Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations 52567

* * * * * Executive Summary 34270), we solicited expert opinion [FR Doc. 2014–20915 Filed 9–3–14; 8:45 am] Why we need to publish a rule. Under from six knowledgeable individuals BILLING CODE 6560–50–P the Act, a species may warrant with scientific expertise that included protection through listing if we find that familiarity with Brickellia mosieri and it is an endangered or threatened Linum carteri var. carteri and/or their DEPARTMENT OF THE INTERIOR species throughout all or a significant , biological needs, and threats; portion of its range. Listing a species as the geographical region of South Fish and Wildlife Service endangered or threatened can only be in which these occur; and completed by issuing a rule. We will conservation biology principles. We 50 CFR Part 17 also be finalizing the designation of received responses from all six of the [Docket No. FWS–R4–ES–2013–0033; critical habitat for Brickellia mosieri and peer reviewers we contacted. 4500030113] Linum carteri var. carteri under the Act We reviewed all comments received from the peer reviewers for substantive RIN 1018–AZ15 in the near future. This rule will finalize the listing of issues and new information regarding the listing of Brickellia mosieri and Endangered and Threatened Wildlife Brickellia mosieri and Linum carteri var. carteri as . Linum carteri var. carteri. The peer and Plants; Endangered Species reviewers generally concurred with our Status for Brickellia mosieri (Florida The basis for our action. Under the Act, we may determine that a species is methods and conclusions, and provided Brickell-bush) and Linum carteri var. additional information, clarifications, carteri (Carter’s Small-flowered Flax) an endangered or threatened species based on any of five factors: (A) The and suggestions to improve the final AGENCY: Fish and Wildlife Service, present or threatened destruction, listing rule. Peer reviewer comments are Interior. modification, or curtailment of its addressed in the following summary ACTION: Final rule. habitat or range; (B) overutilization for and incorporated into the final rule as commercial, recreational, scientific, or appropriate. SUMMARY: We, the U.S. Fish and educational purposes; (C) disease or (1) Comment: One peer reviewer Wildlife Service (Service), determine predation; (D) the inadequacy of commented on the lack of discussion endangered species status under the existing regulatory mechanisms; or (E) related to the threat of herbivory from Endangered Species Act of 1973 (Act), other natural or manmade factors invertebrates, both native and as amended, for Brickellia mosieri affecting its continued existence. We nonnative, and noted that Brickellia (Florida brickell-bush) and Linum have determined that Brickellia mosieri cordifolia, a north Florida species, carteri var. carteri (Carter’s small- and Linum carteri var. carteri meet the experiences considerable damage on an flowered flax), two plants from Miami- definition of an endangered species annual basis from a not-yet-identified, Dade County, Florida. The effect of this based on Factors A, D, and E. leaf-boring-type arthropod. The regulation will be to add these plants to Peer review and public comment. We reviewer also noted the possible threat the List of Endangered and Threatened sought comments from six independent of unnaturally high herbivory from deer, Plants. specialists to ensure that our action is rabbits, and other vertebrates, as well as DATES: This rule becomes effective based on scientifically sound data, threats associated with feral hogs, both October 6, 2014. assumptions, and analyses. We invited of which he stated are threats throughout most of Florida. ADDRESSES: This final rule is available these peer reviewers to comment on our listing proposal. We also considered all Our Response: We appreciate the on the internet at http:// information provided; however, www.regulations.gov and at http:// other comments and information received during the comment period. biologists monitoring Brickellia mosieri www.fws.gov/verobeach/. Comments in Miami-Dade County have not and materials we received, as well as Previous Federal Action observed any significant damage to the supporting documentation we used in species from invertebrates or preparing this rule, are available for Please refer to the proposed listing rule for Brickellia mosieri and Linum vertebrates, native or nonnative. In public inspection at http:// addition, another peer reviewer noted www.regulations.gov. All of the carteri var. carteri (78 FR 61273; October 3, 2013) for a detailed that deer no longer occur in the areas comments, materials, and where these plants exist, and rabbits documentation that we considered in description of previous Federal actions concerning these plants. occur only sparingly, and not in all this rulemaking are available by areas. Based on the information appointment, during normal business Summary of Comments and available at this time, the Service does hours at: U.S. Fish and Wildlife Service, Recommendations believe that predation poses a threat to South Florida Ecological Services In the proposed rule published on Brickellia mosieri. Office, 1339 20th Street, Vero Beach, FL October 2, 2013 (78 FR 61273), we (2) Comment: One peer reviewer 32960; telephone 772–562–3909; requested that all interested parties noted that two specimens of Brickellia facsimile 772–562–4288. submit written comments on the mosieri (filed as B. eupatorioides and FOR FURTHER INFORMATION CONTACT: proposal by December 2, 2013. We also annotated by K.A. Bradley as B. Craig Aubrey, Field Supervisor, U.S. contacted appropriate Federal and State eupatorioides var. floridana) in the Fish and Wildlife Service, South Florida agencies, scientific experts and collection at the Fairchild Tropical Ecological Services Office, 1339 20th organizations, and other interested Botanic Garden Herbarium indicate that Street, Vero Beach, FL 32960, by parties and invited them to comment on the historical range of this species telephone 772–562–3909, or by the proposal. Newspaper notices probably extended north of South facsimile 772–562–4288. Persons who inviting general public comment were Miami. Based on these specimens, the use a telecommunications device for the published in the Miami Herald. reviewer stated that the historical range deaf (TDD) may call the Federal is better characterized as extending from Information Relay Service (FIRS) at Peer Reviewer Comments approximately Coconut Grove to Florida 800–877–8339. In accordance with our peer review City, while allowing that these SUPPLEMENTARY INFORMATION: policy published on July 1, 1994 (59 FR observations may have been included

VerDate Mar<15>2010 16:31 Sep 03, 2014 Jkt 232001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\04SER1.SGM 04SER1 mstockstill on DSK4VPTVN1PROD with RULES 52568 Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations

with those described as not giving Dade County), and the Rockdale of Engineers. However, we agree with accurate or precise location information Pineland Addition (approximately 21 the peer reviewer and would encourage under ‘‘Historical Range’’ in the acres, owned and managed by Miami- and support such a survey being proposed rule. Dade County). Rockdale Pineland conducted. The Richmond Pinelands Our Response: We appreciate the Addition surrounds Rockdale Pineland, Complex represents the largest information provided. The Service was like a buffer. The Linum carteri var. remaining group of contiguous aware of one of these samples (by carteri occurrence is within this fragments of pine rockland habitat Buswell in 1947 from a pineland south ‘‘buffer,’’ along the edges of the outside of Everglades National Park of Coral Gables), which was referenced abandoned FEC Railroad tracks, (ENP), and the Service hopes to by Bradley and Gann (1999, p. 16), and adjacent to pine rockland habitat. cooperatively engage all landowners, incorporated into their approximation of (5) Comment: One peer reviewer including Federal agencies, to survey, historical range (South Miami is less noted an apparent discrepancy between manage, and conserve this area. than 3.2 km (2.0 mi) southwest of Coral the occupancy of Brickellia mosieri on (8) Comment: One peer reviewer Cables). However, we were not aware of Federal lands (U.S. Coast Guard (USCG) specifically supported our rationale for the second sample (by Small in 1912 and National Oceanic Atmospheric the proposed listing determination, from pinelands near Coconut Grove). Association (NOAA) lands in the which focused on a more qualitative Based on this new information, we agree Richmond Pinelands), as described in assessment of threats, rather than some that the northern extent of the historical Table 1 and in the Federal section under form of population viability analysis, range is more appropriately the discussion of Factor D, The due to limited data available, especially characterized as Coconut Grove. We Inadequacy of Existing Regulatory in relation to population response to have incorporated the revised text and Mechanisms, in the proposed rule (78 stochastic events and long-term related changes (i.e., calculations of FR 61273; October 3, 2013). disturbances. The reviewer also noted range contraction) in the Background Our Response: The discrepancy was that guidelines developed for medium- and Determination sections in this final related to the difference between how to-large size animals do not work well rule. Brickellia mosieri occurrences were for herbaceous plants, which could have Comment: One peer reviewer noted reported in Table 1 (i.e., specific to 1,000 individuals concentrated in a that an understanding of these plants’ managed area and owner) versus how single site, making the species reproductive biology, especially their we evaluated whether an area was vulnerable to a single event of human or floral biology, pollination, and breeding considered occupied (i.e., described at natural origin. systems, is especially critical to helping the habitat patch level). We considered Our Response: We agree, and thank them recover more robust numbers. A contiguous pine rockland habitat to be the reviewer for this comment. second peer reviewer had a similar the same habitat patch, regardless of comment regarding the need for where ownership boundaries were Comments From States additional study related to seed located within it. A habitat patch was The two plants occur only in Florida. dispersal, pollinator mechanisms, and considered occupied if the species We received no comments from the augmentation and reintroduction occurs within its boundaries, although State of Florida regarding the listing studies. The first reviewer noted that the the species may not have been observed proposal. We note, however, that one effects of habitat conditions on the throughout the entire patch. Thus, peer reviewer was from the Florida reproductive allocation of both plants NOAA and some USCG lands are Forest Service, Florida Department of has not yet been quantified, and that considered occupied by Brickellia Agriculture and Consumer Services; individuals in smaller, more isolated, mosieri because an extant population those comments are addressed above. and/or degraded pine rockland habitat occurs within the same habitat patches fragments have lower reproductive rates (Martinez Pineland and University of Public Comments than counterparts in larger, more well- Miami, respectively). That said, we have During the first comment period, we maintained pine rockland sites, leading revised the language in the discussion of received two public comment letters to the likely loss of genetic diversity Federal regulations under Factor D in directly addressing the proposed listing. represented in those low-quality sites the Summary of Factors Affecting the Both commenters suggested technical over time. Species section to explain this corrections to sections of the proposed Our Response: We agree and had distinction. rule pertaining to the Background and incorporated similar statements in our (6) Comment: One peer reviewer Summary of Factors Affecting the discussion of and noted that Lygodium microphyllum (Old Species, related to scientific names, Effects of Small Population Size and World climbing fern) is not likely a species biology, and citations, to Isolation (under Factors A and E, threat to Brickellia mosieri and Linum include additional information and respectively, in the Summary of Factors carteri var. carteri as it primarily correct minor errors. We did not receive Affecting the Species section) in the occupies wetland , and is not any requests for a public hearing, nor proposed listing rule. known to invade pine rockland habitat. did we receive any comments on the (4) Comment: One peer reviewer Our Response: We agree and have listing rule during the second comment requested further identification of the removed this language from our period. The comments are appreciated area identified as ‘‘Rockdale Pineland discussion of nonnative plants under and have been incorporated into the Addition’’ in Table 2 of the proposed Factor E in the Summary of Factors appropriate sections of the final rule. rule (78 FR 61273; October 3, 2013). Affecting the Species section. The remaining comments we received Our Response: According to the (7) Comment: One peer reviewer are grouped below into two general Florida Natural Area Inventory’s (FNAI) stated that the U.S. General Services issues. Florida Conservation Lands data layer Administration property within the (September 2013 version), the area Richmond Pinelands Complex should Issue 1: Habitat known as Rockdale Pineland consists of be more thoroughly surveyed for both (9) Comment: One commenter noted two parcels: Rockdale Pineland plants, especially Brickellia mosieri. that the sandhill community does not (approximately 26 acres, owned by the Our Response: The lands referenced occur in Miami-Dade County (per FNAI State of Florida and managed by Miami- are now owned by the U.S. Army Corps 2010), and suggests that mesic flatwoods

VerDate Mar<15>2010 16:31 Sep 03, 2014 Jkt 232001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\04SER1.SGM 04SER1 mstockstill on DSK4VPTVN1PROD with RULES Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations 52569

would be a more appropriate installation of fencing. This commenter Lygodium microphyllum, since this description of an intergrade community also stated that habitat succession has is unlikely to pose a threat to pine with pine rocklands on the northern increased since mountain bikers have rockland species due to its strong Miami Rock Ridge. been fenced out, which has not association with wetter habitats. Our Response: We thank the reviewer benefited habitat for Linum carteri var. (10) We revised and included for this comment, and acknowledge that carteri. additional information on the threat of there is an apparent discrepancy Our Response: We appreciate the mountain biking and habitat conditions between the described pine rockland- information provided and have at R. Hardy Matheson Preserve. sandhill community association on the incorporated it into the Summary of (11) We revised a sentence regarding northern Miami Rock Ridge (per Snyder Factors Affecting the Species section. IRC’s Brickellia mosieri reintroduction et al. 1990, p. 257, as well as FNAI 2010, site, replacing ‘‘George and Avery Summary of Changes From the p. 63) and the described extent of Pineland’’ with ‘‘one private site.’’ sandhill within Florida (does not extend Proposed Rule into Miami-Dade County; FNAI 2010, p. Based on information we received in Background 40). Based on review of the FNAI peer review and public comments, we Brickellia mosieri community descriptions, we agree that made the following changes: the classification of mesic flatwoods In the Background section: Please refer to the proposed listing most accurately describes the (1) We made the following five rule (78 FR 61273; October 3, 2013) for community into which pine rockland changes to scientific names: Revised the the description of Brickellia mosieri, its merges in northern Miami-Dade County, names of three plants to reflect the , and its suitable climate. and have incorporated this information accepted taxonomy per the Integrated Below we present updated summaries of in the Background section. Taxonomic Information System (ITIS), information in the proposed rule, and (10) Comment: One commenter noted added a subspecies designation and new information based on peer review that, in our discussion of natural forest corrected the common name of one and public comment, related to its communities (NFCs) in Miami-Dade plant to represent the intended pine habitat, historical and current range, County (in the Local section under the rockland subspecies, and deleted one population estimates, demographics, discussion of Factor D, The Inadequacy plant from the vegetation list to prevent reproduction, and genetics. of Existing Regulatory Mechanisms of potential taxonomic confusion. Habitat the proposed rule (78 FR 61273; October (2) We corrected one citation (Bradley 3, 2013)), tropical hardwood hammocks and Gann 1999), which was missing a Brickellia mosieri grows exclusively include rockland hammocks. digit in the year. in pine rocklands on the Miami Rock Our Response: We agree. In this (3) We revised the description of pine Ridge in Miami-Dade County outside instance, we used the term ‘‘tropical rockland’s natural community the boundaries of ENP. This area hardwood hammock’’ in keeping with associations on the northern Miami extends from the ENP boundary, near the terminology used on Miami-Dade Rock Ridge, changing the association the park entrance road, northeast County environmental Web sites to with sandhill to an association with approximately 72 kilometers (km) (45 describe this type of habitat within mesic flatwoods. miles (mi)) to the ridge’s end near North NFCs and Environmentally Endangered (4) We revised the historical range of Miami. Habitat conditions more specific Lands. Because of this, and because Brickellia mosieri, extending the to this area are highlighted below. The pine rocklands are the focus of the northern extent from ‘‘South Miami’’ to pine rocklands are a unique discussion, we believe it is suitable to ‘‘approximately Coconut Grove’’, to found on limestone substrates in three retain the existing wording in this reflect new information regarding areas in Florida—the Miami Rock Ridge, section. herbarium samples. Related to this in the Florida Keys, and in the Big change, we revised our calculations of Cypress Swamp. The pine rocklands Issue 2: Threats the contraction of historical range, from differ to some degree between and (11) Comment: One commenter stated more than 13 percent to more than 30 within these areas with regard to that Pine Shore Pineland Preserve percent. substrate (e.g., amount of exposed burned in a on April 8, 2013, (5) We included additional limestone, type of soil), elevation, resulting in improved habitat information on the flowering response hydrology, and species composition conditions. Because of this, and in of Brickellia mosieri to fire. (both plant and animal). The substrate, relation to this commenter’s previous In the Summary of Factors Affecting elevation, and hydrology of pine cited personal communication (in the the Species section: rocklands on the Miami Rock Ridge proposed rule (78 FR 61273; October 3, (6) We deleted a sentence related to outside of ENP are discussed in detail 2013)), the commenter believes that this the habitat condition and status of in the proposed listing rule for B. population of Brickellia mosieri is no Brickellia mosieri on Pine Shore mosieri and Linum carteri var. carteri longer the most endangered. Pineland Preserve, as it was no longer (78 FR 61273; October 3, 2013), while Our Response: We appreciate the applicable. the species composition of this area is information provided and have removed (7) We revised wording related to the discussed below. the subject sentence related to the occurrence of Brickellia mosieri in the Pine rockland is characterized by an habitat condition and status of Brickellia Richmond Pinelands and specifically on open canopy of South Florida slash pine mosieri on Pine Shore Pineland Preserve lands managed by USCG and NOAA. ( var. densa). Subcanopy from the Summary of Factors Affecting (8) We made the following changes to development is rare in well-maintained the Species section. two scientific names: Revised the name pine rocklands, with only occasional (12) Comment: One commenter of one plant to reflect the accepted hardwoods, such as Lysiloma indicated that the threat of mountain taxonomy per ITIS, and changed the latisiliquum (wild tamarind) and biking at R. Hardy Matheson Preserve name of one plant in two places to Quercus virginiana (live oak) growing to has been mitigated (as opposed to correct a typographical error. tree size in Miami Rock Ridge pinelands remedied, as stated in the proposed rule (9) We removed a sentence (Snyder et al. 1990, p. 253). The shrub/ (78 FR 61273; October 3, 2013)) by the referencing the potential future threat of understory layer is a diverse mix of

VerDate Mar<15>2010 16:31 Sep 03, 2014 Jkt 232001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\04SER1.SGM 04SER1 mstockstill on DSK4VPTVN1PROD with RULES 52570 Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations

species including both temperate and adhaerens (wedge sandmat), Current Range, Population Estimates, tropical shrubs and palms. Dominant Chamaesyce deltoidea ssp. pinetorum and Status plants in the shrub layer of pine (pineland sandmat), smallii Brickellia mosieri is currently rocklands vary based on elevation, (Small’s milkpea), Polygala smallii (tiny distributed from central and southern substrate, and nearby associated natural polygala), and Argythamnia blodgettii Miami-Dade County from SW 120 St. communities. The pine rocklands where (Blodgett’s silverbush) (Bradley and (latitude ca. 25 degrees (°) 39.4 minutes Brickellia mosieri occurs are Gann 1999, p. 12). (′)N) to Florida City (latitude ca. 25° characterized by an open shrub canopy Pine rockland occurs in a mosaic with 26.0′N) (Bradley and Gann 1999, p. 11), of Serenoa repens (saw palmetto), primarily two other natural community suggesting its historical range has Myrica cerifera (wax myrtle), Metopium types—rockland hammock and marl contracted at least 13.6 km (8.5 mi), or toxiferum (poisonwood), and prairie. Pine rockland grades into more than 30 percent. A detailed Sideroxylon salicifolium (willow bustic) rockland hammock; pine rockland has account of B. mosieri occurrences and as well as species with more restricted an open pine canopy, and rockland population status were provided in the distribution within pine rocklands hammock has a closed, hardwood proposed listing rule (78 FR 61273) including Sideroxylon reclinatum ssp. canopy. Pine rockland is a fire- published in the Federal Register on austrofloridense (Everglades bully), maintained ecosystem—a well- October 2, 2013. Callicarpa americana (beauty berry), maintained pine rockland is a savanna- Dodonaea angustifolia (varnish leaf), like forest, but, in the absence of fire, it Demographic, Reproductive Biology, and Ilex cassine (dahoon holly) (Snyder will eventually succeed into rockland and Population Genetics et al. 1990, p. 254; Bradley and Gann hammock. The functional relationship Little research has been done into the 1999, p. 12). The shrub layer in and response of pine rocklands and demography, reproductive biology, or pinelands occurring in the northern end Brickellia mosieri to fire and other genetics of Brickellia mosieri. Field of the Miami Rock Ridge more closely natural disturbances are discussed in observations indicate that the species resembles pine flatwoods as a result of detail in the proposed listing rule for B. does not usually occur in great the amount of sandy soils in this area, mosieri and Linum carteri var. carteri abundance—populations are typically with species such as Lyonia fruticosa (78 FR 61273; October 3, 2013). sparse and contain a low density of (staggerbush), Quercus minima (dwarf Pine rockland on the Miami Rock plants even in well-maintained pine live oak), Quercus pumila (running oak), Ridge can also occur within lower, rockland habitat (Bradley and Gann and Vaccinium myrsinites (shiny seasonally flooded marl prairies, which 1999, p. 12). Reproduction is sexual blueberry) becoming more common differ from pine rockland in having no (Bradley and Gann 1999, p. 12). While (Snyder et al. 1990, p. 255). The height pines, an understory dominated by specific pollinators or dispersers are grasses and sedges, and a minimal cover and density of the shrub layer vary unknown, flower morphology suggests of shrubs (FNAI 2010, p. 63). Where based on fire frequency, with understory this species may be pollinated by pine rockland occurs close to the ocean, plants growing taller and more dense as butterflies, bees, or both (Koptur 2013, it may be bordered by mangrove swamp time since fire increases. pers. comm.); wind is one likely or salt marsh and can receive flooding dispersal vector (Gann 2013b, pers. Pine rocklands in all three areas of by extremely high tides (FNAI 2010, p. Florida contain a richly diverse comm.). Flowering takes place primarily 63). Pine rocklands on the northern in the fall (August–October) (Bradley herbaceous layer, including a large Miami Rock Ridge grade into scrub and number of rare and endemic species, and Gann 1999, p. 12). Off-season mesic flatwoods vegetation where the flowering is usually the result of fire, such as Brickellia mosieri. The diversity three communities intermix in areas of the herbaceous layer decreases as the and B. mosieri will flower within 1 to with deep sands and rock outcrops 2 months following a fire, regardless of density of the shrub layer increases (i.e., (Snyder et al. 1990, p. 257; Gann 2014, the time of year (Possley 2013 pers. as understory openness decreases), and pers. comm.). comm.). pine rockland on the mainland has a more diverse herbaceous layer, due to Historical Range Linum carteri var. carteri the presence of temperate species and Brickellia mosieri is endemic to the Please refer to the proposed listing some tropical species that do not occur pine rocklands of the Miami Rock Ridge rule (78 FR 61273; October 3, 2013) for in the Florida Keys (FNAI 2010, p. 63). in Miami-Dade County. It was a detailed discussion of Linum carteri The herbaceous layer can range from historically known from central and var. carteri’s taxonomy, suitable climate, mostly continuous in areas with more southern Miami-Dade County from habitat, historical and current range, soil development and little exposed approximately Coconut Grove to Florida population estimates, demographics, limestone, to sparse where much of the City, a range of approximately 45.0 km reproduction, and genetics. Below we limestone is at the surface. Most (28.0 mi), along the Miami Rock Ridge provide an updated summary of herbaceous species in pine rocklands (based on data in Bradley and Gann information in the proposed rule, and are perennials (Snyder et al. 1990, p. 1999, p. 11, and Fairchild Tropical new information based on peer review 257). Common herbaceous associates of Botanic Garden Virtual Herbarium 2014, and public comment, related to the B. mosieri in the Miami Rock Ridge pine page numbers not applicable). However, description of the plant. rocklands include Schizachyrium Bradley and Gann (1999, p. 11) state sanguineum (crimson bluestem), that herbarium specimens have not been Description Schizachyrium gracile (wire bluestem), studied from the New York Botanical Linum carteri var. carteri (Family: Symphyotrichum adnatum (scaleleaf Garden, so the full extent of its Linaceae) is an annual or short-lived aster), and Acalypha chamaedrifolia historical range is unknown. Some perennial herb endemic to Miami-Dade (bastard copperleaf) (Bradley and Gann available herbarium specimens and County, where it grows in pine 1999, p. 12). B. mosieri may also be other records for this plant (Bradley and rocklands, particularly in disturbed pine found in close association with several Gann 1999, p. 16; Wunderlin and rocklands (Bradley and Gann 1999, p. other rare plants, including Chamaesyce Hansen 2008, page numbers not 70). Its stem is erect, 230–360 deltoidea ssp. deltoidea (deltoid applicable) do not give precise or millimeters (mm) (9.0–14.2 inches (in)) spurge), Chamaesyce deltoidea ssp. accurate location information. tall, commonly branched near the base,

VerDate Mar<15>2010 16:31 Sep 03, 2014 Jkt 232001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\04SER1.SGM 04SER1 mstockstill on DSK4VPTVN1PROD with RULES Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations 52571

and puberulent (covered with minute carteri (78 FR 61273; October 3, 2013) Nonprofit organizations, such as the hairs). Its leaves are slender (18–26 mm and revised information above). Specific Institute for Regional Conservation (IRC) (0.7–1.0 in) long and 0.8–1.2 mm (0.03– threats to these plants included in this have similar difficulties in conducting 0.05 in) wide), entire, alternate, and factor include habitat loss, prescribed burns due to difficulties with closely overlap at the base of the plant. fragmentation, and modification caused permitting and obtaining the necessary This variety has stipules (pair of by development (i.e., conversion to both permissions as well as hazard insurance appendages at the base of the petiole, urban and agricultural land uses) and limitations (Gann 2013a, pers. comm.). which is the stalk by which a leaf is inadequate fire management. Human Few private landowners have the means attached to a stem) with paired dark population growth and development and/or desire to implement prescribed glands. Its inflorescence (cluster of and habitat fragmentation and their fire on their property, and doing so in flowers arranged on a branching stem) is specific effects on these plants are a fragmented urban environment is an ascending or spreading cyme discussed in the proposed listing rule logistically difficult and may be costly. (usually flat-topped or convex flower for B. mosieri and L. c. var. carteri (78 One of the few privately owned pine cluster in which the main axis and each FR 61273; October 3, 2013), while fire rocklands that is successfully managed branch end in a flower that opens before management is summarized below. with prescribed burning is Pine Ridge the flowers below or to the side of it), Fire Management Sanctuary, located in a more with yellow petals that are broadly agricultural (less urban) matrix in the obovate (egg-shaped), 9–17 mm (0.35– One of the primary threats to both of southwestern portion of Brickellia 0.67 in) long, and quickly deciduous. these plants is habitat modification and mosieri’s current range; it was last The fruit is straw-colored, ovoid, 4.1– degradation through inadequate fire burned in November 2010 (Glancy 2013, 4.6 mm (0.16–0.18 in) long, 3.4–3.7 mm management, which includes both the pers. comm.). (0.13–0.15 in) in diameter, and dehisces lack of prescribed fire and suppression (opens spontaneously at defined places) of natural fires. Where the term ‘‘fire- Conservation Efforts To Reduce the into five two-seeded segments; seeds are suppressed’’ is used below and in the Present or Threatened Destruction, narrowly ovoid-elliptic, 2.3–2.8 mm proposed rule, it describes degraded Modification, or Curtailment of Habitat (0.09–0.11 in) long, 1.0–1.3 mm (0.04– pine rockland conditions resulting from or Range 0.05 in) wide. In habit and flower, the a lack of adequate fire (natural or These are discussed in detail in the plant closely resembles Piriqueta prescribed) in the landscape. The effects proposed listing rule for Brickellia cistoides ssp. caroliniana (pitted of fire suppression on pine rocklands, mosieri and Linum carteri var. carteri stripeseed) in the family Turneraceae and fire-adapted species such as (78 FR 61273; October 3, 2013). (Bradley and Gann 1999, p. 70). Brickellia mosieri and Linum carteri var. carteri, are discussed in detail in the B. Overutilization for Commercial, Summary of Factors Affecting the proposed listing rule for B. mosieri and Recreational, Scientific, or Educational Species L. c. var. carteri (78 FR 61273; October Purposes Section 4 of the Act (16 U.S.C. 1533), 3, 2013). Factor B is discussed in detail in the and its implementing regulations at 50 Brickellia mosieri—All occurrences of proposed listing rule for Brickellia CFR part 424, set forth the procedures Brickellia mosieri are affected by some mosieri and Linum carteri var. carteri for adding species to the Federal Lists degree of inadequate fire management, (78 FR 61273; October 3, 2013). of Endangered and Threatened Wildlife with the primary threat being shading and Plants. Under section 4(a)(1) of the by hardwoods (Bradley and Gann 1999, C. Disease or Predation Act, we may determine a species to be p. 15; Bradley and Gann 2005, page No diseases or incidences of endangered or threatened due to one or numbers not applicable). While predation have been reported for more of the following five factors: (A) management of some County Brickellia mosieri and Linum carteri var. The present or threatened destruction, conservation lands (e.g., those in carteri. modification, or curtailment of its Richmond Pinelands complex and Navy habitat or range; (B) overutilization for Wells Pineland Preserve) includes D. The Inadequacy of Existing commercial, recreational, scientific, or regular burning, other such lands can be Regulatory Mechanisms educational purposes; (C) disease or severely fire-suppressed. Even in areas State and local regulations, and fee predation; (D) the inadequacy of under active management, some title properties, are discussed in detail existing regulatory mechanisms; or (E) portions are typically fire-suppressed, in the proposed listing rule for other natural or manmade factors thereby threatening populations of this Brickellia mosieri and Linum carteri var. affecting its continued existence. Listing species. carteri (78 FR 61273; October 3, 2013), actions may be warranted based on any Linum carteri var. carteri—The status while Federal regulations are discussed of the above threat factors, singly or in of Linum carteri var. carteri populations below. combination. Each of these factors as in relation to fire suppression are Federal applied to these two plants is discussed described in the proposed listing rule below or in the proposed listing rule for for Brickellia mosieri and L. c. var. If these plants were not listed, they Brickellia mosieri and Linum carteri var. carteri (78 FR 61273; October 3, 2013). would have no Federal regulatory carteri (78 FR 61273; October 3, 2013). Implementation of a prescribed fire protection in their known occupied and program in Miami-Dade County has suitable habitat. Neither taxon occurs on A. The Present or Threatened been hampered by a shortage of National Wildlife Refuge or National Destruction, Modification, or resources, and by logistical difficulties Park land. Brickellia mosieri is known Curtailment of Its Habitat or Range and public concern related to burning to occur within habitat patches (where Brickellia mosieri and Linum carteri next to residential areas. Many homes patch boundaries are based on var. carteri have experienced substantial have been built in a mosaic of pine contiguous pine rockland habitat, destruction, modification, and rockland, so the use of prescribed fire in irrespective of land ownership) that curtailment of their habitat and range many places has become complicated include Federal lands within the (see Status Assessment, in the proposed because of potential danger to structures Richmond Pinelands Complex, listing rule for B. mosieri and L. c. var. and smoke generated from the burns. including lands owned by the USCG

VerDate Mar<15>2010 16:31 Sep 03, 2014 Jkt 232001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\04SER1.SGM 04SER1 mstockstill on DSK4VPTVN1PROD with RULES 52572 Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations

and NOAA. The only known Federal grass), Lantana camara (shrub verbena), from the plants, they sometimes occurrence of Linum carteri var. carteri and Albizia lebbeck (tongue tree) are encroach on the edge of the natural area is on the U.S. Department of some of the other nonnative species in and have the potential to trample the Agriculture’s Subtropical Horticultural pine rocklands. plants. This plant occurs in similar Research Station (Chapman Field). Nonnative invasive plants compete habitat on Rockdale Pineland, where it There are no Federal protections for with native plants for space, light, is found along the edges of the candidate species on these properties. water, and nutrients, and make habitat abandoned Florida East Coast Railway These plants primarily occur on State- conditions unsuitable for both Brickellia tracks, adjacent to pine rockland habitat or County-owned and private land mosieri and Linum carteri var. carteri, (Bradley and van der Heiden 2013, p. (Tables 1 and 2 of the proposed rule), which respond positively to open 16). Here, plants have also been and development of these areas would conditions. They also affect the trampled from parking vehicles and likely require no Federal permit or other characteristics of a fire when it does machinery along the edges of the authorization. Therefore, projects that occur. Historically, pine rocklands had railroad right-of-way (Bradley and van affect them would usually not be an open, low understory where natural der Heiden 2013, p. 16). While these analyzed under the National fires remained patchy with low activities have affected individual Environmental Policy Act (NEPA) (42 temperature intensity, thus sparing plants in some populations, they are not U.S.C. 4321 et seq.). many native plants such as B. mosieri likely to have caused significant and L. c. var. carteri. Dense infestations population declines in the taxon. E. Other Natural or Manmade Factors of Neyraudia reynaudiana and Schinus Affecting Its Continued Existence terebinthifolius cause higher fire Conservation Efforts To Reduce Other Brickellia mosieri and Linum carteri temperatures and longer burning Natural or Manmade Factors Affecting var. carteri are both threatened by other periods. With the presence of invasive Continued Existence natural or manmade factors that affect nonnative species, it is uncertain how An IRC program included each taxon to varying degrees. Specific fire, even under a managed situation, reintroduction of both Brickellia mosieri threats to these plants included in this will affect these plants. Bradley and and Linum carteri var. carteri in an factor consist of the spread of nonnative Gann (1999, pp. 13, 71–72) indicated effort to establish new occurrences of invasive plants, potentially that the control of nonnative plants is these plants and increase population incompatible management practices one of the most important conservation sizes. To date, B. mosieri has been (such as mowing and herbicide use), actions for these plants and a critical reintroduced to at least one private site, direct impacts to plants from recreation part of habitat maintenance. although the status of these plants is and other human activities, small Management of nonnative invasive currently unknown (Gann 2013b, pers. population size and isolation, climate plants in pine rocklands in Miami-Dade comm.). change, and the related risks from County is further complicated because Ex-situ conservation by Fairchild environmental stochasticity (extreme the vast majority of pine rocklands are Tropical Botanic Garden consists of weather) on these small populations. small, fragmented areas bordered by seed collection of pine rockland plants, With the exception of nonnative plants urban development. Areas near including Brickellia mosieri and Linum and recreation, which are discussed managed pine rockland that contain carteri var. carteri, to learn about their below, the rest of these threats and their nonnative species can act as a seed germination, storage, and cultivation specific effect on these plants are source of nonnatives allowing them to requirements to help safeguard these discussed in detail in the proposed continue to invade the surrounding pine plants from extinction. This program is listing rule for B. mosieri and L. c. var. rockland (Bradley and Gann 1999, p. discussed in detail in the proposed carteri (78 FR 61273; October 3, 2013). 13). listing rule for Brickellia mosieri and Linum carteri var. carteri (78 FR 61273; Nonnative Plant Species Recreation and Other Human Activities October 3, 2013). Nonnative plants have significantly Linum carteri var. carteri’s occurrence affected pine rocklands, and threaten all in disturbed, open areas such as Summary of Biological Status and occurrences of Brickellia mosieri and firebreaks and road rights-of-way also Threats Linum carteri var. carteri to some degree makes it much more susceptible than Only small and fragmented (Bradley and Gann 1999, pp. 15, 72; Brickellia mosieri to recreational and occurrences of these two plants remain. Bradley and Gann 2005, page numbers other human activities. These activities The current ranges of Brickellia mosieri not applicable; Bradley 2007, pers. may inadvertently impact some and Linum carteri var. carteri span such comm.; Bradley and van der Heiden populations of L. c. var. carteri. In the a small geographic area—a narrow band 2013, pp. 12–16). As a result of human past, mountain biking has been no more than 4.0 km (2.5 mi) in width, activities, at least 277 taxa of nonnative identified as a threat at R. Hardy and approximately 30.1 km (18.7 mi) plants have invaded pine rocklands Matheson Preserve (Bradley and Gann and 26.9 km (16.7 mi) in length, throughout south Florida (Service 1999, 1999, pp. 71, 74; Bradley 2007, pers. respectively, along the Miami Rock p. 3–175). Neyraudia reynaudiana comm.). This threat was mitigated by Ridge—that all populations could be (Burma reed) and Schinus the placement of protective fencing, affected by a single event (e.g., terebinthifolius (Brazilian pepper) however, since mountain bikers have hurricane). Four of the seven remaining threaten both plants (Bradley and Gann been fenced out, habitat succession has populations of L. c. var. carteri have 1999, pp. 13, 72). S. terebinthifolius, a increased and resulted in less suitable fewer than 20 individual plants. B. nonnative tree, is the most widespread conditions for L. c. var. carteri (Possley mosieri populations occur in higher and one of the most . It 2013, pers. comm.). More recently, a numbers, but are still not considered forms dense thickets of tangled, woody colony of L. c. var. carteri at Camp sizable. L. c. var. carteri shows great stems that completely shade out and Owaissa Bauer Addition has been differences in plant numbers from year displace native vegetation (Loflin 1991, impacted by ‘‘yard sales’’ and car to year, probably because individuals p. 19; Langeland and Craddock Burks parking along Krome Avenue (Bradley typically live 1–2 years and grow from 1998, p. 54). Acacia auriculiformis and van der Heiden 2013, p. 13). While seed. This trait makes them more (earleaf acacia), (natal these impacts are usually some distance vulnerable than perennials to changes in

VerDate Mar<15>2010 16:31 Sep 03, 2014 Jkt 232001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\04SER1.SGM 04SER1 mstockstill on DSK4VPTVN1PROD with RULES Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations 52573

environment. Viable plant populations currently at risk throughout all of their threatened species as any species ‘‘that for small, short-lived herbs may consist respective ranges due to the immediacy is likely to become endangered of tens of thousands of plants (Menges and severity of threats from habitat throughout all or a significant portion of 1991, p. 48; Lande 1995, p. 789). destruction and modification (Factor A) its range within the foreseeable future.’’ Although robust population viability and other natural or manmade factors We find that threatened species status is analyses (including minimum viable affecting their continued existence not appropriate for these plants because population calculations) have not been (Factor E), and existing regulatory of contracted range, because the threats conducted for these plants, indications mechanisms are inadequate to reduce are occurring rangewide and are not are that most existing populations for these threats (Factor D). Although localized, and because the threats are both plants are at best marginal. actions are ongoing to alleviate some ongoing and expected to continue into We have determined that the threats threats, no populations appear to be free the future. to both Brickellia mosieri and Linum of major threats. As a result, impacts Under the Act and our implementing carteri var. carteri consist primarily of from increasing threats, singly or in regulations, a species may warrant habitat loss and modification through combination, are likely to result in the listing if it is endangered or threatened urban and agricultural development, extinction of these plants. throughout all or a significant portion of lack of adequate fire management, its range. The threats to the survival of proliferation of nonnative invasive Brickellia mosieri these plants occur throughout the plants, and sea level rise. Threats Numerous threats are occurring now plants’ respective ranges and are not described under Factor A—habitat loss, and are likely to continue in the restricted to any particular significant fragmentation, and degradation foreseeable future, at a high intensity, portion of those ranges. Accordingly, resulting from development and and across the entire range of Brickellia our assessment and proposed inadequate fire management, and Factor mosieri; therefore, we have determined determination applies to the plants E—competition from nonnative invasive the species is in danger of extinction throughout their entire ranges. plants, are believed to be the primary throughout its range. The threats are Available Conservation Measures drivers in the historical and recent currently active, and will continue to declines of B. mosieri and L. c. var. affect the populations of B. mosieri into Conservation measures provided to carteri. L. c. var. carteri has also been the foreseeable future, and these threats species listed as endangered or threatened by anthropogenic will individually and collectively threatened under the Act include disturbances which threaten contribute to the species’ local recognition, recovery actions, populations in disturbed habitats, such extirpation and potential extinction. requirements for Federal protection, and as firebreaks and road rights-of-way, and Because these threats are placing the prohibitions against certain practices. both plants are suspected to be species in danger of extinction now and Recognition through listing results in negatively affected by threats related to not only at some point in the foreseeable public awareness and conservation by small, isolated populations (Factor E). future, we find that this species meets Federal, State, Tribal, and local All of these threats are ongoing and the definition of an endangered species, agencies, private organizations, and expected to continue to impact rather than a threatened species. individuals. The Act encourages populations of these plants in the Therefore, we have determined that B. cooperation with the States and requires future. Current local, State, and Federal mosieri meets the definition of that recovery actions be carried out for regulatory mechanisms (Factor D) are endangered in accordance with sections all listed species. The protection inadequate to protect these plants from 3(6) and 4(a)(1) of the Act. required by Federal agencies and the prohibitions against certain activities taking and habitat loss. Despite these Linum carteri var. carteri existing regulatory mechanisms, B. are discussed, in part, below. mosieri and L. c. var. carteri continue to Numerous threats are occurring now The primary purpose of the Act is the decline. and are likely to continue in the conservation of endangered and Other factors that are likely to foreseeable future, at a high intensity, threatened species and the threaten Brickellia mosieri and Linum and across the entire range of Linum upon which they depend. The ultimate carteri var. carteri in the future include carteri var. carteri; therefore, we have goal of such conservation efforts is the climate change (including sea level rise) determined the taxon is in danger of recovery of these listed species, so that and extreme weather events (hurricanes, extinction throughout its range. The they no longer need the protective frost events). Effects of these could be threats are currently active, and will measures of the Act. Subsection 4(f) of catastrophic on isolated, small continue to affect the populations of L. the Act requires the Service to develop populations of both plants (Factor E). c. var. carteri into the foreseeable future, and implement recovery plans for the The narrow distribution of their and these threats will individually and conservation of endangered and populations makes them more collectively contribute to the plant’s threatened species. The recovery susceptible to extirpation from a single local extirpation and potential planning process involves the catastrophic event. This level of extinction. Because these threats are identification of actions that are isolation makes natural recolonization placing the taxon in danger of extinction necessary to halt or reverse the species’ of extirpated populations virtually now and not only at some point in the decline by addressing the threats to its impossible without human intervention. foreseeable future, we find this taxon survival and recovery. The goal of this meets the definition of an endangered process is to restore listed species to a Determination species rather than a threatened species. point where they are secure, self- We have carefully assessed the best Therefore, we have determined that L. c. sustaining, and functioning components scientific and commercial information var. carteri meets the definition of of their ecosystems. available regarding the past, present, endangered in accordance with sections Recovery planning includes the and future threats to Brickellia mosieri 3(6) and 4(a)(1) of the Act. development of a recovery outline and Linum carteri var. carteri. As The Act defines an endangered shortly after a species is listed and described in detail above and in the species as any species that is ‘‘in danger preparation of a draft and final recovery proposed listing rule (78 FR 61273; of extinction throughout all or a plan. The recovery outline guides the October 3, 2013), both plants are significant portion of its range’’ and a immediate implementation of urgent

VerDate Mar<15>2010 16:31 Sep 03, 2014 Jkt 232001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\04SER1.SGM 04SER1 mstockstill on DSK4VPTVN1PROD with RULES 52574 Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations

recovery actions and describes the becomes available and any information commercial activity, sell or offer for sale process to be used to develop a recovery you may have for recovery planning in interstate or foreign commerce, or plan. Revisions of the plan may be done purposes (see FOR FURTHER INFORMATION remove and reduce the species to to address continuing or new threats to CONTACT). possession from areas under Federal the species, as new substantive Section 7(a) of the Act requires jurisdiction. In addition, for plants information becomes available. The Federal agencies to evaluate their listed as an endangered species, the Act recovery plan identifies site-specific actions with respect to any species that prohibits the malicious damage or management actions that set a trigger for is proposed or listed as an endangered destruction on areas under Federal review of the five factors that control or threatened species and with respect jurisdiction and the removal, cutting, whether a species remains endangered to its critical habitat, if any is digging up, or damaging or destroying of or may be downlisted or delisted, and designated. Regulations implementing such plants in knowing violation of any methods for monitoring recovery this interagency cooperation provision State law or regulation, including State progress. Recovery plans also establish of the Act are codified at 50 CFR part criminal trespass law. Exceptions to a framework for agencies to coordinate 402. Section 7(a)(4) of the Act requires these prohibitions are outlined in 50 their recovery efforts and provide Federal agencies to confer with the CFR 17.62. estimates of the cost of implementing Service on any action that is likely to Preservation of native flora of Florida recovery tasks. Recovery teams jeopardize the continued existence of a (Florida Statutes 581.185) sections (3)(a) (composed of species experts, Federal species proposed for listing or result in and (b) provide limited protection to and State agencies, nongovernmental destruction or adverse modification of species listed in the State of Florida organizations, and stakeholders) are proposed critical habitat. If a species is Regulated Plant Index including often established to develop recovery listed subsequently, section 7(a)(2) of Brickellia mosieri and Linum carteri var. plans. When completed, the recovery the Act requires Federal agencies to carteri, as described under Factor D, outline, draft recovery plan, and the ensure that activities they authorize, The Inadequacy of Existing Regulatory final recovery plan will be available on fund, or carry out are not likely to Mechanisms. Federal listing increases our Web site (http://www.fws.gov/ jeopardize the continued existence of protection for these plants by making endangered), or from our South Florida the species or destroy or adversely violations of section 3 of the Florida Ecological Services Field Office (see FOR modify its critical habitat. If a Federal Statute punishable as a Federal offense FURTHER INFORMATION CONTACT). action may affect a listed species or its under section 9 of the Act. This Implementation of recovery actions critical habitat, the responsible Federal statutory relationship provides generally requires the participation of a agency must enter into consultation increased protection from unauthorized broad range of partners, including other with the Service. collecting and vandalism for the plants Federal agencies, States, Tribes, Federal agency actions within the on State and private lands, where they nongovernmental organizations, species’ habitat that may require might not otherwise be protected by the businesses, and private landowners. conference or consultation or both as Act, and increases the severity of the Examples of recovery actions include described in the preceding paragraph penalty for unauthorized collection, habitat restoration (e.g., restoration of include, but are not limited to, vandalism, or trade in these plants. native vegetation), research, captive management and any other landscape- We may issue permits to carry out propagation and reintroduction, and altering activities on Federal lands otherwise prohibited activities outreach and education. The recovery of administered by the Department of involving endangered and threatened many listed species cannot be Defense, Homeland Security/U.S. Coast plant species under certain accomplished solely on Federal lands Guard, U.S. Prisons Bureau, National circumstances. Regulations governing because their range may occur primarily Oceanic and Atmospheric permits are codified at 50 CFR 17.62 for or solely on non-Federal lands. To Administration, National Park Service, endangered plants, and at 50 CFR 17.72 achieve recovery of these species U.S. Fish and Wildlife Service, and U.S. for threatened plants. With regard to requires cooperative conservation efforts Department of Agriculture; the issuance endangered plants, a permit must be on private, State, and Tribal lands. of Federal permits under section 404 of issued for activities undertaken for Following publication of this final the Clean Water Act (33 U.S.C. 1251 et scientific purposes or to enhance the listing rule, funding for recovery actions seq.) by the U.S. Army Corps of propagation or survival of the species. will be available from a variety of Engineers; construction and It is our policy, as published in the sources, including Federal budgets, management of gas pipeline and power Federal Register on July 1, 1994 (59 FR State programs, and cost share grants for line rights-of-way by the Federal Energy 34272), to identify to the maximum non-Federal landowners, the academic Regulatory Commission; construction extent practicable at the time a species community, and nongovernmental and maintenance of roads or highways is listed, those activities that would or organizations. In addition, pursuant to by the Federal Highway Administration; would not constitute a violation of section 6 of the Act, the State of Florida and implementation of the National section 9 of the Act. The intent of this would be eligible for Federal funds to Flood Insurance Program and disaster policy is to increase public awareness of implement management actions that relief efforts conducted by the Federal the effect of a listing on proposed and promote the protection or recovery of Emergency Management Agency. ongoing activities within the range of Brickellia mosieri and Linum carteri var. The Act and its implementing listed species. The following activities carteri. Information on our grant regulations set forth a series of general could potentially result in a violation of programs that are available to aid prohibitions and exceptions that apply section 9 of the Act; this list is not species recovery can be found at: to endangered plants. All prohibitions comprehensive: http://www.fws.gov/grants. of section 9(a)(2) of the Act, (1) Import Brickellia mosieri or Linum Please let us know if you are implemented by 50 CFR 17.61, apply. carteri var. carteri into, or export these interested in participating in recovery These prohibitions, in part, make it plants from, the United States. efforts for Brickellia mosieri and Linum illegal for any person subject to the (2) Remove and reduce to possession carteri var. carteri. Additionally, we jurisdiction of the United States to Brickellia mosieri or Linum carteri var. invite you to submit any new import or export, transport in interstate carteri from areas under Federal information on these plants whenever it or foreign commerce in the course of a jurisdiction; maliciously damage or

VerDate Mar<15>2010 16:31 Sep 03, 2014 Jkt 232001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\04SER1.SGM 04SER1 mstockstill on DSK4VPTVN1PROD with RULES Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations 52575

destroy these plants on any such area; environmental impact statements, as References Cited or remove, cut, dig up, or damage or defined under the authority of the A complete list of references cited in destroy these plants on any other area National Environmental Policy Act need this rulemaking is available on the in knowing violation of any law or not be prepared in connection with Internet at http://www.regulations.gov regulation of any State or in the course listing a species as an endangered or and upon request from the South of any violation of a State criminal threatened species under the Florida Ecological Services Field Office trespass law. Endangered Species Act. We published (see FOR FURTHER INFORMATION CONTACT). (3) Deliver, receive, carry, transport, a notice outlining our reasons for this or ship in interstate or foreign determination in the Federal Register Authors commerce, by any means whatsoever on October 25, 1983 (48 FR 49244). The primary authors of this final rule and in the course of a commercial Government-to-Government are the staff members of the South activity, Brickellia mosieri or Linum Florida Ecological Services Field Office. carteri var. carteri. Relationship With Tribes (4) Sell or offer for sale in interstate List of Subjects in 50 CFR Part 17 or foreign commerce Brickellia mosieri In accordance with the President’s memorandum of April 29, 1994 Endangered and threatened species, or Linum carteri var. carteri. Exports, Imports, Reporting and (5) Introduce any nonnative wildlife (Government-to-Government Relations recordkeeping requirements, or plant species to the State of Florida with Native American Tribal Transportation. that compete with or prey upon Governments; 59 FR 22951), Executive Brickellia mosieri or Linum carteri var. Order 13175 (Consultation and Regulation Promulgation Coordination With Indian Tribal carteri. Accordingly, we amend part 17, (6) Release any unauthorized Governments), and the Department of subchapter B of chapter I, title 50 of the biological control agents that attack any the Interior’s manual at 512 DM 2, we Code of Federal Regulations, as follows: life stage of Brickellia mosieri or Linum readily acknowledge our responsibility carteri var. carteri. to communicate meaningfully with PART 17—[AMENDED] (7) Manipulate or modify the habitat recognized Federal Tribes on a of Brickellia mosieri or Linum carteri government-to-government basis. In ■ 1. The authority citation for part 17 var. carteri on Federal lands without accordance with Secretarial Order 3206 continues to read as follows: authorization. of June 5, 1997 (American Indian Tribal Authority: 16 U.S.C. 1361–1407; 1531– Questions regarding whether specific Rights, Federal-Tribal Trust 1544; and 4201–4245; unless otherwise activities would constitute a violation of Responsibilities, and the Endangered noted. section 9 of the Act should be directed Species Act), we readily acknowledge ■ 2. Amend § 17.12(h) by adding entries to the South Florida Ecological Services our responsibilities to work directly for ‘‘Brickellia mosieri’’ and ‘‘Linum Field Office (see FOR FURTHER with tribes in developing programs for carteri var. carteri’’, in alphabetical INFORMATION CONTACT). healthy ecosystems, to acknowledge that order under Flowering Plants, to the List Required Determinations tribal lands are not subject to the same of Endangered and Threatened Plants, to controls as Federal public lands, to read as follows: National Environmental Policy Act (42 remain sensitive to Indian culture, and U.S.C. 4321 et seq.) to make information available to tribes. § 17.12 Endangered and threatened plants. We have determined that No tribal lands are impacted by this * * * * * environmental assessments and listing. (h) * * *

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

FLOWERING PLANTS

******* Brickellia mosieri ...... Brickell-bush, Florida U.S.A. (FL) ...... Asteraceae ...... E 844 NA NA

******* Linum carteri var. Flax, Carter’s small- U.S.A. (FL) ...... Linaceae ...... E 844 NA NA carteri. flowered.

*******

* * * * * Dated: August 8, 2014. David Cottingham Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2014–21110 Filed 9–3–14; 8:45 am] BILLING CODE 4310–55–P

VerDate Mar<15>2010 16:31 Sep 03, 2014 Jkt 232001 PO 00000 Frm 00033 Fmt 4700 Sfmt 9990 E:\FR\FM\04SER1.SGM 04SER1 mstockstill on DSK4VPTVN1PROD with RULES