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DEPARTMENT OF THE INTERIOR Florida Ecological Services Office, at the address in your e-mail message. If you above address, or fax your comments to do not receive a confirmation from the Fish and Wildlife Service (772) 562–4288. system that we have received your e- 3. You may send comments by mail message, contact us directly by 50 CFR Part 17 electronic mail (e-mail) to calling our South Florida Ecological _ RIN 1018–AI41 cindy [email protected]. For directions on Services Office (see ADDRESSES section). how to submit electronic filing of Our practice is to make all comments, Endangered and Threatened Wildlife comments, see the ‘‘Public Comments including names and home addresses of and Plants; Reclassifying the Solicited’’ section. respondents, available for public review American Crocodile Distinct Comments and materials received, as during regular business hours. Population Segment in Florida From well as supporting documentation used Individual respondents may request that Endangered to Threatened and in the preparation of this proposed rule, we withhold their home address from Initiation of a 5-Year Review will be available for public inspection, the rulemaking record, which we will by appointment, during normal business honor to the extent allowable by law. In AGENCY: Fish and Wildlife Service, hours at the above address. some circumstances, we would Interior. FOR FURTHER INFORMATION CONTACT: withhold also from the rulemaking ACTION: Proposed rule and initiation of Cindy Schulz, at the above address record a respondent’s identity, as a 5-year review. (telephone (772) 562–3909, extension allowable by law. If you wish for us to withhold your name and/or address, SUMMARY: We, the U.S. Fish and 305, facsimile (772) 562–4288). you must state this prominently at the Wildlife Service (Service), propose to SUPPLEMENTARY INFORMATION: beginning of your comments. However, reclassify the American crocodile we will not consider anonymous (Crocodylus acutus) distinct vertebrate Public Comments Solicited comments. We will make all population segment (DPS) in Florida We are requesting information for submissions from organizations or from its present endangered status to both the proposed rule and the 5-year businesses, and from individuals threatened status under the authority of review, as we are conducting these identifying themselves as the Endangered Species Act of 1973, as reviews simultaneously. representatives or officials of amended (Act). We believe that the We intend that any final action organizations or businesses, available endangered designation no longer resulting from this proposed for public inspection in their entirety. correctly reflects the current status of reclassification will be as accurate and this taxon within this DPS due to a as effective as possible. Therefore, we Background substantial improvement in the species’ solicit comments or suggestions from The American crocodile is a large status. Since its listing in 1975, the the public, other concerned greenish-gray reptile. It is one of two American crocodile population in governmental agencies, the scientific native crocodilians (the other being the Florida has more than doubled, and its community, industry, or any other American alligator (Alligator distribution has expanded. Land interested parties concerning this mississippiensis)) that occur in the acquisition has also provided protection proposal. We particularly seek continental United States, and is limited for many important nesting areas. We comments concerning: in distribution in the United States to have determined that the American (1) Biological, commercial trade, or the southern tip of mainland Florida crocodile in its range in Florida meets other relevant data concerning any and the upper Florida Keys (Kushlan the criteria of a DPS as stated in our threat (or lack thereof) to this species; and Mazzotti 1989a). At hatching, policy of February 17, 1996. If this (2) The location of any additional crocodiles are yellowish-tan to gray in proposal is finalized, the American populations of the American crocodile color with vivid dark bands on the body crocodile DPS in Florida will continue within the extent of its range covered by and tail. As they grow older, their to be federally protected as a threatened this proposed rule; overall coloration becomes more pale species. The American crocodile (3) Additional information concerning and uniform and the dark bands fade. throughout the remainder of its range as the range, distribution, and population All adult crocodiles have a hump above described in our December 18, 1979, size of this species in Florida; the eye, and tough, asymmetrical armor- final rule would remain endangered. (4) Current management plans or like scutes (scale-like plates) on their Because a status review is also required anticipated plan development that backs. The American crocodile is for the 5-year review of listed species incorporates actions that will benefit or distinguished from the American under section 4(c)(2)(A) of the Act, we impact the American crocodile in alligator by a relatively narrow, more are electing to prepare these reviews Florida; pointed snout and by an indentation in simultaneously. We are seeking data (5) Current or planned activities the upper jaw that leaves the fourth and comments from the public on this within the geographic area addressed by tooth of the lower jaw exposed when the proposal. this proposal and their potential impact mouth is closed. In Florida, the DATES: Comments from all interested on this species; and American crocodile ranges in size from parties must be received by May 23, (6) Whether the current status of this 26.0 centimeters (cm) (10.3 inches (in)) 2005. Public hearing requests must be population of the American crocodile is at hatching, to an upper length of 3.8 received by May 9, 2005. more appropriately described as meters (m) (12.5 feet (ft)) (Moler 1991a). ADDRESSES: Written comments and ‘‘recovered,’’ threatened due to Larger specimens in Florida were materials may be submitted to us by any similarity of appearance,’’ or in some reported in the 1800s (Moler 1991a), one of the following methods: other way different than the proposal and individuals as large as 6 to 7 m 1. You may submit written comments made here. (19.7 to 23.0 ft) have been reported and information to Cindy Schulz, U.S. Please submit electronic comments in outside the United States Fish and Wildlife Service, 1339 20th ASCII file format and avoid the use of (Thorbjarnarson 1989). Street, Vero Beach, FL 32960. special characters and encryption. The American crocodile occurs in 2. You may hand-deliver written Please also include ‘‘Attn: [RIN 1018– coastal regions of both the Atlantic and comments and information to our South AI41]’’ and your name and return Pacific coasts, in southern Mexico,

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Central America, and northern South communication 2004). This estimate, occur in the Keys south of Key Largo (P. America, as well as the Caribbean developed by two established American Moler, personal communication 2002, islands (Thorbjarnarson 1989). It crocodile experts, is based on a Jacobsen 1983), though individuals have reaches the northern extent of its range demographic characteristic that has occasionally been observed in the lower in the southern tip of Florida (Kushlan proven true for both Nile crocodiles and Keys in recent years. An American and Mazzotti 1989a, Thorbjarnarson American alligators. The characteristic crocodile was also observed for the first 1989). The species occurs within the is based on a generality from crocodilian time near Fort Jefferson in the Dry jurisdictional boundaries of many research, that breeding females make up Tortugas in May 2002 (O. Bass, different governments in the western 4 to 5 percent of the non-hatchling Everglades National Park, personal hemisphere, including Belize, population size. This estimate exhibits a communication 2002). We believe that Colombia, Costa Rica, Cuba, Dominican large range, because the researchers these occasional observations may Republic, Ecuador, El Salvador, Florida used a range of 40 to 50 crocodile nests indicate that crocodiles are expanding (USA), Guatemala, Haiti, Honduras, existing in Florida to do their their range back into the Keys, but Key Jamaica, Nicaragua, Mexico, Panama, calculations (P. Moler, FWC, personal Largo is the only nesting area currently Peru, and Venezuela. communication 2004; F. Mazzotti, UF, known in the Florida Keys. The first documented occurrence of a personal communication 2004). We Crocodiles live primarily in the crocodile in the United States resulted believe this is a reasonable but sheltered, fresh, or brackish waters of from the collection of a crocodile in conservative estimate, because as stated mangrove-lined bays, mangrove 1869 in the Miami River off Biscayne below nesting has increased to 61 swamps, creeks, and inland swamps Bay, though crocodiles were earlier documented nests in 2003 and not all (Kushlan and Mazzotti 1989b). suspected to occur there (Kushlan and mature females breed and nest each Prolonged exposure to salinities similar Mazzotti 1989a). Within the United year. to that of seawater (35 parts per States, the historic core geographic The nesting range has also expanded thousand (ppt) of sodium) may lead to range of crocodiles includes Miami- on both the east and west coasts of the reduced growth rates, particularly for Dade, Broward, and Monroe Counties in State, and crocodiles are frequently young crocodiles (Dunson 1982, Dunson Florida, but reports indicate that they being seen throughout most of their and Mazzotti 1989, Mazzotti et al. 1986). occupied areas as far north as Indian historical range. Nesting has extended Availability of fresh water is a primary River County on the east coast (Kushlan back into Biscayne Bay on Florida’s east factor affecting growth and survival in and Mazzotti 1989a). Crocodiles were coast, and now commonly occurs at the young crocodiles (Dunson and Mazzotti probably never common on the west Turkey Point Nuclear Plant (Brandt et 1989). coast of Florida, but credible reports al. 1995, Gaby et al. 1985). During 2003, American crocodiles are shy and suggest that they occurred at least 61 crocodile nests were discovered in secretive, and remain solitary for most periodically as far north as Sanibel south Florida (S. Klett, Service, personal of the year (Mazzotti 1983); however, Island and Sarasota County (Kushlan communication 2003; M. Cherkiss, they are usually tolerant of other and Mazzotti 1989a). The primary personal communication 2003; J. crocodiles in the same general area. historic nesting area was on the Wasilewski, Natural Selections Inc., Individuals may travel widely mainland shore of Florida and Biscayne personal communication 2003), and throughout their range, but they are Bays, including many of the small nesting has been increasing for several generally concentrated around the major islands near shore, in what is today years (Ogden 1978, Brandt et al. 1995, nesting areas (Kushlan and Mazzotti Everglades National Park (Kushlan and Kushlan and Mazzotti 1989b, Moler 1989b, Mazzotti 1983). Prior to nesting Mazzotti 1989a). Nesting was also 1991b, Mazzotti et al. 2000, Mazzotti season, males become more territorial, historically well-documented in the and Cherkiss 2001, and Mazzotti et al. and dominant males may mate with upper Keys from Key Largo south to 2002). Approximately 75 percent of several females (Thorbjarnarson 1989). Lower Matecumbe Key (Kushlan and reproductively mature females breed Females do not become Mazzotti 1989a). Reports of crocodile and nest each year (F. Mazzotti, reproductively active until they reach a nests on Little Pine Key (Ogden 1978), personal communication 2001), total length of approximately 2.3 m (7.4 and occurrences on Key West (Ogden suggesting that the actual number of ft) (Mazzotti 1983), and this generally 1978) suggest that crocodiles were once nesting females may be higher than the corresponds to an age of 10 to 13 years more common in the Keys than they are 61 nests recorded. Surveys detect (LeBuff 1957, Moler 1991a). Females today. approximately 80 to 90 percent of nests construct earthen nests (mounds or In 1976, the American crocodile (F. Mazzotti, personal communication holes) on elevated, well-drained sites population in Florida was estimated to 2001; J. Wasilewski, personal near the water, such as ditch-banks and be between 200 and 300 individuals (40 communication 2002), and surveyors beaches. Nests have been reported in FR 58308), with only 10 to 20 breeding are generally unable to distinguish those sand, marl, and organic peat soils, and females estimated in 1975 (40 FR nests that contain more than one clutch the nests constructed in these different 44149). Most of the remaining animals of eggs from different females without soils may be susceptible to different and known nesting activity during this researchers excavating the nests. We environmental conditions and different time were concentrated in a small believe this situation lends to a possible threats (Lutz and Dunbar-Cooper 1984, portion of their historic range in underestimation of nests or females, Moler 1991b). Female crocodiles will northeastern Florida Bay (Kushlan and because on occasion 2 females lay eggs only nest one time per year and may not Mazzotti 1989a). in the same nest. nest every year after they reach sexual Today, the population of American The breeding range of the American maturity. They lay an average of 38 eggs crocodiles in Florida has grown to an crocodile today is still restricted relative (Kushlan and Mazzotti 1989b), which estimated 500 to 1,000 individuals, not to its reported historic range (Kushlan will hatch after an incubation period of including hatchlings (P. Moler, Florida and Mazzotti 1989a), with most approximately 90 days (Mazzotti 1989). Fish and Wildlife Conservation breeding occurring on the mainland Flooding, over-drying, and raccoon Commission (FWC), personal shore of Florida Bay between Cape predation all pose threats to nests and communication 2004; F. Mazzotti, Sable and Key Largo (Mazzotti et al. developing eggs (Mazzotti et al. 1988, University of Florida (UF), personal 2002). Crocodiles no longer regularly Mazzotti 1999), and suitable nest sites

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that are protected from these threats Crocodile Lake NWR and Everglades appearance to the American crocodile in may be limited. The reported percent of National Park), owned and managed by Florida (42 FR 18287). Under the nests from which eggs successfully Federal, State, or county governments, similarity of appearance clause of hatch in any one year range from 33 to as well as 3 privately-owned properties Section 4 of the Act, a species may be 78 percent (Ogden 1978, Kushlan and (including Turkey Point Nuclear Power treated as endangered or threatened for Mazzotti 1989b, Moler 1991b, Mazzotti Plant) are managed at least partially or the purposes of commerce or taking if it et al. 2000, Mazzotti and Cherkiss 2001). wholly for conservation purposes and so closely resembles an endangered Typically, a nest was considered contain potential crocodile habitat species that law enforcement personnel successful if at least one hatched within the coastal mangrove will be unable to distinguish between eggshell or hatchling crocodile was communities in south Florida. For the listed and unlisted species. We did documented. However, Moler (19991b) example, in the early 1980s, Everglades not finalize this proposed rule. classified a nest as successful if ‘‘it National Park plugged canals which On February 5, 1979, we provided appeared to have been opened by an allowed crocodiles to begin nesting on notice in the Federal Register that a adult crocodile. In all but one case, the canal berms. In 1976 the C–107 status review was being conducted for hatchling crocodiles were tagged near canal was completed and provides the American crocodile (outside of each successful nest.’’ habitat for crocodiles at the Turkey Florida) and the saltwater crocodile Unlike alligators, female crocodiles do Point Nuclear Power Plant. (Crocodylus porosus). The notice not defend nest sites (Kushlan and Approximately 95 percent of nesting specified that we had information to Mazzotti 1989b). However, females habitat for crocodiles in Florida is under suggest that the American crocodile and remain near their nest sites and must public ownership (F. Mazzotti, personal the saltwater crocodile may have excavate young from the nest after communication 2001). experienced population declines and hatching (Kushlan and Mazzotti 1989b). Previous Federal Action extensive habitat loss during the Kushlan (1988) reported that females previous decade (44 FR 7060). We proposed listing of the United may be very sensitive to disturbance at On July 24, 1979, we published a States population of the American the nest site; most females that were proposed rule (44 FR 43442) that crocodile as endangered on April 21, disturbed near their nests did not return recommended listing the American and 1975 (40 FR 17590). The proposed to excavate their young after hatching. saltwater crocodiles as endangered listing stated that only an estimated 10 Female crocodiles show little parental throughout their ranges outside of to 20 breeding females remained in care, and young are generally Papua New Guinea, citing widespread Florida, mostly concentrated in independent shortly after hatching. loss of habitat and extensive poaching northern Florida Bay. The primary Hatchlings disperse from nest sites to for their hides. The Florida population nursery habitats that are generally more threats cited included development of the American crocodile was not sheltered, have lower salinity (1 to 20 pressures, lack of adequate protection of included because it was previously ppt), shallower water (generally), and crocodiles and their habitat, and the risk listed as endangered. Saltwater more vegetation cover, shortly after of extinction inherent to a small, crocodiles were not listed within the hatching, where they remain until they isolated population. Comments on the jurisdictional boundaries of Papua New grow larger. Growth during the first year proposed rule were received from 14 Guinea due to strict government control can be rapid, and crocodiles may double parties including representatives of the of crocodile farming and assurances that or triple in size (Moler 1991a). Growth State of Florida, and all supported wild populations there were not being rates in hatchling crocodiles depend listing the American crocodile as threatened. primarily on the availability of fresh endangered in Florida. We published a water and food in the nursery habitat final rule on September 25, 1975, listing We listed the American crocodile, they occupy and may also be influenced the United States population of the with the exception of the previously- by temperature (Mazzotti et al. 1986). American crocodile as endangered (40 listed population in Florida, and the Adult crocodiles have few natural FR 44149). saltwater crocodile throughout its range, enemies, but hatchlings and young On December 16, 1975, we published with the exception of the Papua New crocodiles are regularly eaten by a a proposal to designate critical habitat Guinea population, as endangered on variety of wading birds, crabs, for the American crocodile (40 FR December 18, 1979 (44 FR 75074). This mammals, and reptiles, including larger 58308). The proposed critical habitat action provided protection to these crocodiles. As crocodiles grow, their included portions of Biscayne Bay south crocodilians worldwide. former predators become prey. The diet of Turkey Point, northeast Florida Bay, Since the Florida population of the of American crocodiles at all ages is including the Keys, and the mainland American crocodile was listed as varied, and crocodiles forage extending as far west as Flamingo. We endangered, we have conducted opportunistically. Fish, crabs, snakes, published a final rule designating numerous consultations under section 7 turtles, and a variety of other small prey critical habitat on September 24, 1976 of the Act for actions that may affect compose the majority of their diet. (41 FR 41914). The final rule expanded crocodiles. Most potential conflicts have Crocodiles are usually active at night, the critical habitat to include a portion been resolved early in the informal which is the primary time when they of Everglades National Park and consultation process, resulting in our pursue prey. northern Florida Bay to the west of the concurrence with a determination of Land acquisition efforts by many previously proposed area. The ‘‘not likely to adversely affect.’’ agencies have continued to provide additional area lies entirely within One Federal prosecution occurred in protection for crocodile habitat in south Everglades National Park. the late 1970s for a dredge-and-fill Florida. Crocodile Lake NWR was On April 6, 1977, we published a permit violation that affected crocodile acquired in 1980 to provide over 2,205 proposed rule to list as endangered all habitat on Key Largo within the ha (5,000 acres) of crocodile nesting and populations of the American crocodile boundaries of the then-proposed nursery habitat. In 1980, Everglades with the exception of those in Florida Crocodile Lake National Wildlife Refuge National Park established a crocodile and all populations of the saltwater (U.S. v. Joseph R. Harrison, Jr. Civil sanctuary in northeastern Florida Bay. A (estuarine) crocodile (Crocodylus Action No. 84–1465, Judge E.B. Davis, total of 46 public properties (including porosus) due to their similarity in Final Consent Judgment on September

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22, 1984). This case was settled prior to lined estuaries (Mazzotti 1983). No Ross, International Union for the trial. evidence is available to suggest that Conservation of Nature, Crocodile crocodiles have crossed the Florida Specialists Group, personal Distinct Vertebrate Population Segment Straits. There are no other American communication 2002). However, the Analysis crocodile populations in close threats to crocodiles in Cuba are The Act defines ‘‘species’’ to include proximity to Florida (Richards 2003) different than in the United States, with ‘‘* * * any distinct population segment that would allow direct interaction of most human-caused mortality resulting of any species of vertebrate fish or animals. The Florida DPS is effectively from subsistence hunting due to a wildlife which interbreeds when isolated from other American crocodile depressed economy. In the Dominican mature.’’ On February 7, 1996, we populations and functions as a single Republic, Jamaica, and Haiti, a wide published in the Federal Register our demographic unit. Consequently, we variety of threats, conservation Policy Regarding the Recognition of conclude that the Florida population of regulations, and levels of enforcement Distinct Vertebrate Population Segments American crocodiles is separated from make the level of protection within (DPS Policy) (61 FR 4722). For a other American crocodile populations these countries difficult to quantify or population to be listed under the Act as as a consequence of physical or evaluate. Threats to American crocodile a distinct vertebrate population behavioral factors. populations vary substantially segment, three elements are The genetic makeup of the Florida throughout their range in Central and considered—(1) The discreteness of the population of the American crocodile South America, with threats including population segment in relation to the also is recognizably distinct from malicious killing, illegal subsistence remainder of the species to which it populations in other geographic areas hunting in areas with a depressed belongs; (2) the significance of the within its range (M. Forstner, Southwest economy, incidental mortality during population segment to the species to Texas State University, unpublished legal caiman hunting, killing by which it belongs; and (3) the population data), despite reported evidence of the fishermen, and incidental mortality in segment’s conservation status in relation introduction of genetic material from fishing nets (Ross 1998, Soberon 2000, to the Act’s standards for listing (i.e., is foreign crocodile populations (M. Platt and Thorbjarnarson 2000, P. Ross the population segment endangered or Forstner, personal communication personal communication, 2002). threatened?). The best available 2002). Analysis of mitochondrial DNA Therefore, significant differences do scientific information supports suggests that the Florida DPS may be exist in control of exploitation, recognition of the Florida population of genetically more closely related to management of habitat, conservation the American crocodile as a distinct American crocodile populations in status, or regulatory mechanisms in vertebrate population segment. We Central and South America than to areas of the American crocodile’s range discuss the discreteness and those in Cuba and the Bahamas (M. outside of Florida. significance of the DPS within this Forstner, unpublished data). However, Significance: The DPS policy states section; the remainder of the document the Florida DPS remains genetically that populations that are found to be discusses the species’ status within the distinct and geographically distant from discrete will then be examined for their Florida DPS. American crocodiles in central and biological or ecological significance. Discreteness: The DPS policy states south America. This consideration may include that vertebrate populations may be In addition to the effective spatial evidence that the loss of the population considered discrete if they are markedly isolation of the Florida population, the would create a significant gap in the separated from other populations of the regulatory mechanisms providing range of the taxon. The Florida same taxon as a consequence of protection for the crocodile and the population of the American crocodile physical, physiological, ecological, or level of enforcement of protections are represents the northernmost portion of behavioral factors; and/or they are substantially different outside of its range in the world (Kushlan and delimited by international governmental Florida, across international government Mazzotti 1989a, Thorbjarnarson 1989) boundaries within which significant boundaries. The first listing of the and the only U.S. population. Loss of differences exist in control of American crocodile under the Act only this population would result in a exploitation, management of habitat, included the Florida population, and significant reduction of the extent of the conservation status, or regulatory protection under the Act was extended species’ range. Maintaining a species mechanisms. to populations outside of the United throughout its historic and current range The Florida population segment States several years later (see ‘‘Previous is important to ensure its genetic represents the northernmost extent of Federal Actions’’ section). Florida diversity and population viability. the American crocodile’s range supports the only population of the While it is difficult to determine to what (Kushlan and Mazzotti 1989a, American crocodile that is subject to the degree the Florida population of the Thorbjarnarson 1989). It is spatially full jurisdiction of the Act. Though the American crocodile contributes separated by approximately 90 miles of American crocodile is protected from substantially to the security of the open ocean from the nearest adjacent international commerce by the species as a whole, the apparent American crocodile population in Cuba Convention on International Trade in isolation and evidence of genetic (Kushlan 1988). The Gulf Stream, or the Endangered Species of Wild Fauna and uniqueness (M. Forstner, Southwest Florida Current (the southernmost leg of Flora (CITES), other countries have Texas State University, unpublished the Gulf Stream), flows through this 90- distinctly different regulatory data) suggest that the Florida population mile gap. This strong current makes it mechanisms in place that do not substantially contributes to the overall unlikely that crocodiles would provide the same level of protection diversity within the species and is regularly, or even occasionally, move from exploitation, disturbance, or loss of biologically or ecologically significant. between Florida and Cuba. habitat within their jurisdictional Behaviorally, American crocodiles are boundaries for the American crocodile. Recovery Accomplishments not predisposed to travel across open Cuban laws provide protection to both The first recovery plan for the ocean. They prefer calm waters with crocodiles and crocodile habitat American crocodile was approved on minimal wave action, and most (Soberon 2000), and enforcement of February 12, 1979 (Service 1979). The frequently occur in sheltered, mangrove- those laws is reported to be good (P. recovery plan was revised on February

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2, 1984 (Service 1984). The recovery Study has continued on the effects of crocodiles and translocation of plan for the American crocodile was salinity on growth rate and survival of crocodiles in situations that may revised again and included as part of the American crocodiles in the wild. threaten the safety of either crocodiles South Florida Multi-Species Recovery Previous laboratory studies provided a or humans. While the protocol has led Plan (MSRP) (Service 1999). The general relationship, but field data have to the successful resolution of many recovery plan for the crocodile in the improved our understanding of this complaints, many of the large crocodiles MSRP, which was approved in May relationship. In addition, analysis of that have been translocated under the 1999, represents the current recovery contaminants in crocodile eggs has been protocol have shown strong site fidelity plan for this species. conducted recently at Rookery Bay, and and have returned to the areas from The MSRP identifies 10 primary these analyses contribute to a record of which they were removed (Mazzotti and recovery actions for the American contaminants data as far back as the Cherkiss 2003). Translocation appears to crocodile. Species-focused recovery 1970s. be effective with small crocodiles actions include: (1) Conduct surveys to Protection and enhancement of (generally < 6 ft total length), but may determine the current distribution and nesting habitat within each of the three not completely resolve human-crocodile abundance of American crocodiles; (2) primary American crocodile nesting conflicts involving larger, older animals. protect and enhance existing colonies of areas has also been ongoing for many Developing an effective, proactive American crocodiles; (3) conduct years. Turkey Point Nuclear Plant has protocol to address human-crocodile research on the biology and life history implemented management actions to conflicts is necessary to ensure the of crocodiles; (4) monitor the south minimize disturbance to crocodiles and safety of crocodiles of all age groups Florida crocodile population; and (5) their nesting habitat. This includes the near populated areas and to help inform the public about the recovery designation of nesting ‘‘sanctuaries’’ maintain a positive public perception of needs of crocodiles. Habitat-focused where access and maintenance activities crocodiles and crocodile conservation. recovery actions include: (1) Protect are minimized. Habitat management in We are working closely with FWC to nesting, basking, and nursery habitat of these areas includes exotic vegetation continue development of an effective American crocodiles in south Florida; control and encouraging the growth of human-crocodile conflict management (2) manage and restore suitable habitat low-maintenance native vegetation. On plan and to improve our understanding of American crocodiles; (3) conduct Crocodile Lake National Wildlife of how crocodiles respond to research on the habitat relationships of Refuge, management has focused on translocation. the American crocodile; (4) continue to maintaining suitable nesting substrate. monitor crocodile habitat; and (5) The organic soils that compose the Recovery Plan Provisions increase public awareness of the habitat nesting substrate have subsided over The MSRP (Service 1999) specifies a needs of crocodiles. All of these primary time, leading to the potential for recovery objective of reclassifying the recovery actions have been initiated increased risk of flooding or unfavorable species to threatened, and lists recovery since the 1999 MSRP. microclimate. Nesting substrate has criteria as: American crocodile nest surveys and been augmented near nesting areas. subsequent hatchling crocodile surveys ‘‘Previous recovery efforts identified the Encroaching vegetation in nesting areas need for a minimum of 60 breeding females around nest sites are conducted in all has also been removed. In Everglades within the population before reclassification areas where crocodiles nest (Mazzotti et National Park, management has could be considered. Since these criteria al. 2000, Mazzotti and Cherkiss 2003). included minimizing disturbance to were developed, new information, based on Nest monitoring has been conducted crocodiles resulting from public use, consistent surveys, has indicated that the nearly continuously at each of the and relocation of crocodile nests that total number of nesting females has increased primary nesting areas since 1978. were placed in recently-excavated spoil substantially over the last 20 years, from Without these data, we would have little material subject to disturbance and about 20 animals to about 50, and that evidence to support reclassification. In inhospitable environmental conditions. nesting has remained stable at the major addition, detailed surveys and Signs have been in place for several nesting areas. Based on the fact that the population appears stable, and that all of the population monitoring have been years along highways to alert motorists threats as described in the original listing conducted annually since 1996 to the presence of crocodiles in the areas have been eliminated or reduced, throughout the American crocodile’s where most crocodile road kills have reclassification of the crocodile will be range in Florida. These surveys occurred. Fences were also erected possible, provided existing levels of documented distribution, habitat use, along highways to prevent crocodiles protection continue to be afforded to population size, and age class from crossing, although several of these crocodiles and their habitat, and that distribution of crocodiles. During both fences were later removed because they management efforts continue to maintain or crocodile surveys and nest monitoring, were ineffective. The remaining sections enhance the amount and quality of available crocodiles of all age classes are captured of fence are intended to funnel habitats necessary for all life stages.’’ and marked (Mazzotti and Cherkiss crocodiles to culverts where they can Based on the criteria outlined in the 2003). These marked individuals cross underneath roads without risk. MSRP, we can consider the American continue to provide information on Other efforts to reduce human-caused crocodile for reclassification to survival, longevity, growth, and mortality include law enforcement threatened status in Florida at this time, movements (Mazzotti and Cherkiss actions and signs that inform the public because crocodiles and their habitat are 2003). All captured individuals are about crocodiles in areas where still protected and management efforts marked by clipping tail scutes in a crocodiles and people are likely to continue to maintain or enhance the prescribed manner so that each encounter each other, such as at fish amount and quality of available habitat. crocodile is given an individual cleaning stations along Biscayne Bay. In addition, for several reasons, we identification number (Mazzotti and The FWC established a standard believe that we have surpassed what Cherkiss 2003). In addition, hatchlings operating protocol in 1988 to manage prior recovery plans outlined as at Turkey Point are marked with crocodile-human interactions. This necessary to reclassify the American microchips placed under the skin. protocol established a standard crocodile: The nesting range has Several ecological studies have been procedure that included both public expanded on both the east and west initiated or continued in recent years. education to encourage tolerance of coasts of the State; crocodiles are

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frequently being seen throughout most nesting area for crocodiles, Crocodile supported nesting. The Turkey Point of their historical range; nesting has Lake National Wildlife Refuge on Key Nuclear Power Plant site, owned and extended back into Biscayne Bay on Largo. The acquisition of the Crocodile operated by Florida Power and Light Florida’s east coast and now commonly Lake National Wildlife Refuge in 1980 (FPL), contains an extensive network of occurs at the Turkey Point Nuclear provided protection for over 2,205 ha cooling canals (built in 1974) that Plant; nesting has been increasing for (5,000 acres) of crocodile nesting and appear to provide good crocodile habitat several years; and during 2003, 61 nursery habitat on Key Largo. The in Biscayne Bay. The site is crocodile nests were discovered in habitat on Crocodile Lake National approximately 1,214 ha (3,000 acres), south Florida. The level of protection Wildlife Refuge is protected and and the majority is considered crocodile currently afforded to the species and its managed to support the local crocodile habitat. The number of nests at this site habitat, as well as the status of habitat population. All of the nesting on Key has risen from 1 to 2 per year between management, are outlined in the Largo occurs within Crocodile Lake 1978 and 1980 (Gaby et al. 1985) to 10 ‘‘Summary of Factors Affecting the National Wildlife Refuge on artificial to 15 nests per year in the late 1990s Species’’ section of this proposed rule. substrates composed of spoil taken from (Brandt et al. 1995, Cherkiss 1999, J. Summary of Factors Affecting the adjacent ditches that were dredged prior Wasilewski personal communication Species to acquisition of the property. These 2002). This property now supports the sites and the surrounding high-quality second largest breeding aggregation of Section 4(a)(1) of the Act and nursery habitat consistently support five American crocodiles in Florida. The regulations promulgated to implement to eight successful crocodile nests each Turkey Point Nuclear Power Plant site, the listing provisions of the Act (50 CFR year. The artificial substrate at nesting privately owned by FPL, has developed part 424) set forth five criteria to be used sites on the Refuge has begun to settle, and implemented a management plan in determining whether to add, and in an effort to continue for their property that specifically reclassify, or remove a species from the maintenance of crocodile nesting addresses crocodiles for many years. list of threatened and endangered habitat, the Refuge staff recently has Turkey Point is also closed to access species. These factors and their augmented the substrate at certain sites other than personnel who work at the application to the American crocodile to bring it back to its original elevation. facility. FPL personnel maintain the are as follows: Nesting has been documented at both of canals and crocodile habitat at Turkey A. The Present or Threatened the elevated mounds. In order for these Point, by activities like exotic vegetation Destruction, Modification, or areas to remain as nesting and nursery control and planting of low- Curtailment of Its Habitat or Range sites, they need to be cleared of invasive maintenance native vegetation. They The original listing proposal (40 FR exotics. Encroachment of native and also have supported an extensive 17590) identified intensive human exotic plants along the levies needs to crocodile monitoring program since development and subsequent loss of be controlled in order for them to 1976. Operation of the Turkey Point American crocodile habitat as a primary remain suitable for nesting crocodiles Nuclear Power Plant is licensed by the threat to crocodiles. Since listing, much and their young. In general, Crocodile Nuclear Regulatory Commission of the nesting habitat in Florida for Lake National Wildlife Refuge is closed through 2032, and FPL plans to crocodiles remains and has been to public access. Access is granted by continue crocodile management and afforded some form of protection. In special use permit only. Both of these monitoring while the plant is in addition, nesting activity that was sites (Crocodile Lake NWR and operation (J. Wasilewski, FPL, personal concentrated in a small portion of the Everglades National Park) have already communication 2003). historic range in northeastern Florida implemented programs that provide for FPL has also developed the Bay at the time of listing now occurs on maintenance of natural conditions that Everglades Mitigation Bank along the the eastern, southern, and southwestern will benefit the crocodile and are in the western shore of Biscayne Bay and portions of the Florida peninsula. The process of preparing management plans immediately adjacent to the Turkey primary nesting areas in northern that will formalize ongoing management Point Nuclear Power Plant, which may Florida Bay that were active at the time actions and further protect crocodile help bolster the crocodile population in of listing in 1975 remain protected and habitat (S. Klett, Service, personal Biscayne Bay in coming years. This site under the management of Everglades communication 2002, Skip Snow, is a wetlands mitigation bank, National Park, which has consistently Everglades National Park, personal approximately 5,665 ha (14,000 acres) in supported the largest number of nests communication 2002). A management size, of which about 5,050 ha (10,000 and the largest population of American plan as defined here and throughout acres) is crocodile habitat. To date, crocodiles in Florida. The habitat in this proposal is not regulatory. These crocodile nesting has not been recorded Everglades National Park is protected plans are developed by the property on this site (J. Wasilewski, personal and maintained for crocodiles, and owners, and they outline strategies and communication 2002); however, habitat ongoing hydrologic restoration efforts alternatives believed to be necessary to restoration and management actions may improve the quality of the habitat conserve important habitat and in some intended to improve nesting habitat may in the Park. Park managers emphasize cases species on the property. provide three additional nesting areas, maintaining a high-quality natural Implementation of the plan is not each capable of supporting multiple habitat that includes natural crocodile mandatory, but it should be updated on nests (J. Wasilewski, personal nesting areas. Restoration of disturbed a regular basis so managers and staff on communication 2002). It is difficult to sites, hydrologic restoration, and the site have available the latest information estimate in advance how many potential removal of exotic vegetation like and guidance for crocodile management. nesting sites will occur in these three Australian pine and Brazilian pepper In addition to these two primary core nesting areas, but we believe that it will have improved crocodile nesting sites, sites of publicly owned active nesting be roughly equivalent to the Turkey nursery habitat, and other areas habitat for crocodiles, additional nesting Point Nuclear Power Plant site. This frequented by crocodiles. habitat has been created within the area will be protected in perpetuity and Since the original listing, we have historic range of the crocodile, but on a may help offset any loss of the artificial acquired and protected an important site that may not have historically habitat at Turkey Point Nuclear Power

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Plant if that site is modified after the Construction and development within During this period, only one shooting current operating license expires in coastal areas continues to grow, and still was reported (approximately 4 percent 2032. Even though the nesting habitat at poses a threat to remaining crocodile of human-caused mortalities). Since Turkey Point has been created and all of habitat that is not protected. However, 1991, no crocodile mortalities resulting the nesting at Crocodile Lake National each year only a few nests may occur on from shooting have been recorded. This Wildlife Refuge and some areas of privately-owned, unprotected sites (F. declining trend in the number of Everglades National Park is on artificial Mazzotti, personal communication recorded shootings suggests reduced or created substrate, crocodiles have 2001). With virtually all known risk to crocodiles from this threat. The successfully moved into and used this crocodile habitat under protection for few legal cases involving take of habitat. We believe that it is important conservation purposes, the total Florida crocodiles in south Florida have been to continue to provide protection for the crocodile population now believed to be publicized and may have deterred artificial habitats that crocodiles estimated between 500 and 1,000 poaching and killing of crocodiles. opportunistically use within their individuals (not including hatchlings), Stories in newspapers and other popular current range. the expansion of the crocodile’s nesting press, as well as radio and television Outside of these areas that now range to both the east and west coast of reports and documentaries, have aided comprise the core of nesting habitat for Florida, and with crocodiles frequently in informing residents and visitors American crocodiles in Florida, land being seen throughout most of their about the status and legal protection of acquisitions have also provided historical range, we believe that the American crocodiles. We receive no to few requests for protection to many other areas of amount and quality of crocodile habitat recovery permits during a given year for potential habitat for crocodiles. A total in south Florida will continue to be commercial or scientific purposes of 44 different public properties, owned maintained or enhanced sufficiently in related to the crocodile in Florida. We and managed by Federal, State, or order to provide protection for all life have no reason to believe that trade or county governments, as well as 2 stages of the existing crocodile any other type of current or future different privately owned properties population. We also believe that utilization pose a risk to the American managed at least partially or wholly for available habitat can support population growth and expansion. crocodile population in Florida. conservation purposes, contain potential habitat for crocodiles in B. Overutilization for Commercial, C. Disease or Predation Florida. A total of 35 of the publicly- Recreational, Scientific, or Educational Depredation of American crocodile owned or private conservation lands Purposes nests by raccoons was cited in the operate under current management Prior to listing in 1975, crocodiles original listing of crocodiles as a threat plans (e.g., Florida Department of were frequently collected for museums to the population. However, predation Natural Resources 1991). All of the and zoos, and at least occasionally shot on nests by raccoons at Turkey Point plans prescribe management actions for sport. Though it is difficult to Nuclear Power Plant or Crocodile Lake that will provide conditions beneficial estimate the magnitude of collection NWR has not been observed (F. for crocodiles and maintain or improve and sport hunting, several lines of Mazzotti, personal communication crocodile habitat and potential nesting evidence suggest that they may have 2004). Predation on nests has been sites. A common action called for in significantly impacted the Florida caused by fire ants in Everglades many of the plans is exotic vegetation population prior to listing. Moore (1953) National Park (one nest) and Turkey control. Sites including Rookery Bay reported on a collector who advertised Point Nuclear Power Plant (several National Estuarine Research Reserve, that he would pay for any live nests) (F. Mazzotti, personal Collier-Seminole State Park, and others crocodiles anywhere in south Florida; communication 2004). Monitoring of list goals to restore the natural these were added to his collection at a nest sites throughout the range of the freshwater flow patterns through zoological garden. This collector crocodile in Florida has shown that hydrological restoration (e.g., Florida claimed to have the largest collection of depredation is not a major cause of nest Department of Environmental Protection American crocodiles in the United loss. On average, 20.1 percent (range 2.8 2000). The 44 other public properties States. Shooting for sport was also to 45.0 percent) of nest failures resulted contain about 28,330 ha (70,000 acres) common, as was both incidental and from depredation (Kushlan and of potential crocodile habitat, whereas intentional killing by fishermen in Mazzotti 1989b, Mazzotti 1989, Moler together Everglades National Park and Florida Bay (Moore 1953). At the time 1991b, Mazzotti et al. 2000, Mazzotti Crocodile Lake National Wildlife Refuge of listing in 1975, our final rule stated and Cherkiss 2001). contain alone about 131,120 ha (324,000 that poaching for skins and eggs still Predation on nests in Everglades acres). A total of approximately 166,000 sometimes occurred and crocodiles National Park has been variable with an ha (410,000 acres) of mangrove- were occasionally shot for sport from increasing trend that has not been tested dominated vegetation communities are passing boats. Ogden (1978) reported for statistical significance (F. Mazzotti, currently present in south Florida on that half of the human-caused crocodile personal communication 2004). For public and private lands that are deaths recorded between 1971 and 1975 example, the majority of nests near managed at least partially for resulted from shooting. Little Madeira Bay, within Everglades conservation purposes. Approximately Since listing in 1975, collection of National Park, have been depredated by 10,117 ha (25,000 acres) of mangrove wild American crocodiles has ceased, raccoons in recent years (Mazzotti and habitat occurs in south Florida outside and few shootings have been reported Cherkiss 2001). While a few years ago, of public or privately-owned (Kushlan 1988, Moler 1991a, P. Moler most of the predation in Everglades conservation lands. Only a small personal communication 2001). Kushlan National Park was on nests in artificial fraction (< 5 percent) of known nests (1988) reported that only 3 of 13 human- substrates, now most of the predation is currently occur on unprotected sites (F. caused mortalities between 1975 and on nests at beach nest sites which are Mazzotti, personal communication 1984 resulted from shooting historically the most productive in 2001), and these sites are probably less (approximately 23 percent). Moler Everglades National Park (F. Mazzotti, secure than sites on properties under (1991a) reported 27 recorded human- personal communication 2004). This is public ownership. caused mortalities from 1980 to 1991. of concern as these are the only nests on

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natural habitat left in the U.S. Nest projects for the conservation of agencies to review proposed actions and depredation may become an increasing threatened and endangered species. address ways to conserve wildlife and problem as the density of crocodile On June 28, 1979, the American prevent loss of or damage to wildlife nests increases, allowing for raccoons crocodile was added to Appendix II of resources. The Fish and Wildlife and other nest predators to become CITES. This designation reflected that Coordination Act allows us to help specialized in locating nests (Mazzotti the species, while not currently ensure that American crocodiles and 1999). However, localized efforts to threatened with extinction, may become their habitat are not degraded by water control raccoons may boost productivity so without trade controls. On June 6, development projects and allows us to rates in areas where raccoon 1981, the American crocodile was incorporate improvements to habitat depredation has become problematic. moved to Appendix I, indicating that it whenever practicable. There is no evidence of disease in the was considered to be threatened with extinction. Generally, no commercial E. Other Natural or Manmade Factors American crocodile population in Affecting Its Continued Existence Florida. Therefore, disease does not trade is allowed for Appendix I species. present a known threat to the crocodile CITES is a treaty established to monitor As explained in the original listing in Florida. international trade to prevent further (40 FR 44149), crocodile nest sites were decline in wild populations of plant or vulnerable to disturbance from D. The Inadequacy of Existing animal species. CITES permits may not increasing human activity because of Regulatory Mechanisms be issued if import or export of the the remoteness and difficulty of patrolling nesting areas. Human The Act currently provides protection species may be detrimental to the disturbance of crocodiles can cause for the American crocodile as an species’ survival, or if specimens are not them to abandon suitable habitat or endangered species, and these legally acquired. CITES does not disrupt reproduction activities (i.e., protections would not be significantly regulate take or domestic trade, so it females abandoning their nest sites). As reduced if it were reclassified to would not apply to take within Florida the American crocodile population and threatened. A more complete discussion or the United States. Reclassification of the human population in south Florida of applicable Federal regulations is the American crocodile in Florida from both grow, the number of human- included below (see ‘‘Available endangered to threatened will not affect crocodile interactions has increased Conservation Measures’’ section). In the species’ CITES status. Several other Federal regulations may (Tim Regan, FWC, personal addition to the Federal regulations provide protection for American communication 2002). However, described below, the National Park crocodiles or their habitat. Section 404 ongoing acquisition of important nesting Service has established regulations for of the Clean Water Act (33 U.S.C. 1344 and nursery sites and other additional general wildlife protection in units of et seq.) requires the issuance of a permit crocodile habitat by Federal, State, or the National Park System that prohibit from the U.S. Army Corps of Engineers local governments and implementation the taking of wildlife; the feeding, (Corps) for the discharge of any dredged of management plans on these publicly- touching, teasing, frightening or or fill material into waters of the United owned properties have improved intentional disturbing of wildlife States. The Corps may deny the protection to crocodile nests. nesting, breeding, or other activities; issuance of a permit if the project might Of the three core properties that and possessing unlawfully taken adversely affect wildlife and other support crocodile nesting (Everglades wildlife or portions thereof (36 CFR 2.2). natural resources. Also, sections 401 National Park, Crocodile Lake National The State of Florida provides legal and 403 of the Rivers and Harbors Act Wildlife Refuge, and Turkey Point protection for the American crocodile (33 U.S.C. 304 et seq.) prohibit the Nuclear Power Plant), only Turkey Point within the State. In 1967, the State of construction of bridges, roads, dams, has a management plan in place that Florida listed the crocodile as docks, weirs, or other features that specifically addresses the American ‘‘protected.’’ This status was revised in would inhibit the flow of water within crocodile. This plan calls for activities 1972, when the American crocodile was any navigable waterway. The Rivers and like road maintenance, vehicle access, listed as ‘‘endangered’’ under Chapter Harbors Act ensures the protection of and construction to be conducted in 68A–27 of the Florida Wildlife Code. estuarine waters from impoundment or important crocodile habitat only at Chapter 68A–27.003 of the Florida development and indirectly protects certain times or locations based on the Code, entitled ADesignation of natural flow patterns that maintain crocodile’s activity in order to reduce endangered species; prohibitions; crocodile habitat. In addition, the human disturbance at Turkey Point. In permits’ specifies that Ano person shall Federal agencies responsible for addition, Turkey Point is closed to pursue, molest, harm, harass, capture, ensuring compliance with the Clean access other than personnel who work possess, or sell’’ any of the endangered Water Act and the Rivers and Harbors at the facility. Both Everglades National species that are listed. Violation of these Act are required to consult with us if the Park and Crocodile Lake National prohibited acts can be considered a issuance of a permit may affect Wildlife Refuge, even without species- third degree felony, and is punishable endangered species or their designated specific management plans, have by up to 5 years in prison and a $10,000 critical habitat, under section 7(a)(1) of established rules that provide protection fine (Florida Statute 372.0725). At this the Endangered Species Act (see from disturbance to benefit the time, the FWC has no immediate plans ‘‘Available Conservation Measures’’ crocodile. At Everglades National Park, to change the American crocodile’s section below). This requirement protection from disturbance is based on status, regardless of whether or not the remains the same whether a species is guidelines for general public use, such Service reclassifies the species to listed as endangered or threatened. as instructions to stay on marked trails. threatened (P. Moler, FWC, personal The Fish and Wildlife Coordination Crocodile Lake National Wildlife Refuge communication 2004). The FWC also Act of 1958 (as amended), codified at 16 is generally closed to public access. currently operates under a cooperative U.S.C. 661 et seq. requires equal However, personnel conduct necessary agreement with us under section 6 of consideration and coordination of activities on the property in the Act that formalizes a cooperative wildlife conservation with other water consideration of crocodiles to reduce approach to the development and resources development. This statute disturbance. Activities conducted on or implementation of programs and allows us and State fish and game near the nesting sites are conducted

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during the non-breeding season in order human development as a potential Many of the recorded crocodile road to minimize crocodile disturbance. Both threat to the American crocodile kills are of adults, which may result Crocodile Lake National Wildlife Refuge population in Florida. Ongoing efforts to from the increased likelihood of large and Everglades National Park are restore the Everglades ecosystem and individuals being reported. We cannot preparing management plans that will restore a more natural hydropattern to accurately estimate the proportion of formalize ongoing actions and more south Florida will affect the amount of road-killed crocodiles that are reported. specifically address American freshwater entering the estuarine Therefore, it is difficult to accurately crocodiles (S. Klett, personal systems. Because growth rates of estimate the magnitude of this source of communication 2002, Skip Snow, hatchling crocodiles are closely tied to mortality or its effect on the population. Everglades National Park, personal the salinity in the estuaries, restoration However, all segments of the crocodile communication 2002). In addition, efforts will affect both quality and population in Florida have continued to Everglades National Park has been availability of suitable nursery habitat. grow despite this continuing mortality preparing a draft wilderness plan that Decreased salinity should increase factor. Signs cautioning drivers of the will benefit the crocodile mostly by growth rates and survival among risk of colliding with crocodiles have general prescribed changes in public use hatchling crocodiles. Proposed been posted along the major highways in portions of the Park. restoration activities in and around throughout crocodile habitat in south In addition to these core nesting sites, Taylor Slough and the C–111 canal are Florida. As discussed above, measures approximately 44 public properties, projected to increase the amount of that have been identified to help reduce managed as conservation lands by fresh water entering the estuarine road kill mortality include installing Federal, State, or county governments, system, and extend the duration of fencing in appropriate places to prevent provide potential habitat for crocodiles freshwater flow into Florida Bay (T. crocodiles from entering roadways and in south Florida. In addition, two other Dean, H. McSarry, P. Pitts, Service, installation of box culverts under privately-owned sites that are personal communication 2004). The roadways so that crocodiles can safely maintained as conservation lands or that addition of fresh water will also occur cross roads. conduct natural lands management throughout many of the tributaries and As the MSRP details, the success of provide potential crocodile habitat. A small natural drainages along the shore American crocodile nesting is largely total of 35 of these 46 properties operate of Florida Bay, instead of primarily from dependent on the maintenance of under current management plans. Only the mouth of the C–111 canal (T. Dean, suitable egg cavity moisture throughout two specifically mention management H. McSarry, P. Pitts, Service, personal incubation, and flooding may also affect actions intended to benefit the communication 2004). Salinities in nest success. On Key Largo and other American crocodile. However, other nesting areas, including Joe, Little islands, failure of crocodile nests is actions mentioned in management plans Madeira, and Terrapin Bays, are typically attributed to desiccation due to that will reduce disturbance to projected to be lower for longer periods low rainfall (Moler 1991b). Data crocodiles include restrictions on public than they currently are within this area compiled by Mazzotti and Cherkiss use, implementation of boat speed (based on alternative D13R hydrologic (2003) document an average of 47.5 limits (including areas of no-wake plan simulation—U.S. Army Corps of percent nest success from 1978 through zones), and prohibition of wildlife Engineers and South Florida Water 1999 (excluding 1991 and 1992 due to harassment. Managing potential Management District 1999). This lack of data) at Crocodile Lake NWR on human’crocodile conflicts remains an restoration project should increase the north Key Largo. Nest failures on the important factor in providing adequate amount and suitability of crocodile mainland may be associated with protection for and reducing disturbance habitat in northern Florida Bay, and flooding or desiccation (Mazzotti et al. to crocodiles. increase juvenile growth rates and 1988, Mazzotti 1989). In certain areas, The original proposed listing cites the survival (Mazzotti and Brandt 1995). flooding and over-drying affect nest risk of a hurricane or another natural Hydrological restoration may also success. Data compiled by Mazzotti and disaster as a serious threat to the affect crocodile habitat in Biscayne Bay. Cherkiss (2003) document an average of American crocodile population (40 FR Reductions in freshwater discharge will 64.4 percent nest success from 1970 17590). Hurricanes and freezing occur in the Miami River, Snake Creek, through 1999 at Everglades National temperatures may also kill some adult and central and south Biscayne Bay (H. Park (excluding 1975, 1976, 1983, 1984, crocodiles (Moler 1991a), but their McSharry, Service, personal and 1996 due to lack of data) and 98 susceptibility to mortality from extreme communication 2004). These projected percent nest success from 1978 through weather is poorly documented. These changes would appear to reduce habitat 1999 at Turkey Point Nuclear Power events still have the potential to quality in a portion of Biscayne Bay. Plant (excluding 1980 and 1982 due to threaten the historically restricted Consequently, the effect of the proposed lack of data). However, overall, the nesting distribution of the American hydrological modifications on the crocodile population in Florida has crocodile in south Florida. However, crocodile population in Biscayne Bay is more than doubled its size since it was increased nesting activity in western likely negative. However, over the entire listed to an estimated 500 to 1,000 Florida Bay, Cape Sable, and Turkey range of crocodile habitat that will be individuals and appears to be Point Nuclear Power Plant have affected by Everglades restoration, we compensating for these potential threats. broadened the nesting range. Nesting expect a benefit to the species. The final rule listing crocodiles did now occurs on the eastern, southern, Mortality of crocodiles on south not reference contaminants as a and southwestern portions of the Florida roads has consistently been the potential threat. However, several Florida peninsula. While a single storm primary source of adult mortality, and studies have shown that contaminants could still easily affect all portions of this trend has not changed (Mazzotti occur in American crocodiles in south the population, it is less likely now that and Cherkiss 2003). Road kills have Florida (Hall et al. 1979, Stoneburger the impact to all population segments occurred throughout the crocodile’s and Kushlan 1984, Mazzotti would be severe. range in Florida, but most have occurred unpublished data). Though we have no The original listing rule cited the on Key Largo and around Florida Bay, evidence that contaminants have restriction of the flow of freshwater to especially around Card and Barnes affected the crocodile population, we the Everglades because of increasing Sounds (Mazzotti and Cherkiss 2003). recognize that contaminants have been

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documented in crocodile eggs. properties have improved protection to illegal for any person subject to the Contaminants such as pesticides and crocodiles and crocodile nests. jurisdiction of the United States to take heavy metals may pose a threat to (includes harass, harm, and pursue, Available Conservation Measures crocodiles in south Florida at some hunt, shoot, wound, kill, trap, capture, levels, but we have not yet detected Two of the three primary nesting or collect; or to attempt any of these), them at the population level. A variety areas for American crocodiles in Florida import or export, ship in interstate of organochlorine pesticide residues occur on Federal conservation lands and commerce in the course of commercial (DDT, DDE, and Dieldrin, among are consequently afforded protection activity, or sell or offer for sale in others), and PCBs have been from development and large-scale interstate or foreign commerce any documented in crocodile eggs collected habitat disturbance. Crocodiles also listed species. It is also illegal to from south Florida (Hall et al. 1979). occur on a variety of State-owned possess, sell, deliver, carry, transport, or Acute exposure to pesticides and heavy properties, and existing State and ship any such wildlife that has been metals may result in death, while Federal regulations provide protection taken illegally. Certain exceptions apply prolonged exposure to lower on these sites. The fact that American to our agents and agents of State concentrations of organochlorines crocodile habitat is primarily wetlands conservation agencies. include liver damage, reproductive also assures the opportunity for We may issue permits to carry out failure, behavioral abnormalities, or conference or consultation on most otherwise prohibited activities deformities. Despite the fact that projects that occur in crocodile habitat involving threatened wildlife under contaminants have been documented in under the authorities described below. certain circumstances. Regulations crocodile eggs in south Florida, the Conservation measures provided to governing permits are codified at 50 crocodile population and nesting are species listed as endangered or CFR 17.32. Such permits are available increasing. Little information is known threatened under the Act include for scientific purposes, to enhance the at this time about what constitutes recognition, recovery actions, propagation or survival of the species, dangerous levels of these contaminants requirements for Federal protection, and and/or for incidental take in the course in crocodiles or other crocodilians. prohibitions against certain practices. of otherwise lawful activities. For We have carefully assessed the best Recognition through listing increases threatened species, permits also are scientific and commercial information public awareness of threats to the available for zoological exhibition, available regarding the past, present, American crocodile, and promotes educational purposes, or special and future threats faced by the conservation actions by Federal, State, purposes consistent with the purposes American crocodile in Florida in and local agencies, private of the Act. determining this proposed rule. Based organizations, and individuals. The Act Questions regarding whether specific on this evaluation, we have determined provides for possible land acquisition activities will constitute a violation of that the American crocodile in its range and cooperation with the State, and section 9 should be directed to Cindy in Florida meets the criteria of a DPS as requires that recovery actions be carried Schulz of the South Florida Ecological stated in our policy of February 17, 1996 out. The protection required of Federal Services Office (see ADDRESSES section). (61 FR 4722), and in regard to its status, agencies and the prohibitions against Requests for copies of the regulations the preferred action is to reclassify the taking and harm are discussed, in part regarding listed species and inquiries American crocodile in the Florida DPS below. about prohibitions and permits may be from an endangered species to a Section 7(a) of the Act, as amended, addressed to the U.S. Fish and Wildlife threatened species. The recovery plan requires Federal agencies to evaluate Service, Ecological Services Division, for the crocodile states that, ‘‘Based on their actions with respect to the 1875 Century Boulevard, Suite 200, the fact that the population appears American crocodile and its designated Atlanta, Georgia 30345 (telephone 404/ stable, and that all of the threats as critical habitat (41 FR 41914). 679–4176, facsimile 404/679–7081). described in the original listing have Regulations implementing this This proposed rule recommends a been eliminated or reduced, interagency cooperation provision of the change in status of the American reclassification of the crocodile will be Act are codified at 50 CFR part 402. If crocodile at 50 CFR 17.11, from possible, provided existing levels of a Federal action may affect the endangered to threatened. If made final, protection continue to be afforded to American crocodile or its designated this rule would formally recognize that crocodiles and their habitat, and that critical habitat, the responsible Federal this species is no longer in imminent management efforts continue to agency must enter into formal danger of extinction throughout all or a maintain or enhance the amount and consultation with us. Federal agency significant portion of its range in quality of available habitats necessary actions that may require consultation Florida. However, this reclassification for all life stages.’’ We believe based on with us include Corps of Engineers would not significantly change the our evaluation that the criteria for involvement in projects such as protection afforded this species under downlisting the American crocodile in residential development that requires the Act. Anyone taking, attempting to the Florida DPS have been met because: dredge/fill permits, the construction of take, or otherwise possessing an (1) The amount and quality of roads and bridges, and dredging American crocodile, or parts thereof, in crocodile habitat in Florida will projects. Power plant development and violation of section 9 would still be continue to be maintained or enhanced operation under license from the subject to a penalty under section 11 of sufficiently in order to provide Federal Energy Regulatory Commission/ the Act. Section 7 of the Act would still protection for all life stages of the Nuclear Regulatory Commission may continue to protect the American existing crocodile population and also require consultation with respect to crocodile from Federal actions that available habitat can support population licensing and re-licensing. might jeopardize its continued existence growth and expansion; and The Act and its implementing or destroy or adversely modify its (2) Acquisition of important nesting regulations set forth a series of general critical habitat. and nursery sites and other additional prohibitions and exceptions that apply If the crocodile is listed as threatened, crocodile habitat by Federal, State, or to all threatened wildlife. The recovery actions directed at the local governments and implementation prohibitions, codified at 50 CFR 17.21 crocodile would continue to be of management on these publicly-owned and 50 CFR 17.31, in part, make it implemented as outlined in the MSRP.

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The MSRP identifies actions that will The final decision on this proposed National Environmental Policy Act result in the recovery of the American rule will take into consideration the crocodile, including—(1) Determining comments and any additional We have determined that an the current distribution and abundance; information we receive, and such Environmental Assessment, as defined (2) protecting and enhancing existing communications may lead to a final under the authority of the National crocodile colonies; (3) conducting regulation that differs from this Environmental Policy Act of 1969, need research on the American crocodile’s proposal. not be prepared in connection with biology and life history; (4) monitoring The Act provides for one or more regulations adopted pursuant to section the south Florida crocodile population; public hearings on this proposal, if 4(a) of the Endangered Species Act of and (5) informing the public about the requested. We must receive requests 1973, as amended. We published a recovery needs of crocodiles. The MSRP within 45 days of the date of publication notice outlining our reasons for this also outlines restoration activities that of the proposal in the Federal Register. determination in the Federal Register should be undertaken to adequately Such requests must be made in writing on October 25, 1983 (48 FR 49244). restore the mangrove community that and be sent to the South Florida References Cited the crocodile occupies. These actions Ecological Services Office, 1339 20th include—(1) Protecting crocodile Street, Vero Beach, FL 32960. A complete list of all references cited nesting, basking, and nursery habitat; (2) Executive Order 12866 in this document, as well as others, is available upon request from the South managing and restoring suitable Executive Order 12866 requires crocodile habitat; (3) conducting Florida Ecological Services Office (see agencies to write regulations that are ADDRESSES section). research on the habitat relationships of easy to understand. We invite your the crocodile; (4) continuing to monitor comments on how to make this rule Author crocodile habitat; and (5) increasing easier to understand including answers public awareness of the habitat needs of to the following: (1) Is the discussion in The primary author of this document is Tylan Dean, Fish and Wildlife the crocodile. the SUPPLEMENTARY INFORMATION section Finalization of this proposed rule of the preamble helpful in Biologist (see ADDRESSES section). would not constitute an irreversible understanding the proposal?; (2) does List of Subjects in 50 CFR Part 17 commitment on our part. the proposal contain technical language Reclassification of the American or jargon that interferes with its clarity?; Endangered and threatened species, crocodile in Florida to endangered (3) does the format of the proposal Exports, Imports, Reporting and status would be possible if changes (grouping and order of sections, use of recordkeeping requirements, occur in management, population headings, etc.) aid or reduce its clarity; Transportation. status, and habitat or other actions and (4) what else could we do to make Proposed Regulation Promulgation detrimentally affect the population or the rule easier to understand? increase threats to its survival. Send a copy of any comments that We propose to amend part 17, concern how we could make this subchapter B of chapter I, title 50 of the Peer Review proposed rule easier to understand to Code of Federal Regulations, as follows: the Office of Regulatory Affairs, In accordance with our policy Department of the Interior, Room 7229, PART 17—[AMENDED] published on July 1, 1994 (59 FR 1849 C St., NW., Washington, DC 20240. 34270), we will seek the expert opinions 1. The authority citation for part 17 of at least three appropriate and Paperwork Reduction Act of 1995 (44 continues to read as follows: independent specialists regarding this U.S.C. 3501 et seq.) Authority: 16 U.S.C. 1361–1407; 16 U.S.C. proposed rule. The purpose of this This rule does not contain any new 1531–1544; 16 U.S.C 4201–4245; Pub. L. 99– review is to ensure that listing decisions collections of information for which 625, 100 Stat. 3500, unless otherwise noted. are based on scientifically sound data, Office of Management and Budget assumptions, and analyses. We will Approval is required under the 2. Amend § 17.11(h) by revising the send these peer reviewers copies of this Paperwork Reduction Act. An agency entry in the List of Endangered and proposed rule immediately following may not conduct or sponsor, and a Threatened Wildlife for ‘‘Crocodile, publication in the Federal Register. We person is not required to respond to, a American’’ under REPTILES to read as will invite these peer reviewers to collection of information, unless it follows: comment, during the comment period, displays a currently valid control on the specific assumptions and number. For additional information § 17.11 Endangered and threatened wildlife. conclusions regarding the proposed concerning permit and associated reclassification of the American requirements for threatened species, see * * * * * crocodile in Florida. 50 CFR 17.72. (h) * * *

Species Vertebrate popu- lation where When Critical Special Historic range endangered or Status listed habitat rules Common name Scientific name threatened

******* REPTILES

******* Crocodile, American .. Crocodylus acutus ... U.S.A. (FL), Mexico, Entire, except in E 10, 87, l NA NA Caribbean, Central U.S.A. (FL). and South Amer- ica.

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Species Vertebrate popu- lation where When Critical Special Historic range endangered or Status listed habitat rules Common name Scientific name threatened

Do ...... do ...... do ...... U.S.A. (FL) ...... T 10, 87, l 17.95(c) NA

*******

Dated: January 28, 2005. line the following document identifier: October 9, 1998. The licenses authorize Marshall P. Jones, Scallop 10. E-mail comments, with or their holders to catch and retain Acting Director, Fish and Wildlife Service. without attachments, are limited to 5 scallops in all waters off Alaska that are [FR Doc. 05–5640 Filed 3–23–05; 8:45 am] megabytes; open for scallop fishing. • BILLING CODE 4310–55–P Webform at the Federal eRulemaking Licenses based on the legal landings Portal: www.regulations.gov. Follow the of scallops harvested only from Cook instructions at that site for submitting Inlet (State Registration Area H) during DEPARTMENT OF COMMERCE comments; the qualifying period have a gear • Hand delivery to the Federal restriction endorsement that limited National Oceanic and Atmospheric Building, 709 West 9th Street, Room allowable gear to a single 6–foot (1.8 m) Administration 420A, Juneau, AK; dredge when fishing for scallops in any • Mail to P.O. Box 21668, Juneau, AK area. NMFS issued two licenses with 50 CFR Part 679 99802; or this gear endorsement. The purpose of • Fax to 907–586–7557. [I.D. 031705E] this gear restriction was to prevent Copies of Amendment 10 and the expansion in overall fishing capacity by RIN 0648–AS90 Environmental Assessment/Regulatory not allowing relatively small operations Impact Review/Initial Regulatory in Cook Inlet to increase their fishing Fisheries of the Exclusive Economic Flexibility Analysis (EA/RIR/IRFA) for capacity. The other seven licenses, Zone Off Alaska; License Limitation this action may be obtained from the based on the legal landings of scallops Program for the Scallop Fishery NMFS Alaska Region at the address harvested from other areas outside Cook above or from the Alaska Region website AGENCY: National Marine Fisheries Inlet during the qualifying period, have at http://www.fakr.noaa.gov/. Service (NMFS), National Oceanic and no gear endorsement, but are limited to Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT: two 15–foot (4.5 m) dredges under Commerce. Gretchen Harrington, phone: 907–586– existing state regulations. 7228 or e-mail: ACTION: Proposed rule; availability of an Since the LLP was implemented, the [email protected]. amendment to a fishery management Council found that the gear restriction plan; request for comments. SUPPLEMENTARY INFORMATION: The endorsement may create a Magnuson-Stevens Act requires that disproportionate economic hardship for SUMMARY: The North Pacific Fishery each regional fishery management those two LLP license holders with the Management Council (Council) has council submit any FMP amendment it endorsement when they fish in Federal submitted Amendment 10 to the Fishery prepares to NMFS for review and waters, especially in light of the state’s Management Plan for the Scallop approval, disapproval, or partial observer requirements and their Fishery off Alaska (FMP) for review by approval by the Secretary. The associated costs. In February 2004, the the Secretary of Commerce (Secretary). Magnuson-Stevens Act also requires Council developed a problem statement Amendment 10 would modify the gear that NMFS, upon receiving an FMP and four alternatives for analysis of endorsements under the license amendment, immediately publish a modifying or eliminating the gear limitation program (LLP) for the scallop notice in the Federal Register restriction for the two licenses affected fishery to increase the dredge size announcing that the amendment is by the gear restriction. allowed on vessels that qualify for the available for public review and In October 2004, the Council voted gear restriction endorsement. This comment. unanimously to recommend action is necessary to allow increased Beginning in 2001, NMFS required a Amendment 10 to change the single 6– participation by LLP license holders in Federal scallop LLP license on board foot (1.8 m) dredge restriction the scallop fisheries off Alaska. This any vessel deployed in the scallop endorsement to a gear restriction action is intended to promote the goals fisheries in Federal waters off Alaska. endorsement of two dredges with a and objectives of the Magnuson-Stevens The LLP was implemented through combined width of no more that 20–foot Fishery Conservation and Management approval of Amendment 4 to the FMP (6.096 m). This change would allow the Act (Magnuson-Stevens Act), the FMP, by the Secretary on June 8, 2000, and two LLP license holders with the and other applicable laws. the final rule implementing Amendment current gear endorsement to fish in DATES: Written comments on the 4 was published December 14, 2000 (65 Federal waters outside Cook Inlet with amendments must be received on or FR 78110). The LLP was established to larger dredges. The Council before May 23, 2005. limit harvesting capacity in the Federal recommended this change because it ADDRESSES: Send comments to Sue scallop fishery off Alaska. NMFS issued found that it is not economically viable Salveson, Assistant Regional a total of nine LLP licenses. Licenses for vessels to operate outside Cook Inlet Administrator, Sustainable Fisheries were issued to holders of either Federal with the existing gear restrictions. The Division, Alaska Region, NMFS, Attn: or state moratorium permits who used Council also concluded that, because of Lori Durall. Comments may be their moratorium permits to make legal changes to the fleet after the LLP was submitted by: landings of scallops in each of any two implemented due to the formation of a • E-mail to Scallop10–NOA–0648– calendar years during the period voluntary fishing cooperative, these two [email protected]. Include in the subject beginning January 1, 1996, through vessels could increase their capacity

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