66842 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations
(6) It shall not be possible to disarm the Safety Regulations (Theft Prevention and FOR FURTHER INFORMATION CONTACT: immobilization system by interrupting its Rollaway Prevention—Standard 114)’’ 2011– Roxanna Hinzman, U.S. Fish and normal operating voltage. 03–30 Canada Gazette Part II, Vol 145, No. 7. Wildlife Service, South Florida (7) When the normal starting procedure Ecological Services Field Office, 1339 requires that the disarming device Issued in Washington, DC, on September 8, mechanically latch into a receptacle and the 2016, under authority delegated in 49 CFR 20th Street, Vero Beach, FL 32960; device is physically separate from the part 1.95. telephone 772–562–3909; facsimile ignition switch key, one or more motors used Mark R. Rosekind, 772–562–4288. Persons who use a for the vehicle’s propulsion shall start only Administrator. telecommunications device for the deaf after the device is removed from that [FR Doc. 2016–22061 Filed 9–28–16; 8:45 am] (TDD) may call the Federal Information receptacle. BILLING CODE 4910–59–P Relay Service (FIRS) at 800–877–8339. (8)(i) The immobilization system shall have SUPPLEMENTARY INFORMATION: a minimum capacity of 50,000 code variants, shall not be disarmed by a code that can Executive Summary disarm all other immobilization systems of DEPARTMENT OF THE INTERIOR the same make and model; and Why we need to publish a rule. Under (ii) subject to paragraph (9) of this Fish and Wildlife Service the Endangered Species Act, a species appendix, it shall not have the capacity to may warrant protection through listing process more than 5,000 codes within 24 50 CFR Part 17 if it is endangered or threatened hours. throughout all or a significant portion of (9) If an immobilization system uses rolling [Docket No. FWS–R4–ES–2015–0137; its range. Listing a species as an or encrypted codes, it may conform to the 4500030113] endangered or threatened species can following criteria instead of the criteria set RIN 1018–AZ95 only be completed by issuing a rule. out in paragraph (8)(ii) of this appendix: The basis for our action. Under the (i) The probability of obtaining the correct Endangered and Threatened Wildlife code within 24 hours shall not exceed 4 per Endangered Species Act, we may cent; and and Plants; Endangered Species determine that a species is an (ii) It shall not be possible to disarm the Status for Chamaecrista lineata var. endangered or threatened species based system by re-transmitting in any sequence keyensis (Big Pine Partridge Pea), on any of five factors: (A) The present the previous 5 codes generated by the system. Chamaesyce deltoidea ssp. serpyllum or threatened destruction, modification, (10) The immobilization system shall be (Wedge Spurge), and Linum arenicola or curtailment of its habitat or range; (B) designed so that, when tested as installed in (Sand Flax), and Threatened Species overutilization for commercial, the vehicle neither the replacement of an Status for Argythamnia blodgettii recreational, scientific, or educational original immobilization system component (Blodgett’s Silverbush) purposes; (C) disease or predation; (D) with a manufacturer’s replacement the inadequacy of existing regulatory component nor the addition of a AGENCY: Fish and Wildlife Service, mechanisms; or (E) other natural or manufacturer’s component can be completed Interior. without the use of software; and it is not manmade factors affecting its continued ACTION: possible for the vehicle to move under its Final rule. existence. We have determined that the own power for at least 5 minutes after the SUMMARY: We, the U.S. Fish and threats to Chamaecrista lineata var. beginning of the replacement or addition of keyensis, Chamaesyce deltoidea ssp. a component referred to in this paragraph (1). Wildlife Service (Service), determine endangered species status under the serpyllum, Linum arenicola, and (11) The immobilization system’s Argythamnia blodgettii consist conformity to paragraph (10) of this appendix Endangered Species Act of 1973 (Act), as amended, for Chamaecrista lineata primarily of: shall be demonstrated by testing that is • carried out without damaging the vehicle. var. keyensis (Big Pine partridge pea), Habitat loss and modification (12) Paragraph (10)(i) of this appendix does Chamaesyce deltoidea ssp. serpyllum through urban and agricultural not apply to the addition of a disarming (wedge spurge), and Linum arenicola development, and lack of adequate fire device that requires the use of another management (Factor A); and (sand flax), and threatened species • disarming device that is validated by the status for Argythamnia blodgettii The proliferation of nonnative, immobilization system. invasive plants; stochastic events (13) The immobilization system shall be (Blodgett’s silverbush), all plant species from south Florida. The rule adds these (hurricanes and storm surge); designed so that it can neither be bypassed maintenance practices used on nor rendered ineffective in a manner that species to the Federal List of Endangered and Threatened Plants. roadsides and disturbed sites; and sea would allow a vehicle to move under its own level rise (Factor E). power, or be disarmed, using one or more of DATES: This rule is effective October 31, Existing regulatory mechanisms have the tools and equipment listed in paragraph 2016. (14) of this appendix; not been adequate to reduce or remove ADDRESSES: This final rule is available (i) Within a period of less than 5 minutes, these threats (Factor D). when tested as installed in the vehicle; or on the Internet at http:// Peer review and public comment. We (ii) Within a period of less than 2.5 www.regulations.gov. Comments and sought comments from independent minutes, when bench-tested outside the materials we received, as well as specialists to ensure that our vehicle. supporting documentation we used in determination is based on scientifically (14) During a test referred to in paragraph preparing this rule, are available for sound data, assumptions, and analyses. (13) of this appendix, only the following public inspection at http:// We invited these peer reviewers to tools or equipment may be used: Scissors, www.regulations.gov. Comments, comment on our listing proposal. We wire strippers, wire cutters and electrical materials, and documentation that we also considered all other comments and wires, a hammer, a slide hammer, a chisel, considered in this rulemaking will be a punch, a wrench, a screwdriver, pliers, information we received during the steel rods and spikes, a hacksaw, a battery available by appointment, during comment period. normal business hours at: U.S. Fish and operated drill, a battery operated angle Previous Federal Actions grinder; and a battery operated jigsaw. Wildlife Service, South Florida Note: C.R.C, c. 1038.114, Theft Protection Ecological Services Field Office, 1339 Please refer to the proposed listing and Rollaway Prevention (in effect March 30, 20th Street, Vero Beach, FL 32960; rule for Chamaecrista lineata var. 2011). See: SOR/2011–69 March, 2011 telephone 772–562–3909; facsimile keyensis, Chamaesyce deltoidea ssp. ‘‘Regulations Amending the Motor Vehicle 772–562–4288. serpyllum, Linum arenicola, and
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Argythamnia blodgettii (80 FR 58536; corrected to Psidium longipes distribution of Linum arenicola is from September 29, 2015) for a detailed (longstalked stopper). We also correct just north of SW 184 Street (in the description of previous Federal actions the reference to hardwoods in the pine Martinez Pinelands Preserve), south to concerning these species. rocklands of the lower Florida Keys; the the intersection of Card Sound Road and hardwoods in the subcanopy include the C–102 canal, and west to SW 264 Background species such as Byrsonima lucida and Street and 177 Avenue (Everglades Please refer to the proposed listing Mosiera longipes (Bradley 2006, p. 3). Archery Range at Camp Owaissa Bauer). rule (80 FR 58536; September 29, 2015) Current Range, Population Estimates, (2) We correct our description of the for the complete discussion of each and Status compilation of all survey work to plant’s description, habitat, taxonomy, include a missed citation for Possley Please refer to the ‘‘Current Range, distribution, population estimates, (2016, pers. comm.). The corrected Population Estimates, and Status’’ climate, historical range, current range, sentence reads: Based on a compilation section of the proposed rule for the status, and biology. of all survey work through 2016, complete discussion. We make minor Below, we present only revisions to including Austin (1980), Kernan and editorial revisions to the first sentence the discussions in the Background Bradley (1996, pp. 1–30), Bradley and of the third paragraph of that section, as section of the proposed listing rule Gann (1999, pp. 61–65), Hodges and follows: A second indicator, the based on new information from peer Bradley (2006, pp. 37–41), Bradley and frequency with which Chamaecrista review and public comments; as such, Saha (2009, p. 10), Bradley (2009, p. 3), not every plant, or every topic for a lineata var. keyensis occurred in sample plots on Big Pine Key from data Hodges (2010, pp. 4–5, 15), Bradley and plant, will be discussed below. van der Heiden (2013, pp. 6–12, 19), Chamaecrista lineata var. keyensis collected in 2005, 2007, and 2013, also shows a decline. Bradley et al. (2015, pp. 28–29), and (Big Pine partridge pea) Possley (2016, pers. comm.), of 26 Species Description Linum arenicola (sand flax) historical population records for Linum arenicola, 12 populations are extant and Please refer to the ‘‘Species Habitat 14 are extirpated (see Table 3), a loss of Description’’ section of the proposed Please refer to the ‘‘Habitat’’ section of roughly 54 percent of known rule for the complete discussion. We the proposed rule for the complete populations, from the early 1900s to the make one minor editorial revision to our discussion. Under Roadsides and Other present. description of the plant’s fruit, as Disturbed Sites, we make minor follows: The fruit is an elongate pod, editorial corrections concerning the (3) Under Miami-Dade County, we roughly similar to that of a pea, 33–45 plant’s persistence on roadsides, as correct the location of the seventh millimeters (mm) (1.3–1.8 inches (in)) follows: Linum arenicola was at one population of Linum arenicola, as long and 4.5–5.0 mm (0.19–0.17 in) time more common in pine rocklands in follows: A seventh small population, wide, with a soft fuzzy texture, which Miami-Dade County, but a lack of located in 2014 at Zoo Miami, (Possley turns gray with age and eventually splits periodic fires in most pine rocklands 2016, pers. comm.) is located on county open to release seeds (Irwin and fragments over the last century has land. Barneby 1982, p. 757; Small 1933, pp. pushed this species into the more (4) As a result of the corrections 662–663). sunny, artificial environments it prefers described in (1) through (3), above, we (Bradley and Gann 1999, p. 61). present a revised version of the Habitat Please refer to the ‘‘Current Range, proposed rule’s Table 3 (note: in the Please refer to the ‘‘Habitat’’ section of Population Estimates, and Status’’ following table, USFWS stands for U.S. the proposed rule for the complete section of the proposed rule for the Fish and Wildlife Service; FWC stands discussion. In the Pine Rocklands complete discussion. We make the for Florida Fish and Wildlife discussion, we correct the following following corrections to that discussion: Conservation Commission; HARB names of species: Quercus elliottii (1) We correct the description of the stands for Homestead Air Reserve Base; (running oak) is corrected to Quercus current distribution of Linum arenicola and SOCSOUTH stands for Special elliottii (running oak), and Psidium in Miami-Dade County, as follows: In Operations Command South longipes (longstalked stopper) is Miami-Dade County, the current Headquarters):
TABLE 3—SUMMARY OF THE STATUS AND TRENDS OF THE KNOWN OCCURRENCES OF Linum arenicola
Most Recent Population Population Ownership Estimate County Trend
Extant 12 records
Big Pine Key ...... USFWS, FWC, 2,676 (2007) 1 ...... Monroe ...... declining. TNC 12, Private. Upper Sugarloaf Key ...... FDOT 13, USFWS .... 73 (2010) 2 ...... Monroe ...... insufficient data. Lower Sugarloaf Key ...... FDOT 13, USFWS .... 531 (2010) 2 ...... Monroe ...... stable. Big Torch Key ...... FDOT 13, Private ...... 1 (2010) 2 ...... Monroe ...... declining. Zoo Miami ...... Miami-Dade County 56 (2014) 5 ...... Miami-Dade ...... insufficient data. Martinez Pineland ...... Miami-Dade County 100–200 (2013) 6 ...... Miami-Dade ...... insufficient data. Everglades Archery Range ...... Miami-Dade County 23 (2012) 7 ...... Miami-Dade ...... insufficient data. HAFB 15 1—S of Naizare BLVD ...... DOD 14, Miami-Dade 24,000 (2013) 7 ...... Miami-Dade ...... stable. County. SOCSOUTH (HAFB 2—NW side of Bikini DOD 14 (leased from 74,000 (2009) 710 ...... Miami-Dade ...... stable. BLVD). Miami-Dade Coun- ty). HARB (SW 288 St. and 132 Ave) ...... DOD 14 ...... 37 (2011) 7 ...... Miami-Dade ...... insufficient data. C–102 Canal SW 248 St. to U.S. 1 ...... SFWMD 11 ...... 1,000–10,000 (2013) 7 ...... Miami-Dade ...... insufficient data.
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TABLE 3—SUMMARY OF THE STATUS AND TRENDS OF THE KNOWN OCCURRENCES OF Linum arenicola—Continued
Most Recent Population Population Ownership Estimate County Trend
L–31E canal, from SW 328 St. to Card SFWMD 11 ...... Plants occur along 14 km (8.7 Miami-Dade ...... insufficient data. Sound Road. mi) of levee (2013) 7.
Extirpated 14 records
Middle Torch Key ...... FWC, FDOT13 ...... 3 (2005) 3 ...... Monroe. Ramrod Key ...... FDOT13 ...... 110 (1979) 4 ...... Monroe. Park Key ...... FDOT13 ...... unknown (1961) 3 ...... Monroe. Boca Chica ...... DOD14, other (un- unknown (1912) 3 ...... Monroe. known). Camp Jackson ...... unknown ...... unknown (1907) 9 ...... Miami-Dade. Big Hammock Prairie ...... unknown ...... unknown (1911) 9 ...... Miami-Dade. Camp Owaissa Bauer ...... Miami-Dade County 10 (1983) 7 ...... Miami-Dade. Allapatah Drive and Old Cutler Road ...... Private ...... 256 (1996) 8 ...... Miami-Dade. Bauer Drive (Country Ridge Estates) ...... Miami-Dade County 8 (1996) 8 ...... Miami-Dade. Silver Green Cemetery ...... Private ...... 47 (1996) 8 ...... Miami-Dade. Palmetto Bay Village Center ...... Private ...... 12 (1996) 8 ...... Miami-Dade. HAFB (Community Partnership Drive) ...... DOD14, Miami-Dade unknown (2010) 7 ...... Miami-Dade. County. Coco Plum Circle (corner of Robles Street Private ...... 75 (1996) 8 ...... Miami-Dade. & Vista Mar Street). George Avery Pineland Preserve ...... Private ...... ‘‘small colony’’ (2002) 7 ...... Miami-Dade. 1 Bradley and Saha 2009, p. 10. 2 Hodges 2010, p. 10. 3 Hodges and Bradley 2006, pp. 39–48. 4 Austin et al. 1980 in FNAI. 5 Possley 2016, pers. comm., p. 11. 6 Possley 2014, pers. comm. 7 Bradley and Van Der Heiden 2013, pp. 6–11. 8 Kernan and Bradley 1996, p. 9. 9 Bradley and Gann 1999, p. 65. 10 Bradley 2009, p. 3. 11 South Florida Water Management District (SFWMD). 12 The Nature Conservancy (TNC). 13 Florida Department of Transportation (FDOT). 14 Department of Defense (DOD). 15 Homestead Air Force Base (HAFB; decommissioned).
Biology rule for the complete discussion. We Current Range, Population Estimates, Please refer to the ‘‘Biology’’ section clarify the description of the leaves of and Status of the proposed rule for the complete Argythamnia blodgettii, as follows: The Please refer to the ‘‘Current Range, discussion. leaves, arranged alternately along the We revise the Life History and stems, are 1.5 to 4.0 centimeters (cm) Population Estimates, and Status’’ Reproduction discussion to read: (0.6 to 1.6 in) long, have smooth (or section of the proposed rule for the Life History and Reproduction: Little rarely toothed) edges, are oval or elliptic complete discussion. We make the is known about the life history of Linum in shape, and often are colored a following corrections to that discussion: arenicola, including pollination biology, distinctive, metallic bluish green when (1) We correct the data in Table 4, seed production, or dispersal. dried. presented below. (Note: In the following Reproduction is sexual, with new plants table, USFWS stands for U.S. Fish and generated from seeds. L. arenicola is Taxonomy Wildlife Service; FWC stands for Florida apparently self-compatible (Harris 2016, Fish and Wildlife Conservation pers. comm.). The species produces Please refer to the ‘‘Taxonomy’’ section of the proposed rule for the Commission; DOD stands for flowers nearly year round, with Department of Defense; and ENP stands maximum flowering from April to complete discussion. for Everglades National Park.) September, with a peak around March To the end of the first paragraph, we and April. L. arenicola population add the following: Ingram (1952) (2) Because of the corrections demographics or longevity have not indicates the distribution of presented below for Table 4, the text been studied (Bradley and Gann, 1999, Argythamnia argothamnoides preceding the table in the proposed rule p. 65; Hodges and Bradley 2006, p. 41; (including Florida material) as Florida is now incorrect. Based on the data Hodges 2007, p. 2; Harris 2016, pers. and Venezuela. As such, the Service presented below in Table 4, there are 50 comm.). accepts the treatment of Argythamnia records for Argythamnia blodgettii in Argythamnia blodgettii (Blodgett’s blodgettii as a distinct species and Miami-Dade and Monroe Counties. silverbush) therefore does not find a compelling Twenty populations are extant, 15 are Species Description justification to remove the species from extirpated, and the status of 15 is uncertain because they have not been Please refer to the ‘‘Species consideration for listing under the Act. Description’’ section of the proposed surveyed in 15 years or more.
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TABLE 4—SUMMARY OF THE STATUS AND TRENDS OF THE KNOWN OCCURRENCES OF Argythamnia blodgettii
Most recent population Population Ownership estimate County Trend
Extant 20 records
Plantation Key, Snake Creek Hammock ... FWC ...... 101–1,000 (2005) 2 ...... Monroe ...... Insufficient data. Lower Matecumbe Key—Klopp Tract ...... FDEP 6 ...... 11–100 (2000) 2 ...... Monroe ...... Insufficient data. Lignumvitae Key ...... FDEP 6 ...... 101–1,000 (2005) 2 ...... Monroe ...... Insufficient data. Big Munson Island ...... Private (Boy Scouts 1,001–10,000 (2005) 2 ...... Monroe ...... Insufficient data. of America). North Key Largo ...... DOD, FDOT ...... No estimate (2005) 8 ...... Monroe ...... Insufficient data. Key Largo—Dove Creek Hammock ...... FWC, FDOT ...... 11–100 (2005) 2 ...... Monroe ...... Insufficient data. Vaca Key (Marathon)—Blue Heron Ham- FWC, FDOT ...... 11–100 (2005) 2 ...... Monroe ...... Insufficient data. mock. Windley Key—State Park ...... FDEP 6 ...... 11–100 (2005) 2 ...... Monroe ...... Insufficient data. Boca Chica KWNAS 7 Runway 25 ...... DOD ...... 1,001–10,000 (2004) 2 ...... Monroe ...... Insufficient data. Boca Chica Key KWNAS 7 Weapons Ham- DOD ...... 200 (2004) 2 ...... Monroe ...... Insufficient data. mock. Big Pine Key ...... USFWS, FWC, pri- ∼2,200 (2005) 2 ...... Monroe ...... Insufficient data. vate. ENP Long Pine Key Deer Hammock area NPS 5 ...... 2,000 (2015) 4 ...... Miami-Dade ...... Insufficient data. (Pine Block A), Turkey Hammock area (Pine Block B), Pine Block E. Fuch’s Hammock ...... Miami-Dade County 12 (2008) 1 ...... Miami-Dade ...... Insufficient data. Owaissa Bauer Addition ...... Miami Dade Parks 377 (2014) 9 ...... Miami-Dade ...... Insufficient data. and Recreation. Camp Owaissa Bauer ...... Miami Dade Parks 878 (2009) 9 ...... Miami-Dade ...... Insufficient data. and Recreation. Ned Glenn Pineland Preserve ...... Miami Dade Parks 8 (2016) 10 ...... Miami-Dade ...... Insufficient data. and Recreation. Camp Choee ...... Private (Girl Scout 3 (2005) 3 ...... Miami-Dade ...... Insufficient data. Council of Tropical Florida). Florida Power and Light Easement adja- Private ...... 7 (2015) 9 ...... Miami-Dade ...... Insufficient data. cent to Ludlam Preserve. Larry and Penny Thompson Park ...... Miami Dade Parks 5,700 (2009) 9 ...... Miami-Dade ...... Insufficient data. and Recreation. Boystown Pineland ...... Private ...... No estimate (2005) 3 ...... Miami-Dade ...... Insufficient data.
Uncertain 15 records
Crawl Key, Forestiera Hammock ...... Private ...... 10 (1982) 3 ...... Monroe ...... Insufficient data. Long Key State Park ...... FDEP ...... No estimate (1999) 2 ...... Monroe ...... Insufficient data. Stock Island ...... Private ...... No estimate (1981) 2 ...... Monroe ...... Insufficient data. Boot Key ...... Private ...... 11–100 (1998) 2 ...... Monroe ...... Insufficient data. Deering Estate ...... State of Florida ...... 11–100 (1991) 1 ...... Miami-Dade ...... Insufficient data. Castellow Hammock ...... Miami Dade Parks 11–100 (1991) 1 ...... Miami-Dade ...... Insufficient data. and Recreation. Pine Ridge Sanctuary ...... Private ...... 2–10 (1992) 1 ...... Miami-Dade ...... Insufficient data. County Ridge Estates ...... Private ...... 11–100 (1999) 1 ...... Miami-Dade ...... Insufficient data. Epmore Drive pineland ...... Private ...... 2–10 (1999) 1 ...... Miami-Dade ...... Insufficient data. Gifford Arboretum Pineland ...... Private ...... 2–10 (1999) 1 ...... Miami-Dade ...... Insufficient data. Ned Glenn Nature Preserve ...... Miami Dade Parks 11–100 (1999) 1 ...... Miami-Dade ...... Insufficient data. and Recreation. Natural Forest Community #317 ...... Private ...... 2–10 (1999) 1 ...... Miami-Dade ...... Insufficient data. Old Dixie pineland ...... Private ...... 11–100 (1999) 1 ...... Miami-Dade ...... Insufficient data. Castellow #33 ...... Private ...... 12 (1995) 3 ...... Miami-Dade ...... Insufficient data. Castellow #31 ...... Private ...... 30 –50 (1995) 3 ...... Miami-Dade ...... Insufficient data.
Extirpated 15 records
Upper Matecumbe Key ...... unknown ...... No estimate (1967) 3 ...... Monroe. Totten Key ...... NPS ...... No estimate (1904) 1 ...... Monroe. Key West ...... City of Key West ...... No estimate (1965) 1 ...... Monroe. SW 184th St. and 83rd Ave...... Private ...... 0 (2016) 10 ...... Miami-Dade ...... Insufficient data. Tropical Park Pineland ...... Miami Dade Parks 0 (2016) 9 ...... Miami-Dade. and Recreation. Crandon Park—Key Biscayne ...... Miami Dade Parks 0 (2008) 9 ...... Miami-Dade. and Recreation. Brickell Hammock ...... unknown ...... Extirpated 1937 1 ...... Miami-Dade. Carribean Park ...... Miami-Dade County Extirpated 1998 1 ...... Miami-Dade. Coconut Grove ...... Miami-Dade County Extirpated 1901 1 ...... Miami-Dade. Coral Gables area ...... unknown ...... Extirpated 1967 1 ...... Miami-Dade. Miller and 72nd Ave ...... unknown ...... Extirpated 1975 1 ...... Miami-Dade.
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TABLE 4—SUMMARY OF THE STATUS AND TRENDS OF THE KNOWN OCCURRENCES OF Argythamnia blodgettii— Continued
Most recent population Population Ownership estimate County Trend
Orchid Jungle ...... Miami-Dade County Extirpated 1930 1 ...... Miami-Dade. Palms Woodlawn Cemetery ...... Private ...... Extirpated 1992 1 ...... Miami-Dade. South of Miami River ...... unknown ...... Extirpated 1913 1 ...... Miami-Dade. Naranja ...... Private ...... No estimate (1974) 3 ...... Miami-Dade. 1 Bradley and Gann 1999, p. 6. 2 Hodges and Bradley 2006, pp. 10–17. 3 FNAI 2011b. 4 Sadle 2015, pers. comm., p. 1. 5 National Park Service (NPS). 6 Florida Department of Environmental Protection (FDEP). 7 Key West Naval Air Station (KWNAS). 8 Henize and Hipes 2005, p. 25. 9 Possley 2016, pers. comm. 10 Lange 2016, pers. comm.
Summary of Comments and information about the status of various ‘‘Taxonomy’’ sections of this rule and Recommendations populations of Linum arenicola and the proposed rule, there is a history of Argythamnia blodgettii within Miami- In the proposed rule published on changes to the classification of this Dade County preserves. The peer September 29, 2015 (80 FR 58536), we plant, with many based on studies that reviewer suggested that the Service may requested that all interested parties do not include samples from across the be overestimating the number of extant submit written comments on the plant’s range, including the recent populations of A. blodgettii, referring to proposal by November 30, 2015. We publication suggesting that outdated data for Tropical Park, also contacted appropriate Federal and Argythamnia blodgettii is synonymous Martinez Preserve, and Crandon Park. State agencies, scientific experts and with the wider ranging Ditaxis The reviewer also suggested the rule organizations, and other interested argothamnoides. However, the Service should identify the separate parcels accepts the treatment of A. blodgettii as parties and invited them to comment on within the Richmond Pinelands the proposal. Newspaper notices a distinct species and therefore does not complex (i.e., Ram Development find a compelling justification to inviting general public comment were Corporation, Martinez Pineland published in the Miami Herald and Key remove the species from consideration Preserve, Larry and Penny Thompson for listing under the Act. West Citizen. We did not receive any Park, Zoo Miami, University of Florida, requests for a public hearing. All (3) Comment: One reviewer and those owned by the Department of commented on the need to include substantive information provided Defense (DOD)). during the comment period has either information about genetic studies in the Our Response: The Service document. been incorporated directly into this final appreciates the new information. We determination or is addressed below. Our Response: No genetic studies of have updated the tables, and associated Chamaecrista lineata var. keyensis, Peer Reviewer Comments text, summarizing the status and trends Chamaesyce deltoidea ssp. serpyllum, of the known occurrences of Linum In accordance with our peer review Linum arenicola, or Argythamnia arenicola and Argythamnia blodgettii blodgettii have been conducted. policy published on July 1, 1994 (59 FR (Tables 3 and 4, above). 34270), we solicited expert opinion (2) Comment: Two peer reviewers and (4) Comment: One reviewer disagreed from three knowledgeable individuals one public commenter identified a with our statement that there is no with scientific expertise that included recent publication by Ramirez-Amezcua regulatory protection for State-listed familiarity with Chamaecrista lineata and Steinman (2013) that included a plants on private lands through Florida var. keyensis, Chamaesyce deltoidea treatment of the Argythamnia subgenus Administrative Code (FAC) 5B–40. ssp. serpyllum, Linum arenicola, and Ditaxis in Mexico, stating that the range Our Response: The Service apologizes Argythamnia blodgettii and their of A. argothamnoides includes Florida, for mischaracterizing the regulatory habitats, biological needs, and threats. which may bring into question the protections provided through FAC 5B– We received responses from all three validity of A. blodgettii as a valid taxon. 40. We have corrected this, and describe peer reviewers. One reviewer concluded that after the protections in detail in this final We reviewed all comments received reading the published information on rule under Factor D. The Inadequacy of from the peer reviewers for substantive the subject, he did not find compelling Existing Regulatory Mechanisms, below. issues and new information regarding information to suggest that Florida A. (5) Comment: One reviewer suggested the listing of Chamaecrista lineata var. blodgettii populations are synonymous future research in best practices for keyensis, Chamaesyce deltoidea ssp. with Argythamnia spp. outside of mowing areas that support serpyllum, Linum arenicola, and Florida. This reviewer also Chamaecrista lineata var. keyensis, Argythamnia blodgettii. The peer recommended that the Service treat A. Chamaesyce deltoidea ssp. serpyllum, reviewers generally concurred with our blodgettii as a distinct species, endemic Linum arenicola, and Argythamnia methods and conclusions, and provided to Florida. blodgettii. additional information, clarifications, Our Response: The Service has Our Response: The Service agrees that and suggestions to improve this final reviewed Ramirez-Amezcua and the best mowing practices should be rule. Steinman (2013) and additional investigated to support the species. This (1) Comment: One peer reviewer and literature relating to the taxonomy of is a topic that will be addressed in the one public commenter provided new Argythamnia blodgettii. As stated in the recovery planning process.
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(6) Comment: One reviewer provided No Name Key, and the Torch Keys. In keyensis, Chamaesyce deltoidea ssp. new information from an ongoing study addition, the number of aerially applied serpyllum, Linum arenicola, or about the direct and indirect effects of naled (Dibrom®) treatments allowed on Argythamnia blodgettii. mosquito insecticide spray on flower NKDR has been limited since 2008 Comments From the State visitors and reproductive fitness of (FKMCD 2012, pp. 10–11). Zones that Chamaecrista lineata var. keyensis and include the core habitat used by pine We received comments from a peer Linum arenicola in the lower Florida rockland butterflies, and several linear reviewer who is employed by the Keys. In addition, two public miles of pine rocklands habitat within Florida Forest Service. Those comments commenters took issue with the section the Refuge-neighborhood interface, were are addressed above under Peer of the proposed rule that discussed excluded from truck spray applications Reviewer Comments in our responses to mosquito control pesticide applications (no-spray zones) (Anderson 2012, pers. Comments (3) and (4). as a factor affecting pollinators of comm.; Service 2012, p. 32). These Public Comments Chamaecrista lineata var. keyensis, exclusions and buffer zones encompass Chamaesyce deltoidea ssp. serpyllum, over 95 percent of extant croton (8) Comment: One commenter Linum arenicola, and Argythamnia distribution on Big Pine Key, and opposed the proposed listing of the blodgettii. They asserted that the Service include the majority of known recent plants on Big Pine Key, Florida. While made incorrect statements regarding the and historical Florida leafwing the commenter generally agreed with frequency and amount of mosquito population centers on the island the field data for the Chamaecrista control adulticide treatments in South (Salvato 2012, pers. comm.). lineata var. keyensis, Chamaesyce Florida. These public commenters Accordingly, the Service commends deltoidea ssp. serpyllum, Linum requested that any mention of pesticide the FKMCD for its cooperation in arenicola, and Argythamnia blodgettii, effects on pollinators be removed from recovering endangered butterflies and the commenter asserted the habitat can this final rule. plants. Nevertheless, we are proceeding no longer sustain these and other Our Response: The Service cautiously and have initiated a multi- federally protected endangered species appreciates the new information year research project to further going forward. The commenter provided by the peer reviewer. Data investigate the level of impact pesticides described several alterations, including from ongoing studies in the lower have on these four plants. drainage canals and shallow wells for Florida Keys of L. arenicola flower drainage, that they asserted have Federal Agency Comments visitor observations show that sites not permanently damaged the freshwater treated with adulticides had slightly (7) Comment: The U.S. Navy lens (convex layer of groundwater on higher fruit set rates than treated sites expressed interest and a commitment to top of a layer of denser saltwater) in the and pollinator-excluded experimental work proactively with the Service to Florida Keys. These alterations and sea trials. Several species of small bees were coordinate on the proposed listing of level rise have permanently changed the observed frequenting flowers at Chamaecrista lineata var. keyensis, natural lens and the amount of untreated sites, while visitation was Chamaesyce deltoidea ssp. serpyllum, freshwater available to these species, much less frequent at the treated site. Linum arenicola, and Argythamnia particularly in times of drought or Extensive studies in the Florida Keys blodgettii under the Act. Naval Air following a major hurricane event. suggest that broad spectrum insecticides Station (NAS) Key West, Florida, is Our Response: The Service negatively affect nontarget invertebrates, subject to the NAS Key West Integrated acknowledges the challenges faced by including pollinators (Hennessey 1991; Natural Resources Management Plan the Florida Keys due to salinization and Eliazar and Emmel 1991; Kevan et al. (INRMP). The Navy noted that the NAS sea level rise. These factors are 1997; Salvato 2001; Bargar 2011; Hoang Key West INRMP was acknowledged in discussed at length in this final rule et al. 2011). In addition, pesticides have the proposed listing rule as providing a under Factor E. Other Natural or been shown to drift into adjacent conservation benefit to Argythamnia Manmade Factors Affecting Its undisturbed habitat that serves as a blodgettii habitat. The 2013 INRMP Continued Existence, below. In refuge for native biota (Hennessey 1992; update identified several Monroe addition, the Service agrees habitat loss Pierce et al. 2005; Zhong et al. 2010; County rare species, including or degradation is a factor that threatens Bargar 2011). These pesticides can be Chamaecrista lineata var. keyensis, Chamaecrista lineata var. keyensis, fatal to nontarget invertebrates that Chamaesyce deltoidea ssp. serpyllum, Chamaesyce deltoidea ssp. serpyllum, move between urban and forest habitats, and Linum arenicola, that do not occur Linum arenicola, and Argythamnia altering ecological processes within on NAS Key West properties. The Navy blodgettii. However, we disagree that forest communities (Kevan and requested that the Service coordinate habitat on Big Pine Key can no longer Plowright 1989, 1995; Liu and Koptur with it prior to proposing critical habitat sustain these or other federally 2003). on Navy land for any of these species protected endangered species going The Service believes that pesticide and to fully consider the benefits forward. Canals, which occur spraying may be a factor affecting the imparted to these species through throughout a large portion of Big Pine reproductive success of Chamaecrista INRMP implementation. Key, have allowed saltwater intrusion lineata var. keyensis, Chamaesyce Our Response: We appreciate the U.S. into upland areas of the island for deltoidea ssp. serpyllum, Linum Navy’s interest and commitment to decades, threatening upland arenicola, and Argythamnia blodgettii. work proactively with the Service to ecosystems. However, habitat However, we acknowledge that conserve Argythamnia blodgettii. In restoration is ongoing across Big Pine pesticide spraying practices by the particular, NAS Key West has been Key, particularly within the pine Florida Keys Mosquito Control District proactive in surveying for these species rocklands and rockland hammocks. (FKMCD) at National Key Deer Refuge and updating the NAS Key West INRMP These restoration efforts are attempting (NKDR) have changed over the years to to include conservation measures for to protect the freshwater lens required reduce pesticide use. Since 2003, Argythamnia blodgettii. The Service by native vegetation; this includes expanded larvicide treatments to will coordinate early with NAS Key filling or plugging drainage canals to surrounding islands have significantly West regarding any critical habitat reduce or halt seawater intrusion into reduced adulticide use on Big Pine Key, proposal for Chamaecrista lineata var. upland areas.
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Summary of Changes From the Florida, in which all four plants The marl prairies that also support Proposed Rule primarily occur, is critically imperiled Linum arenicola have similarly been None of the new information we locally and globally (FNAI 2012, p. 27). destroyed by the rapid development of received during the comment period on Destruction of pine rocklands and Miami-Dade and Monroe Counties. At the proposed rule changes our rockland hammocks has occurred since least some of the occurrences reported determinations in this final rule for the beginning of the 1900s. Extensive from this habitat may be the result of these four plants. Most of the changes land clearing for human population colonization that occurred after they are editorial in nature, and are described growth, development, and agriculture in were artificially dried-out due to local above in the Background section of this Miami-Dade and Monroe Counties has or regional drainage. rule. However, based on comments we altered, degraded, or destroyed Likewise, habitat modification and received from peer reviewers and the thousands of acres of these once destruction from residential and public, we make the following abundant ecosystems. commercial development have severely substantive changes: In Miami-Dade County, development impacted rockland hammocks, and • We update the status of several and agriculture have reduced pine coastal berm, that support Argythamnia populations of Linum arenicola and rocklands habitat by 90 percent in blodgettii. Rockland hammocks were Argythamnia blodgettii; mainland south Florida. Pine rocklands once abundant in Miami-Dade and • We update the discussion of the habitat decreased from approximately Monroe Counties but are now taxonomy of A. blodgettii to take into 74,000 hectares (ha) (183,000 acres (ac)) considered imperiled locally and consideration a recent publication; and in the early 1900s, to only 8,140 ha globally (FNAI 2010x, pp. 24–26). The • We update our discussion of (20,100 ac) in 1996 (Kernan and Bradley tremendous development and pesticide applications and pollinators to 1996, p. 2). The largest remaining intact agricultural pressures in south Florida reflect current application limitations pine rocklands (approximately 2,313 ha have resulted in significant reductions now in effect on Big Pine Key. (5,716 ac)) is located on Long Pine Key of rockland hammock, which is also in Everglades National Park (ENP). susceptible to fire, frost, hurricane Summary of Factors Affecting the damage, and groundwater reduction Species Outside of ENP, only about 1 percent of the pine rocklands on the Miami Rock (Phillips 1940, p. 167; Snyder et al. The Act directs us to determine Ridge have escaped clearing, and much 1990, pp. 271–272; FNAI 2010, pp. 24– whether any species is an endangered of what is left are small remnants 26). Pine rocklands, rockland hammock, species or a threatened species because scattered throughout the Miami marl prairie, and coastal habitats on of any one of five factors affecting its metropolitan area, isolated from other private land remain vulnerable to continued existence. In this section, we natural areas (Herndon 1998, p. 1). summarize the biological condition of development, which could lead to the each of the plant species and its Similarly, most of the pine rocklands loss of populations of these four species. resources, and the factors affecting in the Florida Keys (Monroe County) As noted earlier, all four plants have them, to assess the species’ overall have been impacted (Hodges and been impacted by development. The viability and the risks to that viability. Bradley 2006, p. 6). Pine rocklands sites of Small’s 1907 and 1911 L. historically covered 1,049 ha (2,592 ac) arenicola collections in Miami-Dade Factor A. The Present or Threatened of Big Pine Key (Folk 1991, p. 188), the County are now agricultural fields Destruction, Modification, or largest area of pine rocklands in the (Kernan and Bradley 1996, p. 4). A pine Curtailment of Its Habitat or Range Florida Keys. Pine rocklands now cover rocklands site that supported L. Chamaecrista lineata var. keyensis, approximately 582 ha (1,438 ac) of the arenicola on Vistalmar Street in Coral Chamaesyce deltoidea ssp. serpyllum, island, a reduction of 56 percent Gables (Miami-Dade County) was Linum arenicola, and Argythamnia (Bradley and Saha 2009, p. 3). There cleared and developed in 2005, as part blodgettii have experienced substantial were no estimates of pine rocklands area of the growing the Cocoplum housing destruction, modification, and on the other islands historically, but development. A second pine rocklands curtailment of their habitats and ranges. each contained much smaller amounts site that supported L. arenicola, located Specific threats to these plants under of the habitat than Big Pine Key. on private land on Old Cutler Road, was this factor include habitat loss, Remaining pine rocklands on Cudjoe developed into the Palmetto Bay Village fragmentation, and modification caused Key cover 72 ha (178 ac), Little Pine has Center. L. arenicola has not been by development (i.e., conversion to both 53 ha (131 ac), No Name has 56 ha (138 observed at either site since they were urban and agricultural land uses) and ac), and Sugarloaf has 38 ha (94 ac). The developed. A former marl prairie site inadequate fire management. Each of total area of remaining pine rocklands in supporting a sizable population of L. these threats and its specific effects on the Florida Keys is approximately 801 arenicola near Old Cutler Road and these plants are discussed in detail ha (1,979 ac). Currently, about 478 ha Allapatah Drive (SW 112 Ave) in below. (1,181 ac) (82 percent) of the pine Miami-Dade County was extirpated rocklands on Big Pine Key, and most of when the site was developed in the Human Population Growth, the pine rocklands on these other 1990s (Bradley and van der Heiden Development, and Agricultural islands, are protected within the NKDR 2013, pp. 6–12, 19). The Boca Chica Key Conversion and properties owned by the Nature population of L. arenicola was also The modification and destruction of Conservancy, the State of Florida, and likely lost due to development (Hodges the habitats that support Chamaecrista Monroe County (Bradley and Saha 2009, and Bradley 2006, p. 48). lineata var. keyensis, Chamaesyce pp. 3–4). Based on the data presented Bradley and Gann (1999, p. 6) list 12 deltoidea ssp. serpyllum, Linum above, the total remaining acreage of populations of Argythamnia blodgettii arenicola, and Argythamnia blodgettii pine rocklands in Miami-Dade and in Miami-Dade County that were lost has been extreme in most areas of Monroe Counties is now 8,981 ha when the site that supported them was Miami-Dade and Monroe Counties, (22,079 ac) (approximately 8,140 ha developed. An A. blodgettii population thereby reducing these plants’ current (20,100 ac) in Miami-Dade County, and on Key West was likely lost due to the ranges and abundance in Florida. The 801 ha (1,979 ac) in the Florida Keys near complete urbanization of the island pine rocklands community of south (Monroe County)). (Hodges and Bradley 2006, p. 43). Any
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development related to the Boy Scout manage 15 ha (39 ac) of pine rocklands to development, the size and extent of camp on Big Munson Island is a and 2 ha (4 ac) of rockland hammock. these populations have been reduced on potential threat to the largest population A second project that would result in Big Pine Key (and surrounding islands A. blodgettii. the loss of pine rocklands habitat is also for Chamaecrista lineata var. keyensis). The largest Linum arenicola proposed for the Richmond pine The total area of pine rocklands on Big population in Miami-Dade County is rocklands. It includes expanding the Pine Key has decreased by 56 percent located on property owned by the Miami Zoo complex to develop an from 1955 to the present (Bradley and Miami-Dade County Homeless Trust. amusement park and large retail mall. Saha 2009, p. 3). U.S. Special Operations Command Approximately 25 percent of extant The human population within Miami- South Headquarters (SOCSOUTH), a Linum arenicola occurrences (3 of 12 Dade County is currently greater than unified command of all four services of sites), and 40 percent of extant 2.4 million people, and is expected to DOD, has entered into a 50-year Argythamnia blodgettii occurrences (14 grow to more than 4 million by 2060, an agreement with Miami-Dade County to of 35 sites), are located on private land; annual increase of roughly 30,000 lease this 90-ac (36.4-ha) area, where no extant populations of Chamaecrista people (Zwick and Carr 2006, p. 20). they are building a permanent lineata var. keyensis or Chamaesyce Overall, the human population in headquarters on approximately 28 ac deltoidea ssp. serpyllum are located Monroe County is expected to increase (11.3 ha) (DOD 2009, p. 1). As stated entirely on private land. It is possible from 79,589 to more than 92,287 people above, the population of L. arenicola is that the plants on private lands will be by 2060 (Zwick and Carr 2006, p. 21). spread across the site and was estimated lost from most of these sites in the All vacant land in the Florida Keys is at 74,000 plants in 2009 (Bradley 2009, future with increased pressure from projected to be developed by then, p. 3). In consultation with the Service, development and the other threats including lands currently inaccessible the DOD developed a plan that avoided described below. for development, such as islands not the majority of the population with Argythamnia blodgettii is the only attached to the Overseas Highway (U.S. accompanying protection and one of the four plant species that occurs 1) (Zwick and Carr 2006, p. 14). management of approximately 57,725 in ENP, where a population of over However, in an effort to address the individuals of sand flax (about 78 2,000 plants is stable, and prescribed impact of development on federally percent of the estimated onsite fire and other management activities listed species, Monroe County population) (Service 2011, p. 13). The that benefit A. blodgettii are conducted implemented a habitat conservation plan will manage 5.95 ha (14.7 ac) of on a regular basis. plan (HCP) for Big Pine and No Name habitat, though most of it is scraped, Most pine rocklands and rockland Keys in 2006. In order to fulfill the and only a small portion has a pine hammock habitat is now limited to HCP’s mitigation requirements, the canopy (Van der Heiden and Johnson public conservation lands, where future County has been actively acquiring 2013, p. 2). An additional 1.3 ha (3.2 ac) development and habitat alteration are parcels of high-quality pine rocklands, is being managed and supports 13,184 less likely than on private lands. such as The Nature Conservancy’s 20- individuals of sand flax (about 18 However, public lands could be sold off acre Terrestris Tract on Big Pine Key, percent of the estimated onsite (or leased) in the future and become and managing them for conservation. population) (Service 2011, p. 13). more likely to be developed or altered Although the HCP has helped to limit Currently there are plans to develop a in a way that negatively impacts the the impact of development, land 55-ha (137-ac) privately-owned portion habitat. For example, at the SOCSOUTH development pressure and habitat losses of the largest remaining area of pine site noted above (leased to DOD by may resume when the HCP expires in rocklands habitat in Miami-Dade Miami-Dade County), ongoing 2023. If the HCP is not renewed, County, the Richmond pine rocklands, development of headquarters buildings residential or commercial development with a shopping center and residential SOCSOUTH has resulted in the loss of could increase to pre-HCP levels. construction (RAM 2014, p. 2). Bradley L. arenicola and pine rocklands habitat While Miami-Dade and Monroe and Gann (1999, p. 4) called the 345-ha (Bradley and van der Heiden 2013, pp. County both have developed a network (853-ac) Richmond pine rocklands, ‘‘the 8–10). Construction of visitor facilities of public conservation lands that largest and most important area of pine such as parking lots, roads, trails, and include pine rocklands, rockland rockland in Miami-Dade County outside buildings can result in habitat loss on hammocks, marl prairies, and coastal of Everglades National Park.’’ public lands that are set aside as habitats, much of the remaining habitat Populations of Argythamnia blodgettii preserves or parks. occurs on private lands as well as and Linum arenicola, along with Roadside populations of publicly owned lands not managed for numerous federally listed species, occur Chamaecrista lineata var. keyensis, conservation. Species occurrences and in habitat adjacent to the area slated for Chamaesyce deltoidea ssp. serpyllum, suitable habitat remaining on these development. The Miami-Dade County Linum arenicola, and Argythamnia lands are threatened by habitat loss and Department of Regulatory and Economic blodgettii are vulnerable to habitat loss degradation, and threats are expected to Resources (RER) has completed a and modification stemming from accelerate with increased development. management plan for county-owned infrastructure projects such as road Further losses will seriously affect the portions of the Richmond pine widening, and installation of four plant species’ ability to persist in rocklands (Martinez Pineland Preserve, underground cable, sewer, and water the wild and decrease the possibility of Larry and Penny Thompson Park) under lines. The Lower Sugarloaf Key their recovery or recolonization. a grant from the Service and is leading population of Linum arenicola was the restoration and management of these impacted by repaving of the road, which Habitat Fragmentation areas (Bradley and Gann 1999, p. 4). The placed asphalt on top of and adjacent to The remaining pine rocklands in the developer has proposed to enter into a the population (Hodges and Bradley Miami metropolitan area are severely habitat conservation plan in conjunction 2006, p. 41). fragmented and isolated from each other with their plans to develop their portion Although no entire populations of by vast areas of development. of the site and was required by Miami- Chamaecrista lineata var. keyensis or Remaining pine rockland areas in the Dade County Natural Forest Community Chamaesyce deltoidea ssp. serpyllum Florida Keys are fragmented and are (NFC) regulations to set aside and have been extirpated by habitat loss due located on small islands separated by
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ocean. Habitat fragmentation reduces 1227; Harris and Johnson 2004, pp. 30– blodgettii is habitat modification and the size of plant populations and 33). As a result, plants in fragmented degradation through inadequate fire increases spatial isolation of remnants. habitats may experience lower visitation management, which includes both the Barrios et al. (2011, p. 1062) rates, which in turn may result in lack of prescribed fire and suppression investigated the effects of fragmentation reduced seed production of the of natural fires. Where the term ‘‘fire- on a pine rocklands plant, Angadenia pollinated plant (which may lead to suppressed’’ is used below, it describes berteroi (pineland golden trumpet), reduced seedling recruitment), reduced degraded pine rocklands conditions which is recognized by the State of pollen dispersal, increased inbreeding, resulting from a lack of adequate fire Florida as threatened, and found that reduced genetic variability, and (natural or prescribed) in the landscape. abundance and fragment size were ultimately reduced population viability Historically, frequent (approximately positively related. Possley et al. (2008, (Rathcke and Jules 1993, p. 275; twice per decade), lightning-induced p. 385) studied the effects of fragment Goverde et al. 2002, pp. 297–298; Harris fires were a vital component in size on species composition in south and Johnson 2004, pp. 33–34). maintaining native vegetation and Florida pine rocklands, and found that In addition to affecting pollination, ecosystem functioning within south plant species richness and fragment size fragmentation of natural habitats often Florida pine rocklands. A period of just were positively correlated (although alters other ecosystems’ functions and 10 years without fire may result in a some small fragments supported nearly disturbance regimes. Fragmentation marked decrease in the number of as many species as the largest fragment). results in an increased proportion of herbaceous species due to the effects of Composition of fragmented habitat ‘‘edge’’ habitat, which in turn has a shading and litter accumulation (FNAI typically differs from that of intact variety of effects, including changes in 2010, p. 63). Exclusion of fire for forests; as isolation and edge effects microclimate and community structure approximately 25 years will likely result increase, there is increased abundance at various distances from the edge in gradual hammock development over of disturbance-adapted species (weedy (Margules and Pressey 2000, p. 248), that time period, leaving a system that species; nonnative, invasive species) altered spatial distribution of fire is very fire-resistant if additional pre- and lower rates of pollination and (greater fire frequency in areas nearer fire management (e.g., mechanical propagule dispersal (Laurence and the edge) (Cochrane 2001, pp. 1518– hardwood removal) is not undertaken. Bierregaard 1997, pp. 347–350; Noss 1519), and increased pressure from Today, natural fires are unlikely to and Csuti 1997, pp. 284–299). The nonnative, invasive plants and animals occur or are likely to be suppressed in degree to which fragmentation threatens that may out-compete or disturb native the remaining, highly fragmented pine the dispersal abilities of Chamaecrista plant populations. Liu and Koptur rocklands habitat. The suppression of lineata var. keyensis, Chamaesyce (2003, p. 1184) reported decreases in natural fires has reduced the size of the deltoidea ssp. serpyllum, Linum Chamaecrista lineata var. keyensis’s areas that burn, and habitat arenicola, and Argythamnia blodgettii is seed production in urban areas of Big fragmentation has prevented fire from unknown. In the historical landscape, Pine Key due to increased seed moving across the landscape in a where pine rocklands occurred within a predation, compared with areas away natural way. Without fire, successional mosaic of wetlands, water may have from development. climax from pine rocklands to rockland The effects of fragmentation on fire go acted as a dispersal vector for all pine hammock is rapid, and displacement of beyond edge effects and include rocklands seeds. In the current, native species by invasive, nonnative reduced likelihood and extent of fires, plants often occurs. Understory plants fragmented landscape, this type of and altered behavior and characteristics such as Chamaecrista lineata var. dispersal would no longer be possible (e.g., intensity) of those fires that do keyensis, Chamaesyce deltoidea ssp. for any of the Miami-Dade populations. occur. Habitat fragmentation encourages serpyllum, Linum arenicola, and While additional dispersal vectors may the suppression of naturally occurring Argythamnia blodgettii are shaded out include animals and (in certain fires, and has prevented fire from by hardwoods and nonnatives alike. locations) mowing equipment, it is moving across the landscape in a Shading may also be caused by a fire- likely that fragmentation has effectively natural way, resulting in an increased suppressed pine canopy that has evaded reduced these plants’ ability to disperse amount of habitat suffering from these the natural thinning effects that fire has and exchange genetic material. negative impacts. High fragmentation of on seedlings and smaller trees. Whether While pollination research has not small habitat patches within an urban the dense canopy is composed of pine, been conducted for Chamaesyce matrix discourages the use of prescribed hardwoods, nonnatives, or a deltoidea ssp. serpyllum, Linum fire as well due to logistical difficulties combination, seed germination and arenicola, and Argythamnia blodgettii, (see ‘‘Fire Management,’’ below). Forest establishment are inhibited in fire- research regarding other species and fragments in urban settings are also suppressed habitat due to accumulated ecosystems, including Chamaecrista subject to increased likelihood of certain leaf litter, which also changes soil lineata var. keyensis (discussed below), types of human-related disturbance, moisture and nutrient availability (Hiers provides valuable information regarding such as the dumping of trash (Chavez et al. 2007, pp. 811–812). This alteration potential effects of fragmentation on and Tynon 2000, p. 405). The many to microhabitat can also inhibit seedling these plants. Effects of fragmentation on effects of habitat fragmentation may establishment as well as negatively pollinators may include changes to the work in concert to threaten the local influence flower and fruit production pollinator community as a result of persistence of a species; when a species’ (Wendelberger and Maschinski 2009, limitation of pollinator-required range of occurrence is limited, threats to pp. 849–851), thereby reducing sexual resources (e.g., reduced availability of local persistence increase extinction reproduction in fire-adapted species rendezvous plants, nesting and roosting risk. such as Chamaecrista lineata var. sites, and nectar/pollen); these changes keyensis, Chamaesyce deltoidea ssp. may include changes to pollinator Fire Management serpyllum, L. arenicola, and A. community composition, species One of the primary threats to blodgettii (Geiger 2002, pp. 78–79, 81– abundance and diversity, and pollinator Chamaecrista lineata var. keyensis, 83). behavior (Rathcke and Jules 1993, pp. Chamaesyce deltoidea ssp. serpyllum, After an extended period of 273–275; Kremen and Ricketts 2000, p. Linum arenicola, and Argythamnia inadequate fire management in pine
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rocklands, it becomes necessary to In Miami-Dade County, Linum rocklands in the lower Keys have control invading native hardwoods arenicola occurred along the south edge burned at least every 5 years and mechanically, as excess growth of native of Bauer Drive on the northern border of sometimes up to three times per decade hardwoods would result in a hot fire, a pine rockland owned by Miami-Dade historically (Albritton 2009, p. 123; which can kill mature pines. County. The property is occupied by a Horn et al. 2013, pp. 1–67; Harley 2012, Mechanical treatments cannot entirely communications tower, and is not a pp. 1–246). From 1985 to 1992, replace fire because pine trees, managed preserve. Kernan and Bradley prescribed burns were conducted in the understory shrubs, grasses, and herbs all (1996) reported eight plants. At the time NKDR mainly for fuel reduction. There contribute to an ever-increasing layer of (1992 through 1996), the road shoulder was no prescribed burning by Service leaf litter, covering herbs and preventing was dominated by native grasses. Since staff in the NKDR from 1992–1997, in germination, as discussed above. Leaf then, native canopy hardwoods have part because not enough was known litter will continue to accumulate even invaded the site and eliminated the about the ecological effects of prescribed if hardwoods are removed sunny conditions required by L. fire in this system (Snyder et al. 1990, mechanically. In addition, the ashes left arenicola. It has not been seen since, p. 2). by fires provide important post-fire despite multiple surveys between 1997 All occurrences of Chamaecrista nutrient cycling, which is not provided and 2012, and is considered to be lineata var. keyensis, Chamaesyce via mechanical removal. extirpated. L. arenicola was discovered deltoidea ssp. serpyllum, Linum Federal (Service, NPS, FFS (Florida at Camp Owaissa Bauer by George N. arenicola, and Argythamnia blodgettii Forest Service)), State (FDEP, FWC), and Avery in 1983. Since that time, the pine in the Florida Keys are affected by some County land managers (Miami-Dade rocklands habitat where he found the degree of inadequate fire management of RER and NAM (the Natural Areas plants in the park suffered extremely pine rocklands habitat, with the primary Management division of Department of heavy hardwood recruitment due to fire threat being the modification and loss of Parks, Recreation and Open Spaces), suppression. Despite recent hardwood habitat due to an increase in shrub and and nonprofit organizations (Institute control and reintroduction of fire, no hardwood dominance, eliminating for Regional Conservation (IRC), The plants have been relocated. Bradley and suitable conditions for the four plants, Nature Conservancy (TNC)) implement Gann (1999, pp. 71–72) suggested that and eventual succession to rockland prescribed fire on public and private the lack of fires in most forest fragments hammock. lands within the ranges of these four in Miami-Dade County during the last Prescribed fire management over the plants. While management of some century may be one of the reasons why past decade has not been sufficient to County conservation lands includes L. arenicola occurs primarily in reverse long-term declines in regular burning, other lands remain disturbed areas. Chamaecrista lineata var. keyensis, severely fire-suppressed. Even in areas Chamaesyce deltoidea ssp. serpyllum, under active management, some Monroe County (Florida Keys): Fire or Linum arenicola on Big Pine Key. portions are typically fire-suppressed. management of pine rocklands of the Prescribed fire activity on Big Pine Key Miami-Dade County: Implementation lower Florida Keys, most of which are and adjacent islands within NKDR of a prescribed fire program in Miami- within NKDR, is hampered by a appears to be insufficient to prevent loss Dade County has been hampered by a shortage of resources, technical of pine rocklands habitat (Carlson et al. shortage of resources, as well as by challenges, and expense of conducting 1993, p. 914; Bergh and Wisby 1996, pp. logistical difficulties and public concern prescribed fire in a matrix of public and 1–2; O’Brien 1998, p. 209; Bradley and related to burning next to residential private ownership. Residential and Saha 2009, pp. 28–29; Bradley et al. areas. Many homes have been built in a commercial properties are embedded 2011, pp. 1–16). As a result, many of the mosaic of pine rocklands, so the use of within or in close proximity to pine pine rocklands across NKDR are being prescribed fire in many places has rocklands habitat (Snyder et al. 2005, p. compromised by succession to rockland become complicated because of 2; C. Anderson 2012a, pers. comm.). As hammock (Bradley and Saha 2009, pp. potential danger to structures and a result, hand or mechanical vegetation 28–29; Bradley et al. 2011, pp. 1–16). smoke generated from the burns. management may be necessary at select Conservation Efforts To Reduce the Nonprofit organizations such as IRC locations on Big Pine Key (Emmel et al. Present or Threatened Destruction, have similar difficulties in conducting 1995, p. 11; Minno 2009, pers. comm.; Modification, or Curtailment of Habitat prescribed burns due to difficulties with Service 2010, pp. 1–68) to maintain or or Range permitting and obtaining the necessary restore pine rocklands. Mechanical permissions as well as hazard insurance treatments may be less beneficial than Miami-Dade County Environmentally limitations (Gann 2013a, pers. comm.). fire because they do not quickly convert Endangered Lands (EEL) Covenant Few private landowners have the means debris to nutrients, and remaining leaf Program: In 1979, Miami-Dade County or desire to implement prescribed fire litter may suppress seedling enacted the Environmentally on their property, and doing so in a development; fire has also been found to Endangered Lands (EEL) Covenant fragmented urban environment is stimulate seedling germination (C. Program, which reduces taxes for logistically difficult and may be costly. Anderson 2010, pers. comm.). Because private landowners of natural forest All occurrences of Linum arenicola mechanical treatments may not provide communities (NFCs; pine rocklands and and Argythamnia blodgettii in Miami- the same ecological benefits as fire, tropical hardwood hammocks) who Dade County are affected by some NKDR continues to focus efforts on agree not to develop their property and degree of inadequate fire management of conducting prescribed fire where manage it for a period of 10 years, with pine rocklands and marl prairie habitat, possible (C. Anderson 2012a, pers. the option to renew for additional 10- with the primary threat being the comm.). However, the majority of pine year periods (Service 1999, p. 3–177). modification and loss of habitat due to rocklands within NKDR are several Although these temporary conservation an increase in shrub and hardwood years behind the ideal fire return easements provide valuable protection dominance, eliminating suitable interval (5–7 years) suggested for this for their duration, they are not conditions for the four plants, and ecosystem (Synder et al. 2005, p. 2; considered under the discussion of eventual succession to rockland Bradley and Saha 2011, pp. 1–16). Tree Factor D, below, because they are hammock. ring and sediment data show that pine voluntary agreements and not regulatory
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in nature. Miami-Dade County currently status and determine any changes that of refuges are compatible with their has approximately 59 pine rocklands may pose a threat to or alter the purposes and the Refuge System’s properties enrolled in this program, abundance of these species. Impacts to wildlife conservation mission. The preserving 69.4 ha (172 ac) of pine habitat (e.g., canopy) via nonnative comprehensive conservation plans rocklands habitat (Johnson 2012, pers. species and natural stochastic events are (CCPs) address conservation of fish, comm.). The program also has monitored and actively managed in wildlife, and plant resources and their approximately 21 rockland hammocks areas where the taxon is known to related habitats, while providing properties enrolled in this program, occur. These programs are long-term opportunities for compatible wildlife- preserving 20.64 ha (51 ac) of rockland and ongoing in Miami-Dade County; dependent recreation uses. An hammock habitat (Joyner 2013b, pers. however, programs are limited by the overriding consideration reflected in comm.). The vast majority of these availability of annual funding. these plans is that fish and wildlife properties are small, and many are in Since 2005, the Service has funded conservation has first priority in refuge need of habitat management such as IRC to facilitate restoration and management, and that public use be prescribed fire and removal of management of privately owned pine allowed and encouraged as long as it is nonnative, invasive plants. Thus, while rocklands habitats in Miami-Dade compatible with, or does not detract EEL covenant lands have the potential County. These programs included from, the Refuge System mission and to provide valuable habitat for these prescribed burns, nonnative plant refuge purpose(s). The CCP for the plants and reduce threats in the near control, light debris removal, hardwood Lower Florida Keys National Wildlife term, the actual effect of these management, reintroduction of pines Refuges (NKDR, Key West National conservation lands is largely determined where needed, and development of Wildlife Refuge, and Great White Heron by whether individual landowners management plans. One of these National Wildlife Refuge) provides a follow prescribed EEL management programs, called the Pine Rockland description of the environment and plans and NFC regulations (see ‘‘Local’’ Initiative, includes 10-year cooperative priority resource issues that were under Factor D discussion, below). agreements between participating considered in developing the objectives Fee Title Properties: In 1990, Miami- landowners and the Service/IRC to and strategies that guide management Dade County voters approved a 2-year ensure restored areas will be managed over the next 15 years. The CCP property tax to fund the acquisition, appropriately during that time. promotes the enhancement of wildlife protection, and maintenance of natural Although most of these objectives have populations by maintaining and areas by the EEL Program. The EEL been achieved, IRC has not been able to enhancing a diversity and abundance of Program purchases and manages natural conduct the desired prescribed burns, habitats for native plants and animals, lands for preservation. Land uses due to logistical difficulties as discussed especially imperiled species that are deemed incompatible with the earlier (see ‘‘Fire Management,’’ above). found only in the Florida Keys. The CCP Connect to Protect Program: FTBG, protection of the natural resources are also provides for obtaining baseline data with the support of various Federal, prohibited by current regulations; and monitoring indicator species to State, and local agencies and nonprofit however, the County Commission detect changes in ecosystem diversity organizations, has established the ultimately controls what may happen and integrity related to climate change. ‘‘Connect to Protect Network.’’ The with any County property, and land use The CCP provides specifically for objective of this program is to encourage changes may occur over time (Gil 2013b, maintaining and expanding populations widespread participation of citizens to pers. comm.). To date, the Miami-Dade of candidate plant species, including County EEL Program has acquired a create corridors of healthy pine Chamaecrista lineata var. keyensis, total of approximately 313 ha (775 ac) rocklands by planting stepping stone Chamaesyce deltoidea ssp. serpyllum, of pine rocklands, and 95 ha (236 ac) of gardens and rights-of-way with native Linum arenicola, and Argythamnia rockland hammocks (Guerra 2015, pers. pine rocklands species, and restoring blodgettii, all four of which are found in comm.; Gil 2013b, pers. comm.). The isolated pine rocklands fragments. By this refuge complex. EEL Program also manages doing this, FTBG hopes to increase the approximately 314 ha (777 ac) of pine probability that pollination and seed Department of Defense Lands: The rocklands, and 639 ha (1,578 ac) of dispersal vectors can find and transport Sikes Act requires the DOD to develop tropical hardwood and rockland seeds and pollen across developed areas and implement integrated natural hammocks owned by the Miami-Dade that separate pine rocklands fragments resources management plans (INRMPs) County Parks, Recreation and Open to improve gene flow between for military installations across the Spaces Department, including some of fragmented plant populations and United States (see also Factor D the largest remaining areas of pine increase the likelihood that these plants discussion, below). INRMPs are rocklands habitat on the Miami Rock will persist over the long term. prepared in cooperation with the Ridge outside of ENP (e.g., Larry and Although these projects may serve as Service and State fish and wildlife Penny Thompson Park, Zoo Miami valuable components toward the agencies to ensure proper consideration pinelands, Navy Wells Pineland conservation of pine rocklands species of fish, wildlife, and habitat needs. The Preserve), and some of the largest and habitat, they are dependent on DOD has an approved INRMP for Key remaining areas of tropical hardwood continual funding, as well as West Naval Air Station (KWNAS) on and rockland hammocks (e.g., Matheson participation from private landowners, Boca Chica Key that includes measures Hammock Park, Castellow Hammock both of which may vary through time. that will protect and enhance Park, Deering Estate Park and National Wildlife Refuges: The Argythamnia blodgettii habitat, Preserves). National Wildlife Refuge System including nonnative species control Conservation efforts in Miami’s EEL Improvement Act of 1997 (16 U.S.C. (DOD 2014, p. 69). Furthermore, DOD is Preserves have been underway for many 668dd note) and the Fish and Wildlife currently preparing an INRMP for years. In Miami-Dade County, Service Manual (601 FW 3, 602 FW 3) Homestead Air Reserve Base (HARB) conservation lands are and have been require maintaining biological integrity and SOCSOUTH. A previous biological monitored by Fairchild Tropical Botanic and diversity, require comprehensive opinion (Service 2011, entire) required Garden (FTBG) and IRC, in coordination conservation planning for each refuge, SOCSOUTH to protect and manage 7.4 with the EEL Program, to assess habitat and set standards to ensure that all uses ha (18.3 ac) of pine rocklands habitat
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and 70,909 individuals of Linum to overutilization) are discussed under impacts from one or more identified arenicola (approximately 96 percent of Factor E, below. threats. In this section, we review the estimated onsite population) based existing Federal, State, and local Factor C. Disease or Predation on 2009 survey data. A conservation regulatory mechanisms to determine easement was established over the No diseases or incidences of whether they effectively reduce or protected areas, and DOD has provided predation have been reported for remove threats to Chamaecrista lineata funds for management of the site, Chamaesyce deltoidea ssp. serpyllum or var. keyensis, Chamaesyce deltoidea including fencing and nonnative species Argythamnia blodgettii. ssp. serpyllum, Linum arenicola, and control. Key deer are known to occasional Argythamnia blodgettii. browse plants indiscriminately, Summary of Factor A including Chamaecrista lineata var. Federal keyensis and Linum arenicola. Key deer We have identified a number of As Federal candidate species, the four do not appear to feed on Argythamnia threats to the habitat of Chamaecrista plants are afforded some protection blodgettii, probably due to potential lineata var. keyensis, Chamaesyce through sections 7 and 10 of the Act and toxicity (Hodges and Bradley 2006, p. deltoidea ssp. serpyllum, Linum associated policies and guidelines. 19). arenicola, and Argythamnia blodgettii Service policy requires that candidate Seed predation by an insect occurs in that have operated in the past, are species be treated as proposed species Chamaecrista lineata var. keyensis, and impacting these species now, and will for purposes of intra-Service seems to be exacerbated by habitat continue to impact them in the future. consultations and conferences where fragmentation. Individuals at the urban Habitat loss, fragmentation, and the Service’s actions may affect edge suffer higher insect seed predation degradation, and associated pressures candidate species. Other Federal action than those inside the forest (Liu and from increased human population, are agencies (e.g., NPS) are to consider the Koptur 2003, p. 1184). potential effects (e.g., prescribed fire, major threats; these threats are expected While seed predation and occasional pesticide treatments) to these plants and to continue, placing these plants at Key deer browsing may be a stressor, their habitat during the consultation and greater risk. All four plants may be they do not appear to rise to the level conference process. Applicants and impacted when pine rocklands are of threat at this time. Therefore, the best Federal action agencies are encouraged converted to other uses or when lack of available data do not indicate that to consider candidate species when fire causes the conversion to hardwood disease or predation is a threat to seeking incidental take for other listed hammocks or other unsuitable habitat Chamaecrista lineata var. keyensis or species and when developing habitat conditions. Any populations of these Linum arenicola. species found on private property could conservation plans. However, candidate be destroyed by development; the Factor D. The Inadequacy of Existing species do not receive the same level of limited pine rocklands, rockland Regulatory Mechanisms protection that a listed species does hammock, and coastal berm habitat on Under this factor, we examine under the Act. public lands can also be affected by whether threats to these plants are Populations of Argythamnia blodgettii development of recreational facilities or discussed under the other factors are within ENP are protected by NPS infrastructure projects. Although efforts continuing due to an inadequacy of an regulations at 36 CFR 2.1, which are being made to conserve publicly and existing regulatory mechanism. Section prohibit visitors from harming or privately owned natural areas and apply 4(b)(1)(A) of the Act requires the Service removing plants, listed or otherwise, prescribed fire, the long-term effects of to take into account ‘‘those efforts, if from ENP. However, the regulations do large-scale and wide-ranging habitat any, being made by any State or foreign not address actions taken by NPS that modification, destruction, and nation, or any political subdivision of a cause habitat loss or modification. curtailment will last into the future, State or foreign nation, to protect such As discussed above under Factor A, while ongoing habitat loss due to species.’’ In relation to Factor D under the CCPs for the Lower Florida Keys population growth, development, and the Act, we interpret this language to National Wildlife Refuge and the agricultural conversion continues to require the Service to consider relevant Crocodile Lake National Wildlife Refuge pose a threat. Therefore, based on the Federal, State, and tribal laws, provide for Chamaecrista lineata var. best information available, we have regulations, and other such mechanisms keyensis, Chamaesyce deltoidea ssp. determined that the threats to the four that may minimize any of the threats we serpyllum, Linum arenicola, and plants from habitat destruction, describe in threat analyses under the Argythamnia blodgettii. Linum modification, or curtailment are other four factors, or otherwise enhance arenicola occurs on DOD lands at HARB occurring throughout the entire range of conservation of the species. We give and SOCSOUTH. L. arenicola and A. the species and are expected to continue strongest weight to statutes and their blodgettii may occur on Federal lands into the future. implementing regulations and to within the Richmond Pine rocklands, including lands owned by the U.S. Factor B. Overutilization for management direction that stems from Coast Guard. Commercial, Recreational, Scientific, or those laws and regulations. Examples Educational Purposes are State governmental actions enforced As discussed under Factor A, above, under a State statute or constitution, the DOD has an approved INRMP for The best available data do not and Federal actions authorized by KWNAS on Boca Chica Key that indicate that overutilization for statute. includes measures that will protect and commercial, recreational, scientific, or Having evaluated the impact of the enhance Argythamnia blodgettii habitat, educational purposes is a threat to threats as mitigated by any such including nonnative species control Chamaecrista lineata var. keyensis, conservation efforts, we analyze under (DOD 2014, p. 69). Furthermore, as also Chamaesyce deltoidea ssp. serpyllum, Factor D the extent to which existing discussed above, DOD is currently Linum arenicola, or Argythamnia regulatory mechanisms are inadequate preparing an INRMP for HARB and blodgettii. Threats to these plants to address the specific threats to the SOCSOUTH, and a 2011 Service related to other aspects of recreation and species. Regulatory mechanisms, if they biological opinion requires SOCSOUTH similar human activities (i.e., not related exist, may reduce or eliminate the to protect and manage 7.4 ha (18.3 ac)
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of pine rocklands habitat and 70,909 section (8) waives State regulation for (3,000 ac) of habitat (Joyner 2013, pers. individuals of Linum arenicola. certain classes of activities for all comm.). However, certain populations of the species on the Index, including the Although the NFC program is four plants occur on State- or county- clearing or removal of regulated plants designed to protect rare and important owned properties, and development of for agricultural, forestry, mining, upland (non-wetlands) habitats in south these areas will likely require no construction (residential, commercial, Florida, the strategy has limitations. For Federal permit or other authorization. or infrastructure), and fire-control example, in certain circumstances Therefore, projects that affect the plants activities by a private landowner or his where landowners can demonstrate that on State- and county-owned lands do or her agent. limiting development to 20 percent (for not have Federal oversight, such as pine rocklands) or 10 percent (for complying with the National Local rockland hammock) does not allow for Environmental Policy Act (NEPA; 42 In 1984, section 24–49 of the Code of ‘‘reasonable use’’ of the property, U.S.C. 4321 et seq.), unless the project Miami-Dade County established additional development may be has a Federal nexus (Federal funding, regulation of County-designated NFCs. approved. Furthermore, Miami-Dade permits, or other authorizations). These regulations were placed on County Code provides for up to 100 Therefore, the four plants have no direct specific properties throughout the percent of the NFC to be developed in Federal regulatory protection in these County by an act of the Board of County limited circumstances for parcels less areas. Commissioners in an effort to protect than 2.02 ha (5 ac) in size and only environmentally sensitive forest lands. requires coordination with landowners State The Miami-Dade County RER has if they plan to develop property or Chamaecrista lineata var. keyensis, regulatory authority over these County- perform work within the NFC- Chamaesyce deltoidea ssp. serpyllum, designated NFCs and is charged with designated area. Therefore, many of the Linum arenicola, and Argythamnia enforcing regulations that provide existing private forested NFC parcels blodgettii are listed on the Regulated partial protection of remaining upland remain fragmented, without Plant Index (Index) as endangered under forested areas designated as NFC on the management obligations or preserve chapter 5B–40, Florida Administrative Miami Rock Ridge. NFC regulations are designation, as development has not Code. This listing provides little or no designed to prevent clearing or been proposed at a level that would habitat protection beyond the State’s destruction of native vegetation within trigger the NFC regulatory requirements. development of a regional impact preserved areas. Miami-Dade County Often, nonnative vegetation over time process, which discloses impacts from Code typically allows up to 20 percent begins to dominate and degrade the projects, but provides only limited of pine rocklands designated as NFC to undeveloped and unmanaged NFC regulatory protection for State-listed be developed, and requires that the landscape until it no longer meets the plants on private lands. remaining 80 percent be placed under a legal threshold of an NFC, which Florida Statutes 581.185 sections perpetual covenant. The code requires applies only to land dominated by (3)(a) and (3)(b) prohibit any person that no more than 10 percent of a native vegetation. When development of from willfully destroying or harvesting rockland hammock designated as NFC such degraded NFCs is proposed, any species listed as endangered or may be developed for properties greater Miami-Dade County Code requires threatened on the Index, or growing than 5 acres and that the remaining 90 delisting of the degraded areas as part of such a plant on the private land of percent be placed under a perpetual the development process. Property another, or on any public land, without covenant for preservation purposes previously designated as NFC is first obtaining the written permission of (Joyner 2013a, 2014, pers. comm.; Lima removed from the list even before the landowner and a permit from the 2014, pers. comm.). However, for development is initiated because of the Florida Department of Plant Industry. properties less than 5 acres, up to one- abundance of nonnative species, making The statute further provides that any half an acre may be cleared if the it no longer considered to be person willfully destroying or request is deemed a reasonable use of jurisdictional or subject to the NFC harvesting; transporting, carrying, or property; this allowance often may be protection requirements of Miami-Dade conveying on any public road or greater than 20 percent (for pine County Code (Grossenbacher 2013, pers. highway; or selling or offering for sale rocklands) or 10 percent (for rockland comm.). any plant listed in the Index as hammock) of the property (Lima 2014, endangered must have a permit from the pers. comm.). NFC landowners are also Summary of Factor D State at all times when engaged in any required to obtain an NFC permit for Currently, Chamaecrista lineata var. such activities. Further, Florida Statutes any work, including removal of keyensis, Chamaesyce deltoidea ssp. 581.185 section (10) provides for nonnatives within the boundaries of the serpyllum, Linum arenicola, and consultation similar to section 7 of the NFC on their property. When RER Argythamnia blodgettii are found on Act for listed species, by requiring the discovers unpermitted work, it takes Federal, State, and county lands; Department of Transportation to notify appropriate enforcement action and however, there is no regulatory the Florida Department of Agriculture seeks restoration when possible. The mechanism in place that provides and Consumer Services and the NFC program is responsible for ensuring substantive protection of habitat or Endangered Plant Advisory Council of that NFC permits are issued in protection of potentially suitable habitat planned highway construction at the accordance with the limitations and at this time. NPS and Service Refuge time bids are first advertised, to requirements of the county code and regulations provide protection at ENP facilitate evaluation of the project for that appropriate NFC preserves are and the Florida Keys Wildlife Refuge listed plant populations, and to provide established and maintained in Complex, respectively. The Act ‘‘for the appropriate disposal of such conjunction with the issuance of an provides some protection for candidate plants’’ (i.e., transplanting). NFC permit when development occurs. species on National Wildlife Refuges However, this statute provides no The NFC program currently regulates and during intra-Service section 7 substantive protection of habitat or approximately 600 pine rocklands or consultations. State regulations provide protection of potentially suitable habitat pine rocklands/hammock properties, protection against trade, but allow at this time. Florida Statutes 581.185 comprising approximately 1,200 ha private landowners or their agents to
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clear or remove species on the Florida south Florida (Service 1999, p. 3–175). (bishop wood), Syngonium Regulated Plant Index. State Park Neyraudia neyraudia (Burma reed) and podophyllum (American evergreen), regulations provide protection for plants Schinus terebinthifolius (Brazilian Jasminum fluminense (Brazilian within Florida State Parks. The NFC pepper) threaten all four species jasmine), Rubus niveus (mysore program in Miami is designed to protect (Bradley and Gann 1999, pp. 13, 72). S. raspberry), Nephrolepis brownii (Asian rare and important upland (non- terebinthifolius, a nonnative tree, is the swordfern), Schefflera actinophylla wetlands) habitats in south Florida; most widespread and one of the most (octopus tree), Jasminum dichotomum however, this regulatory strategy has invasive species. It forms dense thickets (Gold Coast jasmine), Epipremnum several limitations (as described above) of tangled, woody stems that completely pinnatum (centipede tongavine), and that reduce its ability to protect the four shade out and displace native vegetation Nephrolepis cordifolia (narrow plants and their habitats. (Loflin 1991, p. 19; Langeland and swordfern) (Possley 2013h–i, pers. Although many populations of the Craddock Burks 1998, p. 54). Acacia comm.). four plants are afforded some level of auriculiformis (earleaf acacia), Management of nonnative, invasive protection because they are on public Rhynchelytrum repens (natal grass), plants in pine rocklands and rockland conservation lands, existing regulatory Lantana camara (shrub verbena), and hammocks in Miami-Dade County is mechanisms have not led to a reduction Albizia lebbeck (tongue tree) are some of further complicated because the vast or removal of threats posed to these the other nonnative species in pine majority of pine rocklands and rockland plants by a wide array of sources (see rocklands. More species of nonnative hammocks are small, fragmented areas discussions under Factor A, above, and plants could become problems in the bordered by urban development. In the Factor E, below). future, such as Lygodium microphyllum Florida Keys, larger fragments are interspersed with development. Factor E. Other Natural or Manmade (Old World climbing fern), which is a Developed or unmanaged areas that Factors Affecting Its Continued serious threat throughout south Florida. contain nonnative species can act as a Existence Nonnative plants in pine rocklands can also affect the characteristics of a fire seed source for nonnatives, allowing Other natural or manmade factors when it does occur. Historically, pine them to continue to invade managed affect Chamaecrista lineata var. rocklands had an open, low understory pine rocklands or rockland hammocks keyensis, Chamaesyce deltoidea ssp. where natural fires remained patchy (Bradley and Gann 1999, p. 13). serpyllum, Linum arenicola, and with low temperature intensity, thus Nonnative plant species are also a Argythamnia blodgettii to varying sparing many native plants such as concern on private lands, where often degrees. Specific threats to these plants Chamaecrista lineata var. keyensis, these species are not controlled due to included in this factor consist of the Chamaesyce deltoidea ssp. serpyllum, associated costs, lack of interest, or lack spread of nonnative, invasive plants; of knowledge of detrimental impacts to Linum arenicola, and Argythamnia potentially incompatible management the ecosystem. Undiscovered blodgettii. Dense infestations of practices (such as mowing and populations of the four plants on private Neyraudia neyraudia and Schinus herbicide use); small population size lands could certainly be at risk. Overall, terebinthifolius cause higher fire and isolation; effects of pesticide active management is necessary to temperatures and longer burning spraying on pollinators; climate change control for nonnative species and to periods. With the presence of invasive, and sea level rise (SLR); and risks from protect unique and rare habitats where nonnative species, it is uncertain how environmental stochasticity (extreme the four plants occur (Snyder et al. fire, even under a managed situation, weather) on these small populations. 1990, p. 273). will affect these plants. Each of these threats and its specific At least 162 nonnative plant species Management of Roadsides and effect on these plants is discussed in Disturbed Areas detail below. are known to invade rockland hammocks; impacts are particularly All four plants occur in disturbed Nonnative Plant Species severe on the Miami Rock Ridge areas such as roadsides and areas that Nonnative, invasive plants compete (Service 1999, pp. 3–135). Nonnative formerly were pine rocklands. Linum with native plants for space, light, plant species have significantly affected arenicola is particularly vulnerable to water, and nutrients, and make habitat rockland hammocks where management practices in these areas conditions unsuitable for Chamaecrista Argythamnia blodgettii occurs and are because nearly all populations of the lineata var. keyensis, Chamaesyce considered one of the threats to the species are currently found on disturbed deltoidea ssp. serpyllum, Linum species (Snyder et al. 1990, p. 273; sites. The large L. arenicola population arenicola, and Argythamnia blodgettii, Hodges and Bradley 2006, p. 14). In at HARB and SOCSOUTH is located which prefer open conditions. Bradley many Miami-Dade County parks, largely in areas that are regularly and Gann (1999, pp. 13, 71–72) nonnative plant species comprise 50 mowed. Similarly, the small population indicated that the control of nonnative percent of the flora in hammock of L. arenicola at the Everglades Archery plants is one of the most important fragments (Service 1999, pp. 3–135). Range, which is owned by Miami-Dade conservation actions for these plants Horvitz (et al. 1998, p. 968) suggests the County and managed as a part of Camp and a critical part of habitat displacement of native species by Owaissa Bauer, is growing along the maintenance. nonnative species in conservation and edges of the unimproved perimeter road Nonnative plants have significantly preserve areas is a complex problem that is regularly mowed. Finally, the affected pine rocklands, and threaten all with serious impacts to biodiversity two populations of L. arenicola on canal occurrences of these four species to conservation, as management in these banks are subject to mowing, herbicide some degree (Bradley 2006, pp. 25–26; areas generally does not protect native treatments, and revegetation efforts Bradley and Gann 1999, pp. 18–19; species and ecological processes, as (sodding) (Bradley and van der Heiden Bradley and Saha 2009, p. 25; Bradley intended. Problematic nonnative, 2013, pp. 8–10). The population of and van der Heiden 2013, pp. 12–16). invasive plants associated with rockland Argythamnia blodgettii at Lignumvitae As a result of human activities, at least hammocks include Leucaena Key Botanical State Park grows around 277 taxa of nonnative plants have leucocephala (lead tree), Schinus the perimeter of the large lawn around invaded pine rocklands throughout terebinthifolius, Bischofia javanica the residence. Maintenance activities
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and encroachment of exotic lawn lower Florida Keys (Hodges and Bradley for the Florida leafwing (Anaea grasses are potential threats to this 2006, pp. 11–12, 19, 39). troglodyta floridalis) and Bartram’s population (Hodges and Bradley 2006, All populations of the four plants that scrub-hairstreak (Strymon acis bartrami) p. 14). At Windley Key State Park, A. occur on disturbed sites are vulnerable butterflies (79 FR 47180; August 12, blodgettii grows in two quarry bottoms. to regular maintenance activities such as 2014). This designation includes all In the first, larger quarry, to the east of mowing and herbicide applications, and pine rockland within NKDR where its the visitor center, plants apparently dumping. This includes portions of all sole larval host, Croton linearis, can persist only in natural areas not being populations of Chamaecrista lineata potentially occur. mowed. However, the majority of the var. keyensis and Chamaesyce deltoidea Since 2003, expanded larvicide plants are in the farthest quarry, which ssp. serpyllum, 10 of 12 Linum treatments to surrounding islands have is not mowed (Hodges and Bradley arenicola populations, and 5 of 34 significantly reduced adulticide use on 2006, p. 15). Argythamnia blodgettii populations. All Big Pine Key, No Name Key, and the While no studies have investigated roadside populations are also vulnerable Torch Keys. In addition, the number of the effect of mowing on the four plants, to infrastructure projects such as road aerially applied Naled treatments research has been conducted on the widening and installation of allowed on NKDR has been limited federally endangered Linum carteri var. underground cable, sewer, and water since 2008 (Florida Key Mosquito carteri (Carter’s small-flowered flax, a lines. Control District 2012, pp. 10–11). close relative of Linum arenicola that Designated ‘‘No spray zones’’ that Pesticide Effects on Pollinators also occurs in pine rocklands and include the core habitat used by pine disturbed sites). The study found Another potential anthropogenic rockland butterflies and several linear significantly higher densities of plants threat to the four plants is current miles of pine rocklands habitat within at the mown sites where competition application of insecticides throughout the Refuge-neighborhood interface are with other plants is decreased these plants’ ranges to control mosquito now excluded from truck spray (Maschinski and Walters 2007, p. 56). populations. Currently, an aerial applications (Anderson 2012, pers. However, plants growing on mown sites insecticide (1,2-dibromo-2,2- comm.; Service 2012, p. 32). These were shorter, which may affect fruiting dichloroethyl dimethyl phosphate) and exclusions and buffer zones encompass magnitude. While mowing did not ground insecticide (Permethrin) are over 95 percent of extant croton usually kill adult plants, if mowing applied during the May through distribution on Big Pine Key, and occurred prior to plants reaching November timeframe in many parts of include the majority of known recent reproductive status, it could delay south Florida. Nontarget effects of and historical Florida leafwing reproduction (Maschinski and Walters mosquito control may include the loss population centers on the island 2007, pp. 56–57). If such mowing occurs of pollinating insects upon which (Salvato 2012, pers. comm.). The area repeatedly, reproduction of those plants certain plants depend. largely coincides with the range of these would be entirely eliminated. If, Koptur and Liu (2003, p. 1184) four plants in the lower Florida Keys. instead, mowing occurs at least 3 weeks reported a decrease in Chamaecrista Therefore, the effects of mosquito after flowering, there would be a higher lineata var. keyensis pollinator activity control pesticide application on the probability of adults setting fruit prior to following mosquito spraying on Big pollinators of the four plants have been mowing; mowing may then act as a Pine Key. Mosquito spraying remains a minimized at NKDR. positive disturbance by both scattering factor on Big Pine Key, and its In summary, critical habitat seeds and reducing competition suppression of pollinator populations regulations for Bartram’s scrub- (Maschinski and Walters 2007, p. 57). may have a long-term impact on hairstreak butterfly and Florida leafwing The exact impacts of mowing thus reproduction rates. Extensive studies in have extended benefits to populations of depend on the timing of the mowing the Florida Keys suggest that broad these four plants and their pollinator event, rainfall prior to and following spectrum insecticides negatively affect guild by limiting mosquito insecticide mowing, and the numbers of plants in nontarget invertebrates, including activity in pine rocklands habitat in the the population that have reached a pollinators (Hennessey 1991; Eliazar Florida Keys. Nevertheless, we are reproductive state. and Emmel 1991; Kevan et al. 1997; proceeding cautiously and have Herbicide applications, the Salvato 2001; Bargar 2011; Hoang et al. initiated a multi-year research project to installation of sod, and dumping may 2011). In addition, pesticides have been further investigate the level of impact affect populations of the four plants that shown to drift into adjacent undisturbed pesticides have on these four plants and occur on roadsides, canals banks, and habitat that serves as a refuge for native their pollinators throughout their other disturbed sites. Signs of herbicide biota (Hennessey 1992; Pierce et al. ranges. application were noted at the site of the 2005; Zhong et al. 2010; Bargar 2011). Environmental Stochasticity Big Torch Key roadside population of These pesticides can be fatal to Linum arenicola in 2010 (Hodges 2010, nontarget invertebrates that move Endemic species whose populations p. 2). At the L–31 E canal site, plants of between urban and forest habitats, exhibit a high degree of isolation and L. arenicola were lost on the levee close altering ecological processes within narrow geographic distribution, such as to Card Sound Road due to the forest communities (Kevan and Chamaecrista lineata var. keyensis, installation of Bahia grass (Paspalum Plowright 1989, 1995; Liu and Koptur Chamaesyce deltoidea ssp. serpyllum, conjugatum) sod in recent years, an 2003). Linum arenicola, and Argythamnia activity associated with the installation Pesticide spraying practices by the blodgettii, are extremely susceptible to of new culverts. If similar projects are Monroe County Mosquito Control extinction from both random and planned, other erosion control measures District within NKDR have changed to nonrandom catastrophic natural or should be investigated that do not pose reduce pesticide use and limit human-caused events. Of the four a threat to L. arenicola (Bradley and Van insecticide drift into pine rocklands species, Argythamnia blodgettii is Der Heiden 2013, p. 10). Illegal habitat as a result of agreements probably less vulnerable because of the dumping of storm-generated trash after between the Service and Florida Keys larger number of sites where it occurs Hurricane Wilma had a large impact on Mosquito Control District (FKMCD) after throughout Miami-Dade and Monroe roadside populations of plants in the critical habitat was designated in 2014 Counties. Small populations of species,
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without positive growth rates, are local extirpations due to stochastic hurricane wind speeds are expected to considered to have a high extinction events. increase by 5 to 10 percent due to an risk from site-specific demographic and The Florida Keys were impacted by increase in available energy for intense environmental stochasticity (Lande three hurricanes in 2005: Katrina on storms. Increases in hurricane winds 1993, pp. 911–927). August 26, Rita on September 20, and can elevate the chances of damage to The climate of south Florida is driven Wilma on October 24. Hurricane Wilma existing canopy and increase storm by a combination of local, regional, and had the largest impact, with storm surge heights. global weather events and oscillations. surges flooding much of the landmass of All populations of the four plants are There are three main ‘‘seasons’’: (1) The the Keys. In some places, this water vulnerable to hurricane wind damage. wet season, which is hot, rainy, and impounded and sat for days. The Populations close to the coast and all humid from June through October; (2) vegetation in many areas was top-killed populations of the four plants in the the official hurricane season that due to salt water inundation (Hodges Florida Keys are vulnerable to extends one month beyond the wet and Bradley 2006, p. 9). Flooding kills inundation by storm surge. Historically, season (June 1 through November 30), plants that do not have adaptations to the four plant species may have with peak season being August and tolerate anoxic soil conditions that benefitted from more abundant and September; and (3) the dry season, persist after flooding; the flooding and contiguous habitat to buffer them from which is drier and cooler, from resulting high salinities might also storm events. The small size of many November through May. In the dry impact soil seed banks of the four plants populations of these plants makes them season, periodic surges of cool and dry (Bradley and Saha 2009, pp. 27–28). especially vulnerable, in which the loss continental air masses influence the After hurricane Wilma, the herb layer in of even a few individuals could reduce weather with short-duration rain events pine rocklands in close proximity to the the viability of a single population. The followed by long periods of dry weather. coast was brown with few plants having destruction and modification of native Florida is considered the most live material above ground (Bradley habitat, combined with small vulnerable State in the United States to 2006, p. 11). Subsequent surveys found population size, has likely contributed no Linum arenicola and little over time to the stress, decline, and, in hurricanes and tropical storms (Florida Chamaecrista lineata var. keyensis or some instances, extirpation of Climate Center, http://coaps.fsu.edu/ Chamaesyce deltoidea ssp. serpyllum in populations or local occurrences due to climate_center). Based on data gathered areas where they previously occurred. stochastic events. from 1856 to 2008, Klotzbach and Gray Not only did the storm surge kill the Due to the small size of some existing (2009, p. 28) calculated the vegetation, but many of the roadside populations of Chamaecrista lineata climatological probabilities for each areas were heavily disturbed by var. keyensis, Linum arenicola, and State being impacted by a hurricane or dumping and removal of storm debris Argythamnia blodgettii (see below) and major hurricane in all years over the (Bradley 2006, p. 37). Estimates of the the narrow geographic range of all four 152-year timespan. Of the coastal States population sizes pre- and post-Wilma plant species, their overall resilience to analyzed, Florida had the highest were calculated for Chamaesyce these factors is likely low. These factors, climatological probabilities, with a 51 deltoidea ssp. serpyllum and combined with additional stress from percent probability of a hurricane Chamaecrista lineata var. keyensis. habitat loss and modification (e.g., (Category 1 or 2) and a 21 percent Each declined in the months following inadequate fire management) may probability of a major hurricane the storm, by 41.2 percent and 48.0 increase the inherent risk of stochastic (Category 3 or higher). From 1856 to percent, respectively (Bradley and Saha events that impact these plants. For 2008, Florida experienced 109 2009, p. 2). L. arenicola was not found these reasons, all four plants are at risk hurricanes, 36 of which were at all in surveys 8 to 9 weeks after the of extirpation during extreme stochastic considered major hurricanes. Given the hurricane (Bradley 2006, p. 36). The events. Of the four species, few isolated populations and restricted Middle Torch Key population was Argythamnia blodgettii is probably less range of the four plants in locations extirpated after Hurricane Wilma, and vulnerable because of the larger number prone to storm influences (i.e., Miami- the population on Big Torch Key of sites where it occurs throughout Dade and Monroe Counties), they are at declined drastically, with only one Miami-Dade and Monroe Counties. substantial risk from hurricanes, storm individual located. Both of these areas Small Population Size and Isolation surges, and other extreme weather were heavily affected by storm surges events. during Hurricane Wilma (Hodges 2010, Endemic species whose populations Hurricanes, storm surge, and extreme p. 2). As of 2013, populations of exhibit a high degree of isolation are high tide events are natural events that Chamaecrista lineata var. keyensis, extremely susceptible to extinction from can pose a threat to the four plants. Chamaesyce deltoidea ssp. serpyllum, both random and nonrandom Hurricanes and tropical storms can and L. arenicola in the Florida Keys catastrophic natural or human-caused modify habitat (e.g., through storm have not returned to pre-Hurricane events. Species that are restricted to surge) and have the potential to destroy Wilma levels (Bradley et al. 2015, pp. geographically limited areas are entire populations. Climate change may 21, 25, 29). inherently more vulnerable to extinction lead to increased frequency and Some climate change models predict than widespread species because of the duration of severe storms (Golladay et increased frequency and duration of increased risk of genetic bottlenecks, al. 2004, p. 504; McLaughlin et al. 2002, severe storms, including hurricanes and random demographic fluctuations, p. 6074; Cook et al. 2004, p. 1015). The tropical storms (McLaughlin et al. 2002, climate change, and localized four plants experienced these p. 6074; Cook et al. 2004, p. 1015; catastrophes such as hurricanes and disturbances historically, but had the Golladay et al. 2004, p. 504). Other disease outbreaks (Mangel and Tier benefit of more abundant and models predict hurricane and tropical 1994, p. 607; Pimm et al. 1998, p. 757). contiguous habitat to buffer them from storm frequencies in the Atlantic are These problems are further magnified extirpations. With most of the historical expected to decrease between 10 and 30 when populations are few and restricted habitat having been destroyed or percent by 2100 (Knutson et al. 2008, to a very small geographic area, and modified, the few remaining pp. 1–21). For those models that predict when the number of individuals is very populations of these plants could face fewer hurricanes, predictions of small. Populations with these
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characteristics face an increased 2013, p. 1450). The term ‘‘climate stabilize or decline. Thus, there is strong likelihood of stochastic extinction due change’’ thus refers to a change in the scientific support for projections that to changes in demography, the mean or variability of one or more warming will continue through the 21st environment, genetics, or other factors measures of climate (e.g., temperature or century, and that the magnitude and (Gilpin and Soule 1986, pp. 24–34). precipitation) that persists for an rate of change will be influenced Small, isolated populations often extended period, typically decades or substantially by the extent of GHG exhibit reduced levels of genetic longer, whether the change is due to emissions (IPCC 2007a, pp. 44–45; variability, which diminishes the natural variability, human activity, or Meehl et al. 2007, pp. 760–764, 797– species’ capacity to adapt and respond both (IPCC 2013, p. 1450). A recent 811; Ganguly et al. 2009, pp. 15555– to environmental changes, thereby compilation of climate change and its 15558; Prinn et al. 2011, pp. 527, 529). decreasing the probability of long-term effects is available from IPCC reports (See IPCC 2007b, p. 8, for a summary of persistence (e.g., Barrett and Kohn 1991, (IPCC 2013, entire). other global projections of climate- p. 4; Newman and Pilson 1997, p. 361). Scientific measurements spanning related changes, such as frequency of Very small plant populations may several decades demonstrate that heat waves and changes in experience reduced reproductive vigor changes in climate are occurring, and precipitation. Also see IPCC 2011 due to ineffective pollination or that the rate of change has been faster (entire) for a summary of observations inbreeding depression. Isolated since the 1950s. Examples include and projections of extreme climate individuals have difficulty achieving warming of the global climate system, events.) natural pollen exchange, which limits and substantial increases in Various changes in climate may have the production of viable seed. The precipitation in some regions of the direct or indirect effects on species. problems associated with small world and decreases in other regions. These effects may be positive, neutral, population size and vulnerability to (For these and other examples, see IPCC or negative, and they may change over random demographic fluctuations or 2007a, p. 30; Solomon et al. 2007, pp. time, depending on the species and natural catastrophes are further 35–54, 82–85). Results of scientific other relevant considerations, such as magnified by synergistic interactions analyses presented by the IPCC show interactions of climate with other with other threats, such as those that most of the observed increase in variables (e.g., habitat fragmentation) discussed above (see Factors A and C). global average temperature since the (IPCC 2007, pp. 8–14, 18–19). Chamaecrista lineata var. keyensis mid-20th century cannot be explained Identifying likely effects often involves and Chamaesyce deltoidea ssp. by natural variability in climate, and is aspects of climate change vulnerability serpyllum both have large populations ‘‘very likely’’ (defined by the IPCC as 90 analysis. Vulnerability refers to the on Big Pine Key. The other extant percent or higher probability) due to the degree to which a species (or system) is occurrence of Chamaecrista lineata var. observed increase in greenhouse gas susceptible to, and unable to cope with, keyensis in the Florida Keys, on Cudjoe (GHG) concentrations in the atmosphere adverse effects of climate change, Key, is small. Five out of 12 extant as a result of human activities, including climate variability and Linum arenicola populations, and 20 of particularly carbon dioxide emissions extremes. Vulnerability is a function of 34 Argythamnia blodgettii populations, from use of fossil fuels (IPCC 2007a, pp. the type, magnitude, and rate of climate have fewer than 100 individuals. These 5–6 and figures SPM.3 and SPM.4; change and variation to which a species small populations are at risk of adverse Solomon et al. 2007, pp. 21–35). Further is exposed, its sensitivity, and its effects from reduced genetic variation, confirmation of the role of GHGs comes adaptive capacity (IPCC 2007a, p. 89; an increased risk of inbreeding from analyses by Huber and Knutti see also Glick et al. 2011, pp. 19–22). depression, and reduced reproductive (2011, p. 4), who concluded it is There is no single method for output. Many of these populations are extremely likely that approximately 75 conducting such analyses that applies to small and isolated from each other, percent of global warming since 1950 all situations (Glick et al. 2011, p. 3). We decreasing the likelihood that they has been caused by human activities. use our expert judgment and could be naturally reestablished in the Scientists use a variety of climate appropriate analytical approaches to event that extinction from one location models, which include consideration of weigh relevant information, including would occur. Argythamnia blodgettii is natural processes and variability, as uncertainty, in our consideration of the only one of the four plants species well as various scenarios of potential various aspects of climate change. that occurs in ENP, where a population levels and timing of GHG emissions, to As is the case with all stressors that of over 2,000 plants is stable and evaluate the causes of changes already we assess, even if we conclude that a prescribed fire and other management observed and to project future changes species is currently affected or is likely activities that benefit A. blodgettii are in temperature and other climate to be affected in a negative way by one conducted on a regular basis. conditions (e.g., Meehl et al. 2007, or more climate-related impacts, it does entire; Ganguly et al. 2009, pp. 11555, not necessarily follow that the species Climate Change and Sea Level Rise 15558; Prinn et al. 2011, pp. 527, 529). meets the definition of an ‘‘endangered Climatic changes, including sea level All combinations of models and species’’ or a ‘‘threatened species’’ rise (SLR), are occurring in the State of emissions scenarios yield very similar under the Act. If a species is listed as Florida and are impacting associated projections of increases in the most endangered or threatened, knowledge plants, animals, and habitats. Our common measure of climate change, regarding the vulnerability of the analyses under the Act include average global surface temperature species to, and known or anticipated consideration of ongoing and projected (commonly known as global warming), impacts from, climate-associated changes in climate. The term ‘‘climate,’’ until about 2030. Although projections changes in environmental conditions as defined by the Intergovernmental of the magnitude and rate of warming can be used to help devise appropriate Panel on Climate Change (IPCC), refers differ after about 2030, the overall strategies for its recovery. to the mean and variability of different trajectory of all the projections is one of Global climate projections are types of weather conditions over time, increased global warming through the informative, and, in some cases, the with 30 years being a typical period for end of this century, even for the only or the best scientific information such measurements, although shorter or projections based on scenarios that available for us to use. However, longer periods also may be used (IPCC assume that GHG emissions will projected changes in climate and related
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impacts can vary substantially across Subsequent to the 2007 IPCC Report, mangrove wetlands will be unable to and within different regions of the the scientific community has continued keep up with or offset SLR of 0.61 m world (e.g., IPCC 2007a, pp. 8–12). to model SLR. Recent peer-reviewed (2.0 ft) per century or greater. With a Therefore, we use ‘‘downscaled’’ publications indicate a movement 1.52 m (5.0 ft) rise, Miami-Dade County projections when they are available and toward increased acceleration of SLR. will be extremely diminished (Wanless have been developed through Observed SLR rates are already trending et al. 2008, pp. 3–4). appropriate scientific procedures, along the higher end of the 2007 IPCC SLR projections from various because such projections provide higher estimates, and it is now widely held that scenarios have been downscaled by resolution information that is more SLR will exceed the levels projected by TNC (2011, entire) and Zhang et al. relevant to spatial scales used for the IPCC (Rahmstorf et al. 2012, p. 1; (2011, entire) for the Florida Keys. analyses of a given species (see Glick et Grinsted et al. 2010, p. 470). Taken Using the IPCC best-case, low-pollution al. 2011, pp. 58–61, for a discussion of together, these studies support the use scenario, a rise of 18 cm (7 in) (a rate downscaling). of higher end estimates now prevalent close to the historical average reported With regard to our analysis for in the scientific literature. Recent above) would result in the inundation of Chamaecrista lineata var. keyensis, studies have estimated global mean SLR 23,796 ha (58,800 acres) or 38.2 percent Chamaesyce deltoidea ssp. serpyllum, of 1.0–2.0 m (3.3–6.6 ft) by 2100 as of the Florida Keys upland area by the Linum arenicola, and Argythamnia follows: 0.75–1.90 m (2.50–6.20 ft; year 2100 (TNC 2011, p. 25). Under the blodgettii, downscaled projections Vermeer and Rahmstorf 2009, p. 21530); IPCC worst-case, high-pollution suggest that SLR is the largest climate- 0.8–2.0 m (2.6–6.6 ft; Pfeffer et al. 2008, scenario, a rise of 59 cm (23.2 in) would driven challenge to low-lying coastal p. 1342); 0.9–1.3 m (3.0–4.3 ft; Grinsted result in the inundation of 46,539 ha areas in the subtropical ecoregion of et al. 2010, pp. 469–470); 0.6–1.6 m (115,000 acres) or 74.7 percent of the southern Florida (U.S. Climate Change (2.0–5.2 ft; Jevrejeva et al. 2010, p. 4); Florida Keys upland area by the year Science Program (USCCSP) 2008, pp. 5– and 0.5–1.4 m (1.6–4.6 ft; National 2100 (TNC 2011, p. 25). Using 31, 5–32). All populations of the four Research Council 2012, p. 2). Rahmstorf et al.’s (2007; p. 368) SLR plants occur at elevations from 2.83– projections of 100 to 140 cm, 80.5 to Other processes expected to be 4.14 meters (m) (9.29–13.57 feet (ft)) 92.2 percent of the Florida Keys land affected by projected warming include above sea level, making these plants area would be inundated by 2100. The temperatures, rainfall (amount, seasonal highly susceptible to increased storm Zhang et al. (2011, p. 136) study models timing, and distribution), and storms surges and related impacts associated SLR up to 1.8 m (5.9 ft) for the Florida with SLR. (frequency and intensity) (see Keys, which would inundate 93.6 We acknowledge that the drivers of ‘‘Environmental Stochasticity’’, above). percent of the current land area of the SLR (especially contributions of melting Models where sea surface temperatures Keys. glaciers) are not completely understood, are increasing also show a higher Prior to inundations from SLR, there and there is uncertainty with regard to probability of more intense storms will likely be habitat transitions related the rate and amount of SLR. This (Maschinski et al. 2011, p. 148). The to climate change, including changes to uncertainty increases as projections are Massachusetts Institute of Technology hydrology and increasing vulnerability made further into the future. For this (MIT) modeled several scenarios to storm surge. Hydrology has a strong reason, we examine threats to the combining various levels of SLR, influence on plant distribution in species within the range of projections temperature change, and precipitation coastal areas (IPCC 2008, p. 57). Such found in recent climate change differences with human population communities typically grade from salt to literature. growth, policy assumptions, and brackish to freshwater species. From the The long-term record at Key West conservation funding changes. All of the 1930s to 1950s, increased salinity shows that sea level rose on average scenarios, from small climate change contributed to the decline of cabbage 0.229 cm (0.090 in) annually between shifts to major changes, indicate palm forests in southwest Florida 1913 and 2013 (National Oceanographic significant effects on coastal Miami- (Williams et al. 1999, pp. 2056–2059), and Atmospheric Administration Dade County. The Science and expansion of mangroves into adjacent (NOAA) 2013, p. 1). This equates to Technology Committee of the Miami- marshes in the Everglades (Ross et al. approximately 22.9 cm (9.02 in) over the Dade County Climate Change Task 2000, pp. 101, 111), and loss of pine last 100 years. IPCC (2008, p. 28) Force (Wanless et al. 2008, p. 1) rocklands in the Keys (Ross et al. 1994, emphasized it is very likely that the recognize that significant SLR is a pp. 144, 151–155). In Florida, pine average rate of SLR during the 21st serious concern for Miami-Dade County rocklands transition into rockland century will exceed the historical rate. in the near future. In a January 2008 hammocks, and, as such, these habitat The IPCC Special Report on Emission statement, the committee warned that types are closely associated in the Scenarios (2000, entire) presented a sea level is expected to rise at least 0.9– landscape. A study conducted in one range of scenarios based on the 1.5 m (3.0–5.0 ft) within this century pine rocklands location on Sugar Loaf computed amount of change in the (Wanless et al. 2008, p. 3). With a 0.9– Key (with an average elevation of 0.89 climate system due to various potential 1.2 m (3.0–4.0 ft) rise in sea level (above m (2.90 ft)) found an approximately 65 amounts of anthropogenic greenhouse baseline) in Miami-Dade County, spring percent reduction in an area occupied gases and aerosols in 2100. Each high tides would be at about 1.83–2.13 by South Florida slash pine over a 70- scenario describes a future world with m (6.0–7.0 ft); freshwater resources year period, with pine mortality and varying levels of atmospheric pollution would be gone; the Everglades would be subsequent increased proportions of leading to corresponding levels of global inundated on the west side of Miami- halophytic (salt-loving) plants occurring warming and corresponding levels of Dade County; the barrier islands would earlier at the lower elevations (Ross et SLR. The IPCC Synthesis Report (2007, be largely inundated; storm surges al. 1994, pp. 149–152). During this same entire) provided an integrated view of would be devastating to coastal habitat time span, local sea level had risen by climate change and presented updated and associated species; and landfill sites 15 cm (6 in), and Ross et al. (1994, p. projections of future climate change and would be exposed to erosion, 152) found evidence of groundwater and related impacts under different contaminating marine and coastal soil water salinization. Extrapolating scenarios. environments. Freshwater and coastal this situation to hardwood hammocks is
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not straightforward, but it suggests that for these species to disperse to suitable most areas of Big Pine Key that support changes in rockland hammock species habitat once existing sites that support Chamaesyce deltoidea var. serpyllum, composition may not be an issue in the them are lost to SLR. Patterns of and reduce the Key to three to five immediate future (5–10 years); however, development will also likely be much smaller islands. The remaining over the long term (within the next 10– significant factors influencing whether uplands would likely transition to 50 years), it may be an issue if current natural communities can move and buttonwoods and saltmarshes, and projections of SLR occur and freshwater persist (IPCC 2008, p. 57; CCSP 2008, would be extremely vulnerable to storm inputs are not sufficient to maintain pp. 7–6). The plant species face surge. This will further reduce and high humidities and prevent changes in significant risks from coastal squeeze fragment the population. A 1.8-m (6-ft) existing canopy species through that occurs when habitat is pressed rise would completely inundate all salinization (Saha et al. 2011, pp. 22– between rising sea levels and coastal areas that support C. deltoidea var. 25). Ross et al. (2009, pp. 471–478) development that prevents landward serpyllum and eliminate all pine suggested that interactions between SLR migration of species. The ultimate effect rocklands habitat within the historic and pulse disturbances (e.g., storm of these impacts is likely to result in range of the species. surges) can cause vegetation to change reductions in reproduction and survival, Linum arenicola: In Miami-Dade sooner than projected based on sea level with corresponding decreases in County, a 0.91-m (3-ft) rise would alone. population numbers. inundate the area that supports a large Impacts from climate change Saha (et al. 2011, p. 4) suggested that extant population of Linum arenicola including regional SLR have been the rising water table accompanying along L–31E canal. While other areas studied for coastal hammocks but not SLR will shrink the vadose zone (the that support the species are located in rockland hammock habitat. Saha (et al. area which extends from the top of the higher elevation areas along the coastal 2011, pp. 24–25) conducted a risk ground surface to the water table); ridge, changes in the salinity of the assessment on rare plant species in ENP increase salinity in the bottom portion water table and soils, along with and found that impacts from SLR have of the freshwater lens, thereby additional vegetation shifts in the significant effects on imperiled taxa. increasing brackishness of plant- region, are likely. Remaining uplands This study also predicted a decline in available water; and influence tree may transition to wetter, more salt- the extent of coastal hammocks with species composition of coastal tolerant plant communities. This will initial SLR, coupled with a reduction in hardwood hammocks based upon further reduce and fragment the freshwater recharge volume and an species-level tolerance to salinity or populations. A 1.8-m (6-ft) rise would increase in pore water (water filling drought or both. Evidence of population inundate portions of the largest known spaces between grains of sediment) declines and shifts in rare plant population (HARB), as well the salinity, which will push hardwood communities, along with multi-trophic population along L–31E canal. The areas species to the edge of their drought effects, already have been documented that support Linum arenicola at the (freshwater shortage and physiological) on the low-elevation islands of the Richmond pinelands to the north would tolerance, jeopardizing critically Florida Keys (Maschinski et al. 2011, p. not be inundated, but pine rocklands in imperiled or endemic species, or both, 148). these areas may be reduced through with possible extirpation. In south Direct losses to extant populations of transition to wetter, more salt-tolerant Florida, SLR of 1–2 m (3.3–6.6 ft) is all four plants are expected due to plant communities, as discussed above. estimated by 2100, which is on the habitat loss and modification from SLR In the Florida Keys, a 0.91-m (3-ft) higher end of global estimates for SLR. by 2100. We analyzed existing sites that rise would inundate most areas of Big These projected increases in sea level support populations of the four plants Pine Key and Lower Sugarloaf Key, and pose a threat to coastal plant using the National Oceanic and all of the areas on Upper Sugarloaf Key communities and habitats from Atmospheric Administration (NOAA) and Big Torch Key, that support Linum mangroves at sea level to salinity- Sea Level Rise and Coastal Impacts arenicola, and reduce these Keys to intolerant, coastal rockland hammocks viewer. Below, we discuss general numerous much smaller islands. The where elevations are generally less than implications of sea level rise within the remaining uplands on these small 2.0 m (6.1 ft) above sea level (Saha et al. range of projections discussed above on islands would likely transition to 2011, p. 2). Loss or degradation of these the current distribution of these species. buttonwoods and saltmarshes, and habitats can be a direct result of SLR or The NOAA tool uses 1-foot increments, would be extremely vulnerable to in combination of several other factors, so the analysis is based on 0.91 m (3 ft) further losses due to storm surge. This including diversion of freshwater flow, and 1.8 m (6 ft). would further reduce and fragment the hurricanes, and exotic plant species Chamaecrista lineata var. keyensis: A populations. A 1.8-m (6-ft) rise would infestations, which can ultimately pose 0.91-m (3-ft) rise would inundate most completely inundate all areas that a threat to rare plant populations (Saha areas of Big Pine Key, and all areas of support Linum arenicola in the Florida et al. 2011, p. 24). Cudjoe Key, that support Chamaecrista Keys and eliminate all pine rocklands Habitats for these species are lineata var. keyensis, and reduce both habitat within the historic range of the restricted to relatively immobile Keys to several much smaller islands. species in Monroe County. geologic features separated by large The remaining uplands on these islands Argythamnia blodgettii: In Miami- expanses of flooded, inhospitable would likely transition to buttonwoods Dade County, a 0.91-m (3-ft) rise would wetland or ocean, leading us to and saltmarshes, and would be not inundate any extant populations of conclude that these habitats will likely extremely vulnerable to storm surge. Argythamnia blodgettii because these not be able to migrate as sea level rises This will further reduce and fragment habitats are located in higher elevation (Saha et al. 2011, pp. 103–104). Because these populations. A 1.8-m (6-ft) rise areas along the coastal ridge. However, of the extreme fragmentation of would completely inundate all areas changes in the salinity of the water table remaining habitat and isolation of that support C. lineata var. keyensis and and soils, along with additional remaining populations, and the eliminate all pine rocklands habitat vegetation shifts in the region, are accelerating rate at which SLR is within the historic range of the species. likely. Remaining uplands may likely projected to occur (Grinsted et al. 2010, Chamaesyce deltoidea var. serpyllum: transition to wetter, more salt-tolerant p. 470), it will be particularly difficult A 0.91-m (3-ft) rise would inundate plant communities. This will further
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reduce and fragment the populations. A from hurricanes and storm surge act stochastic events (Factor E) remain 1.8-m (6-ft) rise would inundate together to impact populations of all threats for existing populations. Existing portions of Crandon Park, making it four plants. Some of these threats (e.g., regulatory mechanisms have not led to unsuitable for A. blodgettii. Other areas nonnative species) may be reduced on a reduction or removal of threats posed that support A. blodgettii, including the public lands due to active programs by to the four plants from these factors (see Richmond pinelands to the north, and Federal, State, and county land Factor D discussion, above). These Long Pine Key in ENP, would not be managers. Many of the remaining threats are ongoing, rangewide, and inundated, but habitats in these areas populations of these plants are small expected to continue in the future. A may be reduced through transition to and geographically isolated, and genetic significant percentage of populations of wetter, more salt-tolerant plant variability is likely low, increasing the Chamaecrista lineata var. keyensis, communities, as discussed above. inherent risk due to overall low Linum arenicola, and Argythamnia In the Florida Keys, a 0.91-m (3-ft) resilience of these plants. blodgettii are relatively small and rise would reduce the area of islands in isolated from one another, and their Cumulative Effects of Threats the upper Keys, but extant populations ability to recolonize suitable habitat is on Key Largo, Windley Key, and When two or more threats affect unlikely without human intervention, if Lignumvitae Key are less vulnerable populations of the four plants, the at all. The threats have had and will than the Middle and Lower Keys, which effects of those threats could interact or continue to have substantial adverse are at lower elevations. Lower become compounded, producing a effects on the four plants and their Matecumbe Key, Plantation Key, Vaca cumulative adverse effect that is greater habitats. Although attempts are ongoing Key, Big Pine Key, and Big Munson than the impact of either threat alone. to alleviate or minimize some of these Island would be fragmented and The most obvious cases in which threats at certain locations, all reduced to numerous much smaller cumulative adverse effects would be populations appear to be impacted by islands. The remaining uplands on these significant are those in which small one or more threats. small islands would likely transition to populations (Factor E) are affected by The Act defines an endangered buttonwoods and saltmarshes, and threats that result in destruction or species as ‘‘any species which is in would be extremely vulnerable further modification of habitat (Factor A). The danger of extinction throughout all or a losses to storm surge. This would limited distributions and small significant portion of its range’’ and a further reduce and fragment the population sizes of many populations of threatened species as ‘‘any species populations. A 1.8–m (6–ft) rise would the four plants make them extremely which is likely to become an completely inundate all areas that susceptible to the detrimental effects of endangered species within the support Argythamnia blodgettii south of further habitat modification, foreseeable future throughout all or a Lignumvitae Key. Key Largo, Windley degradation, and loss, as well as other significant portion of its range.’’ As Key, and Lignumvitae Key are the only anthropogenic threats. Mechanisms described in detail above, Chamaecrista existing areas supporting extant leading to the decline of the four plants, lineata var. keyensis, Chamaesyce populations that could continue to as discussed above, range from local deltoidea ssp. serpyllum, and Linum support a population given a 1.8-m (6- (e.g., agriculture) to regional (e.g., arenicola are currently at risk ft) sea level rise. development, fragmentation, nonnative throughout all of their range due to the species) to global (e.g., climate change, immediacy, severity, significance, Conservation Efforts To Reduce Other SLR) influences. The synergistic effects timing, and scope of those threats. Natural or Manmade Factors Affecting of threats, such as impacts from Impacts from these threats are ongoing Its Continued Existence hurricanes on a species with a limited and increasing; singly or in NPS, the Service, Miami-Dade distribution and small populations, combination, these threats place these County, and the State of Florida have make it difficult to predict population three plants in danger of extinction. The ongoing nonnative plant management viability. While these stressors may act risk of extinction is high because the programs to reduce threats on public in isolation, it is more probable that populations are small, are isolated, and lands, as funding and resources allow. many stressors are acting have limited to no potential for In Miami-Dade County, nonnative, simultaneously (or in combination) on recolonization. Numerous threats are invasive plant management is very populations of these four plants, making currently ongoing and are likely to active, with a goal to treat all publicly them more vulnerable. continue in the foreseeable future, at a owned properties at least once a year Determination high intensity and across the entire and more often in many cases. IRC and range of these plants. Furthermore, FTBG conduct research and monitoring We have carefully assessed the best natural stochastic events and changes in in various natural areas within Miami- scientific and commercial data available climatic conditions pose a threat to the Dade County and the Florida Keys for regarding the past, present, and future persistence of these plants, especially in various endangered plant species and threats to Chamaecrista lineata var. light of the fact these events cannot be nonnative, invasive species. keyensis, Chamaesyce deltoidea ssp. controlled and mitigation measures serpyllum, Linum arenicola, and have yet to be addressed. Individually Summary of Factor E Argythamnia blodgettii. Numerous and collectively, all these threats can We have analyzed threats from other populations of all four plants have been contribute to the local extirpation and natural or manmade factors including: extirpated from these species’ historical potential extinction of these plant Nonnative, invasive plants; management ranges, and the primary threats of species. Because these threats are practices used on roadsides and habitat destruction and modification placing them in danger of extinction disturbed sites (such as mowing, resulting from human population throughout their ranges, we have sodding, and herbicide use); pesticide growth and development, agricultural determined that each of these three spraying and its effects on pollinators; conversion, and inadequate fire plants meets the definition of an environmental stochasticity; effects management (Factor A); competition endangered species throughout their from small population size and from nonnative, invasive species (Factor ranges. isolation; and the effects of climate E); changes in climatic conditions, Throughout its range, Argythamnia change, including SLR. The related risks including SLR (Factor E); and natural blodgettii faces threats similar to the
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other three plant species that are the species and because the threats are provide estimates of the cost of subjects of this rule. However, we find occurring rangewide, are ongoing, and implementing recovery tasks. Recovery that endangered species status is not are expected to continue into the future. teams (composed of species experts, appropriate for A. blodgettii. While we We find that A. blodgettii is likely to Federal and State agencies, have evidence of threats under Factors become an endangered species within nongovernmental organizations, and A, D, and E affecting the species, the foreseeable future throughout all or stakeholders) are often established to insufficient data are available to identify a significant portion of its range, and we develop recovery plans. If these four the trends in extant populations. list the species as a threatened species plant species are listed, a recovery Twenty populations are extant, 15 are in accordance with sections 3(20) and outline, draft recovery plan, and the extirpated, and we are uncertain of the 4(a)(1) of the Act. final recovery plan will be available on status of 15 populations that have not our Web site (http://www.fws.gov/ Available Conservation Measures been surveyed in 15 years or more. endangered), or from our South Florida Additionally, data show that the threat Conservation measures provided to Ecological Services Field Office (see FOR of habitat loss from sea level rise is not species listed as endangered or FURTHER INFORMATION CONTACT). as severe for this species. Also, A. threatened under the Act include Implementation of recovery actions blodgettii is likely less vulnerable recognition, recovery actions, generally requires the participation of a because of the larger number of sites requirements for Federal protection, and broad range of partners, including other where it occurs throughout Miami-Dade prohibitions against certain practices. Federal agencies, States, Tribes, and Monroe Counties. Further, A. Recognition through listing results in nongovernmental organizations, blodgettii is the only one of the four public awareness, and conservation by businesses, and private landowners. plants species that occurs in ENP, where Federal, State, Tribal, and local Examples of recovery actions include a population of over 2,000 plants is agencies; private organizations; and habitat restoration (e.g., restoration of stable and where prescribed fire and individuals. The Act encourages native vegetation), research, captive other management activities that benefit cooperation with the States and other propagation and reintroduction, and A. blodgettii are conducted on a regular countries and calls for recovery actions outreach and education. The recovery of basis. Therefore, based on the best to be carried out for listed species. The many listed species cannot be available information, protection required by Federal agencies accomplished solely on Federal lands and the prohibitions against certain because their range may occur primarily Significant Portion of the Range (SPR) activities are discussed, in part, below. or solely on non-Federal lands. To Under the Act and our implementing The primary purpose of the Act is the achieve recovery of these species regulations, a species may warrant conservation of endangered and requires cooperative conservation efforts listing if it is endangered or threatened threatened species and the ecosystems on private, State, and Tribal lands. If throughout all or a significant portion of upon which they depend. The ultimate these four plant species are listed, its range. The threats to the survival of goal of such conservation efforts is the funding for recovery actions will be Chamaecrista lineata var. keyensis, recovery of these listed species, so that available from a variety of sources, Chamaesyce deltoidea ssp. serpyllum, they no longer need the protective including Federal budgets, State Linum arenicola, and Argythamnia measures of the Act. Subsection 4(f) of programs, and cost share grants for non- blodgettii occur throughout these the Act calls for the Service to develop Federal landowners, the academic species’ ranges and are not restricted to and implement recovery plans for the community, and nongovernmental any particular significant portion of conservation of endangered and organizations. In addition, pursuant to those ranges. Accordingly, our threatened species. The recovery section 6 of the Act, the State of Florida assessment and determination applies to planning process involves the would be eligible for Federal funds to each of the four plants throughout its identification of actions that are implement management actions that entire range. Because we have necessary to halt or reverse the species’ promote the protection or recovery of determined that Chamaecrista lineata decline by addressing the threats to its the four plants. Information on our grant var. keyensis, Chamaesyce deltoidea survival and recovery. The goal of this programs that are available to aid ssp. serpyllum, and Linum arenicola process is to restore listed species to a species recovery can be found at: http:// meet the definition of endangered point where they are secure, self- www.fws.gov/grants. species, and Argythamnia blodgettii sustaining, and functioning components Please let us know if you are meets the definition of a threatened of their ecosystems. interested in participating in recovery species, throughout their ranges, no Recovery planning includes the efforts for Chamaecrista lineata var. portion of their ranges can be development of a recovery outline keyensis, Chamaesyce deltoidea ssp. ‘‘significant’’ for purposes of the shortly after a species is listed and serpyllum, Linum arenicola, and definitions of ‘‘endangered species’’ and preparation of a draft and final recovery Argythamnia blodgettii. Additionally, ‘‘threatened species.’’ See the Service’s plan. The recovery outline guides the we invite you to submit any new SPR Policy (79 FR 37578; July 1, 2014). immediate implementation of urgent information on these plants whenever it Therefore, on the basis of the best recovery actions and describes the becomes available and any information available scientific and commercial process to be used to develop a recovery you may have for recovery planning information, we list Chamaecrista plan. Revisions of the plan may be done purposes (see FOR FURTHER INFORMATION lineata var. keyensis, Chamaesyce to address continuing or new threats to CONTACT). deltoidea ssp. serpyllum, and Linum the species, as new substantive Section 7(a) of the Act requires arenicola as endangered species in information becomes available. The Federal agencies to evaluate their accordance with sections 3(6) and recovery plan also identifies recovery actions with respect to any species that 4(a)(1) of the Act. We find that criteria for review of when a species is listed as an endangered or threatened threatened species status is not may be ready for downlisting or species and with respect to its critical appropriate for Chamaecrista lineata delisting, and methods for monitoring habitat, if any is designated. Regulations var. keyensis, Chamaesyce deltoidea recovery progress. Recovery plans also implementing this interagency ssp. serpyllum, and Linum arenicola establish a framework for agencies to cooperation provision of the Act are because of the contracted range of each coordinate their recovery efforts and codified at 50 CFR part 402. Section
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7(a)(2) of the Act requires Federal under the Factor D discussion, above. under Federal jurisdiction; maliciously agencies to ensure that activities they Federal listing will increase protection damage or destroy any of the four plant authorize, fund, or carry out are not for these plants by making violations of species on any such area; or remove, likely to jeopardize the continued section 3 of the Florida Statute cut, dig up, or damage or destroy any of existence of the species or destroy or punishable as a Federal offense under the four plant species on any other area adversely modify its critical habitat. If a section 9 of the Act. This would provide in knowing violation of any law or Federal action may affect a listed increased protection from unauthorized regulation of any State or in the course species or its critical habitat, if collecting and vandalism for the plants of any violation of a State criminal designated, the responsible Federal on State and private lands, where they trespass law. agency must enter into consultation might not otherwise be protected by the (3) Deliver, receive, carry, transport, with the Service. Act, and would increase the severity of or ship in interstate or foreign Federal agency actions within the the penalty for unauthorized collection, commerce, by any means whatsoever species’ habitat that may require vandalism, or trade in these plants. and in the course of a commercial consultation as described in the The Service acknowledges that it activity, any of the four plant species. preceding paragraph include cannot fully address some of the natural (4) Sell or offer for sale in interstate management and any other landscape- threats facing Chamaecrista lineata var. or foreign commerce any of the four altering activities on Federal lands keyensis, Chamaesyce deltoidea ssp. plant species. administered by the Service, NPS, and serpyllum, Linum arenicola, and (5) Introduce any nonnative wildlife Department of Defense; issuance of Argythamnia blodgettii, (e.g., or plant species to the State of Florida section 404 Clean Water Act (33 U.S.C. hurricanes, storm surge) or even some of that compete with or prey upon 1251 et seq.) permits by the U.S. Army the other significant, long-term threats Chamaecrista lineata var. keyensis, Corps of Engineers; construction and (e.g., climatic changes, SLR). However, Chamaesyce deltoidea ssp. serpyllum, management of gas pipeline and power through listing, we can provide Linum arenicola, or Argythamnia line rights-of-way by the Federal Energy protection to the known populations blodgettii. Regulatory Commission; construction and any new population of these plants (6) Release any unauthorized and maintenance of roads or highways that may be discovered (see discussion biological control agents that attack any by the Federal Highway Administration; below). With listing, we can also life stage of Chamaecrista lineata var. and disaster relief efforts conducted by influence Federal actions that may keyensis, Chamaesyce deltoidea ssp. the Federal Emergency Management potentially impact these plants (see serpyllum, Linum arenicola, or Agency. discussion below); this is especially Argythamnia blodgettii. With respect to endangered plants, valuable if these plants are found at (7) Manipulate or modify, without prohibitions outlined at 50 CFR 17.61 additional locations. With listing, we authorization, the habitat of make it illegal for any person subject to will also be better able to deter illicit Chamaecrista lineata var. keyensis, the jurisdiction of the United States to collection and trade. Chamaesyce deltoidea ssp. serpyllum, import or export, transport in interstate We may issue permits to carry out Linum arenicola, or Argythamnia or foreign commerce in the course of a otherwise prohibited activities blodgettii on Federal lands. commercial activity, sell or offer for sale involving endangered or threatened Questions regarding whether specific in interstate or foreign commerce, or to plants under certain circumstances. activities would constitute a violation of remove and reduce to possession any Regulations governing permits for section 9 of the Act should be directed such plant species from areas under endangered plants are codified at 50 to the Field Supervisor of the Service’s Federal jurisdiction. In addition, for CFR 17.62, and for threatened plants at South Florida Ecological Services Field endangered plants, the Act prohibits 50 CFR 17.72. With regard to Office (see FOR FURTHER INFORMATION malicious damage or destruction of any endangered plants, the Service may CONTACT). Requests for copies of such species on any area under Federal issue a permit authorizing any activity regulations regarding listed species and jurisdiction, and the removal, cutting, otherwise prohibited by 50 CFR 17.61 inquiries about prohibitions and permits digging up, or damaging or destroying of for scientific purposes or for enhancing should be addressed to the U.S. Fish any such species on any other area in the propagation or survival of and Wildlife Service, Ecological knowing violation of any State law or endangered plants. Services Division, Endangered Species regulation, or in the course of any It is our policy, as published in the Permits, 1875 Century Boulevard, violation of a State criminal trespass Federal Register on July 1, 1994 (59 FR Atlanta, GA 30345 (phone 404–679– law. Exceptions to these prohibitions 34272), to identify to the maximum 7140; fax 404–679–7081). are outlined at 50 CFR 17.62. With extent practicable at the time a species When Chamaecrista lineata var. respect to threatened plants, 50 CFR is proposed for listing or listed, those keyensis, Chamaesyce deltoidea ssp. 17.71 provides that, with certain activities that would or would not serpyllum, Linum arenicola, and exceptions, all of the prohibitions constitute a violation of section 9 of the Argythamnia blodgettii are listed under outlined at 50 CFR 17.61 for endangered Act. The intent of this policy is to the Act, the State of Florida’s plants also apply to threatened plants. increase public awareness of the effect Endangered Species Act (Florida Permit exceptions to the prohibitions for of a final listing on proposed and Statutes 581.185) is automatically threatened plants are outlined at 50 CFR ongoing activities within the range of invoked, which also prohibits take of 17.72. the species. Based on the best available these plants and encourages Preservation of native flora of Florida information, the following actions may conservation by State government through Florida Statutes 581.185, potentially result in a violation of agencies. Further, the State may enter sections (3)(a) and (3)(b), provide section 9, of the Act; this list is not into agreements with Federal agencies limited protection to species listed in comprehensive: to administer and manage any area the State of Florida Regulated Plant (1) Import any such species into, or required for the conservation, Index including Chamaecrista lineata export any of the four plant species management, enhancement, or var. keyensis, Chamaesyce deltoidea from, the United States. protection of endangered species ssp. serpyllum, Linum arenicola, and (2) Remove and reduce to possession (Florida Statutes 581.185). Funds for Argythamnia blodgettii, as described any of the four plant species from areas these activities can be made available
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under section 6 of the Act (Cooperation Section 4(a)(3) of the Act, as Required Determinations with the States). Thus, the Federal amended, and implementing regulations National Environmental Policy Act (42 protection afforded to these plants by (50 CFR 424.12), require that, to the U.S.C. 4321 et seq.) listing them as endangered species will maximum extent prudent and be reinforced and supplemented by determinable, the Secretary will We have determined that protection under State law. designate critical habitat at the time the environmental assessments and Activities that the Service believes species is determined to be an environmental impact statements, as could potentially harm these four plants endangered or threatened species. Our defined under the authority of the include, but are not limited to: regulations (50 CFR 424.12(a)(1)) state National Environmental Policy Act need (1) Actions that would significantly that the designation of critical habitat is not be prepared in connection with alter the hydrology or substrate, such as not prudent when one or both of the listing a species as an endangered or ditching or filling. Such activities may following situations exist: threatened species under the Endangered Species Act. We published include, but are not limited to, road (1) The species is threatened by taking a notice outlining our reasons for this construction or maintenance, and or other human activity, and determination in the Federal Register residential, commercial, or recreational identification of critical habitat can be on October 25, 1983 (48 FR 49244). development. expected to increase the degree of threat (2) Actions that would significantly to the species, or References Cited alter vegetation structure or (2) Such designation of critical habitat A complete list of references cited in composition, such as clearing vegetation would not be beneficial to the species. this rulemaking is available on the for construction of residences, facilities, Internet at http://www.regulations.gov trails, and roads. In our proposed listing rule, we determined that because the designation and upon request from the South (3) Actions that would introduce Florida Ecological Services Field Office nonnative species that would of critical habitat will not likely increase (see FOR FURTHER INFORMATION CONTACT). significantly alter vegetation structure or the degree of threat to the species and composition. Such activities may may provide some measure of benefit, Authors the designation of critical habitat is include, but are not limited to, The primary authors of this final rule residential and commercial prudent for Chamaecrista lineata var. keyensis, Chamaesyce deltoidea ssp. are the staff members of the South development, and road construction. Florida Ecological Services Field Office. (4) Application of herbicides, or serpyllum, Linum arenicola, and release of contaminants, in areas where Argythamnia blodgettii. List of Subjects in 50 CFR Part 17 these plants occur. Such activities may Our regulations (50 CFR 424.12(a)(2)) Endangered and threatened species, include, but are not limited to, natural further state that critical habitat is not Exports, Imports, Reporting and resource management, management of determinable when one or both of the recordkeeping requirements, rights-of-way, residential and following situations exists: (1) Transportation. commercial development, and road Information sufficient to perform construction. required analysis of the impacts of the Regulation Promulgation designation is lacking; or (2) the Critical Habitat Accordingly, we amend part 17, biological needs of the species are not subchapter B of chapter I, title 50 of the Section 3(5)(A) of the Act defines sufficiently well known to permit Code of Federal Regulations, as follows: critical habitat as (i) the specific areas identification of an area as critical within the geographical area occupied habitat. On the basis of a review of PART 17—ENDANGERED AND by the species, at the time it is listed on available information, we find that THREATENED WILDLIFE AND PLANTS which are found those physical or critical habitat for Chamaecrista lineata biological features (I) essential to the var. keyensis, Chamaesyce deltoidea ■ 1. The authority citation for part 17 conservation of the species and (II) ssp. serpyllum, Linum arenicola, and continues to read as follows: which may require special management Argythamnia blodgettii is not Authority: 16 U.S.C. 1361–1407; 1531– considerations or protection; and (ii) determinable because the specific 1544; and 4201–4245, unless otherwise specific areas outside the geographical mapping and economic information noted. area occupied by the species at the time sufficient to perform the required ■ 2. Amend § 17.12(h) by adding entries it is listed upon a determination by the analysis of the impacts of the for Argythamnia blodgettii, Secretary of the Interior that such areas designation is currently lacking. We are Chamaecrista lineata var. keyensis, are essential for the conservation of the still in the process of obtaining more Chamaesyce deltoidea ssp. serpyllum, species. Section 3(3) of the Act defines information needed to properly evaluate and Linum arenicola, in alphabetical conservation as to use and the use of all the economic impacts of designation. order under FLOWERING PLANTS, to methods and procedures which are We intend to publish a proposed rule the List of Endangered and Threatened necessary to bring any endangered designating critical habitat for Plants to read as follows: species or threatened species to the Chamaecrista lineata var. keyensis, point at which the measures provided Chamaesyce deltoidea ssp. serpyllum, § 17.12 Endangered and threatened plants. pursuant to the Act are no longer Linum arenicola, and Argythamnia * * * * * necessary. blodgettii by the end of fiscal year 2017. (h) * * *
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Listing citations and Scientific name Common name Where listed Status applicable rules
FLOWERING PLANTS
******* Argythamnia blodgettii ...... Blodgett’s silverbush ...... Wherever found ...... T [Insert Federal Register cita- tion]; September 29, 2016.
******* Chamaecrista lineata var. Big Pine partridge pea ...... Wherever found ...... E [Insert Federal Register cita- keyensis. tion]; September 29, 2016.
******* Chamaesyce deltoidea ssp. Wedge spurge ...... Wherever found ...... E [Insert Federal Register cita- serpyllum. tion]; September 29, 2016.
******* Linum arenicola ...... Sand flax ...... Wherever found ...... E [Insert Federal Register cita- tion]; September 29, 2016.
*******
Dated: September 21, 2016. commercial quotas for North Carolina (34,019 kg) of bluefish commercial Stephen Guertin, and Massachusetts. quota from North Carolina to Acting Director, U.S. Fish and Wildlife DATES: Effective September 28, 2016, Massachusetts. Both states have Service. through December 31, 2016. certified that the transfer meets all [FR Doc. 2016–23546 Filed 9–28–16; 8:45 am] pertinent state requirements. This quota FOR FURTHER INFORMATION CONTACT: Reid BILLING CODE 4333–15–P Lichwell, Fishery Management transfer was requested by Massachusetts Specialist, (978) 281–9112. to ensure that its 2016 quota would not be exceeded. The Regional SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE Administrator has approved this quota Regulations governing the Atlantic transfer based on his determination that National Oceanic and Atmospheric bluefish fishery are found in 50 CFR the criteria set forth in § 648.162(e)(1)(i) Administration 648.160 through 648.167. The through (iii) have been met. The revised regulations require annual specification bluefish quotas for calendar year 2016 50 CFR Part 648 of a commercial quota that is are: North Carolina, 1,391,100 lb apportioned among the coastal states [Docket No. 151130999–6225–01] (630,992 kg); and Massachusetts, from Maine through Florida. The 553,096 lb (250,880 kg). These quota RIN 0648–XE895 process to set the annual commercial adjustments revise the quotas specified quota and the percent allocated to each Fisheries of the Northeastern United in the final rule implementing the 2016– state are described in § 648.162. 2018 Atlantic Bluefish Specifications States; Atlantic Bluefish Fishery; The final rule implementing Quota Transfer published on August 4, 2016 (81 FR Amendment 1 to the Bluefish Fishery 51370), and reflect all subsequent AGENCY: National Marine Fisheries Management Plan published in the commercial bluefish quota transfers Service (NMFS), National Oceanic and Federal Register on July 26, 2000 (65 FR completed to date. For information of Atmospheric Administration (NOAA), 45844), and provided a mechanism for previous transfers for fishing year 2016 Commerce. transferring bluefish quota from one visit: http://go.usa.gov/xZT8H. state to another. Two or more states, ACTION: Temporary rule; approval of quota transfer. under mutual agreement and with the Classification concurrence of the Administrator, SUMMARY: NMFS announces its approval Greater Atlantic Region, NMFS This action is taken under 50 CFR of a transfer of a portion of the 2016 (Regional Administrator), can request part 648 and is exempt from review commercial bluefish quota from the approval of a transfer of bluefish under Executive Order 12866. State of North Carolina to the commercial quota under Authority: 16 U.S.C. 1801 et seq. Commonwealth of Massachusetts. This § 648.162(e)(1)(i) through (iii). The approval of the transfer complies with Regional Administrator must first Emily H. Menashes, the Atlantic Bluefish Fishery approve any such transfer based on the Acting Director, Office of Sustainable Management Plan quota transfer criteria in § 648.162(e). Fisheries, National Marine Fisheries Service. provision. This announcement also North Carolina and Massachusetts [FR Doc. 2016–23469 Filed 9–28–16; 8:45 am] informs the public of the revised have requested the transfer of 75,000 lb BILLING CODE 3510–22–P
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