Vol. 81 Friday, No. 14 January 22, 2016

Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and ; Designation of Critical Habitat for corallicola ( Semaphore ) and Harrisia aboriginum (Aboriginal Prickly-Apple); Final Rule

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DEPARTMENT OF THE INTERIOR preamble and/or at http:// proposed designation. We also www.regulations.gov. considered all comments and Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: information received from the public Roxanna Hinzman, Field Supervisor, during the comment period. 50 CFR Part 17 U.S. Fish and Wildlife Service, South Previous Federal Actions [Docket No. FWS–R4–ES–2014–0057; Florida Ecological Services Office, 1339 4500030113] 20th Street, Vero Beach, FL 32960; by Previous Federal actions for and Harrisia aboriginum are RIN 1018–AZ92 telephone 772–562–3909; or by facsimile 772–562–4288. If you use a outlined in our proposed and final rules Endangered and Threatened Wildlife telecommunications device for the deaf to list both as endangered and Plants; Designation of Critical (TDD), call the Federal Information species published in the Federal Habitat for Consolea corallicola Relay Service (FIRS) at 800–877–8339. Register on October 11, 2012 (77 FR 61836), and October 24, 2013 (78 FR (Florida Semaphore Cactus) and SUPPLEMENTARY INFORMATION: Harrisia aboriginum (Aboriginal 63796), respectively. Executive Summary Prickly-Apple) Summary of Comments and Why we need to publish a rule. Under Recommendations AGENCY: Fish and Wildlife Service, the Endangered Species Act of 1973, as Interior. amended (16 U.S.C. 1531 et seq.) (Act), We requested written comments from ACTION: Final rule. when we determine that any species is the public on the proposed designation threatened or endangered, we must of critical habitat for Consolea SUMMARY: We, the U.S. Fish and designate critical habitat, to the corallicola and Harrisia aboriginum and Wildlife Service, designate critical maximum extent prudent and the associated DEA with the publication habitat for Consolea corallicola (Florida determinable. Designations of critical of the proposed rule to designate critical semaphore cactus) and Harrisia habitat can be completed only by habitat that published January 22, 2015 aboriginum (aboriginal prickly-apple) issuing a rule. (80 FR 3316). The comment period under the Endangered Species Act (Act). This rule consists of: A final rule opened on January 22, 2015, and closed In total, approximately 4,411 acres designating critical habitat for two on March 23, 2015. We did not receive (1,785 hectares) for Consolea corallicola endangered species, Consolea any requests for a public hearing. We in Miami-Dade and Monroe Counties, corallicola and Harrisia aboriginum. also contacted appropriate Federal, Florida; and 3,444 acres (1,394 hectares) We have prepared an economic State, and local agencies; scientific for Harrisia aboriginum in Manatee, analysis of the designations. In order to organizations; and other interested Charlotte, Sarasota, and Lee Counties, consider economic impacts, we parties and invited them to comment on Florida, fall within the boundaries of prepared an incremental effects the proposed rule and DEA during the the critical habitat designations. memorandum (IEM) and screening comment period. DATES: This rule becomes effective on analysis which, together with our We received four comment letters February 22, 2016. narrative and interpretation of effects, directly addressing the proposed critical ADDRESSES: This final rule is available we consider our draft economic analysis habitat designation. All substantive on the internet at http:// (DEA) of the proposed critical habitat information provided during the www.regulations.gov and http:// designation and related factors. The comment period is addressed below. www.fws.gov/verobeach/. Comments analysis, dated October 15, 2014, was Peer Review and materials we received, as well as made available for public review from some supporting documentation we January 22, 2015, through March 23, In accordance with our peer review used in preparing this rule, are available 2015 (80 FR 3316). The DEA addressed policy published on July 1, 1994 (59 FR for public inspection at http:// probable economic impacts of critical 34270), we solicited expert opinions www.regulations.gov. All of the habitat designation for Consolea from three knowledgeable individuals comments, materials, and corallicola and Harrisia aboriginum. We with scientific expertise that included documentation that we considered in did not receive any comments regarding familiarity with the species, the this rulemaking are available by the DEA; therefore, we consider the geographic region in which the species appointment, during normal business October 15, 2014, DEA, our IEM, and occurs, and conservation biology hours at the South Florida Ecological narrative interpretation of the effects to principles. We received responses from Services Office (see FOR FURTHER be the final economic analysis. two of the peer reviewers. INFORMATION CONTACT). Peer review and public comment. We Both peer reviewers noted that the The coordinates, plot points, or both sought comments from three proposal was comprehensive and that from which the maps are generated are independent specialists to ensure that the data which the Service relied upon included in the administrative record our designation is based on to delineate critical habitat was sound. for this critical habitat designation and scientifically sound data and analyses. Peer reviewers did not provide any new are available at http://www.fws.gov/ We obtained opinions from two of the information that would necessitate verobeach/, at http:// independent specialists with scientific changes to the final rule. Peer reviewer www.regulations.gov at Docket No. expertise to review our technical comments are addressed in the FWS–R4–ES–2014–0057, and at the assumptions, analysis, and whether or following summary. South Florida Ecological Services Office not we had used the best available Peer Reviewer Comments (see FOR FURTHER INFORMATION CONTACT). information. These peer reviewers Any additional tools or supporting generally concurred with our methods (1) Comment: The proposed rule information that we developed for this and conclusions and provided references a population within John critical habitat designation will also be additional information, clarifications, Pennekamp Coral Reef State Park. This available at the U.S. Fish and Wildlife and suggestions to improve this final population was planted by park staff Service Web site and Field Office listed rule. Information we received from peer and is, therefore, considered cultivated above, and may also be included in the review did not result in changes to the as there is no documentation that

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supports Consolea corallicola occurring many unmapped Keys cactus barren habitat units. While historical aerial historically within the park. areas are included in the final critical imagery would help us understand past Our Response: The proposed rule did habitat designation. habitat conditions and perhaps identify not identify a population of Consolea (3) Comment: One peer reviewer some areas lost to disrupted ecology or corallicola within John Pennekamp stated that proper management of nonnative species, we believe the Coral Reef State Park since the Service individual plants and their habitat may improvement to this critical habitat was unaware that C. corallicola was prove to be very expensive and time designation would be negligible because planted at this location. Although demanding, requiring quarterly the main limiting factor for these individuals of listed plant species population monitoring to remove species is habitat loss due to receive protection under section 7 of the larvae, and to development and sea level rise, rather Act regardless of whether they were control other native and nonnative translocated (planted) or originated plants and animals around individual than due to lack of natural disturbance naturally, designation of critical habitat plants. and active management. at John Pennekamp Coral Reef State Our Response: The Service agrees that Comments From the State Park does not mandate the Florida Park conservation of these species will Service to manage the habitat or necessitate a commitment by the Service Section 4(b)(5)(A)(ii) of the Act reintroduce C. corallicola in the areas and our conservation partners. requires the Secretary to give actual identified. John Pennekamp Coral Reef Nonnative plant and animal control is notice of any regulation proposed State Park is located within critical ongoing at some sites, and most thereunder to the State agency in each habitat unit FSC2 that also contains populations are visited at least twice per State in which the species occur, and to Dagny Johnson Botanical State Park year to monitor for Cactoblastis invite comments. Comments received where the plant is known to occur. infestations. We welcome suggestions from the State regarding the proposal to Critical habitat units for this species are from stakeholders and partners on how designate critical habitat for Consolea delineated by the presence of suitable to efficiently address the threat from C. corallicola and Harrisia aboriginum are cactorum . habitat conditions that promote survival addressed below. and expansion of populations into the (4) Comment: One peer reviewer future and are not required to be suggested that reducing fuels around the (6) Comment: The Florida Department completely occupied by the species at cacti before prescribed fire and in case of Agriculture and Consumer Services’ the time of listing. of wildfire may also need to be Division of Plant Industry (FDACS– (2) Comment: One peer reviewer conducted in the event that prescribed DPI), which maintains Florida’s list of noted that the Florida Natural Areas or wild fire burns into the plants. threatened, endangered, and Inventory (FNAI), Guide to the natural Our Response: The Service agrees that economically exploited species under communities of Florida: 2010 edition fuel reduction or other strategies are Florida’s native plant protection statute contains a ‘‘new’’ natural community, needed to reduce the risk of wild or (Chapter 5B–40 Preservation of Native designated as Keys Cactus Barren that prescribed fire escaping into areas Flora of Florida), stated that it supports occurs in the on Key Largo supporting the two cacti. We discuss the the designation of critical habitat for risk of wildfire in this final rule, but we limestone. This may be another natural Consolea corallicola and Harrisia believe that emergency management community that C. corallicola uses or aboriginum. The commenter stated that actions that may be needed in the event may be reintroduced or otherwise habitat at the highest available elevation assisted in its migration. However, the of wildfire, such as clearing fuels will be important to avoid possible Keys Cactus Barren is so ‘‘new’’ that it around individual cacti, must take place inundation from storms and sea level has not been mapped out or identified on a case-by-case basis. properly like the other natural (5) Comment: One peer reviewer rise. communities that were designated in suggested that, in addition to using Our Response: The Service the 1990 FNAI Guide to the natural current aerial photography to identify appreciates FDACS–DPI support of the communities of Florida. It may be useful critical habitat for these species, the critical habitat designation. We agree for those active in the conservation of C. Service should use historical aerial that habitats at higher elevations are corallicola to identify and map Keys photography as well. The earliest important for reducing the vulnerability cactus barren within critical habitat possible aerials show the habitat as it of these two plants to storm surge and areas that are being proposed. was from the mid-1900s, when Florida sea level rise. A significant portion of Our Response: The Service agrees was much different than it is today the total critical habitat designation for that, while no historical wild (more open), and will lead to more Consolea corallicola is on Key Largo, populations were reported from Keys effective identification of the natural which contains the vast majority of the cactus barren habitat, it is likely to be communities the two cacti need. relatively high elevations within the a suitable habitat type for Consolea Our Response: The Service has corallicola because it is an open canopy identified critical habitat areas that are species’ historical range. However, we habitat with many of the same suitable for the two species based did not include the highest elevation in associated species found in rockland largely on current habitat conditions, the Florida Keys (located on Windley hammock or buttonwood forest. The and to a much lesser extent, areas that Key) because there is no record of C. ecology of Keys cactus barrens remains could be suitable if they undergo corallicola on the island. The critical poorly understood, in particular, how restoration (see Criteria Used to Identify habitat designation for Harrisia they arise and what processes maintain Critical Habitat sections for each aboriginum includes higher elevation them. While areas of Keys cactus barren species). We attempted to designate a coastal berms and shell mounds. Shell habitat are not delineated in the data we critical habitat unit for each current and mounds are often several meters above utilized, the habitat type occurs largely historical population on record. In some sea level. Other areas with higher as inclusions within rockland areas of these species’ range, dense elevation do not contain the associated hammock, coastal berm, or buttonwood development and concomitant lack of species, vegetation structure, and forest. Since these habitats were large natural areas are the primary disturbance regime suitable for Harrisia included in the proposal, it is likely that limiting factor to the size of the critical aboriginum.

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Summary of Changes From Proposed critical habitat. The designation of outside the geographical area occupied Rule critical habitat does not affect land by a species only when a designation Public and peer review comments did ownership or establish a refuge, limited to its range would be inadequate not necessitate any changes to the final wilderness, reserve, preserve, or other to ensure the conservation of the rule. conservation area. Such designation species. does not allow the government or public Section 4 of the Act requires that we Summary of Biological Status for to access private lands. Such designate critical habitat on the basis of Consolea corallicola and Harrisia designation does not require the best scientific and commercial data aboriginum implementation of restoration, recovery, available. Further, our Policy on For more information on Consolea or enhancement measures by non- Information Standards Under the corallicola and Harrisia aboriginum Federal landowners. Where a landowner Endangered Species Act (published in , life history, habitat, requests Federal agency funding or the Federal Register on July 1, 1994 (59 population descriptions, and factors authorization for an action that may FR 34271)), the Information Quality Act affecting the species, please refer to the affect a listed species or critical habitat, (section 515 of the Treasury and General proposed listing rule published October the consultation requirements of section Government Appropriations Act for 11, 2012 (77 FR 61836), the final listing 7(a)(2) of the Act would apply, but even Fiscal Year 2001 (Pub. L. 106–554; H.R. rule published October 24, 2013 (78 FR in the event of a destruction or adverse 5658)), and our associated Information 63796), and the proposed rule to modification finding, the obligation of Quality Guidelines, provide criteria, designate critical habitat published the Federal action agency and the establish procedures, and provide January 22, 2015 (80 FR 3316). landowner is not to restore or recover guidance to ensure that our decisions the species, but to implement are based on the best scientific data Critical Habitat reasonable and prudent alternatives to available. They require our biologists, to the extent consistent with the Act and Background avoid destruction or adverse modification of critical habitat. with the use of the best scientific data Critical habitat is defined in section 3 Under the first prong of the Act’s available, to use primary and original of the Act as: definition of critical habitat, areas sources of information as the basis for (1) The specific areas within the within the geographical area occupied recommendations to designate critical geographical area occupied by the by the species at the time it was listed habitat. species, at the time it is listed in are included in a critical habitat When we are determining which areas accordance with the Act, on which are designation if they contain physical or should be designated as critical habitat, found those physical or biological biological features (1) which are our primary source of information is features essential to the conservation of the generally the information developed (a) Essential to the conservation of the species and (2) which may require during the listing process for the species, and special management considerations or species. Additional information sources (b) Which may require special protection. For these areas, critical may include, but are not limited to, the management considerations or habitat designations identify, to the recovery plan for the species, articles in protection; and extent known using the best scientific peer-reviewed journals, conservation (2) Specific areas outside the and commercial data available, those plans developed by States and counties, geographical area occupied by the physical or biological features that are scientific status surveys and studies, species at the time it is listed, upon a essential to the conservation of the biological assessments, other determination that such areas are species (such as space, food, cover, and unpublished materials, or experts’ essential for the conservation of the protected habitat). In identifying those opinions or personal knowledge. species. physical or biological features within an Habitat is dynamic, and species may Conservation, as defined under area, we focus on the principal move from one area to another over section 3 of the Act, means to use and biological or physical constituent time. We recognize that critical habitat the use of all methods and procedures elements (primary constituent elements designated at a particular point in time that are necessary to bring an such as roost sites, nesting grounds, may not include all of the habitat areas endangered or threatened species to the seasonal wetlands, water quality, tide, that we may later determine are point at which the measures provided soil type) that are essential to the necessary for the recovery of the pursuant to the Act are no longer conservation of the species. Primary species. For these reasons, a critical necessary. Such methods and constituent elements are those specific habitat designation does not signal that procedures include, but are not limited elements of the physical or biological habitat outside the designated area is to, all activities associated with features that provide for a species’ life- unimportant or may not be needed for scientific resources management such as history processes and are essential to recovery of the species. Areas that are research, census, law enforcement, the conservation of the species. important to the conservation of the habitat acquisition and maintenance, Under the second prong of the Act’s species, both inside and outside the propagation, live trapping, and definition of critical habitat, we may critical habitat designation, will transplantation, and, in the designate critical habitat in areas continue to be subject to: (1) extraordinary case where population outside the geographical area occupied Conservation actions implemented pressures within a given ecosystem by the species at the time it is listed, under section 7(a)(1) of the Act, (2) cannot be otherwise relieved, may upon a determination that such areas regulatory protections afforded by the include regulated taking. are essential for the conservation of the requirement in section 7(a)(2) of the Act Critical habitat receives protection species. For example, an area currently for Federal agencies to ensure their under section 7 of the Act through the occupied by the species but that was not actions are not likely to jeopardize the requirement that Federal agencies occupied at the time of listing may be continued existence of any endangered ensure, in consultation with the Service, essential for the conservation of the or threatened species, and (3) section 9 that any action they authorize, fund, or species and may be included in the of the Act’s prohibitions on taking any carry out is not likely to result in the critical habitat designation. We individual of the species, including destruction or adverse modification of designate critical habitat in areas taking caused by actions that affect

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habitat. Federally funded or permitted described in the Status Assessment for does not regularly flood, but this habitat projects affecting listed species outside Consolea corallicola in the proposed is often dependent upon a high water their designated critical habitat areas and final listing rules. These habitats table to keep humidity levels high, and may still result in jeopardy findings in and their associated plant communities may be inundated during storm surges some cases. These protections and provide vegetation structure that allows (FNAI 2010e, p. 2). Therefore, based on conservation tools will continue to for adequate growing space, sunlight, the information above, we identify contribute to recovery of Consolea and a competitive regime that is rockland hammock habitat with corallicola and Harrisia aboriginum. required for C. corallicola to persist and groundwater levels needed to maintain Similarly, critical habitat designations spread. Therefore, based on the humidity and buttonwood and coastal made on the basis of the best available information above, we identify upland berm habitat inundated by storm surge information at the time of designation habitats consisting of coastal berm, or tidal events at a frequency and will not control the direction and rockland hammock, and buttonwood duration needed to limit plant species substance of future recovery plans, forest to be a physical or biological competition while not creating overly habitat conservation plans (HCPs), or feature for C. corallicola. saline conditions to be a physical or biological feature for C. corallicola. other species conservation planning Food, Water, Air, Light, Minerals, or efforts if new information available at Other Nutritional or Physiological Cover or Shelter the time of these planning efforts calls Requirements for a different outcome. Consolea corallicola occurs in open Climate (temperature and canopy and semi-open to closed canopy Physical or Biological Features precipitation). Consolea corallicola habitats. The spatial and temporal In accordance with sections 3(5)(A)(i) requires adequate rainfall and does not distribution of open canopy areas varies and 4(b)(1)(A) of the Act and regulations tolerate prolonged freezing by habitat type and time since the last at 50 CFR 424.12(b), in determining temperatures. The climate of south disturbance, such as a hurricane, caused which areas within the geographical Florida where C. corallicola occurs is canopy openings. In rockland area occupied by the species at the time characterized by distinct wet and dry hammocks, suitable sites will often be of listing may be designated as critical seasons, a monthly mean temperature found near the hammock edge or where ° ° habitat, we consider the physical or above 18 C (64.4 F) in every month of there are openings in the forest canopy. biological features that are essential to the year, and annual rainfall averaging More open communities (e.g., coastal the conservation of the species and 75 to 150 cm (30 to 60 inches (in)) berm and buttonwood forests) provide which may require special management (Gabler et al. 1994, p. 211). Freezes can more abundant and temporally considerations or protection. These occur in the winter months, but are very consistent suitable habitat than include, but are not limited to: infrequent at this latitude in Florida. communities capable of establishing a (1) Space for individual and Therefore, based on the information dense canopy (e.g., hardwood population growth and for normal above, we determined this type of hammocks). Therefore, based on the behavior; climate to be a physical or biological information above, we identify habitats (2) Food, water, air, light, minerals, or feature for C. corallicola. that have a vegetation composition and Soils. Substrates supporting Consolea other nutritional or physiological structure that allows for adequate corallicola include loose sediment requirements; sunlight and space for individual formed by a mixture of coarse sand, (3) Cover or shelter; growth and population expansion to be shell fragments, pieces of coralline (4) Sites for breeding, reproduction, or a physical or biological feature for C. algae, and other coastal debris, exposed rearing (or development) of offspring; corallicola. bare limestone rock or with a thin layer and of leaf litter or highly organic soil Sites for Breeding, Reproduction, or (5) Habitats that are protected from (Bradley and Gann 1999, p. 37; FNAI Rearing (or Development) of Offspring disturbance or are representative of the 2010a, b, and c, p. 1; FNAI 2010d,e, p. historical geographic and ecological The habitats identified above as 2). These substrates provide anchoring distributions of a species. physical or biological features also spots, nutrients, moisture regime, and We derive the specific physical or provide a plant community with suitable soil chemistry for C. corallicola; biological features essential to Consolea associated plant species that foster a and facilitate a community of associated corallicola and Harrisia aboriginum competitive regime suitable to Consolea plant species that create a competitive from studies of the species’ habitat, corallicola and contain adequate open regime that allows C. corallicola to ecology, and life history as described space for the recruitment of new plants. persist and spread. Therefore, based on below. Additional information on these Associated plant species in these the information above, we identify cacti can be found in the proposed and habitats attract and provide cover for substrates derived from calcareous sand final listing rules. We have determined generalist pollinators (e.g., bees, or limestone that provide anchoring and that the following physical or biological butterflies, and beetles) that pollinate C. nutritional requirements to be a features are essential to the conservation corallicola. physical or biological feature for C. of Consolea corallicola. corallicola. Habitats Protected From Disturbance or Consolea corallicola Hydrology. The species requires Representative of the Historical, coastal berms and buttonwood forests Geographic, and Ecological Space for Individual and Population that occur at an elevation higher than Distributions of the Species Growth and for Normal Behavior the daily tidal range, but are subject to Consolea corallicola continues to Plant Community and Competitive flooding by seawater during extreme occur in habitats that are protected from Ability. Consolea corallicola occurs in tides and storm surge (FNAI 2010b, p. human-generated disturbances and are communities classified as coastal berm, 2; FNAI 2010c, p. 2). This flooding representative of the species’ historical, buttonwood forests, and rockland helps to limit the variety of plants that geographical, and ecological hammocks restricted to the Florida may grow in these habitats and compete distribution although its range has been Keys. These communities and their with Consolea corallicola. Rockland reduced. The species is still found in associated native plant species are hammocks occur on high ground that coastal berm, buttonwood forest, and

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rockland hammocks. As described primary constituent elements specific to (2) Competition with nonnative, above, these habitats provide a Consolea corallicola are: invasive plant and animal species; community of associated plant and (i) Areas of upland habitats consisting (3) Wildfire; and animal species that are compatible with of coastal berm, rockland hammocks, (4) Hurricanes and storm surge. C. corallicola, vegetation structure that and buttonwood forest. Some of these threats can be provides adequate sunlight levels and (A) Coastal berm habitat that contains: addressed by special management open space for plant growth and (1) Open to semi-open canopy, considerations or protection, while regeneration, and substrates with subcanopy, and understory; and others (e.g., sea level rise, hurricanes, adequate moisture availability and (2) Substrate of coarse, calcareous, storm surge) are beyond the control of suitable soil chemistry. Representative and storm-deposited sediment. landowners and managers. However, communities are located on Federal, (B) Rockland hammock habitat that even when landowners or land State, local, and private conservation contains: managers may not be able to control all lands that implement conservation (1) Canopy gaps and edges with an the threats, they may be able to address measures benefitting the species. open to semi-open canopy, subcanopy, the results of the threats. Therefore, based on the information and understory; and above, we identify habitat of sufficient (2) Substrate with a thin layer of Proposed Actions To Ameliorate size and connectivity that can support highly organic soil covering limestone Threats species growth, distribution, and or organic matter that accumulates on The following measures or population expansion to be physical or top of the limestone. management activities can ameliorate biological features for C. corallicola. (C) Buttonwood forest habitat that threats to Consolea corallicola: Disturbance Regime. Coastal berm, contains: (1) Protecting habitats from (1) Open to semi-open canopy and buttonwood forest, and rockland residential, commercial, or recreational understory; and hammock habitats that could or facility development; currently support Consolea corallicola (2) Substrate with calcareous marl muds, calcareous sands, or limestone (2) Avoiding ditching or filling that depend on natural disturbance regimes may alter hydrological conditions; from hurricanes or tidal inundation to rock. (3) Nonnative plant and animal open the canopy in order to provide (ii) A plant community of species control programs to reduce light levels sufficient to support the predominately native vegetation with no competition and predation and prevent species. The historical frequency and invasive, nonnative animal or plant habitat degradation; and magnitude of hurricanes and tidal species or such species in quantities low inundation has allowed for the enough to have minimal effect on (4) Hardwood reduction to maintain persistence of C. corallicola by survival of Consolea corallicola. the open vegetation structure of the occasionally creating areas of open (iii) A disturbance regime, due to the species’ habitats. canopy. In the absence of disturbance, effects of strong winds or saltwater The reduction of these threats will some of these habitats may have closed inundation from storm surge or require the implementation of special canopies, resulting in areas lacking infrequent tidal inundation, that creates management actions within each of the enough available sunlight to support C. canopy openings in coastal berm, critical habitat areas identified in this corallicola. However, too frequent or rockland hammocks, and buttonwood final rule. All critical habitat units will severe disturbance that transitions the forest. need management to address the habitat toward more saline conditions (iv) Habitats that are connected and of ongoing threats listed above and those could result in the decline of the species sufficient size to sustain viable presented in the Summary of Factors in the area. Therefore, based on the populations in coastal berm, rockland Affecting the Species sections in the information above, we identify habitats hammocks, and buttonwood forest. proposed and final listing rules. that have disturbance regimes, (v) Habitats that provide populations Ongoing Actions To Ameliorate Threats including hurricanes, and infrequent of the generalist pollinators that visit the inundation events that maintain habitat flowers of Consolea corallicola. The Service, (NPS), State of Florida, Miami-Dade and suitability to be physical or biological Special Management Considerations or features for C. corallicola. Monroe Counties, and several local Protection for Consolea corallicola governments own and manage Primary Constituent Elements for When designating critical habitat, we conservation lands within the range of Consolea corallicola assess whether the specific areas within Consolea corallicola. The Nature Under the Act and its implementing the geographic area occupied by the Conservancy purchased Torchwood regulations, we are required to identify species at the time of listing contain Hammock Preserve on Little Torch Key the physical or biological features features which are essential to the in 1988, to protect what was at the time essential to the conservation of conservation of the species and which the only known remaining population of Consolea corallicola in areas occupied may require special management C. corallicola. The comprehensive at the time of listing, focusing on the considerations or protection. conservation plan (CCP) for the Lower features’ primary constituent elements. Special management considerations Florida Keys National Wildlife Refuges Primary constituent elements are those or protection are necessary throughout (, Key West specific elements of the physical or the critical habitat units to avoid further National Wildlife Refuge, and Great biological features that provide for a degradation or destruction of the habitat White Heron National Wildlife Refuge) species’ life-history processes and are that provides those features essential to and Crocodile Lake National Wildlife essential to the conservation of the the species’ conservation. The primary Refuge promote the enhancement of species. threats to the physical or biological wildlife populations by maintaining and Based on our current knowledge of features that Consolea corallicola enhancing a diversity and abundance of the physical or biological features and depends on include: habitats for native plants and animals, habitat characteristics required to (1) Habitat destruction and especially imperiled species that are sustain the species’ life-history modification by development and sea found only in the Florida Keys. This processes, we determine that the level rise; CCP provides specifically for

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maintaining and expanding populations populations at higher elevation sites storms, cannot simultaneously affect all of C. corallicola. that will be less vulnerable to storm known populations. NPS regulations at 36 CFR 2.1 surge events and sea level rise. Assisted Small plant populations with limited, prohibit visitors from harming or migration to higher elevations at fragmented distributions, such as removing plants, listed or otherwise, existing sites may be needed in the Consolea corallicola, are vulnerable to from (ENP) or future to conserve populations if the relatively minor environmental (BNP). Consolea area supporting the existing population disturbances (Frankham 2005, pp. 135– corallicola is listed on the Regulated shows indications of increased soil 136) that could result in the loss of Plant Index as endangered under salinity and population decline due to genetic diversity from genetic drift, the chapter 5B–40, Florida Administrative sea level rise. random loss of genes, and inbreeding Code. Florida Statutes 581.185 sections (Ellstrand and Elam 1993, pp. 217–237; (3)(a) and (b) prohibit any person from Criteria Used To Identify Critical Leimu et al. 2006, pp. 942–952). Plant willfully destroying or harvesting any Habitat for Consolea corallicola populations with lowered genetic species listed as endangered or As required by section 4(b)(2) of the diversity are more prone to local threatened on the Regulated Plant Act, we use the best scientific data extinction (Barrett and Kohn 1991, pp. Index, or growing such a plant on the available to designate critical habitat. In 4, 28). Smaller plant populations private land of another, or on any public accordance with the Act and our generally have lower genetic diversity, land, without first obtaining the written implementing regulations at 50 CFR and lower genetic diversity may in turn permission of the landowner and a 424.12(b), we review available lead to even smaller populations by permit from the Florida Department of information pertaining to the habitat decreasing the species’ ability to adapt, Plant Industry. requirements of the species and identify thereby increasing the probability of The Service, NPS, State of Florida, occupied areas at the time of listing that population extinction (Newman and Miami-Dade and Monroe Counties, and contain the features essential to the Pilson 1997, p. 360; Palstra and several local governments conduct conservation of the species. If, after Ruzzante 2008, pp. 3428–3447). Because nonnative species control efforts on identifying currently occupied areas, a of the dangers associated with small sites that support or have suitable determination is made that those areas populations or limited distributions, the habitat for C. corallicola. The are inadequate to ensure conservation of recovery of many rare plant species introduced Cactoblastis the species, in accordance with the Act includes the creation of new sites or (Cactoblastis cactorum) infests C. and our implementing regulations at 50 reintroductions to ameliorate these corallicola plants and may cause CFR 424.12(e), we then consider effects. mortality. We consider the moth to be whether designating additional areas— Habitat fragmentation can have negative effects on populations, a major threat to the species. Monitoring outside those currently occupied—are for Cactoblastis moth infestations, and especially rare plants, and can affect essential for the conservation of the hand removal efforts of the moth larvae survival and recovery (Aguilar et al. species. and eggs are conducted at BNP and 2006, pp. 968–980; Aguilar et al. 2008, Torchwood Hammock Preserve in an We are designating critical habitat pp. 5177–5188; Potts et al. 2010, pp. effort to protect C. corallicola. No units throughout the historical range of 345–352). In general, habitat satisfactory method of large-scale Consolea corallicola. The species fragmentation causes habitat loss, control for the Cactoblastis moth is currently occupies all of the islands of habitat degradation, habitat isolation, known at this time. The U.S. the Florida Keys where it was recorded changes in species composition, Department of Agriculture (USDA) historically. We determined that there is changes in species interactions, Agricultural Research Service’s Center no unoccupied habitat that is essential increased edge effects, and reduced for Medical, Agricultural, and for the conservation of the species. habitat connectivity (Fahrig 2003, pp. Veterinary Entomology in Tallahassee, Therefore, we are only designating 487–515; Fischer and Lindenmayer Florida, is developing containment critical habitat in areas within the 2007, pp. 265–280). Habitat fragments methods to control the spread of the geographical area presently occupied by are often functionally smaller than they Cactoblastis moth (USDA 2006, p. 9). the species (i.e., occupied at the time of appear because edge effects (such as Reintroductions of Consolea listing). increased nonnative, invasive species or corallicola have been implemented at The wild populations of Consolea wind speeds) impact the available several locations on State and Federal corallicola are much reduced (50 habitat within the fragment (Lienert and lands in the Florida Keys over the past percent) from the species’ historical Fischer 2003, p. 597). 15 years. Attempts at reintroduction distribution, and one of the two In selecting areas for critical habitat implemented in the 1990s were largely remaining wild populations is small, designation, we utilized the Shaffer and unsuccessful due to poor site selection, consisting of only 12 mature plants. The Stein (2000) methodology for conserving Cactoblastis moth predation, crown rot, habitats required by C. corallicola are imperiled species known as the ‘three and burial of small plants by leaf litter. severely fragmented by development in Rs’: Representation, resiliency, and It is too early to judge the results of the Florida Keys. We anticipate that redundancy. Representation, or more recent reintroductions that were recovery will require continued preserving some of everything, means implemented in 2013 and 2014. protection of the remaining extant conserving not just a species but its Reintroduction of C. corallicola serves populations and habitat, augmenting associated plant communities. multiple objectives towards the plant’s existing small populations, and Resiliency and redundancy ensure there conservation, including increasing the establishing populations in additional is enough of a species so it can survive number of populations to address the areas to more closely approximate its into the future. Resiliency means threat of few, small populations; historical distribution in order to ensure ensuring that the habitat is adequate for establishing populations across a wider there are adequate numbers of plants in a species and its representative geographic area to reduce the chance stable populations and that these components. Redundancy ensures an that all populations will be affected by populations occur over a wide adequate number of sites and natural disturbances, such as hurricanes geographic area. This will help to individuals. This methodology has been and storm surge events; and establishing ensure that catastrophic events, such as widely accepted as a reasonable

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conservation strategy (Tear et al. 2005, (1) Maintain their existing critical habitat boundaries shown on the p. 841). distribution; maps of this final rule have been We have addressed representation (2) Expand their distribution into excluded by text in the rule and are not through the primary constituent previously occupied areas (needed to designated as critical habitat. Therefore, elements (as discussed above) and by offset habitat loss and fragmentation); a Federal action involving these lands identifying areas of habitat for the (3) Use habitat depending on habitat would not trigger section 7 consultation expansion of Consolea corallicola availability (response to changing nature with respect to critical habitat and the populations. There are only of coastal habitat including sea level requirement of no adverse modification approximately 800 to 1,000 known rise) and support genetic diversity; unless the specific action would affect individuals and only 6 populations. All (4) Increase the size of each the physical or biological features in the but 2 populations consist of fewer than population to a level where the threats adjacent critical habitat. 100 individuals (low redundancy). All of genetic, demographic, and normal Units were designated based on populations occur on small islands environmental uncertainties are sufficient elements of physical or where the amount of suitable remaining diminished; and biological features being present to habitat is limited (low resiliency), and (5) Maintain their ability to withstand support Consolea corallicola life-history much of the remaining habitat may be local or unit-level environmental processes. Some units contained all of lost to sea level rise over the next fluctuations or catastrophes. the identified elements of physical or century. Areas Occupied at the Time of Listing biological features and supported multiple life-history processes. Some Sources of Data To Identify Critical The critical habitat designation for Habitat Boundaries segments contained only some elements Consolea corallicola focuses on areas of the physical or biological features To determine the location and within the historical range that were necessary to support C. corallicola’s boundaries of critical habitat, the occupied at the time the species was particular use of that habitat. Service used the following sources of listed and have retained the necessary The critical habitat designation is information and considerations: primary constituent elements that will defined by the map or maps, as (1) Florida Natural Areas Inventory allow for the maintenance and modified by any accompanying (FNAI) population records and ArcGIS expansion of existing populations. The regulatory text, presented at the end of geographic information system software critical habitat units were delineated this document in the rule portion. We to spatially depict the location and around documented extant populations. include more detailed information on extent of documented populations of These units include the mapped extent the boundaries of the critical habitat Consolea corallicola (FNAI 2011a, pp. of the population that contains one or designation in the preamble of this 1–4); more of the physical or biological document. We will make the (2) Reports prepared by botanists with features. We considered the following coordinates, plot points, or both on the Institute for Regional Conservation when identifying occupied areas of which each map is based available to (IRC), NPS, and Florida Department of critical habitat: the public on http:// Environmental Protection (FDEP) (Some (1) The delineation included space to www.regulations.gov at Docket No. of these were funded by the Service; allow for the successional nature of the FWS–R4–ES–2014–0057, on our others were requested or volunteered by occupied habitats (i.e., gain and loss of Internet site at http://www.fws.gov/ biologists with the NPS or FDEP.); areas with sufficient light availability verobeach/, and at the field office (3) Historical records found in reports due to disturbance of the canopy responsible for the designation (see FOR and associated voucher specimens driven by natural events such as FURTHER INFORMATION CONTACT above). housed at herbaria, all of which are inundation and hurricanes), and habitat referenced in the above-mentioned transition or loss due to sea level rise. Critical Habitat Designation for reports from the IRC and FNAI; (2) Some areas will require special Consolea corallicola management to be able to support a (4) Digitally produced habitat maps We are designating four units as higher density of the plant within the provided by Monroe County; and critical habitat for Consolea corallicola. (5) Aerial images of Miami-Dade and occupied space. These areas generally The critical habitat areas we describe Monroe Counties. The presence of are habitats where some of the primary below constitute our current best primary constituent elements was constituent elements have been lost assessment of areas that meet the determined through the use of GIS through natural or human causes. These definition of critical habitat for C. spatial data depicting the current habitat areas would help to offset the corallicola. The four areas we designate status. These habitat data for the Florida anticipated loss and degradation of as critical habitat are: Keys were developed by Monroe County habitat occurring or expected from the (1) FSC1 Swan Key in Biscayne from 2006 aerial images, and ground effects of climate change (such as sea National Park, Miami-Dade County, conditions for many areas were checked level rise) or due to development. Florida; in 2009. Habitat data for BNP were When determining critical habitat provided by the NPS. The areas that boundaries within this final rule, we (2) FSC2 Key Largo, Monroe County, contain the primary constituent made every effort to avoid including Florida; elements follow predictable landscape developed areas such as lands covered (3) FSC3 Big Pine Key, Monroe patterns and have a recognizable by buildings, pavement, and other County, Florida; and signature in the aerial imagery. structures because such lands lack (4) FSC4 Little Torch Key in Monroe We have identified areas to include in physical or biological features for County, Florida. this designation by applying the Consolea corallicola. The scale of the Land ownership within the designated following considerations. The amount maps we prepared under the parameters critical habitat consists of Federal (28 and distribution of critical habitat being for publication within the Code of percent), State (58 percent), County (1 designated allows existing and future Federal Regulations may not reflect the percent), and private and other (14 established populations of Consolea exclusion of such developed lands. Any percent). Table 1 shows these units by corallicola to: such lands inadvertently left inside land ownership, area, and occupancy.

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TABLE 1—CONSOLEA CORALLICOLA CRITICAL HABITAT UNITS [All areas rounded to the nearest whole acre (ac) and hectare (ha)]

Total Federal State County Private/other Unit ac (ha) ac (ha) ac (ha) ac (ha) ac (ha) Occupied

FSC1—Swan Key—Biscayne National Park ..... 37 (15) 37 (15) 0 0 0 Yes. FSC2—Key Largo ...... 3,434 (1,389) 702 (284) 2,331 (943) 17 (7) 384 (155) Yes. FSC3––Big Pine Key ...... 772 (313) 508 (205) 172 (70) 11 (5) 81 (33) Yes. FSC4—Little Torch Key ...... 168 (68) 0 47 (19) 10 (4) 111 (45) Yes.

Total ...... 4,411 (1,785) 1,247 (504) 2,550 (1,032) 38 (16) 576 (233)

Percent of Total ...... 100 28 58 1 13 Note: Area sizes may not sum due to rounding.

Two (FSC1 and FSC2) of the four currently revising the BNP General from South Andros Road to Key Largo critical habitat units designated for Management Plan (Plan), which Elementary; then from the intersection Consolea corallicola are also currently identifies C. corallicola but does not of Taylor Drive and Pamela Street to designated under the Act as critical discuss specific conservation measures. Avenue A; then from Sound Drive to the habitat for the American crocodile However, the Plan states that Swan Key intersection of Old Road and Valencia (Crocodylus acutus), and two (FSC2 and will continue to be a ‘‘sensitive resource Road; then resumes on the east side of FSC3) are designated as critical habitat area’’ and managed to protect critical U.S. 1 from Hibiscus Lane and Ocean units for Chromolaena frustrata (Cape ecosystems, habitats, and natural Drive. The unit continues south near the Sable thoroughwort). processes. Access will be tightly Port Largo Airport from Poisonwood We present brief descriptions of all controlled and limited to permitted Road to Bo Peep Boulevard. The unit units, and reasons why they meet the research activities. In addition, the resumes on the west side of U.S. 1 from definition of critical habitat for Service believes assisted migration to the intersection of South Drive and Consolea corallicola, below. the highest elevations on Swan Key on Meridian Avenue to Casa Court Drive. BNP may be needed in the future to The unit then continues on the west Unit FSC1: Swan Key—Biscayne conserve the population if the area side of U.S. 1 from the point on the National Park, Miami-Dade County, supporting the existing population coast directly west of Peace Avenue Florida shows indications of increased soil south to Caribbean Avenue. The unit Unit FSC1 consists of approximately salinity and population decline due to also includes a portion of El Radabob 37 ac (15 ha) in Miami-Dade County. sea level rise. Key in Largo Sound located directly east This unit is composed entirely of lands of Avenue A, extending south to a point Unit FSC2: Key Largo, Monroe County, in Federal ownership, 100 percent of directly east of Mahogany Drive. Florida which are located on Swan Key within This unit was occupied at the time the Biscayne National Park. The unit Unit FSC2 consists of approximately species was listed and contains all the includes all upland rockland hammock 3,434 ac (1,389 ha) in Monroe County. physical or biological features, habitat on Swan Key, most of which is This unit is composed of Federal lands including suitable climate, hydrology, located on the eastern side of Swan Key, within Crocodile Lake National Wildlife substrate, associated native plant surrounded by the island’s Refuge (NWR) (702 ac (284 ha)); State species, and disturbance regimes, fringe. A second, smaller area is located lands within Dagny Johnson Botanical essential to the conservation of the on the island’s elongate western half State Park, John Pennekamp Coral Reef species and the rockland hammock and and is also surrounded by . State Park, and the Florida Keys buttonwood forest primary constituent This unit was occupied at the time the Wildlife and Environmental Area (2,331 elements. The physical or biological species was listed and contains all the ac (943 ha)); lands owned by Monroe features in this unit may require special physical or biological features, County (17 ac (7 ha)); and parcels in management considerations or including suitable climate, hydrology, private or other ownership (384 ac (155 protection to address threats of substrate, associated native plant ha)). This unit extends from near the nonnative plant species and sea level species, and disturbance regimes, northern tip of Key Largo, along the rise. The CCP for Crocodile Lake NWR essential to the conservation of the length of Key Largo, beginning at the promotes the enhancement of wildlife species and the coastal hardwood south shore of Ocean Reef Harbor near populations by maintaining and hammock and buttonwood forest South Marina Drive and the intersection enhancing a diversity and abundance of primary constituent elements. The of County Road (CR) 905 and Clubhouse habitats for native plants and animals, physical or biological features in this Road on the west side of CR 905, and especially imperiled species that are unit may require special management between CR 905 and Old State Road found only in the Florida Keys, but does considerations or protection to address 905, then extending to the shoreline not identify Consolea corallicola threats of nonnative plant and animal south of South Harbor Drive. The unit because it does not presently occur on species and sea level rise. However, in then continues on both sides of CR 905 the Refuge. The Management Plan for most cases these threats are being through the Crocodile Lake NWR, Dagny Dagny Johnson Key Largo Hammock addressed or coordinated with BNP to Johnson Key Largo Hammock Botanical Botanical State Park calls for the implement needed actions. BNP State Park, and John Pennekamp Coral protection and restoration of habitats conducts nonnative species control on Reef State Park. The unit then and to continue conservation efforts Swan Key and monitors Consolea terminates near the junction of U.S. 1 already under way for C. corallicola. corallicola for population trends and and CR 905 and Garden Cove Drive. The The Service and FDEP conduct Cactoblastis moth damage. The NPS is unit resumes on the east side of U.S. 1 nonnative species control on their

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respective lands on Key Largo. FDEP ha)). This unit extends along State H. aboriginum to persist and spread. monitors the reintroduced C. corallicola Highway 4A, from Coral Shores Road, Therefore, based on the information at Dagny Johnson Key Largo Hammock south to County Road, resuming at above, we identify upland habitats Botanical State Park for population Linda Street and extending south to the consisting of coastal strand, coastal trends and Cactoblastis moth damage. In Overseas Highway. South of the grasslands, coastal berms, maritime addition, assisted migration of the cacti Overseas Highway, the unit includes hammocks, and shell mounds to be a to the highest elevations on these lands areas west of Kings Cove Road, and an physical or biological feature for H. is needed because the population area comprising the southern tip of aboriginum. already shows the effects of increased Little Torch Key that includes portions Food, Water, Air, Light, Minerals, or soil salinity and is partially inundated of The Nature Conservancy’s (TNC) John Other Nutritional or Physiological by high tides. J. Pescatello Torchwood Hammock Requirements Preserve. Unit FSC3: Big Pine Key, Monroe This unit was occupied at the time the Climate (temperature and County, Florida species was listed and contains all the precipitation). Harrisia aboriginum Unit FSC3 consists of approximately physical or biological features, requires adequate rainfall and does not 772 ac (313 ha) in Monroe County. This including suitable climate, hydrology, tolerate freezing temperatures. The unit is composed of Federal land within substrate, associated native plant climate of south Florida where H. the National Key Deer Refuge (NKDR) species, and disturbance regimes, aboriginum occurs is characterized by (508 ac (205 ha)); State land managed as essential to the conservation of the distinct wet and dry seasons, a monthly part of the NKDR (172 ac (70 ha)); lands species and the coastal hardwood mean temperature above 18 °C (64.4 °F) owned by Monroe County (11 ac (5 ha)); hammock and buttonwood forest in every month of the year, and annual and parcels in private or other primary constituent elements. The rainfall averaging 75 to 150 cm (30 to 60 ownership (81 ac (33 ha)). This unit physical or biological features in this in) (Gabler et al. 1994, p. 211). Freezes extends from near the northern tip of unit may require special management can occur in the winter months, but are Big Pine Key along the eastern shore to considerations or protection to address very infrequent at this latitude in the vicinity of Hellenga Drive and threats of nonnative plant species and Florida. Therefore, based on the Watson Road; from Gulf Boulevard sea level rise. TNC’s 1994 Management information above, we determined this south to West Shore Drive; Big Pine Plan calls for monitoring, Cactoblastis type of climate to be a physical or Avenue and Elma Avenues on the east, control, vegetation management, and biological feature for H. aboriginum. Coral and Yacht Club Road, and U.S. 1 basic research on Consolea corallicola Soils. Substrates supporting Harrisia on the north, and Industrial Avenue on and threats to the species. TNC monitors aboriginum include sand and calcareous the east from the southeastern tip of Big C. corallicola at the Torchwood shell material (Bradley et al. 2004, pp. Pine Key to Avenue A. Hammock Preserve and conducts 4, 14). These substrates provide This unit was occupied at the time the nonnative plant and animal species anchoring spots, nutrients, moisture species was listed and contains all the control. The Preserve is fenced, and regime, and suitable soil chemistry for physical or biological features, potential visitors must request access to H. aboriginum, and facilitate a including suitable climate, hydrology, enter the site. Assisted migration to the community of associated plant species substrate, associated native plant highest elevations in the Preserve may that create a competitive regime that species, and disturbance regimes, be needed in the future to conserve the allows H. aboriginum to persist and essential to the conservation of the population if the area supporting the spread. Therefore, based on the species and the coastal berm, rockland existing population shows indications information above, we identify hammock, and buttonwood forest of increased soil salinity and population substrates derived from calcareous sand primary constituent elements. The decline due to sea level rise. or shell material to be a physical or physical or biological features in this biological feature for H. aboriginum. unit may require special management Physical or Biological Features for Hydrology. Harrisia aboriginum considerations or protection to address Harrisia aboriginum requires upland habitats that occur threats of nonnative plant species and We have determined that the above the daily tidal range, but are sea level rise. The CCP for the Lower following physical or biological features potentially subject to flooding by Florida Keys NWRs (NKDR, Key West are essential to the conservation of seawater during extreme tides and storm NWR, and Great White Heron NWR) Harrisia aboriginum. surge. H. aboriginum will not tolerate promotes the enhancement of wildlife hydric or saline soils, and these soil Space for Individual and Population populations by maintaining and conditions may also cause these habitats Growth and for Normal Behavior enhancing a diversity and abundance of to transition to a community of species habitats for native plants and animals, Plant Community and Competitive that will outcompete H. aboriginum for and provides specifically for Ability. Harrisia aboriginum occurs in space. Maritime hammocks occur on maintaining and expanding populations communities classified as coastal high ground that does not regularly of candidate plant species including C. strand, coastal grasslands, coastal flood, but can be inundated during corallicola. The Service conducts berms, maritime hammocks, and shell storm surges (FNAI 2010h, p. 3). Some nonnative species control in areas that mounds (Bradley et al. 2004, pp. 4, 14). sites that support H. aboriginum show could support C. corallicola. Detailed descriptions of these indications that soil salinization is communities and their associated native driving changes in the plant community Unit FSC4: Little Torch Key, Monroe plant species are provided in the Status toward salt-tolerant species, and will County, Florida Assessment for Harrisia aboriginum eventually lead to conditions unsuitable Unit FSC4 consists of approximately section of the proposed and final listing for H. aboriginum. Therefore, based on 168 ac (68 ha) in Monroe County. This rules. These habitats and their the information above, we identify unit is composed of State lands (47 ac associated plant communities provide upland habitats at elevations not (19 ha)); lands owned by Monroe vegetation structure that provides affected by soil salinization due to sea County (10 ac (4 ha)); and parcels in adequate growing space, sunlight, and a level rise to be physical or biological private and other ownership (111 ac (45 competitive regime that is required for features for H. aboriginum.

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Cover or Shelter benefitting the species. Therefore, based (1) Open to semi-open canopy, Harrisia aboriginum occurs in open on the information above, we identify subcanopy, and understory; and (2) Substrate of coarse, calcareous, canopy and semi-open to closed canopy habitat of sufficient size and storm-deposited sediment. habitats. The amount and frequency of connectivity that can support species (D) Maritime hammock habitat that open canopy areas varies by habitat type growth, distribution, and population contains: and time since the last disturbance, expansion to be a physical or biological (1) Canopy gaps and edges with an such as a hurricane, caused canopy feature for H. aboriginum. Disturbance Regime. Coastal strand, open to semi-open canopy, subcanopy, openings. In maritime hammocks, coastal berm, coastal grassland, and understory; and suitable areas will often be found near maritime hammock, and shell mound (2) Substrate of calcareous sand and the hammock edge or where there are habitats that support Harrisia shell fragments. openings in the forest canopy. More aboriginum depend on natural (E) Shell mound habitat that contains: open communities (e.g., coastal berm, disturbance regimes from hurricanes or (1) Open to semi-open canopy and coastal strand, and coastal grasslands) tidal inundation to reduce the canopy in understory; and provide more abundant and temporally order to provide light levels sufficient to (2) Substrate of soil derived from consistent suitable habitat than support the species. The historical calcareous shells deposited by Native communities capable of establishing a frequency and magnitude of hurricanes Americans during prehistoric times. dense canopy (e.g., maritime hammocks, and tidal inundation has allowed for the (ii) A plant community of shell mounds). Therefore, based on the persistence of H. aboriginum by predominately native vegetation with no information above, we identify habitats occasionally creating areas of open invasive, nonnative animal or plant that have a vegetation composition and canopy. In the absence of disturbance, species or such species in quantities low structure that allows for adequate some of these habitats may have closed enough to have minimal effect on sunlight and space for individual canopies, resulting in areas lacking survival of Harrisia aboriginum. growth and population expansion to be enough available sunlight to support H. (iii) Canopy openings in coastal a physical or biological feature for H. aboriginum. However, too frequent or strand, coastal grassland, coastal berm, aboriginum. severe disturbance that transitions the maritime hammock, and shell mound Sites for Breeding, Reproduction, or habitat toward more saline conditions habitats that are created by the effects of Rearing (or Development) of Offspring could result in the decline of the species strong winds or saltwater inundation in the area. In addition, fires are rare to from storm surge or infrequent tidal The habitats identified above as inundation. physical or biological features also nonexistent in coastal strand, coastal grassland, coastal berm, maritime (iv) Habitats that are connected and of provide a plant community with sufficient size to sustain viable associated plant species that foster a hammocks, and shell mound communities (FNAI 2010a, p. 2; FNAI populations in coastal strand, coastal competitive regime that is suitable for grassland, coastal berm, maritime Harrisia aboriginum and contain 2010f, p. 2; FNAI 2010g, p. 2; FNAI 2010h, p. 3; FNAI 2010i, p. 2). hammock, and shell mound habitats. adequate open space for the recruitment (v) Habitats that provide populations of new plants. Associated plant species Therefore, based on the information above, we identify habitats that have of the generalist pollinators that visit the in these habitats attract and provide flowers of Harrisia aboriginum. cover for generalist pollinators (e.g., disturbance regimes, including bees, butterflies, and beetles) that hurricanes, and infrequent inundation Special Management Considerations or pollinate H. aboriginum. events that maintain the habitat Protection for Harrisia aboriginum suitability to be physical or biological Management considerations or Habitats Protected From Disturbance or features for H. aboriginum. Representative of the Historical, protection are necessary throughout the Geographic, and Ecological Primary Constituent Elements for critical habitat units to avoid further Distributions of the Species Harrisia aboriginum degradation or destruction of the habitat that provides those features essential to Harrisia aboriginum continues to Based on our current knowledge of the physical or biological features and the species’ conservation. The primary occur in habitats that are protected from threats to the physical or biological human-generated disturbances and are habitat characteristics required to sustain the species’ life-history features that Harrisia aboriginum representative of the species’ historical, depends on include: geographical, and ecological processes, we determine that the primary constituent elements specific to (1) Habitat destruction and distribution although its range has been modification by development and sea reduced. The species is still found in its Harrisia aboriginum are: (i) Areas of upland habitats consisting level rise; representative plant communities of of coastal strand, coastal grassland, (2) Competition with nonnative, coastal strand, coastal grassland, coastal coastal berm, maritime hammocks, and invasive plant species; berm, maritime hammock, and shell shell mounds. (3) Herbivorous nonnative animal mound habitat. As described above, (A) Coastal strand habitat that species; these habitats provide a community of contains: (4) Wildfire; and associated plant and animal species that (1) Open to semi-open canopy and (5) Hurricanes and storm surge. are compatible with H. aboriginum, understory; and Some of these threats can be vegetation structure that provides (2) Substrate of sand and shell addressed by special management adequate sunlight levels and open space fragments of stabilized coastal dunes. considerations or protection while for plant growth and regeneration, and (B) Coastal grassland habitat that others (e.g., sea level rise, hurricanes, substrates with adequate moisture contains: storm surge) are beyond the control of availability and suitable soil chemistry. (1) No canopy and an open landowners and managers. However, In addition, representative communities understory; and even when landowners or land are located on Federal, State, local, and (2) Substrate of sand and shell managers may not be able to control all private conservation lands that fragments. the threats, they may be able to address implement conservation measures (C) Coastal berm habitat that contains: the results of the threats.

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Management activities that could level rise continues to drive the housed at herbaria, all of which are also ameliorate these threats include the transition toward salt-tolerant plant referenced in the above-mentioned monitoring and minimization of impacts species in these areas. Reintroduction is reports from the IRC and FNAI; from recreational activities, nonnative needed to restore the species’ historical (4) Digitally produced habitat maps species control, and protection from distribution on Cayo Costa and Madira provided by FNAI; and development. Precautions are needed to Bickell Mound State Historical Park. (5) Aerial images of Manatee, avoid the inadvertent trampling of Augmentation of small populations at Charlotte, Sarasota, and Lee Counties. Harrisia aboriginum in the course of Longboat Key, Terra Ceia, Lemon Bay The presence of primary constituent management activities and public use. Preserve, Kitchen Key, Gasparilla elements was determined through the Development of recreational facilities or Island, and Cayo Pelau would reduce interpretation of aerial imagery. The programs should avoid impacting these the risk of population loss to hurricanes, areas that contain primary constituent habitats directly or indirectly. Ditching storm surge, or wildfire. elements follow predictable landscape should be avoided because it alters the Harrisia aboriginum is listed on the patterns and have a recognizable hydrology and species composition of Regulated Plant Index as endangered signature in the aerial imagery. these habitats. Sites that have shown under chapter 5B–40, Florida Only approximately 300 to 500 increasing encroachment of woody Administrative Code. Florida Statutes individuals and 12 populations of species over time may require efforts to 581.185 sections (3)(a) and (b) prohibit Harrisia aboriginum are known to exist. maintain the open nature of the habitat, any person from willfully destroying or All but 2 of these populations consist of which favors these species. Nonnative harvesting any species listed as fewer than 100 individuals, with 7 species control programs are needed to endangered or threatened on the populations having 10 or fewer reduce competition, predation, and Regulated Plant Index, or growing such individuals (low redundancy). Most a plant on the private land of another, prevent habitat degradation. The populations occur on coastal barrier or on any public land, without first reduction of these threats will require islands where the amount of suitable obtaining the written permission of the the implementation of special remaining habitat is limited (low landowner and a permit from the management actions within each of the resiliency), and much of the remaining Florida Department of Plant Industry. critical habitat areas identified in this habitat will be lost to sea level rise over final rule. All critical habitat units Criteria Used To Identify Critical the next century. We have addressed require active management to address Habitat for Harrisia aboriginum representation through our primary the ongoing threats above and those constituent elements (as discussed presented in the Summary of Factors We are designating critical habitat in above) and by providing habitat for H. Affecting the Species sections in the areas within the geographical area aboriginum. For adequate redundancy proposed and final listing rules. occupied by Harrisia aboriginum at the The Service, State of Florida, and time of listing in 2013. We also are and resiliency, it is essential for the Manatee, Sarasota, Charlotte, and Lee designating specific areas outside the conservation of H. aboriginum for Counties own and manage conservation geographical area occupied by the additional populations to be established lands within the historical range of species at the time of listing that were and existing populations to be Harrisia aboriginum. The CCP for J.N. historically occupied, but are presently augmented. Therefore, we have ‘Ding’ Darling National Wildlife Refuge unoccupied, because such areas are designated two unoccupied areas as (JDDNWR) promotes the enhancement essential for the conservation of the critical habitat units where H. of wildlife populations by maintaining species. aboriginum was historically recorded, and enhancing a diversity and We have determined that all areas but has since been extirpated. abundance of habitats for native plants known to be occupied at the time of The current distribution of Harrisia and animals, especially imperiled listing meet the definition of critical aboriginum is reduced from its species. This CCP provides specifically habitat and are needed for the historical distribution, with no for maintaining populations of H. conservation of the species. However, populations remaining in Manatee aboriginum. The State Management we determined that occupied habitat is County, at the northern extent of the Plans for Charlotte Harbor Preserve, not adequate for the conservation of species’ range. We anticipate that Cayo Costa, Stump Pass Beach, Delnor- Harrisia aboriginum (see our rationale recovery will require continued Wiggins Pass, and Gasparilla Island below). We used habitat and historical protection of the remaining extant State Parks and Bocilla Preserve occurrence data to identify unoccupied population and habitat, as well as promote the protection of habitats and habitat essential for the conservation of establishing populations in additional native species. The Service, State of the species. To determine the location areas that more closely approximate its Florida, and Manatee, Sarasota, and boundaries of both occupied and historical distribution in order to ensure Charlotte, and Lee Counties conduct unoccupied critical habitat, the Service there are adequate numbers of plants in nonnative species control efforts on used the following sources of data and stable populations and that these sites that support, or have suitable information for H. aboriginum that populations occur over a wide habitat for, H. aboriginum. The Service include the following: geographic area. This will help to monitors the population of H. (1) FNAI population records and ensure that catastrophic events, such as aboriginum at JDDNWR. FDEP monitors ArcGIS software to spatially depict the storms, cannot simultaneously affect all the H. aboriginum population at location and extent of documented known populations. Charlotte Harbor Preserve State Park. populations of Harrisia aboriginum Areas Occupied at the Time of Listing Nonnative species control is currently (FNAI 2011b, pp. 1–28); lacking at Manasota Beach Park and (2) Reports prepared by botanists with The occupied critical habitat units Kitchen Key in areas that support H. the IRC and the Service (Some of these were delineated around documented aboriginum. Poaching, vandalism, and were funded by the Service; others were extant populations. These units include wildfire have been observed at requested or volunteered by biologists the mapped extent of the population Manasota Beach Park. Most populations with the Service.); that contains one or more of the are at elevations close to sea level and (3) Historical records found in reports physical or biological features. We may require assisted migration as sea and associated voucher specimens considered the following when

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identifying occupied areas of critical et al. 2004, p. 4). These areas also still The critical habitat designation is habitat: retain some or all of the elements of the defined by the map or maps, as (1) The delineation included space to physical or biological features. modified by any accompanying allow for the successional nature of the (2) Provide areas of sufficient size to regulatory text, presented at the end of occupied habitats (i.e., gain and loss of support ecosystem processes for this document in the rule portion. We areas with sufficient light availability populations of Harrisia aboriginum. include more detailed information on due to disturbance of the tree canopy These areas are essential for the the boundaries of the critical habitat driven by natural events such as conservation of the species because they designation in the preamble of this inundation and hurricanes), and habitat will provide areas for population document. We will make the transition or loss due to sea level rise. expansion and growth. Large contiguous coordinates, plot points, or both on (2) Some areas will require special parcels of habitat are more likely to be which each map is based available to management to be able to support a resilient to ecological processes of the public on http:// higher density of the plant within the disturbance and succession, and www.regulations.gov at Docket No. occupied space. These areas generally support viable populations of H. FWS–R4–ES–2014–0057, on our are habitats where some of the primary aboriginum. The unoccupied areas Internet site, http://www.fws.gov/ constituent elements have been lost selected were at least 30 ac (12 ha) or verobeach/, and at the field office through natural or human causes. These greater in size. responsible for the designation (see FOR areas would help to offset the The amount and distribution of FURTHER INFORMATION CONTACT above). anticipated loss and degradation of designated critical habitat will allow Critical Habitat Designation for habitat occurring or expected from the Harrisia aboriginum to: Harrisia aboriginum effects of climate change (such as sea (1) Maintain its existing distribution; (2) Expand its distribution into level rise) or due to development. We are designating 11 units as critical historically occupied areas (needed to habitat for Harrisia aboriginum. The Areas Outside the Geographic Area offset habitat loss and fragmentation); critical habitat areas we describe below Occupied at the Time of Listing (3) Use habitat depending on habitat availability (response to changing nature constitute our current best assessment of After completing the above analysis, of coastal habitat including sea level areas that meet the definition of critical we determined that occupied areas were rise) and support genetic diversity; habitat for H. aboriginum. The 11 areas not sufficient for the conservation of the (4) Increase the size of each we designate as critical habitat are: species for the following reasons: (1) population to a level where the threats (1) Unit APA1 Terra Ceia, Manatee Restoring the species to its historical of genetic, demographic, and normal County, Florida; range and reducing its vulnerability to environmental uncertainties are (2) Unit APA2 Longboat Key, Sarasota stochastic events such as hurricanes and diminished; and County, Florida; storm surge requires reintroduction to (5) Maintain its ability to withstand (3) Unit APA3 Osprey, Sarasota areas where it occurred in the past but local or unit-level environmental has since been extirpated; (2) providing County, Florida; fluctuations or catastrophes. (4) Unit APA4 Manasota Key, Sarasota increased connectivity for populations When determining critical habitat and Charlotte Counties, Florida; and areas for small populations to boundaries within this final rule, we expand requires currently unoccupied made every effort to avoid including (5) Unit APA5 Charlotte Harbor, habitat; and (3) reintroduction or developed areas such as lands covered Charlotte County, Florida; assisted migration to reduce the species by buildings, pavement, and other (6) Unit APA6 Gasparilla Island vulnerability to sea level rise and storm structures because such lands lack North, Charlotte and Lee Counties, surge requires higher elevation sites that physical or biological features for Florida; are currently unoccupied by Harrisia Harrisia aboriginum. The scale of the (7) Unit APA7 Gasparilla Island aboriginum. Therefore, we looked for maps we prepared under the parameters South, Lee County, Florida; unoccupied areas that may be essential for publication within the Code of (8) Unit APA8 Cayo Pelau, Charlotte for the conservation of the species. Federal Regulations may not reflect the and Lee Counties, Florida; The unoccupied areas are essential for exclusion of such developed lands. Any (9) Unit APA9 Cayo Costa, Lee the conservation of the species because such lands inadvertently left inside County, Florida; they: critical habitat boundaries shown on the (10) Unit APA10 Bocilla Island, Lee (1) Represent the historical range of maps of this final rule have been County, Florida; and Harrisia aboriginum. H. aboriginum has excluded by text in the rule and are not been extirpated from two locations designated as critical habitat. Therefore, (11) Unit APA11 Sanibel Island and where it was previously recorded. Of a Federal action involving these lands Buck Key, Lee County, Florida. those areas found in reports, we are will not trigger section 7 consultation Land ownership within the designated designating critical habitat only for with respect to critical habitat and the critical habitat consists of Federal (11 those that are well-documented and requirement of no adverse modification percent), State (48 percent), County (15 essential for the conservation of the unless the specific action would affect percent), and private and other (26 species (i.e., Terra Ceia, Cayo Costa) the physical or biological features in the percent). Table 2 summarizes these (Bradley and Gann 1999, p. 77; Bradley adjacent critical habitat. units.

TABLE 2—HARRISIA ABORIGINUM CRITICAL HABITAT UNITS [All areas rounded to the nearest whole number, except where less than 1 acre (ac) or hectare (ha)]

Total Federal State County Private/Other Unit ac (ha) ac (ha) ac (ha) ac (ha) ac (ha) Occupied

APA1 Terra Ceia ...... 222 (90) 0 66 (27) 70 (28) 87 (35) No. APA2 Longboat Key ...... 54 (22) 0 0 0 54 (22) Yes. APA3 Osprey ...... 116 (47) 0 0 50 (20) 66 (27) Yes.

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TABLE 2—HARRISIA ABORIGINUM CRITICAL HABITAT UNITS—Continued [All areas rounded to the nearest whole number, except where less than 1 acre (ac) or hectare (ha)]

Total Federal State County Private/Other Unit ac (ha) ac (ha) ac (ha) ac (ha) ac (ha) Occupied

APA4 Manasota Key ...... 415 (168) 0 58 (23) 111 (45) 245 (99) Yes. APA5 Charlotte Harbor ...... 51 (21) 0 51 (21) 0 0 Yes. APA6 Gasparilla North ...... 98 (40) 0 0.06 (0.02) 22 (9) 77 (31) Yes. APA7 Gasparilla South ...... 92 (37) 3 (1) 69 (28) 12 (5) 8 (3) Yes. APA8 Cayo Pelau ...... 25 (10) 0 0 25 (10) 0 Yes. APA9 Cayo Costa ...... 1,702 (689) 0 1,379 (558) 94 (38) 230 (93) No. APA10 Bocilla ...... 33 (13) 0 0 32 (13) 0.7 (0.3) Yes. APA11 Sanibel Island and Buck Key ...... 635 (257) 373 (151) 47 (19) 90 (36) 126 (51) Yes.

Total ...... 3,444 (1,394) 376 (152) 1,669 (676) 505 (204) 893 (361)

Percent of Total ...... 100 11 48 15 26 Note: Area sizes may not sum due to rounding.

We present brief descriptions of all specific to Harrisia aboriginum. The population size, hurricanes, storm units, and reasons why they meet the FDEP conducts nonnative species surge, and sea level rise. definition of critical habitat for Harrisia control on their lands within the unit. Unit APA3: Osprey, Sarasota County, aboriginum, below. Reintroduction of H. aboriginum within Florida Madira Bickel Mound State Historical Unit APA1: Terra Ceia, Manatee Unit APA3 consists of approximately County, Florida Park, Terra Ceia Preserve State Park, and the Tampa Bay Estuarine System is 116 ac (47 ha) in Sarasota County, Unit APA1 consists of approximately needed to restore the species to its Florida. This unit is composed of 222 ac (90 ha) in Manatee County, historical distribution in Manatee Sarasota County lands within Palmer Florida. This unit is composed of State County and reduce the risks to the Point County Park (50 ac (20 ha)) and lands within Madira Bickel Mound species associated with hurricanes, parcels in private or other ownership State Historical Park, Terra Ceia storm surge, and sea level rise. (66 ac (27 ha)). This unit extends along Preserve State Park, Cockroach Bay the barrier island (Casey Key) from the State Buffer Preserve, and the Tampa Unit APA2: Longboat Key, Sarasota south terminus of Blind Pass Road, Bay Estuarine System (66 ac (27 ha)); County, Florida south for approximately 1.2 mi (1.9 km) Manatee County lands at Emerson Point Unit APA2 consists of approximately along North Casey Key Road. On the Preserve and parcels owned by the 54 ac (22 ha) in Sarasota County, mainland, the unit includes lands Manatee County Port Authority (70 ac Florida. This unit is composed entirely bordered on the north by Vamo Way, to (28 ha)); and parcels in private or other of parcels in private or other ownership. the east by Highway 41, and to the south ownership (87 ac (35 ha)). This unit This unit includes lands west of Gulf of by Palmetto Avenue. includes lands west of Highway 41 This unit was occupied at the time the Mexico Drive, extending from 0.40 extending from just south of South Dock species was listed and contains the miles (mi) (0.6 kilometers (km)) south of Street south to Snead Island. The unit biological or physical features including the intersection of Bay Isles Parkway also includes areas of Harbor Key, suitable climate, hydrology, substrate, and Gulf of Mexico Drive, to the Mariposa Key, Horseshoe Key, Joe associated native plant species, and southern tip of Longboat Key. It also Island, Skeet Key, Paradise Island, Ed’s disturbance regimes essential to the includes lands on the north side of Gulf Key, and Rattlesnake Key. conservation of the species and contains of Mexico Drive, east of Longboat Club This unit was not occupied at the coastal strand, coastal berm, maritime Key Drive, on the northwest tip of time the species was listed but is hammock, and shell mound primary Longboat Key. essential for the conservation of the constituent elements. The physical or species because it serves to protect This unit was occupied at the time the biological features in this unit may habitat needed to recover the species, species was listed and contains all the require special management reestablish wild populations within the physical or biological features, considerations or protection to address historical range of the species, and including suitable climate, hydrology, threats of nonnative plant species, and maintain populations throughout the substrate, associated native plant sea level rise. Augmentation of the historic distribution of the species in species, and disturbance regimes, Harrisia aboriginum population within Manatee County, and will provide essential to the conservation of the the unit is needed to restore the species population redundancy in the case of species, and the primary constituent to its historical abundance and reduce stochastic events that otherwise hold elements of coastal strand, coastal berm, the risks associated with small the potential to eliminate the species and maritime hammock. The physical or population size, hurricanes, storm from the one or more locations where it biological features in this unit may surge, and sea level rise. is presently found. require special management The Management Plan for Madira considerations or protection to address Unit APA4: Manasota Key, Sarasota and Bickel Mound State Historical Park, threats of nonnative plant species and Charlotte Counties, Florida Terra Ceia Preserve State Park, sea level rise. Augmentation of the Unit APA4 consists of approximately Cockroach Bay State Buffer Preserve, Harrisia aboriginum population within 415 ac (168 ha) in Sarasota and and the Tampa Bay Estuarine System the unit is needed to restore the species Charlotte Counties, Florida. This unit is calls for the protection and restoration to its historical abundance and reduce composed of State lands within Stump of habitats, but does not identify actions the risks associated with small Pass Beach State Park (58 ac (23 ha));

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County lands within Blind Pass Park, Augmentation of the H. aboriginum species and contains coastal strand, Brohard Beach and Paw Park, Manasota population within the unit is needed to coastal berm, and maritime hammock Beach Park, Casperson Beach Park, and restore the species to its historical primary constituent elements. The Service Club Park (111 ac (45 ha)); and abundance and reduce the risks physical or biological features in this parcels in private or other ownership associated with small population size, unit may require special management (245 ac (99 ha)). This unit extends from hurricanes, storm surge, and sea level considerations or protection to address Beach Road in the City of Venice, south rise. threats of nonnative plant species and along Manasota Key to the barrier sea level rise. The Management Plan for Unit APA6: Gasparilla North, Charlotte islands southern tip, including a portion Gasparilla Island State Park calls for the and Lee Counties, Florida of Peterson Island. protection and restoration of habitats, This unit was occupied at the time the Unit APA6 consists of approximately but does not identify actions specific to species was listed and contains the 98 ac (40 ha) in Charlotte and Lee Harrisia aboriginum. The FDEP physical or biological features, Counties, Florida. This unit is conducts nonnative species control on including suitable climate, hydrology, composed of State land (0.006 ac (0.02 its lands within the unit. Augmentation substrate, associated native plant ha)), county land (22 ac (9 ha)), and of the H. aboriginum population within species, and disturbance regimes parcels in private or other ownership the unit is needed to restore the species essential to the conservation of the (77 ac (31 ha)). This unit includes most to its historical abundance and reduce species and contains coastal strand, of Kitchen Key (Live Oak Key) and the the risks associated with small coastal berm, and maritime hammock area east of Gasparilla Road, from the population size, hurricanes, storm primary constituent elements. The intersection of Grouper Hole Road and surge, and sea level rise. physical or biological features in this Grouper Hole Court, south to 0.15 mi unit may require special management (0.24 km) north of Snail Island Court, Unit APA8: Cayo Pelau, Charlotte and considerations or protection to address from approximately 0.10 mi (0.21 km) Lee Counties, Florida threats of nonnative plant species and south of 35th Street to 23rd Street, Unit APA8 consists of approximately sea level rise. The Management Plan for including the small island separated 25 ac (10 ha) in Charlotte and Lee Stump Pass Beach State Park calls for from Gasparilla Island by a canal; and Counties, Florida. This unit is the protection and restoration of from 22nd Street to 20th Street. composed of Lee County lands within habitats, but does not identify actions This unit was occupied at the time the Cayo Pelau Preserve, and parcels in specific to Harrisia aboriginum. The species was listed and contains the private or other ownership (0.6 ac (0.2 FDEP conducts nonnative species physical or biological features including ha)). This unit includes lands located control on their lands within the unit. suitable climate, hydrology, substrate, from 0.13 mi (0.21 km) south of the Augmentation of the H. aboriginum associated native plant species, and northern tip of Cayo Pelau, extending population within the unit is needed to disturbance regimes essential to the south to the southeastern tip of Cayo restore the species to its historical conservation of the species and contains Pelau. abundance and reduce the risks coastal berm and maritime hammock This unit was occupied at the time the associated with small population size, primary constituent elements. The species was listed and contains the hurricanes, storm surge, and sea level physical or biological features in this physical or biological features including rise. unit may require special management suitable climate, hydrology, substrate, considerations or protection to address associated native plant species, and Unit APA5: Charlotte Harbor, Charlotte threats of nonnative plant species and disturbance regimes essential to the County, Florida sea level rise. Augmentation of the conservation of the species and contains Unit APA5 consists of approximately Harrisia aboriginum population within coastal berm and shell mound primary 51 ac (21 ha) in Charlotte County, the unit is needed to restore the species constituent elements. The physical or Florida. This unit is composed entirely to its historical abundance and reduce biological features in this unit may of State lands within the Charlotte the risks associated with small require special management Harbor Preserve State Park. This unit population size, hurricanes, storm considerations or protection to address includes the Big Mound, Boggess Ridge, surge, and sea level rise. threats of nonnative plant species and and a shell mound located on the east sea level rise. Augmentation of the Unit APA7: Gasparilla South, Lee side of Charlotte Harbor, south of the Harrisia aboriginum population within County, Florida City of Charlotte Park. This unit was the unit is needed to restore the species occupied at the time the species was Unit APA7 consists of approximately to its historical abundance and reduce listed and contains all the physical or 92 ac (37 ha) in Lee County, Florida. the risks associated with small biological features essential to the This unit is composed of Federal land population size, hurricanes, storm conservation of the species and contains owned by the Service and Bureau of surge, and sea level rise. coastal berm and shell mound primary Land Management (BLM) (3 ac (1 ha)), constituent elements. State lands within Gasparilla Island Unit APA9: Cayo Costa, Lee County, The physical or biological features in State Park (69 ac (28 ha)), Lee County Florida this unit may require special lands (12 ac (5 ha)), and parcels in Unit APA9 consists of approximately management considerations or private or other ownership (8 ac (3 ha)). 1,702 ac (689 ha) in Lee County, Florida. protection to address threats of This unit includes lands located from This unit is composed of State lands nonnative plant species and sea level south of 1st Street to the southern tip of within (1,379 ac rise. The Management Plan for Charlotte Gasparilla Island. (558 ha)), lands owned by Lee County Harbor Preserve State Park calls for the This unit was occupied at the time the (94 ac (38 ha)), and parcels in private or protection and restoration of habitats, species was listed and contains the other ownership (230 ac (93 ha)). This and identifies actions specific to physical or biological features, unit includes lands located from the Harrisia aboriginum. The FDEP including suitable climate, hydrology, northern tip to the southern tip of Cayo conducts nonnative species control and substrate, associated native plant Costa. monitors the H. aboriginum population species, and disturbance regimes This unit was not occupied at the in Charlotte Harbor Preserve State Park. essential to the conservation of the time the species was listed but is

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essential for the conservation of the in private or other ownership (126 ac its intended conservation role for the species because it serves to protect (51 ha)). This unit includes lands on species. habitat needed to recover the species, Buck Key, Runyan Key, and Sanibel If a Federal action may affect a listed reestablish wild populations within the Island. On Sanibel Island, the unit species or its critical habitat, the historical range of the species, maintain includes a portion of Bowman’s Beach, responsible Federal agency (action populations throughout the historic from just south of Silver Key to the agency) must enter into consultation distribution of the species in Manatee western terminus of Water’s Edge Lane; with us. Examples of actions that are County, and provide population uplands within JDDNWR; and a shell subject to the section 7 consultation redundancy in the case of stochastic mound located near the northern process are actions on State, tribal, events that otherwise hold the potential terminus of Tarpon Bay Road. local, or private lands that require a to eliminate the species from the one or This unit was occupied at the time the Federal permit (such as a permit from more locations where it is presently species was listed and contains the the U.S. Army Corps of Engineers under found. The Management Plan for Cayo physical or biological features, section 404 of the Clean Water Act (33 Costa State Park calls for the protection including suitable climate, hydrology, U.S.C. 1251 et seq.) or a permit from the and restoration of habitats and identifies substrate, associated native plant Service under section 10 of the Act) or actions specific to Harrisia aboriginum. species, and disturbance regimes that involve some other Federal action The FDEP conducts nonnative species essential to the conservation of the (such as funding from the Federal control and monitored the population at species and contains the maritime Highway Administration, Federal Cayo Costa State Park until the last hammock primary constituent elements. Aviation Administration, or the Federal plant died in 2007. Reintroduction of H. The physical or biological features in Emergency Management Agency). aboriginum within Cayo Costa State this unit may require special Federal actions not affecting listed Park is needed to restore the species to management considerations or species or critical habitat, and actions its historical distribution and reduce the protection to address threats of on State, tribal, local, or private lands risks to the species associated with nonnative plant species and sea level that are not federally funded or hurricanes, storm surge, and sea level rise. The CCP for JDDNWR promotes the authorized, do not require section 7 rise. protection and restoration of habitats, consultation. Unit APA10: Bocilla, Lee County, and identifies actions specific to As a result of section 7 consultation, Florida Harrisia aboriginum. The Service we document compliance with the conducts nonnative species control and requirements of section 7(a)(2) through Unit APA10 consists of approximately monitors the population at JDDNWR. our issuance of: 33 ac (13 ha) in Lee County, Florida. (1) A concurrence letter for Federal This unit is composed of Lee County Effects of Critical Habitat Designation actions that may affect, but are not lands within the Bocilla Preserve (32 ac Section 7 Consultation likely to adversely affect, listed species (13 ha)) and parcels in private or other or critical habitat; or ownership (0.7 ac (0.3 ha)). This unit Section 7(a)(2) of the Act requires (2) A biological opinion for Federal includes lands located on the Federal agencies, including the Service, actions that may affect and are likely to undeveloped portion of Bokeelia Island to ensure that any action they fund, adversely affect, listed species or critical from 0.02 mi (0.03 km) west of the authorize, or carry out is not likely to habitat. terminus of Ebbtide Way, extending jeopardize the continued existence of When we issue a biological opinion south and west to the northwest and any endangered species or threatened concluding that a project is likely to southeast corners of Bokeelia Island. species or result in the destruction or jeopardize the continued existence of a This unit was occupied at the time the adverse modification of designated listed species and/or destroy or species was listed and contains the critical habitat of such species. In adversely modify critical habitat, we physical or biological features, addition, section 7(a)(4) of the Act provide reasonable and prudent including suitable climate, hydrology, requires Federal agencies to confer with alternatives to the project, if any are substrate, associated native plant the Service on any agency action that is identifiable, that would avoid the species, and disturbance regimes likely to jeopardize the continued likelihood of jeopardy and/or essential to the conservation of the existence of any species proposed to be destruction or adverse modification of species and contains the coastal berm listed under the Act or result in the critical habitat. We define ‘‘reasonable primary constituent element. The destruction or adverse modification of and prudent alternatives’’ (at 50 CFR physical or biological features in this proposed critical habitat. 402.02) as alternative actions identified unit may require special management Decisions by the 5th and 9th Circuit during consultation that: considerations or protection to address Courts of Appeals have invalidated our (1) Can be implemented in a manner threats of nonnative plant species and regulatory definition of ‘‘destruction or consistent with the intended purpose of sea level rise. The Management Plan for adverse modification’’ (50 CFR 402.02) the action, Bocilla Preserve calls for the protection (see Gifford Pinchot Task Force v. U.S. (2) Can be implemented consistent and restoration of habitats and identifies Fish and Wildlife Service, 378 F. 3d with the scope of the Federal agency’s actions specific to Harrisia aboriginum. 1059 (9th Cir. 2004) and Sierra Club v. legal authority and jurisdiction, U.S. Fish and Wildlife Service, 245 F.3d (3) Are economically and Unit APA11: Sanibel Island and Buck 434 (5th Cir. 2001)), and we do not rely technologically feasible, and Key, Lee County, Florida on this regulatory definition when (4) Would, in the Director’s opinion, Unit APA11 consists of approximately analyzing whether an action is likely to avoid the likelihood of jeopardizing the 635 ac (257 ha) in Lee County, Florida. destroy or adversely modify critical continued existence of the listed species This unit is composed of Federal lands habitat. Under the statutory provisions and/or avoid the likelihood of owned by the Bureau of Land of the Act, we determine destruction or destroying or adversely modifying Management, and Service lands within adverse modification on the basis of critical habitat. the JDDNWR (373 ac (151 ha)), State whether, with implementation of the Reasonable and prudent alternatives lands (47 ac (13 ha)), lands owned by proposed Federal action, the affected can vary from slight project Lee County (90 ac (36 ha)), and parcels critical habitat would continue to serve modifications to extensive redesign or

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relocation of the project. Costs and commercial development, and habitat designation and related factors associated with implementing a recreational facilities, and trails. (Industrial Economics, Incorporated reasonable and prudent alternative are (3) Actions that would introduce (IEc) 2014, entire). The analysis, dated similarly variable. nonnative species that would October 15, 2014, was made available Regulations at 50 CFR 402.16 require significantly alter vegetation structure or for public review from January 22, 2015, Federal agencies to reinitiate composition. Such activities may through March 23, 2015 (80 FR 3316). consultation on previously reviewed include, but are not limited to, The DEA addressed probable economic actions in instances where we have residential and commercial impacts of critical habitat designation listed a new species or subsequently development and road construction. for Consolea corallicola and Harrisia designated critical habitat that may be aboriginum. Following the close of the affected and the Federal agency has Exemptions comment period, we reviewed and retained discretionary involvement or Application of Section 4(a)(3) of the Act evaluated all information submitted control over the action (or the agency’s during the comment period that may Section 4(a)(3)(B)(i) of the Act (16 discretionary involvement or control is pertain to our consideration of the U.S.C. 1533(a)(3)(B)(i)) provides that: authorized by law). Consequently, probable incremental economic impacts Federal agencies sometimes may need to ‘‘The Secretary shall not designate as of this critical habitat designation. We request reinitiation of consultation with critical habitat any lands or other did not receive any comments regarding us on actions for which formal geographic areas owned or controlled by the DEA; therefore, we consider the consultation has been completed, if the Department of Defense, or DEA to be the final economic analysis. those actions with discretionary designated for its use, that are subject to Additional information relevant to the involvement or control may affect an integrated natural resources probable incremental economic impacts subsequently listed species or management plan (INRMP) prepared of critical habitat designation for the designated critical habitat. under section 101 of the Sikes Act (16 Consolea corallicola and Harrisia U.S.C. 670a), if the Secretary determines aboriginum is summarized below and Application of the ‘‘Adverse in writing that such plan provides a Modification’’ Standard available in the screening analysis for benefit to the species for which critical these species (IEc 2014), available at The key factor related to the adverse habitat is proposed for designation.’’ http://www.regulations.gov. modification determination is whether, There are no Department of Defense The following provides a summary of with implementation of the proposed lands with a completed INRMP within the DEA. For more information Federal action, the affected critical the critical habitat for Consolea regarding the Service’s economic habitat would continue to serve its corallicola or Harrisia aboriginum. analysis process, please see intended conservation role for the Consideration of Impacts Under Section Consideration of Impacts Under Section species. Activities that may destroy or 4(b)(2) of the Act 4(b)(2) of the Act in the proposed rule adversely modify critical habitat are (80 FR 3316, 3331–3334). those that alter the physical or Section 4(b)(2) of the Act states that In our evaluation of the probable biological features to an extent that the Secretary shall designate and make incremental economic impacts that may appreciably reduces the conservation revisions to critical habitat on the basis result from the designation of critical value of critical habitat for Consolea of the best available scientific data after habitat for Consolea corallicola and corallicola and Harrisia aboriginum. As taking into consideration the economic Harrisia aboriginum, first we identified, discussed above, the role of critical impact, national security impact, and in the IEM dated July 30, 2014, probable habitat is to support life-history needs of any other relevant impact of specifying incremental economic impacts the species and provide for the any particular area as critical habitat. associated with the following categories conservation of the species. The Secretary may exclude an area from of activities: Section 4(b)(8) of the Act requires us critical habitat if she determines that the (1) Federal lands management (NPS, to briefly evaluate and describe, in any benefits of such exclusion outweigh the Service, BLM); proposed or final regulation that benefits of specifying such area as part (2) Roadway and bridge construction; designates critical habitat, activities of the critical habitat, unless she (3) Dredging; involving a Federal action that may determines, based on the best scientific (4) Commercial or residential destroy or adversely modify such data available, that the failure to development; habitat, or that may be affected by such designate such area as critical habitat (5) Recreation (including construction designation. will result in the extinction of the of recreation infrastructure). Activities that may affect critical species. In making that determination, We considered each industry or habitat, when carried out, funded, or the statute on its face, as well as the category individually. Additionally, we authorized by a Federal agency, should legislative history, are clear that the considered whether these activities have result in consultation for the Consolea Secretary has broad discretion regarding any Federal involvement. Critical corallicola and Harrisia aboriginum. which factor(s) to use and how much habitat designation will not affect These activities include, but are not weight to give to any factor. activities that do not have any Federal involvement; designation of critical limited to: Consideration of Economic Impacts (1) Actions that would significantly habitat only affects activities conducted, alter the hydrology or substrate, such as Under section 4(b)(2) of the Act, we funded, permitted, or authorized by ditching or filling. Such activities may consider the economic impacts of Federal agencies. In areas where include, but are not limited to, road specifying any particular area as critical Consolea corallicola or Harrisia construction or maintenance, and habitat. In order to consider economic aboriginum is present, Federal agencies residential, commercial, or recreational impacts, we prepared an incremental already are required to consult with the development. effects memorandum (IEM) and Service under section 7 of the Act on (2) Actions that would significantly screening analysis which together with activities they authorize, fund, or carry alter vegetation structure or our narrative and interpretation of out that may affect the species. Once composition, such as clearing vegetation effects we consider our draft economic critical habitat is designated, for construction of roads, residential analysis (DEA) of the proposed critical consultations to avoid the destruction or

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adverse modification of critical habitat only administrative costs are expected Harrisia aboriginum would be incorporated into the existing in the critical habitat designation. While The critical habitat designation for consultation process. Therefore, this additional analysis will require Harrisia aboriginum totals disproportionate impacts to any time and resources by both the Federal approximately 3,444 ac (1,394 ha) across geographic area or sector are not likely action agency and the Service, in most 11 units in Manatee, Sarasota, Charlotte, as a result of this critical habitat circumstances, these costs would and Lee County. Nine of these units designation. predominantly be administrative in (approximately 44 percent of the area) In our IEM, we attempted to clarify nature and would not be significant. were occupied by the species at the time the distinction between the effects that of listing; the remaining two units will result from the species being listed Based on the available information, (approximately 56 percent of the area) and those attributable to the critical we anticipate no more than three were unoccupied. The critical habitat habitat designation (i.e., difference consultations per year within the includes lands under Federal (11 between the jeopardy and adverse critical habitat units. Communications percent), State (48 percent), county (15 modification standards) for Consolea with affected entities indicate that percent), and private or other (26 corallicola’s and Harrisia aboriginum’s critical habitat designation is likely to percent) ownership. critical habitat. Because the designation result in no more than a few Based on the available information, of critical habitat for Consolea consultations, with minor conservation we anticipate no more than four corallicola and Harrisia aboriginum was efforts that would likely result in consultations per year within the proposed soon after the listing, it has relatively low probable economic occupied critical habitat units. In the been our experience that it is more impacts. Unit costs of such occupied areas, any actions that may difficult to discern which conservation administrative efforts range from affect the species or its habitat would efforts are attributable to the species approximately $410 to $5,000 per also affect designated critical habitat being listed and those which will result consultation (2014 dollars, total cost for and it is unlikely that any additional solely from the designation of critical all parties participating in a single conservation efforts would be habitat. However, the following specific consultation) (IEc 2014, p. 10). Applying recommended to address the adverse circumstances in this case help to these unit cost estimates, this analysis modification standard over and above inform our evaluation: (1) The essential conservatively estimates that the physical or biological features identified those recommended as necessary to administrative cost of considering avoid jeopardizing the continued for critical habitat are the same features adverse modification in section 7 essential for the life requisites of the existence of Harrisia aboriginum. consultation will result in incremental Therefore, only administrative costs are species and (2) any actions that would costs of up to $7,100 (2014 dollars) in result in sufficient harm or harassment expected in approximately 44 percent of a given year for Consolea corallicola the critical habitat designation. While to constitute jeopardy to Consolea (IEc 2014, pp. 10–11). corallicola or Harrisia aboriginum this additional analysis will require would also likely adversely affect the The entities most likely to incur time and resources by both the Federal essential physical or biological features incremental costs are parties to section action agency and the Service, in most of critical habitat. The IEM outlined our 7 consultations, including Federal circumstances, these costs would rationale concerning this limited action agencies and, in some cases, third predominantly be administrative in distinction between baseline parties, most frequently State agencies nature and would not be significant. conservation efforts and incremental or municipalities. Activities we expect Unit costs of such administrative efforts impacts of the designation of critical will be subject to consultations that may range from approximately $410 to habitat for these species. This involve private entities as third parties $5,000 per consultation (2014 dollars, evaluation of the incremental effects are residential and commercial total cost for all parties participating in was used as the basis to evaluate the development that may occur on private a single consultation) (IEc 2014, p. 10). probable incremental economic impacts lands. However, based on coordination Applying these unit cost estimates to of the proposed rule to designate critical efforts with State and local agencies, the the occupied units, this analysis habitat. cost to private entities within these conservatively estimates that the sectors is expected to be relatively administrative cost of considering Consolea corallicola minor (administrative costs of $5,000 or adverse modification in section 7 The critical habitat designation for less per consultation effort) and, consultation will result in incremental Consolea corallicola totals therefore, would not be significant. costs of up to $7,000 (2014 dollars) in approximately 4,411 ac (1,785 ha) across a given year for H. aboriginum (IEc four units in Miami-Dade and Monroe The probable incremental economic 2014, p. 11). Counties, Florida, all of which was impacts of Consolea corallicola critical In the unoccupied areas, any occupied by the species at the time of habitat designation are expected to be conservation efforts or associated listing. The critical habitat includes limited to additional administrative probable impacts would be considered lands under Federal (28 percent), State effort as well as minor costs of incremental effects attributed to the (58 percent), county (1 percent), and conservation efforts resulting from a critical habitat designation. However, private or other (13 percent) ownership. small number of future section 7 within the unoccupied critical habitat, In these areas any actions that may consultations. This estimation is due to few actions are expected to occur that affect the species or its habitat would two factors: (1) The critical habitat units will result in section 7 consultations or also affect designated critical habitat, are all considered to be occupied by the associated project modifications because and it is unlikely that any additional species, and incremental economic no Federal lands are included in these conservation efforts would be impacts of critical habitat designation, units. Based on the results from past recommended to address the adverse other than administrative costs, are consultation history for these areas and modification standard over and above unlikely; and (2) few actions are communications with potentially those recommended as necessary to anticipated that will result in section 7 affected entities, we anticipate that an avoid jeopardizing the continued consultation or associated project additional six projects will result in existence of C. corallicola. Therefore, modifications. section 7 consultation (two formal and

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four informal) within the unoccupied designation of critical habitat will Exclusions Based on Other Relevant units per year, with minor conservation trigger additional State or local Impacts efforts that would likely result in restrictions (IEc 2014, pp. 11–12). Public Under section 4(b)(2) of the Act, we relatively low probable economic perception of critical habitat may result also consider any other relevant impacts impacts. Unit costs of such in landowners or buyers believing that resulting from the designation of critical administrative efforts range from the rule will restrict land or water use habitat. We consider a number of approximately $1,200 to $15,000 per activities in some way and, therefore, factors, including whether the consultation (2014 dollars, total cost for valuing the resource less than they landowners have developed any HCPs all parties participating in a single would have absent critical habitat. This or other management plans for the area, consultation) (IEc 2014, p. 10). Applying is a perceptional, or stigma, effect of or whether there are conservation these unit cost estimates to the critical habitat on markets. Costs partnerships that would be encouraged unoccupied units, this analysis resulting from public perception of the by designation of, or exclusion from, conservatively estimates that the impact of critical habitat, if they occur, critical habitat. In addition, we look at administrative cost of considering are more likely to occur on private any tribal issues, and consider the adverse modification in section 7 lands. However, based on the economic government-to-government relationship consultation will result in incremental analysis, ‘‘possible costs resulting from of the United States with tribal entities. costs of up to $60,000 (2014 dollars) in public perception of the effect of critical We also consider any social impacts that a given year for H. aboriginum (IEc habitat designation, when combined might occur because of the designation. 2014, pp. 10–11). Therefore, the with section 7 costs, are unlikely to We have determined that the Monroe estimate of incremental costs for all exceed the threshold for an County HCP for Big Pine and No Name units (occupied and unoccupied) is economically significant rulemaking Keys is the only HCP or other $67,000 (2014 dollars) in a given year under [Executive Order] 12866’’ (IEc management plan that will be affected for H. aboriginum (IEc 2014, pp. 10–11). 2014, p. 13). Under Executive Order by either species’ critical habitat The entities most likely to incur 12866, agencies must assess the designation. The Monroe County HCP incremental costs are parties to section potential costs and benefits of regulatory for Big Pine and No Name Keys, which 7 consultations, including Federal covers a portion of unit FSC3, does not action agencies and, in some cases, third actions and quantify those costs and benefits if that action may have an effect include Consolea corallicola as a parties which will most frequently be ‘‘Covered Species,’’ and C. corallicola is State agencies or municipalities. on the economy of $100 million or more annually. not mentioned specifically anywhere in Activities that we expect will be subject the HCP document. Further, the critical to consultations that may involve Exclusions Based on Economic Impacts habitat designation does not include any private entities as third parties are tribal lands or trust resources. residential and commercial Our economic analysis did not Therefore, we anticipate no impact on development that may occur on private identify any disproportionate costs that tribal lands, partnerships, or other HCPs lands. However, based on coordination are likely to result from the designation. from this final critical habitat efforts with State and local agencies, the Consequently, the Secretary is not designation. Accordingly, the Secretary cost to private entities within these exercising her discretion to exclude any is not exercising her discretion to sectors is expected to be relatively areas from this designation of critical exclude any areas from this final minor (administrative costs of less than habitat for Consolea corallicola or designation based on other relevant $5,000 (occupied) or $15,000 Harrisia aboriginum based on economic impacts. (unoccupied) per consultation effort), impacts. and any costs from required A copy of the IEM and screening Required Determinations conservation measures, therefore, would analysis with supporting documents Regulatory Planning and Review not be significant. may be obtained by contacting the (Executive Orders 12866 and 13563) The probable incremental economic South Florida Ecological Services Office impacts of Harrisia aboriginum critical Executive Order (E.O.) 12866 provides (see ADDRESSES) or by downloading habitat designation are expected to be that the Office of Information and from the Internet at http:// limited to additional administrative Regulatory Affairs (OIRA) will review www.regulations.gov. effort as well as minor costs of all significant rules. The Office of conservation efforts resulting from a Exclusions Based on National Security Information and Regulatory Affairs has small number of future section 7 Impacts determined that this rule is not consultations. This estimation is due to significant. two factors: (1) Incremental economic Under section 4(b)(2) of the Act, we E.O. 13563 reaffirms the principles of impacts of critical habitat designation, consider whether there are lands owned E.O. 12866 while calling for other than administrative costs, are or managed by the Department of improvements in the nation’s regulatory unlikely; and (2) in units that are not Defense where a national security system to promote predictability, to occupied by H. aboriginum (56 percent), impact might exist. In preparing this reduce uncertainty, and to use the best, few actions are anticipated that will final rule, we have determined that no most innovative, and least burdensome result in section 7 consultation or lands within the designation of critical tools for achieving regulatory ends. The associated project modifications. habitat for Consolea corallicola or executive order directs agencies to For both species, the DEA also Harrisia aboriginum are owned or consider regulatory approaches that discusses the potential for incremental managed by the Department of Defense reduce burdens and maintain flexibility costs to occur outside of the section 7 or Department of Homeland Security, and freedom of choice for the public consultation process, including costs and, therefore, we anticipate no impact where these approaches are relevant, associated with the potential triggering on national security. Consequently, the feasible, and consistent with regulatory of additional requirements or project Secretary is not exercising her objectives. E.O. 13563 emphasizes modifications under State laws or discretion to exclude any areas from this further that regulations must be based regulations, and perceptional effects on final designation based on impacts on on the best available science and that markets. It is unlikely that the national security. the rulemaking process must allow for

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public participation and an open the rulemaking itself and, therefore, not supplies, distribution, or use. Therefore, exchange of ideas. We have developed required to evaluate the potential this action is not a significant energy this rule in a manner consistent with impacts to indirectly regulated entities. action, and no Statement of Energy these requirements. The regulatory mechanism through Effects is required. which critical habitat protections are Regulatory Flexibility Act (5 U.S.C. 601 Unfunded Mandates Reform Act (2 realized is section 7 of the Act, which et seq.) U.S.C. 1501 et seq.) requires Federal agencies, in Under the Regulatory Flexibility Act consultation with the Service, to ensure In accordance with the Unfunded (RFA; 5 U.S.C. 601 et seq.), as amended that any action authorized, funded, or Mandates Reform Act (2 U.S.C. 1501 et by the Small Business Regulatory carried by the Agency is not likely to seq.), we make the following findings: Enforcement Fairness Act of 1996 destroy or adversely modify critical (1) This rule will not produce a (SBREFA; 5 U.S.C 801 et seq.), habitat. Therefore, under section 7 only Federal mandate. In general, a Federal whenever an agency is required to Federal action agencies are directly mandate is a provision in legislation, publish a notice of rulemaking for any subject to the specific regulatory statute, or regulation that would impose proposed or final rule, it must prepare requirement (avoiding destruction and an enforceable duty upon State, local, or and make available for public comment adverse modification) imposed by tribal governments, or the private sector, a regulatory flexibility analysis that critical habitat designation. and includes both ‘‘Federal describes the effects of the rule on small Consequently, it is our position that intergovernmental mandates’’ and entities (i.e., small businesses, small only Federal action agencies will be ‘‘Federal private sector mandates.’’ organizations, and small government directly regulated by this designation. These terms are defined in 2 U.S.C. jurisdictions). However, no regulatory There is no requirement under the RFA 658(5)–(7). ‘‘Federal intergovernmental flexibility analysis is required if the to evaluate the potential impacts to mandate’’ includes a regulation that head of the agency certifies the rule will entities not directly regulated. ‘‘would impose an enforceable duty not have a significant economic impact Therefore, because no small entities are upon State, local, or tribal governments’’ on a substantial number of small directly regulated by this rulemaking, with two exceptions. It excludes ‘‘a entities. The SBREFA amended the RFA the Service certified, in the proposed condition of Federal assistance.’’ It also to require Federal agencies to provide a rule, that, if promulgated, the final excludes ‘‘a duty arising from certification statement of the factual critical habitat designation would not participation in a voluntary Federal basis for certifying that the rule will not have a significant economic impact on program,’’ unless the regulation ‘‘relates have a significant economic impact on a substantial number of small entities. to a then-existing Federal program a substantial number of small entities. During the development of this final under which $500,000,000 or more is According to the Small Business rule we reviewed and evaluated all provided annually to State, local, and Administration, small entities include information submitted during the tribal governments under entitlement small organizations such as comment period that may pertain to our authority,’’ if the provision would independent nonprofit organizations; consideration of the probable ‘‘increase the stringency of conditions of small governmental jurisdictions, incremental economic impacts of this assistance’’ or ‘‘place caps upon, or including school boards and city and critical habitat designation. Based on otherwise decrease, the Federal town governments that serve fewer than this information, we affirm our Government’s responsibility to provide 50,000 residents; and small businesses certification that this final critical funding,’’ and the State, local, or tribal (13 CFR 121.201). Small businesses habitat designation will not have a governments ‘‘lack authority’’ to adjust include manufacturing and mining significant economic impact on a accordingly. At the time of enactment, concerns with fewer than 500 substantial number of small entities, these entitlement programs were: employees, wholesale trade entities and a regulatory flexibility analysis is Medicaid; Aid to Families with with fewer than 100 employees, retail not required. Dependent Children work programs; and service businesses with less than $5 Child Nutrition; Food Stamps; Social million in annual sales, general and Energy Supply, Distribution, or Use— Services Block Grants; Vocational heavy construction businesses with less Executive Order 13211 Rehabilitation State Grants; Foster Care, than $27.5 million in annual business, Executive Order 13211 (Actions Adoption Assistance, and Independent special trade contractors doing less than Concerning Regulations That Living; Family Support Welfare $11.5 million in annual business, and Significantly Affect Energy Supply, Services; and Child Support agricultural businesses with annual Distribution, or Use) requires agencies Enforcement. ‘‘Federal private sector sales less than $750,000. To determine to prepare Statements of Energy Effects mandate’’ includes a regulation that if potential economic impacts to these when undertaking certain actions. OMB ‘‘would impose an enforceable duty small entities are significant, we has provided guidance for upon the private sector, except (i) a considered the types of activities that implementing this Executive Order that condition of Federal assistance or (ii) a might trigger regulatory impacts under outlines nine outcomes that may duty arising from participation in a this designation as well as the types of constitute ‘‘a significant adverse effect’’ voluntary Federal program.’’ project modifications that may result. In when compared to not taking the The designation of critical habitat general, the term ‘‘significant economic regulatory action under consideration. does not impose a legally binding duty impact’’ is meant to apply to a typical The economic analysis finds that none on non-Federal Government entities or small business firm’s business of these criteria are relevant to this private parties. Under the Act, the only operations. analysis. Thus, based on information in regulatory effect is that Federal agencies The Service’s current understanding the economic analysis, energy-related must ensure that their actions do not of the requirements under the RFA, as impacts associated with Consolea destroy or adversely modify critical amended, and following recent court corallicola or Harrisia aboriginum habitat under section 7. While non- decisions, is that Federal agencies are conservation activities within critical Federal entities that receive Federal required to evaluate the potential habitat are not expected. As such, the funding, assistance, or permits, or that incremental impacts of rulemaking only designation of critical habitat is not otherwise require approval or on those entities directly regulated by expected to significantly affect energy authorization from a Federal agency for

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an action, may be indirectly impacted Federalism assessment is not required. features essential to the conservation of by the designation of critical habitat, the In keeping with Department of the the species. The designated areas of legally binding duty to avoid Interior and Department of Commerce critical habitat are presented on maps, destruction or adverse modification of policy, we request information from, and the rule provides several options for critical habitat rests squarely on the and coordinated development of, this the interested public to obtain more Federal agency. Furthermore, to the critical habitat designation with detailed location information, if desired. extent that non-Federal entities are appropriate State resource agencies in Paperwork Reduction Act of 1995 indirectly impacted because they Florida. We received comments from (44 U.S.C. 3501 et seq.) receive Federal assistance or participate FDACS DPI and have addressed them in in a voluntary Federal aid program, the the Summary of Comments and This rule does not contain any new Unfunded Mandates Reform Act would Recommendations section of the rule. collections of information that require not apply, nor would critical habitat From a Federalism perspective, the approval by OMB under the Paperwork shift the costs of the large entitlement designation of critical habitat directly Reduction Act of 1995 (44 U.S.C. 3501 programs listed above onto State affects only the responsibilities of et seq.). This rule will not impose governments. Federal agencies. The Act imposes no recordkeeping or reporting requirements (2) We do not believe that this rule other duties with respect to critical on State or local governments, would significantly or uniquely affect habitat, either for States and local individuals, businesses, or small governments. The government governments, or for anyone else. As a organizations. An agency may not lands being designated as critical habitat result, the rule does not have substantial conduct or sponsor, and a person is not are owned by the Town of Longboat direct effects either on the States, or on required to respond to, a collection of Key, the State of Florida, and BLM, the relationship between the national information unless it displays a NPS, and the Service. None of these government and the States, or on the currently valid OMB control number. government entities fit the definition of distribution of powers and National Environmental Policy Act ‘‘small governmental jurisdiction.’’ responsibilities among the various (42 U.S.C. 4321 et seq.) Consequently, we do not believe that levels of government. The designation the critical habitat designation would may have some benefit to these It is our position that, outside the significantly or uniquely affect small governments because the areas that jurisdiction of the U.S. Court of Appeals government entities. As such, a Small contain the features essential to the for the Tenth Circuit, we do not need to Government Agency Plan is not conservation of the species are more prepare environmental analyses required. clearly defined, and the physical or pursuant to the National Environmental Policy Act in connection with Takings—Executive Order 12630 biological features of the habitat necessary to the conservation of the designating critical habitat under the In accordance with Executive Order species are specifically identified. This Act. We published a notice outlining 12630 (‘‘Government Actions and information does not alter where and our reasons for this determination in the Interference with Constitutionally what federally sponsored activities may Federal Register on October 25, 1983 Protected Private Property Rights’’), we occur. However, it may assist these local (48 FR 49244). This position was upheld have analyzed the potential takings governments in long-range planning by the U.S. Court of Appeals for the implications of designating critical (because these local governments no Ninth Circuit (Douglas County v. habitat for Consolea corallicola or longer have to wait for case-by-case Babbitt, 48 F.3d 1495 (9th Cir. 1995), Harrisia aboriginum in a takings section 7 consultations to occur). cert. denied 516 U.S. 1042 (1996)). implications assessment. As discussed Where State and local governments Government-to-Government above, the designation of critical habitat require approval or authorization from a Relationship With Tribes affects only Federal actions. Critical Federal agency for actions that may habitat designation does not affect affect critical habitat, consultation In accordance with the President’s landowner actions that do not require under section 7(a)(2) would be required. memorandum of April 29, 1994 Federal funding or permits, nor does it While non-Federal entities that receive (Government-to-Government Relations preclude development of habitat Federal funding, assistance, or permits, with Native American Tribal conservation programs or issuance of or that otherwise require approval or Governments; 59 FR 22951), Executive incidental take permits to permit actions authorization from a Federal agency for Order 13175 (Consultation and that do require Federal funding or an action, may be indirectly impacted Coordination With Indian Tribal permits to go forward. Due to current by the designation of critical habitat, the Governments), and the Department of public knowledge of the species legally binding duty to avoid the Interior’s manual at 512 DM 2, we protections and the prohibition against destruction or adverse modification of readily acknowledge our responsibility take of the species both within and critical habitat rests squarely on the to communicate meaningfully with outside of the designated areas, we do Federal agency. recognized Federal Tribes on a not anticipate that property values will government-to-government basis. In Civil Justice Reform—E.O. 12988 be affected by the critical habitat accordance with Secretarial Order 3206 designation. Based on the best available In accordance with E.O. 12988 (Civil of June 5, 1997 (American Indian Tribal information, the takings implications Justice Reform), the Office of the Rights, Federal-Tribal Trust assessment concludes that this Solicitor has determined that the rule Responsibilities, and the Endangered designation of critical habitat for does not unduly burden the judicial Species Act), we readily acknowledge Consolea corallicola or Harrisia system and that it meets the applicable our responsibilities to work directly aboriginum does not pose significant standards set forth in sections 3(a) and with tribes in developing programs for takings implications. 3(b)(2) of the Order. We are designating healthy ecosystems, to acknowledge that critical habitat in accordance with the tribal lands are not subject to the same Federalism—E.O. 13132 provisions of the Act. To assist the controls as Federal public lands, to In accordance with E.O. 13132 public in understanding the habitat remain sensitive to Indian culture, and (Federalism), this rule does not have needs of the species, the rule identifies to make information available to tribes. significant Federalism effects. A the elements of physical or biological As discussed above, we have

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determined that there are no tribal lands Authors PART 17—ENDANGERED AND occupied by Consolea corallicola or THREATENED WILDLIFE AND PLANTS Harrisia aboriginum at the time of The primary authors of this package listing that contain the physical or are the staff members of the South ■ 1. The authority citation for part 17 biological features essential to Florida Ecological Services Office. continues to read as follows: conservation of these species, and no List of Subjects in 50 CFR Part 17 Authority: 16 U.S.C. 1361–1407; 1531– tribal lands unoccupied by C. 1544; 4201–4245, unless otherwise noted. corallicola or H. aboriginum that are Endangered and threatened species, ■ 2. In § 17.12(h), revise the entries for essential for the conservation of the Exports, Imports, Reporting and ‘‘Consolea corallicola Cactus, Florida species. recordkeeping requirements, semaphore’’ and ‘‘Harrisia aboriginum References Cited Transportation. Prickly-apple, aboriginal’’ under Regulation Promulgation ‘‘Flowering Plants’’ in the List of A complete list of references cited in Endangered and Threatened Plants to this rulemaking is available on the Accordingly, we amend part 17, read as follows: Internet at http://www.regulations.gov subchapter B of chapter I, title 50 of the § 17.12 Endangered and threatened plants. and upon request from the South Code of Federal Regulations, as set forth Florida Ecological Services Office (see below: * * * * * FOR FURTHER INFORMATION CONTACT). (h) * * *

Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules

FLOWERING PLANTS

******* Consolea corallicola Cactus, Florida U.S.A. (FL) ...... Cactaceae ...... E 826 17.96(a) NA semaphore.

******* Harrisia aboriginum Prickly-apple, ab- U.S.A. (FL) ...... Cactaceae ...... E 826 17.96(a) NA original.

*******

■ 3. Amend § 17.96(a) by adding entries (2) Substrate with a thin layer of (3) Critical habitat does not include for ‘‘Consolea corallicola (Florida highly organic soil covering limestone manmade structures (such as buildings, semaphore cactus)’’ and ‘‘Harrisia or organic matter that accumulates on aqueducts, runways, roads, and other aboriginum (aboriginal prickly-apple)’’ top of the limestone. paved areas) and the land on which they in alphabetical order under the family (C) Buttonwood forest habitat that are located that exists within the legal Cactaceae, to read as follows: contains: boundaries on February 22, 2016. (1) Open to semi-open canopy and § 17.96 Critical habitat—plants. (4) Critical habitat map units. Data understory; and layers defining map units were (a) Flowering plants. (2) Substrate with calcareous marl developed using ESRI ArcGIS mapping * * * * * muds, calcareous sands, or limestone software along with various spatial data Family Cactaceae: Consolea corallicola rock. layers. ArcGIS was also used to (Florida semaphore cactus) (ii) A plant community of calculate area. The projection used in (1) Critical habitat units are depicted predominately native vegetation with no mapping and calculating distances and for Miami-Dade and Monroe Counties, invasive, nonnative animal or plant locations within the units was North Florida, on the maps below. species or such species in quantities low American Albers Equal Area Conic, (2) Within these areas, the primary enough to have minimal effect on NAD 83. The maps in this entry, as constituent elements of the physical or survival of Consolea corallicola. modified by any accompanying biological features essential to the (iii) A disturbance regime, due to the regulatory text, establish the boundaries conservation of Consolea corallicola are: effects of strong winds or saltwater of the critical habitat designation. The (i) Areas of upland habitats consisting inundation from storm surge or coordinates, plot points, or both on of coastal berm, rockland hammocks, infrequent tidal inundation, that creates which each map is based are available and buttonwood forest. canopy openings in coastal berm, to the public at the Service’s Internet (A) Coastal berm habitat that contains: rockland hammocks, and buttonwood site at http://www.fws.gov/verobeach/, (1) Open to semi-open canopy, forest. at http://www.regulations.gov at Docket subcanopy, and understory; and (iv) Habitats that are connected and of No. FWS–R4–ES–2014–0057, and at the (2) Substrate of coarse, calcareous, sufficient size to sustain viable field office responsible for this and storm-deposited sediment. populations in coastal berm, rockland designation. You may obtain field office (B) Rockland hammock habitat that hammocks, and buttonwood forest. location information by contacting one contains: (v) Habitats that provide populations of the Service regional offices, the (1) Canopy gaps and edges with an of the generalist pollinators that visit the addresses of which are listed at 50 CFR open to semi-open canopy, subcanopy, flowers of Consolea corallicola. 2.2. and understory; and

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(5) Index map of all critical habitat units for Consolea corallicola follows: BILLING CODE 4333–15–P

Critical Habitat for Consolea corallicola (Florida semaphore cactus) Index Map ofAll Units: Miami-Dade and Monroe Counties, Florida

Miami-Dade Monroe County County UnitFSCl

Florida Bay

UnitFSC3

Atlantic Ocean

Straits ofFlorida

0 25 50 Miles

I I I I I Florida 0 25 50Kilamddm County Boundaly ~ Coastline ~ - Critical Habitat N

(6) Unit FSC1: Swan Key, Biscayne of lands in Federal ownership, 100 Swan Key, surrounded by the island’s National Park, Miami-Dade County, percent of which are located on Swan mangrove fringe. A second, smaller area Florida. Key within Biscayne National Park. The is located on the island’s elongate (i) General Description: Unit FSC1 unit includes all upland rockland western half and is also surrounded by consists of 37 ac (15 ha) in Miami-Dade hammock habitat on Swan Key, most of mangroves. County. This unit is composed entirely which is located on the eastern side of

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(ii) Map of Unit FSC1 follows:

Critical Habitat for Consolea corallicola (Florida semaphore cactus) Unit FSCl: Swan Key, Biscayne National Park, Miami-Dade County, Florida

Little Totten Old Rhodes Key Key

Straits ofFlorida

Key

0 0.1 0.2 0.4Miles

0 0.1 0.2 0.4 Kilometers

~Coastline

- Critical Habitat

(7) Unit FSC2: Key Largo, Monroe Pennekamp Coral Reef State Park, and Ocean Reef Harbor near South Marina County, Florida. the Florida Keys Wildlife and Drive and the intersection of County (i) General Description: Unit FSC2 Environmental Area (2,331 ac (943 ha)); Road (CR) 905 and Clubhouse Road on consists of 3,434 ac (1,389 ha) in lands owned by Monroe County (17 ac the west side of CR 905, and between Monroe County. This unit is composed (7 ha)); and parcels in private or other CR 905 and Old State Road 905, then of Federal lands within Crocodile Lake ownership (384 ac (155 ha)). This unit extending to the shoreline south of National Wildlife Refuge (NWR) (702 ac extends from near the northern tip of South Harbor Drive. The unit then (284 ha)); State lands within Dagny Key Largo, along the length of Key continues on both sides of CR 905 Johnson Botanical State Park, John Largo, beginning at the south shore of through the Crocodile Lake NWR, Dagny

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Johnson Key Largo Hammock Botanical intersection of Old Road and Valencia side of U.S. 1 from the point on the State Park, and John Pennekamp Coral Road, then resumes on the east side of coast directly west of Peace Avenue Reef State Park. The unit then U.S. 1 from Hibiscus Lane and Ocean south to Caribbean Avenue. The unit terminates near the junction of U.S. 1 Drive. The unit continues south near the also includes a portion of the barrier and CR 905 and Garden Cove Drive. The Port Largo Airport from Poisonwood island (El Radabob Key) in Largo Sound unit resumes on the east side of U.S. 1 Road to Bo Peep Boulevard. The unit located directly east of Avenue A, from South Andros Road to Key Largo resumes on the west side of U.S. 1 from extending south to a point directly east Elementary; then from the intersection the intersection of South Drive and of Mahogany Drive. of Taylor Drive and Pamela Street to Meridian Avenue to Casa Court Drive. Avenue A, then from Sound Drive to the The unit then continues on the west (ii) Index map of Unit FSC2 follows:

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(iii) Map A of Unit FSC2 follows:

Critical Habitat for Consolea corallicola(Florida semaphore cactus) Map A of Unit FSC2: Key Largo, Monroe County, Florida

ca-d Sound Road

Key Largo Atlantic Ocean

0 0.75 1.5 Miles Florida I I I I I 0 0.75 1.5 Kilometers

-- MajorRoad

~Coastline a - Critical Habitat

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(iv) Map B of Unit FSC2 follows:

Critical Habitat for Consolea corallicola (Florida semaphore cactus) Map B of Unit FSC2: Key Largo, Monroe Comty, Florida

Barnes Sound

Crocodile Lake NWR

Atlantic Ocean

0 0. 75 1.5 Miles

I I I I 0 0.75 1.5 Kilometers --Road ~Coastline D - Critical Habitat N (]

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(v) Map C of Unit FSC2 follows:

Critical Habitat for Consolea corallicola (Florida semaphore cactus) Map C for Unit FSC2: Key Largo, Monroe County, Florida

Key Largo

Atlantic Ocean

0 0.75 1.5 Miles

I I I 0 0.75 1.5 Kilometers

--Road <:) 0 D ~Coastline {j a - Critical Habitat

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(vi) Map D of Unit FSC2 follows:

Critical Habitat for Consolea corallicola (Florida semaphore cactus) Map D for Unit FSC2: Key Largo. Monroe County. Florida

Key Largo

Atlantic Ocean

0 0.5 l Miles Florida I I I I I I I 0 0.5 l Kilometers

\l D -- MajorRoad 0 fl ~Coastline ~N (] - Critical Habitat

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(vii) Map E of Unit FSC2 follows:

Critical Habitat for Consolea corallicola (Florida semaphore cactus) Map E ofUnit FSC2: Key Largo, Monroe County, Florida

Atlantic Ocean

0 0.2 0.4 Miles

Florida I I I 0 0.25 0.5 Kilometers

--Road

~ Coastline

a - Critical Habitat

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(viii) Map F of Unit FSC2 follows:

Critical Habitat for Consolea corallicola (Florida semaphore cactus) Map F of Unit FSC2: Key Latgo, Monroe County, Florida

Florida Bay

Key Largo

Lime Street

Atlantic Ocean

0 0.5 1 Miles I I

I I I I I 0 0.5 I Kilometers

'V I) --Road D q ~ Coastlme D.N -Critical Habitat

(8) Unit FSC3: Big Pine Key, Monroe (172 ac (70 ha)), lands owned by Drive; Big Pine Avenue and Elma County, Florida. Monroe County (11 ac (5 ha)), and Avenues on the east, Coral and Yacht (i) General Description: Unit FSC3 parcels in private or other ownership Club Road, and U.S. 1 on the north, and consists of 772 ac (313 ha) in Monroe (81 ac (33 ha)). This unit extends from Industrial Avenue on the east from the County. This unit is composed of near the northern tip of Big Pine Key southeastern tip of Big Pine Key to Federal land within the National Key along the eastern shore to the vicinity of Avenue A. Deer Refuge (NKDR) (508 ac (205 ha)), Hellenga Drive and Watson Road; from State land managed as part of the NKDR Gulf Boulevard south to West Shore

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(ii) Index map of Unit FSC3 follows:

Critical Habitat for Consolea corallicola (Florida semaphore cactus) Index Map of Unit FSC3: Big Pine Key, Monroe County, Florida

MapA

0 1.5 3 Miles

I I I I I I I 0 1.5 3 Kilometers

--Highway ~Coastline D. N - Critical Habitat

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(iii) Map A of Unit FSC3 follows:

Critical Habitat for Consolea corallicola (Florida semaphore cactus) Map A of Unit FSC3: Big Pine Key, Monroe County, Florida

Florida Bay

0 0.5 l Miles

~ I I I I I I I 0 0.5 l Kilometers

~ --Road 4 ~Coastline ~N - Critical Habitat ¢

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(iv) Map B of Unit FSC3 follows:

Critical Habitat for Consolea corallicola (Florida semaphore cactus) Map B of Unit FSC3: Big Pine Key, Monroe County, Florida

Florida Bay

0 0.25 0.5 Miles I I I I I I

I I I I I I I I 0 0.25 0.5 Kilometers

--Road

~Coastline

- Critical Habitat

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(v) Map C of Unit FSC3 follows:

Critical Habitat for Consolea corallicola (Florida semaphore cactus) Map C of Unit FSC3: Big Pine Key, Monroe County, Florida

MahoganyLn

Florida Bay

Big Pine Key

Florida Bay

0 0.25 0.5 Miles I I I I I I

I I I I I II I I 0 0.25 0.5 Kilometers

--Road ~Coastline D. N - Critical Habitat

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(vi) Map D of Unit FSC3 follows:

Critical Habitat for Consolea coraHicola {Florida semaphore cactus) Map D of Unit FSC3: Big Pine Key. Monroe County. Florida

Coupon Bight

0 0.25 0.5 Miles I I I I

I I I I I I I 0 0.25 0.5 Kilometers

--Road

~Coastline

- Critical Habitat

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(vii) Map E of Unit FSC3 follows:

Critical Habitat for Consolea corallicola (Florida semaphore cactus) Map E ofUnit FSC3: Big Pine Key, Monroe Com.ty, Florida

Big Pine Key

Straits of Florida

0 0.15 0.3 Miles

I II I I I I I I 0 0.1 0.2 Kilometers

--Road ~Coastline D N - Critical Habitat

(9) Unit FSC4: Little Torch Key, parcels in private and other ownership areas west of Kings Cove Road, and an Monroe County, Florida. (111 ac (45 ha)). This unit extends along area comprising the southern tip of (i) General Description: Unit FSC4 State Highway 4A, from Coral Shores Little Torch Key that includes portions consists of 168 ac (68 ha) in Monroe Road, south to County Road, resuming of the John J. Pescatello Torchwood County. This unit is composed of State at Linda Street and extending south to Hammock Preserve. lands (47 ac (19 ha)), lands owned by the Overseas Highway. South of the Monroe County (10 ac (4 ha)), and Overseas Highway, the unit includes

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(ii) Index map of Unit FSC4 follows:

Critical Habitat for Consolea corallicola (Florida semaphore cactus) Index Map ofUnit FSC4: Little Torch Key, Monroe Comty, Florida

MapB

Straits ofFlorida

0 0.25 0.5 1 Miles

0 0.250.5 1 Kilometers

--Road

~Coastline - Critical Habitat ~N

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(iii) Map A of Unit FSC4 follows:

Critical Habitat for Consolea corallicola (Florida semaphore cactus) Map A of Unit FSC4: Little Torch Key, Monroe County. Florida

0 0.125 0.25 0.5 Miles I I I I

0 0.2 0.4 0.8 Kilometers

--Road

~Coastline

- Critical Habitat

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(iv) Map B of Unit FSC4 follows:

Critical Habitat for Consolea corallicola (Florida semaphore cactus) Map B ofUnit FSC4: Little Torch Key, Monroe County, Florida

0 0.1 0.2 0.4 Miles Lower Florida Keys

0 0.125 0.25 0.5 Kilometers

--Road ~Coastline D - Critical Habitat N

* * * * * biological features essential to the (1) Open to semi-open canopy and Family Cactaceae: Harrisia aboriginum conservation of Harrisia aboriginum are: understory, and (aboriginal prickly-apple) (i) Areas of upland habitats consisting (2) Substrate of sand and shell (1) Critical habitat units for Harrisia of coastal strand, coastal grassland, fragments of stabilized coastal dunes. aboriginum are depicted for Manatee, coastal berm, maritime hammocks, and (B) Coastal grassland habitat that Charlotte, Sarasota, and Lee Counties, shell mounds. Florida, on the maps below. contains: (2) Within these areas, the primary (A) Coastal strand habitat that (1) No canopy and an open constituent elements of the physical or contains: understory, and

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(2) Substrate of sand and shell enough to have minimal effect on ArcGIS mapping software along with fragments. survival of Harrisia aboriginum. various spatial data layers. ArcGIS was (C) Coastal berm habitat that contains: (iii) Canopy openings in coastal also used to calculate area. The (1) Open to semi-open canopy, strand, coastal grassland, coastal berm, projection used in mapping and subcanopy, and understory, and maritime hammock, and shell mound calculating distances and locations (2) Substrate of coarse, calcareous, habitats that are created by the effects of within the units was North American storm-deposited sediment. strong winds or saltwater inundation Albers Equal Area Conic, NAD 83. The (D) Maritime hammock habitat that from storm surge or infrequent tidal maps in this entry, as modified by any contains: inundation. (iv) Habitats that are connected and of accompanying regulatory text, establish (1) Canopy gaps and edges with an sufficient size to sustain viable the boundaries of the critical habitat open to semi-open canopy, subcanopy, populations in coastal strand, coastal designation. The coordinates or plot and understory; and grassland, coastal berm, maritime points or both on which each map is (2) Substrate of calcareous sand and hammock, and shell mound habitats. based are available to the public at the shell fragments. (v) Habitats that provide populations Service’s Internet site at http:// (E) Shell mound habitat that contains: of the generalist pollinators that visit the www.fws.gov/verobeach/, at http:// (1) Open to semi-open canopy and flowers of Harrisia aboriginum. www.regulations.gov at Docket No. understory, and (3) Critical habitat does not include FWS–R4–ES–2014–0057, and at the (2) Substrate of soil derived from manmade structures (such as buildings, field office responsible for this calcareous shells deposited by Native aqueducts, runways, roads, and other designation. You may obtain field office Americans during prehistoric times. paved areas) and the land on which they location information by contacting one (ii) A plant community of are located that exists within the legal of the Service regional offices, the predominately native vegetation with no boundaries on February 22, 2016. addresses of which are listed at 50 CFR invasive, nonnative animal or plant (4) Critical habitat map units. Unit 2.2. species or such species in quantities low maps were developed using ESRI

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(5) Index map of all critical habitat units for Harrisia aboriginum follows:

Critical Habitat for Harrisia aboriginum(Aboriginal Priddy-Apple) Index Map ofAll Units: Manatee, Sarasota, Charlotte, and Lee Counties, Florida

Manatee County

UnitAPA2

UnitAPA3

Charlotte County UnitAPA4 W? UnitAPA5 \ ~UnitAPA8 UnitAPA7 1 LeeCounty UnitAPAIO

UnitAPAll

0 10 20 Miles I I I I I I I I I I I I I I I 0 20 40 Kilometers Florida

-- County Boundary

~Coastline

- Critical Habitat

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(6) Unit APA1: Terra Ceia, Manatee Cockroach Bay State Buffer Preserve, Highway 41 extending from just south County, Florida. and the Tampa Bay Estuarine System of South Dock Street south to Snead (i) General Description: Unit APA1 (66 ac (27 ha)); Manatee County lands at Island. The unit also includes areas of consists of approximately 222 ac (90 ha) Emerson Point Preserve and parcels Harbor Key, Mariposa Key, Horseshoe in Manatee County, Florida. This unit is owned by the Manatee County Port Key, Joe Island, Skeet Key, Paradise composed of State lands within Madira Authority (70 ac (28 ha)); and parcels in Island, Ed’s Key, and Rattlesnake Key. Bickel Mound State Historical Park, private or other ownership (87 ac (35 Terra Ceia Preserve State Park, ha)). This unit includes lands west of (ii) Index map of Unit APA1 follows:

Critical Habitat for Harrisia aboriginum (Aboriginal Priddy-Apple) Index Map ofUnit APA 1: Terra Ceia, Manatee County, Florida

MapA

MapB

0 I 2Miles I I I I I I I 0 2 4 Kilometers

--Road

~Coastline

.. Critical Habitat

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(iii) Map A of Unit APA1 follows:

Critical Habitat for Harrisia aboriginum (Aboriginal Prickly-Apple) Map A of Unit APAl: Terra Ceia, Manatee County, Florida

Harbor Key

• Q

0 0.5 l Miles I I I I

I I I I I I I 0 0.5 1 Kilometers

--Road ~Coastline D N - Critical Habitat

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(iv) Map B of Unit APA1 follows:

Critical Habitat for Harrisia aboriginum (Aboriginal Prickly-Apple) Map B of Unit APAl: Terra Ceia, Manatee County, Florida

Madira Bickell Mound ~State Archeological Site

Snead Island

*

0 2 Miles

I I I I 0 l 2 Kilometers

--Road

~Coastline

- Critical Habitat

(7) Unit APA2: Longboat Key, or other ownership. This unit includes includes lands on the north side of Gulf Sarasota County, Florida. lands west of Gulf of Mexico Drive, of Mexico Drive, east of Longboat Club (i) General description: Unit APA2 extending from 0.40 mi (0.6 km) south Key Drive, on the northwest tip of consists of approximately 54 ac (22 ha) of the intersection of Bay Isles Parkway Longboat Key. in Sarasota County, Florida. This unit is and Gulf of Mexico Drive, to the composed entirely of parcels in private southern tip of Longboat Key. It also

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(ii) Map of Unit APA2 follows:

Critical Habitat for Harrisia aboriginwn {Aboriginal Prickly-Apple) Map ofUnit APA2: Longboat K.ey, Manatee and Sarasota Counties, Florida

Long boat Key

I I I I I I 0 0.5 l Kilometers

--Road

~Coastline

- Critical Habitat

(8) Unit APA3: Osprey, Sarasota within Palmer Point County Park (50 ac mi (1.9 km) along North Casey Key County, Florida. (20 ha)) and parcels in private or other Road. On the mainland, the unit (i) General Description: Unit APA3 ownership (66 ac (27 ha)). This unit includes lands bordered on the north by consists of approximately 116 ac (47 ha) extends along the barrier island (Casey Vamo Way, to the east by Highway 41, in Sarasota County, Florida. This unit is Key) from the south terminus of Blind and to the south by Palmetto Avenue. composed of Sarasota County lands Pass Road, south for approximately 1.2

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(ii) Map of Unit APA3 follows:

Critical Habitat for Harrisiaaboriginwn (Aboriginal Prickly-Apple) Map ofUnitAPA3: Osprey, Sarasota County, Florida

North Casey Key Road

0 0.35 0. 7 Miles

I I I I 0 0.35 0. 7 Kilometers

--Road

~ Coa.dliue

- Critical Habitat

(9) Unit APA4: Manasota Key, lands within Stump Pass Beach State ha)). This unit extends from Beach Road Sarasota and Charlotte Counties, Park (58 ac (23 ha)); County lands in the City of Venice, south along Florida. within Blind Pass Park, Brohard Beach Manasota Key to the barrier islands (i) General Description: Unit APA4 and Paw Park, Manasota Beach Park, southern tip, including a portion of consists of approximately 415 ac (168 Casperson Beach Park, and Service Club Peterson Island. ha) in Sarasota and Charlotte Counties, Park (111 ac (45 ha)); and parcels in Florida. This unit is composed of State private or other ownership (245 ac (99

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(ii) Index map of Unit APA4 follows:

Critical Habitat for Harrisia aboriginwn (Aboriginal Prickly-Apple) Index Map ofUnitAPA4: Manasota Key, Sarasota and Charlotte Counties, Florida

MapA

MapB Manasota Key

Gulfof Mexico Sarasota County

Charlotte County MapC

3 6 Miles

I I I I 0 3 6 Kilometers

-- County Boundary

~Coastline

- Critical Habitat

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(iii) Map A of Unit APA4 follows:

Critical Habitat for Harrisia aboriginum (Aboriginal Prickly-Apple) Map A ofUnit APA4: Manasota Key, Sarasota and Charlotte Comties, Florida

Beach Road

*

Gulf of Mexico

1 2 Miles

I I I I 1 0 l 2 Kilometers

--Road

~Coastline ~N - Critical Habitat

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(iv) Map B of Unit APA4 follows:

Critical Habitat foc Harrisia aboriginum (Aboriginal Prickly-Apple) Map B of Unit APA4: Manasota Key, Sarasota and Charlotte Cm.m.ties, Florida

Manasota Beach Road

Gulfof Mexico

0 l 2 Miles

I I I I 1 0 l 2 Kilometers

--Road

~ Coastline

- Critical Habitat

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(v) Map C of Unit APA4 follows:

Critical Habitat for Harrisia aboriginum (Aboriginal Prickly-Apple) Map C of Unit APA4: Manasota Key, Sarasota and Charlotte Counties, Florida

Gulf Of Mexico

Manasota Key

Stump Pass Beach

0 I 2 Miles

I I I 0 l 2 Kilometers

--Road

~Coastline

- Critical Habitat

(10) Unit APA5: Charlotte Harbor, entirely of State lands within the Harbor, south of the City of Charlotte Charlotte County, Florida. Charlotte Harbor Preserve State Park. Park. (i) General Description: Unit APA5 This unit includes the Big Mound, consists of 51 ac (21 ha) in Charlotte Boggess Ridge, and a shell mound County, Florida. This unit is composed located on the east side of Charlotte

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(ii) Map of Unit APA5 follows:

Critical Habitat for Harrisia aboriginwn (Aboriginal Prickly-Apple) Map ofUnitAPA5: Charlotte Harbor, Charlotte County, Florida

Charlotte Harbor Preserve State Park

0.5 l Miles

I I I I I I 0 0.5 l Kilometers

--Road

~Coastline • Critical Habitat

(11) Unit APA6: Gasparilla North, ownership (77 ac (31 ha)). This unit Street, including the small island Charlotte and Lee Counties, Florida. includes most of Kitchen Key (Live Oak separated from Gasparilla Island by a (i) General Description: Unit APA6 Key) and the area east of Gasparilla canal; and from 22nd Street to 20th consists of approximately 98 ac (40 ha) Road, from the intersection of Grouper Street. in Charlotte and Lee Counties, Florida. Hole Road and Grouper Hole Court, This unit is composed of State land south to 0.15 mi (0.24 km) north of Snail (0.006 ac (0.02 ha)), county land (22 ac Island Court, from approximately 0.10 (9 ha)), and parcels in private or other mi (0.21 km) south of 35th Street to 23rd

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(ii) Map of Unit APA6 follows:

Critical Habitat for Harrisia aboriginum (Aboriginal Prickly-Apple) of Unit North, Charlotte and Lee Counties, Florida

Gasparilla Charlotte County Island County Boundary

Lee County

Gulf of Mexico

0 0.5 I Miles

I I I I I I I 0 0.5 I Kilometers

--Road ~ Coastline D.N - Critical Habitat

(12) Unit APA7: Gasparilla South, Lee Service and Bureau of Land includes lands located from south of 1st County, Florida. Management (3 ac (1 ha)), State lands Street to the southern tip of Gasparilla (i) General Description: Unit APA7 within Gasparilla Island State Park (69 Island. consists of approximately 92 ac (37 ha) ac (28 ha)), Lee County lands (12 ac (5 in Lee County, Florida. This unit is ha), and parcels in private or other composed of Federal land owned by the ownership (8 ac (3 ha)). This unit

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(ii) Map of Unit APA7 follows:

Critical Habitat for Htm'isia aboriginum (Aboriginal Prickly-Apple) Map ofUnitAPA 7: Gasparilla South, Lee County. Florida

Gasparilla Island

Gulf of Mexico

0 0.4 0.8 Miles

I I I I 0 0.4 0.8 Kilometers

--Road

~Coastline

- Critical Habitat

(13) Unit APA8: Cayo Pelau, Lee This unit is composed of Lee County south of the northern tip of Cayo Pelau, County, Florida. lands within Cayo Pelau Preserve, and extending south to the southeastern tip (i) General Description: Unit APA8 parcels in private or other ownership of Cayo Pelau. consists of approximately 25 ac (10 ha) (0.6 ac (0.2 ha)). This unit includes in Charlotte and Lee Counties, Florida. lands located from 0.13 mi (0.21 km)

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(ii) Map of Unit APA8 follows:

Critical Habitat for Harrisia aboriginwn (Aboriginal Prickly-Apple) Map of Unit APA 8: Cayo Pelau, Charlotte and Lee Counties, Florida.

Charlotte County

"'County Boundary

Lee County

0 0.25 0.5 Miles

I I I I 0 0.25 0.5 Kilometers

-- County Boundmy

~ Coastline

- Critical Habitat

(14) Unit APA9: Cayo Costa, Lee composed of State lands within Cayo includes lands located from the County, Florida. Costa State Park (1,379 ac (558 ha)), northern tip to the southern tip of Cayo (i) General Description: Unit APA9 lands owned by Lee County (94 ac (38 Costa. consists of approximately 1,702 ac (689 ha)), and parcels in private or other ha) in Lee County, Florida. This unit is ownership (230 ac (93 ha)). This unit

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(ii) Map of Unit APA9 follows:

Critical Habitat for Harrisia aboriginum (Aboriginal Prickly-Apple) Map ofUnit APA9: Cayo Costa, Lee Comty. Florida

Cayo Costa ----..J,..

Gulf of Mexico

0 l.5 3 Miles

I I I I I I 0 1.5 3 Kilometers

~Coastline

- Critical Habitat

(15) Unit APA10: Bocilla, Lee County, the Bocilla Preserve (32 ac (13 ha)) and Ebbtide Way, extending south and west Florida. parcels in private or other ownership to the northwestern and southeastern (i) General Description: Unit APA10 (0.7 ac (0.3 ha)). This unit includes corners of Bokeelia Island. consists of approximately 33 ac (13 ha) lands located on the undeveloped in Lee County, Florida. This unit is portion of Bokeelia Island from 0.02 mi composed of Lee County lands within (0.03 km) west of the terminus of

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(ii) Map of Unit APA10 follows:

Critical Habitat for Harrisia aboriginum (Aboriginal Prickly-Apple) Map ofUnitAPAlO: Bocilla, Lee County, Florida

Bokeelia Island

~0 Q

0.25 0.5 Miles

I I I I I I 0 0.25 0.5 Kilometers

--Road

~Coastline

- Critical Habitat

(16) Unit APA11: Sanibel Island and Darling National Wildlife Refuge (NWR) Bowman’s Beach, from just south of Buck Key, Lee County, Florida. (373 ac (151 ha)), State lands (47 ac (19 Silver Key to the western terminus of (i) General Description: Unit APA11 ha)), lands owned by Lee County (90 ac Water’s Edge Lane; uplands within J.N. consists of approximately 635 ac (257 (36 ha)), and parcels in private or other ‘Ding’ Darling NWR; and a shell mound ha) in Lee County, Florida. This unit is ownership (126 ac (51 ha)). This unit located near the northern terminus of composed of Federal lands owned by includes lands on Buck Key, Runyan Tarpon Bay Road. the Bureau of Land Management, and Key, and Sanibel Island. On Sanibel Service lands within the J.N. ‘Ding’ Island, the unit includes a portion of

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(ii) Index map of Unit APA11 follows:

Critical Habitat for Harrisia aboriginum(Aboriginal Prickly-Apple) Index Map of Unit APA 11: Sanibel-Buck, Lee County, Florida

* MapA

MapB

MapC

0 l 2 Miles I I I I I I

I I I I 0 1 2 Kilometers

~Coastline ~ - Critical Habitat N

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(iii) Map A of Unit APA11 follows:

Critical Habitat for Harrisia aboriginum (Aboriginal Prickly-Apple) Map A ofUnit APA 11: Sanibel-Buck, Lee County, Florida

Buck Key

Sanibel Island

Runyan Key

0 0.5 l Miles

I I I I I I I 0 0.5 l Kilometers

~Coastline

- Critical Habitat

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(iv) Map B of Unit APA11 follows:

Critical Habitat for Harrisia aborigimun (Aboriginal Prickly-Apple) Map B of Unit APAll: Sanibel-Buck, Lee County, Florida

Bowman's Beach

Water's Edge Lane

0 0.5 l Miles I I I I

I I I I I I I 0 0.5 l Kilometers

--Road

~Coastline

- Critical Habitat

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(v) Map C of Unit APA11 follows:

Critical Habitat for Harrisia aboriginum (Aborigin.al Prickly-Apple) Map C ofUnitAPAU: Sanibel-Suck, Lee County~ Florida

0 0.1 0.2 Miles

I I I I 0 O.l 0.2 Kilometers

---Road ~Coastline D. - Critical Habitat N

* * * * * Dated: January 6, 2016. Karen Hyun, Acting Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2016–01141 Filed 1–21–16; 8:45 am] BILLING CODE 4333–15–C

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