Vol. 77 Thursday, No. 197 October 11, 2012

Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and ; Endangered Status for Cape Sable Thoroughwort, Semaphore , and Aboriginal Prickly-Apple, and Designation of Critical Habitat for Cape Sable Thoroughwort; Proposed Rule

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DEPARTMENT OF THE INTERIOR preferred file format is Microsoft Word. therefore, these species qualify for If you attach multiple comments (such listing. We are proposing to list these Fish and Wildlife Service as form letters), our preferred format is plants as endangered species. Their a spreadsheet in Microsoft Excel. protection under the Act can only be 50 CFR Part 17 (2) By hard copy: Submit by U.S. mail done by issuing a rule. • Chromolaena frustrata has been [Docket No. FWS–R4–ES–2012–0076; or hand–delivery to: Public Comments 4500030113] Processing, Attn: FWS–R4–ES–2012– extirpated (no longer in existence) from 0076; Division of Policy and Directives half of the islands where it occurred in RIN 1018–AY08 Management; U.S. Fish and Wildlife the , and threats of Service; 4401 N. Fairfax Drive, MS competition from nonnative plants and Endangered and Threatened Wildlife 2042–PDM; Arlington, VA 22203. habitat loss still exist in the remaining and Plants; Endangered Species We request that you send comments populations. Status for Cape Sable Thoroughwort, only by the methods described above. • corallicola has been Florida Semaphore Cactus, and We will post all comments on http:// extirpated from half of the islands Aboriginal Prickly-Apple, and www.regulations.gov. This generally where it occurred in the Florida Keys, Designation of Critical Habitat for Cape means that we will post any personal and threats of poaching, predation by a Sable Thoroughwort information you provide us (see the nonnative , competition from AGENCY: Fish and Wildlife Service, Information Requested section below for nonnative species, and habitat loss Interior. more information). still exist in the remaining populations. • aboriginum has been ACTION: Proposed rule. The coordinates, or plot points, or both, from which the critical habitat extirpated from the northern extent of SUMMARY: We, the U.S. Fish and maps are generated are included in the its range in Manatee County, and threats Wildlife Service, propose to list administrative record for this of poaching, competition from Chromolaena frustrata (Cape Sable rulemaking and are available at http:// nonnative plant species, and habitat loss thoroughwort), www.fws.gov/verobeach/, http:// still exist in the remaining populations. (Florida semaphore cactus), and www.regulations.gov at Docket No. The basis for our action. Under the Harrisia aboriginum (aboriginal prickly- FWS–R4–ES–2012–0076, and at the Act, a species may be determined to be apple) as an endangered species under South Florida Ecological Services Office an endangered or threatened species based on any of five factors: (A) The the Endangered Species Act, and we (see FOR FURTHER INFORMATION CONTACT). present or threatened destruction, propose to designate critical habitat for Any additional tools or supporting modification, or curtailment of its Chromolaena frustrata. We have information that we have used for this habitat or range; (B) overutilization for determined that designation of critical rulemaking will also be available at the commercial, recreational, scientific, or habitat is not prudent for Consolea Fish and Wildlife Service Web site and educational purposes; (C) disease or corallicola and H. aboriginum. These Field Office set out above, and may also predation; (D) the inadequacy of are proposed regulations, and if be included in the preamble of this existing regulatory mechanisms; or (E) finalized, their effect will be to add all proposed rule or at http:// other natural or manmade factors three species to the List of Endangered www.regulations.gov. affecting its continued existence. or Threatened Plants and to designate FOR FURTHER INFORMATION CONTACT: We have determined that threats to critical habitat for one species under the Larry Williams, Field Supervisor, U.S. Chromolaena frustrata include Endangered Species Act. Fish and Wildlife Service, South Florida destruction, modification, or DATES: We will accept comments Ecological Services Office, 1339 20th curtailment of its habitat or range; received or postmarked on or before Street, Vero Beach, FL 32960; by inadequate existing regulatory December 10, 2012. Comments telephone 772–562–3909; or by mechanisms; and other natural or man- submitted electronically using the facsimile 772–562–4288. Persons who made factors, including climate change Federal eRulemaking Portal (see use a telecommunications device for the (sea level rise), small populations, and ADDRESSES section, below) must be deaf (TDD) may call the Federal competition from nonnative plant received by 11:59 p.m. Eastern Time on Information Relay Service (FIRS) at species. the closing date. We must receive 800–877–8339. We have determined that threats to requests for public hearings, in writing, SUPPLEMENTARY INFORMATION: This Consolea corallicola include at the address shown in the FOR FURTHER document consists of: (1) A proposed destruction, modification, or INFORMATION CONTACT section by rule to list Chromolaena frustrata curtailment of its habitat or range; November 26, 2012. Consolea corallicola, and Harrisia overuse (poaching) and predation; ADDRESSES: You may submit comments aboriginum as an endangered species; inadequate existing regulatory by one of the following methods: and (2) a proposed rule to designate mechanisms; and other natural or man- (1) Electronically: Go to the Federal critical habitat for Chromolaena made factors, including climate change eRulemaking Portal: http:// frustrata. (sea level rise), small populations, low www.regulations.gov. In the search box, genetic diversity, and competition from enter Docket No. FWS–R4–ES–2012– Executive Summary nonnative plant species. 0076, which is the docket number for Why we need to publish a rule. Under We have determined that the threats this rulemaking. Then, click the Search the Endangered Species Act (Act), a to Harrisia aboriginum include button. You may submit a comment by species may warrant protection through destruction, modification, or clicking on ‘‘Comment Now!’’ If your listing if it is an endangered or curtailment of its habitat or range; comments will fit in the provided threatened species throughout all or a overuse (poaching); inadequate existing comment box, please use this feature of significant portion of its range. regulatory mechanisms; and other http://www.regulations.gov, as it is most Chromolaena frustrata, Consolea natural or man-made factors, including compatible with our comment review corallicola, and Harrisia aboriginum are climate change (sea level rise), small procedures. If you attach your highly restricted in their ranges and the populations, and competition from comments as a separate document, our threats occur throughout their ranges; nonnative plant species.

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This rule proposes to designate (d) Historical and current population change on Chromolaena frustrata, critical habitat for Chromolaena levels, and current and projected trends; Consolea corallicola, and Harrisia frustrata. and aboriginum, and proposed critical • In total, approximately 3,466 (e) Past and ongoing conservation habitat for Chromolaena frustrata. hectares (8,565 acres) are being measures for the species, its habitat, or (10) Probable economic, national proposed for designation as critical both. security, or other relevant impacts that habitat for C. frustrata. The proposed (2) The factors that are the basis for may result from designating any area critical habitat is located in Miami-Dade making a listing determination for a that may be included in the final and Monroe Counties, Florida. species under section 4(a) of the Act (16 designation. We are particularly • The proposed designation includes U.S.C. 1531 et seq.), which are: interested in any impacts on small both occupied and unoccupied critical (a) The present or threatened entities, and the benefits of including or habitat, although those areas are not destruction, modification, or excluding areas from the proposed differentiated in the proposed rule or on curtailment of its habitat or range; designation that are subject to these the maps. Where the unit is not (b) Overutilization for commercial, impacts. occupied by Chromolaena frustrata, we recreational, scientific, or educational (11) Whether our approach to have concluded that the area is essential purposes; designating critical habitat could be for the conservation of the species (c) Disease or predation; improved or modified in any way to because the designation would allow for (d) The inadequacy of existing provide for greater public participation the expansion of Chromolaena regulatory mechanisms; or and understanding, or to assist us in frustrata‘s range and reintroduction of (e) Other natural or manmade factors accommodating public concerns and individuals into areas where the species affecting its continued existence. comments. (3) Biological, commercial trade, or previously occurred. (12) The likelihood of adverse social other relevant data concerning any This rule does not propose critical reactions to the designation of critical threats (or lack thereof) to these species habitat for Consolea corallicola or habitat and how the consequences of and existing regulations that may be Harrisia aboriginum. We have such reactions, if likely to occur, would addressing those threats. relate to the conservation and regulatory determined that designation of critical (4) Additional information concerning benefits of the proposed critical habitat habitat would not be prudent for either the historical and current status, range, species. designation. • distribution, and population size of Designation would increase the these species, including the locations of Please include sufficient information likelihood and severity of illegal any additional occurrences or with your submission (such as scientific collection of C. corallicola and H. populations of these species. journal articles or other publications) to aboriginum, and in doing so make (5) Any information on the biological allow us to verify any scientific or enforcement of take prohibitions more or ecological requirements of these commercial information you include. difficult. species and ongoing conservation Please note that submissions merely • These threats outweigh the benefits measures for these species and their stating support for or opposition to the of designation for the two species. habitats. action under consideration without providing supporting information, Peer Review (6) The reasons why we should or should not designate habitat as ‘‘critical although noted, will not be considered We are seeking comments from habitat’’ under section 4 of the Act (16 in making a determination, as section knowledgeable individuals with U.S.C. 1531 et seq.), including whether 4(b)(1)(A) of the Act directs that scientific expertise to review our there are threats to all the species from determinations as to whether any technical assumptions, analysis of the human activity, the degree of which can species is an endangered or threatened best available science, and application be expected to increase due to the species must be made ‘‘solely on the of that science and to provide any designation, and whether that increase basis of the best scientific and additional scientific information to in threat outweighs the benefit of commercial data available.’’ improve this proposed rule. designation such that the designation of You may submit your comments and materials concerning this proposed rule Information Requested critical habitat is not prudent. (7) Specific information on: by one of the methods listed in the We intend that any final action (a) The amount and distribution of ADDRESSES section. We request that you resulting from this proposed rule will be Chromolaena frustrata habitat; send comments only by the methods based on the best scientific and (b) What areas, that were occupied at described in the ADDRESSES section. commercial data available and be as the time of listing (or are currently If you submit information via http:// accurate and as effective as possible. occupied) and that contain features www.regulations.gov, your entire Therefore, we request comments or essential to the conservation of the submission—including any personal information from other concerned species, should be included in the identifying information—will be posted governmental agencies, Native designation and why; on the Web site. If your submission is American tribes, the scientific (c) What areas not occupied at the made via a hardcopy that includes community, industry, or any other time of listing are essential for the personal identifying information, you interested parties concerning this conservation of the species and why. may request at the top of your document proposed rule. We particularly seek (8) Land use designations and current that we withhold this information from comments concerning: or planned activities in the areas public review. However, we cannot (1) The species’ biology, range, and occupied by Chromolaena frustrata or guarantee that we will be able to do so. population trends, including: proposed to be designated as critical We will post all hardcopy submissions (a) Habitat requirements for feeding, habitat, and possible impacts of these on http://www.regulations.gov. Please breeding, and sheltering; activities on the species and proposed include sufficient information with your (b) Genetics and ; critical habitat. comments to allow us to verify any (c) Historical and current range, (9) Information on the projected and scientific or commercial information including distribution patterns; reasonably likely impacts of climate you include.

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Comments and materials we receive, Register on October 25, 1999 (64 FR workload based on the needs of as well as supporting documentation we 57534). We determined that listing was candidate species, while also providing used in preparing this proposed rule, warranted, but was precluded due to state wildlife agencies, stakeholders, will be available for public inspection workloads and priorities, and we and other partners clarity and certainty on http://www.regulations.gov, or by assigned a LPN of 5 to the species (64 about when listing determinations will appointment, during normal business FR 57534). In 2001, C. frustrata be made. On July 12, 2011, the Service hours, at the U.S. Fish and Wildlife remained on the candidate species with reached an agreement with a second Service, South Florida Ecological the LPN of 5 (66 FR 54808, October 30, frequent plaintiff group and further Services Office, Vero Beach, Florida (see 2001). In the 2002 and 2004 CNORs (67 strengthened the work plan, which will FOR FURTHER INFORMATION CONTACT). FR 40657, June 13, 2002; 69 FR 24876, allow the agency to focus its resources May 4, 2004) C. frustrata retained the Previous Federal Actions on the species most in need of LPN of 5. We published a finding for the protection under the Act. These Consolea corallicola was first species in the 2005 CNOR on May 11, agreements were approved on recognized as a candidate species 2005 (70 FR 24869), in response to a September 9, 2011. The timing of this (under the species’ former name petition received on May 11, 2004. We proposed listing is, in part, therefore, an Opuntia spinosissima) on September 27, also changed the LPN of C. frustrata outcome of the work plan. 1985 (50 FR 39526). It was removed from a 5 to a 2 because the threats to the from the candidate list from 1996 to species were found to be more Status Assessment for Chromolaena 1998 because there was not sufficient imminent than previously known. The frustrata, Consolea corallicola, and information on the species’ biological species remained on the candidate list Harrisia aboriginum vulnerability and threats to support as published in the CNORs from 2006 to Background issuance of a proposed rule. The 1999 2011 with the LNP of 2 (71 FR 53756, Candidate Notice of Review (CNOR) It is our intent to discuss below only September 12, 2006; 72 FR 69034, those topics directly relevant to the published in the Federal Register on December 6, 2007; 73 FR 75176, October 25, 1999 (64 FR 57534) listing of Chromolaena frustrata, December 10, 2008; 74 FR 578040, Consolea corallicola, and Harrisia included C. corallicola (under the November 9, 2009; 75 FR 69222, species’ previous name Opuntia aboriginum as endangered in this November 10, 2010; 76 FR 66370, section of the proposed rule. corallicola) as a candidate for listing October 26, 2011). under the Act. We determined that The Service first recognized Harrisia Chromolaena frustrata listing was warranted, but was aboriginum as a candidate species in the General Biology precluded due to workloads and CNOR published on September 12, priorities, and we assigned a listing 2006, and we assigned an LPN of 5 (71 Chromolaena frustrata (Family: priority number (LPN) of 5 to the FR 53756). We determined that listing Asteraceae) is a perennial herb. Mature species (64 FR 57534). Candidate was warranted, but was precluded due plants are 15 to 25 centimeters (cm) (5.9 species are assigned LPNs based on to workloads and priorities. Harrisia to 9.8 inches ((in)) tall with erect stems. immediacy and magnitude of threats, as aboriginum retained its candidate status The leaves and stems are covered in well as taxonomic status. The lower the in 2007 (72 FR 69034, December 6, short, fuzzy hairs. The leaves have three LPN, the higher priority that species is 2007) and an LPN of 5. In the CNOR distinct veins, are roughly oval or egg for us to determine appropriate action published on December 10, 2008 (73 FR shaped, and have toothed edges. The using our available resources. In 2001, 75176), we changed the LPN of H. blue to lavender flowers are borne in C. corallicola (under the species’ aboriginum from a 5 to a 2 because the heads usually in clusters of two to six. previous name Opuntia corallicola) threats to the species were found to be Flowers are produced mostly in the fall, remained a candidate species with the more imminent than previously known. though sometimes year round (Nesom LPN of 5 (66 FR 54808, October 30, The species remained on the candidate 2006, pp. 544–545). 2001). In the 2002 CNOR published on list as published in the CNORs from Taxonomy, Life History, and June 13, 2002 (67 FR 40657), and under 2009 to 2011 with the LNP of 2 (74 FR Distribution the name Consolea (opuntia) corallicola, 57804, November 9, 2009; 75 FR 69222, we changed the LPN of the species from November 10, 2010; 76 FR 66370, Chromolaena frustrata was first a 5 to a 2 because the threats to the October 26, 2011). reported by Chapman in 1886, from the species were found to be more On May 10, 2011, the Service Florida Keys, who called it Eupatorium imminent than previously known. announced a work plan to restore heteroclinium (Chapman 1889, p. 626). Consolea corallicola retained the LPN of biological priorities and certainty to the Early authors assigned the species to the 2 in the 2004 CNOR published on May Service’s listing process. As part of an Osmia (Small 1913, p. 147; 1933, 4, 2004 (69 FR 24876). We published a agreement with one of the agency’s most p. 1320). In 1970, R.M. King and H.E. finding for the species in the 2005 frequent plaintiffs, the Service filed a Robinson placed this species in the CNOR on May 11, 2005 (70 FR 24869) work plan with the U.S. District Court genus Chromolaena (King and Robinson in response to a petition received on for the District of Columbia. The work 1970, p. 201). Some authors continued May 11, 2004. The species remained on plan will enable the agency to, over a to assign the species to the genus the candidate list as published in the period of 6 years, systematically review Eupatorium (i.e., Long and Lakela 1971, CNORs from 2006 to 2011 with the LPN and address the needs of more than 250 p. 873 and Cronquist 1980, p. 185). The of 2 (71 FR 53756, September 12, 2006; species listed within the 2010 Candidate authors of Vascular Plants of Florida 72 FR 69034, December 6, 2007; 73 FR Notice of Review, including recognize Chromolaena frustrata 75176, December 10, 2008; 74 FR 57804, Chromolaena frustrata, Consolea (Wunderlin and Hansen 2008, pp. 1–2). November 9, 2009; 75 FR 69222, corallicola, and Harrisia aboriginum, to The Integrated Taxonomic Information November 10, 2010; 76 FR 66370, determine if these species should be System (ITIS) (2012, p. 1) indicates that October 26, 2011). added to the Federal Lists of the taxonomic standing for C. frustrata Chromolaena frustrata was first Endangered and Threatened Wildlife (B.L. Robinson) King and H.E. Robinson recognized as a candidate species in the and Plants. This work plan will enable is accepted. Synonyms include 1999 CNOR published in the Federal the Service to again prioritize its Eupatorium frustratum B.L. Robinson

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and Osmia frustrata (B.L. Robinson) similar to beaches, including shoreline Suriana maritima, aculeata, Small. Sesuvium portulacastrum (sea jaimiqui, Metopium purslane), Distichlis spicata (saltgrass), toxiferum, Jacquinia keyensis, Maytenus Climate and (seashore phyllanthoides (Florida mayten), and The climate of south Florida where dropseed), or scattered to dense shrub Acanthocereus tetragonus (barbed-wire Chromolaena frustrata occurs is thickets with cactus) (FNAI 2010b, p. 1). classified as tropical savanna and is (buttonwood), stunted Avicennia In cactus barrens, the vegetation characterized by distinct wet and dry germinans (black ), consists of a wide variety of herbaceous seasons, a monthly mean temperature Rhizophora mangle (red mangrove), and succulent species which above 18 °C (64.4 °F) in every month of Laguncularia racemosa (white characteristically includes cacti, agaves, the year, and annual rainfall averaging mangrove), Suriana maritima (bay and several rare herbs. Among the latter 75 to 150 cm (30 to 60 in) (Gabler et al. cedar), Manilkara jaimiqui (wild dilly), are Evolvulus convolvuloides (dwarf 1994, p. 211). Freezes can occur in the Jacquinia keyensis (joewood), and bindweed), Cienfuegosia yucatanensis winter months, but are very infrequent Borrichia frutescens (bushy seaside (Yucatan flymallow), Jacquemontia at this latitude in Florida. oxeye) (Florida Natural Areas Inventory pentanthos (skyblue clustervine), and Habitat (FNAI) 2010a, p. 1). Indigofera mucronata var. keyensis Coastal berms are deposited by storm (Florida Keys indigo). These frequently Chromolaena frustrata grows in open waves along low-energy coasts. Their occur with grasses and sedges, such as canopy habitats, including coastal distance inland depends on the height Leptochloa dubia (green sprangletop), berms and coastal rock barrens, and in of the storm surge. Tall berms may be Paspalidium chapmanii (coral semi-open to closed canopy habitats, the product of repeated storm panicum), and Cyperus elegans (royal including buttonwood forests and deposition. Coastal berms that are flatsedge). Spiny species, particularly rockland hammocks. deposited far enough inland and remain the rare Opuntia triacantha (three- Coastal Berm long-undisturbed may in time succeed spined pricklypear), are characteristic to hammock. This is a structurally but their abundance is variable. Other Coastal berms are landscape features variable community that may appear in spiny species include Agave decipiens found along low-energy coastlines in various stages of succession following (false sisal), Acanthocereus tetragonus, south Florida and the Florida Keys. storm disturbance, from scattered and Opuntia stricta (erect pricklypear). Coastal berm is a short forest or shrub herbaceous beach colonizers to a dense Scattered clumps of stunted may thicket found on long, narrow, storm- stand of tall shrubs (FNAI 2010a, p. 2). be present, including Bursera simaruba, deposited ridges of loose sediment Conocarpus erectus, Eugenia foetida, Coastal Rock Barren formed by a mixture of coarse shell and Pithecellobium unguis-cati (catclaw fragments, pieces of coralline algae, and Also known as Keys tidal rock barren blackbead) (FNAI 2010c, p. 1). other coastal debris. These ridges or Keys cactus barren, coastal rock Coastal rock barren occurs above the parallel the shore and may be found on barren is confined to the Florida Keys daily tidal range, but is subject to the seaward edge or landward edge of on limestone bedrock along shores flooding by seawater during extreme the or farther inland facing both Florida Bay and the Straits tides and storm events. Salt spray from depending on the height of the storm of Florida. Coastal rock barrens are flat coastal winds, as well as shallow soils, surge that formed them. They range in rocklands with much exposed and may limit height growth of woody height from 30 to 305 cm (1 to 10 feet eroded limestone, little soil or leaf litter, plants. Aside from bare rock substrate, (ft)). Structure and composition of the and a sparse cover of stunted halophytic discontinuous patches of thin marl soils vegetation is variable depending on herbs and shrubs in tidal rock barrens may be present. Fires are rare to non height and time since the last storm (FNAI 2010b, p. 1), or a wide variety of existent in this community (FNAI event. The most stable berms may share herbs and succulents in cactus barrens 2010b, p. 2). The natural process giving some species with rockland (FNAI 2010c, p. 1). The amount of rise to cactus barrens is not known, but hammocks, but generally have a greater exposed rock varies from practically 0 to because they occur on sites where the proportion of shrubs and herbs. Tree over 50 percent of the area. thin layer of organic soil over limestone species may include Bursera simaruba In tidal rock barrens, patches of low, bedrock is missing, they may have (gumbo limbo), Coccoloba uvifera salt-tolerant herbaceous species include formed by soil erosion following (seagrape), Coccothrinax argentata Borrichia frutescens and B. arborescens destruction of the plant cover by fire, (silver palm), Guapira discolor (blolly), (seaside oxeye), Sarcocornia perennis storm, or artificial clearing (FNAI 2010c, Drypetes diversifolia (milkbark), Genipa (perennial glasswort), Batis maritima p. 2). clusiifolia (seven year apple), and (saltwort), Monanthochloe littoralis At its seaward edge, coastal rock Metopium toxiferum (poisonwood). (shoregrass), Distichlis spicata, barren borders mangrove swamp or salt Characteristic tall shrub and short tree Sporobolus virginicus, and Fimbristylis marshes that are regularly inundated. At species include Eugenia foetida spadicea (marsh fimbry). Conocarpus its upland edge, coastal rock barrens (Spanish stopper), Ximenia americana erectus is the dominant woody plant may grade into rockland hammock or (hog plum), (white and varies from stunted, sprawling, pine rockland (FNAI 2010b, p. 2; 2010c, indigoberry), Pithecellobium keyense multi-stemmed shrubs to tree size. p. 2). (Florida Keys blackbead), and Other typical woody species are celastrinum (saffron plum). Rhizophora mangle, Avicennia Buttonwood Forest Short shrubs and herbs include germinans, Laguncularia racemosa, and Forests dominated by buttonwood Hymenocallis latifolia (perfumed Lycium carolinianum (christmasberry). often exist in upper tidal areas, spiderlily), Capparis flexuosa (bayleaf At the transition to upland vegetation C. especially where mangrove swamp capertree), Lantana involucrata erectus may be joined by a variety of transitions to rockland hammock. These (buttonsage), and Rivina humilis shrubs and stunted trees of inland buttonwood forests have canopy (rougeplant). More seaward berms or woody species, including Sideroxylon dominated by Conocarpus erectus and those more recently affected by storm celastrinum, Gossypium hirsutum (wild often have an understory dominated by deposition may support a suite of plants cotton), Pithecellobium keyense, Borrichia frutescens, Lycium

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carolinianum, and Limonium typically sparse short shrub layer may portion of the hammock unsuitable for carolinianum (sea lavender) (FNAI include Zamia pumila (coontie) and C. frustrata. 2010d, p. 4). Acanthocereus tetragonus. Herbaceous The ecological communities and Temperature, salinity, tidal species are occasionally present and substrate upon which Chromolaena fluctuation, substrate, and wave energy generally sparse in coverage. frustrata is found differ between the influence the size and extent of Characteristic species include Lasiacis mainland populations and those in the buttonwood forests (FNAI 2010e, p. 3). divaricata (smallcane), Oplismenus Florida Keys. The mainland populations Buttonwood forests often grade into salt hirtellus (basketgrass), and many species occur only in Everglades National Park marsh, coastal berm, rockland of ferns (FNAI 2010e, p.1). (ENP), where C. frustrata occurs in hammock, and coastal rock barren Rockland hammock occurs on a thin (FNAI 2010d, p. 5). rockland hammocks and buttonwood layer of highly organic soil covering forest, often occupying the transitional Rockland Hammock limestone on high ground that does not areas (ecotone) between these habitats regularly flood, but it is often dependent Rockland hammock is a species-rich and salt marsh dominated by upon a high water table to keep Conocarpus erectus and salt-tolerant tropical hardwood forest on upland sites humidity levels high. Rockland in areas where limestone is very near species, on marl (an unconsolidated hammocks are frequently located near sedimentary rock or soil consisting of the surface and often exposed. The wetlands; in the Everglades they can forest floor is largely covered by leaf clay and lime) substrate (Sadle 2008 and occur on organic matter that litter with varying amounts of exposed 2012, pers. comm.). In the Florida Keys, accumulates on top of the underlying limestone and has few herbaceous C. frustrata occurs on coastal rock limestone; in the Keys they occur inland species. Rockland hammocks typically barrens, coastal berms, and rockland from tidal flats (FNAI 2010e, p.1). have larger, more mature trees in the hammocks on exposed bare limestone interior, while the margins can be Rockland hammock is susceptible to rock or with a thin layer of leaf litter almost impenetrable in places with fire, frost, canopy disruption, and (Bradley and Gann 1999, p. 37). dense growth of smaller shrubs, trees, ground water reduction. Rockland Chromolaena frustrata is often found in and vines. Typical canopy and hammock can be the advanced the shade of associated canopy and successional stage of pine rockland, subcanopy species include Bursera subcanopy plant species; these canopies especially in cases where rockland simaruba, Lysiloma latisiliquum (false buffer C. frustrata from full exposure to hammock is adjacent to pine rockland. tamarind), Coccoloba diversifolia the sun (Bradley and Gann 1999, p. 37). (pigeon plum), Sideroxylon In such cases, when fire is excluded foetidissimum (false mastic), Ficus from pine rockland for 15 to 25 years, Historical Range aurea (strangler fig), Piscidia piscipula it can succeed to rockland hammock vegetation. Historically, rockland Chromolaena frustrata was (Jamaican dogwood), Ocotea coriacea historically known from Monroe (lancewood), Drypetes diversifolia, hammocks in south Florida evolved with fire in the landscape, fire most County, both on the Florida mainland Simarouba glauca (paradisetree), and the Keys, and in Miami-Dade Sideroxylon salicifolium (willow often extinguished near the edges when County along Florida Bay (Bradley and bustic), Krugiodendron ferreum (black it encountered the hammock’s moist Gann 1999, p. 36). In mainland Monroe ironwood), Exothea paniculata microclimate and litter layer. However, County, C. frustrata was known from (inkwood), Metopium toxiferum, and rockland hammocks are susceptible to the Flamingo area to the Madeira Bay ( damage from fire during extreme area in what is now ENP. In the Florida mahogany). Mature hammocks can be drought or when the water table is Keys, C. frustrata was known from Key open beneath a tall,well-defined canopy lowered. In these cases, fire can cause Largo to Boca Grande Key (Bradley and and subcanopy. More commonly, in less tree mortality and consume the organic Gann 1999, p. 36; Bradley and Gann mature or disturbed hammocks, dense soil layer (FNAI 2010e, p.2). 2004, p. 2). The species was observed woody vegetation of varying heights Rockland hammocks are also sensitive from canopy to short shrubs is often to the strong winds and storm surge historically on Big Pine Key, Boca present. Species that generally make up associated with infrequent hurricanes. Grande Key, Fiesta Key, Key Largo, Key the shrub layers within rockland Canopy damage often occurs, which West, Knight’s Key, Lignumvitae Key, hammock include several species of causes a change in the microclimate of Long Key, Upper Matecumbe Key, and Eugenia (stoppers), Thrinax morrisii and the hammock. Decreased relative Lower Matecumbe Key (Bradley and T. radiata (thatch palms), Amyris humidity and drier soils can leave Gann 1999, p. 36; Bradley and Gann elemifera (sea torchwood), Ardisia rockland hammocks more susceptible to 2004, pp. 4–7). escallonioides (marlberry), Psychotria fire. Rockland hammock can grade into The common name of Chromolaena nervosa (wild coffee), Chrysophyllum glades marsh, mangrove swamp, salt frustrata, Cape Sable thoroughwort, oliviforme (satinleaf), Sabal palmetto marsh, coastal rock barren, pine places it in a locality where it may have (cabbage palm), rockland, maritime hammock, or marl never occurred. Usage of this place (lignum-vitae), Ximenia americana, prairie (FNAI 2010e, p. 2). name may have been referring to the Colubrina elliptica (soldierwood), The sparsely vegetated edges or greater Cape Sable-Flamingo area, and Pithecellobium unguis-cati and interior portions laid open by canopy not specifically to Cape Sable itself. No Pithecellobium keyense, Coccoloba disruption are the areas of rockland additional specimens or verifiable uvifera, and Colubrina arborescens hammock that have light levels reports have documented it on Cable (greenheart). Vines can be common and sufficient to support Chromolaena Sable proper. Other reports of C. include Toxicodendron radicans frustrata. However, the dynamic nature frustrata are also suspect. It was (eastern poison ivy), Smilax auriculata of the habitat means that areas not reported from ‘‘Turner’s River (earleaf greenbrier), Smilax havanensis currently open may become open in the Hammock’’ in Collier County and the (Everglades greenbrier), Parthenocissus future as a result of canopy disruption Ten Thousand Islands area of ENP, but quinquefolia (Virginia creeper), from hurricanes, while areas currently no voucher specimen has ever been Hippocratea volubilis (medicine vine), open may develop more dense canopy located for these collections (Bradley and Morinda royoc (redgal). The over time, eventually rendering that and Gann 2004, p. 7).

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Current Range Madeira Bay (Sadle 2007 and 2012, includes a small portion of ENP, and six pers. comm.). islands in the Florida Keys (Upper In ENP, the species appears to have a In the Florida Keys, Chromolaena Matecumbe Key, Lower Matecumbe distribution approaching what was frustrata has been extirpated from half Key, Lignumvitae Key, Long Key, Big reported historically. Eleven of the islands where it occurred Munson Island, and Boca Grande Key) populations supporting approximately (Bradley and Gann 2004, p. 4). It no (Bradley and Gann 2004, pp. 3–4). 1,500 to 2,500 plants occur in longer occurs on Key Largo, Big Pine Extant populations of C. frustrata are buttonwood forests and rockland Key, Fiesta Key, Knight’s Key, or Key identified in Table 1 and discussed hammocks from the Coastal Prairie Trail West (Bradley and Gann 2004, pp. 4–6). below. near the southern tip of Cape Sable to The current range of C. frustrata

Size Population Ownership Numbers of plants Habitat

Everglades National Park—Fla- Federal—National Park Service... 1634–2633 (Sadle 2012, pers. Buttonwood forest, rockland ham- mingo District. comm.). mock. Upper Matecumbe—Choate Tract State—Florida Department of En- 18 (Bradley and Gann 2004, pp. Coastal rock barren, rockland vironmental Protection. 3–6). hammock. Lower Matecumbe—Klopp Tract ... State—Florida Department of En- 15 (Duquesnel 2012, pers. Coastal rock barren, rockland vironmental Protection. comm.). hammock. Lignumvitae Key ...... State—Florida Department of En- 81 (Bradley and Gann 2004, pp. Rockland hammock. vironmental Protection. 3–6). Long Key State Park ...... State–Florida Department of Envi- 200 (Bradley and Gann 2004, pp. Coastal rockland barren. ronmental Protection. 3–6). Long Key—North Layton Ham- State—Florida Department of En- 162 (Bradley and Gann 2004, pp. Coastal rock barren, rockland mock. vironmental Protection—and 3–6). hammock. Private. Big Munson Island ...... Private ...... 4,500 (Bradley and Gann 2004, Rockland hammock. pp. 3–6). Key West National Wildlife Ref- Federal—Fish and Wildlife Serv- 25 (Bradley and Gann 2004, pp. Rockland hammock. uge—Boca Grande Key. ice. 3–6).

Demographics Consolea corallicola confirmed that the Florida plants are a Consolea corallicola (Family: genetically distinct species. Recent Little is known about the long-term taxonomic treatments accept the genus demographics or population trends of Cactaceae) is a tree-like cactus; mature plants grow 2 meters (m) (6 feet (ft)) tall Consolea and apply the name C. Chromolaena frustrata. Populations with an erect main trunk, which is corallicola to the Florida species may experience declines due to the elliptical or oval in cross section and (Areces-Mallea 1996, pp. 224–226; effects of hurricanes and storm surges, armed with spines. Near the top of the Anderson 2001, pp. 170–171; Parfitt and but the species appears to be able to plant there is a dense cluster of Gibson 2004a, pp. 92–94). Synonyms rebound at affected sites within a few branches. The stem branches (pads) are include Opuntia corallicola (Small) years. For example, after Hurricane green, elliptical, relatively thin, often Werdermann (Parfitt and Gibson 2004, Wilma in 2005, some populations of C. curved, and 12 to 30 cm (5 to 12 in) p. 94). frustrata vanished and the habitat at long. The spines are in clusters of five Climate these sites was significantly altered due to nine, 7 to 11 cm (2.8 to 4.7 in) long, to hurricane storm surge (Duquesnel needle-like, with one of the spines The climate of south Florida where 2005, pers. comm.; Bradley 2007, pers. much longer than the others. Spines on Consolea corallicola occurs is classified comm.; Maschinski 2007, pers. comm.). the main stems of older plants are as tropical savanna, as described above However, it appears that the species is enlarged. The flowers are bright red and for Chromolaena frustrata. returning at these locations (Bradley 1.3 to 1.9 cm (0.50 to 0.75 in) wide, and 2009, pers. comm.). Furthermore, the fruits are yellow, egg-shaped, and Habitat canopy disturbance may also benefit the 2.5 to 5.1 cm (1 to 2 in) long (Small Consolea corallicola occurs in species, as it has been speculated that 1930, pp. 25–26; Anderson 2001, pp. 170–171). rockland hammocks near sea level the large number of plants observed at (Small 1930, pp. 25–26; Benson 1982, p. Big Munson Island in 2003 was due to Taxonomy 531) and in buttonwood forests in the thinning of the hammock canopy caused transitional area between rockland by Hurricane Georges in 1998 (Bradley John Kunkel Small discovered and described Consolea corallicola in 1930 hammocks and mangrove swamps and Gann 2004, p. 4). (Small 1930, pp. 25–26). In 1971, Long (Bradley and Gann 1999, p. 77; Gann et Reproductive Biology and Genetics and Lakela (1971, p. 626) reassigned the al. 2002, p. 480; Higgins 2007, pers. plants occurring in the Florida Keys to comm.). These community types are The reproductive biology and genetics Opuntia spinosissima Miller, a species described above for Chromolaena of Chromolaena frustrata have not been restricted to the Blue Hills of south frustrata. Consolea corallicola occurs on studied (Bradley and Gann 1999, p. 37). coastal . Austin et al. (1998, pp. sandy soils and limestone rockland soils We have no other information available 151–158) determined that the plants in with little organic matter (Small 1930, regarding the ecology of the species Florida are morphologically distinct pp. 25–26) and seems to prefer areas beyond the habitat preferences and from O. spinosissima and retained them where canopy cover and sun exposure demographic trends discussed above. as O. corallicola. Genetic studies by are moderate (Grahl and Bradley 2005, Gordon and Kubisiak (1998, p. 209) p. 4).

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Historical Range although the cause of its loss is corallicola was also reintroduced at Consolea corallicola was known unknown (Bradley and Woodmansee several sites in the Florida Keys, and historically from three islands of the 2002, p. 810). plants survive at two of these sites on State-owned lands (Stiling 2009, pers. Florida Keys in Monroe County (Small Current Range 1930, pp. 25–26) and one small island comm.; Stiling 2010, p. 1; Duquesnel in Biscayne Bay in Miami-Dade County The current range of Consolea 2011a,b, pers. comm.). Both sites (Bradley and Woodmansee 2002, p. corallicola includes two naturally together represent fewer than 50 plants. 810). A population on the southeast occurring populations, one in Biscayne A survey of other areas containing portion of Big Pine Key in the Florida National Park (BNP; Miami-Dade suitable habitat in BNP was undertaken Keys (Small 1921, p. 50) was extirpated County) and one on a small island in the in 2002 and 2003, to locate additional by the 1960s, as a result of road building Florida Keys (Monroe County) (Bradley populations, but none were found and ‘‘collecting by cactus enthusiasts’’ and Gann 1999, p. 77; Bradley and (Bradley and Koop 2003, p. 2). (Bradley and Gann 1999, p. 77). A Woodmansee 2002, p. 810). These Extant populations of Consolea population known from Key Largo in naturally occurring populations account corallicola are provided in Table 2 and the Florida Keys was also extirpated, for fewer than 1,000 plants. Consolea are discussed below.

TABLE 2—EXTANT POPULATIONS OF CONSOLEA CORALLICOLA

Population Ownership Size Habitat Trend

Biscayne National Park ...... Federal—National Park Serv- 600 (McDonough 2010a, pers. rockland hammock Stable. ice. comm.). Island in Florida Keys ...... Private—The Nature Conser- 9 to 11 adults, 100s of juve- rockland hammock, rockland Declining. vancy. niles (Gun 2012, pers. hammock–buttonwood forest comm.). ecotone. Island in Florida Keys (reintro- State—Florida Department of 40 juveniles (Duquesnel buttonwood forest–saltmarsh Declining. duced). Environmental Protection. 2011a, pers. comm.). ecotone, coastal rock barren. Island in Florida Keys (reintro- State—Florida Fish and Wild- 7 juveniles (Stiling 2010, p.1) .. Unknown Declining. duced). life Conservation Commis- sion.

Reintroductions (Negro´n-Ortiz 1998, p. 208). Survival small amount of variation between the Experimental plantings of Consolea rates of fallen pads in research two remaining wild populations, corallicola were conducted at several populations are low due to rot and suggesting the possibility that they sites on State and Federal conservation Cactoblastis moth damage (Stiling 2010, originated from different parent plants lands in the Florida Keys from 1996 to p. 193; see Summary of Factors (Lewis 2007, p. 3). Likewise, Cariaga et 2004. However, these plantings were Affecting the Species below). al. (2005, p. 225) found that a single largely unsuccessful (with most plants Production of seeds is rare and the few plant collected by George Avery in 1963 succumbing to Cactoblastis moth seeds that have been observed are from Big Pine Key and maintained at damage or rot), and plants currently thought to be the product of asexual Fairchild Tropical Botanical Gardens remain at only two of these sites, one of seed reproduction (agamospermy) was a unique genotype, but Lewis (2007, which is inundated too frequently (Negro´n-Ortiz 1998, p. 211). Two pp. 6–7) found it to be identical to the during high tides to be favorable for hypotheses have been suggested to plants from the other populations. Thus, population expansion (Duquesnel 2008, explain the lack of seed production of C. corallicola has extremely limited 2009, 2011a,b, pers. comm.; Stiling C. corallicola. The first hypothesis is genetic diversity, consisting of just one 2007, p. 2; Stiling 2009, pers. comm.; that the species is a sterile polyploid to three genetic lines. (abnormal cell division that results in Stiling 2010, pp. 2, 193–194). Demographics more than two sets of chromosomes) Reproductive Biology and Genetics (Negro´n-Ortı´z 1998, p. 212). An Annual monitoring has provided a Consolea corallicola flowering occurs alternative hypothesis is the dioecious perspective on the population structure throughout the year, but peaks in breeding system of C. corallicola. All and dynamics of Consolea corallicola. February and March (Bradley and Koop plants in the known populations The wild population at BNP was 2003, p. 2). Plants of C. corallicola are produce only male flowers, and no monitored from 2002 to 2005. At the functionally dioecious (i.e., with male female individuals have ever been beginning of the study, the population and female flowers on separate plants), located. As a result, all existing consisted of 655 plants. At the end of but the flowers give the appearance of occurrences of C. corallicola appear to the 3-year study in 2005, 594 plants a species that is hermaphroditic with be incapable of sexual reproduction at were alive, and 61 had died (9 percent perfect flowers (i.e., each flower this time (Negro´n-Ortiz and Strittmatter decline). Only 8 percent of plants produces stamens and ovules) (Negro´n- 2004, p. 22). produced flowers, and plants grew very Ortiz and Strittmatter 2004, p. 22; Cariaga et al. (2005, pp. 225–230) slowly (about 1.2 cm (0.5 in) per year) Negro´n-Ortiz 2007a, p. 3; 2007b, p. found no genetic diversity within the (Grahl and Bradley 2005, pp. 4–5). From 1362). two remaining wild populations of 2008 to 2010, the population was Sexual reproduction has not been Consolea corallicola and concluded that estimated to number approximately 600 observed in Consolea corallicola. All all plants within each population are individuals (McDonough 2010a, pers. documented C. corallicola reproduction likely derived clonally from a single comm.). Annual fluctuations in the has been vegetative (clonal), with new parent plant. These data support asexual number of plants is largely due to plants originating from pads that fall propagation as the reproductive strategy mortality of branches (pads) that fall from larger plants and take root of C. corallicola. However, there is a from the larger plants but fail to

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permanently establish (McDonough been proposed over the years. The Eugenia foetida, Guapira discolor, 2010a, pers. comm.). Overall, the genus-level placement of H. aboriginum Zanthoxylum fagara (wild lime), number of plants comprising this and other Florida relatives has been in Pithecellobium keyense, Chrysobalanus population appears to be stable (Bradley flux since they were first described, icaco (coco plum), Dalbergia and Koop 2003, p. 2; Grahl and Bradley with some authors placing them in the ecastaphyllum (coinvine), Sophora 2005, p. 2; McDonough 2010a, pers. large and variable genus Cereus (i.e. tomentosa var. truncata (yellow comm.). Benson 1969, p. 126), and others necklacepod), Caesalpinia bonduc (gray Population decline has been shown in segregating them into the smaller nicker), Sideroxylon celastrinum, and a wild population on an island in the Harrisia genus. Recent authors have Jacquinia keyensis, (FNAI 2010f, p. 2). Florida Keys, which now consists of 9 included the Florida species in the Soils are deep, well-drained sands to 11 adult plants (defined as plants genus Harrisia (Hooten 1991, pp. 64–66; and may be somewhat alkaline, greater than 91.4 cm (3 ft) tall) and Anderson 2001, p. 370; Ward 2004, pp. consisting of quartz sand mixed with hundreds of small juveniles originating 365–371; Parfitt and Gibson 2004b, pp. varying proportions of shell fragments from fallen pads. Overall, the number of 150–153; Wunderlin and Hansen 2008, (FNAI 2010f, p. 2). adult plants in this population has pp. 1–2). Storm waves periodically destroy declined more than 50 percent over the Based upon the best available dunes and the coastal strand behind past 10 years, due to crown rot and scientific information, Harrisia them, with the resulting bare area being damage caused by the Cactoblastis moth aboriginum is a distinct taxon, endemic recolonized first by pioneer beach and hurricanes (Higgins 2007, pers. to the west coast of Florida. Synonyms species and then by coastal grassland. comm.; Gun 2012, pers. comm.; see include Cereus aboriginum (Small ex The resulting coastal grassland is in turn Summary of Factors Affecting the Britton and Rose) Little, C. gracilis var. invaded by patches of woody species, Species below). aboriginus (Small ex Britton and Rose) which eventually coalesce into a L. D. Benson, and Harrisia donae- continuous woody community of Harrisia aboriginum antoniae Hooten (Parfitt and Gibson coastal strand. Natural disturbances, Description 2004b, p. 153). such as strong winds and storm surge associated with hurricanes, or hard Harrisia aboriginum (Family: Climate freezes, serve to open up coastal strand Cactaceae) is a sprawling cactus, usually The climate of south Florida where canopies. There is little information on with multiple stems arising from a Harrisia aboriginum occurs is classified natural fire frequency in coastal strand single base. The stems are erect, slender, as tropical savanna as described above (FNAI 2010f, p. 2). and cylindrical. They possess 9 to 11 for Chromolaena frustrata. Coastal strand is distinguished from longitudinal ribs, and may reach 6 m (20 maritime hammock by the absence of ft) in height. Spines are 1.0 cm (0.4 in) Habitat distinct tree canopy and understory long and originate in clusters of seven Harrisia aboriginum occurs on coastal layers. It is distinguished from coastal to nine spines. Flowers are funnel- berms, coastal strand, coastal grasslands berm and shell mound by its occurrence shaped, white, up to 15 cm (5.9 in) long, and maritime hammocks, with a sand on sand deposits along a high-energy and have a slight scent. The inside of substrate. It also occurs on shell mounds sandy coast, rather than on shell the flower is lined with stiff, brown with a calcareous shell substrate deposits along a low-energy, mangrove- hairs. Fruits are yellow, round in shape, (Bradley et al. 2004, pp. 4, 14). The dominated coast. It is distinguished and 6.1 to 7.6 cm (2.4 to 3.0 in) in coastal berm community is described from coastal grassland by the diameter (Small in Britton and Rose above for Chromolaena frustrata. dominance of woody, rather than 1920, p. 154; Anderson 2001, p. 370; Harrisia aboriginum growing in coastal herbaceous, species. Parfitt and Gibson 2004b, p. 153). Each berm habitat sometimes occur close to Coastal Grassland fruit contains hundreds of small black the mangrove zone, but never within it. seeds. Plants in full to partial sun Coastal grassland is a predominantly typically consist of several stems from a Coastal Strand herbaceous community occupying the single base. Plants shaded by overstory Coastal strand is an evergreen shrub drier portions of the transition zone vegetation usually have stems that tend community growing on stabilized between beach dunes on the immediate to be slender and taller. These slender coastal dunes. It is usually the first coast and communities dominated by stems will topple over and eventually woody plant community inland from woody species, such as coastal strand or recorrect their growth upward, or they the coast. On the southwest Gulf coast maritime hammock, farther inland. It may reproduce new upright stems along of Florida, coastal strand is patchily occurs primarily on the broader barrier the prostrate stems. Some of the distributed. It usually develops as a islands and capes along the sandy coasts prostrate stems deteriorate over time, band between dunes dominated by of Florida. The specialized dune obscuring the clonal origin (single Uniola paniculata (sea oats) along the building grasses of the beach dune source) of upright stems. This results in immediate coast, and maritime community, Uniola paniculata, more diffuse groupings of clonal stems hammock, scrub, or mangrove swamp Panicum amarum (bitter panicgrass), leaning at various angles (Bender 2011, communities farther inland. On broad and Spartina patens (saltmeadow p. 18). barrier islands, it may also occur as cordgrass), are usually present, along patches of shrubs within a coastal with a variety of other herbaceous Taxonomy grassland matrix (FNAI 2010f, p. 2). species typically found on more stable Harrisia aboriginum was described by On the southwest Gulf coast of soils, such as Andropogon and John Kunkel Small, after he discovered Florida, the species composition of Schizachyrium (bluestem grasses), it in Manatee County in 1919 (Small in coastal strand consists of tropical plant Heterotheca subaxillaris Britton and Rose 1920, p. 154). This species, including Coccoloba uvifera, (camphorweed), and Smilax auriculata. name is still in use (Parfitt and Gibson Forestiera segregata (Florida On the southwest Gulf coast, a 2004b, p. 153; Wunderlin and Hansen swampprivet), Rapanea punctata distinctive coastal grassland community 2008, pp. 1–2), although possible (myrsine), Lantana involucrata, Randia is found on the broad barrier islands alternative names for the species have aculeata, Chiococca alba (snowberry), such as Cayo Costa, North Captiva, and

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formerly Captiva and Sanibel. It consists escallonioides, Psychotria nervosa, strictly tropical than that of maritime of a short, dense sward (a portion of Chiococca alba, and Randia aculeata. hammocks on sandy substrates in the ground covered with grass) of Bouteloua Cacti and other spiny species, such as same region. South Florida shell hirsuta (hairy grama). Other species Agave sisalana (sisal) and mounds are often characterized by present include Acanthocereus tetragonus, may also be tropical tree species such as Bursera (beach creeper), Opuntia stricta, and present. The herb layer is sparse to simaruba, Eugenia axillaris, Amyris Lantana depressa var. sanibelensis (Gulf absent (FNAI 2010h, entire). elemifera, Zanthoxylum fagara, Coast Florida lantana) (FNAI 2010g, Maritime hammock occurs on deep, Sideroxylon foetidissimum, Exothea entire). well-drained, acid quartz sands, or well- paniculata, Ficus aurea, and Ocotea Coastal grassland develops either as a drained, moderately alkaline, quartz coriacea. Characteristic shrub species barrier island builds seaward, sands mixed with shell fragments (FNAI include Chiococca alba, Forestiera developing new dune ridges along the 2010h, entire). segregata, and Sideroxylon celastrinum. shore that protect the inland ridges from Due to their coastal location with Shell mounds may have vegetation sand burial and salt spray, or as a beach water barriers on at least one, if not two similar to tropical or temperate types of recovers after storm overwash and a sides, fire was probably naturally rare maritime hammock, but differ in that new foredune ridge builds up along the and very spotty in maritime hammock, they grow on pure shells rather than shore, protecting the overwashed area especially on the narrower barrier sand or sand mixed with shell fragments behind it from sand burial and salt islands. Maritime hammocks are (FNAI 2010i, entire). spray. As time passes, absent further principally influenced by wind-borne In the habitats described above, storms, the coastal grassland community salt spray, storm waves, and sand burial. Harrissia aboriginum seems to prefer itself will gradually be replaced by If storm waves destroy the protective areas where canopy cover is open to woody species to form scrub, coastal dunes seaward of the hammock, sand partially closed (Fellows et al. 2001, p. strand, or maritime hammock can blow inland, burying the trees. In 3; Woodmansee et al. 2007, p. 115). communities (FNAI 2010g, entire). addition to physical destruction by Mortality of plants growing in deep Fire is naturally rare and localized in storm waves, hammock trees are shade under fully closed canopy has this community, with water barriers and susceptible to being killed by standing been observed (Bradley et al. 2004, p. sparse fuels combining to limit its salt water deposited in low areas by 11; Bender 2011, p. 5). Plants growing spread (FNAI 2010g, entire). storm surge (FNAI 2010h, entire). in open to partially closed canopy sites Coastal grassland is distinguished Tropical maritime hammock can be tend to be more robust and produce from the beach dune community by its distinguished from rockland hammock more flowers and fruits (Bender 2011, p. position inland from the immediate by their occurrence on sand substrate, 17; Conrad 2012, pers. comm.). coastline and the presence of a variety rather than limestone. They may be Historical Range of grasses, forbs, and pioneer dune- similar in species composition to coastal building grasses. It differs from coastal berm, being distinguished primarily by Harrisia aboriginum was known berm in its position on a sandy coast, location along a high wave energy sandy historically from coastal areas of rather than on a storm-deposited shell coast, rather than a low-energy, southwest Florida along the Gulf coast ridge on a mangrove-dominated mangrove-dominated coast, and the in Manatee, Charlotte, Sarasota, and Lee shoreline. Coastal grassland is presence of a distinct canopy layer. Counties. The species was documented distinguished from coastal strand and They are very similar to shell mounds on six keys along approximately 125 km maritime hammock in being dominated in species composition, being (78 mi) of Gulf coastline. Populations by herbaceous, rather than woody, distinguished by their occurrence on a reported for Delnor-Wiggins Pass State species (FNAI 2010g, entire). natural sand deposit rather than on pure Park, San Marco Island, Fort Pierce, and shell (FNAI 2010h, entire). ENP are considered unsubstantiated Maritime Hammock (Bradley et al. 2004, pp. 5–6). Maritime hammock is a Shell Mound predominantly evergreen hardwood Shell mounds are small hills, usually Current Range forest growing on stabilized coastal in coastal locations, composed entirely A 2004 status survey confirmed 10 dunes lying at varying distances from of shells (clams, oysters, whelks) extant populations along a 100-km (62- the shore. On the southwest Gulf coast discarded by generations of Native mile) stretch of coast (Bradley et al. of Florida, most of the barrier islands Americans. Shell mounds are found 2004, p. 8), one of which has since been and peninsulas are long and narrow along the coast throughout Florida and extirpated (Nielsen 2009, pers. comm.). with correspondingly small, narrow range westward and northward along The species is extirpated in the northern areas of hammock. Maritime hammock the coastlines of the southeastern extent of its historic range in Manatee is best developed on the few broad . Originally, there were County (Bradley et al. 2004, pp. 3, 8–9). islands, including Caladesi, Cayo Costa, many such shell mounds along coastal Currently 12 sites support extant North Captiva, and the inner barrier lagoons and at the mouths of rivers, but populations. Plants occur on seven islands at Stump Pass and Keewaydin most were destroyed for road building public and private conservation areas, Island (FNAI 2010h, entire). in the early part of the last century. A four County parcels not managed for Canopy species include Cococarpus rich, calcareous soil develops on the conservation, and at least three erectus, Piscidia piscipula, Bursera deposited shells, which supports a unprotected private parcels. In total, the simaruba, Sideroxylon foetidissimum, diverse hardwood forest on undisturbed species was represented by an estimated Exothea paniculata, Eugenia axillaris mounds. Several shell mounds are now 300 to 500 individuals in 2007 (white stopper), Ficus aurea, Coccoloba surrounded by mangroves, evidence that (Woodmansee et al. 2007, p. 87). uvifera, Eugenia foetida, and they were built when sea level was Besides a few anecdotal accounts, Pithecellobium keyense; shrubs include lower than today (FNAI 2010i, entire). population trends were unknown prior Rapanea punctata, Myrcianthes The plant species composition of to 2004. Extant populations of Harrisia fragrans (Simpson’s stopper), Ardisia shell mound forests tends to be more aboriginum are provided in Table 3.

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TABLE 3—EXTANT POPULATIONS OF Harrisia aboriginum

Popu- lation No. Ownership Size (Number of plants) Trend Habitat

1 ...... Private conservation ...... 5 (Woodmansee et al. 2007, p. 87) ...... declining ...... maritime hammock. 2 ...... Private conservation ...... 5 (Woodmansee et al. 2007, p. 87) ...... declining ...... shell mound. 3 ...... Sarasota County ...... 50–75 (Woodmansee et al. 2007, p. 87) ... declining ...... coastal strand, coastal berm. 4 ...... Sarasota County ...... 3 (Bender 2011, pp. 9–12) ...... unknown ...... spoil mound. 5 ...... Private ...... at least 13 (Woodmansee et al. 2007, p. declining ...... coastal strand, coastal berm. 87). 6 ...... State—Florida Department of Envi- 27 (Woodmansee et al. 2007, p. 87) ...... declining ...... coastal berm, shell mound. ronmental Protection. 7 ...... Private and Charlotte County ...... approx. 10 (Bradley et al. 2004, pp. 10– unknown ...... coastal berm. 37). 8 ...... Private Conservation ...... 1 (Bradley et al. 2004, pp. 10–37) ...... unknown ...... coastal berm. 9 ...... Lee County ...... 1 (Woodmansee et al. 2007, p. 87) ...... stable ...... spoil mound. 10 ...... Lee County ...... 4 (Woodmansee et al. 2007, p. 87) ...... declining ...... coastal berm. 11 ...... Lee County ...... 300–400 (Woodmansee et al. 2007, p. 87) stable ...... coastal berm. 12 ...... Federal—Fish and Wildlife Service ... 100–200 (Bradley et al. 2004, pp. 10–37) stable ...... coastal berm.

Reproductive Biology and Population applied to these three plants is species’ range (Gann et al. 2002, p. 387). Genetics discussed below. The populations on Fiesta Key, Knights Key, Key Largo, and Key West were lost A. The Present or Threatened There has been little research into the due to development. Fiesta Key is Destruction, Modification, or reproductive biology of Harrisia completely developed as a Curtailment of Its Habitat or Range aboriginum. Flowers are produced May Kampgrounds of America (KOA) through September. Ripe fruits have Human Population Growth and campground and is devoid of native been observed from June through Development plant communities. Knights Key is October. In some populations, fruits are almost completely developed and has frequently removed from plants by Destruction and modification of habitat are a threat to Chromolaena no remaining suitable habitat (Bradley unknown animals (Fellows et al. 2001, and Gann 2004, p. 5). Key Largo has p. 2). Observations suggest that frustrata, Consolea corallicola, and Harrisia aboriginum. Terrestrial undergone extensive disturbance and establishment of new plants is likely an development. Although suitable coastal infrequent event. Seedlings are rarely ecosystems of south Florida have been heavily impacted by humans, through berm and rockland hammock habitat are observed. Plant fragmentation has been widespread clearing for agricultural, still located in State and Federal observed, suggesting that this could be residential, commercial, and conservation sites on Key Largo a dispersal mechanism. New clonal infrastructure development. Extensive (Bradley and Gann 2004, p. 8), despite plants are observed to arise from small areas of rockland hammock, pine extensive surveys of the island C. stem fragments ranging from 5.1 to 7.6 rockland, and other ecosystems have frustrata has not been located (Bradley cm (2 to 3 in) in length (Bender 2011, been lost (Solecki 2001, p. 350; Hodges and Gann 2004, p. 5). p. 17). Establishment from plant and Bradley 2006, p. 6). Because of their Two Chromolaena frustrata fragments is probably more frequent proximity to the beach and relatively populations, including the largest than from seed (Fellows et al. 2001, p. higher elevations, coastal hammocks, population, are located on privately 2). There have been no genetic studies strands, and berms have been heavily owned sites, which are vulnerable to of H. aboriginum. impacted by residential and tourism further development (Bradley and Gann Summary of Factors Affecting the development. As a result, only isolated 2004, p. 7; Table 1). The statewide Species fragments of these habitats remain population of C. frustrata was estimated (Bradley et al. 2004, pp. 3–4). Loss and at fewer than 5,000 plants in 2004, but Section 4 of the Act (16 U.S.C. 1533) modification of coastal habitat due to 4,500 plants (90 percent) are located at and its implementing regulations at 50 development is expected to continue a single, privately owned, unprotected CFR part 424 set forth the procedures and increase in the coming decades in site (Bradley and Gann 2004, p. 7). The for adding species to the Federal Lists Florida (Zwick and Carr 2006, p. 13). site, Big Munson Island, is owned by the of Endangered and Threatened Wildlife Species populations are more secure on Boy Scouts of America (BSA) and is and Plants. Under section 4(a)(1) of the public lands than on private lands, but utilized as a Boy Scout Camp. Scout Act, we may list a species based on any still face the threats of habitat loss and campsites have been established along of the following five factors: (A) The modification through development of the coastal berm (Hodges and Bradley present or threatened destruction, public facilities such as new buildings, 2006, p. 10), and recreation modification, or curtailment of its parking lots, and other associated development (campsites) and possibly habitat or range; (B) overutilization for facilities and through recreational recreational activities (trampling) commercial, recreational, scientific, or opportunities to support visitor services. potentially remain a threat to C. educational purposes; (C) disease or Impacts to each of the species are frustrata at this site. At this time, we do predation; (D) the inadequacy of discussed below. not believe that this site faces threats existing regulatory mechanisms; and (E) from residential or commercial other natural or manmade factors Chromolaena frustrata development. However, if development affecting its continued existence. Listing Habitat destruction and modification pressure and BSA recreational usage actions may be warranted based on any resulting from development are increase, this largest population may of the above threat factors, singly or in considered a major threat to face threats from habitat loss and combination. Each of these factors as Chromolaena frustrata throughout the modification.

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The population on Long Key at colonized by early Western Europeans extend onto adjacent unprotected, Layton Hammock is vulnerable to because of their higher elevation and private lands (Bradley et al. 2004, pp. commercial or residential development were later extensively utilized for 16, 36). (Bradley and Gann 2004, pp. 3–20). In construction material, in some cases Populations on privately owned addition, development remains a threat resulting in the complete destruction of conservation sites may have inadequate to any suitable rock barren or rockland the habitat. Coastal hammocks, strands, protection from habitat loss or hammock habitat on private lands and berms, because of their proximity to modification as well. One such site that within the species’ historic range. the beach and higher elevations, were was declared a ‘‘Preserve’’ in 1992 as Overall, the human population in also used for coastal residential part of a residential community has no Monroe County is expected to increase construction. Only isolated fragments of formal protection; it was partially from 79,589 to more than 92,287 people suitable habitat for H. aboriginum bulldozed and landscaped with native by 2060 (Zwick and Carr 2006, p. 21). remain (Bradley et al. 2004, p. 3). species within the past 10 years All vacant land in the Florida Keys is The species was extirpated from the (Bradley et al. 2004, p. 10). The number projected to be developed by then, northern extent of its range in Manatee of plants observed at this ‘‘Preserve’’ site including lands not currently accessible County by the 1970s, due to decreased from 226 plants in 1981 by automobile (Zwick and Carr 2006, p. urbanization (Morris and Miller 1981, p. (Morris and Miller 1981, p. 5), to 5 14). 2; Austin 1984, p. 69). Despite the plants in 2006 (Woodmansee et al. 2007, Chromolaena frustrata populations in recent downturn in residential p. 87). Another site is owned by a conservation areas have been impacted construction, coastal development is nonprofit organization and managed for and may continue to be impacted by ongoing in the habitat of H. aboriginum. historical preservation. The site is development with increased public use. Populations on private land or non- severely disturbed from a long history of Mechanical disturbances such as trail conservation public land are most human activity and is currently open to construction in coastal berms may have vulnerable to habitat loss. Threats public visitation (Woodmansee et al. exacerbated nonnative plant invasions include residential development, road 2007, p. 103). This population has (see Factor E discussion below) (Bradley widening, and landscape maintenance declined over the past 30 years from 21 and Gann 2004, p. 4). C. frustrata has (Morris and Miller 1981, pp. 2–11; stems comprising 7 plants in 1981 been impacted by park development on Bradley et al. 2004, pp. 36–37). Suitable (Morris and Miller 1981, p. 4), to only State lands, and habitat modifications habitat within the species’ range was 3 plants in 2003 (Bradley et al. 2004, p. such as mowing and trail maintenance recently destroyed by encroachment 13). Development of the site for public remain a threat (Gann et al. 2002, p. 391; from a private development onto State visitation likely played a role in the Bradley and Gann 2004, p. 6; Hodges land (FNAI 2011a, pp. 207–208). The decline (Morris and Miller 1981, p. 4). and Bradley 2006, p. 30). threats of habitat loss, modification, and Other Conservation Efforts degradation are expected to increase Consolea corallicola with increased human population, The National Wildlife Refuge System Destruction and modification of development pressure, and Improvement Act of 1997 and the Fish habitat from development throughout infrastructure needs. Sarasota, Charlotte, and Wildlife Service Manual (601 FW 3, the species’ range continue to be a threat and Lee Counties, where this plant 602 FW 3) require maintaining to Consolea corallicola. Unoccupied currently occurs, are expected to build biological integrity and diversity, suitable habitat throughout the species’ out before 2060 (Zwick and Carr 2006, comprehensive conservation planning former range is under intense p. 13), placing further pressure on for each refuge, and set standards to development pressure. Development remaining natural areas. ensure that all uses of refuges are and road building were the causes of Populations located on public lands compatible with their purposes and the this species’ original extirpation on Big are better protected than those on Refuge System’s wildlife conservation Pine Key (Bradley and Gann 1999, p. 77; private land, but still may face the threat mission. The comprehensive Bradley and Woodmansee 2002, p. 810). of habitat loss through development of conservation plans (CCP) address Residential and commercial park facilities such as new buildings, conservation of fish, wildlife, and plant development and roadway construction parking lots, and trails (Morris and resources and their related habitats, continue to occur throughout Miami- Miller 1981, p. 4). Construction of new while providing opportunities for Dade County and the Florida Keys. Both bathrooms in 2011 at a site owned by compatible wildlife-dependent remaining wild populations are secure Sarasota County eliminated a portion of recreation uses. An overriding from habitat destruction because they the coastal berm habitat, and parking lot consideration reflected in these plans is are located within private and Federal renovations are planned for 2012 at a that fish and wildlife conservation has conservation areas. However, at one second County site where Harrisia first priority in refuge management, and State-owned site where a reintroduction aboriginum occurs (Bender 2011, p. 11). that public use be allowed and was attempted, all of the plants were Not all land managers are aware of the encouraged as long as it is compatible accidentally destroyed by the expansion presence of H. aboriginum at sites under with, or does not detract from, the of a trail. their jurisdiction; for example, managers Refuge System mission and refuge at one site in Charlotte County were purpose(s). Harrisia aboriginum unaware of H. aboriginum on county The CCP for the Lower Florida Keys Destruction and modification of lands (Bender 2011, p. 13). National Wildlife Refuges (National Key habitat from development throughout Nevertheless, the population has Deer Refuge, Key West National Wildlife the species’ range continue to be a threat persisted, probably due to its anonymity Refuge, and Great White Heron National to Harrisia aboriginum. The coastal and difficulty of access. The lack of Wildlife Refuge) provides a description habitats of this species have been management, however, has allowed a of the environment and priority heavily impacted by development over heavy infestation of nonnative plants, resource issues that were considered in the past 50 years (Morris and Miller which have modified the habitat and are developing the objectives and strategies 1981, pp. 1–11; Bradley et al. 2004, p. shading out H. aboriginum (Bender that guide management over the next 15 3). Shell mounds created by Native 2011, p. 13). Portions of at least two years. The CCP promotes the Americans were among the first areas populations located on public land also enhancement of wildlife populations by

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maintaining and enhancing a diversity aboriginum (Austin et al. 1980, p. 2; (1981, pp. 1–11) at several sites. and abundance of habitats for native Morris and Miller 1981, pp. 1–11; Gann Evidence of poaching was recently plants and animals, especially imperiled et al. 2002, p. 481; Bradley et al. 2004, observed at a site in Sarasota County species that are only found in the p. 6; Bender 2011, p. 5). Cactus that has high public visitation. At that Florida Keys. The CCP also provides for poaching is an international site, there was evidence that cuttings obtaining baseline data and monitoring phenomenon. Cacti are frequently had been removed from multiple H. indicator species to detect changes in impacted at sites that are known and aboriginum plants at numerous different ecosystem diversity and integrity related easily accessed by poachers (Anderson times (Bender 2011, pp. 5–6). to climate change. In the Lower Key 2001, pp. 73–78). The rarity of C. Refuges CCP management objective no. corallicola and H. aboriginum, coupled Chromolaena frustrata 16 provides specifically for maintaining with their showy flowers, make these We have no evidence suggesting that and expanding populations of candidate cacti particularly desirable to collectors. overutilization for commercial, plant species including Chromolaena Seeds of H. aboriginum and H. fragrans recreational, scientific, or educational frustrata and (the fragrant prickly-apple, a federally purposes are a threat to Chromolaena listed endangered cactus (listed as frustrata. Except for its rarity, the Consolea corallicola Cereus eriophorus var. fragrans) from species does not possess any attributes Special Use Permits (SUPs) are also Florida’s east coast) are currently that would make it desirable to issued by the Refuges as authorized by offered for sale by online plant collectors, such as showy foliage or the National Wildlife Refuge System distributors, demonstrating that a flowers, and there are no known Administration Act (16 U.S.C. 668dd– demand exists for these cacti from medicinal, culinary, or religious uses for ee) as amended, and the Refuge collectors. The severity of the threat of this species. Recreation Act (16 U.S.C. 460k–460k–4). poaching is exacerbated by the fact that The SUPs cover commercial activities some populations of these cacti are Summary of Factor B (such as guiding hunters, anglers or limited to just a few individual plants. In summary, based on our analysis of other outdoor users, commercial These smaller populations could easily the best available scientific and filming, agriculture, cabins, and be extirpated by a single poaching commercial information we find that trapping); research and monitoring by episode. collecting for commercial or scientific students, universities, or other non- Consolea corallicola reasons or recreational activities is not Service organizations; and general use a threat to Chromolaena frustrata in any (woodcutting, miscellaneous events Collecting by cactus hobbyists is portion of its range at this time and is (fishing tournaments, one-time events, suspected to have played a part in the not likely to become so in the future. other special events), cabins/subsistence extirpation of Consolea corallicola from We find that overutilization by cabins, education activity). The Service Big Pine Key and Key Largo in the late poachers is a major threat to Consolea has no information concerning the 1970s, and poaching remains a major corallicola and Harrisia aboriginum. effects of the issuance of SUPs for any threat to this species (Gann et al. 2002, There is a current market for these cacti of the three species. p. 481). Other species of Consolea are and evidence of ongoing collecting currently offered for sale by online plant Summary of Factor A activity such that it is reasonable to distributors. Probable evidence of conclude that collecting has caused In summary, the decline of poaching activity was observed at a site declines and extirpation of populations. Chromolaena frustrata, Consolea in Monroe County on multiple All populations of C. corallicola and H. corallicola, and Harrisia aboriginum occasions, and caused the death of one aboriginum are vulnerable to this habitat is the result of threats that have C. corallicola plant (Slapcinsky et al. ongoing threat; however, populations at operated in the past, are impacting these 2006, p. 3). Although the remaining sites that are easily accessible to the species now, and will continue to populations are somewhat protected public likely face the greatest threat impact these species in the future. It is due to their location on conservation from collectors. The small number of reasonable to conclude that the changes lands, these plants remain vulnerable to remaining plants at most sites in the habitats historically and currently illegal collection because the sites are exacerbates this threat; smaller occupied by the species are the cause of remote and not patrolled regularly by populations could be completely lost to observed population-level declines. The enforcement personnel. a single collection episode. The areas decline of these species is primarily the Collection for scientific and recovery that support these cacti are somewhat result of the long-lasting effects of purposes has so far relied on the remote, making enforcement extremely habitat loss, degradation, and harvesting of cuttings from plants difficult. These threats have operated in modification from human population growing in botanical garden and private the past, are impacting these species growth and associated development. collections. We expect that collection now, and are expected to continue into Thus, we believe these changes in the for the purposes of recovery will the future. Based on our analysis of the species’ historic or current range will continue and ultimately be beneficial in best available information, we find that not be ameliorated in the future; augmenting and reintroducing C. overutilization is a threat to these therefore, we find it reasonably likely corallicola at suitable sites. We have no species throughout their entire range. that the effects on the species will evidence that collection for scientific or We believe that overutilization will not continue at current levels or potentially recovery purposes is a threat to the be ameliorated in the future; therefore, increase. species at this time. we find it reasonably likely that the B. Overutilization for Commercial, Harrisia aboriginum effects on the species will continue at Recreational, Scientific, or Educational Poaching of Harrisia aboriginum is a current levels or potentially increase. Purposes major threat (Morris and Miller 1981, C. Disease or Predation Overutilization (collection by pp. 1–11; Gann et al. 2002, p. 440; hobbyists, also known as poaching) is a Bradley et al. 2004, p. 6). Damage and Chromolaena frustrata major threat to Consolea corallicola evidence of H. aboriginum poaching On Big Munson Island, much of the (Gann et al. 2002, p. 440) and Harrisia was reported by Morris and Miller Chromolaena frustrata population was

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observed to suffer from severe herbivory elsewhere (Habeck and Bennett 1990. p. Summary of Factor C in 2004. No insects were observed on 1). Among local cactus species in the any plants, and the endangered Key Florida Keys, C. corallicola is a In summary, Chromolaena frustrata deer (Odocoileus virginianus clavium) preferred host (Stiling 2010, p. 190). does not appear to be affected by disease was the suspected culprit (Bradley and Between 1990 and 2009, the moth or predation; disease and predation Gann 2004, p. 4). The significance of infested and damaged multiple C. have been reported occasionally for herbivory on C. frustrata population corallicola plants in the Florida Keys’ Harrisia aboriginum. We have no dynamics is unknown. No diseases have wild populations, killing one plant and evidence that the severity of either been reported for C. frustrata. damaging others (Gun 2012 pers.comm. stressor has affected either species at a Fortunately, these infestations were Consolea corallicola population level. Though it is possible detected very early and controlled the amount of disease or predation may A fungal pathogen, Fusarium before C. cactorum could kill multiple increase in the future, there is no oxysporum, can infect Consolea plants and fully spread throughout the evidence that this stressor is growing in corallicola, causing crown rot, a disease population. Planted C. corallicola extent. Thus, based on our analysis of in which plants rot near their base populations in the Florida Keys fared the best available scientific and (Slapcinsky et al. 2006, p. 2; Stiling much worse; at one planting site, 90 commercial data available, we find that 2010, p. 191). Cacti in the Florida Keys individuals (50 percent of those populations that are affected by this disease or predation is not a significant planted) were killed by C. cactorum stressor to the overall status of C. disease have also tested positive for a over a 4-year period (Stiling 2010, p. frustrata or H. aboriginum at current fungus, Phomopsis sp. (Slapcinsky et al. 193). To date, C. cactorum has not been levels, though these stressors could 2006, p. 3). This disease was largely observed in BNP (McDonough 2010a, responsible for the high mortality rates pers. comm.). Even if the moth has not potentially become a threat in the future in some reintroduced populations in the yet reached the Park, it likely will, if these pests become more prevalent. Florida Keys (Stiling 2010, p. 193). At based on its rapid spread in the Disease and predation are severe present, crown rot does not appear to be and Florida. This threat has threats to Consolea corallicola. Threats affecting the population at BNP. the potential to cause steep declines in from disease include a pathogen that Predation by the moth Cactoblastis populations of Consolea corallicola if can cause crown rot and predation by cactorum (Lepidoptera: Pyralidae) is they become infested. No satisfactory the nonnative moth, Cactoblastis considered a significant threat to method of large-scale control is known cactorum. Both are severe and pervasive Consolea corallicola (Stiling et al. 2000, at this time (Habeck et al. 2009, p. 2). threats, and it is reasonable to conclude pp. 2, 6; Gann et al. 2002, p. 481; Wright Potential impacts to C. corallicola at the that disease and predation have caused and Maschinski 2004, p. 4; Grahl and population level as a result of predation population declines. We have no reason Bradley 2005, pp. 2, 7; Slapcinsky et al. by C. cactorum are severe. As stated to believe that diseases or predation will 2006, pp. 2–4). Native to South above, experts are certain of the America, was be ameliorated in the future; therefore, potential for the moth to cause massive we find it reasonably likely that the introduced to Australia in 1925, as a mortality in populations of C. biological control agent for nonnative effects on C. corallicola will continue at corallicola if they become infested and current levels or potentially increase in species of Opuntia. Adult deposit the infestation is not caught early and the future. eggs on the branches of host species. aggressively controlled. When these eggs hatch, larvae then Predation by the Cuban garden snail D. The Inadequacy of Existing burrow into the cacti and feed on the (Zachrysia provisoria) has been Regulatory Mechanisms inner tissue of the plant’s stems. The observed at one Consolea corallicola larvae then pupate, and the cycle reintroduction site (Duquesnel 2008, Under this factor, we examine repeats. Cactoblastis cactorum was pers. comm.). The population-level whether existing regulatory mechanisms extremely effective as a biological impact of the Cuban garden snail is not are inadequate to address the threats to control agent, and credited with known. the species discussed under the other reclaiming 6,474,970 ha (16,000,000 ac) factors. Section 4(b)(1)(A) of the Act Harrisia aboriginum of land infested with Opuntia species in requires the Service to take into account Australia alone. The moth also has been An as yet unidentified pathogen can ‘‘those efforts, if any, being made by any an effective control agent for Opuntia attack Harrisia aboriginum and cause State or foreign nation, or any political species in Hawaii, India, and South stems to rot and die within about a week subdivision of a State or foreign nation, Africa. It was introduced to a few (Austin 1984, p. 2; Bradley 2005, pers. to protect such species * * *.’’ In Caribbean islands in the 1960s and comm.). However, no signs of this relation to Factor D, we interpret this 1970s, and rapidly spread throughout disease were observed at several sites language to require the Service to the Caribbean. The effectiveness of C. visited in 2011 (Bender 2011, p. 19). consider relevant Federal, State, and cactorum at controlling Opuntia Herbivory of flowers by iguanas populations is described as ‘‘rapid and (Bradley et al. 2004, p. 30) and stems by tribal laws, plans, regulations, and other spectacular’’ (Habeck and Bennett 1990. gopher tortoises (Woodmansee et al. such mechanisms that may minimize p. 1). The moth had spread to Florida 2007, p. 108) has been noted. Scale any of the threats we describe in threat by 1989, prompting the Florida insects have been observed in some H. analyses under the other four factors, or Department of Agriculture and aboriginum populations, occasionally otherwise enhance conservation of the Consumer Services (FDACS) to issue an causing severe damage to plants species. We give strongest weight to alert that C. cactorum, along with (Bradley 2005, pers. comm.). statutes and their implementing another unidentified species of moth, Overall, evidence indicates disease regulations and to management had the potential to adversely impact and predation are relatively minor direction that stems from those laws and Opuntia populations due to the high stressors to H. aboriginum at present, regulations. An example would be State rate of Opuntia infestation and but could become threats in the future governmental actions enforced under a mortality, as demonstrated in other if they become more prevalent in the State statute or constitution, or Federal localities in the Caribbean and cacti populations. action under statute.

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State specifically prohibit these activities. limitations of current regulatory Chromolaena frustrata, Consolea Insufficient implementation or mechanisms have allowed population corallicola, and Harrisia aboriginum are enforcement of these statutes constitutes declines of Chromolaena frustrata and listed on the Regulated Plant Index as a threat to both Consolea corallicola and Consolea corallicola due to habitat loss endangered under Chapter 5B–40, Harrisia aboriginum as they continue to and modification and declines of Florida Administrative Code. The decline in numbers. Consolea corallicola and Harrisia Regulated Plant Index also includes all Shell mounds on State land, some of aboriginum due to poaching, vandalism, federally listed endangered and which support populations of Harrisia and illegal bonfires. threatened plant species. Florida aboriginum, are protected as historical Based on our analysis of the best Statutes 581.185 sections (3)(a) and (b) resources under Florida Statute 267.13, available information, we find that prohibit any person from willfully sections (1)(a) and (b). Despite these existing regulatory mechanisms, due to destroying or harvesting any species protections, there is a long history of their inherent limitations and listed as endangered or threatened on utilization and excavation of shell constraints, are inadequate to address the Index, or growing such a plant on mounds by artifact hunters in Florida, threats to these species throughout their the private land of another, or on any causing erosion and opening areas for ranges. We have no information to public land, without first obtaining the invasion by invasive plants (FNAI indicate that poaching, unauthorized written permission of the landowner 2010i, p.3). fires, or habitat loss will be ameliorated The Florida Division of Forestry and a permit from the Florida in the future by enforcement of existing (FDOF) administers Florida’s outdoor Department of Plant Industry (DPI). The regulatory mechanisms. Therefore, we burning and forest fire laws. Florida statute also requires that collection find it reasonably likely that the effects Statute 590.08 prohibits any person to permits issued for species listed under on Chromolaena frustrata, Consolea willfully or carelessly burn or cause to the Act must be consistent with Federal corallicola, and Harrisia aboriginum be burned, or to set fire to or cause fire standards (i.e., only the Service can will continue at current levels or to be set to, any forest, grass, , issue permits to collect plants on potentially increase in the future. wildland, or marshes not owned or Federal lands). The statute further controlled by such person. Despite this E. Other Natural or Manmade Factors provides that any person willfully protection, unauthorized bonfires have Affecting Their Continued Existence destroying or harvesting; transporting, been documented at sites supporting carrying, or conveying on any public Wildfire Harrisia aboriginum (Woodmansee et al. road or highway; or selling or offering 2007, p. 108; Bender 2011, pp. 5–6). Wildfire, whether naturally ignited or for sale any plant listed in the Index caused by unauthorized burning, such must have a permit from the State at all Federal as bonfires, is a threat to Consolea times when engaged in any such National Park Service (NPS) corallicola and Harrisia aboriginum. In activities. However, despite these regulations at 36 CFR 2.1 prohibit general these plants do not survive fires, regulations, recent poaching is evident, visitors from harming or removing making this a severe threat to remaining and threats to the three species plants, listed or otherwise, from ENP or populations and occupied sites. At a site (particularly the two cacti) remain. Lack BNP. in Sarasota County, a large illegal of implementation or compliance with The Archaeological Resources bonfire pit is located within the habitat existing regulations may be a result of Protection Act of 1979 (ARPA) (16 that supports one of the larger funding, work priorities, or staffing. U.S.C. 470aa–470mm) protects populations of H. aboriginum. The In addition, subsections (8)(a) and (b) archaeological sites, including shell bonfires occur just a few yards from the of the statute waive State regulation for mounds, on Federal lands. Shell plants (Bender 2011, pp. 5–6). At least certain classes of activities for all mounds are known from the area of ENP one plant was killed by an escaped fire species on the Regulated Plant Index, where Chromolaena frustrata occurs; that affected part of this site in 2006 including the clearing or removal of however the Service has no specific (Woodmansee et al. 2007, p. 108) and regulated plants for agricultural, information regarding illegally should another fire escape into forestry, mining, construction excavated or vandalized shell mounds occupied habitat in the future, it is (residential, commercial, or at ENP. reasonable to conclude this could result infrastructure), and fire-control The Service has no information in the loss of individuals or extirpation activities by a private landowner or his concerning ENP’s or BNP’s of populations. or her agent. However, section (10) of implementation or the enforcement of Nonnative Plant Species the statute provides for consultation these Federal regulations protecting the similar to section 7 of the Federal Act plants and their habitats from harm. Nonnative, invasive plant species are for listed species by requiring the Insufficient implementation or a threat to all three species (Morris and Department of Transportation to notify enforcement could become a threat to Miller 1981, pp. 1–11; Bradley et al. the FDACS and the Endangered Plant the two species in the future if the 2004, pp. 6, 25; Woodmansee et al. Advisory Council of planned highway species continue to decline in numbers. 2007, p. 91; Bradley and Gann 2004, p. construction at the time bids are first 8; Bradley 2007, pers. comm.; Sadle advertised, to facilitate evaluation of the Summary of Factor D 2010, pers. comm.; McDonough 2010b, project for listed plants populations, In summary, there are currently State pers. comm.). They compete with native and to ‘‘provide for the appropriate regulatory mechanisms and NPS plants for space, light, water, and disposal of such plants’’ (i.e., regulatory mechanisms that provide for nutrients, and they have caused transplanting,). The Service has no the conservation of Chromolaena population declines in all three species. information concerning the State of frustrata, Consolea corallicola, and Schinus terebinthifolius (Brazilian Florida’s implementation of the Harrisia aboriginum. Despite the pepper), a nonnative, invasive tree, enforcement of these statutes. However, existing regulatory mechanisms, these occurs in all of the habitats of the three it is clear that illegal collection and species continue to decline due to the species. Schinus terebinthifolius forms vandalism of cacti are both occurring, effects of a wide array of threats, and it dense thickets of tangled, woody stems despite these and other provisions that is reasonable to conclude that the that completely shade out and displace

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native vegetation (Loflin 1991, p. 19; reynaudiana (Burma reed), Cupaniopsis there was a large amount of trash Langeland and Craddock-Burks 1998, p. anacardioides (carrotwood) Thespesia deposited nearby. At the same site, there 54). Schinus terebinthifolius can populnea (Portia tree), Manilkara is an ongoing problem with recreational dramatically change the structure of zapota (sapodilla), Hibiscus tiliaceus bonfires in the coastal berm habitat just rockland hammocks, coastal berms, and (hau), and Hylocereus undatus (night a few yards from H. aboriginum plants shell mounds, making habitat blooming cactus) (FNAI 2010f, p. 4; (Bradley et al. 2004, p. 16; Woodmansee conditions unsuitable for Chromolaena Bradley et al. 2004, p. 13; McDonough et al. 2007, p.108; Bender 2011, pp. 5– frustrata, Consolea corallicola, and 2010b, pers. comm.;). 6). One escaped bonfire has the Harrisia aboriginum, which prefer potential to destroy this entire Vandalism moderate to full sun exposure. For population. example, at more than one site, Vandalism is a threat to Consolea Hurricanes, Storm Surge, and Extreme numerous H. aboriginum plants corallicola and Harrisia aboriginum, High Tide Events occurring in the shade of S. and has caused population declines in terebinthifolius were observed to have both species. For Consolea corallicola, Hurricanes, storm surge, and extreme died (Bradley et al. 2004, p. 10; Bender vandalism has been documented twice. high tide events are natural events that 2011, pp. 5, 13). By the mid-1990s, S. In 1990, branches were cut off plants at can pose a threat to all three species. terebinthifolius had spread dramatically one site, but instead of being taken (as Hurricanes and tropical storms can and had become a dominant woody would be the case for poaching), the cut modify habitat (e.g., through storm species at sites known to support H. stems were left at the base of plants. In surge) and have the potential to destroy aboriginum (Morris and Miller 1981, pp. 2003, vegetative recruits and pads were entire populations. Climate change may 5, 10; Loflin 1991, p. 19; Herwitz et al. damaged by unauthorized removal of lead to increased frequency and 1996, pp. 705–715; Bradley et al. 2004, protective cages from plants (Slapcinsky duration of severe storms (Golladay et p. 7). Schinus terebinthifolius is a threat et al. 2006, p. 3). At a Sarasota County al. 2004, p. 504; McLaughlin et al. 2002, to populations of Chromolaena frustrata site, the Service has documented p. 6074; Cook et al. 2004, p. 1015). All along the Coastal Prairie Trail in ENP numerous H. aboriginum plants that three species experienced these (Sadle 2010, pers. comm.) and is have been uprooted, trampled, and disturbances historically, but had the invading the habitat of Consolea hacked with sharp implements. This benefit of more abundant and corallicola (McDonough 2010b, pers. population is impacted by people who contiguous habitat to buffer them from comm.). use the coastal berm and hammock extirpations. With most of the historical Colubrina asiatica (lather leaf), a interface to engage in a variety of habitat having been destroyed or nonnative shrub, has invaded large recreational (including unauthorized) modified, the few remaining areas of coastal berm and coastal berm activities as evidenced by a very large populations of these species could face edges (Bradley and Gann 2004, p. 4). bonfire site and vast quantities of local extirpations due to stochastic Colubrina asiatica also forms dense garbage, bottles, and discarded clothing events. thickets and mats, and is of particular (Bender 2011, p. 5). The Florida Keys were impacted by concern in coastal hammocks Due to their historic significance and three hurricanes in 2005: Katrina on (Langeland and Craddock-Burks 1998, possible presence of artifacts, shell August 26th, Rita on September 20th, p. 122). Colubrina asiatica is invading mounds are susceptible to vandalism by and Wilma on October 24th. Hurricane large areas of hammocks within ENP artifact hunters. Despite regulations that Wilma had the largest impact, with along the edge of Florida Bay (Bradley protect these sites on State lands storm surges flooding much of the and Gann 1999, p. 37). Populations of (Florida Statute 267. 13), there is a long landmass of the Keys. The vegetation in Chromolaena frustrata along the Coastal history of artifact hunters conducting many areas was top-killed due to salt Prairie Trail and habitat within ENP unauthorized excavation of shell water inundation (Hodges and Bradley face threats from Colubrina asiatica mounds in Florida, including some 2006, p. 9). mounds where Harrisia aboriginum has (Sadle pers. comm. 2010). Colubrina Chromolaena frustrata asiatica is also present in BNP in areas been found, causing erosion and supporting Consolea corallicola opening areas for invasion by nonnative The ecology of coastal rock barrens is (McDonough 2010b, pers. comm.). plants (FNAI 2010i, p.3). poorly understood. Periodic storm (Australian events may be responsible for Recreation pine) invades coastal berm and is a maintaining the community (Bradley threat to suitable habitat at most sites Recreational activities may and Gann 1999, p. 37). There is some that could support all three species inadvertently impact some populations evidence that, over the long term, (FNAI 2010a, p. 2). Casuarina of Chromolaena frustrata. These hurricanes can be beneficial to the equisetifolia forms dense stands that activities may affect some individual species by opening up tree canopies exclude all other species through dense plants in some populations but have not allowing more light to penetrate, shade and a thick layer of needles that likely caused significant population thereby creating the necessary contain substances that leach out and declines in the species. Foot traffic and conditions for growth (Woodmansee et suppress the growth of other plants. campsites at Big Munson Island may be al. 2007, p. 115). The large population Coastal strand habitat that once a threat to Chromolaena frustrata. of Chromolaena frustrata observed at supported Harrisia aboriginum has Recreation is a threat to some Big Munson Island in 2004 suggests that experienced dramatic increases in C. populations of Harrisia aboriginum. this species may respond positively to equisetifolia over the past 30 years Coastal berms and dunes are impacted occasional hurricanes or tropical storms (Loflin 1991, p. 19; Herwitz et al. 1996, by recreational activities that cause that thin hammock canopies, providing pp. 705–715). trampling of plants, exacerbate erosion, more light (Bradley and Gann 2004, p. Other invasive plant species that are and facilitate invasion by nonnative 8). Populations of C. frustrata in ENP a threat to Chromolaena frustrata, plants. As noted above, in 2011, initially appeared to have been Consolea corallicola, and Harrisia numerous plants at a Sarasota County eliminated by storm surge during aboriginum include Scaevola taccada site were observed to be intentionally Hurricane Wilma in 2005 (Bradley 2007, (beach naupaka), Neyraudia uprooted, hacked, and trampled, and pers. comm.; Duquesnel 2005, pers.

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comm.), and habitat was significantly however, the small size of some Consolea corallicola altered (Maschinski 2007, pers. comm.). populations makes impacts from The two natural populations of All communities where C. frustrata was freezing more significant. Consolea corallicola are spread across found showed impacts from the 2005 193 km (120 mi) between Biscayne Bay hurricane season, primarily thinning of Effects of Small Population Size and Isolation and Big Pine Key. One of the two the canopy and numerous blow downs remaining natural populations of C. (Sadle 2007, pers. comm.). However, it Endemic species whose populations corallicola consists of fewer than 20 appears that the species has returned to exhibit a high degree of isolation are adult plants (see Table 2). Threats some locations (Bradley 2009, pers. extremely susceptible to extinction from exacerbated by small population size comm.). The population of C. frustrata both random and nonrandom include hurricanes, storm surges, and in ENP may have benefited from catastrophic natural or human-caused poaching. Populations can also be hurricanes; surveys at some sites in ENP events. Species that are restricted to impacted by demographic stochasticity, in 2007 detected more plants than ever geographically limited areas are where populations are skewed toward previously reported (Sadle 2007, pers. inherently more vulnerable to extinction either male or female individuals by comm.). However, if nonnative, invasive chance. This may be the case with C. plants are present at sites when a storm than widespread species because of the corallicola, in which the two remaining hits, they may respond similarly, increased risk of genetic bottlenecks, becoming dominant and not allowing random demographic fluctuations, populations do not contain any female for a pulse in the population of native climate change, and localized plants. While the species may continue species. This may radically alter the catastrophes such as hurricanes and to reproduce indefinitely by clonal long-term population dynamics of C. disease outbreaks (Mangel and Tier means, populations may not be viable frustrata, keeping population sizes 1994, p. 607; Pimm et al. 1988, p. 757). over the long term due to a lack of small or declining, until they eventually These problems are further magnified genetic mixing and thus the potential to disappear (Bradley and Gann 2004, p. when populations are few and restricted adapt to environmental changes. 8). to a very small geographic area, and Harrisia aboriginum when the number of individuals is very Consolea corallicola small. Populations with these The current range of Harrisia Suitable habitat such as coastal rock characteristics face an increased aboriginum spans such a small barrens on Key Largo have been likelihood of stochastic extinction due geographic area (100-km (62-mi)) stretch inundated with saltwater during spring to changes in demography, the of coastline north to south) that all and fall high tides over the past 5 to 10 environment, genetics, or other factors populations could be affected by a years; these extreme events killed (Gilpin and Soule 1986, pp. 24–34). single event (e.g., hurricane). Six of the planted Consolea corallicola at one 12 remaining populations have 10 or Small, isolated populations often fewer individual plants (see Table 3). location (Duquesnel 2011a, pers. exhibit reduced levels of genetic comm.). In the future, sea level rise Threats exacerbated by small population variability, which diminishes the size include hurricanes, storm surges, could cause increases in flooding species’ capacity to adapt and respond frequency or duration, prolonged or freezing temperatures, recreation to environmental changes, thereby impacts, wildfires, and poaching. complete inundation of plants, and loss decreasing the probability of long-term of suitable habitat (see Climate Change Chromolaena frustrata, Consolea persistence (e.g., Barrett and Kohn 1991, corallicola, and Harrisia aboriginum and Sea Level Rise, below for more p. 4; Newman and Pilson 1997, p. 361). information). have restricted geographic distributions, Very small plant populations may and few populations, some or all of Harrisia aboriginum experience reduced reproductive vigor which are relatively small in number due to ineffective pollination or In 2004, Hurricane Charley, a and extent. Therefore, it is essential to inbreeding depression. Isolated Category 4 hurricane, passed within 8 maintain the habitats upon which they individuals have difficulty achieving km (5 miles) of seven populations of depend, which require protection from natural pollen exchange, which limits Harrisia aboriginum and within 29 km disturbance caused by development, the production of viable seed. The (18 miles) of all populations (Bradley recreational activities and facilities problems associated with small and Woodmansee 2004, p. 1). Several maintenance, nonnative species, or a population size and vulnerability to populations suffered damage and loss of combination of these. Due to ongoing random demographic fluctuations or plants (Nielsen 2007, pers. comm.; and pervasive threats, the number and natural catastrophes are further Woodmansee et al. 2007, p. 85) due to size of existing populations of these magnified by synergistic interactions fallen limbs and shock caused by the species are probably not sufficient to with other threats, such as those sudden increase in sun exposure when sustain them into the future. discussed above (Factors A, B, and C). the canopy was opened. However, some Climate Change and Sea Level Rise plants damaged by Hurricane Charley in Chromolaena frustrata 2004 have since recovered and seem to Climatic changes, including sea level be thriving (Nielsen 2009, pers. comm.). The current range of Chromolaena rise, are major threats to south Florida frustrata includes eight populations and Chromolaena frustrata, Consolea Freezing Temperatures spread across 209 km (130 mi) between corallicola, and Harrisia aboriginum. Occasional freezing temperatures that ENP and Boca Grande Key; four of eight Our analyses under the Act include occur in south Florida are a threat to C. frustrata populations consist of fewer consideration of ongoing and projected Chromolaena frustrata (Bradley 2009, than 100 individuals (see Table 1). changes in climate. The terms ‘‘climate’’ pers. comm.; Sadle 2011, pers. comm.) These populations may not be viable in and ‘‘climate change’’ are defined by the and Harrisia aboriginum (Woodmansee the long term due to their small number Intergovernmental Panel on Climate et al. 2007, p. 91). Under normal of individuals. Threats exacerbated by Change (IPCC). ‘‘Climate’’ refers to the circumstances, occasional freezing small population size include mean and variability of different types temperatures would not result in a hurricanes, storm surges, freezing of weather conditions over time, with 30 significant impact to these species; temperatures, and recreation impacts. years being a typical period for such

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measurements, although shorter or by the end of this century (IPCC 2007, saline) and would likely be extirpated at longer periods also may be used (IPCC pp. 7–9, 13). sites affected by sea level rise. 2007, p. 78). The term ‘‘climate change’’ The Nature Conservancy (TNC) Similarly, the extant populations of thus refers to a change in the mean or modeled several scenarios for the Consolea corallicola occur near sea level variability of one or more measures of Florida Keys, and predicted that sea in a transitional zone between mangrove climate (e.g., temperature or level rise will first result in the and hardwood hammock habitats. precipitation) that persists for an conversion of habitat, and eventually Populations at two sites have been extended period, typically decades or the complete inundation of habitat. In declining for years, and this may be longer, whether the change is due to the best-case scenario, by the year 2100, partially attributed to rising sea level, as natural variability, human activity, or a rise of 18 cm (7 in) would result in the most of the cacti are on the edge of the both (IPCC 2007, p. 78). Various types inundation of 745 ha (1,840 acres) (34 hammock and buttonwood transition of changes in climate can have direct or percent) of Big Pine Key and the loss of zone or directly in the transition zone indirect effects on species. These effects 11 percent of the island’s upland habitat (Higgins 2007, pers. comm.; Duquesnel may be positive, neutral, or negative, (TNC 2010, p. 1). In the worst-case 2008, 2009, pers. comm.). and they may change over time, scenario, a rise of 140 cm (4.6 ft) would Summary of Factor E depending on the species and other result in the inundation of about 2,409 In summary, Chromolaena frustrata, relevant considerations, such as the ha (5,950 acres) (96 percent) and the Consolea corallicola, and Harrisia effects of interactions of climate with loss of all upland habitat on the Key aboriginum are vulnerable to a wide other variables (e.g., habitat (TNC 2010, p. 1). array of threats from human activities; fragmentation) (IPCC 2007, pp. 8–14, Hydrology has a strong influence on invasive, nonnative plant species; small 18–19). In our analyses, we use our plant distribution in these and other population sizes; weather events, and expert judgment to weigh relevant coastal areas (IPCC 2008, p. 57). Such climate change, which have operated in information, including uncertainty, in communities typically grade from salt to the past, are impacting these species our consideration of various aspects of brackish to freshwater species. From the now, and have caused population climate change. 1930s to 1950s, increased salinity of Projected changes in climate and declines in all three species. Based on coastal waters contributed to the decline related effects can vary substantially our analysis of the best available of cabbage palm forests in southwest across and within different regions of information, these threats are likely to Florida (Williams et al. 1999, pp. 2056– the world (e.g., IPCC 2007a, pp. 8–12). continue in the future at current levels 2059), expansion of mangroves into Thus, although global climate or potentially increasing. adjacent marshes in the Everglades projections are informative and in some (Ross et al. 2000, pp. 9, 12–13), and loss Cumulative Effects of Threats cases are the only or the best scientific of pine rockland in the Keys (Ross et al. information available, to the extent The limited distributions and small 1994, pp. 144, 151–155). The possible possible we use ‘‘downscaled’’ climate population sizes of Chromolaena effects of sea level rise were noted in the projections, which provide higher frustrata, Consolea corallicola, and resolution information that is more 1980s, at a site supporting Harrisia Harrisia aboriginum make them relevant to the spatial scales used to aboriginum (Morris and Miller 1981, p. extremely susceptible to further habitat assess effects to a given species (see 10), and recent deaths of cabbage palms loss and competition from nonnative Glick et al. 2011, pp. 58–61 for a at this location suggest that this is a species. Poaching, vandalism, and discussion of downscaling). continuing threat (Bradley et al. 2004, p. wildfires are additional threats to C. With regard to our analysis for 7). Furthermore, Ross et al. (2000, pp. corallicola and H. aboriginum. Chromolaena frustrata, Consolea 109–111) suggested that interactions Mechanisms leading to the decline of corallicola, and Harrisia aboriginum, between sea level rise and pulse these species as discussed above, range downscaled projections suggest that sea- disturbances (e.g., storm surges) can from local (e.g., poaching, vandalism, level rise is the largest climate-driven cause vegetation to change sooner than wildfire), to regional (e.g., development, challenge to low-lying coastal areas and projected based on sea level alone. nonnative species), to global (e.g., refuges in the subtropical ecoregion of Patterns of development will also likely climate change, sea level rise). The southern Florida (U.S. Climate Change be significant factors influencing synergistic (interaction of two or more Science Program (CCSP) 2008, pp. 5–31, whether natural communities can move components) effects of threats (such as 5–32). The long-term record at Key West and persist (IPCC 2008, p. 57; CCSP hurricane effects on a species with a shows that sea level rose on average 2008, p. 7–6). limited distribution consisting of just a 0.224 cm (0.088 in) annually between Most populations of Chromolaena few small populations) make it difficult 1913 and 2006 (National Oceanographic frustrata, Consolea corallicola, and to predict population viability. While and Atmospheric Administration Harrisia aboriginum are located just these stressors may act in isolation, it is (NOAA) 2008, p. 1). This equates to slightly above mean sea level, and the more probable that many stressors are approximately 22.3 cm (8.76 in) over the effects of sea level rise are expected to acting simultaneously (or in last 100 years (NOAA 2008, p. 1). IPCC be a continual problem for coastal combination) on populations of (2008, p. 28) emphasized it is very likely species and habitats (Gann et al. 2002, Chromolaena frustrata, Consolea that the average rate of sea level rise p. 391, 481; Bradley et al. 2004, p. 7; corallicola, and H. aboriginum. during the 21st century will exceed that Sadle 2007, pers. comm.; Higgins 2007, rate, although it was projected to have pers. comm.; Duquesnel 2008, pers. Proposed Determination substantial geographical variability. comm.). Research on C. corallicola We have carefully assessed the best Other processes expected to be (Stiling 2010, p. 2) and other Florida scientific and commercial information affected by climate change include cacti suggests that increased soil salinity available regarding the past, present, temperatures, rainfall (amount, seasonal levels can cause mortality of these and future threats to Chromolaena timing, and distribution), and storms plants (Goodman et al. 2012, pp. 9–11). frustrata, Consolea corallicola, and (frequency and intensity). Temperatures Natural populations of Harrisia Harrisia aboriginum. Section 3(6) of the are projected to rise from 2 °C to 5 °C aboriginum and Consolea corallicola do Act defines an endangered species as (35.6 °F to 41.5 °F) for North America not occur on saturated soils (fresh or ‘‘any species that is in danger of

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extinction throughout all or a significant loss (Factor A) are currently active in and across the species’ entire range; portion of its range,’’ and section 3(20) the remaining populations. Populations therefore, we have determined the of the Act defines a threatened species of Chromolaena frustrata are isolated species is currently on the brink of as ‘‘any species that is likely to become from one another, and the species has a extinction. Because these threats are endangered throughout all or a limited ability to recolonize suitable placing the species in danger of significant portion of its range within habitat between populations. Because of extinction now and not only at some the foreseeable future.’’ the current condition of the populations point in the foreseeable future, we find As described in detail above, these and life-history traits of the species, it this species meets the definition of an three species are currently at risk is vulnerable to natural or human- endangered species, versus a threatened throughout all of their respective ranges caused changes in its currently species. Therefore, we are proposing to due to the immediacy, severity, and occupied habitats. Significant threats list it as an endangered species. We are scope of threats from habitat destruction are occurring now and are likely to not proposing threatened status for C. and modification (Factor A), inadequacy continue in the foreseeable future, at a corallicola due to the severity of the of existing regulatory mechanisms high intensity, and across the species’ threats described above. These threats (Factor D), and other natural or entire range; therefore, we have described above are currently active, manmade factors affecting their determined the species is currently on and will continue to affect the continued existence (Factor E). the brink of extinction. Because these populations of C. corallicola into the Consolea corallicola and Harrisia threats are placing the species in danger foreseeable future, and these threats will aboriginum are currently at risk of extinction now and not only at some individually and collectively contribute throughout all of their respective ranges point in the foreseeable future, we find to the species’ local extirpation and due to the immediacy, severity, and this species meets the definition of an potential extinction. scope of threats from overutilization endangered species versus a threatened Harrisia aboriginum (Factor B), and C. corallicola is species. Therefore, we are proposing to immediately threatened by disease or list it as an endangered species. We are Harrisia aboriginum has been predation (Factor C). Although there are not proposing threatened species status extirpated from the northern extent of ongoing actions to alleviate some for C. frustrata due to the high level of its range in Manatee County, and threats threats, there appear to be no continuing threats described above. of poaching (Factor B), competition populations without current significant These threats described above are from nonnative, invasive plant species, threats. Current State and Federal currently active, and will continue to wildfire (Factor E), disease, predation regulatory mechanisms (Factor D) are affect the populations of C. frustrata (Factor C), vandalism (Factor B), and inadequate to protect Chromolaena into the foreseeable future, and these habitat loss (Factor A) still exist in the frustrata, Consolea corallicola, and threats will individually and remaining populations. Because there Harrisia aboriginum from taking and collectively contribute to the species’ are only a few small populations of this habitat loss. Despite the existing local extirpation and potential cactus, and the remoteness of occupied regulatory mechanisms, Chromolaena extinction. habitat that makes enforcement difficult, frustrata, Consolea corallicola, and H. collection has and continues to be a aboriginum continue to decline. In Consolea corallicola significant threat to this species. particular, poaching remains a concern Consolea corallicola has been Existing regulatory mechanisms (Factor for Consolea corallicola, and H. extirpated from half of the islands in the D) at the State level are inadequate to aboriginum. Habitat loss or modification Florida Keys where it historically protect this species from poaching or from development (Factor A) and sea occurred. Threats of poaching and vandalism. Because populations are level rise, competition from nonnative vandalism (Factor B), predation by a isolated and the species has a limited plants, small population sizes, and nonnative moth, disease (Factor C), ability to recolonize historically restricted range (Factor E) are threats to competition from nonnative, invasive occupied habitats, it is vulnerable to all three species. Hurricanes, storm plant species and wildfire (Factor E), natural or human-caused changes in its surge, and future sea level rise are and habitat loss (Factor A) still exist in habitats. As a result, impacts from threats to all three species through the remaining populations. increasing threats, singly or in direct mortality of individuals and Additionally, low genetic diversity and combination, are likely to result in the modification of habitat. The majority of lack of sexual reproduction are threats extinction of the species. Significant the remaining C. frustrata, C. to C. corallicola. Because there are only threats are occurring now and are likely corallicola, and H. aboriginum a few small populations of this cactus, to continue in the foreseeable future, at populations are generally small and and the remoteness of occupied habitat a high intensity, and across the species’ geographically isolated. The narrow that makes enforcement difficult, entire range; therefore, we have distribution of their populations in collection has and continues to be a determined the species is currently on hurricane-prone south Florida makes significant threat to the species. Existing the brink of extinction. Because these them more susceptible to extirpation regulatory mechanisms (Factor D) at the threats are placing the species in danger from a single catastrophic event. State level are inadequate to protect the of extinction now and not only at some Furthermore, this level of isolation species from poaching or vandalism. point in the foreseeable future, we find makes natural recolonization of Because populations are isolated and this species meets the definition of an extirpated populations virtually the species has a limited ability to endangered species, versus a threatened impossible without human intervention. recolonize suitable habitats, it continues species. Therefore, we are proposing to to be vulnerable to natural or human- list it as an endangered species. We are Chromolaena frustrata caused changes in its habitats. As a not proposing threatened status for H. Chromolaena frustrata has been result, impacts from continuing threats, aboriginum due to the severity of the extirpated (no longer in existence) from singly or in combination, are likely to threats described above. These threats half of the islands in the Florida Keys result in the extinction of this species. described above are currently active, where it historically occurred, and Significant threats are occurring now and will continue to affect the threats of competition from nonnative, and are likely to continue in the populations of H. aboriginum into the invasive plants (Factor E) and habitat foreseeable future, at a high intensity, foreseeable future, and these threats will

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individually and collectively contribute Recovery planning includes the Although Chromolaena frustrata, to the species’ local extirpation and development of a recovery outline Consolea corallicola, and Harrisia potential extinction. shortly after a species is listed and after aboriginum are only being proposed for preparation of a draft and final recovery listing under the Act at this time, please Significant Portion of Its Range plan. The recovery outline guides the let us know if you are interested in We evaluated the current range of the immediate implementation of urgent participating in recovery efforts for this Chromolaena frustrata, Consolea recovery actions and describes the species. Additionally, we invite you to corallicola, and Harrisia aboriginum to process to be used to develop a recovery submit any new information on this determine if there is any apparent plan. Revisions of the plan may be done species whenever it becomes available geographic concentration of potential to address continuing or new threats to and any information you may have for threats for either species. All three the species, as new substantive recovery planning purposes (see FOR species are highly restricted in their information becomes available. The FURTHER INFORMATION CONTACT). ranges, and the threats occur throughout recovery plan identifies site-specific Federal agencies are required to their ranges. We considered the management actions that set a trigger for confer with us informally on any action potential threats due to habitat loss or review of the five factors that control that is likely to jeopardize the continued modification from development and sea whether a species remains endangered existence of a proposed species. Section level rise, competition from nonnative or may be down listed or delisted, and 7(a)(4) requires Federal agencies to plants, hurricanes, storm surge, small methods for monitoring recovery confer with the Service on any action populations, and restricted range. We progress. Recovery plans also establish that is likely to jeopardize the continued found no concentration of threats a framework for agencies to coordinate existence of a species proposed for because of the species’ limited and their recovery efforts and provide listing or result in destruction or curtailed ranges, and uniformity of the estimates of the cost of implementing adverse modification of proposed threats throughout their entire ranges. recovery tasks. Recovery teams critical habitat. If a species is listed Having determined that Chromolaena (comprising species experts, Federal subsequently, section 7(a)(2) requires frustrata, Consolea corallicola, and and State agencies, nongovernmental Federal agencies to ensure that activities Harrisia aboriginum are endangered organizations, and stakeholders) are they authorize, fund, or carry out are not throughout their entire ranges, it is not often established to develop recovery likely to jeopardize the continued necessary to evaluate whether there are plans. When completed, the recovery existence of the species or destroy or any significant portions of their ranges. outline, draft recovery plan, and the adversely modify its critical habitat. If a Available Conservation Measures final recovery plan will be available on Federal action may adversely affect a our Web site (http://www.fws.gov/ listed species or its critical habitat, the Conservation measures provided to endangered), or from our South Florida responsible Federal agency must enter species listed as endangered or Ecological Services Office (see FOR into formal consultation with the threatened under the Act include FURTHER INFORMATION CONTACT). Service. recognition, recovery actions, Implementation of recovery actions Federal agency actions within these requirements for Federal protection, and generally requires the participation of a species’ habitats that may require prohibitions against certain practices. broad range of partners, including other conference or consultation or both as Recognition through listing encourages Federal agencies, States, Tribal, described in the preceding paragraph and results in public awareness and nongovernmental organizations, include, but are not limited to, the conservation by Federal, State, and local businesses, and private landowners. funding of, carrying out or issuance of agencies; private organizations; and Examples of recovery actions include permits for resource management individuals. The Act encourages habitat restoration (e.g., restoration of activities, development of facilities, cooperation with the States and requires native vegetation), research, captive road and trail construction, recreational that recovery actions be carried out for propagation and reintroduction, and programs, and any other any landscape- all listed species. The protection outreach and education. The recovery of altering activities on Federal lands required of Federal agencies and the many listed species cannot be administered by the Department of prohibitions against take and harm are accomplished solely on Federal lands Defense, NPS, Fish and Wildlife discussed, in part, below. because their range may occur primarily Service, and U.S. Forest Service; or the The primary purpose of the Act is the or solely on non-Federal lands. issuance of Federal permits under conservation of endangered and Achieving recovery of these species section 404 of the Clean Water Act (33 threatened species and the ecosystems requires cooperative conservation efforts U.S.C. 1251 et seq.) by the U.S. Army upon which they depend. The ultimate on private, State, and Tribal lands. Corps of Engineers; construction and goal of such conservation efforts is the If these species are listed, funding for management of gas pipeline and power recovery of these listed species, so that recovery actions will be available from line rights-of-way by the Federal Energy they no longer need the protective a variety of sources, including Federal Regulatory Commission; and measures of the Act. Subsection 4(f) of budgets, State programs, and cost share construction and maintenance of roads the Act requires the Service to develop grants for non-Federal landowners, the or highways by the Federal Highway and implement recovery plans for the academic community, and non- Administration. conservation of endangered and governmental organizations. In addition, The Act and its implementing threatened species. The recovery under section 6 of the Act, the State of regulations set forth a series of general planning process involves the Florida would be eligible for Federal prohibitions and exceptions that apply identification of actions that are funds to implement management to endangered plants. All prohibitions necessary to halt or reverse the species’ actions that promote the protection and of section 9(a)(2) of the Act, decline by addressing the threats to its recovery of Chromolaena frustrata, implemented by 50 CFR 17.61, apply. survival and recovery. The goal of this Consolea corallicola, and Harrisia These prohibitions, in part, make it process is to restore listed species to a aboriginum. Information on our grant illegal for any person subject to the point where they are secure, self- programs that are available to aid jurisdiction of the United States to sustaining, and functioning components species recovery can be found at: import or export, transport in interstate of their ecosystems. http://www.fws.gov/grants. or foreign commerce in the course of a

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commercial activity, sell or offer for sale better able to deter illicit collection and If Chromolaena frustrata, Consolea in interstate or foreign commerce, or trade. corallicola, and Harrisia aboriginum are remove and reduce the species to It is our policy, as published in the listed under the Act, the State of possession from areas under Federal Federal Register on July 1, 1994 (59 FR Florida’s Endangered Species Act jurisdiction. In addition, for plants 34272), to identify to the maximum (Florida Statutes 581.185) is listed as an endangered species, the Act extent practicable at the time a species automatically invoked, which would prohibits the malicious damage or is listed, those activities that would or also prohibit take of these species and destruction on areas under Federal would not constitute a violation of encourage conservation by State jurisdiction and the removal, cutting, section 9 of the Act. The intent of this government agencies. Further, the State digging up, or damaging or destroying of policy is to increase public awareness of may enter into agreements with Federal such plants in knowing violation of any the effect of a proposed listing on agencies to administer and manage any State law or regulation, including State proposed and ongoing activities within area required for the conservation, criminal trespass law. Certain the range of species proposed for listing. management, enhancement, or exceptions to the prohibitions apply to The following activities could protection of endangered species agents of the Service and State potentially result in a violation of (Florida Statutes 581.185). Funds for conservation agencies. section 9 of the Act; this list is not these activities could be made available Preservation of native flora of Florida comprehensive: under section 6 of the Act (Cooperation (Florida Statutes 581.185) sections (3)(a) (1) Import any such species into, or with the States). Thus, the Federal and (b) provide limited protection to export any such species from, the protection afforded to these species by species listed in the State of Florida United States; listing them as endangered species Regulated Plant Index including (2) Remove and reduce to possession would be reinforced and supplemented Chromolaena frustrata, Consolea any such species from areas under by protection under State law. corallicola, and Harrisia aboriginum, as Federal jurisdiction; maliciously Critical Habitat Designation for described under Factor D. The damage or destroy any such species on Chromolaena frustrata, Consolea Inadequacy of Existing Regulatory any such area; or remove, cut, dig up, corallicola, and Harrisia Mechanisms. or damage or destroy any such species aboriginum Federal listing increases protection by on any other area in knowing violation for these species by making violations of of any law or regulation of any State or Background Section 3 of the Florida Statute in the course of any violation of a State It is our intent to discuss below only punishable as a Federal offense under criminal trespass law; those topics directly relevant to the section 9 of the Act. This provides (3) Deliver, receive, carry, transport, designation of critical habitat for increased protection from unauthorized or ship in interstate or foreign Chromolaena frustrata, Consolea collecting and vandalism for the plants commerce, by any means whatsoever corallicola, and Harrisia aborigiunum in on State and private lands, where they and in the course of a commercial this section of the proposed rule. might not otherwise be protected by the activity, any such species; Critical habitat is defined in section 3 Act, and increases the severity of the (4) Sell or offer for sale in interstate of the Act as: penalty for unauthorized collection, or foreign commerce any such species; (1) The specific areas within the vandalism, or trade in these species. (5) Introduce any nonnative wildlife geographical area occupied by the We may issue permits to carry out or plant species to the State of Florida species, at the time it is listed in otherwise prohibited activities that compete with or prey upon accordance with the Act, on which are involving endangered and threatened Chromolaena frustrata, Consolea found those physical or biological plant species under certain corallicola, or Harrisia aboriginum; features circumstances. Regulations governing (6) Release any unauthorized (a) Essential to the conservation of the permits are codified at 50 CFR 17.62 for biological control agents that attack any species and endangered plants, and at 50 CFR 17.72 life stage of Chromolaena frustrata, (b) Which may require special for threatened plants. With regard to Consolea corallicola, or Harrisia management considerations or endangered plants, a permit must be aboriginum; protection; and issued for the following purposes: For (7) Modify the habitat of Chromolaena (2) Specific areas outside the scientific purposes or to enhance the frustrata, Consolea corallicola, or geographical area occupied by the propagation or survival of the species. Harrisia aboriginum on Federal lands species at the time it is listed, upon a The Service acknowledges that it that is unauthorized or not covered determination that such areas are cannot fully address some of the natural under the Act for impacts to these essential for the conservation of the threats facing Chromolaena frustrata, species. species. Consolea corallicola, and Harrisia Questions regarding whether specific Conservation, as defined under aboriginum (e.g., hurricanes, tropical activities would constitute a violation of section 3 of the Act, means to use and storms) or even some of the other section 9 of the Act should be directed the use of all methods and procedures significant, long-term threats (e.g., to the Field Supervisor of the Service’s that are necessary to bring an climatic changes, sea level rise). South Florida Ecological Services Office endangered or threatened species to the However, through listing, we provide (see FOR FURTHER INFORMATION CONTACT). point at which the measures provided protection to the known population(s) Requests for copies of regulations pursuant to the Act are no longer and any new population of the species regarding listed species and inquiries necessary. Such methods and that may be discovered (see discussion about prohibitions and permits should procedures include, but are not limited below). With listing, we can also be addressed to the U.S. Fish and to, all activities associated with influence Federal actions that may Wildlife Service, Ecological Services scientific resources management such as potentially impact the species (see Division, Endangered Species Permits, research, census, law enforcement, discussion below); this is especially 1875 Century Boulevard, Atlanta, GA habitat acquisition and maintenance, valuable if it is found at additional 30345 (Phone 404–679–7140; Fax 404– propagation, live trapping, and locations. With this action, we are also 679–7081). transplantation, and, in the

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extraordinary case where population Increased Threat to the Consolea vulnerable to collection. We believe that pressures within a given ecosystem corallicola and Harrisia aboriginum by these threats would be exacerbated by cannot be otherwise relieved, may Designating Critical Habitat the publication of maps and include regulated taking. Rare cacti are highly desirable to descriptions outlining the specific Critical habitat receives protection collectors and often targeted for locations of these cacti in the Federal under section 7 of the Act through the collection in the wild (Anderson 2001, Register, on Service Web sites, and in requirement that Federal agencies pp. 73–78). The Service has local newspapers. Identification and publication of ensure, in consultation with the Service, documented unauthorized collection of critical habitat for Consolea corallicola both Consolea corallicola and Harrisia that any action they authorize, fund, or and Harrisia aboriginum would also aboriginum on public lands in Florida. carry out is not likely to result in the likely increase enforcement problems. Collection appears to be ongoing, destruction or adverse modification of Although take prohibitions exist, prevalent, and damaging (see Factor B critical habitat. The designation of effective enforcement is difficult. As analysis above for specific cases). In critical habitat does not affect land discussed under Factors B, D, and E and addition, we are aware that a market ownership or establish a refuge, elsewhere above, the threats of wilderness, reserve, preserve, or other exists for trade in rare, imperiled, and collection and inadvertent impacts from conservation area. Such designation federally-listed cacti, including those in human activities exists and areas where does not allow the government or public south Florida (see Factor B analysis the species currently exist are already to access private lands. Such above). For example, there is currently difficult to patrol due to the remoteness designation does not require a demand for Harrisia fragrans, a rare of those areas. Many of the areas implementation of restoration, recovery, cactus from south Florida that is listed supporting the cacti are remote and or enhancement measures by non- (under the scientific name Cereus accessible mainly by boat, making them Federal landowners. Where a landowner eriophorus var. fragrans) as an difficult for law enforcement personnel requests Federal agency funding or endangered species under the Act, and to patrol and monitor, and more authorization for an action that may that closely resembles H. aboriginum. desirable for illegal activities. Limited affect a listed species or critical habitat, Websites currently offer for sale seeds of patrolling is available for resource the consultation requirements of section C. corallicola and H. aboriginum. It is protection on the lands supporting 7(a)(2) of the Act would apply, but even clear that a demand currently exists for Consolea corallicola and Harrisia in the event of a destruction or adverse specimens of both cacti. aboriginum. We believe that designation modification finding, the obligation of Due to the low number of of critical habitat would facilitate the Federal action agency and the populations, small population sizes, further use and misuse of sensitive landowner is not to restore or recover restricted range, and remoteness of habitats and resources, creating the species, but to implement occupied habitat (which makes additional difficulty for law reasonable and prudent alternatives to enforcement difficult), we believe that enforcement personnel in an already avoid destruction or adverse collection is a significant and challenging environment. Overall, we modification of critical habitat. continuing threat to Consolea believe that designation of critical corallicola and Harrisia aboriginum. habitat would increase the likelihood Prudency Determination Even limited collection from the and severity of the threats of illegal remaining populations (or other collection of C. corallicola and H. Section 4(a)(3) of the Act, as populations, if discovered) could have amended, and implementing regulations aboriginum, as well as exacerbate significant and long-lasting deleterious enforcement issues. (50 CFR 424.12), require that, to the effects on reproductive and genetic maximum extent prudent and viability and thus could contribute to Benefits to Consolea corallicola and determinable, the Secretary designate the extinction of these cacti. Harrisia aboriginum From Critical critical habitat at the time we determine Identification of critical habitat units Habitat Designation that a species is endangered or would increase the severity of this The principal benefit of including an threatened. Our regulations (50 CFR threat by describing the exact locations area in critical habitat is the 424.12(a)(1)) state that the designation where the species may be found and requirement for agencies to ensure of critical habitat is not prudent when more widely publicizing this actions they fund, authorize, or carry one or both of the following situations information, exposing small, isolated out are not likely to result in the exist: (1) The species is threatened by populations and habitat to greater risks destruction or adverse modification of taking or other human activity, and of collection and vandalism. any designated critical habitat, the identification of critical habitat can be Designation of critical habitat requires regulatory standard of section 7(a)(2) of expected to increase the degree of threat the publication of maps and a narrative the Act under which consultation is to the species; or (2) such designation of description of specific critical habitat completed. Critical habitat provides critical habitat would not be beneficial units in the Federal Register. The protections only where there is a to the species. This determination degree of detail in those maps and Federal nexus, that is, those actions that involves a weighing of the expected boundary descriptions would be greater come under the purview of section 7 of increase in threats associated with a than what is currently available to the the Act. Critical habitat designation has critical habitat designation against the public. Thus, designation of critical no application to actions that do not benefits gained by such designation. We habitat could more widely announce the have a Federal nexus. Section 7(a)(2) of have determined that for Consolea exact location of the two cacti to the Act mandates that Federal agencies, corallicola and Harrisia aboriginum, collectors and poachers, and further in consultation with the Service, identification of critical habitat can be encourage and facilitate unauthorized evaluate the effects of its their proposed expected to increase the degree of threat collection and trade. Due to their actions on any designated critical to the species from over utilization by extreme rarity (a low number of habitat. Similar to the Act’s requirement collectors and poachers and that the individuals, combined with small areas that a Federal agency action not benefits of designating critical habitat inhabited by the remaining jeopardize the continued existence of are minimal. populations), these cacti are highly listed species, Federal agencies have the

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responsibility not to implement actions absence of a critical habitat designation, targeted for reintroduction would likely that would destroy or adversely modify Federal lands that support C. corallicola be on existing State, Federal, or county designated critical habitat. would continue to be subject to conservation lands. However, the Federal actions affecting the species conservation actions implemented identification of these lands would even in the absence of designated under section 7(a)(1) of the Act and to increase the risk of poaching in the critical habitat areas would still benefit the regulatory protections by the section future at these reintroduced sites. from consultation pursuant under to 7(a)(2) jeopardy standard consultation In summary, for both Consolea section 7(a)(2) of the Act and may still requirements and may still result in corallicola and Harrisia aboriginum, result in jeopardy findings. However, jeopardy findings. Therefore, consultation with respect to critical the analysis of effects of a proposed designation of specific areas as critical habitat would provide additional project on critical habitat is separate and habitat that are currently occupied is protection to a species if the agency distinct from that of the effects of a unlikely to provide a measurable benefit action would result in the destruction or proposed project on the species itself. to the species while designation of adverse modification of the critical The jeopardy analysis evaluates the unoccupied areas as critical habitat habitat but would not jeopardize the action’s impact to survival and recovery could provide a measurable benefit to continued existence of the species. In of the species, while the destruction or the species. the absence of a critical habitat adverse modification analysis evaluates designation, areas that support C. the action’s effects to the designated Harrisia aboriginum corallicola and H. aboriginum would habitat’s contribution to conservation of All Harrisia aboriginum populations continue to be subject to conservation the species. Therefore, the difference in are at least in part on protected Federal, actions implemented under section outcomes of these two analyses State, County, and private conservation 7(a)(1) of the Act. Also, Federal actions represents the regulatory benefit of lands. A few plants are located on affecting C. corallicola and H. critical habitat. This would, in some private non-conservation parcels aboriginum in the absence of designated instances, lead to different results and adjacent to larger populations on critical habitat areas would still benefit different regulatory requirements. Thus, protected conservation sites. Most, but from consultation pursuant under to critical habitat designations may not all, of the protected sites are section 7(a)(2) of the Act and may still provide greater benefits to the recovery currently being managed at some level result in jeopardy findings. Therefore, of a species than would listing alone. for the species. Management efforts are although designation of specific areas as limited to nonnative species control at critical habitat that is currently Consolea corallicola this time. These efforts are expected to occupied, recently occupied, or All areas known to support continue in the future. The Federal unoccupied would provide some populations of Consolea corallicola are listing of the species regardless of additional protections under the Act, on Federal, State, or private critical habitat designation, could result that protection is likely to be minimal. conservation lands; these areas are in increased enforcement efforts and Another potential benefit to Consolea currently being managed at some level population augmentation, although to corallicola and Harrisia aboriginum for the species. Management efforts what extent is unknown. One of the 12 from designating critical habitat is that include nonnative species control and sites where H. aboriginum occurs is on it could serve to educate private efforts to detect and control Federal lands and represents landowners, and Federal State, and Cactobalastis cactorum. These efforts approximately one third of all existing local government agencies, Refuge, or are consistent with, and tailored for, C. individuals and would be subject to Park visitors, and the general public corallicola conservation, and such section 7(a)(2) consultation regarding the potential conservation efforts are expected to continue in the requirements of the Act. However, value of the area for the species. future. Because C. corallicola is Harrisia aboriginum has been extirpated Through the processes of listing the restricted to two small natural from the northern extent of its range in cacti under the State of Florida’s populations, with by far the largest Manatee County. There are a few small endangered species statute and the occurring on NPS land, any future County-owned and private land parcels recognition of the C. corallicola and H. activity involving a Federal action that that are occupied and not currently aboriginum as a Federal candidate would destroy or adversely modify being managed for the species; and species in 2005 and 2006, respectively, occupied critical habitat would also be these lands would not be subject the much of this educational component is expected to jeopardize the species’ requirements of section 7 consultation already in effect. Agencies, continued existence (see Jeopardy without a Federal nexus. Designation of organizations, and stakeholders are Standard within proposed rule). On the these small parcels as occupied critical actively engaged in efforts to raise other hand, designation of unoccupied habitat would provide limited awareness for these cacti and their critical habitat for C. corallicola would additional to H. aboriginum because a conservation needs, including the need provide a measureable regulatory Federal nexus would still be needed to to deter poaching of wild specimens, benefit in those instances when a trigger consultation and it is unlikely designation of critical habitat would Federal action occurred in only the loss of the habitat would have an help in increasing the awareness. In unoccupied critical habitat. Because C. adverse effect on the conservation of the addition, designation of critical habitat corallicola has been extirpated from half species. If unoccupied critical habitat could inform State agencies and local of the islands where it occurred in the were designated for H. aboriginum, governments about areas that could be Florida Keys, designation of critical additional habitat could be protected conserved under State laws, local habitat for this species could cover a from adverse habitat modification or ordinances, or land management large area. Thus, for the species if destruction on State, county, or private initiatives by State, local, and Federal consultation on the Federal action was land if a Federal nexus were present and agencies. However, nearly all land found to likely destroy or adversely the action rose to the level of adversely managers responsible for sites modify unoccupied critical habitat but modifying the critical habitat. supporting Consolea corallicola and not jeopardize the continued existence Additional unoccupied habitat may be Harrisia aboriginum are now aware the of the species, a measurable regulatory necessary for the recovery of C. presence of these species. Designation of benefit would be realized. In the corallicola and H. aboriginum, as areas critical habitat that is occupied would

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likely provide benefits concerning for attaining its recovery and long-term history processes, are essential to the awareness by private entities where viability. Similarly, the designation of conservation of the species. management for the species could be critical habitat could serve to inform Under the second prong of the Act’s enhanced or initiated. management and conservation decisions definition of critical habitat, we can by identifying any additional physical designate critical habitat in areas Increased Threat to Consolea corallicola and biological features of the ecosystem outside the geographical area occupied and Harrisia aboriginum Outweighs the by the species at the time it is listed, Benefits of Critical Habitat Designation that may be essential for the conservation of the species. We upon a determination that such areas Upon reviewing the available therefore find that designation of critical are essential for the conservation of the information, we have determined that habitat for C. frustrata is prudent. species. We designate critical habitat in the designation of critical habitat would areas outside the geographical area increase the threat to Consolea Critical Habitat Determinability occupied by a species only when a corallicola and Harrisia aboriginum Having determined that designation of designation limited to its range would from unauthorized collection and trade, critical habitat is prudent for be inadequate to ensure the and may further facilitate inadvertent or Chromolaena frustrata, under section conservation of the species. purposeful disturbance and vandalism 4(a)(3) of the Act, we must find whether Section 4 of the Act requires that we to the cacti’s habitat. We believe that critical habitat is determinable for the designate critical habitat on the basis of designation of occupied critical habitat species. Our regulations at 50 CFR the best scientific data available. is likely to confer only an educational 424.12(a)(2) state that critical habitat is Further, our Policy on Information benefit to these cacti beyond that not determinable when one or both of Standards Under the Endangered provided by listing. Alternatively, the the following situations exist: Species Act (published in the Federal designation of unoccupied critical (i) Information sufficient to perform Register on July 1, 1994 (59 FR 34271)), habitat for either species could provide required analyses of the impacts of the the Information Quality Act (section 515 an educational and at least some designation is lacking; or of the Treasury and General regulatory benefit for each species. Government Appropriations Act for (ii) The biological needs of the species However, we believe that the risk of Fiscal Year 2001 (Pub. L. 106–554; H.R. are not sufficiently well known to increasing significant threats to the 5658)), and our associated Information species by publishing more specific permit identification of an area as Quality Guidelines, provide criteria, location information in a critical habitat critical habitat. establish procedures, and provide designation greatly outweighs the We reviewed the available guidance to ensure that our decisions benefits of designating critical habitat. information pertaining to the biological are based on the best scientific data In conclusion, we find that the needs of Chromolaena frustrata and available. They require our biologists, to designation of critical habitat is not habitat characteristics where the species the extent consistent with the Act and prudent, in accordance with 50 CFR is located. This and other information with the use of the best scientific data 424.12(a)(1), because Consolea represent the best scientific data available, to use primary and original corallicola and Harrisia aboriginum are available and have led us to conclude sources of information as the basis for threatened by collection and habitat that the designation of critical habitat is recommendations to designate critical destruction, and designation can determinable for C. frustrata. habitat. reasonably be expected to increase the Designation of Critical Habitat When we are determining which areas degree of these threats to these species should be designated as critical habitat, and their habitats. Critical habitat Under the first prong of the Act’s our primary source of information is designation could provide some benefit definition of critical habitat, areas generally the information developed to these species, but these benefits are within the geographical area occupied during the listing process for the significantly outweighed by the by the species at the time it was listed species. Additional information sources increased risk of collection pressure and are included in a critical habitat may include the recovery plan for the enforcement problems that could result designation if they contain physical or species, articles in peer-reviewed from depicting, through publicly biological features (1) which are journals, conservation plans developed available maps and descriptions, exactly essential to the conservation of the by States and counties, scientific status where these extremely rare cacti and species and (2) which may require surveys and studies, biological their habitat can be found. special management considerations or assessments, other unpublished protection. For these areas, critical materials, or experts’ opinions or Determination of Prudency for habitat designations identify, to the personal knowledge. Chromolaena frustrata extent known using the best scientific Habitat is dynamic, and species may In contrast to Consolea corallicola and and commercial data available, those move from one area to another over Harrisia aboriginum, Chromolaena physical or biological features that are time. We recognize that critical habitat frustrata is not sought after by collectors essential to the conservation of the designated at a particular point in time and there is no evidence that the species (such as space, food, cover, and may not include all of the habitat areas designation of critical habitat would protected habitat). In identifying those that we may later determine are result in an increased threat from taking physical and biological features within necessary for the recovery of the (particularly poaching) or other human an area, we focus on the principal species. For these reasons, a critical activity for this species. On the other biological or physical constituent habitat designation does not signal that hand, as for these other species, we find elements (primary constituent elements habitat outside the designated area is that the designation of critical habitat such as roost sites, nesting grounds, unimportant or may not be needed for for C. frustrata, as for the other two seasonal wetlands, water quality, tide, recovery of the species. Areas that are species, is likely to provide at least soil type) that are essential to the important to the conservation of the some benefit to the species by serving to conservation of the species. Primary species, both inside and outside the focus conservation efforts on the constituent elements are the specific critical habitat designation, would restoration and maintenance of elements of physical or biological continue to be subject to: (1) ecosystem functions that are essential features that provide for a species’ life- Conservation actions implemented

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under section 7(a)(1) of the Act, (2) Space for Individual and Population no other information regarding the regulatory protections afforded by the Growth ecology of the species related to requirement in section 7(a)(2) of the Act Plant Community and Competitive reproduction needs. for Federal agencies to ensure their Ability. Chromolaena frustrata occurs in Habitats Protected From Disturbance or actions are not likely to jeopardize the communities classified as coastal berms, Representative of the Historical, continued existence of any endangered coastal rock barrens, buttonwood Geographic, and Ecological or threatened species, and (3) section 9 forests, and rockland hammocks Distributions of the Species of the Act’s prohibitions on taking any restricted to tropical South Florida and individual of the species, including Chromolaena frustrata continues to the Florida Keys. These communities occur in habitats that are protected from taking caused by actions that affect and their associated native plant species habitat. Federally funded or permitted human-generated disturbances and are are provided in the Status Assessment representative of the species’ historical, projects affecting listed species outside for Chromolaena frustrata, Consolea their designated critical habitat areas geographical, and ecological corallicola, and Harrisia aboriginum distribution although its range has been may still result in jeopardy findings in section above. some cases. These protections and reduced. The species still is found in all conservation tools would continue to Food, Water, Air, Light, Minerals, or of its representative plant communities: contribute to recovery of this species if Other Nutritional or Physiological Rock barrens, coastal berms, we list Chromolaena frustrata. Requirements buttonwood forest, and rockland hammocks. In addition, representative Similarly, critical habitat designations Climate (temperature and made on the basis of the best available communities are located on Federal, precipitation). The climate of south State, local, and private conservation information at the time of designation Florida where Chromolaena frustrata will not control the direction and lands that implement conservation occurs is characterized by distinct wet measures benefitting the species. substance of future recovery plans, and dry seasons, a monthly mean habitat conservation plans (HCPs), or ° ° Disturbance Regime. All of the temperature above 18 (64.4 F) in habitats that support Chromolaena other species conservation planning every month of the year, and annual efforts if new information available at frustrata depend on some degree of rainfall averaging 75 to 150 cm (30 to 60 natural disturbance regime from the time of these planning efforts calls in) (Gabler et al. 1994, p. 211). Freezes for a different outcome. hurricanes or tidal inundation to reduce can occur in the winter months, but are the canopy in order to provide light Physical or Biological Features very infrequent at this latitude in levels sufficient to support the species. Florida. The historical frequency and magnitude In accordance with section 3(5)(A)(i) Soils. Substrates supporting of hurricanes and tidal inundation has and 4(b)(1)(A) of the Act and regulations Chromolaena frustrata for anchoring or allowed for the persistence of C. at 50 CFR 424.12, in determining which nutrient absorption vary depending on frustrata by occasionally creating areas areas within the geographical area the habitat and location and include of open canopy that support the species. occupied by the species at the time of marl (an unconsolidated sedimentary In the absence of disturbance, some of listing to designate as critical habitat, rock or soil consisting of clay and lime) these habitats may have closed we consider the physical or biological (Sadle, 2008 and 2012, pers. comm.); canopies, resulting in areas lacking features (PBFs) that are essential to the soils consisting of covering limestone; enough available sunlight to support conservation of the species and which exposed bare limestone rock or with a Chromolaena frustrata. However, too may require special management thin layer of leaf litter or highly organic frequent or severe disturbance that considerations or protection. These soil (Bradley and Gann 1999, p. 37; transitions the habitat toward more include, but are not limited to: FNAI 2010d, p.1); or loose sediment saline conditions could result in the (1) Space for individual and formed by a mixture of coarse sand, decline of the species in the area. population growth and for normal shell fragments, pieces of coralline The natural process giving rise to behavior; algae, and other coastal debris (FNAI coastal rock barren is not known, but as (2) Food, water, air, light, minerals, or 2010a, p.1). it occurs on sites where the thin layer other nutritional or physiological Hydrology. The species requires of organic soil over limestone bedrock is requirements; coastal berms and coastal rock barrens missing, coastal rock barren may have (3) Cover or shelter; that occur above the daily tidal range, formed by soil erosion following but are subject to flooding by seawater (4) Sites for breeding, reproduction, or destruction of the plant cover by fire or during extreme tides and storm surge. rearing (or development) of offspring; storm surge (FNAI 2010c, p. 2). Rockland hammock occurs on high Fires are rare to nonexistent in coastal and ground that does not regularly flood, but rock barren coastal berm, and (5) Habitats that are protected from it is often dependent upon a high water buttonwood forest communities (FNAI disturbance or are representative of the table to keep humidity levels high, and 2010a, b, c, entire). Historically, historical, geographical, and ecological they can be inundated during storm rockland hammocks in south Florida distributions of a species. surges (FNAI 2010d, p.1). evolved with fire in the landscape; fire We derive the specific PBFs for most often extinguished near the edges Chromolaena frustrata from Sites for Breeding, Reproduction, or Rearing (or Development) of Offspring when it encountered the hammock’s observations of this species’ habitat, moist microclimate and litter layer. ecology, and life history as described The reproductive biology and needs However, rockland hammocks are below. The PBFs for C. frustrata were of Chromolaena frustrata have not been susceptible to damage from fire during defined on the basis of the habitat studied (Bradley and Gann 1999, p. 37). extreme drought or when the water table features of the areas actually occupied We have no other information available is lowered (FNAI 2010d, p. 2). by the plants, which included climate, beyond the habitat preferences and substrate types, hydrologic regimes, demographic trends and life-history Cover or Shelter plant community structure, associated cycles. Thus, except habitat Chromolaena frustrata occurs in open plant species, and locale information. requirements discussed above we have canopy and semi-open to closed canopy

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habitats and thrives in areas of moderate substrate, hydrology, disturbance (2) Substrate with a thin layer of sun exposure (Bradley and Gann 1999, regime, and the species composition highly organic soil covering limestone p. 37). The amount and frequency of and structure of vegetation. The PCEs or organic matter that accumulates on such microsites varies by habitat type collectively provide the suite of PBFs top of the underlying limestone; and and time, and since the last disturbance. essential to meeting the requirements of (3) A plant community of In rockland hammocks, suitable C. frustrata. predominately native vegetation and microsites will often be found near the Based on our current knowledge of either no competitive nonnative, hammock edge where the canopy is the PBFs and habitat characteristics invasive plant species or such species in most open. However, the species has required to sustain the species’ life- quantities low enough to have minimal been observed to spread into the history processes, we determine that the effect on the survival of Chromolaena hammocks when canopy cover is PCEs for C. frustrata are: frustrata. Rockland hammock has a reduced by hurricane damage to canopy (1) Areas of upland habitats consisting canopy vegetated by Bursera, Lysiloma, trees. More open communities (e.g., of coastal berm, coastal rock barren, Simarouba, Krugiodendron, Ocotea, coastal berm, buttonwood and salt rockland hammocks, and buttonwood Piscidia, Swietenia, Sideroxylon, marsh ecotone) provide more abundant forest. Exothea, Ficus, Coccoloba, Metopium, and temporally consistent suitable (A) Coastal berm habitat contains: Conocarpus, Guapira, and Pisonia; a habitat than communities capable of (1) Open to semi-open canopy, subcanopy vegetated by Eugenia, establishing a dense canopy (e.g., subcanopy, and understory; Thrinax, Amyris, Ardisia, Psychotria, hardwood hammock). (2) Substrate of coarse, calcareous, Chrysophyllum, Sabal, Guaiacum, Accordingly, we have determined that storm-deposited sediment; and Ximenia, and Colubrina; and an Chromolaena frustrata requires the (3) A plant community of understory vegetated by Zamia, following PBFs: predominately native vegetation and Acanthocereus, and Oplismenus. (1) Upland habitats consisting of either no competitive nonnative, (D) Buttonwood forest habitat coastal berm, coastal rock barren, invasive plant species or such species in contains: rockland hammocks, and buttonwood quantities low enough to have minimal (1) Open to semi-open canopy and forest; effect on the survival of Chromolaena understory; (2) Habitats inundated by storm surge frustrata. Coastal berm habitat has a (2) Substrate with calcareous marl or tidal events at a frequency needed to canopy vegetated by Bursera, muds, calcareous sands, or limestone limit plant species competition while Coccoloba, Coccothrinax, Guapira, rock; and (3) A plant community of not creating too saline conditions; Drypetes, Genipa, and Metopium; a predominately native vegetation and (3) Substrate derived from calcareous subcanopy vegetated by Eugenia, either no competitive nonnative, sand, limestone, or marl to provide Ximenia, Randia, Pithecellobium, invasive plant species or such species in anchoring and nutritional requirements; Laguncularia, Conocarpus, Avicennia, (4) Vegetation composition and quantities low enough to have minimal Rhizophora, Suriana, Manilkara, structure that allows for adequate effect on the survival of Chromolaena Jacquinia, and Sideroxylon; and an sunlight, and space for individual frustrata. Buttonwood forest has a understory vegetated by Borrichia, growth and population expansion; canopy vegetated by Conocarpus, and Hymenocallis, Capparis, Lantana, (5) Habitat connectivity of sufficient an understory vegetated by Borrichia, Rivina, Sesuvium, Distichlis, and size and suitability, or habitat that can Lycium, and Limonium. be restored to these conditions that Sporobolus. (2) A disturbance regime, due to the supports species growth, distribution (B) Coastal rock barren (Keys cactus effects of strong winds or salt-water and population expansion; and barren, Keys tidal rock barren) habitat inundation from storm surge or (6) Disturbance regimes, including contains: infrequent tidal inundation, that creates hurricanes, and infrequent inundation (1) Open to semi-open canopy and canopy disruption in coastal berm, events that saturate the substrate, to understory; coastal rock barren, rockland maintain suitable sites for Chromolaena (2) Limestone rock substrate; and hammocks, and buttonwood forest frustrata within these habitats. (3) A plant community of habitats listed above. predominately native vegetation and (3) Habitats that are connected and of Primary Constituent Elements for either no competitive nonnative, sufficient area to sustain viable Chromolaena frustrata invasive plant species or such species in populations in in coastal berm, coastal Under the Act and its implementing quantities low enough to have minimal rock barren, rockland hammocks, and regulations, we are required to identify effect on the survival of Chromolaena buttonwood forest habitats listed above. the PBFs essential to the conservation of frustrata. Coastal rock barren habitat has Chromolaena frustrata in areas a subcanopy vegetated by Conocarpus, Special Management Considerations or occupied at the time of listing, focusing Lycium, Gossypium, Sideroxylon, Protection on the features’ primary constituent Pithecellobium, Suriana, Randia, When designating critical habitat, we elements (PCEs). Primary constituent Metopium, Acanthocereus, Maytenus, assess whether the specific areas within elements are those specific elements of Opuntia, Agave, Bursera, and Eugenia; the geographic area occupied by the the physical or biological features that and an understory vegetated by species at the time of listing contain provide for a species’ life-history Evolvulus, Cienfuegosia, Indigofera, features which are essential to the processes and are essential to the Borrichia, Sarcocornia, Batis, conservation of the species and which conservation of the species. Leptochloa, Paspalidium, may require special management We derive the PCEs for Chromolaena Monanthochloe, Distichlis, Sporobolus, considerations or protection. frustrata primarily based on those PBFs and Fimbristylis. Management considerations or that support the successful functioning (C) Rockland hammock habitat protection are necessary throughout the of the habitat upon which the species contains: critical habitat areas proposed here to depends. C. frustrata is dependent upon (1) Canopy gaps and edges with an avoid further degradation or destruction functioning habitats to provide its open to semi-open canopy, subcanopy, of the habitat that provides those fundamental life requirements, such as and understory; features essential to the species’

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conservation. The primary threats to the available to designate critical habitat. best unoccupied areas for consideration PBFs that Chromolaena frustrata We reviewed available information of inclusion are described below. depends on include: (1) Habitat pertaining to the habitat requirements of Habitat fragmentation can have destruction and modification by this species. We are proposing to negative effects on biological development; (2) competition with designate critical habitat in areas within populations, especially rare plants, and nonnative, invasive plant species; (3) the geographical area occupied by can affect survival and recovery (Aguilar wildfire; (4) hurricanes and storm surge; Chromolaena frustrata at the time of et al. 2006, pp. 968–980; Aguilar et al. and (5) sea level rise. Some of these listing. All of these units are designated 2008, pp. 5177–5188; Potts et al. 2010, threats can be addressed by special based on sufficient elements of physical pp. 345–352). Fragments are often not of management considerations or and biological features being present to sufficient size to support the natural protection while others (e.g., sea level support known Chromolaena frustrata diversity prevalent in an area, and thus rise, hurricanes) are beyond the control life-history processes. exhibit a decline in biodiversity (Fahrig of land owners and managers. However, In accordance with the Act and its 2003, pp. 487–515). Fragmentation while land owners or land managers implementing regulation at 50 CFR effects are especially prevalent in may not be able to control all the 424.12(e), we considered whether systems where multiple generations threats, they may be able to address the designating additional areas—outside have elapsed since the fragmentation results of the threats. those currently occupied as well as occurred (Aguilar et al. 2008, p. 5177). Management activities that could those occupied at the time of listing— Habitat fragmentation has been shown ameliorate these threats include the are necessary to ensure the conservation to disrupt plant-pollinator interactions monitoring and minimization of of the species. For the reasons described and predator-prey interactions (Steffan- recreational activities impacts, below, we also are proposing to Dewenter and Tscharntke 1999, pp. nonnative species control, and designate specific areas outside the 432–440; Aguilar et al. 2006, pp. 968– protection from development. geographical area currently occupied by 980; Eckert et al. 2010, pp. 35–43), alter Precautions are needed to avoid the the species (that would mean occupied seed germination percentages (Menges inadvertent trampling of Chromolaena at the time of listing), but which were 1991, pp. 158–164), affect recruitment frustrata in the course of management historically occupied, because we have (Santos and Telleria 1997, pp. 181–187; activities and public use. Development determined that such areas are essential Quesada et al. 2003, pp. 400–406), and of recreation facilities or programs for the conservation of the species. result in lowered fruit set (Burd 1994, should avoid impacting these habitats Small populations and plant species pp. 83–139; Cunningham 2000, pp. directly or indirectly. Ditching should with limited distributions, like those of 1149–1152; Eckert et al. 2010, p. 38). be avoided because it alters the Chromolaena frustrata, are vulnerable In general, habitat fragmentation hydrology and species composition of to relatively minor environmental causes habitat loss, habitat degradation, these habitats. Sites that have shown disturbances (Frankham 2005, pp. 135– habitat isolation, changes in species increasing encroachment of woody 136), and are subject to the loss of composition, changes in species species over time may require efforts to genetic diversity from genetic drift, the interactions, increased edge effects, and maintain the open nature of the habitat, random loss of genes, and inbreeding reduced habitat connectivity (Fahrig which favors these species. Nonnative (Ellstrand and Elam 1993, pp. 217–237; 2003, pp. 487–515; Fisher and species control programs are needed to Leimu et al. 2006, pp. 942–952). Plant Lindenmayer 2007, pp. 265–280). reduce competition and prevent habitat populations with lowered genetic Habitat fragments are often functionally degradation. The reduction of these diversity are more prone to local smaller than they appear because edge threats will require the implementation extinction (Barrett and Kohn 1991, pp. effects (such as increased nonnative, of special management actions within 4, 28). Smaller plant populations invasive species or wind speeds) impact each of the critical habitat areas generally have lower genetic diversity, the available habitat within the fragment identified in this proposed rule. All and lower genetic diversity may in turn (Lienert and Fischer 2003, p. 597). proposed critical habitat requires active lead to even smaller populations by Shaffer and Stein (2000) identify a management to address the ongoing decreasing the species’ ability to adapt, methodology for conserving imperiled threats listed above (and those thereby increasing the probability of species known as the ‘three Rs’: presented in Factors A through E). population extinction (Newman and Representation, resiliency, and In summary, we find that each of the Pilson 1997, p. 360; Palstra and redundancy. Representation, or areas we are proposing as critical habitat Ruzzante 2008, pp. 3428–3447). Because preserving some of everything, means that are occupied by Chromolaena of the dangers associated with small conserving not just a species but its frustrate contain features essential to the populations or limited distributions, the associated plant communities. conservation of the species that may recovery of many rare plant species Resiliency and redundancy ensure there require special management includes the creation of new sites or is enough of a species so it can survive considerations or protection to ensure reintroductions to ameliorate these into the future. Resiliency means conservation of the species. These effects. ensuring that the habitat is adequate for special management considerations and When designating critical habitat, we a species and its representative protection are required to preserve and consider future recovery efforts and components. Redundancy ensures an maintain the essential features provided conservation of the species. Realizing adequate number of sites and to these species by the ecosystems upon that the current occupied habitat is not individuals. This methodology has been which they depend. A more detailed enough for the conservation and widely accepted as a reasonable discussion of these threats is presented recovery of Chromolaena frustrata, we conservation strategy (Tear et al. 2005, above in ‘‘Summary of Factors Affecting used habitat and historical occurrence p. 841). the Species.’’ data to identify unoccupied habitat We have addressed representation essential for the conservation of the through our PCEs (as discussed above) Criteria Used To Identify Critical species. The justification for why and by providing habitat for Habitat unoccupied habitat is essential to the Chromolaena frustrata. There are only As required by section 4(b)(2) of the conservation of these species and the approximately 6,000 to 8,000 known Act, we use the best scientific data methodology we used to identify the individuals and only 8 populations, four

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of which have fewer than 100 sea level rise) and support genetic (4) Areas to allow the dynamic nature individuals (low redundancy). Seven of diversity; of coastal berm, buttonwood forest, eight populations occur on small islands (4) Increase the size of each rockland hammock, and coastal rock where the amount of suitable and population to a level where the threats barren habitats to respond to hurricane remaining habitat is limited (low of genetic, demographic, and normal and salt-water inundation. Areas with resiliency). For adequate redundancy environmental uncertainties are an open canopy which are suitable for and resiliency, we believe it is necessary diminished; and C. frustrata are patchy within rockland for conservation and recovery that (5) Maintain their ability to withstand hammock and coastal rock barren. At additional populations of C. frustrata be local or unit level environmental any one time, not all the elements of the established. Therefore, we have fluctuations or catastrophes. PBFs are found in these habitats and proposed two unoccupied areas for We utilized the following process to affect the suitability for C. frustrata. The designation as critical habitat units on select appropriate critical habitat units size and location of these areas are islands of the Florida Keys where C. for Chromolaena frustrata: dynamic over time, being largely driven frustrata was historically recorded, but by disturbance by hurricanes in has since been extirpated. Areas Occupied at Time of Listing hammocks and storm surge in coastal To determine the location and (1) For the purpose of designating rock barrens. After hurricanes, canopy boundaries of critical habitat, the critical habitat for Chromolaena gaps created by the storm begin to close Service used the following sources of frustrata, we defined the geographical over time, limiting light availability and information: area currently occupied by the species suitability of the gap to C. frustrata. (1) FNAI population records and as required by section 3(5)(A)(i) of the Thus, these areas could be transitory in ArcGIS geographic information system Act. Proposed occupied critical habitat providing all the elements of the PBFs (GIS) software to spatially depict the units were delineated around extant as canopy regrows and closes. To location and extent of documented populations. These units include the address the dynamic nature of these populations of Chromolaena frustrata mapped extent of the population and habitats, we included all contiguous (FNAI 2011b, pp. 1–17); adjacent areas that contain the elements habitat associated with a current (2) Reports prepared by botanists with of the PBFs that allow for population population record that retains at least the Institute for Regional Conservation growth and expansion and to account one element of the PBFs. (IRC), NPS, and Florida Department of for dynamic habitat processes (i.e., gain (5) Areas to ensure the persistence of Chromolaena frustrata in the face of Environmental Protection (FDEP). Some and loss of areas with sufficient light imminent effects on habitats as a result of these were funded by the Service, availability due to disturbance of of sea level rise. others were requested or volunteered by canopy by natural events such as biologists with the NPS or FDEP; inundation and hurricanes), and habitat Areas Not Occupied at Time of Listing (3) Historical records found in reports transition or loss due to sea level rise. and associated voucher specimens (1) Areas where Chromolaena In the ENP, the distribution of frustrata occurred historically but has housed at herbaria, all of which are also Chromolaena frustrata is across a larger referenced in the above mentioned since been extirpated. Chromolaena area than at any other single location. In frustrata has been extirpated from reports from the IRC and FNAI; the Keys, the same criteria were used, (4) Digitally produced habitat maps several locations where it was but the size of the proposed units is provided by NPS and Monroe County; previously recorded. Of those areas limited by the size of individual islands. and found in reports, we are proposing (5) Aerial images of Miami-Dade and (2) Areas to maintain connectivity of critical habitat only for those that are Monroe Counties. The presence of PCEs habitat. Some areas that may contain well-documented and still retain some was determined through the use of GIS only some of the elements of the PBFs or all the elements of the PBFs (i.e., Big spatial data depicting the current habitat were included if they were contiguous Pine Key, Key Largo (Bradley and Gann status. This habitat data for the Keys with areas containing one or more of 2004, pp. 4–6)). Areas such as Fiesta were developed by Monroe County from those elements and if they contribute to Key and Knight’s Key, which once 2006 aerial images, and ground the hydrologic processes and supported populations of C. frustrata conditions for many areas were checked disturbance regime essential to the but no longer contain any PCEs and in 2009. Habitat data for ENP were ecological function of the system. These cannot be restored, are not included. As provided by the NPS. The areas that areas maintain connectivity within it is not always possible to identify that contain PCEs follow predictable populations and allow for population exact location where a specimen was landscape patterns and have a expansion. collected, we used available recognizable signature in the aerial (3) Areas for restoration. We have descriptions to speculate upon likely photographs. selected some areas within occupied locales, but ultimately were guided by We have identified areas to include in units that, once restored, would be able the location of remaining habitats on this proposed designation by applying to support expansion and a larger islands where little of these habitats the following considerations. number of the species. These areas remain. The amount and distribution of generally are habitats within or adjacent (2) Areas of sufficient size to support critical habitat being proposed for to coastal berms, coastal barrens, ecosystem processes for occupied designated would allow populations of rockland hammocks, or buttonwood populations of Chromolaena frustrata. Chromoleana frustrata to: forest that retain some of the elements Large contiguous parcels of habitat are (1) Maintain their existing of the PBFs although some PBFs have more likely to be resilient to ecological distribution; been lost through natural or processes of disturbance and (2) Expand their distribution into anthropogenic causes. These areas succession, and support viable previously occupied areas (needed to would provide habitat to off-set the populations of Chromolaena frustrata. offset habitat loss and fragmentation); anticipated loss and degradation of When determining proposed critical (3) Use habitat depending on habitat habitat occurring or expected from the habitat boundaries, we made every availability (response to changing nature effects of climate change (such as sea effort to avoid including developed of coastal habitat including occurring level rise) or due to development. areas such as lands covered by

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buildings, pavement, and other the physical or biological features in the Proposed Critical Habitat Designation structures because such lands lack adjacent critical habitat. physical or biological features for The critical habitat designation is We are proposing nine units as Chromolaena frustrata. The scale of the defined by the map or maps, as critical habitat for Chromolaena maps we prepared under the parameters modified by any accompanying frustrata. The critical habitat areas we for publication within the Code of regulatory text, presented at the end of describe below constitute our current Federal Regulations may not reflect the this document in the rule portion. We best assessment of areas that meet the exclusion of such developed lands. Any include more detailed information on definition of critical habitat for C. such lands inadvertently left inside the boundaries of the critical habitat frustrata. The nine areas we propose as critical habitat boundaries shown on the designation in the preamble of this critical habitat are: (1) Everglades maps of this proposed rule have been document. We will make the National Park; (2) Key Largo; (3) Upper excluded by text in the proposed rule coordinates or plot points or both on Matecumbe Key; (4) Lignumvitae Key; and are not proposed for designation as which each map is based available to (5) Lower Matecumbe Key; (6) Long critical habitat. Therefore, if the critical the public on http:// Key; (7) Big Pine Key; (8) Big Munson habitat is finalized as proposed, a www.regulations.gov at Docket No. Island; and (9) Boca Grande Key. Federal action involving these lands FWS–R4–ES–2012–0076, on our Landownership within the proposed would not trigger section 7 consultation Internet sites (http://www.fws.gov/ critical habitat consists of Federal (62 with respect to critical habitat and the verobeach/), and at the field office percent), State (30 percent), and private requirement of no adverse modification responsible for the designation (see FOR and other (8 percent). Table 4 unless the specific action would affect FURTHER INFORMATION CONTACT above). summarizes these units.

TABLE 4—Chromolaena frustrata PROPOSED CRITICAL HABITAT UNITS

Unit number Unit name Ownership Percent Hectares Acres PCEs present Occupied

1 ...... Everglades Na- Federal ...... 100 1,525 3,768 coastal berm, yes. tional Park. rockland ham- mock, buttonwood for- est.

Total ...... 100 1,525 3,768

2 ...... Key Largo ...... Federal ...... 23 325 803 coastal berm, no. rockland ham- mock, buttonwood for- est.

State ...... 63 878 2,170 Private ...... 13 185 457 Total ...... 100 1,388 3,430

3 ...... Upper Matecumbe State ...... 34 9 22 coastal berm, yes. Key. coastal rock barren, rockland hammock.

Private ...... 66 18 44 Total ...... 100 27 66

4 ...... Lignumvitae Key .. State ...... 100 73 180 rockland ham- yes. mock, buttonwood for- est.

Total ...... 100 73 180

5 ...... Lower Matecumbe State ...... 49 9 22 coastal berm, yes. Key. coastal rock barren, rockland hammock, buttonwood for- est.

Private ...... 51 9 22 Total ...... 100 18 44

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TABLE 4—Chromolaena frustrata PROPOSED CRITICAL HABITAT UNITS—Continued

Unit number Unit name Ownership Percent Hectares Acres PCEs present Occupied

6 ...... Long Key ...... State ...... 73 61 151 coastal berm, yes. coastal rock barren, rockland hammock, buttonwood for- est.

Private ...... 27 23 57 Total ...... 100 84 208

7 ...... Big Pine Key ...... Federal ...... 88 277 684 coastal berm, no. coastal rock barren, rockland hammock, buttonwood for- est.

Private ...... 12 38 94 Total ...... 100 ...... 315 778

8 ...... Big Munson Island Private ...... 100 11 27 coastal berm, yes. rockland ham- mock, buttonwood for- est.

Total ...... 100 11 27 9 ...... Boca Grande Key Federal ...... 100 25 62 coastal berm, yes. rockland ham- mock, buttonwood for- est.

Total ...... 100 25 62

Total All Units ...... Federal ...... 62 2,152 5,318

State ...... 30 1,030 2,545

Private and Other 8 284 702

All ...... 3,466 8,565 Note: Area sizes may not sum due to rounding.

Seven of the nine critical habitat units for the wintering piping plover specific units, and the species for which proposed for Chromolaena frustrata are (Charadrius melodus) and the American they are designated are shown in Table also currently designated under the Act crocodile (Crocodylus acutus) The 4.

TABLE 5—CRITICAL HABITAT AREAS PROPOSED FOR Chromolaena frustrata THAT ARE CURRENTLY DESIGNATED OR PROPOSED AS CRITICAL HABITAT FOR OTHER FEDERALLY LISTED SPECIES

Proposed unit (unit #) Species for which critical habitat is designated Federal Register reference

Unit 1—Everglades National Park ...... American Crocodile ...... 50 CFR 17.95(c). Unit 2—Key Largo ...... American Crocodile ...... 50 CFR 17.95(c). Unit 3—Upper Matecumbe Key ...... American Crocodile ...... 50 CFR 17.95(c). Unit 4—Lignumvitae Key ...... American Crocodile ...... 50 CFR 17.95(c). Unit 5—Lower Matecumbe Key ...... American Crocodile ...... 50 CFR 17.95(c). Unit 6—Long Key ...... American Crocodile ...... 50 CFR 17.95(c). Unit 9—Boca Grande Key ...... Wintering piping plover; Unit FL–29 ...... 50 CFR 17.95(b).

We present brief descriptions of all Unit 1: Everglades National Park, percent of which are located within the units and reasons why they meet the Monroe County and Miami-Dade County ENP along the southern coast of Florida definition of critical habitat for from Cape Sable to Trout Cove, located Chromolaena frustrata, below. Unit 1 consists of 1,525 ha (3,768 ac) between the mean high water line to in Monroe County and Miami-Dade approximately 4.02 km (2.5 miles) County. This unit is comprised entirely inland. This unit is currently occupied of lands in Federal ownership, 100

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and contains the features essential to the serves to protect habitat needed to protection to address threats of conservation of the species. The unit recover the species, reestablish wild nonnative species and sea level rise. contains coastal berm, rockland populations within the historical range Unit 5: Lower Matecumbe Key, Monroe hammock, and buttonwood forest PCEs. of the species, and maintain populations County This unit contains all the PBFs, throughout the historic distribution of including suitable climate, hydrology, the species in the Florida Keys, and Unit 5 consists of 18 ha (44 ac) in substrate, associated native plant provides area for recovery in the case of Monroe County. The unit is comprised species, and disturbance regimes, stochastic events that otherwise would of State lands within Lignumvitae Key required by the species. The PBFs in eliminate the species from the one or State Botanical Park, parcels owned by this unit may require special more locations it is presently found. the Florida Department of management considerations or Transportation (9 ha (22 ac)); and Unit 3: Upper Matecumbe Key, Monroe protection to address threats of parcels in private ownership (9 ha (22 County nonnative plant species and sea level ac)). This unit extends from the east side rise. Unit 3 consists of 27 ha (66 ac) in of U.S. 1 from 0.2 km (0.14 mi) from the Monroe County. This unit is comprised north edge of Lower Matecumbe Key, Unit 2: Key Largo, Monroe County of State lands within Lignumvitae Key situated across U.S. 1 from Davis Lane Unit 2 consists of 1,388 ha (3,430 ac) State Botanical Park, Indian Key and Tiki Lane. The unit continues on in Monroe County. This unit is Historical State Park (9 ha (22 ac)); City either side of U.S. 1 approximately 0.4 comprised of Federal lands within of Islamorada lands within the Key Tree mi (0.6 km) from the north edge of Crocodile Lake National Wildlife Refuge Cactus Preserve and Green Turtle Lower Matecumbe Key for (NWR) (325 ha (803 ac)); State lands Hammock Park and parcels in private approximately 0.9 km (0.6 mi). within Dagny Johnson Botanical State ownership (18 ha (44 ac)). This unit This unit is currently occupied and Park, John Pennekamp Coral Reef State extends from Matecumbe Avenue south contains the features essential to the Park, and the Florida Keys Wildlife and to Seashore Avenue along either side of conservation of the species. It contains Environmental Area (878 ha (2,170 ac)); U.S. 1. The unit then continues along all PBFs, including suitable climate, and parcels in private ownership (185 the west side of U.S. 1, including the hydrology, substrate, associated native ha (457 ac)). Green Turtle Hammock Park and a plant species, and disturbance regimes, This unit extends from near the nature preserve owned by the City of required by the species. The PBFs in northern tip of Key Largo, along the Islamorada; straddles U.S. 1 in the this unit may require special length of Key Largo, beginning at the vicinity of Indian Key Historical Park; management considerations or south shore of Ocean Reef Harbor near and continues for 0.8 km (0.5 mi) to protection to address threats of South Marina Drive and the intersection near the southern tip of Key Largo on nonnative species and sea level rise. of County Road (CR) 905 and Clubhouse the west side of U.S. 1. Road on the west side of CR 905, and This unit is currently occupied and Unit 6: Long Key, Monroe County between CR 905 and Old State Road contains the features essential to the Unit 6 consists of 84 ha (208 ac) in 905, then extending to the shoreline conservation of the species. It contains Monroe County. This unit is comprised south of South Harbor Drive. The unit the PCEs of coastal berm, coastal rock of State lands within Long Key State then continues on both sides of CR 905 barren, and rockland hammock. This Park (61 ha (151 ac)) and parcels in through the Crocodile Lake NWR, Dagny unit contains all PBFs, including private ownership (23 ha (57 ac)). The Johnson Key Largo Hammock Botanical suitable climate, hydrology, substrate, unit extends from the southwestern tip State Park, and John Pennekamp Coral associated native plant species, and of Long Key along the island’s west and Reef State Park. The unit then disturbance regimes, required by the south shores. terminates near the junction of U.S. 1 species. The PBFs in this unit may The unit is currently occupied and and CR 905 and Garden Cove Drive. The require special management contains the features essential to the unit resumes on the east side of U.S. 1 considerations or protection to address conservation of the species. It contains from South Andros Road to Key Largo threats of nonnative species and sea the PCEs of coastal berm, coastal rock Elementary; then from intersection of level rise. barren, rockland hammock, and Taylor Drive and Pamela Street to buttonwood forest. This unit contains Avenue A; then from Sound Drive to the Unit 4: Lignumvitae Key, Monroe all PBFs, including suitable climate, intersection of Old Road and Valencia County hydrology, substrate, associated native Road; then resumes on the east side of Unit 4 consists of 73 ha (180 ac) in plant species, and disturbance regimes U.S. 1 from Hibiscus Lane and Ocean Monroe County. This unit is comprised required by the species. The PBFs in Drive. The unit continues south near the entirely of lands in State ownership, 100 this unit may require special Port Largo Airport from Poisonwood percent of which are located within the management considerations or Road to Bo Peep Boulevard. The unit Lignumvitae Key Botanical State Park protection to address threats of resumes on the west side of U.S. 1 from (LKBSP). development, nonnative species, and the intersection of South Drive and This unit is currently occupied and sea level rise. Meridian Avenue to Casa Court Drive. contains the features essential to the The unit then continues on the west conservation of the species. This unit Unit 7: Big Pine Key, Monroe County side of U.S. 1 from the point on the includes all PCEs of rockland hammock Unit 7 consists of 315 ha (778 ac) in coast directly west of Peace Avenue and buttonwood forest habitat that Monroe County. Unit 7 consists of 315 south to Caribbean Avenue. The unit occur within LKBSP on Lignumvitae ha (778 ac) in Monroe County. This unit also includes a portion of the barrier Key. This unit contains all PBFs, is comprised of Federal land within the island in Largo Sound located directly including suitable climate, hydrology, National Key Deer Refuge (NKDR) (277 east of Avenue A, extending south to a substrate, associated native plant ha (684 ac)) and parcels in private point directly east of Mahogany Drive. species, and disturbance regimes, ownership (38 ha (94 ac)). This unit This unit is not currently occupied but required by the species. The PBFs in extends from near the northern tip of contains habitat essential to the this unit may require special Big Pine Key along the eastern shore to conservation of the species because it management considerations or the vicinity of Hellenga Drive and

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Watson Road; from Gulf Boulevard protection to address threats of requirements of section 7(a)(2) through south to West Shore Drive; from the nonnative species and sea level rise. our issuance of: southwest tip of Big Pine Key, bordered (1) A concurrence letter for Federal Effects of Critical Habitat Designation by Big Pine Avenue and Elma Avenues actions that may affect, but are not on the east, Coral and Yacht Club Road, Section 7 Consultation likely to adversely affect, listed species and U.S. 1 on the north, and Industrial Section 7(a)(2) of the Act requires or critical habitat; or (2) A biological opinion for Federal Avenue on the east; extending along the Federal agencies, including the Service, actions that may affect, or are likely to undeveloped portion of Long Beach to ensure that any action they fund, adversely affect, listed species or critical Drive; and from the southeastern tip of authorize, or carry out is not likely to habitat. Big Pine Key to Avenue A. jeopardize the continued existence of This unit is not currently occupied When we issue a biological opinion any endangered species or threatened but is essential to the conservation of concluding that a project is likely to species or result in the destruction or the species because it serves to protect jeopardize the continued existence of a adverse modification of designated habitat needed to recover the species, listed species and/or destroy or reestablish wild populations within the critical habitat of such species. In adversely modify critical habitat, we historical range of the species, and addition, section 7(a)(4) of the Act provide reasonable and prudent maintain populations throughout the requires Federal agencies to confer with alternatives to the project, if any are historic distribution of the species in the the Service on any agency action which identifiable, that would avoid the Florida Keys, and it provides area for is likely to jeopardize the continued likelihood of jeopardy and/or recovery in the case of stochastic events existence of any species proposed to be destruction or adverse modification of that otherwise hold the potential to listed under the Act or result in the critical habitat. We define ‘‘reasonable eliminate the species from the one or destruction or adverse modification of and prudent alternatives’’ (at 50 CFR more locations where it is presently proposed critical habitat. 402.02) as alternative actions identified Decisions by the United States Court found. during consultation that: of Appeals for the Fifth and Ninth (1) Can be implemented in a manner Unit 8: Big Munson Island, Monroe Circuits have invalidated our regulatory consistent with the intended purpose of County definition of ‘‘destruction or adverse the action, Unit 8 consists of 11 ha (27 ac) in modification’’ (50 CFR 402.02) (see (2) Can be implemented consistent Monroe County. This unit is comprised Gifford Pinchot Task Force v. U.S. Fish with the scope of the Federal agency’s entirely of lands in private ownership, and Wildlife Service, 378 F. 3d 1059 legal authority and jurisdiction, owned by the Boy Scouts of America. (9th Cir. 2004) and Sierra Club v. U.S. (3) Are economically and This unit is occupied and contains the Fish and Wildlife Service et al., 245 F.3d technologically feasible, and features essential to the conservation of 434, 442 (5th Cir. 2001)), and we do not (4) Would, in the Director’s opinion, the species. It includes all the PCEs of rely on this regulatory definition when avoid the likelihood of jeopardizing the coastal berm, rockland hammock, and analyzing whether an action is likely to continued existence of the listed species buttonwood forest habitat that occur on destroy or adversely modify critical and/or avoid the likelihood of Big Munson Island. This unit contains habitat. Under the provisions of the Act, destroying or adversely modifying all PBFs, including suitable climate, we determine destruction or adverse critical habitat. hydrology, substrate, associated native modification on the basis of whether, Reasonable and prudent alternatives plant species, and disturbance regimes, with implementation of the proposed can vary from slight project required by the species. The PBFs in Federal action, the affected critical modifications to extensive redesign or this unit may require special habitat would continue to serve its relocation of the project. Costs management considerations or intended conservation role for the associated with implementing a protection to address threats of species. reasonable and prudent alternative are development, recreation, small If a Federal action may affect a listed similarly variable. population size, nonnative species, and species or its critical habitat, the Regulations at 50 CFR 402.16 require sea level rise. responsible Federal agency (action Federal agencies to reinitiate agency) must enter into consultation consultation on previously reviewed Unit 9: Boca Grande Key, Monroe with us. Examples of actions that are actions in instances where we have County subject to the section 7 consultation listed a new species or subsequently Unit 9 consists of 25 ha (62 ac) in process are actions on State, tribal, designated critical habitat that may be Monroe County. This unit is comprised local, or private lands that require a affected and the Federal agency has entirely of lands in Federal ownership, Federal permit (such as a permit from retained discretionary involvement or 100 percent of which is located within the U.S. Army Corps of Engineers under control over the action (or the agency’s the Key West National Wildlife Refuge section 404 of the Clean Water Act or a discretionary involvement or control is (NWR). permit from the Service under section authorized by law). Consequently, This unit is occupied and contains 10 of the Act) or that involve some other Federal agencies sometimes may need to features essential to the conservation of Federal action (such as funding from the request reinitiation of consultation with the species. This unit includes all the Federal Highway Administration, us on actions for which formal PCEs of coastal berm, rockland Federal Aviation Administration, or the consultation has been completed, if hammock, and buttonwood forest Federal Emergency Management those actions with discretionary habitat on the island, comprising the Agency). Federal actions not affecting involvement or control may affect entirety of Boca Grande Key. This unit listed species or critical habitat, and subsequently listed species or contains all PBFs, including suitable actions on State, tribal, local, or private designated critical habitat. climate, hydrology, substrate, associated lands that are not federally funded or native plant species, and disturbance authorized, do not require section 7 Application of the ‘‘Adverse regimes, required by the species. The consultation. Modification’’ Standard PBFs in this unit may require special As a result of section 7 consultation, The key factor related to the adverse management considerations or we document compliance with the modification determination is whether,

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with implementation of the proposed (2) A statement of goals and priorities; or any other relevant impacts. In Federal action, the affected critical (3) A detailed description of considering whether to exclude a habitat would continue to serve its management actions to be implemented particular area from the designation, we intended conservation role for the to provide for these ecological needs; identify the benefits of including the species. Activities that may destroy or and area in the designation, identify the adversely modify critical habitat are (4) A monitoring and adaptive benefits of excluding the area from the those that alter the physical or management plan. designation, and evaluate whether the biological features to an extent that Among other things, each INRMP benefits of exclusion outweigh the appreciably reduces the conservation must, to the extent appropriate and benefits of inclusion. If the analysis value of critical habitat for Chromolaena applicable, provide for fish and wildlife indicates that the benefits of exclusion frustrata. As discussed above, the role of management; fish and wildlife habitat outweigh the benefits of inclusion, the critical habitat is to support life-history enhancement or modification; wetland Secretary may exercise his discretion to needs of the species and provide for the protection, enhancement, and exclude the area only if such exclusion conservation of the species. restoration where necessary to support would not result in the extinction of the Section 4(b)(8) of the Act requires us fish and wildlife; and enforcement of species. applicable natural resource laws. to briefly evaluate and describe, in any Economic Impacts proposed or final regulation that The National Defense Authorization designates critical habitat, activities Act for Fiscal Year 2004 (Pub. L. 108– Under section 4(b)(2) of the Act, we involving a Federal action that may 136) amended the Act to limit areas consider the economic impacts of destroy or adversely modify such eligible for designation as critical designating any particular area as habitat, or that may be affected by such habitat. Specifically, section 4(a)(3)(B)(i) critical habitat. In order to consider designation. of the Act (16 U.S.C. 1533(a)(3)(B)(i)) economic impacts, we are preparing an Activities that may affect critical now provides: ‘‘The Secretary shall not economic analysis of the proposed habitat, when carried out, funded, or designate as critical habitat any lands or critical habitat designation and related authorized by a Federal agency, should other geographic areas owned or factors. result in consultation for Chromolaena controlled by the Department of We will announce the availability of frustrata. These activities include, but Defense, or designated for its use, that our draft economic analysis as soon as are not limited to: are subject to an integrated natural it is completed. During the development (1) Actions that would significantly resources management plan prepared of a final designation, we will consider alter the hydrology or substrate, such as under section 101 of the Sikes Act (16 the draft economic analysis, public ditching or filling. Such activities may U.S.C. 670a), if the Secretary determines comments, and other new information include, but are not limited to, road in writing that such plan provides a related to economic impacts, and as a construction or maintenance, and benefit to the species for which critical result areas that were proposed for residential, commercial, or recreational habitat is proposed for designation.’’ critical habitat may be excluded from development. There are no Department of Defense the final critical habitat designation (2) Actions that would significantly lands with a completed INRMP within under section 4(b)(2) of the Act and our alter vegetation structure or the proposed critical habitat designation implementing regulations at 50 CFR composition, such as clearing vegetation for Chromolaena frustrata. 424.19. for construction of residences, facilities, Exclusions National Security Impacts trails, and roads. Under section 4(b)(2) of the Act, we (3) Actions that would introduce Application of Section 4(b)(2) of the Act consider whether there are lands where nonnative species that would Section 4(b)(2) of the Act states that a national security impact might exist. significantly alter vegetation structure or the Secretary must designate and make In preparing this proposal, we have composition. Such activities may revisions to critical habitat on the basis determined that none of the lands include, but are not limited to, of the best available scientific data after within the proposed designation of residential and commercial taking into consideration the economic critical habitat for Chromolaena development, and road construction. impact, national security impact, and frustrata are owned or managed by the Exemptions any other relevant impact of specifying Department of Defense, or designated any particular area as critical habitat. for its use, and, therefore, we anticipate Application of Section 4(a)(3) of the Act The Secretary may exclude an area from no impact on national security. The Sikes Act Improvement Act of critical habitat if he determines that the Consequently, the Secretary does not 1997 (Sikes Act) (16 U.S.C. 670a) benefits of such exclusion outweigh the intend to exercise his discretion to required each military installation that benefits of specifying such area as part exclude any areas from the final includes land and water suitable for the of the critical habitat, unless he designation based on impacts on conservation and management of determines, based on the best scientific national security. natural resources to complete an data available, that the failure to integrated natural resources designate such area as critical habitat Other Relevant Impacts management plan (INRMP) by will result in the extinction of the Under section 4(b)(2) of the Act, we November 17, 2001. An INRMP species. In making that determination, consider any other relevant impacts, in integrates implementation of the the statute on its face, as well as the addition to economic impacts and military mission of the installation with legislative history, are clear that the impacts on national security. We stewardship of the natural resources Secretary has broad discretion regarding consider a number of factors, including found on the base. Each INRMP which factor(s) to use and how much whether the landowners have developed includes: weight to give to any factor. any HCPs or other management plans (1) An assessment of the ecological Under section 4(b)(2) of the Act, we for the area, or whether there are needs on the installation, including the may exclude an area from designated conservation partnerships that would be need to provide for the conservation of critical habitat based on economic encouraged by designation of, or listed species; impacts, impacts on national security, exclusion of lands from, critical habitat.

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In addition, we look at any tribal issues, for improvements in the nation’s business less than $7 million. To and consider the government–to– regulatory system to promote determine whether small entities may government relationship of the United predictability, to reduce uncertainty, be affected, we will consider the types States with tribal entities. We also and to use the best, most innovative, of activities that might trigger regulatory consider any social impacts that might and least burdensome tools for impacts under this designation as well occur because of the designation. achieving regulatory ends. The as types of project modifications that In preparing this proposed rule, we executive order directs agencies to may result. In general, the term have determined that there are currently consider regulatory approaches that ‘‘significant economic impact’’ is meant no HCPs or other management plans reduce burdens and maintain flexibility to apply to a typical small business that affect Chromolaena frustrata or its and freedom of choice for the public firm’s business operations. proposed critical habitat. Furthermore, where these approaches are relevant, Importantly, the incremental impacts we are not aware of any potential social feasible, and consistent with regulatory of a rule must be both significant and impacts that might occur because of the objectives. E.O. 13563 emphasizes substantial to prevent certification of the designation. Accordingly, the Secretary further that regulations must be based rule under the RFA and to require the does not intend to exercise his on the best available science and that preparation of an initial regulatory discretion to exclude any areas from the the rulemaking process must allow for flexibility analysis. If a substantial final designation based on other public participation and an open number of small entities are affected by relevant impacts. exchange of ideas. We have developed the proposed critical habitat designation, but the per-entity economic Peer Review this rule in a manner consistent with these requirements. impact is not significant, the Service In accordance with our joint policy on may certify. Likewise, if the per-entity peer review published in the Federal Regulatory Flexibility Act (5 U.S.C. 601 economic impact is likely to be Register on July 1, 1994 (59 FR 34270), et seq.) significant, but the number of affected we will seek the expert opinions of at Under the Regulatory Flexibility Act entities is not substantial, the Service least three appropriate and independent (RFA; 5 U.S.C. 601 et seq.) as amended may also certify. specialists regarding this proposed rule. by the Small Business Regulatory Under the RFA, as amended, and The purpose of peer review is to ensure Enforcement Fairness Act of 1996 following recent court decisions, that our proposed listing and critical (SBREFA; 5 U.S.C 801 et seq.), Federal agencies are only required to habitat designation are based on whenever an agency is required to evaluate the potential incremental scientifically sound data, assumptions, publish a notice of rulemaking for any impacts of rulemaking on those entities and analyses. We have invited these proposed or final rule, it must prepare directly regulated by the rulemaking peer reviewers to comment during this and make available for public comment itself, and not the potential impacts to public comment period on our specific a regulatory flexibility analysis that indirectly affected entities. The proposed rule. describes the effects of the rule on small regulatory mechanism through which We will consider all comments and entities (small businesses, small critical habitat protections are realized information we receive during this organizations, and small government is section 7 of the Act, which requires comment period on this proposed rule jurisdictions). However, no regulatory Federal agencies, in consultation with during our preparation of a final flexibility analysis is required if the the Service, to ensure that any action determination. Accordingly, the final head of the agency certifies the rule will authorized, funded, or carried by the decision may differ from this proposal. not have a significant economic impact Agency is not likely to adversely modify Public Hearings on a substantial number of small critical habitat. Therefore, only Federal entities. The SBREFA amended the RFA action agencies are directly subject to Section 4(b)(5) of the Act provides for to require Federal agencies to provide a the specific regulatory requirement one or more public hearings on this certification statement of the factual (avoiding destruction and adverse proposal, if requested. Requests must be basis for certifying that the rule will not modification) imposed by critical received within 45 days after the date of have a significant economic impact on habitat designation. Under these publication of this proposed rule in the a substantial number of small entities. circumstances, it is our position that Federal Register. Such requests must be According to the Small Business only Federal action agencies will be sent to the address shown in the FOR Administration, small entities include directly regulated by this designation. FURTHER INFORMATION CONTACT section. small organizations such as Therefore, because Federal agencies are We will schedule public hearings on independent nonprofit organizations; not small entities, the Service certifies this proposal, if any are requested, and small governmental jurisdictions, that the proposed critical habitat rule announce the dates, times, and places of including school boards and city and will not have a significant economic those hearings, as well as how to obtain town governments that serve fewer than impact on a substantial number of small reasonable accommodations, in the 50,000 residents; and small businesses entities. Federal Register and local newspapers (13 CFR 121.201). Small businesses We acknowledge, however, that in at least 15 days before the hearing. include such businesses as some cases, third-party proponents of Required Determinations manufacturing and mining concerns the action subject to permitting or with fewer than 500 employees, funding may participate in a section 7 Regulatory Planning and Review wholesale trade entities with fewer than consultation, and thus may be indirectly (Executive Orders 12866 and 13563) 100 employees, retail and service affected. We believe it is good policy to Executive Order 12866 provides that businesses with less than $5 million in assess these impacts if we have the Office of Information and Regulatory annual sales, general and heavy sufficient data before us to complete the Affairs (OIRA) will review all significant construction businesses with less than necessary analysis, whether or not this rules. The Office of Information and $27.5 million in annual business, analysis is strictly required by the RFA. Regulatory Affairs has determined that special trade contractors doing less than While this regulation would not directly this rule is not significant. $11.5 million in annual business, and regulate these entities, in our draft Executive Order 13563 reaffirms the forestry and logging operations with economic analysis we will conduct a principles of E.O. 12866 while calling fewer than 500 employees and annual brief evaluation of the potential number

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of third parties participating in upon State, local, or tribal governments’’ Therefore, a Small Government Agency consultations on an annual basis in with two exceptions. It excludes ‘‘a Plan is not required. However, we will order to ensure a more complete condition of Federal assistance.’’ It also further evaluate this issue as we examination of the incremental effects excludes ‘‘a duty arising from conduct our economic analysis, and of this proposed rule in the context of participation in a voluntary Federal review and revise this assessment if the RFA. program,’’ unless the regulation ‘‘relates appropriate. In conclusion, we believe that, based to a then–existing Federal program Takings—Executive Order 12630 on our interpretation of directly under which $500,000,000 or more is regulated entities under the RFA and provided annually to State, local, and In accordance with Executive Order relevant case law, this designation of tribal governments under entitlement 12630 (Government Actions and critical habitat would only directly authority,’’ if the provision would Interference with Constitutionally regulate Federal agencies, which are not ‘‘increase the stringency of conditions of Protected Private Property Rights), we by definition small business entities. assistance’’ or ‘‘place caps upon, or have analyzed the potential takings Accordingly, we certify that, if otherwise decrease, the Federal implications of designating critical promulgated, this designation of critical Government’s responsibility to provide habitat for Chromolaena frustrata in a habitat would not have a significant funding,’’ and the State, local, or tribal takings implications assessment. Critical economic impact on a substantial governments ‘‘lack authority’’ to adjust habitat designation does not affect number of small business entities. accordingly. At the time of enactment, landowner actions that do not require Therefore, an initial regulatory these entitlement programs were: Federal funding or permits, nor does it flexibility analysis is not required. Medicaid; Aid to Families with preclude development of habitat However, though not necessarily Dependent Children work programs; conservation programs or issuance of required by the RFA, in our draft Child Nutrition; Food Stamps; Social incidental take permits to permit actions economic analysis for this proposal we Services Block Grants; Vocational that do require Federal funding or will consider and evaluate the potential Rehabilitation State Grants; Foster Care, permits to go forward. The takings effects to third parties that may be Adoption Assistance, and Independent implications assessment concludes that involved with consultations with Living; Family Support Welfare this designation of critical habitat for Federal action agencies related to this Services; and Child Support Chromolaena frustrata would not pose action. Enforcement. ‘‘Federal private sector significant takings implications for mandate’’ includes a regulation that lands within or affected by the Energy Supply, Distribution, or Use— ‘‘would impose an enforceable duty designation. Executive Order 13211 upon the private sector, except (i) a Federalism—Executive Order 13132 Executive Order 13211 (Actions condition of Federal assistance or (ii) a Concerning Regulations That duty arising from participation in a In accordance with Executive Order Significantly Affect Energy Supply, voluntary Federal program.’’ 13132 (Federalism), this proposed rule Distribution, or Use) requires agencies The designation of critical habitat does not have significant Federalism to prepare Statements of Energy Effects does not impose a legally binding duty effects. A federalism impact summary when undertaking certain actions. on non-Federal Government entities or statement is not required. In keeping All proposed units are remote from private parties. Under the Act, the only with Department of the Interior and energy supply, distribution, or use regulatory effect is that Federal agencies Department of Commerce policy, we activities. We do not expect that if made must ensure that their actions do not requested information from, and final, this designation of critical habitat destroy or adversely modify critical coordinated development of, this would significantly affect energy habitat under section 7. While non- proposed critical habitat designation supplies, distribution, or use. Therefore, Federal entities that receive Federal with appropriate State resource agencies this action is not a significant energy funding, assistance, or permits, or that in Florida. If finalized, the designation action, and no Statement of Energy otherwise require approval or of critical habitat in areas occupied by Effects is required. However, we will authorization from a Federal agency for Chromolaena frustrata may impose further evaluate this issue as we an action, may be indirectly impacted nominal additional regulatory conduct our economic analysis, and by the designation of critical habitat, the restrictions to those currently in place review and revise this assessment as legally binding duty to avoid and, therefore, may have little warranted. destruction or adverse modification of incremental impact on State and local critical habitat rests squarely on the governments and their activities. The Unfunded Mandates Reform Act (2 Federal agency. Furthermore, to the designation may have some benefit to U.S.C. 1501 et seq.) extent that non-Federal entities are these governments because the areas In accordance with the Unfunded indirectly impacted because they that contain the physical or biological Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate features essential to the conservation of seq.), we make the following findings: in a voluntary Federal aid program, the the species are more clearly defined, (1) This rule would not produce a Unfunded Mandates Reform Act would and the elements of the features of the Federal mandate. In general, a Federal not apply, nor would critical habitat habitat necessary to the conservation of mandate is a provision in legislation, shift the costs of the large entitlement the species are specifically identified. statute, or regulation that would impose programs listed above onto State This information does not alter where an enforceable duty upon State, local, or governments. and what federally sponsored activities tribal governments, or the private sector, (2) We do not believe that this rule may occur. However, it may assist local and includes both ‘‘Federal would significantly or uniquely affect governments in long–range planning intergovernmental mandates’’ and small governments because the areas (rather than having them wait for case– ‘‘Federal private sector mandates.’’ proposed for critical habitat designation by–case section 7 consultations to These terms are defined in 2 U.S.C. are not owned by one Federal, State, or occur). 658(5)–(7). ‘‘Federal intergovernmental City government. None of these Where State and local governments mandate’’ includes a regulation that government entities fit the definition of require approval or authorization from a ‘‘would impose an enforceable duty ‘‘small governmental jurisdiction.’’ Federal agency for actions that may

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affect critical habitat, consultation It is also our position that, outside the our responsibilities to work directly under section 7(a)(2) would be required. jurisdiction of the U.S. Court of Appeals with tribes in developing programs for While non-Federal entities that receive for the Tenth Circuit, we do not need to healthy ecosystems, to acknowledge that Federal funding, assistance, or permits, prepare environmental analyses tribal lands are not subject to the same or that otherwise require approval or pursuant to NEPA in connection with controls as Federal public lands, to authorization from a Federal agency for designating critical habitat under the remain sensitive to Indian culture, and an action, may be indirectly impacted Act. We published a notice outlining to make information available to tribes. by the designation of critical habitat, the our reasons for this determination in the We determined that there are no tribal legally binding duty to avoid Federal Register on October 25, 1983 lands that are currently occupied by destruction or adverse modification of (48 FR 49244). This position was upheld Chromolaena frustrata that contain the critical habitat rests squarely on the by the U.S. Court of Appeals for the features essential for conservation of the Federal agency. Ninth Circuit (Douglas County v. species, and no tribal lands unoccupied Babbitt, 48 F.3d 1495 (9th Cir. 1995), Civil Justice Reform—Executive Order by C. frustrata that are essential for the cert. denied 516 U.S. 1042 (1996)). 12988 conservation of the species. Therefore, we are not proposing to designate In accordance with Executive Order Clarity of the Rule critical habitat for C. frustrata on tribal 12988 (Civil Justice Reform), the Office We are required by Executive Orders lands. of the Solicitor has determined that the 12866 and 12988 and by the rule does not unduly burden the judicial Presidential Memorandum of June 1, References Cited system and that it meets the 1998, to write all rules in plain requirements of sections 3(a) and 3(b)(2) language. This means that each rule we A complete list of references cited in of the Order. We have proposed publish must: this rulemaking is available on the designating critical habitat in (1) Be logically organized; Internet at http://www.regulations.gov accordance with the provisions of the (2) Use the active voice to address and upon request from the South Act. This proposed rule uses standard readers directly; Florida Ecological Services Office (see property descriptions and identifies the (3) Use clear language rather than FOR FURTHER INFORMATION CONTACT). jargon; elements of physical or biological Authors features essential to the conservation of (4) Be divided into short sections and Chromolaena frustrata within the sentences; and The primary authors of this package designated areas to assist the public in (5) Use lists and tables wherever are the staff members of the South understanding the habitat needs of the possible. Florida Ecological Services Office. species. If you feel that we have not met these requirements, send us comments by one List of Subjects in 50 CFR Part 17 Paperwork Reduction Act of 1995 (44 of the methods listed in the ADDRESSES Endangered and threatened species, U.S.C. 3501 et seq.) section. To better help us revise the Exports, Imports, Reporting and This rule does not contain any new rule, your comments should be as recordkeeping requirements, collections of information that require specific as possible. For example, you Transportation. approval by OMB under the Paperwork should tell us the numbers of the Reduction Act of 1995 (44 U.S.C. 3501 sections or paragraphs that are unclearly Proposed Regulation Promulgation written, which sections or sentences are et seq.). This rule will not impose Accordingly, we propose to amend too long, the sections where you feel recordkeeping or reporting requirements part 17, subchapter B of chapter I, title lists or tables would be useful, etc. on State or local governments, 50 of the Code of Federal Regulations, individuals, businesses, or Government-to-Government as set forth below: organizations. An agency may not Relationship With Tribes conduct or sponsor, and a person is not PART 17—[AMENDED] required to respond to, a collection of In accordance with the President’s information unless it displays a memorandum of April 29, 1994 1. The authority citation for part 17 currently valid OMB control number. (Government-to-Government Relations continues to read as follows: with Native American Tribal National Environmental Policy Act (42 Governments; 59 FR 22951), Executive Authority: 16 U.S.C. 1361–1407; 16 U.S.C. U.S.C. 4321 et seq.) 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Order 13175 (Consultation and 625, 100 Stat. 3500; unless otherwise noted. We have determined that Coordination With Indian Tribal environmental assessments and Governments), and the Department of 2. Amend § 17.12 (h) by adding environmental impact statements, as the Interior’s manual at 512 DM 2, we entries for Chromolaena frustrata, defined under the authority of the readily acknowledge our responsibility Consolea corallicola, and Harrisia National Environmental Policy Act to communicate meaningfully with aboriginum, in alphabetical order under (NEPA; 42 U.S.C. 4321 et seq.), need not recognized Federal Tribes on a FLOWERING PLANTS, to the List of be prepared in connection with listing government-to-government basis. In Endangered and Threatened Plants, to a species as endangered or threatened accordance with Secretarial Order 3206 read as follows: under the Act. We published a notice of June 5, 1997 (American Indian Tribal outlining our reasons for this Rights, Federal-Tribal Trust § 17.12 Endangered and threatened plants. determination in the Federal Register Responsibilities, and the Endangered * * * * * on October 25, 1983 (48 FR 49244). Species Act), we readily acknowledge (h) * * *

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

FLOWERING PLANTS

******* Chromolaena Thoroughwort, Cape U.S.A. (FL) ...... Asteraceae ...... E ...... 17.96(a) NA frustrata. Sable.

******* Consolea corallicola Cape Sable U.S.A. (FL) ...... NA ...... E ...... 17.96(h) NA thoroughwort. Cactus, Florida U.S.A. (FL) ...... Cactaceae ...... E ...... NA NA semaphore.

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

3. Amend § 17.96(a) by adding an (B) Coastal rock barren (Keys cactus understory vegetated by Zamia, entry for ‘‘Chromolaena frustrata (Cape barren, Keys tidal rock barren) habitat Acanthocereus, and Oplismenus. Sable Thoroughwort)’’ in alphabetical contains: (D) Buttonwood forest habitat order under the family Asteraceae, to (1) Open to semi-open canopy and contains: read as follows: understory; (1) Open to semi-open canopy and (2) Limestone rock substrate; and understory; § 17.96 Critical habitat—plants. (3) A plant community of (2) Substrate with calcareous marl (a) Flowering plants. predominately native vegetation and muds, calcareous sands, or limestone * * * * * either no competitive nonnative, rock; and Family Asteraceae: Chromolaena invasive plant species or such species in (3) A plant community of frustrata (Cape Sable thoroughwort) quantities low enough to have minimal predominately native vegetation and (1) Critical habitat units for effect on survival of Chromolaena either no competitive nonnative, Chromolaena frustrata are depicted for frustrata. Coastal rock barren habitat has invasive plant species or such species in Miami-Dade and Monroe Counties, a subcanopy vegetated by Conocarpus, quantities low enough to have minimal Florida, on the maps below. Lycium, Gossypium, Sideroxylon, effect on survival of Chromolaena Pithecellobium, Suriana, Randia, frustrata. Buttonwood forest has a (2) Within these areas, the primary Metopium, Acanthocereus, Maytenus, canopy vegetated by Conocarpus, and constituent elements of the physical or Opuntia, Agave, Bursera, and Eugenia; an understory vegetated by Borrichia, biological features essential to the and an understory vegetated by Lycium, and Limonium. conservation of Chromolaena frustrata Evolvulus, Cienfuegosia, Indigofera, (ii) A disturbance regime, due to the are: Borrichia, Sarcocornia, Batis, effects of strong winds or salt-water (i) Areas of upland habitats consisting Leptochloa, Paspalidium, inundation from storm surge or of coastal berm, coastal rock barren, Monanthochloe, Distichlis, Sporobolus, infrequent tidal inundation, that creates rockland hammocks, and buttonwood and Fimbristylis. canopy disruption in all habitats listed forest. (C) Rockland hammock habitat above in (1). (A) Coastal berm habitat contains: contains: (iii) Habitats that are connected and of (1) Open to semi-open canopy, (1) Canopy gaps and edges with an sufficient area to sustain viable subcanopy, and understory; open to semi-open canopy, subcanopy, populations in all habitats listed above (2) Substrate of coarse, calcareous, and understory; in (1). storm-deposited sediment; and (2) Substrate with a thin layer of (3) Critical habitat does not include (3) A plant community of highly organic soil covering limestone manmade structures (such as buildings, predominately native vegetation and or organic matter that accumulates on aqueducts, runways, roads, and other either no competitive nonnative, top of the underlying limestone; and paved areas) and the land on which they invasive plant species or such species in (3) A plant community of are located exists within the legal quantities low enough to have minimal predominately native vegetation and boundaries on the effective date of this effect on survival of Chromolaena either no competitive nonnative, rule. frustrata. Coastal berm habitat has a invasive plant species or such species in (4) Critical habitat map units. Unit canopy vegetated by Bursera, quantities low enough to have minimal maps were developed using ESRI Coccoloba, Coccothrinax, Guapira, effect on survival of Chromolaena ArcGIS mapping software along with Drypetes, Genipa, and Metopium; a frustrata. Rockland hammock has a various spatial data layers. ArcGIS was subcanopy vegetated by Eugenia, canopy vegetated by Bursera, Lysiloma, also used to calculate. The projection Ximenia, Randia, Pithecellobium, Simarouba, Krugiodendron, Ocotea, used in mapping and calculating Laguncularia, Conocarpus, Avicennia, Piscidia, Swietenia, Sideroxylon, distances and locations within the units Rhizophora, Suriana, Manilkara, Exothea, Ficus, Coccoloba, Metopium, was North American Albers Equal Area Jacquinia, and Sideroxylon; and an Conocarpus, Guapira, and Pisonia; a Conic, NAD 83. The maps in this entry, understory vegetated by Borrichia, subcanopy vegetated by Eugenia, as modified by any accompanying Hymenocallis, Capparis, Lantana, Thrinax, Amyris, Ardisia, Psychotria, regulatory text, establish the boundaries Rivina, Sesuvium, Distichlis, and Chrysophyllum, Sabal, Guaiacum, of the critical habitat designation. The Sporobolus. Ximenia, and Colubrina; and an coordinates or plot points or both on

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which each map is based are available FWS–R4–ES–2012–0076) and at the addresses of which are listed at 50 CFR to the public at the Service’s internet field office responsible for this 2.2. site, (http://www.fws.gov/verobeach/), designation. You may obtain field office (5) Index map follows: the Federal eRulemaking Portal (http:// location information by contacting one www.regulations.gov at Docket No. of the Service regional offices, the

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(6) Unit 1: Everglades National Park, Monroe and Miami-Dade Counties, Florida. Map of Unit 1 follows:

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(7) Unit 2: Key Largo, Monroe County, (i) Index map of Unit 2 follows: Florida. Index

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(ii) Map A of Unit 2 follows:

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(iii) Map B of Unit 2 follows:

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(iv) Map C of Unit 2 follows:

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(v) Map D of Unit 2 follows:

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(vi) Map E of Unit 2 follows:

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(vii) Map F of Unit 2 follows:

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(8) Unit 3: Upper Matecumbe Key, Monroe County, Florida. Map of Unit 3 follows:

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(9) Unit 4: Lignumvitae Key, Monroe County, Florida. Map of Unit 4 follows:

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(10) Unit 5: Lower Matecumbe Key, Monroe County, Florida. Map of Unit 5 follows:

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(11) Unit 6: Long Key, Monroe (i) Index map of Unit 6 follows: County, Florida.

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(ii) Map A of Unit 6 follows:

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(iii) Map B of Unit 6 follows:

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(12) Unit 7: Big Pine Key, Monroe (i) Index map of Unit 7 follows: County, Florida.

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(ii) Map A of Unit 7 follows:

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(iii) Map B of Unit 7 follows:

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(iv) Map C of Unit 7 follows:

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(v) Map D of Unit 7 follows:

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(vi) Map E of Unit 7 follows:

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(13) Unit 8: Big Munson Island, Monroe County, Florida. Map of Unit 8 follows:

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(14) Unit 9: Boca Grande Key, Monroe County, Florida. Map of Unit 9 follows:

* * * * * Dated: September 25, 2012. Rachel Jacobson, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2012–24466 Filed 10–10–12; 8:45 am] BILLING CODE 4310–55–P

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