Endangered and Threatened Wildlife and Plants; Two Species Not Warranted for Listing as Endangered or Threatened Species
| Published date | 01 September 2020 |
| Citation | 85 FR 54339 |
| Record Number | 2020-16721 |
| Section | Proposed rules |
| Court | Fish And Wildlife Service |
Federal Register, Volume 85 Issue 170 (Tuesday, September 1, 2020)
[Federal Register Volume 85, Number 170 (Tuesday, September 1, 2020)]
[Proposed Rules]
[Pages 54339-54342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16721]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES11110900000 201]
Endangered and Threatened Wildlife and Plants; Two Species Not
Warranted for Listing as Endangered or Threatened Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of findings.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 12-
month findings on petitions to add Big Cypress epidendrum (Epidendrum
strobiliferum) and Cape Sable orchid (Trichocentrum undulatum) to the
List of Endangered and Threatened Plants under the Endangered Species
Act of 1973, as amended (Act). After a thorough review of the best
available scientific and commercial information, we find that it is not
warranted at this time to list the Big Cypress epidendrum or Cape Sable
orchid. However, we ask the public to submit to us at any time any new
information relevant to the status of either of the species mentioned
above or their habitats.
DATES: The findings in this document were made on September 1, 2020.
ADDRESSES: Detailed descriptions of the basis for these findings are
available on the internet at http://www.regulations.gov under the
following docket numbers:
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Species Docket No.
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Big Cypress epidendrum.............. FWS-R4-ES-2020-0043.
Cape Sable orchid................... FWS-R4-ES-2020-0044.
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Please submit any new information, materials, comments, or
questions concerning this finding to the person specified under FOR
FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Roxanna Hinzman, Field Supervisor,
U.S. Fish and Wildlife Service, South Florida Ecological Services Field
Office, email: [email protected], telephone: 772-469-4309.
Persons who use a telecommunications device for the deaf (TDD) may call
the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Under section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.), we
are required to make a finding whether or not a petitioned action is
warranted within 12 months after receiving any petition that we have
determined contains substantial scientific or commercial information
indicating that the petitioned action may be warranted (``12-month
finding''). We must make a finding that the petitioned action is: (1)
Not warranted; (2) warranted; or (3) warranted but precluded. We must
publish a notice of these 12-month findings in the Federal Register.
Summary of Information Pertaining to the Five Factors
Section 4 of the Act (16 U.S.C. 1533) and the implementing
regulations at part 424 of title 50 of the Code of Federal Regulations
(50 CFR part 424) set forth procedures for adding species to, removing
species from, or reclassifying species on the Lists of Endangered and
Threatened Wildlife and Plants (Lists). The Act defines ``species'' as
any subspecies of fish or wildlife or plants, and any distinct
population segment of any species of vertebrate fish or wildlife which
interbreeds when mature. The Act defines ``endangered species'' as any
species that is in danger of extinction throughout all or a significant
portion of its range (16 U.S.C. 1532(6)), and ``threatened species'' as
any species that is likely to become an endangered species within the
foreseeable future throughout all or a significant portion of its range
(16 U.S.C. 1532(20)). Under section 4(a)(1) of the Act, a species may
be determined to be an endangered species or a threatened species
because of any of the following five factors:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects.
We use the term ``threat'' to refer in general to actions or
conditions that are known to or are reasonably likely to negatively
affect individuals of a species. The term ``threat'' includes actions
or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition or the action or condition itself. However, the mere
identification of any threat(s) does not necessarily mean that the
species meets the statutory definition of an ``endangered species'' or
a ``threatened species.'' In determining whether a species meets either
definition, we must evaluate all identified threats by considering the
expected response by the species, and the effects of the threats--in
light of those actions and conditions that will ameliorate the
threats--on an individual, population, and species level. We evaluate
each threat and its expected effects on the species, then analyze the
cumulative effect of all of the threats on the species as a whole. We
also consider the cumulative effect of the threats in light of those
actions and conditions that will have positive effects on the species,
such as any existing regulatory mechanisms or conservation efforts. The
[[Page 54340]]
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
Service can reasonably determine that both the future threats and the
species' responses to those threats are likely. In other words, the
foreseeable future is the period of time in which we can make reliable
predictions. ``Reliable'' does not mean ``certain''; it means
sufficient to provide a reasonable degree of confidence in the
prediction. Thus, a prediction is reliable if it is reasonable to
depend on it when making decisions.
It is not always possible or necessary to define foreseeable future
as a particular number of years. Analysis of the foreseeable future
uses the best scientific and commercial data available and should
consider the timeframes applicable to the relevant threats and to the
species' likely responses to those threats in view of its life-history
characteristics. Data that are typically relevant to assessing the
species' biological response include species-specific factors such as
lifespan, reproductive rates or productivity, certain behaviors, and
other demographic factors.
In considering whether a species may meet the definition of an
endangered species or a threatened species because of any of the five
factors, we must look beyond the mere exposure of the species to the
stressor to determine whether the species responds to the stressor in a
way that causes actual impacts to the species. If there is exposure to
a stressor, but no response, or only a positive response, that stressor
does not cause a species to meet the definition of an endangered
species or a threatened species. If there is exposure and the species
responds negatively, we determine whether that stressor drives or
contributes to the risk of extinction of the species such that the
species warrants listing as an endangered or threatened species. The
mere identification of stressors that could affect a species negatively
is not sufficient to compel a finding that listing is or remains
warranted. For a species to be listed or remain listed, we require
evidence that these stressors are operative threats to the species and
its habitat, either singly or in combination, to the point that the
species meets the definition of an endangered or a threatened species
under the Act.
In conducting our evaluation of the five factors provided in
section 4(a)(1) of the Act to determine whether the Big Cypress
epidendrum (Epidendrum strobiliferum) and Cape Sable orchid
(Trichocentrum undulatum) meet the definition of ``endangered species''
or ``threatened species,'' we considered and thoroughly evaluated the
best scientific and commercial information available regarding the
past, present, and future stressors and threats. We reviewed the
petitions, information available in our files, and other available
published and unpublished information. These evaluations may include
information from recognized experts; Federal, State, and tribal
governments; academic institutions; foreign governments; private
entities; and other members of the public.
The species assessment forms for the Big Cypress epidendrum and
Cape Sable orchid contain more detailed biological information, a
thorough analysis of the listing factors, and an explanation of why we
determined that these species do not meet the definition of an
endangered species or a threatened species. This supporting information
can be found on the internet at http://www.regulations.gov under the
appropriate docket number (see ADDRESSES, above). The following are
informational summaries for each of the findings in this document.
Previous Federal Actions
On April 20, 2010, we received a petition from the Center for
Biological Diversity, Alabama Rivers Alliance, Clinch Coalition,
Dogwood Alliance, Gulf Restoration Network, Tennessee Forests Council,
and West Virginia Highlands Conservancy to list 404 aquatic, riparian,
and wetland species, including the Big Cypress epidendrum and Cape
Sable orchid, as endangered or threatened species under the Act. On
September 27, 2011, we published 90-day findings for both species in
the Federal Register (76 FR 59836), concluding that the petition
presented substantial information indicating that listing the Big
Cypress epidendrum and Cape Sable orchid may be warranted. This
document constitutes our 12-month findings on the April 20, 2010,
petition to list the Big Cypress epidendrum and Cape Sable orchid under
the Act.
Big Cypress Epidendrum
Summary of Finding
The Big Cypress epidendrum is an epiphytic, herbaceous plant with
small white flowers in the Orchidaceae family. The species is found
across the tropical Americas and the Caribbean, including in Collier
County, Florida, United States, as well as in Mexico, Cuba, Dominica,
Dominican Republic, Guadeloupe, Haiti, Jamaica, St. Vincent, Trinidad
and Tobago, Guatemala, Belize, Honduras, Nicaragua, Costa Rica, Panama,
Colombia, Ecuador, Peru, Bolivia, Brazil, French Guiana, Surinam,
Guyana, and Venezuela. The best available data suggest that the
species' current range has not changed significantly from its
historical range.
The Big Cypress epidendrum is a long-lived perennial with a typical
orchid life cycle from seed to flowering plant. Mature Big Cypress
epidendrum plants usually produce flowers in October and November, but
they may flower at any time of the year; seed capsules have been
observed on plants in March. All orchids produce capsules containing
thousands of miniscule seeds that are dispersed by wind. The Big
Cypress epidendrum can self-fertilize, but may also be pollinated by
bees, flies, butterflies, and moths (Dressler 1990, p. 106; North
American Orchid Conservation Center 2018).
For successful recruitment, the seed requires suitable host fungi
to be present where they land. After successful germination on a
suitable host tree, seedlings grow for several years before reaching
maturity. The exact number of years to maturity is not known, but
likely depends on resource availability (principally light and water).
After approximately 10 years, adult plants may consist of many stems
arising from leaf axils and the plant's base. Individual plant lifespan
is unknown, but is likely many years to decades, due to continuous
vegetative generation of pseudo-bulbs (sympodial growth).
In Florida, Big Cypress epidendrum plants are found in dense
tangles high on the branches or trunks of canopy trees and occasionally
standing dead wood (snags) in habitats classified as wooded slough and
strand swamp. Slough and strand swamp habitats are broad, shallow
channels with peat over mineral substrate, which are seasonally
inundated with flowing water.
Outside of the United States, the Big Cypress epidendrum occurs in
tropical hammocks, tropical rain forests, and lowland rainforests, up
to 4,500 feet (ft) (1,371 meters (m)) in elevation. In Brazil, the
species has been recorded in the following vegetation types: Riverine
[[Page 54341]]
Forest and/or Gallery Forest, Inundated Forest, Terra Firme Forest,
Seasonally Semideciduous Forest, Ombrophyllous Forest (Tropical Rain
Forest), and Coastal Forest that are within the following biomes:
Amazon Rainforest, Central Brazilian Savanna, and Atlantic Rainforest
(Flora do Brasil 2020, entire).
Habitat elements that are important to the Big Cypress epidendrum
include host trees with partial sun exposure in epiphytic microhabitats
in swamps, rainforests, and cloud forests; nearly continual high
humidity without freezing temperatures; and germinating seeds requiring
the presence of symbiotic fungal species in order to grow to maturity.
The primary stressors affecting the Big Cypress epidendrum's
biological status include habitat destruction and modification and
hydrologic modification. Habitat destruction and modification are
caused by changes in the host trees' forest structure occurring now and
into the future through impacts from sea-level rise, such as salt water
intrusion and inundation, and deforestation. However, the species'
distribution and occurrences across a wide range (25 countries with at
least 81 to 300 populations) within a variety of habitat types ensure
that the Big Cypress epidendrum will not be in danger of extinction in
the foreseeable future.
We carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the Big Cypress epidendrum, and we evaluated all relevant factors
under the five listing factors, including any regulatory mechanisms and
conservation measures addressing these stressors.
Under the Act and our implementing regulations, a species may
warrant listing if it is in danger of extinction or likely to become so
in the foreseeable future throughout all or a significant portion of
its range. We identified a concentration of threats acting on the
Florida portion of the species' range. Sea-level rise affects the
Florida population disproportionately compared to the rest of the
species' range due to the population's proximity to the coast and
occurrence in low-elevation areas, and is expected to reduce the amount
of suitable habitat for the host trees. However, as explained in our
species assessment form (available on http://www.regulations.gov under
Docket No. FWS-R4-ES-2020-0043), we found no substantial information to
indicate that the Florida portion of the species' range is a
biologically significant portion of the range. Accordingly, we find
there is no significant portion of the range that is endangered or
likely to become endangered within the foreseeable future.
Our review of the best available scientific and commercial
information indicates the Big Cypress epidendrum 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 find
that listing the Big Cypress epidendrum is not warranted at this time.
A detailed discussion of the basis for this finding can be found in the
Big Cypress epidendrum species assessment form and other supporting
documents (see ADDRESSES, above).
Cape Sable Orchid
Summary of Finding
Cape Sable orchid is an epiphytic, lithophytic (growing on rock
substrate), or sometimes terrestrial herbaceous plant that is found
across the tropical Americas and the Caribbean, including in Monroe
County, Florida, United States, as well as in Cuba, Mexico, Jamaica,
Saint Vincent and the Grenadines, Trinidad and Tobago, Belize,
Guatemala, Honduras, Nicaragua, Colombia, Ecuador, Peru, Venezuela,
French Guiana, Surinam, Guyana, and Brazil. The best available data
suggest that the species' current range has not changed significantly
from its historical range.
The Cape Sable orchid is a long-lived perennial with a typical
orchid life cycle from seed to flowering plant. Mature Cape Sable
orchid plants usually produce flowers from April through October. All
orchids produce capsules containing thousands of miniscule seeds that
are dispersed by wind.
For successful recruitment, the seed requires a suitable host
fungus to be present where it lands. After successful germination on a
suitable host substrate, seedlings grow for several years before
reaching maturity. For this species, the exact number of years to
maturity is not known, but likely depends on resource availability
(principally light and water). Adult plants may consist of many stems
arising from leaf axils and the plant's base. The species' life span is
unknown, but is likely many years, due to new outgrowths on the stem.
In Florida, the Cape Sable orchid occurs as an epiphyte on the
branches or trunks of canopy trees and occasionally standing dead wood
(snags) primarily in buttonwood hammock and, to a small extent, in
mangrove forest habitat. The species historically occurred in coastal
berm and rockland hammock habitat. The Cape Sable orchid has not been
observed growing on rock substrate in Florida.
Outside the United States, the Cape Sable orchid occurs in the
understory of mesic hilly broadleaf forests, montane rain forests, and
cloud forests, on tree trunks or rocks, or in leaf mold on limestone
rocks at elevations from 30 to 3,100 ft (10 to 950 m).
Habitat elements that are important to the Cape Sable orchid
include host trees with partial sun exposure in epiphytic microhabitats
in swamps, rainforests, and cloud forests; nearly continual high
humidity without freezing temperatures; and germinating seeds requiring
the presence of symbiotic fungal species in order to grow to maturity.
The primary stressors affecting the Cape Sable orchid's biological
status include habitat destruction and modification, hydrologic
modification, insect damage, and poaching. Habitat destruction and
modification are caused by changes in the host trees' forest structure
occurring now and into the future through impacts from sea-level rise,
such as salt water intrusion and inundation, and deforestation. The
species' distribution and occurrences across a wide range (in 19
countries and 81 populations) within a variety of habitat types ensure
that the Cape Sable orchid will not become in danger of extinction in
the foreseeable future.
We carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the Cape Sable orchid, and we evaluated all relevant factors under
the five listing factors, including any regulatory mechanisms and
conservation measures addressing these stressors.
Under the Act and our implementing regulations, a species may
warrant listing if it is in danger of extinction or likely to become so
in the foreseeable future throughout all or a significant portion of
its range. We identified a concentration of threats acting on the
Florida portion of the species' range. Sea-level rise affects the
Florida population disproportionately compared to the rest of the
species' range due to the population's proximity to the coast and
occurrence in low-elevation areas, and is expected to reduce the amount
of suitable habitat for the host trees. However, as explained in our
species assessment form (available on http://www.regulations.gov under
Docket No. FWS-R4-ES-2020-0044), we found no substantial information to
indicate that the Florida portion of the species' range is a
biologically significant portion of the range. Accordingly, we find
there is no significant portion of the range that is
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endangered or likely to become endangered within the foreseeable
future.
Our review of the best available scientific and commercial
information indicates the Cape Sable orchid 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 find
that listing the Cape Sable orchid is not warranted at this time. A
detailed discussion of the basis for this finding can be found in the
Cape Sable orchid species assessment form and other supporting
documents (see ADDRESSES, above).
New Information
We request that you submit any new information concerning the
taxonomy of, biology of, ecology of, status of, or stressors to the Big
Cypress epidendrum or Cape Sable orchid to the person specified under
FOR FURTHER INFORMATION CONTACT, whenever it becomes available. New
information will help us monitor these species and make appropriate
decisions about their conservation and status. We encourage local
agencies and stakeholders to continue cooperative monitoring and
conservation efforts.
References Cited
A list of the references cited in the petition finding are
available on the internet at http://www.regulations.gov in the dockets
provided above in ADDRESSES and upon request from the person specified
under FOR FURTHER INFORMATION CONTACT.
Authors
The primary authors of this document are the staff members of the
Species Assessment Team, Ecological Services Program.
Authority
The authority for this action is section 4 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Aurelia Skipwith,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2020-16721 Filed 8-31-20; 8:45 am]
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