

in the Lepanthes eltoroensis SSA report. 

The peer reviewer generally concurred 

with our methods and conclusions, and 

provided additional information, 

clarifications, and suggestions to 

improve the final SSA report. We 

revised the final SSA, which supports 

this final rule, as appropriate, in 

response to the comments and 

suggestions we received from the peer 

reviewer. 

Public Comments 

We reviewed all public comments for 

substantive issues and new information 

regarding the species. Substantive 

comments we received during the 

comment period are addressed below 

and, where appropriate, are 

incorporated directly into this final rule. 

(1) Comment: One commenter 

indicated that the species should not be 

delisted because the population growth 

rate is highly variable, and the 

population is generally decreasing; 

further, seedling individuals are slowly 

decreasing, and plant mortality is 

slowly increasing following Hurricane 

Maria in September 2017. 

Our Response: The commenter did 

not provide substantial new information 

to support this comment. In addition, 

we do not have evidence indicating the 

species shows a long-term (over the past 

three decades) decreasing trend. In fact, 

the overall number of individuals 

detected has increased since the time of 

listing (1991) from 140 to approximately 

3,000 individuals estimated along the 

Trade Winds Trail (Tremblay 2008, p. 

90). Further populations (host trees) are 

expected to occur within suitable 

habitat just outside this trail in areas 

that have not yet been surveyed due to 

the inaccessibility and steepness of the 

terrain (Tremblay 2008, p. 90). Thus, the 

species’ viability is supported by 

information showing an increased 

number of individuals over the past 

three decades. 

The species’ mean lifespan is 

approximately 5.2 years, with an 

average annual mortality rate of 10 

percent; however, this mortality rate 

varies greatly among life stages, with 

increased survival of older stages 

(adults) (Tremblay 2000, p. 265; RosaFuentes and Tremblay 2007, p. 207). 

This relatively short lifespan coupled 

with a relatively high mortality rate 

indicates that the species probably 

would have gone extinct were it not 

currently viable. 

A seasonal decrease in number of 

seedlings may also be associated with 

transition to more mature stages 

(juveniles and non-reproductive adults). 

As expected, a higher mortality of 

seedlings (80.3 percent) was found 6 

months after Hurricane Maria due to the 

changes in canopy structure and 

associated microhabitat conditions that 

promoted drought stress (MelendezAckerman et al. 2019, p. 4). However, an 

overall survival rate for monitored 

plants was found to be approximately 


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80 percent (Melendez-Ackerman et al. 

2019, p. 5). In addition, in August 2018, 

at least 1,105 live individuals (768 in 

the El Toro trail and 337 in a portion of 

the Trade Winds trail) distributed across 

61 phorophytes (host trees) were 

recorded after Hurricane Maria. While 

the surveyed number (1,105 

individuals) is less than the estimated 

3,000 population size, this is the result 

of monitoring of accessible habitat 

following the hurricane, and there is a 

consensus among experts that the 

species’ distribution extends beyond the 

surveyed areas. 

(2) Comment: Several commenters 

indicated that the species should not be 

delisted based on the impacts from 

hurricanes, including expected higher 

frequency and intensity of hurricanes 

associated with climate change. 

Commenters indicated that the species’ 

habitat is still recovering from the 

impacts of Hurricane Maria in 2017, as 

shown by low percentage of forest cover 

(34 percent in June 2019), increase in 

higher monthly averages in minimum 

temperatures, and lower number of 

moss species. One commenter expressed 

that, in general, the occurrences of 

Lepanthes spp. are correlated with high 

levels of moss cover, moss cover seems 

to be important for orchid growth and 

survival, and moss cover was affected 

by the hurricane. The commenter also 

mentioned that the L. eltoroensis 

population is still at pre-hurricane 

levels, having only added 100 

individuals during surveys conducted 

post-hurricane and comparing with the 

numbers obtained as part of the 

assessments commissioned by the 

Service prior to Hurricane Maria. 

Our Response: As recognized in the 

proposed rule and the SSA report, we 

acknowledge the impacts from 

hurricanes and their expected higher 

frequency due to climate change. 

Lepanthes eltoroensis is endemic to El 

Toro and Trade Winds trails at El 

Yunque National Forest (EYNF), an area 

subject to recurrent hurricanes and 

storms. The continued presence and 

viability of the species through repeated 

past hurricanes (e.g., Hugo, Hortense, 

Georges, Irma, and Maria) shows the 

species has the ability to overcome and 

adapt from such disturbances. In fact, 

the species survived the peak in 

deforestation in Puerto Rico, including 

deforestation of the lowlands of EYNF, 

and the impact of Hurricane San Felipe 

II in 1928, the only category 5 hurricane 

on record to directly impact Puerto 

Rico. Thus, the species has been 

exposed to extreme natural disturbance 

and landscape modification via forest 

cover loss and moss reduction at EYNF 

that likely resulted in changes in 

microhabitat conditions (i.e., higher 

temperature and evapotranspiration) 

caused by these disturbances and 

stochastic events. 

As addressed in the Lepanthes 

eltoroensis SSA report (Service 2019, p. 

73), hurricanes are the main organizing 

force of the forests of EYNF, and the 

forests goes through a cycle that 

averages 60 years (Lugo 2008, p. 383). 

The cycle starts with great impact from 

winds and rain of a hurricane followed 

by 60 years of regrowth. Thus, L. 

eltoroensis is naturally adapted to 

hurricane disturbance, and we expected 

it to remain viable in habitats subject to 

such intermittent disturbances (e.g., 

hurricanes) (Crain et al. 2019, p. 89). 

Direct impacts to L. eltoroensis 

occurred from Hurricane Maria, and 

seedlings experienced high mortality 

following the disturbance (MelendezAckerman 2019, p. 4; Herna ́ndez-Mun ̃iz 

et al., accepted for publication, entire). 

However, 16 previously unknown host 

trees (new populations) were recorded 

during post-hurricane surveys, 

indicating the species may be more 

widespread within its habitat 

(Melendez-Ackerman 2019, p. 2; 

Herna ́ndez-Mun ̃iz et al., accepted for 

publication, entire). 

Despite the species’ apparent 

preference for caimitillo (Micropholis 

garciniifolia) (endemic to the higher 

elevations of EYNF) as a host tree, there 

are records of L. eltoroensis growing on 

palma de sierra (Prestoea acuminata) 

and helecho arboreo (Cyathea arborea), 

which are fast-growing species with 

widespread distributions within L. 

eltoroensis habitat whose abundance is 

favored by hurricanes. Therefore, the 

availability of potential host trees for L. 

eltoroensis should not be a limiting 

factor following hurricanes. 

(3) Comment: One commenter 

indicated that the species should not be 

delisted because there is a need of 

crucial data on the species’ reproductive 

biology (e.g., breeding system and 

pollinators), the feasibility of 

propagation, habitat requirements, and 

the ecology of the species. 

Our Response: We are required to 

make our determinations based on the 

best available scientific and commercial 

data at the time the determination is 

made. A need for further research on a 

species is not necessarily relevant to the 

question of whether the species meets 

the definition of an ‘‘endangered 

species’’ or a ‘‘threatened species.’’ 

Regardless of the mechanism for 

pollination of the species, reproduction 

and recruitment of Lepanthes 

eltoroensis is occurring, evidenced by 

the presence of different size classes. 

The reportedly low fruit set of the 

species is not atypical of orchids of this 

type; thus, we do not consider it a 

concern for the future viability of the 

species. Finally, delisting the species 

does not prevent continued research on 

the species. 

(4) Comment: One commenter 

indicated that the species should not be 

delisted because its habitat has not been 

completely surveyed, and there is a 

need to gather information on the 

species’ distribution and abundance. 

Our Response: As stated above, we 

make our status determinations based 

on the best available scientific and 

commercial data at the time the 

determination is made. Our analysis of 

the best commercial and scientific 

information available indicates that 

Lepanthes eltoroensis does not meet the 

Act’s definitions of an ‘‘endangered 

species’’ or a ‘‘threatened species.’’ 

Despite the limited range of this species, 

we determined that stressors either have 

not occurred, have been ameliorated, or 

are not expected to occur to the extent 

anticipated at the time of listing in 1991. 

We acknowledge that the species has 

not been extensively surveyed outside 

the El Toro and Trade Winds trails due 

to the areas’ remoteness and steep 

topography (Service 2019, p. 19). 

However, new occupied host trees were 

identified after Hurricane Maria, 

indicating the species extends beyond 

previously known areas. Additionally, 

species experts from University of 

Puerto Rico (University), in 

collaboration with the USFS and the 

Service, developed a habitat model 

using environmental variables such as 

elevation, aspect, and a topographic 

position index and heat load (Sparklin 

2020, unpublished data). Although this 

model is pending field validation, the 

result from this analysis shows that 

further suitable habitat extends outside 

traditionally surveyed areas, including 

areas of Pico El Yunque and Pico del 

Este (Sparklin 2020, unpublished data). 

For these reasons, current population 

numbers are likely underestimated as 

the species is expected to be more 

widespread particularly considering the 

pristine status of its habitat. Further, 

delisting the species does not prevent 

future study or habitat surveys. 

(5) Comment: We received public 

comments indicating that the species 

should not be delisted because the 

Service has not completed the recovery 

actions stated in the species recovery 

plan. Two commenters indicated that 

the species should not be delisted 

because an agreement between the 

Service and the USFS concerning the 

protection of Lepanthes eltoroensis 

within the El Yunque National Forest 

property has not been prepared and 


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implemented (Recovery Objective #1). 

In addition, two commenters indicated 

that the species should not be delisted 

because new populations (the number of 

which should be determined following 

the appropriate studies) capable of selfperpetuation have not been established 

within protected areas (Recovery 

Objective #2). 

Our Response: Recovery plans 

provide roadmaps to species recovery, 

but are not required in order to achieve 

recovery of a species or to evaluate it for 

delisting. In addition, recovery plans are 

also nonbinding documents that rely on 

voluntary participation from 

landowners, land managers, and other 

recovery partners. A determination of 

whether a valid, extant species should 

be delisted is made solely on the 

question of whether it meets the Act’s 

definitions of an ‘‘endangered species’’ 

or a ‘‘threatened species.’’ We have 

determined that Lepanthes eltoroensis 

does not. 

As addressed under Recovery and 

Recovery Plan Implementation in the 

proposed rule (85 FR 13844, pp. 13852– 

13854), we consider the need for an 

agreement between the Service and 

USFS as obsolete. At the time the 

recovery plan was approved in 1996, 

this agreement was deemed as needed 

because the potential of habitat 

modification due to forest management 

practices (e.g., establishment and 

maintenance of plantations, selective 

cutting, trail maintenance, and shelter 

construction). However, the habitat 

where L. eltoroensis is found was 

congressionally designated as El Toro 

Wilderness Area in 2005. This 

designation provides stronger protection 

for L. eltoroensis than a conservation 

agreement would. The designated 

wilderness area is managed to retain 

primitive character without any 

permanent improvements or human 

habitation, and to preserve its natural 

conditions (USFS 2016, pp. 32–35). 

Currently, trails across L. eltoroensis 

habitat are used mostly by researchers 

and forest personnel; few human 

encounters are expected on these trails 

(USFS 2016, pp. 32–35), and no 

evidence indicates that forest 

management practices are negatively 

impacting the species. 

Also addressed under Recovery and 

Recovery Plan Implementation in the 

proposed rule (85 FR 13844, pp. 13852– 

13854), the second recovery criterion 

regarding establishment of new 

populations capable of self-perpetuation 

within protected areas is no longer 

necessary because additional 

populations (host trees) and individuals 

have been found since the species was 

listed. In addition, new host trees have 

been found as part of increased survey 

efforts. Moreover, recent habitat 

modeling indicates suitable habitat 

extends beyond traditional surveyed 

areas; thus, population numbers are 

expected to be higher. 

(6) Comment: Several commenters 

indicated that the species should not be 

delisted because it is still threatened by 

potential overutilization for commercial, 

recreational, scientific, or educational 

purposes (Factor B); disease or 

predation (Factor C); the inadequacy of 

existing regulatory mechanisms (Factor 

D); and other natural or manmade 

factors (Factor E). Particularly, one 

commenter highlighted the potential 

impacts due to overutilization for 

commercial and recreational purposes 

and that the species may be in private 

collections. One commenter indicated 

that several Lepanthes species may exist 

ex-situ in private collections in the 

Netherlands, provided a photo, and 

suggested further investigation to 

potential poaching is needed. 

Our Response: The commenters did 

not provide substantial new information 

indicating that Factors B, C, D, and E are 

threats to Lepanthes eltoroensis. We are 

proactively collaborating with the 

species’ experts, and no specific 

information on these issues have been 

brought to our attention or highlighted 

as a threat. As for the potential poaching 

of the species, the known populations 

and prime habitat occur on Federal 

lands congressionally designated as the 

El Toro Wilderness to preserve its 

natural conditions, including L. 

eltoroensis. Standards specific to the El 

Toro Wilderness include no salvaging of 

timber, no issuing permits for collection 

of plants or plant material unless for a 

scientific purpose, no new special-use 

permits for facilities or occupancy, 

managing recreation to minimize the 

number of people on the trails, and no 

construction of new trails. In addition, 

the known populations of L. eltoroensis 

occur on remote areas with little human 

traffic, and are subject to surveillance by 

USFS law enforcement officers. The 

Netherlands record is from a photo, and 

it is not clear that it is actually from a 

private collection. There is no evidence 

indicating that Lepanthes eltoroensis 

has been advertised for sale or that it is 

in private collections. In addition, there 

is no historical or current evidence of 

poaching of the species. 

Determination of Status of Lepanthes 

Eltoroensis 

Section 4 of the Act (16 U.S.C. 1533), 

and its implementing regulations (50 

CFR part 424), set forth the procedures 

for determining whether a species meets 

the definition of ‘‘endangered species’’ 

or ‘‘threatened species.’’ The Act defines 

an ‘‘endangered species’’ as a species 

that is in danger of extinction 

throughout all or a significant portion of 

its range, and a ‘‘threatened species’’ as 

a species that is likely to become an 

endangered species within the 

foreseeable future throughout all or a 

significant portion of its range. For a 

more detailed discussion on the factors 

considered when determining whether a 

species meets the definition of an 

endangered species or a threatened 

species and our analysis on how we 

determine the foreseeable future in 

making these decisions, please see 

Regulatory and Analytical Framework. 

Status Throughout All of Its Range 

After evaluating threats to the species 

and assessing the cumulative effect of 

the threats under the section 4(a)(1) 

factors, we note that more individuals 

are known to occur than at the time of 

listing. Additionally, the best 

metapopulation estimate of 3,000 

individuals is likely an underestimate, 

as not all potential habitat has been 

surveyed. Despite the effects of a small 

population size, continued limited 

distribution, and conditions rife for low 

gene flow (Factor E), the species has 

adapted to changing environmental 

conditions. Threats from incompatible 

forest management practices (Factor A) 

and collection (Factor B) have been 

addressed by regulatory changes, and 

are not anticipated to negatively affect 

Lepanthes eltoroensis in the future. 

Although hurricanes (Factor E) have the 

potential to negatively impact growth 

rates and survival of L. eltoroensis, 

stable subpopulations, even after recent 

severe hurricanes, indicate this species 

recovers from these natural 

disturbances. The greatest threat to the 

future of L. eltoroensis comes from the 

effects of climate change (Factor E); 

however, while changes to precipitation 

and drought, temperature, and life zones 

are expected to occur on Puerto Rico, 

they are not predicted to be substantial 

within the foreseeable future, and the 

viability of the species is expected to 

remain stable. We anticipate small 

population dynamics (small population 

size and restricted gene flow) (Factor E) 

will continue to be a concern, as 

conditions for genetic drift are present, 

nonetheless L. eltoroensis has 

demonstrated the ability to adapt to 

changing environmental conditions over 

time at population levels lower than 

they are currently or projected to be in 

the future. 

The species was originally listed as an 

endangered species due to its rarity, 

restricted distribution, specialized 

habitat, and vulnerability to habitat 


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destruction or modification, as well as 

because of collection for commercial/ 

recreational uses. We find that these 

threats are no longer affecting the status 

of the species, as they have been 

minimized or eliminated. Surveys over 

the past 18 years, including following 

two strong hurricanes in 2018, 

documented more individuals than 

known at the time of listing, and the 

population appears to be relatively 

stable. The habitat at EYNF, where the 

species occurs, is a designated 

wilderness area and managed for its 

natural conditions; we conclude that 

this legal protection has addressed the 

threat of habitat modification or 

destruction to the degree that it is no 

longer a threat to the species continued 

existence. In addition, collection is 

prohibited under Puerto Rican law and 

USFS regulations, and there is no 

indication this is a current threat to the 

species. Stability of the species through 

repeated past strong hurricanes 

indicates the species has the ability to 

coexist with disturbances. While a 

narrow endemic, the species has 

continued to be viable across its 

historical range with all life stages 

represented and in good health. While 

projections show increasing 

temperatures and decreasing 

precipitation over time into the future, 

projected impacts to the species’ habitat 

(e.g., life zone changes) are not expected 

to be significant within the foreseeable 

future (Service 2019, p. 69). Recent, yet 

unpublished, downscaled climate 

modeling (Bowden 2018, pers. comm.) 

indicates that higher elevation areas, 

like those supporting L. eltoroensis, may 

be buffered from the more generally 

predicted level of precipitation changes. 

This species has also demonstrated the 

ability to adapt to changes in its 

environment. Since the species was 

listed, warming temperatures have been 

documented and precipitation levels 

have decreased, yet the species has 

demonstrated resiliency. Additionally, 

following strong hurricanes that affected 

the species’ habitat, abundance has 

remained stable, with all age classes 

represented and in good health. While 

suitable habitat conditions for the 

species may contract some over the 

foreseeable future, the species is likely 

to continue to maintain close to current 

levels of resiliency, redundancy, and 

representation. We conclude that there 

are no existing or potential threats that, 

either alone or in combination with 

others (i.e., forest management 

practices, climate change, and hurricane 

damage), are likely to cause the species’ 

viability to decline. Thus, after assessing 

the best available information, we 

determine that L. eltoroensis is not in 

danger of extinction now nor likely to 

become so within the foreseeable future 

throughout all of its range. 

Status Throughout a Significant Portion 

of Its Range 

Under the Act and our implementing 

regulations, a species may warrant 

listing if it is in danger of extinction or 

likely to become so within the 

foreseeable future throughout all or a 

significant portion of its range. Having 

determined that Lepanthes eltoroensis is 

not in danger of extinction or likely to 

become so within the foreseeable future 

throughout all of its range, we now 

consider whether it may be in danger of 

extinction or likely to become so within 

the foreseeable future in a significant 

portion of its range—that is, whether 

there is any portion of the species’ range 

for which it is true that both (1) the 

portion is significant; and (2) the species 

is in danger of extinction now or likely 

to become so in the foreseeable future in 

that portion. Depending on the case, it 

might be more efficient for us to address 

the ‘‘significance’’ question or the 

‘‘status’’ question first. We can choose to 

address either question first. Regardless 

of which question we address first, if we 

reach a negative answer with respect to 

the first question that we address, we do 

not need to evaluate the other question 

for that portion of the species’ range. 

In undertaking this analysis for 

Lepanthes eltoroensis, we choose to 

address the status question first—we 

consider information pertaining to the 

geographic distribution of both the 

species and the threats that the species 

faces to identify any portions of the 

range where the species is endangered 

or threatened. Lepanthes eltoroensis is a 

narrow endemic that functions as a 

single, contiguous population (with a 

metapopulation structure) and occurs 

within a very small area (EYNF, Puerto 

Rico). Thus, there is no biologically 

meaningful way to break this limited 

range into portions, and the threats that 

the species faces affect the species 

throughout its entire range. This means 

that no portions of the species’ range 

have a different status from its 

rangewide status. Therefore, no portion 

of the species’ range can provide a basis 

for determining that the species is in 

danger of extinction now or likely to 

become so in the foreseeable future in 

a significant portion of its range, and we 

find the species is not in danger of 

extinction now or likely to become so in 

the foreseeable future in any significant 

portion of its range. This is consistent 

with the courts’ holdings in Desert 

Survivors v. Department of the Interior, 

No. 16–cv–01165–JCS, 2018 WL 

4053447 (N.D. Cal. Aug. 24, 2018), and 

Center for Biological Diversity v. Jewell, 

248 F. Supp. 3d, 946, 959 (D. Ariz. 

2017). 

Determination of Status 

Our review of the best available 

scientific and commercial data indicates 

that Lepanthes eltoroensis does not meet 

the definition of an endangered species 

or a threatened species in accordance 

with sections 3(6) and 3(20) of the Act. 

Therefore, we are removing Lepanthes 

eltoroensis from the Federal List of 

Endangered and Threatened Plants. 

Effects of This Rule 

This final rule revises 50 CFR 17.12(h) 

to remove Lepanthes eltoroensis from 

the Federal List of Endangered and 

Threatened Plants. Therefore, revision 

of the species’ recovery plan is not 

necessary. On the effective date of this 

rule (see DATES, above), the prohibitions 

and conservation measures provided by 

the Act, particularly through sections 7 

and 9, no longer apply to this species. 

Federal agencies will no longer be 

required to consult with the Service 

under section 7 of the Act in the event 

that activities they authorize, fund, or 

carry out may affect L. eltoroensis. There 

is no critical habitat designated for this 

species. 

Post-Delisting Monitoring 

Section 4(g)(1) of the Act requires us 

to monitor for not less than 5 years the 

status of all species that are delisted due 

to recovery. Post-delisting monitoring 

(PDM) refers to activities undertaken to 

verify that a species delisted due to 

recovery remains secure from the risk of 

extinction after the protections of the 

Act no longer apply. The primary goal 

of PDM is to monitor the species to 

ensure that its status does not 

deteriorate, and if a decline is detected, 

to take measures to halt the decline so 

that proposing it as an endangered or 

threatened species is not again needed. 

If at any time during the monitoring 

period data indicate that protective 

status under the Act should be 

reinstated, we can initiate listing 

procedures, including, if appropriate, 

emergency listing. At the conclusion of 

the monitoring period, we will review 

all available information to determine if 

relisting, the continuation of 

monitoring, or the termination of 

monitoring is appropriate. 

Section 4(g) of the Act explicitly 

requires that we cooperate with the 

States in development and 

implementation of PDM programs. 

However, we remain ultimately 

responsible for compliance with section 

4(g) and, therefore, must remain actively 


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31986 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 

engaged in all phases of PDM. We also 

seek active participation of other 

entities that are expected to assume 

responsibilities for the species’ 

conservation after delisting. The Service 

has coordinated with PRDNER and 

USFS on the PDM. 

We prepared a PDM plan for 

Lepanthes eltoroensis (Service 2019, 

entire). We published a notice of 

availability of a draft PDM plan with the 

proposed delisting rule (85 FR 13844; 

March 10, 2020), and we did not receive 

any comments on the plan. Therefore, 

we consider the plan final. The plan is 

designed to detect substantial declines 

in the species, with reasonable certainty 

and precision, or an increase in threats. 

The plan: 

(1) Summarizes the species’ status at 

the time of proposed delisting; 

(2) Defines thresholds or triggers for 

potential monitoring outcomes and 

conclusions; 

(3) Lays out frequency and duration of 

monitoring; 

(4) Articulates monitoring methods, 

including sampling considerations; 

(5) Outlines data compilation and 

reporting procedures and 

responsibilities; and 

(6) Provides a PDM implementation 

schedule, funding, and responsible 

parties. 

The final PDM plan is available at 

https://ecos.fws.gov and at http://

www.regulations.gov in Docket No. 

FWS–R4–ES–2019–0073. It is our intent 

to work with our partners towards 

maintaining the recovered status of 

Lepanthes eltoroensis. 

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 

(NEPA; 42 U.S.C. 4321 et seq.), need not 

be prepared in connection with 

determining a species’ listing status 

under the Endangered Species Act. In 

an October 25, 1983, notice in the 

Federal Register (48 FR 49244), we 

outlined our reasons for this 

determination, which included a 

compelling recommendation from the 

Council on Environmental Quality that 

we cease preparing environmental 

assessments or environmental impact 

statements for listing decisions. 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994 

(Government-to-Government Relations 

with Native American Tribal 

Governments; 59 FR 22951), Executive 

Order 13175 (Consultation and 

Coordination With Indian Tribal 

Governments), and the Department of 

the Interior’s manual at 512 DM 2, we 

readily acknowledge our responsibility 

to communicate meaningfully with 

recognized Federal Tribes on a 

government-to-government basis. We 

have determined that there are no Tribal 

interests affected by this rule. 

References Cited 

A complete list of references cited in 

this rulemaking is available on the 

internet at http://www.regulations.gov 

under Docket No. FWS–R4–ES–2019– 

0073 and upon request from the 

Caribbean Ecological Services Field 

Office (see FOR FURTHER INFORMATION

CONTACT). 

Authors 

The primary authors of this rule are 

the staff members of the Service’s 

Species Assessment Team and 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 

■ 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. 

§ 17.12 [Amended] 

■ 2. Amend § 17.12(h) by removing the 

entry for ‘‘Lepanthes eltoroensis’’ under 

FLOWERING PLANTS from the List of 

Endangered and Threatened Plants. 

Martha Williams, 

Principal Deputy Director, Exercising the 

Delegated Authority of the Director, U.S. Fish 

and Wildlife Service. 

[FR Doc. 2021–12528 Filed 6–15–21; 8:45 am] 

BILLING CODE 4333–15–P 


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