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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Proposed Rules
Ojo Vareleno, Mexico The Arizona eryngo population at Ojo Vareleno contains about 56 adult plants Sanchez Escalante et al. 2019, p. 17 in a 0.075-hectare 0.18-acre area Sanchez Escalante 2019, pers. comm.. No juveniles have been documented at this site.
Giant reed has been aggressively invading Ojo Vareleno Sanchez Escalante et al. 2019, p. 10, and it appears that the site has variable soil moisture and sunlight conditions. The giant reed invasion is creating conditions with high amounts of shade and little to no space for other plants.
Springflow is collected in concrete spa ponds Sanchez Escalante et al. 2019, p.
28, which likely affects the natural hydrology of the site. Currently, we do not have information on the source of water supplying the springs or the amount of groundwater use at this site.
Because of the very low population numbers and the lack of juveniles, the population of Arizona eryngo at Ojo Vareleno is currently in low condition.
A small change in the water levels at the cienega or further invasion by giant reed could cause the extirpation of the population in the near future.
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. Our assessment of the current and future conditions encompasses and incorporates the threats individually and cumulatively. Our current and future condition assessment is iterative because it 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.

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Determination of Arizona Eryngos Status 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 an endangered species or a threatened species. The Act defines endangered species as a species in danger of extinction throughout all or a
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significant portion of its range, and threatened species as a species 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 a species meets the definition of endangered species or threatened species because of any of the following factors: A The present or threatened destruction, modification, or curtailment of its habitat or range; B
overutilization for commercial, recreational, scientific, or educational purposes; C disease or predation; D
the inadequacy of existing regulatory mechanisms; or E other natural or manmade factors affecting its continued existence.
Status Throughout All of Its Range After evaluating threats to the species and assessing the cumulative effect of the threats under the section 4a1
factors, we found that the Arizona eryngo has declined in abundance and distribution. At present, most of the known populations exist in very low abundances, and all populations occur in extremely small areas. Furthermore, existing available habitats are reduced in quality and quantity, relative to historical conditions. Our analysis revealed three primary threats that caused these declines and pose a meaningful risk to the viability of the species. These threats are primarily related to habitat changes Factor A
from the Act: Physical alteration of cienegas, water loss, and changes in cooccurring vegetation, all of which are exacerbated by the effects of climate change.
Because of historical and current modifications of cienegas and groundwater withdrawals from the aquifers supporting occupied cienegas, Arizona eryngo populations are now fragmented and isolated from one another and unable to recolonize following extirpations. These populations are largely in a state of chronic degradation due to water loss and changes in co-occurring vegetation, affecting soil moisture and open canopy conditions and limiting the species resiliency. Given the high risk of a catastrophic drought or groundwater depletion, both of which are exacerbated by climate change, all Arizona eryngo populations are at a high or moderate risk of extirpation.
Historically, the species, with a larger range of likely interconnected populations, would have been more resilient to stochastic events because even if some populations were extirpated by such events, they could be recolonized over time by dispersal from
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nearby surviving populations. This connectivity, which would have made for a highly resilient species overall, has been lost, and with two populations in low condition and two in moderate condition, the remnant populations are all at risk of loss.
Our analysis of the Arizona eryngos current conditions, using the best available information, shows that the Arizona eryngo is in danger of extinction throughout all of its range due to the severity and immediacy of threats currently impacting the species.
We find that a threatened species status is not appropriate because of the Arizona eryngos currently contracted range, because the populations are fragmented from one another, because the threats are currently ongoing and occurring across the entire range of the species.
Status Throughout a Significant Portion of Its Range Under the Act and our implementing regulations, a species may warrant listing if it is in danger of extinction or likely to become so in the foreseeable future throughout all or a significant portion of its range. We have determined that the Arizona eryngo is in danger of extinction throughout all of its range and accordingly did not undertake an analysis of any significant portion of its range. Because the Arizona eryngo warrants listing as endangered throughout all of its range, our determination is consistent with the decision in Center for Biological Diversity v. Everson, 2020 WL 437289
D.D.C. Jan. 28, 2020, in which the court vacated the aspect of the Final Policy on Interpretation of the Phrase Significant Portion of Its Range in the Endangered Species Acts Definitions of Endangered Species and Threatened Species 79 FR 37578; July 1, 2014
that provided the Services do not undertake an analysis of significant portions of a species range if the species warrants listing as threatened throughout all of its range.
Determination of Status Our review of the best available scientific and commercial information indicates that the Arizona eryngo meets the Acts definition of an endangered species. Therefore, we propose to list the Arizona eryngo as an endangered species in accordance with sections 36
and 4a1 of the Act.
Available Conservation Measures Conservation measures provided to species listed as endangered or threatened species under the Act include recognition, recovery actions,
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