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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations
Additionally, the 5-year review recommended development of a memorandum of understanding MOU
with the USFS and U.S. Department of Defense USDOD to ensure the continuation of existing conservation measures currently benefitting water howellia. Although a formal MOU has not been developed, both agencies have specific conservation strategies in place for the conservation of water howellia for specific conservation strategies, see discussion of land management effects under A. The Present or Threatened Destruction, Modification, or Curtailment of Its Habitat or Range, below.
Summary of Changes From the Proposed Rule Based on public comments on our October 7, 2019, proposed rule 84 FR
53380 and information provided to us by peer reviewers, we made updates or provided additional clarity on information concerning population monitoring vs. surveying, predicted effects of invasive species, regulatory mechanisms, climate change, wetland/
pond hydrology, genetic diversity, cumulative effects, post-delisting monitoring, and metapopulation structure. We also made other minor editorial clarifications and corrections in this final rule.

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Summary of Factors Affecting the Species Section 4 of the Act 16 U.S.C. 1533
and its implementing regulations 50
CFR part 424 set forth the procedures for listing species, reclassifying species, or removing species from listed status.
Species is defined by the Act as including any species or subspecies of fish or wildlife or plants, and any distinct vertebrate population segment of fish or wildlife that interbreeds when mature 16 U.S.C. 153216. 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;

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D the inadequacy of existing regulatory mechanisms; or E other natural or manmade factors affecting its continued existence.
We must consider these same five factors in delisting a species. For species that are already listed as endangered or threatened species, this analysis of threats is an evaluation of both the threats currently facing the species and the threats that are reasonably likely to affect the species in the foreseeable future following the removal of the Acts protections. According to 50 CFR
424.11e, we may delist a species if our status review of the best available scientific and commercial data indicates that the species is neither endangered nor threatened for the following reasons:
1 The species is extinct; 2 the species does not meet the definition of an endangered species or a threatened species e.g., due to recovery; or 3 the listed entity does not meet the statutory definition of a species.
Water howellia is currently listed as threatened. Section 320 of the Act defines a threatened species as any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. The Act does not define the term foreseeable future. Our implementing regulations at 50 CFR 424.11d 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 we 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.
For water howellia, we consider 30
years to be a reasonable period of time within which reliable predictions can be
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made for the species. This time period includes multiple generations of water howellia. Additionally, various global climate models and emission scenarios provide consistent predictions within that timeframe IPCC 2014, p. 11. We consider 30 years a relatively conservative timeframe in view of the long-term protections in place for 84
percent of the species occupied habitat occurring on Federal land.
A recovered species has had threats removed or reduced to the point that it no longer meets the Acts definition of an endangered species or a threatened species. A species is an endangered species for purposes of the Act if it is in danger of extinction throughout all or a significant portion of its range and is a threatened species if it is likely to become endangered within the foreseeable future throughout all or a significant portion of its range.
For the purposes of this analysis, we will evaluate whether or not the currently listed species, water howellia, should continue to be listed as threatened, based on the best scientific and commercial information available.
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 encompasseither together or separatelythe source of the action or condition or the action or condition itself.
However, the mere identification of any threats does not necessarily mean that the species meets the statutory definition of an endangered species or a threatened species or that it should remain listed as such. 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 threatsin light of those actions and conditions that will ameliorate the threatson 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 speciessuch as any existing regulatory mechanisms or conservation efforts. The Secretary determines whether the species meets the definition of an endangered
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