3316 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

DEPARTMENT OF THE INTERIOR We request that you send comments Secretary may exclude an area from only by the methods described above. critical habitat if she determines that the Fish and Wildlife Service We will post all comments on http:// benefits of such exclusion outweigh the www.regulations.gov. This generally benefits of specifying such area as part 50 CFR Part 17 means that we will post any personal of the critical habitat, unless she information you provide us (see determines, based on the best scientific [Docket No. FWS–R4–ES–2014–0057: Information Requested below for more data available, that the failure to 4500030113] information). designate such area as critical habitat RIN 1018–AZ92 The coordinates, plot points, or both will result in the extinction of the from which the maps are generated are . Endangered and Threatened Wildlife included in the administrative record We have prepared an economic and ; Designation of Critical for this critical habitat designation and analysis of the proposed designations of Habitat for corallicola are available at http://www.fws.gov/ critical habitat. We are preparing an ( Semaphore ) and verobeach/, at http:// analysis of the economic impacts of the Harrisia aboriginum (Aboriginal www.regulations.gov at Docket No. proposed critical habitat designation Prickly-Apple) FWS–R4–ES–2014–0057, and at the and related factors. We hereby South Florida Ecological Services Office announce the availability of the draft AGENCY: Fish and Wildlife Service, (see FOR FURTHER INFORMATION CONTACT). economic analysis and seek additional Interior. Any additional tools or supporting public review and comment. ACTION: Proposed rule. information that we may develop for We will seek peer review. We are this critical habitat designation will also seeking comments from independent SUMMARY: We, the U.S. Fish and be available at the U.S. Fish and specialists to ensure that our critical Wildlife Service, propose to designate Wildlife Service Web site and Field habitat designation proposal is based on critical habitat for Office set out above, and may also be scientifically sound data and analyses. (Florida semaphore cactus) and Harrisia included in the preamble and/or at We have invited these peer reviewers to aboriginum (aboriginal prickly-apple) http://www.regulations.gov. comment on our specific assumptions under the Endangered Species Act (Act). FOR FURTHER INFORMATION CONTACT: and conclusions in this critical habitat In total, approximately 4,411 acres proposal. Because we will consider all (1,785 hectares) for Consolea corallicola Acting Field Supervisor Roxanna Hinzman, U.S. Fish and Wildlife comments and information received in Miami-Dade and Monroe Counties, during the comment period, our final Florida; and 3,444 acres (1,394 hectares) Service, South Florida Ecological Services Office, 1339 20th Street, Vero determinations may differ from this for Harrisia aboriginum in Manatee, proposal. Charlotte, Sarasota, and Lee Counties, Beach, FL 32960; by telephone 772– Florida, fall within the boundaries of 562–3909; or by facsimile 772–562– Information Requested the proposed critical habitat 4288. If you use a telecommunications We intend that any final action designations. We also announce the device for the deaf (TDD), call the resulting from this proposed rule will be availability of a draft economic analysis Federal Information Relay Service based on the best scientific and of the proposed designation for these (FIRS) at 800–877–8339. commercial data available and be as species. SUPPLEMENTARY INFORMATION: accurate and as effective as possible. DATES: We will accept comments Executive Summary Therefore, we request comments or information from other concerned received or postmarked on or before Why we need to publish a rule. Under March 23, 2015. Comments submitted government agencies, the scientific the Endangered Species Act (Act), when community, industry, or any other electronically using the Federal we determine that any species is eRulemaking Portal (see ADDRESSES interested party concerning this threatened or endangered, we must proposed rule. We particularly seek below) must be received by 11:59 p.m. designate critical habitat, to the Eastern Time on the closing date. We comments concerning: maximum extent prudent and (1) The reasons why we should or must receive requests for public determinable. Designations and should not designate habitat as ‘‘critical hearings, in writing, at the address revisions of critical habitat can only be habitat’’ under section 4 of the Act (16 shown in ADDRESSES by March 9, 2015. completed by issuing a rule. We listed U.S.C. 1531 et seq.) including whether ADDRESSES: You may submit comments Consolea corallicola (Florida semaphore there are threats to these species from by one of the following methods: cactus) and Harrisia aboriginum human activity, the degree of which can (1) Electronically: Go to the Federal (aboriginal prickly-apple) as endangered be expected to increase due to the eRulemaking Portal: http:// species under the Act on October 24, designation, and whether that increase www.regulations.gov. In the Keyword 2013 (78 FR 63795). in threat outweighs the benefit of box, enter FWS–R4–ES–2014–0057, What this rule contains. This rule designation such that the designation of which is the docket number for this consists of a proposed rule for critical habitat may not be prudent. rulemaking. Then, in the Search panel designation of critical habitat for two (2) Specific information on: on the left side of the screen, under the endangered species, Consolea (a) The amount and distribution of Document Type heading, click on the corallicola and Harrisia aboriginum. Consolea corallicola and Harrisia Proposed Rules link to locate this The basis for our action. Section aboriginum habitat, document. You may submit a comment 4(b)(2) of the Act states that the (b) What may constitute ‘‘physical or by clicking on ‘‘Comment Now!’’ Secretary shall designate critical habitat biological features essential to the (2) By hard copy: Submit by U.S. mail on the basis of the best available conservation of the species,’’ within the or hand-delivery to: Public Comments scientific data after taking into geographical range currently occupied Processing, Attn: FWS–R4–ES–2014– consideration the economic impact, by the species, 0057; U.S. Fish and Wildlife Service national security impact, and any other (c) What areas, that were occupied at Headquarters, MS: BPHC, 5275 Leesburg relevant impact of specifying any the time of listing (or are currently Pike, Falls Church, VA 22041–3803. particular area as critical habitat. The occupied) and that contain features

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3317

essential to the conservation of the hard copy, we will post your entire berm, and buttonwood forests (Bradley species, should be included in the comment—including your personal and Gann 1999, p. 77; Gann et al. 2002, designation and why, identifying information—on http:// p. 480; Higgins 2007, pers. comm.). (d) Special management www.regulations.gov. You may request Consolea corallicola occurs on sandy considerations or protections that may at the top of your document that we soils and limestone rockland soils with be needed in the critical habitat areas withhold personal information such as little organic matter (Small 1930, pp. we are proposing, including managing your street address, phone number, or 25–26) and seems to prefer areas where for the potential effects of climate email address from public review; canopy cover and sun exposure are change, and however, we cannot guarantee that we moderate (Grahl and Bradley 2005, p. 4). (e) What areas not occupied at the will be able to do so. Detailed descriptions of these habitats time of listing are essential for the Comments and materials we receive, are presented in the proposed listing conservation of the species and why. as well as supporting documentation we rule for Chromolaena frustrata, (3) Land use designations and current used in preparing this proposed rule, Consolea corallicola, and Harrisia or planned activities in the subject areas will be available for public inspection aboriginum (October 11, 2012; 77 FR and their possible impacts on proposed on http://www.regulations.gov, or by 61836), with a revised description of critical habitat. appointment, during normal business buttonwood forests provided in the final (4) Information on the projected and hours, at the U.S. Fish and Wildlife listing rule for these plants (October 24, reasonably likely impacts of climate Service, South Florida Ecological 2013; 78 FR 63796). change on Consolea corallicola and Services Office (see FOR FURTHER Harrisia aboriginum occurs on coastal Harrisia aboriginum and proposed INFORMATION CONTACT). berms, coastal strand, coastal grasslands critical habitat. and maritime hammocks, with a sand (5) Any probable economic, national Previous Federal Actions substrate. It also occurs on shell mounds security, or other relevant impacts of Previous Federal actions for Consolea with a calcareous shell substrate designating any area that may be corallicola and Harrisia aboriginum are (Bradley et al. 2004, pp. 4, 14). Detailed included in the final designation; in outlined in our proposed and final rules descriptions of these habitats are particular, any impacts on small entities to list both species as endangered presented in the proposed listing rule or families, and the benefits of including species published in the Federal for Chromolaena frustrata, Consolea or excluding areas that exhibit these Register on October 11, 2012 (77 FR corallicola, and Harrisia aboriginum impacts. 61836), and October 24, 2013 (78 FR (October 11, 2012; 77 FR 61836). (6) Information on the extent to which 63796), respectively. the description of economic impacts in Distribution and Range the draft economic analysis is a Summary of Biological Status for The current range of Consolea reasonable estimate of the likely Consolea corallicola and Harrisia corallicola includes two naturally economic impacts. aboriginum occurring populations and five (7) The likelihood of adverse social It is our intent to discuss below only reintroduced populations in Miami- reactions to the designation of critical those topics directly relevant to the Dade and Monroe Counties, Florida. habitat, as discussed in the associated designation of critical habitat for These populations account for fewer documents of the draft economic Consolea corallicola and Harrisia than 1,500 plants, and all are located on analysis, and how the consequences of aboriginum in this section of the conservation lands. Wild populations, such reactions, if likely to occur, would proposed rule. For more information on on Key Largo and Big Pine Key in the relate to the conservation and regulatory C. corallicola and H. aboriginum , were lost more than a benefits of the proposed critical habitat , life history, habitat, decade ago by development and designation. population descriptions, and factors collecting by cactus enthusiasts. C. (8) Whether any specific areas we are affecting the species, please refer to the corallicola has subsequently been proposing for critical habitat proposed listing rule published October reintroduced to Key Largo and Big Pine designation should be considered for 11, 2012 (77 FR 61836), in the Federal Key. exclusion under section 4(b)(2) of the Register, and the final listing rule The current range of Harrisia Act, and whether the benefits of published October 24, 2013 (78 FR aboriginum includes 12 populations in potentially excluding any specific area 63796), in the Federal Register. Charlotte, Sarasota, and Lee Counties, outweigh the benefits of including that Consolea corallicola and Harrisia Florida. Plants occur in eight public and area under section 4(b)(2) of the Act. aboriginum (Family: Cactaceae) are large private conservation areas, as well as (9) Whether we could improve or - or shrub-like cacti and are endemic two County parcels not managed for modify our approach to designating to South Florida. C. corallicola occurs in conservation and at least three critical habitat in any way to provide for Miami-Dade and Monroe Counties in unprotected private parcels. In total, the greater public participation and coastal berms, rockland hammocks, and species was represented by an estimated understanding, or to better buttonwood forests on sandy or 300 to 500 individuals in 2007, when accommodate public concerns and limestone rockland soils with little population sizes were last estimated. comments. organic matter. H. aboriginum occurs in Populations formerly known from Terra You may submit your comments and Manatee, Sarasota, Charlotte, and Lee Ceia in Manatee County and Cayo Costa materials concerning this proposed rule Counties on coastal berms, coastal Island in Lee County are extirpated (no by one of the methods listed in strand, coastal grasslands, and maritime longer in existence). A large population ADDRESSES. We request that you send hammocks, with a sand substrate. It also on Longboat Key has been reduced from comments only by the methods occurs on shell mounds with a 226 individuals in 1981 to 5 in 2007 due described in ADDRESSES. calcareous shell substrate. to development. All comments submitted Although Consolea corallicola and electronically via http:// Habitat Harrisia aboriginum populations occur www.regulations.gov will be presented Consolea corallicola occurs in largely within public conservation on the Web site in their entirety as rockland hammocks (Small 1930, pp. lands, threats remain from a wide array submitted. For comments submitted via 25–26; Benson 1982, p. 531), coastal of natural and anthropogenic sources.

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 3318 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

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

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3319

the time of these planning efforts calls (3) Providing educational benefits to historical geographic and ecological for a different outcome. State or county governments or private distributions of a species. entities; and Prudency Determination for Consolea We derive the specific physical or (4) Preventing people from causing corallicola and Harrisia aboriginum biological features essential to Consolea inadvertent harm to the species. corallicola and Harrisia aboriginum Section 4(a)(3) of the Act, as Therefore, we have reevaluated our from studies of the species’ habitat, amended, and implementing regulations prudency determination for both cacti ecology, and life history as described (50 CFR 424.12), require that, to the and have determined that the below. Additional information on these maximum extent prudent and designation of critical habitat will not cacti can be found in the proposed and determinable, the Secretary shall likely increase the degree of threat to designate critical habitat at the time the final listing rules published on October either species and may provide some 11, 2012 (77 FR 61836), and October 24, species is determined to be an measure of benefit. Accordingly, we endangered or threatened species. Our 2013 (78 FR 63796), respectively, in the determine that designation of critical Federal Register. We have determined regulations (50 CFR 424.12(a)(1)) state habitat is prudent for both species. that the designation of critical habitat is that the following physical or biological not prudent when one or both of the Critical Habitat Determinability features are essential to the conservation of Consolea corallicola. following situations exist: Having determined that designation of (1) The species is threatened by taking critical habitat is prudent for both Consolea corallicola or other human activity, and species, under section 4(a)(3) of the Act Space for Individual and Population identification of critical habitat can be we must find whether critical habitat for Growth and for Normal Behavior expected to increase the degree of threat Consolea corallicola and Harrisia to the species, or aboriginum is determinable. Our Plant Community and Competitive (2) Such designation of critical habitat regulations at 50 CFR 424.12(a)(2) state Ability. Consolea corallicola occurs in would not be beneficial to the species. that critical habitat is not determinable communities classified as coastal berm, In the proposed rule to list Consolea when one or both of the following corallicola and Harrisia aboriginum (77 buttonwood forests, and rockland situations exist: hammocks restricted to the Florida FR 61836), we found critical habitat to (i) Information sufficient to perform be not prudent because of the potential Keys. These communities and their required analyses of the impacts of the associated native plant species are for an increase in poaching. Rare cacti designation is lacking; or are valuable to collectors and there described in the Status Assessment for (ii) The biological needs of the species Consolea corallicola in the proposed remains an imminent threat of are not sufficiently well known to collection (poaching) for C. corallicola listing rule published on October 11, permit identification of an area as 2012 (77 FR 61836), and in the final and H. aboriginum. There is evidence critical habitat. that the designation of critical habitat listing rule published on October 24, We reviewed the available 2013 (78 FR 63796), in the Federal could result in an increased threat from information pertaining to the biological taking, specifically collection, for both Register. These habitats and their needs of the species and habitat associated plant communities provide cacti, through publication of maps and characteristics where these species are a narrative description of specific vegetation structure that allows for located. This and other information adequate growing space, sunlight, and a critical habitat units in the rule. represent the best scientific data However, based on public comment in competitive regime that is required for available. Based on our review of this C. corallicola to persist and spread. response to the proposed listing rule, we information, we conclude that critical have determined that information on Therefore, based on the information habitat is determinable for Consolea above, we identify upland habitats locations of extant C. corallicola and H. corallicola and Harrisia aboriginum. aboriginum populations is already consisting of coastal berm, rockland widely available in the public domain Physical or Biological Features hammock, and buttonwood forest to be a physical or biological feature for C. such as scientific journals, online In accordance with sections 3(5)(A)(i) corallicola. databases, and documents the Service and 4(b)(1)(A) of the Act and regulations has previously published in the Federal at 50 CFR 424.12(b), in determining Food, Water, Air, Light, Minerals, or Register. Therefore, we have determined which areas within the geographical Other Nutritional or Physiological that identification and mapping of area occupied by the species at the time Requirements critical habitat is not expected to initiate of listing may be designated as critical any threat of collection or significantly habitat, we consider the physical or Climate (temperature and increase existing collection pressure. biological features that are essential to precipitation). Consolea corallicola In the absence of finding that the the conservation of the species and requires adequate rainfall and does not designation of critical habitat would which may require special management tolerate prolonged freezing increase threats to a species, if there are considerations or protection. These temperatures. The climate of south any benefits to a critical habitat include, but are not limited to: Florida where C. corallicola occurs is designation, then a prudent finding is (1) Space for individual and characterized by distinct wet and dry warranted. Here, the potential benefits population growth and for normal seasons, a monthly mean temperature of designation include: behavior; above 18 °C (64.4 °F) in every month of (1) Triggering consultation under (2) Food, water, air, light, minerals, or the year, and annual rainfall averaging section 7 of the Act in new areas for other nutritional or physiological 75 to 150 cm (30 to 60 inches (in)) actions in which there may be a Federal requirements; (Gabler et al. 1994, p. 211). Freezes can nexus where it would not otherwise (3) Cover or shelter; occur in the winter months, but are very occur because, for example, the area is (4) Sites for breeding, reproduction, or infrequent at this latitude in Florida. or has become unoccupied or the rearing (or development) of offspring; Therefore, based on the information occupancy is in question; and above, we determined this type of (2) Focusing conservation activities (5) Habitats that are protected from climate to be a physical or biological on the most essential features and areas; disturbance or are representative of the feature for C. corallicola.

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 3320 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

Soils. Substrates supporting Consolea that have a vegetation composition and canopies, resulting in areas lacking corallicola include loose sediment structure that allows for adequate enough available sunlight to support C. formed by a mixture of coarse sand, sunlight and space for individual corallicola. However, too frequent or shell fragments, pieces of coralline growth and population expansion to be severe disturbance that transitions the algae, and other coastal debris, exposed a physical or biological feature for C. habitat toward more saline conditions bare limestone rock or with a thin layer corallicola. could result in the decline of the species of leaf litter or highly organic soil Sites for Breeding, Reproduction, or in the area. Therefore, based on the (Bradley and Gann 1999, p. 37; Florida Rearing (or Development) of Offspring information above, we identify habitats Natural Areas Inventory (FNAI) 2010a,b, that have disturbance regimes, and c, p. 1; FNAI 2010d,e, p. 2). These The habitats identified above as including hurricanes, and infrequent substrates provide anchoring spots, physical or biological features also inundation events that maintain habitat nutrients, moisture regime, and suitable provide a plant community with suitability to be physical or biological soil chemistry for C corallicola; and associated plant species that foster a features for C. corallicola. facilitate a community of associated competitive regime suitable to Consolea plant species that create a competitive corallicola and contain adequate open Primary Constituent Elements for regime that allows C. corallicola to space for the recruitment of new plants. Consolea corallicola persist and spread. Therefore, based on Associated plant species in these According to 50 CFR 424.12(b), we are the information above, we identify habitats attract and provide cover for required to identify the physical or substrates derived from calcareous sand generalist pollinators (e.g., bees, biological features essential to the or limestone that provide anchoring and butterflies, and beetles) that pollinate C. conservation of Consolea corallicola in nutritional requirements to be a corallicola. areas occupied at the time of listing, physical or biological feature for C. Habitats Protected From Disturbance or focusing on the features’ primary corallicola. Representative of the Historical, constituent elements. We consider Hydrology. The species requires Geographic, and Ecological primary constituent elements to be coastal berms and buttonwood forests Distributions of the Species those specific elements of the physical that occur at an elevation higher than or biological features that provide for a the daily tidal range, but are subject to Consolea corallicola continues to species’ life-history processes and are occur in habitats that are protected from flooding by seawater during extreme essential to the conservation of the human-generated disturbances and are tides and storm surge (FNAI 2010b, p. species. 2; FNAI 2010c, p. 2). This flooding representative of the species’ historical, Based on our current knowledge of helps to limit the variety of plants that geographical, and ecological the physical or biological features and may grow in these habitats and compete distribution although its range has been habitat characteristics required to reduced. The species is still found in with Consolea corallicola. Rockland sustain the species’ life-history coastal berm, buttonwood forest, and hammocks occur on high ground that processes, we determine that the rockland hammocks. As described does not regularly flood, but this habitat primary constituent elements specific to above, these habitats provide a is often dependent upon a high water Consolea corallicola are: table to keep humidity levels high, and community of associated plant and (i) Areas of upland habitats consisting animal species that are compatible with may be inundated during storm surges of coastal berm, rockland hammocks, C. corallicola, vegetation structure that (FNAI 2010e, p. 2). Therefore, based on and buttonwood forest. the information above, we identify provides adequate sunlight levels and (A) Coastal berm habitat that contains: rockland hammock habitat with open space for plant growth and (1) Open to semi-open canopy, groundwater levels needed to maintain regeneration, and substrates with subcanopy, and understory; and humidity and buttonwood and coastal adequate moisture availability and (2) Substrate of coarse, calcareous, berm habitat inundated by storm surge suitable soil chemistry. Representative and storm-deposited sediment. or tidal events at a frequency and communities are located on Federal, (B) Rockland hammock habitat that duration needed to limit plant species State, local, and private conservation contains: competition while not creating overly lands that implement conservation (1) Canopy gaps and edges with an saline conditions to be a physical or measures benefitting the species. open to semi-open canopy, subcanopy, biological feature for C. corallicola. Therefore, based on the information and understory; and above, we identify habitat of sufficient (2) Substrate with a thin layer of Cover or Shelter size and connectivity that can support highly organic soil covering limestone Consolea corallicola occurs in open species growth, distribution, and or organic matter that accumulates on canopy and semi-open to closed canopy population expansion to be physical or top of the limestone. habitats. The spatial and temporal biological features for C. corallicola. (C) Buttonwood forest habitat that distribution of open canopy areas varies Disturbance Regime. Coastal berm, contains: by habitat type and time since the last buttonwood forest, and rockland (1) Open to semi-open canopy and disturbance, such as a hurricane, caused hammock habitats that could or understory; and canopy openings. In rockland currently support Consolea corallicola (2) Substrate with calcareous marl hammocks, suitable sites will often be depend on natural disturbance regimes muds, calcareous sands, or limestone found near the hammock edge or where from hurricanes or tidal inundation to rock. there are openings in the forest canopy. open the canopy in order to provide (ii) A plant community of More open communities (e.g., coastal light levels sufficient to support the predominately native vegetation with no berm and buttonwood forests) provide species. The historical frequency and invasive, nonnative animal or plant more abundant and temporally magnitude of hurricanes and tidal species or such species in quantities low consistent suitable habitat than inundation has allowed for the enough to have minimal effect on communities capable of establishing a persistence of C. corallicola by survival of Consolea corallicola. dense canopy (e.g., hardwood occasionally creating areas of open (iii) A disturbance regime, due to the hammocks). Therefore, based on the canopy. In the absence of disturbance, effects of strong winds or saltwater information above, we identify habitats some of these habitats may have closed inundation from storm surge or

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3321

infrequent tidal inundation, that creates management actions within each of the for Cactoblastis infestations, and canopy openings in coastal berm, critical habitat areas identified in this hand removal efforts of the moth larvae rockland hammocks, and buttonwood proposed rule. All proposed critical and eggs are conducted at BNP and forest. habitat will need management to Torchwood Hammock Preserve in an (iv) Habitats that are connected and of address the ongoing threats listed above effort to protect C. corallicola. No sufficient size to sustain viable and those presented in the Summary of satisfactory method of large-scale populations in coastal berm, rockland Factors Affecting the Species sections in control for the Cactoblastis moth is hammocks, and buttonwood forest. the proposed listing rule published on known at this time. The U.S. (v) Habitats that provide populations October 11, 2012 (77 FR 61836), and in Department of Agriculture (USDA) of the generalist pollinators that visit the the final listing rule published on Agricultural Research Service’s Center flowers of Consolea corallicola. October 24, 2013 (78 FR 63796). for Medical, Agricultural, and Special Management Considerations or Ongoing Actions To Ameliorate Threats Veterinary Entomology in Tallahassee, Protection for Consolea corallicola Florida, is developing containment The Service, methods to control the spread of the When designating critical habitat, we (NPS), State of Florida, Miami-Dade and Cactoblastis moth (USDA 2006, p. 9). Monroe Counties, and several local assess whether the specific areas within Reintroductions of Consolea governments own and manage the geographic area occupied by the corallicola have been implemented at conservation lands within the range of species at the time of listing contain several locations on State and Federal Consolea corallicola. The Nature features which are essential to the lands in the Florida Keys over the past Conservancy purchased Torchwood conservation of the species and which 15 years. Attempts at reintroduction Hammock Preserve on Little Torch Key may require special management implemented in the 1990s were largely in 1988, to protect what was at the time considerations or protection. unsuccessful due to poor site selection, the only known remaining population of Special management considerations Cactoblastis moth predation, crown rot, or protection are necessary throughout C. corallicola. The comprehensive conservation plan (CCP) for the Lower and burial of small plants by leaf litter. the critical habitat areas proposed here It is too early to judge the results of to avoid further degradation or Florida Keys National Wildlife Refuges (, Key West more recent reintroductions that were destruction of the habitat that provides implemented in 2013 and 2014. those features essential to the species’ National Wildlife Refuge, and Great White Heron National Wildlife Refuge) Reintroduction of C. corallicola serves conservation. The primary threats to the multiple objectives towards the plant’s physical or biological features that and Crocodile Lake National Wildlife Refuge promote the enhancement of conservation, including increasing the Consolea corallicola depends on number of populations to address the include: wildlife populations by maintaining and enhancing a diversity and abundance of threat of few, small populations; (1) Habitat destruction and establishing populations across a wider modification by development and sea habitats for native plants and animals, especially imperiled species that are geographic area to reduce the chance level rise; that all populations will be affected by (2) Competition with nonnative, found only in the Florida Keys. This natural disturbances, such as hurricanes invasive plant and animal species; CCP provides specifically for and storm surge events; and establishing (3) Wildfire; and maintaining and expanding populations (4) Hurricanes and storm surge. of C. corallicola. populations at higher elevation sites Some of these threats can be NPS regulations at 36 CFR 2.1 that will be less vulnerable to storm addressed by special management prohibit visitors from harming or surge events and sea level rise. Assisted considerations or protection while removing plants, listed or otherwise, migration to higher elevations at others (e.g., sea level rise, hurricanes, from (ENP) or existing sites may be needed in the storm surge) are beyond the control of (BNP). Consolea future to conserve populations if the landowners and managers. However, corallicola is listed on the Regulated area supporting the existing population even when landowners or land Plant Index as endangered under shows indications of increased soil managers may not be able to control all chapter 5B–40, Florida Administrative salinity and population decline due to the threats, they may be able to address Code. Florida Statutes 581.185 sections sea level rise. the results of the threats. (3)(a) and (b) prohibit any person from Criteria Used To Identify Critical willfully destroying or harvesting any Habitat for Consolea corallicola Proposed Actions To Ameliorate species listed as endangered or Threats threatened on the Regulated Plant As required by section 4(b)(2) of the The following measures or Index, or growing such a plant on the Act, we use the best scientific data management activities can ameliorate private land of another, or on any public available to designate critical habitat. In threats to Consolea corallicola: land, without first obtaining the written accordance with the Act and our (1) Protecting habitats from permission of the landowner and a implementing regulations at 50 CFR residential, commercial, or recreational permit from the Florida Department of 424.12(b), we review available facility development; Plant Industry. information pertaining to the habitat (2) Avoiding ditching or filling that The Service, NPS, State of Florida, requirements of the species and identify may alter hydrological conditions; Miami-Dade and Monroe Counties, and occupied areas at the time of listing that (3) Nonnative plant and animal several local governments conduct contain the features essential to the species control programs to reduce nonnative species control efforts on conservation of the species. If, after competition, predation, and prevent sites that support, or have suitable identifying currently occupied areas, a habitat degradation; and habitat for C. corallicola. The determination is made that those areas (4) Hardwood reduction to maintain introduced Cactoblastis moth are inadequate to ensure conservation of the open vegetation structure of the () infests C. the species, in accordance with the Act species habitats. corallicola plants and may cause and our implementing regulations at 50 The reduction of these threats will mortality. We consider the moth to be CFR 424.12(e) we then consider whether require the implementation of special a major threat to the species. Monitoring designating additional areas—outside

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 3322 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

those currently occupied—are essential survival and recovery (Aguilar et al. (2) Reports prepared by botanists with for the conservation of the species. 2006, pp. 968–980; Aguilar et al. 2008, the Institute for Regional Conservation We have proposed units throughout pp. 5177–5188; Potts et al. 2010, pp. (IRC), NPS, and Florida Department of the historical range of Consolea 345–352). In general, habitat Environmental Protection (FDEP) (Some corallicola. The species currently fragmentation causes habitat loss, of these were funded by the Service; occupies all of the islands of the Florida habitat degradation, habitat isolation, others were requested or volunteered by Keys where it was recorded historically. changes in species composition, biologists with the NPS or FDEP.); We determined that there is no changes in species interactions, (3) Historical records found in reports unoccupied habitat that is essential for increased edge effects, and reduced and associated voucher specimens the conservation of the species. habitat connectivity (Fahrig 2003, pp. housed at herbaria, all of which are As discussed above we are proposing 487–515; Fischer and Lindenmayer referenced in the above-mentioned to designate critical habitat in areas 2007, pp. 265–280). Habitat fragments reports from the IRC and FNAI; within the geographical area presently are often functionally smaller than they (4) Digitally produced habitat maps occupied by the species, i.e., occupied appear because edge effects (such as provided by Monroe County; and at the time of listing. increased nonnative, invasive species or (5) Aerial images of Miami-Dade and The wild populations of Consolea wind speeds) impact the available Monroe Counties. The presence of corallicola are much reduced (50 habitat within the fragment (Lienert and primary constituent elements was percent) from the species’ historical Fischer 2003, p. 597). determined through the use of GIS distribution, and one of the two In selecting areas to propose for spatial data depicting the current habitat remaining wild populations is small, critical habitat designation, we utilized status. These habitat data for the Florida consisting of only 12 mature plants. The the Shaffer and Stein (2000) Keys were developed by Monroe County habitats required by C. corallicola are methodology for conserving imperiled from 2006 aerial images, and ground severely fragmented by development in species known as the ‘three Rs’: conditions for many areas were checked the Florida Keys. We anticipate that Representation, resiliency, and in 2009. Habitat data for BNP were recovery will require continued redundancy. Representation, or provided by the NPS. The areas that protection of the remaining extant preserving some of everything, means contain the primary constituent populations and habitat, augmenting conserving not just a species but its elements follow predictable landscape existing small populations, and associated plant communities. patterns and have a recognizable establishing populations in additional Resiliency and redundancy ensure there signature in the aerial imagery. areas to more closely approximate its is enough of a species so it can survive We have identified areas to include in historical distribution in order to ensure into the future. Resiliency means this proposed designation by applying there are adequate numbers of plants in ensuring that the habitat is adequate for the following considerations. The stable populations and that these a species and its representative amount and distribution of critical populations occur over a wide components. Redundancy ensures an habitat being proposed for designation geographic area. This will help to adequate number of sites and would allow existing and future ensure that catastrophic events, such as individuals. This methodology has been established populations of Consolea storms, cannot simultaneously affect all widely accepted as a reasonable corallicola to: known populations. conservation strategy (Tear et al. 2005, (1) Maintain their existing Small plant populations with limited, p. 841). distribution; fragmented distributions, such as We have addressed representation (2) Expand their distribution into Consolea corallicola, are vulnerable to through the primary constituent previously occupied areas (needed to relatively minor environmental elements (as discussed above) and by offset habitat loss and fragmentation); disturbances (Frankham 2005, pp. 135– identifying areas of habitat for the (3) Use habitat depending on habitat 136) that could result in the loss of expansion of Consolea corallicola availability (response to changing nature genetic diversity from genetic drift, the populations. There are only of coastal habitat including sea level random loss of genes, and inbreeding approximately 800 to 1,000 known rise) and support genetic diversity; (Ellstrand and Elam 1993, pp. 217–237; individuals and only 6 populations. All (4) Increase the size of each Leimu et al. 2006, pp. 942–952). Plant but 2 populations consist of fewer than population to a level where the threats populations with lowered genetic 100 individuals (low redundancy). All of genetic, demographic, and normal diversity are more prone to local populations occur on small islands environmental uncertainties are extinction (Barrett and Kohn 1991, pp. where the amount of suitable remaining diminished; and 4, 28). Smaller plant populations habitat is limited (low resiliency), and (5) Maintain their ability to withstand generally have lower genetic diversity, much of the remaining habitat may be local or unit-level environmental and lower genetic diversity may in turn lost to sea level rise over the next fluctuations or catastrophes. lead to even smaller populations by century. decreasing the species’ ability to adapt, Areas Occupied at the Time of Listing thereby increasing the probability of Sources of Data To Identify Critical The proposed occupied critical population extinction (Newman and Habitat Boundaries habitat designation for Consolea Pilson 1997, p. 360; Palstra and To determine the location and corallicola focuses on areas occupied at Ruzzante 2008, pp. 3428–3447). Because boundaries of critical habitat, the the time the species was listed within of the dangers associated with small Service used the following sources of the historical range that have retained populations or limited distributions, the information and considerations: the necessary primary constituent recovery of many rare plant species (1) Florida Natural Areas Inventory elements that will allow for the includes the creation of new sites or (FNAI) population records and ArcGIS maintenance and expansion of existing reintroductions to ameliorate these geographic information system software populations. The proposed occupied effects. to spatially depict the location and critical habitat units were delineated Habitat fragmentation can have extent of documented populations of around documented extant populations. negative effects on populations, Consolea corallicola (FNAI 2011a, pp. These units include the mapped extent especially rare plants, and can affect 1–4); of the population that contains one or

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3323

more of the physical or biological exclusion of such developed lands. Any document. We will make the features. We considered the following such lands inadvertently left inside coordinates, plot points, or both on when identifying occupied areas of critical habitat boundaries shown on the which each map is based available to critical habitat: maps of this proposed rule have been the public on http:// (1) The delineation included space to excluded by text in the proposed rule www.regulations.gov at Docket No. allow for the successional nature of the and are not proposed for designation as FWS–R4–ES–2014–0057, on our occupied habitats (i.e., gain and loss of critical habitat. Therefore, if the critical Internet site at http://www.fws.gov/ areas with sufficient light availability habitat is finalized as proposed, a verobeach/, and at the field office due to disturbance of the tree canopy Federal action involving these lands responsible for the designation (see FOR driven by natural events such as would not trigger section 7 consultation FURTHER INFORMATION CONTACT above). inundation and hurricanes), and habitat with respect to critical habitat and the Proposed Critical Habitat Designation transition or loss due to sea level rise. requirement of no adverse modification for Consolea corallicola (2) Some areas will require special unless the specific action would affect management to be able to support a the physical or biological features in the We are proposing four units as critical higher density of the plant within the adjacent critical habitat. habitat for Consolea corallicola. The occupied space. These areas generally Units were proposed for designation critical habitat areas we describe below are habitats where some of the primary based on sufficient elements of physical constitute our current best assessment of constituent elements have been lost or biological features being present to areas that meet the definition of critical through natural or human causes. These support Consolea corallicola life-history habitat for C. corallicola. The four areas areas would help to offset the processes. Some units contained all of we propose as critical habitat are: anticipated loss and degradation of the identified elements of physical or (1) FSC1 Swan Key in Biscayne habitat occurring or expected from the biological features and supported National Park, Miami-Dade County, effects of climate change (such as sea multiple life-history processes. Some Florida; level rise) or due to development. segments contained only some elements (2) FSC2 Key Largo, Monroe County, When determining proposed critical of the physical or biological features Florida; habitat boundaries, we made every necessary to support C. corallicola’s (3) FSC3 Big Pine Key, Monroe effort to avoid including developed particular use of that habitat. County, Florida; and areas such as lands covered by The critical habitat designation is (4) FSC4 Little Torch Key in Monroe buildings, pavement, and other defined by the map or maps, as County, Florida. structures because such lands lack modified by any accompanying Land ownership within the proposed physical or biological features for regulatory text, presented at the end of critical habitat consists of Federal (28 Consolea corallicola. The scale of the this document in the rule portion. We percent), State (58 percent), County (1 maps we prepared under the parameters include more detailed information on percent), and private and other (14 for publication within the Code of the boundaries of the critical habitat percent). Table 1 shows these units by Federal Regulations may not reflect the designation in the preamble of this land ownership, area, and occupancy.

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

Private/ Unit Total Federal State County other Occupied Ac (Ha) Ac (Ha) Ac (Ha) Ac (Ha) Ac (Ha)

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

Total ...... 4,411 (1,785) 1,247 (504) 2,550 (1,032) 38 (16) 576 (233) Percent of Total ...... 100 28 58 1 13 Note: Area sizes may not sum due to rounding.

Two (FSC1 and FSC2) of the four Unit FSC1: Swan Key-Biscayne National This unit was occupied at the time the critical habitat units proposed for Park, Miami-Dade County, Florida species was listed and contains all the Consolea corallicola are also currently physical or biological features, designated under the Act as critical Unit FSC1 consists of approximately including suitable climate, hydrology, habitat for the American crocodile 37 ac (15 ha) in Miami-Dade County. substrate, associated native plant (Crocodylus acutus), and two (FSC2 and This unit is composed entirely of lands species, and disturbance regimes, FSC3) are designated as critical habitat in Federal ownership, 100 percent of essential to the conservation of the units for Chromolaena frustrata (Cape which are located on Swan Key within species and the coastal hardwood Sable thoroughwort). Biscayne National Park. The unit hammock and buttonwood forest includes all upland rockland hammock primary constituent elements. The We present brief descriptions of all habitat on Swan Key, most of which is units, and reasons why they meet the physical or biological features in this located on the eastern side of Swan Key, unit may require special management definition of critical habitat for surrounded by the island’s Consolea corallicola, below. considerations or protection to address fringe. A second, smaller area is located threats of nonnative plant and animal on the island’s elongate western half species and sea level rise. However, in and is also surrounded by . most cases these threats are being

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 3324 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

addressed or coordinated with BNP to the intersection of South Drive and Avenue and Elma Avenues on the east, implement needed actions. BNP Meridian Avenue to Casa Court Drive. Coral and Yacht Club Road, and U.S. 1 conducts nonnative species control on The unit then continues on the west on the north, and Industrial Avenue on Swan Key and monitors Consolea side of U.S. 1 from the point on the the east from the southeastern tip of Big corallicola for population trends and coast directly west of Peace Avenue Pine Key to Avenue A. Cactoblastis moth damage. The NPS is south to Caribbean Avenue. The unit This unit was occupied at the time the currently revising the BNP General also includes a portion of El Radabob species was listed and contains all the Management Plan (Plan), which Key in Largo Sound located directly east physical or biological features, identifies C. corallicola but does not of Avenue A, extending south to a point including suitable climate, hydrology, discuss specific conservation measures. directly east of Mahogany Drive. substrate, associated native plant However, the Plan states that Swan Key This unit was occupied at the time the species, and disturbance regimes, will continue to be a ‘‘sensitive resource species was listed and contains all the essential to the conservation of the area’’ and managed to protect critical physical or biological features, species and the coastal berm, rockland ecosystems, habitats, and natural including suitable climate, hydrology, hammock, and buttonwood forest processes. Access will be tightly substrate, associated native plant primary constituent elements. The controlled and limited to permitted species, and disturbance regimes, physical or biological features in this research activities. In addition, the essential to the conservation of the unit may require special management Service believes assisted migration to species and the rockland hammock and considerations or protection to address the highest elevations on Swan Key on buttonwood forest primary constituent threats of nonnative plant species and BNP may be needed in the future to elements. The physical or biological sea level rise. The CCP for the Lower conserve the population if the area features in this unit may require special Florida Keys NWRs (NKDR, Key West supporting the existing population management considerations or NWR, and Great White Heron NWR) shows indications of increased soil protection to address threats of promotes the enhancement of wildlife salinity and population decline due to nonnative plant species and sea level populations by maintaining and sea level rise. rise. The CCP for Crocodile Lake NWR enhancing a diversity and abundance of promotes the enhancement of wildlife habitats for native plants and animals, Unit FSC2: Key Largo, Monroe County, populations by maintaining and and provides specifically for Florida enhancing a diversity and abundance of maintaining and expanding populations Unit FSC2 consists of approximately habitats for native plants and animals, of candidate plant species including C. 3,434 ac (1,389 ha) in Monroe County. especially imperiled species that are corallicola. The Service conducts This unit is composed of Federal lands found only in the Florida Keys, but does nonnative species control in areas that within Crocodile Lake National Wildlife not identify Consolea corallicola could support C. corallicola. Refuge (NWR) (702 ac (284 ha)); State because it does not presently occur on Unit FSC4: Little Torch Key, Monroe lands within Dagny Johnson Botanical the Refuge. The Management Plan for County, Florida State Park, John Pennekamp Coral Reef Dagny Johnson Key Largo Hammocks State Park, and the Florida Keys Botanical State Park calls for the Unit FSC4 consists of approximately Wildlife and Environmental Area (2,331 protection and restoration of habitats 168 ac (68 ha) in Monroe County. This ac (943 ha)); lands owned by Monroe and to continue conservation efforts unit is composed of State lands (47 ac County (17 ac (7 ha)); and parcels in already under way for C. corallicola. (19 ha)); lands owned by Monroe private or other ownership (384 ac (155 The Service and FDEP conduct County (10 ac (4 ha)); and parcels in ha)). This unit extends from near the nonnative species control on their private and other ownership (111 ac (45 northern tip of Key Largo, along the respective lands on Key Largo. FDEP ha)). This unit extends along State length of Key Largo, beginning at the monitors the reintroduced C. corallicola Highway 4A, from Coral Shores Road, south shore of Ocean Reef Harbor near at Dagny Johnson Key Largo Hammocks south to County Road, resuming at South Marina Drive and the intersection Botanical State Park for population Linda Street and extending south to the of County Road (CR) 905 and Clubhouse trends and Cactoblastis moth damage. In Overseas Highway. South of the Road on the west side of CR 905, and addition, assisted migration of the cacti Overseas Highway, the unit includes between CR 905 and Old State Road to the highest elevations on these lands areas west of Kings Cove Road, and an 905, then extending to the shoreline is needed because the population area comprising the southern tip of south of South Harbor Drive. The unit already shows the effects of increased Little Torch Key that includes portions then continues on both sides of CR 905 soil salinity and is partially inundated of The Nature Conservancy’s (TNC) John through the Crocodile Lake NWR, Dagny by high tides. J. Pescatello Torchwood Hammock Johnson Key Largo Hammock Botanical Preserve. State Park, and John Pennekamp Coral Unit FSC3: Big Pine Key, Monroe This unit was occupied at the time the Reef State Park. The unit then County, Florida species was listed and contains all the terminates near the junction of U.S. 1 Unit FSC3 consists of approximately physical or biological features, and CR 905 and Garden Cove Drive. The 772 ac (313 ha) in Monroe County. This including suitable climate, hydrology, unit resumes on the east side of U.S. 1 unit is composed of Federal land within substrate, associated native plant from South Andros Road to Key Largo the National Key Deer Refuge (NKDR) species, and disturbance regimes, Elementary; then from the intersection (508 ac (205 ha)); State land managed as essential to the conservation of the of Taylor Drive and Pamela Street to part of the NKDR (172 ac (70 ha)); lands species and the coastal hardwood Avenue A; then from Sound Drive to the owned by Monroe County (11 ac (5 ha)); hammock and buttonwood forest intersection of Old Road and Valencia and parcels in private or other primary constituent elements. The Road; then resumes on the east side of ownership (81 ac (33 ha)). This unit physical or biological features in this U.S. 1 from Hibiscus Lane and Ocean extends from near the northern tip of unit may require special management Drive. The unit continues south near the Big Pine Key along the eastern shore to considerations or protection to address Port Largo Airport from Poisonwood the vicinity of Hellenga Drive and threats of nonnative plant species and Road to Bo Peep Boulevard. The unit Watson Road; from Gulf Boulevard sea level rise. TNC’s 1994 Management resumes on the west side of U.S. 1 from south to West Shore Drive; Big Pine Plan calls for monitoring, Cactoblastis

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3325

control, vegetation management, and very infrequent at this latitude in a physical or biological feature for H. basic research on Consolea corallicola Florida. Therefore, based on the aboriginum. and threats to the species. TNC monitors information above, we determined this Sites for Breeding, Reproduction, or C. corallicola at the Torchwood type of climate to be a physical or Rearing (or Development) of Offspring Hammock Preserve and conducts biological feature for H. aboriginum. nonnative plant and animal species Soils. Substrates supporting Harrisia The habitats identified above as control. The Preserve is fenced, and aboriginum include sand and calcareous physical or biological features also potential visitors must request access to shell material (Bradley et al. 2004, pp. provide a plant community with enter the site. Assisted migration to the 4, 14). These substrates provide associated plant species that foster a highest elevations in the Preserve may anchoring spots, nutrients, moisture competitive regime that is suitable for be needed in the future to conserve the regime, and suitable soil chemistry for Harrisia aboriginum and contain population if the area supporting the H. aboriginum, and facilitate a adequate open space for the recruitment existing population shows indications community of associated plant species of new plants. Associated plant species of increased soil salinity and population that create a competitive regime that in these habitats attract and provide decline due to sea level rise. allows H. aboriginum to persist and cover for generalist pollinators (e.g., spread. Therefore, based on the bees, butterflies, and beetles) that Physical or Biological Features for information above, we identify pollinate H. aboriginum. Harrisia aboriginum substrates derived from calcareous sand Habitats Protected From Disturbance or We have determined that the or shell material to be a physical or Representative of the Historical, following physical or biological features biological feature for H. aboriginum. Geographic, and Ecological are essential to the conservation of Hydrology. Harrisia aboriginum Distributions of the Species Harrisia aboriginum. requires upland habitats that occur above the daily tidal range, but are Harrisia aboriginum continues to Space for Individual and Population potentially subject to flooding by occur in habitats that are protected from Growth and for Normal Behavior seawater during extreme tides and storm human-generated disturbances and are Plant Community and Competitive surge. H. aboriginum will not tolerate representative of the species’ historical, Ability. Harrisia aboriginum occurs in hydric or saline soils, and these soil geographical, and ecological communities classified as coastal conditions may also cause these habitats distribution although its range has been strand, coastal grasslands, coastal to transition to a community of species reduced. The species is still found in its berms, maritime hammocks, and shell that will outcompete H. aboriginum for representative plant communities of mounds (Bradley et al. 2004, pp. 4, 14). space. Maritime hammocks occur on coastal strand, coastal grassland, coastal Detailed descriptions of these high ground that does not regularly berm, maritime hammock, and shell communities and their associated native flood, but can be inundated during mound habitat. As described above, plant species are provided in the Status storm surges (FNAI 2010h, p. 3). Some these habitats provide a community of Assessment for Harrisia aboriginum sites that support H. aboriginum show associated plant and animal species that section of the proposed listing rule indications that soil salinization are are compatible with H. aboriginum, published on October 11, 2012 (77 FR driving changes in the plant community vegetation structure that provides 61836), and the final listing rule toward salt-tolerant species, and will adequate sunlight levels and open space published on October 24, 2013 (78 FR eventually lead to conditions unsuitable for plant growth and regeneration, and 63796), in the Federal Register. These for H. aboriginum. Therefore, based on substrates with adequate moisture habitats and their associated plant the information above, we identify availability and suitable soil chemistry. communities provide vegetation upland habitats at elevations not In addition, representative communities structure that provides adequate affected by soil salinization due to sea are located on Federal, State, local, and growing space, sunlight, and a level rise to be physical or biological private conservation lands that competitive regime that is required for features for H. aboriginum. implement conservation measures H. aboriginum to persist and spread. benefitting the species. Therefore, based Cover or Shelter Therefore, based on the information on the information above, we identify above, we identify upland habitats Harrisia aboriginum occurs in open habitat of sufficient size and consisting of coastal strand, coastal canopy and semi-open to closed canopy connectivity that can support species grasslands, coastal berms, maritime habitats. The amount and frequency of growth, distribution, and population hammocks, and shell mounds to be a open canopy areas varies by habitat type expansion to be a physical or biological physical or biological feature for H. and time since the last disturbance, feature for H. aboriginum. aboriginum. such as a hurricane, caused canopy Disturbance Regime. Coastal strand, openings. In maritime hammocks, coastal berm, coastal grassland, Food, Water, Air, Light, Minerals, or suitable areas will often be found near maritime hammock, and shell mound Other Nutritional or Physiological the hammock edge or where there are habitats that support Harrisia Requirements openings in the forest canopy. More aboriginum depend on natural Climate (temperature and open communities (e.g., coastal berm, disturbance regimes from hurricanes or precipitation). Harrisia aboriginum coastal strand, and coastal grasslands) tidal inundation to reduce the canopy in requires adequate rainfall and does not provide more abundant and temporally order to provide light levels sufficient to tolerate freezing temperatures. The consistent suitable habitat than support the species. The historical climate of south Florida where H. communities capable of establishing a frequency and magnitude of hurricanes aboriginum occurs is characterized by dense canopy (e.g., maritime hammocks, and tidal inundation has allowed for the distinct wet and dry seasons, a monthly shell mounds). Therefore, based on the persistence of H. aboriginum by mean temperature above 18 °C (64.4 °F) information above, we identify habitats occasionally creating areas of open in every month of the year, and annual that have a vegetation composition and canopy. In the absence of disturbance, rainfall averaging 75 to 150 cm (30 to 60 structure that allows for adequate some of these habitats may have closed in) (Gabler et al. 1994, p. 211). Freezes sunlight and space for individual canopies, resulting in areas lacking can occur in the winter months, but are growth and population expansion to be enough available sunlight to support H.

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 3326 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

aboriginum. However, too frequent or maritime hammock, and shell mound management actions within each of the severe disturbance that transitions the habitats that are created by the effects of critical habitat areas identified in this habitat toward more saline conditions strong winds or saltwater inundation proposed rule. All proposed critical could result in the decline of the species from storm surge or infrequent tidal habitat requires active management to in the area. In addition, fires are rare to inundation. address the ongoing threats above and nonexistent in coastal strand, coastal (iv) Habitats that are connected and of those presented in the Summary of grassland, coastal berm, maritime sufficient size to sustain viable Factors Affecting the Species sections in hammocks, and shell mound populations in coastal strand, coastal the proposed listing rule published on communities (FNAI 2010a, p. 2; FNAI grassland, coastal berm, maritime October 11, 2012 (77 FR 61836), and in 2010f, p. 2; FNAI 2010g, p. 2; FNAI hammock, and shell mound habitats. the final listing rule published on 2010h, p. 3; FNAI 2010i, p. 2). (v) Habitats that provide populations October 24, 2013 (78 FR 63796). Therefore, based on the information of the generalist pollinators that visit the The Service, State of Florida, and above, we identify habitats that have flowers of Harrisia aboriginum. Manatee, Sarasota, Charlotte, and Lee disturbance regimes, including Counties own and manage conservation Special Management Considerations or hurricanes, and infrequent inundation lands within the historical range of Protection for Harrisia aboriginum events that maintain the habitat Harrisia aboriginum. The CCP for J.N. suitability to be physical or biological Management considerations or ‘Ding’ Darling National Wildlife Refuge features for H. aboriginum. protection are necessary throughout the (JDDNWR) promotes the enhancement critical habitat areas proposed here to of wildlife populations by maintaining Primary Constituent Elements for avoid further degradation or destruction and enhancing a diversity and Harrisia aboriginum of the habitat that provides those abundance of habitats for native plants Based on our current knowledge of features essential to the species’ and animals, especially imperiled the physical or biological features and conservation. The primary threats to the species. This CCP provides specifically habitat characteristics required to physical or biological features that for maintaining populations of H. sustain the species’ life-history Harrisia aboriginum depends on aboriginum. The State Management processes, we determine that the include: Plans for Charlotte Harbor Preserve, primary constituent elements specific to (1) Habitat destruction and Cayo Costa, Stump Pass Beach, Delnor- Harrisia aboriginum are: modification by development and sea Wiggins Pass, and Gasparilla Island (i) Areas of upland habitats consisting level rise; State Parks and Bocilla Preserve of coastal strand, coastal grassland, (2) Competition with nonnative, promote the protection of habitats and coastal berm, maritime hammocks, and invasive plant species; native species. The Service, State of shell mounds. (3) Herbivorous nonnative animal Florida, and Manatee, Sarasota, (A) Coastal strand habitat that species; Charlotte, and Lee Counties conduct contains: (4) Wildfire; and nonnative species control efforts on (1) Open to semi-open canopy and (5) Hurricanes and storm surge. sites that support, or have suitable understory; and Some of these threats can be habitat for, H. aboriginum. The Service (2) Substrate of sand and shell addressed by special management monitors the population of H. fragments of stabilized coastal dunes. considerations or protection while aboriginum at JDDNWR. FDEP monitors (B) Coastal grassland habitat that others (e.g., sea level rise, hurricanes, the H. aboriginum population at contains: storm surge) are beyond the control of Charlotte Harbor Preserve State Park. (1) No canopy and an open landowners and managers. However, Nonnative species control is currently understory; and even when landowners or land lacking at Manasota Beach Park and (2) Substrate of sand and shell managers may not be able to control all Kitchen Key in areas that support H. fragments. the threats, they may be able to address aboriginum. Poaching, vandalism, and (C) Coastal berm habitat that contains: the results of the threats. wildfire have been observed at (1) Open to semi-open canopy, Management activities that could Manasota Beach Park. Most populations subcanopy, and understory; and ameliorate these threats include the are at elevations close to sea level and (2) Substrate of coarse, calcareous, monitoring and minimization of impacts may require assisted migration as sea storm-deposited sediment. from recreational activities, nonnative (D) Maritime hammock habitat that level rise continues to drive the species control, and protection from transition toward salt-tolerant plant contains: development. Precautions are needed to (1) Canopy gaps and edges with an species in these areas. Reintroduction is avoid the inadvertent trampling of open to semi-open canopy, subcanopy, needed to restore the species’ historical Harrisia aboriginum in the course of and understory; and distribution on Cayo Costa and Madira (2) Substrate of calcareous sand and management activities and public use. Bickell Mound State Historical Park. shell fragments. Development of recreational facilities or Augmentation of small populations at (E) Shell mound habitat that contains: programs should avoid impacting these Longboat Key, Terra Ceia, Lemon Bay (1) Open to semi-open canopy and habitats directly or indirectly. Ditching Preserve, Kitchen Key, Gasparilla understory; and should be avoided because it alters the Island, and Cayo Pelau would reduce (2) Substrate of soil derived from hydrology and species composition of the risk of population loss to hurricanes, calcareous shells deposited by Native these habitats. Sites that have shown storm surge, or wildfire. Americans during prehistoric times. increasing encroachment of woody Harrisia aboriginum is listed on the (ii) A plant community of species over time may require efforts to Regulated Plant Index as endangered predominately native vegetation with no maintain the open nature of the habitat, under chapter 5B–40, Florida invasive, nonnative animal or plant which favors these species. Nonnative Administrative Code. Florida Statutes species or such species in quantities low species control programs are needed to 581.185 sections (3)(a) and (b) prohibit enough to have minimal effect on reduce competition, predation, and any person from willfully destroying or survival of Harrisia aboriginum. prevent habitat degradation. The harvesting any species listed as (iii) Canopy openings in coastal reduction of these threats will require endangered or threatened on the strand, coastal grassland, coastal berm, the implementation of special Regulated Plant Index, or growing such

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3327

a plant on the private land of another, islands where the amount of suitable Areas Outside the Geographic Area or on any public land, without first remaining habitat is limited (low Occupied at the Time of Listing obtaining the written permission of the resiliency), and much of the remaining After completing the above analysis, landowner and a permit from the habitat will be lost to sea level rise over we determined that occupied areas were Florida Department of Plant Industry. the next century. We have addressed not sufficient for the conservation of the Criteria Used To Identify Critical representation through our primary species for the following reasons: (1) Habitat for Harrisia aboriginum constituent elements (as discussed Restoring the species to its historical above) and by providing habitat for H. range and reducing its vulnerability to We are proposing to designate critical aboriginum. For adequate redundancy stochastic events such as hurricanes and habitat in areas within the geographical and resiliency, it is essential for the storm surge requires reintroduction to area occupied by Harrisia aboriginum at conservation of H. aboriginum for areas where it occurred in the past but the time of listing in 2013. We also are additional populations to be established has since been extirpated; (2) providing proposing to designate specific areas and existing populations to be increased connectivity for populations outside the geographical area occupied augmented. Therefore, we have and areas for small populations to by the species at the time of listing that proposed two unoccupied areas for expand requires currently unoccupied were historically occupied, but are designation as critical habitat units habitat; and (3) reintroduction or presently unoccupied, because such where H. aboriginum was historically assisted migration to reduce the species areas are essential for the conservation recorded, but has since been extirpated. vulnerability to sea level rise and storm of the species as described for Consolea surge requires higher elevation sites that corallicola above. The current distribution of Harrisia aboriginum is reduced from its are currently unoccupied by Harrisia We have determined that all habitat aboriginum. Therefore, we looked for known to be occupied at the time of historical distribution, with no populations remaining in Manatee unoccupied areas that may be essential listing should be proposed for critical for the conservation of the species. habitat designation. However, realizing County, at the northern extent of the species’ range. We anticipate that The unoccupied areas are essential for that occupied habitat is not adequate for the conservation of the species because the conservation of Harrisia aboriginum, recovery will require continued protection of the remaining extant they: we also used habitat and historical (1) Represent the historical range of occurrence data to identify unoccupied population and habitat, as well as establishing populations in additional Harrisia aboriginum. H. aboriginum has habitat essential for the conservation of been extirpated from two locations the species. To determine the location areas that more closely approximate its historical distribution in order to ensure where it was previously recorded. Of and boundaries of both occupied and those areas found in reports, we are unoccupied critical habitat, the Service there are adequate numbers of plants in stable populations and that these proposing critical habitat only for those used the following sources of data and that are well-documented and essential populations occur over a wide information for H. aboriginum that for the conservation of the species (i.e., geographic area. This will help to include the following: Terra Ceia, Cayo Costa) (Bradley and ensure that catastrophic events, such as (1) FNAI population records and Gann 1999, p. 77; Bradley et al. 2004, storms, cannot simultaneously affect all ArcGIS software to spatially depict the p. 4). These areas also still retain some known populations. location and extent of documented or all of the elements of the physical or populations of Harrisia aboriginum Areas Occupied at the Time of Listing biological features. (FNAI 2011b, pp. 1–28); (2) Provide areas of sufficient size to (2) Reports prepared by botanists with The occupied critical habitat units support ecosystem processes for the IRC and the Service (Some of these were delineated around documented populations of Harrisia aboriginum. were funded by the Service; others were extant populations. These units include These areas are essential for the requested or volunteered by biologists the mapped extent of the population conservation of the species because they with the Service.); that contain one or more of the physical will provide areas for population (3) Historical records found in reports or biological features. We considered expansion and growth. Large contiguous and associated voucher specimens the following when identifying parcels of habitat are more likely to be housed at herbaria, all of which are also occupied areas of critical habitat: resilient to ecological processes of referenced in the above-mentioned (1) The delineation included space to disturbance and succession, and reports from the IRC and FNAI; allow for the successional nature of the support viable populations of H. (4) Digitally produced habitat maps occupied habitats (i.e., gain and loss of aboriginum. The unoccupied areas provided by FNAI; and areas with sufficient light availability selected were at least 30 ac (12 ha) or (5) Aerial images of Manatee, greater in size. Charlotte, Sarasota, and Lee Counties. due to disturbance of the tree canopy driven by natural events such as The amount and distribution of The presence of primary constituent designated critical habitat will allow elements was determined through the inundation and hurricanes), and habitat transition or loss due to sea level rise. Harrisia aboriginum to: interpretation of aerial imagery. The (1) Maintain its existing distribution; areas that contain primary constituent (2) Some areas will require special (2) Expand its distribution into elements follow predictable landscape management to be able to support a historically occupied areas (needed to patterns and have a recognizable higher density of the plant within the offset habitat loss and fragmentation); signature in the aerial imagery. occupied space. These areas generally (3) Use habitat depending on habitat Only approximately 300 to 500 are habitats where some of the primary availability (response to changing nature individuals and 12 populations of constituent elements have been lost of coastal habitat including sea level Harrisia aboriginum are known to exist. through natural or human causes. These rise) and support genetic diversity; All but 2 of these populations consist of areas would help to offset the (4) Increase the size of each fewer than 100 individuals, with 7 anticipated loss and degradation of population to a level where the threats populations having 10 or fewer habitat occurring or expected from the of genetic, demographic, and normal individuals (low redundancy). Most effects of climate change (such as sea environmental uncertainties are populations occur on coastal barrier level rise) or due to development. diminished; and

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 3328 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

(5) Maintain its ability to withstand The critical habitat designation is (1) Unit APA1 Terra Ceia, Manatee local or unit-level environmental defined by the map or maps, as County, Florida; fluctuations or catastrophes. modified by any accompanying (2) Unit APA2 Longboat Key, Sarasota When determining critical habitat regulatory text, presented at the end of County, Florida; boundaries within this final rule, we this document in the rule portion. We (3) Unit APA3 Osprey, Sarasota made every effort to avoid including include more detailed information on County, Florida; developed areas such as lands covered the boundaries of the critical habitat (4) Unit APA4 Manasota Key, Sarasota by buildings, pavement, and other designation in the preamble of this and Charlotte Counties, Florida; structures because such lands lack document. We will make the (5) Unit APA5 Charlotte Harbor, physical or biological features for coordinates, plot points, or both on Charlotte County, Florida; Harrisia aboriginum. The scale of the which each map is based available to (6) Unit APA6 Gasparilla Island maps we prepared under the parameters the public on http:// North, Charlotte and Lee Counties, Florida; for publication within the Code of www.regulations.gov at Docket No. (7) Unit APA7 Gasparilla Island Federal Regulations may not reflect the FWS–R4–ES–2014–0057, on our exclusion of such developed lands. Any South, Lee County, Florida; Internet site, http://www.fws.gov/ (8) Unit APA8 Cayo Pelau, Charlotte such lands inadvertently left inside verobeach/, and at the field office critical habitat boundaries shown on the and Lee Counties, Florida; responsible for the designation (see FOR maps of this proposed rule have been (9) Unit APA9 Cayo Costa, Lee FURTHER INFORMATION CONTACT above). excluded by text in the proposed rule County, Florida; and are not proposed for designation as Proposed Critical Habitat Designation (10) Unit APA10 Bocilla Island, Lee critical habitat. Therefore, if the critical for Harrisia aboriginum County, Florida; and habitat is finalized as proposed, a (11) Unit APA11 Sanibel Island and Federal action involving these lands We are proposing 11 units as critical Buck Key, Lee County, Florida. will not trigger section 7 consultation habitat for Harrisia aboriginum. The Land ownership within the proposed with respect to critical habitat and the critical habitat areas we describe below critical habitat consists of Federal (11 requirement of no adverse modification constitute our current best assessment of percent), State (48 percent), County (15 unless the specific action would affect areas that meet the definition of critical percent), and private and other (26 the physical or biological features in the habitat for Harrisia aboriginum. The 11 percent). Table 2 summarizes these adjacent critical habitat. areas we propose as critical habitat are: units.

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

Total Federal State County Private/other Unit Ac (Ha) Ac (Ha) Ac (Ha) Ac (Ha) Ac (Ha) Occupied

APA1—Terra Ceia ...... 222 (90) 0 66 (27) 70 (28) 87 (35) No. APA2—Longboat Key ...... 54 (22) 0 0 0 54 (22) Yes. APA3—Osprey ...... 116 (47) 0 0 50 (20) 66 (27) Yes. APA4—Manasota Key ...... 415 (168) 0 58 (23) 111 (45) 245 (99) Yes. APA5—Charlotte Harbor ...... 51 (21) 0 51 (21) 0 0 Yes. APA6—Gasparilla North ...... 98 (40) 0 0.06 (0.02) 22 (9) 77 (31) Yes. APA7—Gasparilla South ...... 92 (37) 3 (1) 69 (28) 12 (5) 8 (3) Yes. APA8—Cayo Pelau ...... 25 (10) 0 0 25 (10) 0 Yes. APA9—Cayo Costa ...... 1,702 (689) 0 1,379 (558) 94 (38) 230 (93) No. APA10—Bocilla ...... 33 (13) 0 0 32 (13) 0.7 (0.3) Yes. APA11—Sanibel Island and Buck 635 (257) 373 (151) 47 (19) 90 (36) 126 (51) Yes. Key.

Total ...... 3,444 (1,394) 376 (152) 1,669 (676) 505 (204) 893 (361) Percent of Total ...... 100 11 48 15 26 Note: Area sizes may not sum due to rounding.

We present brief descriptions of all Preserve and parcels owned by the reestablish wild populations within the units, and reasons why they meet the Manatee County Port Authority (70 ac historical range of the species, and definition of critical habitat for Harrisia (28 ha)); and parcels in private or other maintain populations throughout the aboriginum, below. ownership (87 ac (35 ha)). This unit historic distribution of the species in includes lands west of Highway 41 Manatee County, and will provide Unit APA1: Terra Ceia, Manatee extending from just south of South Dock population redundancy in the case of County, Florida Street south to Snead Island. The unit stochastic events that otherwise hold Unit APA1 consists of approximately also includes areas of Harbor Key, the potential to eliminate the species 222 ac (90 ha) in Manatee County, Mariposa Key, Horseshoe Key, Joe from the one or more locations where it Florida. This unit is composed of State Island, Skeet Key, Paradise Island, Ed’s is presently found. lands within Madira Bickel Mound Key, and Rattlesnake Key. The Management Plan for Madira State Historical Park, Terra Ceia This unit was not occupied at the Bickel Mound State Historical Park, Preserve State Park, Cockroach Bay time the species was listed but is Terra Ceia Preserve State Park, State Buffer Preserve, and the Tampa essential for the conservation of the Cockroach Bay State Buffer Preserve, Bay Estuarine System (66 ac (27 ha)); species because it serves to protect and the Tampa Bay Estuarine System Manatee County lands at Emerson Point habitat needed to recover the species, calls for the protection and restoration

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3329

of habitats, but does not identify actions This unit was occupied at the time the Unit APA5: Charlotte Harbor, Charlotte specific to Harrisia aboriginum. The species was listed and contains the County, Florida FDEP conducts nonnative species biological or physical features including Unit APA5 consists of approximately control on their lands within the unit. suitable climate, hydrology, substrate, 51 ac (21 ha) in Charlotte County, Reintroduction of H. aboriginum within associated native plant species, and Florida. This unit is composed entirely Madira Bickel Mound State Historical disturbance regimes essential to the of State lands within the Charlotte Park, Terra Ceia Preserve State Park, and conservation of the species and contains Harbor Preserve State Park. This unit the Tampa Bay Estuarine System is coastal strand, coastal berm, maritime includes the Big Mound, Boggess Ridge, needed to restore the species to its hammock, and shell mound primary and a shell mound located on the east historical distribution in Manatee constituent elements. The physical or side of Charlotte Harbor, south of the County and reduce the risks associated biological features in this unit may City of Charlotte Park. This unit was with hurricanes, storm surge, and sea require special management occupied at the time the species was level rise. considerations or protection to address listed and contains all the physical or Unit APA2: Longboat Key, Sarasota threats of nonnative plant species, and biological features essential to the County, Florida sea level rise. Augmentation of the conservation of the species and contains Harrisia aboriginum population within Unit APA2 consists of approximately coastal berm and shell mound primary the unit is needed to restore the species 54 ac (22 ha) in Sarasota County, constituent elements. to its historical abundance and reduce Florida. This unit is composed entirely The physical or biological features in the risks associated with small of parcels in private or other ownership. this unit may require special This unit includes lands west of Gulf of population size, hurricanes, storm management considerations or Mexico Drive, extending from 0.40 surge, and sea level rise. protection to address threats of nonnative plant species and sea level miles (mi) (0.6 kilometers (km)) south of Unit APA4: Manasota Key, Sarasota and rise. The Management Plan for Charlotte the intersection of Bay Isles Parkway Charlotte Counties, Florida and Gulf of Mexico Drive, to the Harbor Preserve State Park calls for the southern tip of Longboat Key. It also Unit APA4 consists of approximately protection and restoration of habitats, includes lands on the north side of Gulf 415 ac (168 ha) in Sarasota and and identifies actions specific to of Mexico Drive, east of Longboat Club Charlotte Counties, Florida. This unit is Harrisia aboriginum. The FDEP Key Drive, on the northwest tip of composed of State lands within Stump conducts nonnative species control and Longboat Key. Pass Beach State Park (58 ac (23 ha)); monitors the H. aboriginum population This unit was occupied at the time the County lands within Blind Pass Park, in Charlotte Harbor Preserve State Park. species was listed and contains all the Brohard Beach and Paw Park, Manasota Augmentation of the H. aboriginum physical or biological features, Beach Park, Casperson Beach Park, and population within the unit is needed to including suitable climate, hydrology, Service Club Park (111 ac (45 ha)); and restore the species to its historical substrate, associated native plant parcels in private or other ownership abundance and reduce the risks species, and disturbance regimes, (245 ac (99 ha)). This unit extends from associated with small population size, essential to the conservation of the Beach Road in the City of Venice, south hurricanes, storm surge, and sea level species, and the primary constituent along Manasota Key to the barrier rise. elements of coastal strand, coastal berm, islands southern tip, including a portion Unit APA6: Gasparilla North, Charlotte and maritime hammock. The physical or of Peterson Island. and Lee Counties, Florida biological features in this unit may require special management This unit was occupied at the time the Unit APA6 consists of approximately considerations or protection to address species was listed and contains the 98 ac (40 ha) in Charlotte and Lee threats of nonnative plant species and physical or biological features, Counties, Florida. This unit is sea level rise. Augmentation of the including suitable climate, hydrology, composed of State land (0.006 ac (0.02 Harrisia aboriginum population within substrate, associated native plant ha)), county land (22 ac (9 ha)), and the unit is needed to restore the species species, and disturbance regimes parcels in private or other ownership to its historical abundance and reduce essential to the conservation of the (77 ac (31 ha)). This unit includes most the risks associated with small species and contains coastal strand, of Kitchen Key (Live Oak Key) and the population size, hurricanes, storm coastal berm, and maritime hammock area east of Gasparilla Road, from the surge, and sea level rise. primary constituent elements. The intersection of Grouper Hole Road and physical or biological features in this Grouper Hole Court, south to 0.15 mi Unit APA3: Osprey, Sarasota County, unit may require special management (0.24 km) north of Snail Island Court, Florida considerations or protection to address from approximately 0.10 mi (0.21 km) Unit APA3 consists of approximately threats of nonnative plant species and south of 35th Street to 23rd Street, 116 ac (47 ha) in Sarasota County, sea level rise. The Management Plan for including the small island separated Florida. This unit is composed of Stump Pass Beach State Park calls for from Gasparilla Island by a canal; and Sarasota County lands within Palmer the protection and restoration of from 22nd Street to 20th Street. Point County Park (50 ac (20 ha)) and habitats, but does not identify actions This unit was occupied at the time the parcels in private or other ownership specific to Harrisia aboriginum. The species was listed and contains the (66 ac (27 ha)). This unit extends along FDEP conducts nonnative species physical or biological features including the barrier island (Casey Key) from the control on their lands within the unit. suitable climate, hydrology, substrate, south terminus of Blind Pass Road, Augmentation of the H. aboriginum associated native plant species, and south for approximately 1.2 mi (1.9 km) population within the unit is needed to disturbance regimes essential to the along North Casey Key Road. On the restore the species to its historical conservation of the species and contains mainland, the unit includes lands abundance and reduce the risks coastal berm and maritime hammock bordered on the north by Vamo Way, to associated with small population size, primary constituent elements. The the east by Highway 41, and to the south hurricanes, storm surge, and sea level physical or biological features in this by Palmetto Avenue. rise. unit may require special management

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 3330 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

considerations or protection to address associated native plant species, and south and west to the northwest and threats of nonnative plant species and disturbance regimes essential to the southeast corners of Bokeelia Island. sea level rise. Augmentation of the conservation of the species and contains This unit was occupied at the time the Harrisia aboriginum population within coastal berm and shell mound primary species was listed and contains the the unit is needed to restore the species constituent elements. The physical or physical or biological features, to its historical abundance and reduce biological features in this unit may including suitable climate, hydrology, the risks associated with small require special management substrate, associated native plant population size, hurricanes, storm considerations or protection to address species, and disturbance regimes surge, and sea level rise. threats of nonnative plant species and essential to the conservation of the sea level rise. Augmentation of the Unit APA7: Gasparilla South, Lee species and contains the coastal berm Harrisia aboriginum population within County, Florida primary constituent element. The the unit is needed to restore the species physical or biological features in this Unit APA7 consists of approximately to its historical abundance and reduce unit may require special management 92 ac (37 ha) in Lee County, Florida. the risks associated with small considerations or protection to address This unit is composed of Federal land population size, hurricanes, storm threats of nonnative plant species and owned by the Service and Bureau of surge, and sea level rise. sea level rise. The Management Plan for Land Management (BLM) (3 ac (1 ha)), Bocilla Preserve calls for the protection State lands within Gasparilla Island Unit APA9: Cayo Costa, Lee County, Florida and restoration of habitats and identifies State Park (69 ac (28 ha)), Lee County actions specific to Harrisia aboriginum. lands (12 ac (5 ha)), and parcels in Unit APA9 consists of approximately private or other ownership (8 ac (3 ha)). 1,702 ac (689 ha) in Lee County, Florida. Unit APA11: Sanibel Island and Buck This unit includes lands located from This unit is composed of State lands Key, Lee County, Florida south of 1st Street to the southern tip of within (1,379 ac Unit APA11 consists of approximately Gasparilla Island. (558 ha)), lands owned by Lee County 635 ac (257 ha) in Lee County, Florida. This unit was occupied at the time the (94 ac (38 ha)), and parcels in private or This unit is composed of Federal lands species was listed and contains the other ownership (230 ac (93 ha)). This owned by the Bureau of Land physical or biological features, unit includes lands located from the Management, and Service lands within including suitable climate, hydrology, northern tip to the southern tip of Cayo the JDDNWR (373 ac (151 ha)), State substrate, associated native plant Costa. lands (47 ac (13 ha)), lands owned by species, and disturbance regimes This unit was not occupied at the Lee County (90 ac (36 ha)), and parcels essential to the conservation of the time the species was listed but is in private or other ownership (126 ac species and contains coastal strand, essential for the conservation of the (51 ha)). This unit includes lands on coastal berm, and maritime hammock species because it serves to protect Buck Key, Runyan Key, and Sanibel primary constituent elements. The habitat needed to recover the species, Island. On Sanibel Island, the unit physical or biological features in this reestablish wild populations within the includes a portion of Bowman’s Beach, unit may require special management historical range of the species, maintain from just south of Silver Key to the considerations or protection to address populations throughout the historic western terminus of Water’s Edge Lane; threats of nonnative plant species and distribution of the species in Manatee uplands within JDDNWR; and a shell sea level rise. The Management Plan for County, and provide population mound located near the northern Gasparilla Island State Park calls for the redundancy in the case of stochastic terminus of Tarpon Bay Road. protection and restoration of habitats, events that otherwise hold the potential This unit was occupied at the time the but does not identify actions specific to to eliminate the species from the one or species was listed and contains the Harrisia aboriginum. The FDEP more locations where it is presently physical or biological features, conducts nonnative species control on found. The Management Plan for Cayo including suitable climate, hydrology, its lands within the unit. Augmentation Costa State Park calls for the protection substrate, associated native plant of the H. aboriginum population within and restoration of habitats and identifies species, and disturbance regimes the unit is needed to restore the species actions specific to Harrisia aboriginum. essential to the conservation of the to its historical abundance and reduce The FDEP conducts nonnative species species and contains the maritime the risks associated with small control and monitored the population at hammock primary constituent elements. population size, hurricanes, storm Cayo Costa State Park until the last The physical or biological features in surge, and sea level rise. plant died in 2007. Reintroduction of H. this unit may require special aboriginum within Cayo Costa State management considerations or Unit APA8: Cayo Pelau, Charlotte and Park is needed to restore the species to Lee Counties, Florida protection to address threats of its historical distribution and reduce the nonnative plant species and sea level Unit APA8 consists of approximately risks associated with hurricanes, storm rise. The CCP for JDDNWR promotes the 25 ac (10 ha) in Charlotte and Lee surge, and sea level rise. protection and restoration of habitats, Counties, Florida. This unit is and identifies actions specific to composed of Lee County lands within Unit APA10: Bocilla, Lee County, Harrisia aboriginum. The Service Cayo Pelau Preserve, and parcels in Florida conducts nonnative species control and private or other ownership (0.6 ac (0.2 Unit APA10 consists of approximately monitors the population at JDDNWR. ha)). This unit includes lands located 33 ac (13 ha) in Lee County, Florida. from 0.13 mi (0.21 km) south of the This unit is composed of Lee County Effects of Critical Habitat Designation northern tip of Cayo Pelau, extending lands within the Bocilla Preserve (32 ac Section 7 Consultation south to the southeastern tip of Cayo (13 ha)) and parcels in private or other Pelau. ownership (0.7 ac (0.3 ha)). This unit Section 7(a)(2) of the Act requires This unit was occupied at the time the includes lands located on the Federal agencies, including the Service, species was listed and contains the undeveloped portion of Bokeelia Island to ensure that any action they fund, physical or biological features including from 0.02 mi (0.03 km) west of the authorize, or carry out is not likely to suitable climate, hydrology, substrate, terminus of Ebbtide Way, extending jeopardize the continued existence of

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3331

any endangered species or threatened When we issue a biological opinion corallicola and Harrisia aboriginum. As species or result in the destruction or concluding that a project is likely to discussed above, the role of critical adverse modification of designated jeopardize the continued existence of a habitat is to support life-history needs of critical habitat of such species. In listed species and/or destroy or the species and provide for the addition, section 7(a)(4) of the Act adversely modify critical habitat, we conservation of the species. requires Federal agencies to confer with provide reasonable and prudent Section 4(b)(8) of the Act requires us the Service on any agency action that is alternatives to the project, if any are to briefly evaluate and describe, in any likely to jeopardize the continued identifiable, that would avoid the proposed or final regulation that existence of any species proposed to be likelihood of jeopardy and/or designates critical habitat, activities listed under the Act or result in the destruction or adverse modification of involving a Federal action that may destruction or adverse modification of critical habitat. We define ‘‘reasonable destroy or adversely modify such proposed critical habitat. and prudent alternatives’’ (at 50 CFR habitat, or that may be affected by such Decisions by the 5th and 9th Circuit 402.02) as alternative actions identified designation. Courts of Appeals have invalidated our during consultation that: Activities that may affect critical regulatory definition of ‘‘destruction or (1) Can be implemented in a manner habitat, when carried out, funded, or adverse modification’’ (50 CFR 402.02) consistent with the intended purpose of authorized by a Federal agency, should (see Gifford Pinchot Task Force v. U.S. the action, result in consultation for the Consolea Fish and Wildlife Service, 378 F. 3d (2) Can be implemented consistent corallicola and Harrisia aboriginum. 1059 (9th Cir. 2004) and Sierra Club v. with the scope of the Federal agency’s These activities include, but are not U.S. Fish and Wildlife Service, 245 F.3d legal authority and jurisdiction, limited to: 434 (5th Cir. 2001)), and we do not rely (3) Are economically and (1) Actions that would significantly on this regulatory definition when technologically feasible, and alter the hydrology or substrate, such as (4) Would, in the Director’s opinion, analyzing whether an action is likely to ditching or filling. Such activities may avoid the likelihood of jeopardizing the destroy or adversely modify critical include, but are not limited to, road continued existence of the listed species habitat. Under the statutory provisions construction or maintenance, and and/or avoid the likelihood of of the Act, we determine destruction or residential, commercial, or recreational destroying or adversely modifying adverse modification on the basis of development. critical habitat. whether, with implementation of the (2) Actions that would significantly Reasonable and prudent alternatives alter vegetation structure or proposed Federal action, the affected can vary from slight project critical habitat would continue to serve composition, such as clearing vegetation modifications to extensive redesign or for construction of roads, residential its intended conservation role for the relocation of the project. Costs species. and commercial development, and associated with implementing a recreational facilities, and trails. If a Federal action may affect a listed reasonable and prudent alternative are species or its critical habitat, the (3) Actions that would introduce similarly variable. nonnative species that would responsible Federal agency (action Regulations at 50 CFR 402.16 require significantly alter vegetation structure or agency) must enter into consultation Federal agencies to reinitiate composition. Such activities may with us. Examples of actions that are consultation on previously reviewed include, but are not limited to, subject to the section 7 consultation actions in instances where we have residential and commercial process are actions on State, tribal, listed a new species or subsequently development and road construction. local, or private lands that require a designated critical habitat that may be Federal permit (such as a permit from affected and the Federal agency has Exemptions the U.S. Army Corps of Engineers under retained discretionary involvement or Application of Section 4(a)(3) of the Act section 404 of the Clean Water Act (33 control over the action (or the agency’s U.S.C. 1251 et seq.) or a permit from the discretionary involvement or control is Section 4(a)(3)(B)(i) of the Act (16 Service under section 10 of the Act) or authorized by law). Consequently, U.S.C. 1533(a)(3)(B)(i)) provides that: that involve some other Federal action Federal agencies sometimes may need to ‘‘The Secretary shall not designate as (such as funding from the Federal request reinitiation of consultation with critical habitat any lands or other Highway Administration, Federal us on actions for which formal geographic areas owned or controlled by Aviation Administration, or the Federal consultation has been completed, if the Department of Defense, or Emergency Management Agency). those actions with discretionary designated for its use, that are subject to Federal actions not affecting listed involvement or control may affect an integrated natural resources species or critical habitat, and actions subsequently listed species or management plan (INRMP) prepared on State, tribal, local, or private lands designated critical habitat. under section 101 of the Sikes Act (16 that are not federally funded or U.S.C. 670a), if the Secretary determines authorized, do not require section 7 Application of the ‘‘Adverse in writing that such plan provides a consultation. Modification’’ Standard benefit to the species for which critical As a result of section 7 consultation, The key factor related to the adverse habitat is proposed for designation.’’ we document compliance with the modification determination is whether, There are no Department of Defense requirements of section 7(a)(2) through with implementation of the proposed lands with a completed INRMP within our issuance of: Federal action, the affected critical the proposed critical habitat for (1) A concurrence letter for Federal habitat would continue to serve its Consolea corallicola or Harrisia actions that may affect, but are not intended conservation role for the aboriginum. likely to adversely affect, listed species species. Activities that may destroy or or critical habitat; or adversely modify critical habitat are Consideration of Impacts Under Section (2) A biological opinion for Federal those that alter the physical or 4(b)(2) of the Act actions that may affect and are likely to biological features to an extent that Section 4(b)(2) of the Act states that adversely affect, listed species or critical appreciably reduces the conservation the Secretary shall designate and make habitat. value of critical habitat for Consolea revisions to critical habitat on the basis

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 3332 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

of the best available scientific data after restricting or modifying specific land The screening analysis filters out taking into consideration the economic uses or activities for the benefit of the particular areas of critical habitat that impact, national security impact, and species and its habitat within the areas are already subject to such protections any other relevant impact of specifying proposed. We then identify which and are, therefore, unlikely to incur any particular area as critical habitat. conservation efforts may be the result of incremental economic impacts. The Secretary may exclude an area from the species being listed under the Act Ultimately, the screening analysis critical habitat if she determines that the versus those attributed solely to the allows us to focus our analysis on benefits of such exclusion outweigh the designation of critical habitat for this evaluating the specific areas or sectors benefits of specifying such area as part particular species. that may incur probable incremental of the critical habitat, unless she The probable economic impact of a economic impacts as a result of the determines, based on the best scientific proposed critical habitat designation is designation. The screening analysis also data available, that the failure to analyzed by comparing scenarios both assesses whether units are unoccupied designate such area as critical habitat ‘‘with critical habitat’’ and ‘‘without by the species and may require will result in the extinction of the critical habitat.’’ The ‘‘without critical additional management or conservation species. In making that determination, habitat’’ scenario represents the baseline efforts as a result of the critical habitat the statute on its face, as well as the for the analysis, which includes the designation for the species which may legislative history, are clear that the existing regulatory and socio-economic incur incremental economic impacts. Secretary has broad discretion regarding burden imposed on landowners, This screening analysis, combined with which factor(s) to use and how much managers, or other resource users the information contained in our IEM, is weight to give to any factor. potentially affected by the designation what we consider our draft economic When considering the benefits of of critical habitat (e.g., under the analysis (DEA) of the proposed critical exclusion, we consider, among other Federal listing as well as other Federal, habitat designation for Consolea things, whether exclusion of a specific State, and local regulations). The corallicola and Harrisia aboriginum and area is likely to result in conservation; baseline, therefore, represents the costs is summarized in the narrative below. the continuation, strengthening, or of all efforts attributable to the listing of Executive Orders 12866 and 13563 encouragement of partnerships; or the species under the Act (i.e., direct Federal agencies to assess the implementation of a management plan. conservation of the species and its costs and benefits of available regulatory In the case of Consolea corallicola and habitat incurred regardless of whether alternatives in quantitative (to the extent Harrisia aboriginum, the benefits of critical habitat is designated). The ‘‘with feasible) and qualitative terms. designating critical habitat include critical habitat’’ scenario describes the Consistent with the E.O. regulatory public awareness of the presence of incremental impacts associated analysis requirements, our effects Consolea corallicola and Harrisia specifically with the designation of analysis under the Act may take into aboriginum and the importance of critical habitat for the species. The consideration impacts to both directly habitat protection, and, where a Federal incremental conservation efforts and and indirectly impacted entities, where nexus exists, increased habitat associated impacts would not be practicable and reasonable. We assess to protection for Consolea corallicola and expected without the designation of the extent practicable, the probable Harrisia aboriginum due to protection critical habitat for the species. In other impacts, if sufficient data are available, from adverse modification or words, the incremental costs are those to both directly and indirectly impacted destruction of critical habitat. In attributable solely to the designation of entities. As part of our screening practice, situations with a Federal nexus analysis, we considered the types of exist primarily on Federal lands or for critical habitat, above and beyond the baseline costs. These are the costs we economic activities that are likely to projects undertaken by Federal agencies. occur within the areas likely affected by We have not proposed to exclude any use when evaluating the benefits of inclusion and exclusion of particular the critical habitat designation. In our areas from critical habitat. However, the evaluation of the probable incremental final decision on whether to exclude areas from the final designation of critical habitat should we choose to economic impacts that may result from any areas will be based on the best the proposed designation of critical scientific data available at the time of conduct an optional section 4(b)(2) exclusion analysis. habitat for Consolea corallicola and the final designation, including Harrisia aboriginum, first we identified, For this designation, we developed an information obtained during the in the IEM dated July 30, 2014, probable Incremental Effects Memorandum (IEM) comment period and information about incremental economic impacts considering the probable incremental the economic impact of designation. associated with the following categories economic impacts that may result from Accordingly, we have prepared a draft of activities: economic analysis (DEA) concerning the this proposed designation of critical (1) Federal lands management proposed critical habitat designation, habitat. The information contained in (National Park Service, U.S. Fish and which is available for review and our IEM was then used to develop a Wildlife Service, Bureau of Land comment (see ADDRESSES). screening analysis of the probable Management); effects of the designation of critical Exclusions Based on Economic Impacts (2) Roadway and bridge construction; habitat for Consolea corallicola and (3) Dredging; Section 4(b)(2) of the Act and its Harrisia aboriginum (IEc 2014, entire). (4) Commercial or residential implementing regulations require that In particular, the screening analysis development; we consider the economic impact that considers baseline costs (i.e., absent (5) Recreation (including construction may result from a designation of critical critical habitat designation) and of recreation infrasturcture). habitat. To assess the probable includes probable economic impacts We considered each industry or economic impacts of a designation, we where land and water use may be category individually. Additionally, we must first evaluate specific land uses or subject to conservation plans, land considered whether their activities have activities and projects that may occur in management plans, best management any Federal involvement. Critical the area of the critical habitat. We then practices, or regulations that protect the habitat designation will not affect must evaluate the impacts that a specific habitat area as a result of the Federal activities that do not have any Federal critical habitat designation may have on listing status of the species. involvement; designation of critical

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3333

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

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 3334 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

section 7 consultation or associated The DEA also discusses the potential the final designation based on impacts project modifications because no for incremental costs to occur outside of on national security. Federal lands are included in these the section 7 consultation process, Exclusions Based on Other Relevant units. Based on the results from past including costs associated with the Impacts consultation history for these areas and potential triggering of additional communications with potentially requirements or project modifications Under section 4(b)(2) of the Act, we affected entities, we anticipate that an under State laws or regulations, and consider any other relevant impacts, in additional six projects will result in perceptional effects on markets. For addition to economic impacts and section 7 consultation (two formal and both species, it is unlikely that the impacts on national security. We four informal) within the proposed designation of critical habitat will consider a number of factors, including unoccupied units per year, with minor trigger additional State or local whether the landowners have developed conservation efforts that would likely restrictions (IEc 2014, pp. 11–12). Public any HCPs or other management plans result in relatively low probable perception of critical habitat may result for the area, or whether there are economic impacts. Unit costs of such in landowners or buyers believing that conservation partnerships that would be administrative efforts range from the rule will restrict land or water use encouraged by designation of, or approximately $1,200 to $15,000 per activities in some way and, therefore, exclusion from, critical habitat. In consultation (2014 dollars, total cost for valuing the resource less than they addition, we look at any tribal issues, all parties participating in a single would have absent critical habitat. This and consider the government-to- consultation) (IEc 2014, p. 10). Applying is a perceptional, or stigma, effect of government relationship of the United these unit cost estimates to the critical habitat on markets. Costs States with tribal entities. We also unoccupied units, this analysis resulting from public perception of the consider any social impacts that might conservatively estimates that the impact of critical habitat, if they occur, occur because of the designation. administrative cost of considering are more likely to occur on private We have determined that the Monroe adverse modification in section 7 lands. However, based on the DEA, County HCP for Big Pine and No Name consultation will result in incremental ‘‘possible costs resulting from public Keys is the only HCP or other costs of up to $60,000 (2014 dollars) in perception of the effect of critical management plan that will be affected a given year for H. aboriginum (IEc habitat designation, when combined by either proposed designations. The 2014, pp. 10–11). Therefore, the with section 7 costs, are unlikely to Monroe County HCP for Big Pine and estimate of incremental costs for all exceed the threshold for an No Name Keys, which covers a portion units (occupied and unoccupied) is economically significant rulemaking of unit FSC3, does not include Consolea $67,000 (2014 dollars) in a given year under [Executive Order] 12866’’ (IEc corallicola as a ‘Covered Species’ and C. for H. aboriginum (IEc 2014, pp. 10–11). 2014, p. 13). Under Executive Order corallicola is not mentioned specifically The entities most likely to incur 12866, agencies must assess the anywhere in the HCP document. incremental costs are parties to section potential costs and benefits of regulatory Further, the proposed designation does 7 consultations, including Federal actions and quantify those costs and not include any tribal lands or trust benefits if that action may have an effect action agencies and, in some cases, third resources. Therefore, we anticipate no on the economy of $100 million or more parties, most frequently State agencies impact on tribal lands, partnerships, or annually. or municipalities. Activities we expect other HCPs from this proposed critical As we stated earlier, we are soliciting habitat designation. Accordingly, the will be subject to consultations that may data and comments from the public on involve private entities as third parties Secretary does not intend to exercise her the DEA, as well as all aspects of the discretion to exclude any areas from the are residential and commercial proposed rule. We may revise the development that may occur on private final designation based on other proposed rule or supporting documents relevant impacts. lands. However, based on coordination to incorporate or address information efforts with State and local agencies, the we receive during the public comment Peer Review cost to private entities within these period. In particular, we may exclude an In accordance with our joint policy on sectors is expected to be relatively area from critical habitat if we peer review published in the Federal minor (administrative costs of less than determine that the benefits of excluding Register on July 1, 1994 (59 FR 34270), $5,000 (occupied) or $15,000 the area outweigh the benefits of we will seek the expert opinions of at (unoccupied) per consultation effort), including the area, provided the least three appropriate and independent and any costs from required exclusion will not result in the specialists regarding this proposed rule. conservation measures, therefore, would extinction of these species. The purpose of peer review is to ensure not be significant. that our critical habitat designation is The probable incremental economic Exclusions Based on National Security Impacts based on scientifically sound data, and impacts of Harrisia aboriginum critical analyses. We have invited these peer habitat designation are expected to be Under section 4(b)(2) of the Act, we reviewers to comment during this limited to additional administrative consider whether there are lands where public comment period. effort as well as minor costs of a national security impact might exist. We will consider all comments and conservation efforts resulting from a In preparing this proposal, we have information received during the small number of future section 7 determined that the lands within the comment period on this proposed rule consultations. This is due to two factors: proposed designation of critical habitat during our preparation of a final (1) Incremental economic impacts of for Consolea corallicola or Harrisia determination. Accordingly, the final critical habitat designation, other than aboriginum are not owned or managed decision may differ from this proposal. administrative costs, are unlikely; and by the Department of Defense or (2) in proposed areas that are not Department of Homeland Security, and, Public Hearings occupied by H. aboriginum (56 percent), therefore, we anticipate no impact on Section 4(b)(5) of the Act provides for few actions are anticipated that will national security. Consequently, the one or more public hearings on this result in section 7 consultation or Secretary is not intending to exercise proposal, if requested. Requests must be associated project modifications. her discretion to exclude any areas from received within 45 days after the date of

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3335

publication of this proposed rule in the have a significant economic impact on habitat designation will not have a Federal Register. Such requests must be a substantial number of small entities. significant economic impact on a sent to the address shown in ADDRESSES. According to the Small Business substantial number of small entities. We will schedule public hearings on Administration, small entities include In summary, we have considered this proposal, if any are requested, and small organizations such as whether the proposed designation announce the dates, times, and places of independent nonprofit organizations; would result in a significant economic those hearings, as well as how to obtain small governmental jurisdictions, impact on a substantial number of small reasonable accommodations, in the including school boards and city and entities. For the above reasons and Federal Register and local newspapers town governments that serve fewer than based on currently available at least 15 days before the hearing. 50,000 residents; and small businesses information, we certify that, if (13 CFR 121.201). Small businesses promulgated, the proposed critical Required Determinations include such businesses as habitat designation would not have a Regulatory Planning and Review manufacturing and mining concerns significant economic impact on a (Executive Orders 12866 and 13563) with fewer than 500 employees, substantial number of small business wholesale trade entities with fewer than entities. Therefore, an initial regulatory Executive Order 12866 provides that 100 employees, retail and service flexibility analysis is not required. the Office of Information and Regulatory businesses with less than $5 million in Energy Supply, Distribution, or Use— Affairs (OIRA) will review all significant annual sales, general and heavy Executive Order 13211 rules. The Office of Information and construction businesses with less than Regulatory Affairs has determined that $27.5 million in annual business, Executive Order 13211 (Actions this rule is not significant. special trade contractors doing less than Concerning Regulations That Significantly Affect Energy Supply, Executive Order 13563 reaffirms the $11.5 million in annual business, and Distribution, or Use) requires agencies principles of E.O. 12866 while calling agricultural businesses with annual to prepare Statements of Energy Effects for improvements in the nation’s sales less than $750,000. To determine when undertaking certain actions. We regulatory system to promote if potential economic impacts to these do not foresee any energy development predictability, to reduce uncertainty, small entities are significant, we projects that may affect the proposed and to use the best, most innovative, considered the types of activities that critical habitat units for Consolea and least burdensome tools for might trigger regulatory impacts under corallicola or Harrisia aboriginum. achieving regulatory ends. The this designation as well as the types of Therefore, this action is not a significant executive order directs agencies to project modifications that may result. In energy action, and no Statement of consider regulatory approaches that general, the term ‘‘significant economic Energy Effects is required. reduce burdens and maintain flexibility impact’’ is meant to apply to a typical and freedom of choice for the public small business firm’s business Unfunded Mandates Reform Act (2 where these approaches are relevant, operations. U.S.C. 1501 et seq.) The Service’s current understanding feasible, and consistent with regulatory of the requirements under the RFA, as In accordance with the Unfunded objectives. E.O. 13563 emphasizes amended, and following recent court Mandates Reform Act (2 U.S.C. 1501 et further that regulations must be based decisions, is that Federal agencies are seq.), we make the following findings: on the best available science and that required to evaluate the potential (1) This rule will not produce a the rulemaking process must allow for incremental impacts of rulemaking only Federal mandate. In general, a Federal public participation and an open on those entities directly regulated by mandate is a provision in legislation, exchange of ideas. We have developed the rulemaking itself and, therefore, not statute, or regulation that would impose this rule in a manner consistent with required to evaluate the potential an enforceable duty upon State, local, or these requirements. impacts to indirectly regulated entities. tribal governments, or the private sector, Regulatory Flexibility Act (5 U.S.C. 601 The regulatory mechanism through and includes both ‘‘Federal et seq.) which critical habitat protections are intergovernmental mandates’’ and realized is section 7 of the Act, which ‘‘Federal private sector mandates.’’ Under the Regulatory Flexibility Act requires Federal agencies, in These terms are defined in 2 U.S.C. (RFA; 5 U.S.C. 601 et seq.) as amended consultation with the Service, to ensure 658(5)–(7). ‘‘Federal intergovernmental by the Small Business Regulatory that any action authorized, funded, or mandate’’ includes a regulation that Enforcement Fairness Act of 1996 carried by the Agency is not likely to ‘‘would impose an enforceable duty (SBREFA; 5 U.S.C 801 et seq.), adversely modify critical habitat. upon State, local, or tribal governments’’ whenever an agency is required to Therefore, under these circumstances with two exceptions. It excludes ‘‘a publish a notice of rulemaking for any only Federal action agencies are directly condition of Federal assistance.’’ It also proposed or final rule, it must prepare subject to the specific regulatory excludes ‘‘a duty arising from and make available for public comment requirement (avoiding destruction and participation in a voluntary Federal a regulatory flexibility analysis that adverse modification) imposed by program,’’ unless the regulation ‘‘relates describes the effects of the rule on small critical habitat designation. Under these to a then-existing Federal program entities (small businesses, small circumstances, it is our position that under which $500,000,000 or more is organizations, and small government only Federal action agencies will be provided annually to State, local, and jurisdictions). However, no regulatory directly regulated by this designation. tribal governments under entitlement flexibility analysis is required if the Federal agencies are not small entities authority,’’ if the provision would head of the agency certifies the rule will and to this end, there is no requirement ‘‘increase the stringency of conditions of not have a significant economic impact under the RFA to evaluate the potential assistance’’ or ‘‘place caps upon, or on a substantial number of small impacts to entities not directly otherwise decrease, the Federal entities. The SBREFA amended the RFA regulated. Therefore, because no small Government’s responsibility to provide to require Federal agencies to provide a entities are directly regulated by this funding,’’ and the State, local, or tribal certification statement of the factual rulemaking, the Service certifies that, if governments ‘‘lack authority’’ to adjust basis for certifying that the rule will not promulgated, the proposed critical accordingly. At the time of enactment,

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 3336 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

these entitlement programs were: conservation programs or issuance of by the designation of critical habitat, the Medicaid; Aid to Families with incidental take permits to permit actions legally binding duty to avoid Dependent Children work programs; that do require Federal funding or destruction or adverse modification of Child Nutrition; Food Stamps; Social permits to go forward. Due to current critical habitat rests squarely on the Services Block Grants; Vocational public knowledge of the species Federal agency. Rehabilitation State Grants; Foster Care, protections and the prohibition against Civil Justice Reform—Executive Order Adoption Assistance, and Independent take of the species both within and 12988 Living; Family Support Welfare outside of the proposed areas, we do not Services; and Child Support anticipate that property values will be In accordance with Executive Order Enforcement. ‘‘Federal private sector affected by the critical habitat 12988 (Civil Justice Reform), the Office mandate’’ includes a regulation that designation. However, we have not yet of the Solicitor has determined that the ‘‘would impose an enforceable duty finalized the economic analysis for this rule does not unduly burden the judicial upon the private sector, except (i) a proposed rule. Once the economic system and that it meets the condition of Federal assistance or (ii) a analysis is final, we will review and requirements of sections 3(a) and 3(b)(2) duty arising from participation in a revise this preliminary assessment as of the Order. We have proposed voluntary Federal program.’’ warranted, and prepare a Takings designating critical habitat in The designation of critical habitat Implication Assessment. accordance with the provisions of the does not impose a legally binding duty Act. To assist the public in Federalism—Executive Order 13132 on non-Federal Government entities or understanding the habitat needs of the private parties. Under the Act, the only In accordance with Executive Order species, the rule identifies the elements regulatory effect is that Federal agencies 13132 (Federalism), this proposed rule of physical or biological features must ensure that their actions do not does not have significant Federalism essential to the conservation of the destroy or adversely modify critical effects. A Federalism assessment is not species. The designated areas of critical habitat under section 7. While non- required. In keeping with Department of habitat are presented on maps, and the Federal entities that receive Federal the Interior and Department of rule provides several options for the funding, assistance, or permits, or that Commerce policy, we request interested public to obtain more otherwise require approval or information from, and coordinated detailed location information, if desired. authorization from a Federal agency for development of, this proposed critical an action, may be indirectly impacted habitat designation with appropriate Paperwork Reduction Act of 1995 (44 by the designation of critical habitat, the State resource agencies in Florida. From U.S.C. 3501 et seq.) legally binding duty to avoid a Federalism perspective, the This rule does not contain any new destruction or adverse modification of designation of critical habitat directly collections of information that require critical habitat rests squarely on the affects only the responsibilities of approval by OMB under the Paperwork Federal agency. Furthermore, to the Federal agencies. The Act imposes no Reduction Act of 1995 (44 U.S.C. 3501 extent that non-Federal entities are other duties with respect to critical et seq.). This rule will not impose indirectly impacted because they habitat, either for States and local recordkeeping or reporting requirements receive Federal assistance or participate governments, or for anyone else. As a on State or local governments, in a voluntary Federal aid program, the result, the rule does not have substantial individuals, businesses, or Unfunded Mandates Reform Act would direct effects either on the States, or on organizations. An agency may not not apply, nor would critical habitat the relationship between the national conduct or sponsor, and a person is not shift the costs of the large entitlement government and the States, or on the required to respond to, a collection of programs listed above onto State distribution of powers and information unless it displays a governments. responsibilities among the various currently valid OMB control number. (2) We do not believe that this rule levels of government. The designation would significantly or uniquely affect may have some benefit to these National Environmental Policy Act (42 small governments. The government governments because the areas that U.S.C. 4321 et seq.) lands being proposed for critical habitat contain the features essential to the It is our position that, outside the designation are owned by the Town of conservation of the species are more jurisdiction of the U.S. Court of Appeals Longboat Key, the State of Florida, and clearly defined, and the physical or for the Tenth Circuit, we do not need to the BLM, NPS, and the Service. None of biological features of the habitat prepare environmental analyses these government entities fit the necessary to the conservation of the pursuant to the National Environmental definition of ‘‘small governmental species are specifically identified. This Policy Act in connection with jurisdiction.’’ Therefore, a Small information does not alter where and designating critical habitat under the Government Agency Plan is not what federally sponsored activities may Act. We published a notice outlining required. occur. However, it may assist these local our reasons for this determination in the governments in long-range planning Federal Register on October 25, 1983 Takings—Executive Order 12630 (because these local governments no (48 FR 49244). This position was upheld In accordance with Executive Order longer have to wait for case-by-case by the U.S. Court of Appeals for the 12630 (‘‘Government Actions and section 7 consultations to occur). Ninth Circuit (Douglas County v. Interference with Constitutionally Where State and local governments Babbitt, 48 F.3d 1495 (9th Cir. 1995), Protected Private Property Rights’’), this require approval or authorization from a cert. denied 516 U.S. 1042 (1996)). rule is not anticipated to have Federal agency for actions that may significant takings implications. As affect critical habitat, consultation Government-to-Government discussed above, the designation of under section 7(a)(2) would be required. Relationship With Tribes critical habitat affects only Federal While non-Federal entities that receive In accordance with the President’s actions. Critical habitat designation does Federal funding, assistance, or permits, memorandum of April 29, 1994 not affect landowner actions that do not or that otherwise require approval or (Government-to-Government Relations require Federal funding or permits, nor authorization from a Federal agency for with Native American Tribal does it preclude development of habitat an action, may be indirectly impacted Governments; 59 FR 22951), Executive

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3337

Order 13175 (Consultation and Presidential Memorandum of June 1, Authors Coordination with Indian Tribal 1998, to write all rules in plain The primary authors of this package Governments), and the Department of language. This means that each rule we are the staff members of the South the Interior’s manual at 512 DM 2, we publish must: Florida Ecological Services Office. readily acknowledge our responsibility (1) Be logically organized; to communicate meaningfully with List of Subjects in 50 CFR Part 17 (2) Use the active voice to address recognized Federal Tribes on a Endangered and threatened species, readers directly; government-to-government basis. In Exports, Imports, Reporting and accordance with Secretarial Order 3206 (3) Use clear language rather than recordkeeping requirements, of June 5, 1997 (American Indian Tribal jargon; Transportation. Rights, Federal-Tribal Trust (4) Be divided into short sections and Responsibilities, and the Endangered Proposed Regulation Promulgation sentences; and Species Act), we readily acknowledge Accordingly, we propose to amend our responsibilities to work directly (5) Use lists and tables wherever part 17, subchapter B of chapter I, title with tribes in developing programs for possible. 50 of the Code of Federal Regulations, healthy ecosystems, to acknowledge that If you feel that we have not met these as set forth below: tribal lands are not subject to the same requirements, send us comments by one controls as Federal public lands, to of the methods listed in ADDRESSES. To PART 17—ENDANGERED AND remain sensitive to Indian culture, and better help us revise the rule, your THREATENED WILDLIFE AND PLANTS to make information available to tribes. comments should be as specific as As discussed above (see Exclusions ■ 1. The authority citation for part 17 possible. For example, you should tell continues to read as follows: Based on Other Relevant Impacts), we us the numbers of the sections or have determined that there are no tribal paragraphs that are unclearly written, Authority: 16 U.S.C. 1361–1407; 1531– 1544; 4201–4245, unless otherwise noted. lands that were occupied by Consolea which sections or sentences are too corallicola and Harrisia aboriginum at ■ long, the sections where you feel lists or 2. In § 17.12(h), revise the entries for the time of listing that contain the tables would be useful, etc. ‘‘Consolea corallicola Cactus, Florida features essential for conservation of the semaphore’’ and ‘‘Harrisia aboriginum species, and no tribal lands unoccupied References Cited Prickly-apple, aboriginal’’ under by C. corallicola and H. aboriginum that ‘‘Flowering Plants’’ in the List of are essential for the conservation of the A complete list of references cited in Endangered and Threatened Plants to species. this rulemaking is available on the read as follows: Internet at http://www.regulations.gov Clarity of the Rule and upon request from the South § 17.12 Endangered and threatened plants. We are required by Executive Orders Florida Ecological Services Office (see * * * * * 12866 and 12988 and by the FOR FURTHER INFORMATION CONTACT). (h) * * *

Species Historic range Family Status When listed Critical habi- Special Common name Scientific name tat rules

FLOWERING PLANTS

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

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

*******

■ 3. Amend § 17.96(a) by adding entries (2) Within these areas, the primary (2) Substrate with a thin layer of for ‘‘Consolea corallicola (Florida constituent elements of the physical or highly organic soil covering limestone semaphore cactus)’’ and ‘‘Harrisia biological features essential to the or organic matter that accumulates on aboriginum (aboriginal prickly-apple)’’ conservation of Consolea corallicola are: top of the limestone. in alphabetical order under the family (i) Areas of upland habitats consisting (C) Buttonwood forest habitat that Cactaceae, to read as follows: of coastal berm, rockland hammocks, contains: and buttonwood forest. (1) Open to semi-open canopy and § 17.96 Critical habitat—plants. (A) Coastal berm habitat that contains: understory; and (a) Flowering plants. (1) Open to semi-open canopy, (2) Substrate with calcareous marl subcanopy, and understory; and muds, calcareous sands, or limestone * * * * * (2) Substrate of coarse, calcareous, rock. Family Cactaceae: Consolea corallicola and storm-deposited sediment. (ii) A plant community of (Florida semaphore cactus) (B) Rockland hammock habitat that predominately native vegetation with no contains: invasive, nonnative animal or plant (1) Critical habitat units are depicted (1) Canopy gaps and edges with an species or such species in quantities low for Miami-Dade and Monroe Counties, open to semi-open canopy, subcanopy, enough to have minimal effect on Florida, on the maps below. and understory; and survival of Consolea corallicola.

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 3338 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

(iii) A disturbance regime, due to the aqueducts, runways, roads, and other modified by any accompanying effects of strong winds or saltwater paved areas) and the land on which they regulatory text, establish the boundaries inundation from storm surge or are located that exists within the legal of the critical habitat designation. The infrequent tidal inundation, that creates boundaries on the effective date of this coordinates, plot points, or both on canopy openings in coastal berm, rule. which each map is based are available rockland hammocks, and buttonwood (4) Critical habitat map units. Data to the public at the Service’s Internet forest. layers defining map units were site at http://www.fws.gov/verobeach/, (iv) Habitats that are connected and of at http://www.regulations.gov at Docket sufficient size to sustain viable developed using ESRI ArcGIS mapping No. FWS–R4–ES–2014–0057, and at the populations in coastal berm, rockland software along with various spatial data field office responsible for this hammocks, and buttonwood forest. layers. ArcGIS was also used to (v) Habitats that provide populations calculate area. The projection used in designation. You may obtain field office of the generalist pollinators that visit the mapping and calculating distances and location information by contacting one flowers of Consolea corallicola. locations within the units was North of the Service regional offices, the (3) Critical habitat does not include American Albers Equal Area Conic, addresses of which are listed at 50 CFR manmade structures (such as buildings, NAD 83. The maps in this entry, as 2.2.

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3339

Note: Index map of all critical habitat units for Consolea corallicola follows: BILLING CODE 4310–55–P

Index Map All Critical Habitat Units for

Miami-Dadil lvlonroe

Florida Bay

Atlantic Ocean Straits Florida

20 40 Miles

25 50

.' . .

J'. Coastline 6N

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

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.000 3340 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

(ii) Map of Unit FSC1 follows:

Straits of Florida

Coastline

Critical Habitat

(7) Unit FSC2: Key Largo, Monroe Pennekamp Coral Reef State Park, and Ocean Reef Harbor near South Marina County, Florida. the Florida Keys Wildlife and Drive and the intersection of County (i) General Description: Unit FSC2 Environmental Area (2331 ac (943 ha)); Road (CR) 905 and Clubhouse Road on consists of 3,434 ac (1,389 ha) in lands owned by Monroe County (17 ac the west side of CR 905, and between Monroe County. This unit is composed (7 ha)); and parcels in private or other CR 905 and Old State Road 905, then of Federal lands within Crocodile Lake ownership (384 ac (155 ha)). This unit extending to the shoreline south of National Wildlife Refuge (NWR) (702 ac extends from near the northern tip of South Harbor Drive. The unit then (284 ha)); State lands within Dagny Key Largo, along the length of Key continues on both sides of CR 905 Johnson Botanical State Park, John Largo, beginning at the south shore of through the Crocodile Lake NWR, Dagny

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.001 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3341

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

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 3342 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

(ii) Index map of Unit FSC2 follows: BILLING CODE 4310–55–P

Index l'vfap of Unit FSC2 of Critical Habitat

MapA

MapS

MapC

l'vlap D

0 5 10 Miles

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.002 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3343

(iii) Map A of Unit FSC2 follows:

of Unit FSC2 ofCrilkal Habitat

Road

NORTIII\£Y LARGO * Atlantic Ocean

0.75 1.5 Miles

0 0.75 L5 Kil

I . . Coastline L\N

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.003 3344 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

(iv) Map B of Unit FSC2 follows:

Sound

Crocodile Lake NWR

Johnson :::.....:----- Botanical State Park

Atlantic Ocean

LS Miles

' " ' I ' l 6N

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.004 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3345

(v) Map C of Unit FSC2 follows:

Atlantic Ocean

0 0. 75 1.5 Miles

I I 0 0.75 1.5 Kilometers

' ' Road ' ' J' 6N

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.005 3346 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

(vi) Map D of Unit FSC2 follows:

Atlantic Ocean

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.006 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3347

(vii) Map E of Unit FSC2 follows:

Map E ofl)nit f'SC2 of Critical Habitat

Atlantic Ocean

0 0.2 0.4 Miles . .

. i6 N

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.007 3348 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

(viii) Map F of Unit FSC2 follows:

Map F of Unit FSC2 nfCriticalllubitat ft)r

Florida

Atlantic

. ' . .6 N

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

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.008 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3349

(ii) Index map of Unit FSC3 follows:

Index ~bp oflJnit FSC3 of Critical Habitat

Map

MapD

:NiapE

3 Miles

1' i i Road ,/ .../ I Coastline .6'N Critical Habitat

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.009 3350 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

(iii) Map A of Unit FSC3 follows:

A oft'nit FSC3 of Critical Habitat

() 0.5 I Kilometers

'

' I Coastline 6N Critical

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.010 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3351

(iv) Map B of Unit FSC3 follows:

B of Unil fSC3 of Critical Habil;tt .fbr

Florida Bay

t / / I .. / .6N

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.011 3352 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

(v) Map C of Unit FSC3 follows:

Florida Bay

Florida Bay

0.5 Miles

.

'

I' [\ N

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.012 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3353

(vi) Map D of Unit FSC3 follows:

Map D of Unit FSC3 of Critical Habitat fbr

Coupon Bight

Coastline

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.013 3354 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

(vii) Map E of Unit FSC3 follows:

Map E of Unit FSC3 of Critical Habitat

Straits of Florida

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

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.014 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3355

(ii) Index map of Unit FSC4 follows:

MapA

MapB

Coastline

Critical Habitat

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.015 3356 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

(iii) Map A of Unit FSC4 follows:

Com! Slmn:s Rd

.

, . Coastline . l6 Habitat N

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.016 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3357

(iv) Map B of Unit FSC4 follows:

' ' ' Coastline ' '6 Ciitical I labitat N

* * * * * (2) Within these areas, the primary (A) Coastal strand habitat that constituent elements of the physical or contains: Family Cactaceae: Harrisia aboriginum biological features essential to the (Aboriginal Prickly-Apple) (1) Open to semi-open canopy and conservation of Harrisia aboriginum are: understory, and (1) Critical habitat units for Harrisia (i) Areas of upland habitats consisting (2) Substrate of sand and shell aboriginum are depicted for Manatee, of coastal strand, coastal grassland, fragments of stabilized coastal dunes. Charlotte, Sarasota, and Lee Counties, coastal berm, maritime hammocks, and (B) Coastal grassland habitat that Florida, on the maps below. shell mounds. contains:

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.017 3358 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

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

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3359

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

Index ~1ap of All Critical Habitat Units for Harrisia aboriginum

UnitAPA2

0 20 40 Miles

0 20 40 Kilometers

Coastline

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

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.018 3360 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

Key, Joe Island, Skeet Key, Paradise (ii) Index map of Unit APA1 follows: Island, Ed’s Key, and Rattlesnake Key.

(

MapB

0 2 Miles

0 2 4 Kilometers

' ' '

' Coastline ' L\N

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.019 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3361

(iii) Map A of Unit APA1 follows:

Map

Harbor

(

0 0.5 l Miles

0 05 l Kilometers

' ' ' ' Coastline i6 N

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.020 3362 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

(iv) Map B of Unit APA1 follows:

Rattlesnake

Snead Island

0

Coastline

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

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.021 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3363

(ii) Map of Unit APA2 follows:

Critical Habitat

0 0.5 1 Kilometers

. . ' --Road .

' ' Coastline 6N

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

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.022 3364 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

(ii) Map of Unit APA3 follows:

. .' . / Coastline 6 N Critical Habitat

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

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.023 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3365

(ii) Index map of Unit APA4 follows:

Index Map

MapB

Sarasota

!vlap C

0 3 6 Miles

. . ' .

{ Coas!.line 6N Critical Habitat

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.024 3366 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

(iii) Map A of Unit APA4 follows:

Map

2 Miles

Coastline

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.025 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3367

(iv) Map B of Unit APA4 follows:

Map B ofUnit APA4 of Critical

l'vfrmasota Beach Road

/ l ..,/ ,l Coastline .6 N

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.026 3368 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

(v) Map C of Unit APA4 follows:

MapC APA4 of Critical Habitat

North Bca(~h Road

Gulf Of

Coastline

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

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.027 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3369

(ii) Map of Unit APA5 follows:

Map Critical Habitat

' ' . .

J Coastline 6 N

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

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.028 3370 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

(ii) Map of Unit APA6 follows:

Critical Habitat

Sarasota

Lee

0 0.5 I Miles

:· 6N Critical Habitat

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

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.029 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3371

(ii) Map of Unit APA7 follows:

Map

Gasp arm a Island

Barbarossa Street

() OA 0.8 Kilometers

Coastline Critical Habitat

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

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.030 3372 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

(ii) Map of Unit APA8 follows:

Map

Coastline Critical Habitat

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

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.031 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3373

(ii) Map of Unit APA9 follows:

Map of Critical Habitat for

0 LS 3 Miles

0 1.5 3

' ' '

I' Critical Habitat 6N

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

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.032 3374 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

(ii) Map of Unit APA10 follows:

Map of APA I 0 of Critical Habitat for

Bokeelia Island

\ '~'

Coastline

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

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.033 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3375

(ii) Index map of Unit APA11 follows:

Index Map APA 11 of Critical

MapB

0 2 Kilometers

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.034 3376 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

(iii) Map A of Unit APA11 follows:

Runyan Key

} / ...} f l 6N

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.035 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3377

(iv) Map B of Unit APA11 follows:

0 0.5 l Kilometers

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4725 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.036 3378 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules

(v) Map C of Unit APA11 follows:

' ' ' ' '

I 6N

* * * * * Dated: December 18, 2014. Michael Bean, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2015–00344 Filed 1–21–15; 8:45 am] BILLING CODE 4310–55–C

VerDate Sep<11>2014 19:25 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00064 Fmt 4701 Sfmt 9990 E:\FR\FM\22JAP2.SGM 22JAP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 EP22JA15.037