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(C) Bridge and culvert replacement/ ADDRESSES: This final rule is available specialists to ensure that our removal projects that remove migration on the internet at http:// designation is based on scientifically barriers (e.g., collapsing, blocked, or www.regulations.gov and at http:// sound data, assumptions, and analyses. perched culverts) or generally allow for www.fws.gov/verobeach/. Comments We invited these peer reviewers to improved upstream and downstream and materials we received, as well as comment on our listing proposal. We movements of Kentucky arrow darters supporting documentation we used in also considered all other comments and while maintaining normal stream flows, preparing this rule, are available for information received during the preventing bed and bank erosion, and public inspection at http:// comment period. improving habitat conditions for the www.regulations.gov. Comments, Previous Federal Action species. materials, and documentation that we (D) Repair and maintenance of U.S. considered in this rulemaking will be Please refer to the proposed listing Forest Service concrete plank stream available by appointment, during rule for the Miami tiger beetle (80 FR crossings on the Daniel Boone National normal business hours at: U.S. Fish and 79533), published on December 22, Forest (DBNF) that allow for safe vehicle Wildlife Service, South Florida 2015, for a detailed description of passage while maintaining instream Ecological Services Office, 1339 20th previous Federal actions concerning this habitats, reducing bank and stream bed Street, Vero Beach, FL 32960; telephone species. We will also be proposing a erosion and instream sedimentation, 772–562–3909; facsimile 772–562–4288. designation of critical habitat for the Miami tiger beetle under the Act in the and improving habitat conditions for the FOR FURTHER INFORMATION CONTACT: near future. species. These concrete plank crossings Roxanna Hinzman, Field Supervisor, have been an effective stream crossing U.S. Fish and Wildlife Service, South Background structure on the DBNF and have been Florida Ecological Services Office, 1339 The discussion below incorporates used for decades. Over time, the planks 20th Street, Vero Beach, FL 32960, by can be buried by sediment, undercut revisions to the discussion in the telephone 772–562–3909 or by facsimile proposed listing rule for the Miami tiger during storm events, or simply break 772–562–4288. Persons who use a down and decay. If these situations beetle (80 FR 79533; December 22, 2015) telecommunications device for the deaf on taxonomy, distribution, and occur, the DBNF must make repairs or (TDD) may call the Federal Information replace the affected plank. population estimates and status based Relay Service (FIRS) at 800–877–8339. on internal and peer review and public * * * * * SUPPLEMENTARY INFORMATION: comments. Please refer to the proposed Dated: September 19, 2016. Executive Summary listing rule for discussion of the species’ Stephen Guertin, description, habitat, and biology. Why we need to publish a rule. Under Acting Director, U.S. Fish and Wildlife Taxonomy Service. the Endangered Species Act, a species [FR Doc. 2016–23545 Filed 10–4–16; 8:45 am] may warrant protection through listing Determining the taxonomy of a plant BILLING CODE 4333–15–P if it is endangered or threatened or animal and the relationship that this throughout all or a significant portion of plant or animal has with similar, closely its range. Listing a species as an related members of its taxon involves DEPARTMENT OF THE INTERIOR endangered or threatened species can the review of comparative morphology only be completed by issuing a rule. and descriptive characteristics, Fish and Wildlife Service The basis for our action. Under the geographic range and separation of Endangered Species Act, we may members, reproductive capabilities 50 CFR Part 17 determine that a species is an between members, and the genetic [Docket No. FWS–R4–ES–2015–0164; endangered or threatened species based distinctiveness between them. Together 4500030113] on any of five factors: (A) The present the available information is assessed to or threatened destruction, modification, determine the validity of a species. RIN 1018–BA16 or curtailment of its habitat or range; (B) The Miami tiger beetle (Cicindelidia overutilization for commercial, floridana Cartwright) is a described Endangered and Threatened Wildlife recreational, scientific, or educational species in the Subfamily Cicindelinae of and Plants; Endangered Species purposes; (C) disease or predation; (D) the Family Carabidae (ground beetles). Status for the Miami Tiger Beetle the inadequacy of existing regulatory Previously, tiger beetles were (Cicindelidia floridana) mechanisms; or (E) other natural or considered a separate family, but are AGENCY: Fish and Wildlife Service, manmade factors affecting its continued now classified as a subfamily of the Interior. existence. We have determined that the family Carabidae on the basis of recent ACTION: Final rule. threats to the Miami tiger beetle consist genetic studies and other characters of habitat loss, degradation, and (Bousquet 2012, p. 30). The Miami tiger SUMMARY: We, the U.S. Fish and fragmentation, and proposed future beetle is in the C. abdominalis group Wildlife Service (Service), determine development of habitat (Factor A); that also includes the eastern endangered species status under the collection, trade, and sale (Factor B); pinebarrens tiger beetle (C. Endangered Species Act of 1973 (Act), inadequate protection from existing abdominalis), scabrous tiger beetle (C. as amended, for the Miami tiger beetle regulatory mechanisms (Factor D); and a scabrosa), and Highlands tiger beetle (C. (Cicindelidia floridana), a beetle species small isolated population with a highlandensis). New treatments of tiger from Miami-Dade County, Florida. The restricted geographical range, limited beetles (Bousquet 2012, p. 30; Pearson et effect of this regulation will be to add genetic exchange, and restricted al. 2015, p. 138) have also elevated most this species to the Federal List of dispersal potential that is subject to of the previous subgenera of tiger Endangered and Threatened Wildlife demographic and environmental beetles to genera, resulting in a change and extend the Act’s protections to this stochasticity, including climate change of the genus of the tiger beetles in the species. and sea level rise (Factor E). C. abdominalis group from Cicindela to DATES: This rule becomes effective Peer review and public comment. We Cicindelidia. These genera were November 4, 2016. sought comments from independent originally proposed by Rivalier (1954,

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entire) and are widely used by European There are also noticeable differences in changes in the size of the land mass of scientists (Wiesner 1992, entire), but are the width of the apical lunule (crescent peninsular Florida during the considered subgenera by many shape), with the Miami tiger beetle’s Pleistocene Era (2.6 million years ago to American scientists. The return to being thin and the scabrous tiger 10,000 years ago) is thought to be the Rivalier’s system has also been beetle’s medium to thick. key factor in the very recent supported by genetic evidence (Pearson In addition, the Miami tiger beetle has evolutionary divergence and speciation et al. 2015, p. 16). a narrower, restricted range where its of the three Florida species from C. The four species in the Cicindelidia distribution does not overlap with the abdominalis (Knisley 2015a, p. 5; abdominalis group all share a small other three species in the C. Knisley 2015b, p. 4). body size (7–11 mm (0.28–0.43 in) long) abdominalis group (i.e., the Miami tiger Despite the apparent lack of genetic and orange underside, and they occur in beetle has only been documented in distinctiveness from the one non-peer- inland sandy habitats. The four beetles Miami-Dade County). The Miami tiger reviewed, limited genetic study, tiger maintain separate ranges along the U.S. beetle also occupies a unique habitat beetle experts and peer-reviewed east coast and exhibit a significant type (i.e., pine rockland versus scrub or scientific literature agree that, based on gradient in range size: The eastern open sand and barren habitat). These the morphological uniqueness, pinebarrens tiger beetle occurs from habitats also provide different larval geographic separation, habitat New York south along the coastal plain microhabitat, which has been specialization, and extended flight to north Florida; the scabrous tiger recognized as an important factor that season, the Miami tiger beetle warrants beetle is present throughout much of separates species (T. Schultz, 2016, species designation (Brzoska et al. 2011, peninsular Florida, south to Ft. pers. comm.). entire; Bousquet 2012, p. 313; Pearson et Lauderdale; the Highlands tiger beetle is Lastly, the Miami tiger beetle has a al. 2015, p. 138). The most current peer- restricted to the Lake Wales Ridge of broader period of adult activity than the reviewed scientific information Highlands and Polk Counties, Florida; ‘‘late spring to mid-summer’’ cycle that confirms that Cicindelidia floridana is a and the Miami tiger beetle is found only is observed in the scabrous tiger beetle full species, and this taxonomic change in Miami-Dade County, Florida. (Brzoska et al. 2011, p. 6) (see also is used by the scientific community The Miami tiger beetle was first Distribution, Habitat, and Biology (Brzoska et al. 2011, entire; Bousquet documented from collections made in sections, below). Adult Miami tiger 2012, p. 313; Pearson et al. 2015, p. 138; 1934, by Frank Young (see Distribution, beetles have been observed from early Integrated Taxonomic Information below). There were no observations after May through mid-October; this is an System (ITIS), 2016, p. 1). this initial collection, and the species unusually long flight period that The ITIS was created by a White was thought to be extinct until it was suggests either continual emergence or House Subcommittee on Biodiversity rediscovered in 2007, at the Zoo Miami two emergence periods (Brzoska et al. and Ecosystem Dynamics to provide Pine Rockland Preserve in Miami-Dade 2011, p. 6). In summary, the Miami tiger scientifically credible taxonomic County. The rediscovery of a Miami beetle is recognized as a distinct full information and standardized tiger beetle population provided species, based upon its differences in nomenclature on species. The ITIS is additional specimens to the 1934 morphology, distribution, habitat, and partnered with Federal agencies, collection and prompted a full study of seasonality (Brzoska et al. 2011, entire; including the Service, and is used by its taxonomic status, which elevated it Bousquet 2012, p. 313; Pearson et al. agencies as a source for validated to a full species, Cicindelidia floridana 2015, p. 138). taxonomic information. The ITIS Genetics information is also (Brzoska et al. 2011, entire). recognizes the Miami tiger beetle as a The Miami tiger beetle is commonly used to identify taxonomic valid species (ITIS, 2016, p. 1). Both the distinguished from the three other relatedness. Genetic analyses for the ITIS (2016, p. 1) and Bousquet (2012, p. species of the abdominalis group based Miami tiger beetle to date are limited to 313) continue to use the former genus, on: (1) Morphology (color, maculation one non-peer-reviewed study, and Cicindela (see discussion above). The (spots or markings), and elytral available techniques (e.g., genomics, Florida Natural Areas Inventory (FNAI) (modified front wing) microsculpture); which can better study the process of (2016, p. 16) and NatureServe (2015, p. (2) distribution; (3) habitat speciation) are evolving. A limited 1) also accepts the Miami tiger beetle’s requirements; and (4) seasonality genetic study using mitochondrial DNA taxonomic status as a species; however, (Brzoska et al. 2011, entire; Bousquet (mtDNA) suggested that the eastern 2012, p. 313; Pearson et al. 2015, p. pinebarrens tiger beetle, Highlands tiger FNAI uses the new generic designation, 138). This array of distinctive characters beetle, scabrous tiger beetle, and Miami Cicindelidia. In summary, although is comparable to the characters used to tiger beetle are closely related and there is some debate about the separate the other three species of the C. recently evolved (Knisley 2011a, p. 14). appropriate generic designation abdominalis group. As with other similar Cicindela groups, (Cicindelidia versus Cicindela), based Although color is often variable and these three sister species were not upon the best available scientific problematic as a sole diagnostic trait in clearly separable by mtDNA analysis information, the Miami tiger beetle is a tiger beetles, it is useful when combined alone (Knisley 2011a, p. 14). The power valid species. with other factors (Brzoska et al. 2011, of DNA sequencing for species Distribution p. 4). In comparison with the closely resolution is limited when species pairs related scabrous tiger beetle, the Miami have very recent origins, because in Historical Range tiger beetle has a green or bronze-green such cases new sister species will share The historical range of the Miami tiger elytra, rarely with a post median alleles for some time after the initial beetle is not completely known, and marginal spot, and without evidence of split due to persistence of ancestral available information is limited based a middle band, while the scabrous tiger polymorphisms, incomplete lineage on the single historical observation prior beetle has a black elytra, with a post sorting, or ongoing gene flow (Sites and to the species’ rediscovery in 2007. It median marginal spot, usually with a Marshall 2004, pp. 216–221; was initially documented from vestige of a middle band (Brzoska et al. McDonough et al. 2008, pp. 1312–1313; collections made in 1934 by Frank 2011, p. 6) (see Brzoska et al. 2011 for Bartlett et al. 2013, pp. 874–875). Young within a very restricted range in detailed description, including key). Changing sea levels and coincidental the northern end of the Miami Rock

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Ridge, in a region known as the Key in ENP have found no Miami tiger rockland habitat within this area Northern Biscayne Pinelands. The beetles, and habitat conditions are supports the species in its current Northern Biscayne Pinelands, which considered unsuitable for the species condition. extend from the city of North Miami (Knisley 2015a, p. 42; J. Sadle, 2015, Population Estimates and Status south to approximately SW. 216th pers. comm.). At this time, the Miami Street, are characterized by extensive tiger beetle is known to occur in only The visual index count is the standard sandy pockets of quartz sand, a feature two separate locations within pine survey method that has been used to that is necessary for the Miami tiger rockland habitat in Miami-Dade County. determine presence and abundance of beetle (Service 1999, p. 3–162). The type The Richmond population occurs on the Miami tiger beetle. Using this locality (the place where the specimen four contiguous parcels within the method, surveyors either walk slowly or was found) was likely pine rockland Richmond Pine Rocklands: (1) Zoo stand still in appropriate open habitats, habitat, though the species is now Miami Pine Rockland Preserve (Zoo while taking a count of any beetle extirpated from the area (Knisley and Miami) (293 hectares (ha); 723 acres observations. Although the index count Hill 1991, pp. 7, 13; Brzoska et al. 2011, (ac)), (2) Larry and Penny Thompson has been the most commonly used p. 2; Knisley 2015a, p. 7). The exact Park (121 ha; 300 ac), (3) U.S. Coast method to estimate the population size location of the type locality in North Guard property (USCG) (96 ha; 237 ac), of adult tiger beetles, various studies Miami was determined by Rob Huber, a and (4) University of Miami’s Center for have demonstrated it significantly tiger beetle researcher who contacted Southeastern Tropical Advanced underestimates actual numbers present. Frank Young in 1972. Young recalled Remote Sensing property (CSTARS) (31 As noted earlier, several studies collecting the type specimens while ha; 76 ac) (see Table 1 in Supporting comparing various methods for searching for land snails at the northeast Documents on http:// estimating adult tiger beetle abundance corner of Miami Avenue and Gratigny www.regulations.gov). The second have found numbers present at a site are Road (119th Street), North Miami. population, which was recently typically two to three times higher than Huber checked that location the same identified (September 2015) is within that produced by the index count year and found that a school had been approximately 5.0 km (3.1 mi) of the (Knisley and Schultz 1997, p. 15; built there. A more thorough search for Richmond population and separated by Knisley 2009, entire; Knisley and Hill sandy soil habitats throughout that area urban development (D. Cook, 2015a, 2013, pp. 27, 29). Numbers are found no potential habitat (Knisley and pers. comm.). Based on historical underestimated because tiger beetles are Hill 1991, pp. 7, 11–12). Although the records, current occurrences, and elusive, and some may fly off before contact with Young did not provide habitat needs of the species (see Habitat being detected while others may be habitat information for the type locality, section, below), the current range of the obscured by vegetation in some parts of a 1943 map of habitats in the Miami species is considered to be any pine the survey area. Even in defined linear area showed pine rockland with sandy rockland habitat (natural or disturbed) habitats like narrow shorelines where soils reaching their northern limit in the within the Miami Rock Ridge (Knisley there is no vegetation and high area of the type locality (Knisley 2015a, 2015a, p. 7; CBD et al. 2014, pp. 13–16, visibility, index counts produce p. 27), and Young’s paper on land snails 31–32). estimates that are two to three times made reference to pine rockland habitat Miami tiger beetles within the four lower than the numbers present (Young 1951, p. 6). Recent maps, contiguous occupied parcels in the (Knisley and Schultz 1997, p. 152). however, show that the pine rockland Richmond population are within close Information on the Richmond habitat has been mostly developed from proximity to each other. There are population size is limited because this area, and remaining pine rockland apparent connecting patches of habitat survey data are inconsistent, and some habitat is mostly restricted to sites and few or no barriers (contiguous and sites are difficult to access due to owned by Miami-Dade County in south border each other on at least one side) permitting, security, and liability Miami (Knisley 2015a, p. 7). between parcels. Given the contiguous concerns. Of the occupied sites, the In summary, it is likely that the habitat with few barriers to dispersal, most thoroughly surveyed site for adult Miami tiger beetle historically occurred frequent adult movement among and larval Miami tiger beetles is the Zoo throughout pine rockland habitat on the individuals is likely, and the occupied Miami parcel (over 30 survey dates from Miami Rock Ridge. Given the lack of Richmond parcels probably represent a 2008 to 2014) (Knisley 2015a, p. 10). recorded collection of the species for single population (Knisley 2015a, p. 10). Adult beetle surveys at the CSTARS and nearly 70 years, it may have always had Information regarding Miami tiger USCG parcels have been infrequent, and a localized distribution (Schultz, 2016, beetles at the new location is very access was not permitted in 2012 pers. comm.). limited, but beetles here are within through early summer of 2014. In approximately 5.0 km (3.1 mi) of the October 2014, access to both the Current Range Richmond population and separated by CSTARS and USCG parcels was The Miami tiger beetle was thought to ample urban development, which likely permitted, and no beetles were observed be extinct until 2007, when a represents a significant barrier to during October 2014 surveys. As noted population was discovered at the dispersal, and the Miami tiger beetles at earlier, Miami tiger beetles were Richmond Heights area of south Miami, the new location are currently recently found at Larry and Penny Florida, known as the Richmond Pine considered a second population. Thompson Park (D. Cook, 2015b, pers. Rocklands (Brzoska et al. 2011, p. 2; The Richmond population occurs comm.); however, thorough surveys at Knisley 2011a, p. 26). The Richmond within an approximate 2-square- this location have not been conducted. Pine Rocklands is a mixture of publicly kilometer (km2) (494-ac) block, but For details on index counts and larval and privately owned lands that retain currently much of the habitat is survey results from the three surveyed the largest area of contiguous pine overgrown with vegetation, leaving few parcels (Zoo Miami, USCG, and rockland habitat within the urbanized remaining open patches for the beetle. CSTARS), see Table 2 in Supporting areas of Miami-Dade County and Survey data documented a decline in Documents on http:// outside of the boundaries of Everglades the number of open habitat patches, and www.regulations.gov. National Park (ENP). Surveys and Knisley (2015a, pp. 9–10) estimated that Raw index counts found adults in observations conducted at Long Pine less than 10 percent of the mostly pine four areas (Zoo A, Zoo B, Zoo C, and

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Zoo D) of the Zoo Miami parcel. Two of the beetle than in the earlier surveys of Zoo B observed vegetation these patches (Zoo C and Zoo D) had (Knisley 2015a, p. 10). encroachment, as indicated by several of fewer than 10 adults during several Surveys of adult numbers over the the numbered tags marking larval surveys at each location. Zoo A, the years, especially the frequent surveys in burrows in open patches in 2010 more northern site where adults were 2009, did not indicate a bimodal adult covered by plant growth and leaf litter first discovered, had peak counts of 17 activity pattern (two cohorts of adults (Knisley 2015c, p. 1). No larvae were and 22 adults in 2008 and 2009, but emerge during their active season) observed in the January 2015 survey of declined to 0 and 2 adults in six surveys (Knisley 2015a, p. 10). Knisley (2015a, Zoo A (Knisley 2015c, p. 1). Knisley from 2011 to 2014, despite thorough p. 10) suggests that actual numbers of (2015c, p. 3) reported that the area had searches on several dates throughout the adult Miami tiger beetles could be two been recently burned (mid-November) peak of the adult flight season (Knisley to three times higher than indicated by and low vegetation was absent, resulting 2015a, pp. 9–10). Zoo B, located south the raw index counts. Several studies in mostly bare ground with extensive of Zoo A, had peak counts of 17 and 20 comparing methods for estimating pine needle coverage below trees, which population size of several tiger beetle adults from 2008 to 2009, 36 to 42 made the identification of previous species, including the Highlands tiger adults from 2011 to 2012, and 13 and 18 open patches with adults difficult. beetle, found total numbers present Surveys for the beetle’s presence adults in 2014 (Knisley 2015a, pp. 9– were usually more than two times that outside of its currently known occupied 10). These surveys at Zoo A and Zoo B indicated by the index counts (Knisley range found no Miami tiger beetles at a also recorded the number of suitable and Hill 2013, pp. 27–28). The total of 42 sites (17 pine rockland sites habitat patches (occupied and underestimates from raw index counts and 25 scrub sites) throughout Miami- unoccupied). Surveys between 2008 and are likely to be comparable or greater for Dade, Broward, Palm Beach, and Martin 2014 documented a decline in both the Miami tiger beetle, because of its Counties (Knisley 2015a, pp. 9, 41–45). occupied and unoccupied open habitat small size and occurrence in small open The absence of the Miami tiger beetle patches. Knisley (2015, pp. 9–10) patches where individuals can be from sites north of Miami-Dade was documented a decrease at Zoo A from obscured by vegetation around the probably because it never ranged 7 occupied of 23 patches in 2008, to 1 edges, making detection especially beyond pine rockland habitat of Miami- occupied of 13 patches in 2014. At Zoo difficult (Knisley 2015a, p. 10). Dade County and into scrub habitats to B, there was a decrease from 19 Surveys for larvae at the Zoo Miami the north (Knisley 2015a, p. 9). Sites occupied of 26 patches in 2008, to 7 parcel (Zoos A and B) were conducted without the Miami tiger beetle in occupied of 13 patches in 2014 (Knisley for several years during January when Miami-Dade County mostly had 2015a, pp. 9–10). Knisley (2015a, p. 10) lower temperatures would result in a vegetation that was too dense and were suggested this decline in occupied and higher level of larval activity and open lacking the open patches of sandy soil unoccupied patches is likely the result burrows (Knisley and Hill 2013, p. 38) that are needed by adults for oviposition of the vegetation that he observed (see Table 2 in Supporting Documents and larval habitat (Knisley 2015a, pp. 9, encroaching into the open areas that are on http://www.regulations.gov). The 41–45). required by the beetle. January 2010 survey produced a count The Miami tiger beetle is considered At the CSTARS site, the only survey of 63 larval burrows, including 5 first as one of two tiger beetles in the United during peak season was on August 20, instars, 36 second instars, and 22 third States most in danger of extinction 2010, when much of the potential instars (Knisley 2013, p. 4). All burrows (Knisley et al. 2014, p. 93). The viability were in the same bare sandy patches habitat was checked. This survey of the remaining population is where adults were found. In March unknown, as no population viability produced a raw count of 38 adults in 11 2010, a followup survey indicated most analysis is available (B. Knisley, 2015d, scattered habitat patches, with 1 to 9 second instar larvae had progressed to pers. comm.). The Florida Fish and adults per patch, mostly in the western the third instar (Knisley 2015a, p. 11). Wildlife Conservation Commission portion of the site (Knisley 2015a, p. Additional surveys to determine larval (FWC) (2012, p. 89) regarded it as a 10). Three surveys at the USCG distribution and relative abundance species of greatest conservation need. included only a portion of the potential during January or February in The Miami tiger beetle is currently habitat and produced raw adult counts subsequent years detected fewer larvae ranked S1 and G1 by the FNAI (2016, of two, four, and two adults in three in section Zoo B: 5 larvae in 2011, 3 p.16), meaning it is critically imperiled separate patches from 2009, 2010, and larvae in 2012, 3 and 5 larvae in 2013, globally because of extreme rarity (5 or 2011, respectively (Knisley 2015a, p. 3 larvae in 2014, and 15 larvae in 2015 fewer occurrences, or fewer than 1,000 10). Additional surveys of the CSTARS (Knisley 2013, pp. 4–5; Knisley 2015c, individuals) or because of extreme and the USCG parcels on October 14 to p. 1). The reason for this decline in vulnerability to extinction due to some 15, 2014, surveyed areas where adults larval numbers (i.e., from 63 in 2010, to natural or manmade factor. were found in previous surveys and 15 or fewer in each survey year from In summary, the overall population some new areas; however, no adults 2011 to 2015) is unknown. Possible size of the Miami tiger beetle is were observed. The most likely reasons explanations are that fewer larvae were exceptionally small and viability is for the absence of adults were because present because of reduced recruitment uncertain. Based upon the index count counts even during the peak of the flight by adults from 2010 to 2014, increased data to date, it appears that the two season were low (thus detection would difficulty in detecting larval burrows populations exist in extremely low be lower off-peak), and mid-October is that were present due to vegetation numbers (Knisley 2015a, pp. 2, 10–11, recognized as the end of the flight growth and leaf litter, environmental 24). season (Knisley 2014a, p. 2). As was factors (e.g., temperature, precipitation, noted for the Zoo Miami sites, habitat predators), or a combination of these Summary of Comments and patches at the CSTARS and USCG factors (Knisley 2015a, pp. 10–11). Recommendations parcels that previously supported adults Larvae, like adults, also require open In the proposed rule published on seemed smaller due to increased patches free from vegetation December 22, 2015 (80 FR 79533), we vegetation growth, and consequently encroachment to complete their requested that all interested parties these patches appeared less suitable for development. The January 2015 survey submit written comments on the

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proposal by February 22, 2016. We also initial discovery may indicate that it has on the best scientific data and contacted appropriate Federal and State always been very localized in its commercial data available. agencies, scientific experts and distribution. The Taxonomy section above organizations, and other interested Our Response: We have modified the discusses the taxonomic designation of parties and invited them to comment on language under Distribution above to the Miami tiger beetle. The most the proposal. Newspaper notices incorporate this statement regarding a currently peer-reviewed scientific inviting general public comment were localized distribution. information confirms that the Miami published in the Miami Herald. We held (4) Comment: One peer reviewer tiger beetle is a full species, and this a public hearing on January 13, 2016. stated that development in and around taxonomic designation is used by the Miami tiger beetle habitat will present a scientific community (Brzoska et al. Peer Reviewer Comments decline to habitat quality through runoff 2011, entire; Bousquet 2012, p. 313; In accordance with our peer review from structures. Pearson et al. 2015, p. 138; ITIS, 2016, policy published on July 1, 1994 (59 FR Our Response: We have modified p. 1; FNAI 2016, p. 16; NatureServe 34270), we solicited expert opinion Factor A below to incorporate this 2015, p. 1). The works referenced by from seven knowledgeable individuals information. commenters (Choate 1984 and 2003) with scientific expertise that included (5) Comment: One peer reviewer pre-date the rediscovery of the Miami familiarity with tiger beetles and their stated that the negative impact of tiger beetle in 2007 and do not include habitat, biological needs, and threats. pesticides may be increased with the the most currently accepted taxonomic We appreciate the responses received spread of the Zika virus. standing of the species. Prior to the from five of the peer reviewers. Our Response: We have incorporated rediscovery, the species had not been We reviewed all comments received this information under Factor E below. observed since its original collection in from the peer reviewers for substantive Comments From States 1934. Choate did not examine issues and new information regarding specimens of the Miami tiger beetle the listing of the Miami tiger beetle. All The Miami tiger beetle occurs only in when he synonymized it with the peer reviewers supported the Florida, and we received one comment scabrous tiger beetle (NatureServe 2015, endangered listing, and four of the five letter from the Florida Fish and Wildlife p. 1). specifically stated that the best available Conservation Commission (FWC). FWC Brzoska et al. (2011, entire) scientific information was used in the stated its plans to continue working established taxonomic criteria and did proposed listing. The peer reviewers with stakeholders to assess known and not intend for color and other concurred with our methods and potential Miami tiger beetle habitat, morphological features to be used in conclusions and provided additional conduct surveys, and advise on issues isolation as intended in the taxonomic information, clarifications, and relating to Miami tiger beetle criteria set. Color and maculation are suggestions to improve the final rule. conservation and habitat management. commonly used to identify tiger beetles, especially in combination with Peer reviewer comments are addressed Comments From the Public in the following summary and geographic range and habitat (Knisley incorporated into the final rule as During the comment period for the and Schultz 1997, pp. 5–10; Pearson et appropriate. proposed listing rule, we received a al. 2015, pp. 19–20). Color, (1) Comment: One peer reviewer total of 73 comments from local morphological features (post median recommended the immediate use of fire governments, nongovernmental marginal spot, middle band, and apical management in pine rockland habitat organizations, and private citizens. Of (apex, the top or highest part forming a for the Miami tiger beetle. these 73 comments, 65 indicated point) lunule (crescent-shaped), Our Response: We also recognize, as support of the proposed listing. We distribution, seasonality, and habitat discussed below (see Summary of appreciate all comments and have type of the Miami tiger beetle are only Factors Affecting the Species), the need incorporated them into the final rule or used in combination to differentiate it for better land management, including responded to them below, as from the scabrous tiger beetle (Brzoska the use of prescribed fire, additional appropriate. et al. 2011, entire), so minor overlap in survey and life-history data, further (6) Comment: Several commenters individual features, such as post median investigation into laboratory rearing for questioned the taxonomy as a result of marginal spot as noted by the possible reintroduction, more extensive Choate’s work, use of best scientific and commenters, is not necessarily a genetic analysis, and designation of commercial data, morphological uniquely identifying feature until taken critical habitat. characteristics, and seasonality of the into consideration with the other (2) Comment: One peer reviewer Miami tiger beetle. identifying factors. stated that one of the most relevant Our Response: In accordance with Regarding color, all specimens of the ecological factors that separate tiger section 4 of the Act, we are required to Miami tiger beetle observed by Brzoska beetle species is soil type and make listing determinations on the basis et al. (2011, entire) were bright metallic microhabitat of the larvae, and the of the best scientific and commercial green dorsally on the head, pronotum, limestone substrate of the Miami tiger data available. Further, our Policy on and elytron, while the scabrous tiger beetle as opposed to the sandy habitats Information Standards under the Act beetle is metallic black dorsally, with of the scabrous tiger beetle (C. scabrosa) (published in the Federal Register on only a few individuals having a greenish reflect subsequent adaptation to a local July 1, 1994 (59 FR 34271)), the head and pronotum (prominent plate- habitat following a geographic Information Quality Act (section 515 of like structure that covers all or part of separation. the Treasury and General Government the thorax). Likewise, no Miami tiger Our Response: We have modified the Appropriations Act for Fiscal Year 2001 beetles had a thick lunule or a middle language under Taxonomy above to (Pub. L. 106–554; H.R. 5658)), and our band. This suite of characteristics incorporate this statement regarding associated Information Quality identified by Brzoska et al. (2011, larval microhabitat. Guidelines (www.fws.gov/ entire), clearly differentiate the Miami (3) Comment: One peer reviewer informationquality/), provide criteria tiger beetle from the scabrous tiger stated that the lack of collection of the and guidance, and establish procedures beetle. Since Brzoska et al. (2011, Miami tiger beetle for decades after its to ensure that our decisions are based entire), there has been no debate in the

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scientific literature about the taxonomic factors available. The identifying criteria consideration of exclusion of areas from characters used to identify the Miami that clearly define the sister species critical habitat under section 4(b)(2) of tiger beetle as a species, and to our used in the genetic study (Choate 1984, the Act, when in the process of knowledge all literature since Brzoska et entire; Brzoska et al. 2011, entire) have designating critical habitat for a species. al. (2011, entire) recognize it as a valid been peer reviewed and are accepted in As discussed below (see Critical species (Bousquet 2012, p. 313; Pearson the scientific literature (Bousquet 2012, Habitat), we have found that critical et al. 2015, p. 138; ITIS 2016, p. 1; FNAI p. 313; Pearson et al. 2015, p. 138; ITIS habitat is not determinable at this time. 2016, p. 16; NatureServe 2015, p. 1). 2016, p. 1; FNAI 2016, p. 16; The Distribution section, above, Finally, we agree that there is some NatureServe 2015, p. 1). As suggested by discusses the historical and current overlap in the adult activity period one peer reviewer, an analysis using range of the Miami tiger beetle. between the Miami tiger beetle and its nuclear DNA, with multiple different Additionally, we are continuing to closely related sister species, the genes, instead of the two that were used study and define the specificity in range scabrous tiger beetle; however, the adult in the genetic analysis, may be more and habitat boundaries for the Miami flight season for the Miami tiger beetle useful in the case of these closely tiger beetle. extends into October, while that of the related sister species. (10) Comment: One commenter stated scabrous tiger beetle, which is far more (8) Comment: Five commenters that the proposed rule did not widespread and has been collected on a provided information on observations of appropriately capture the single-season more routine basis, does not. The Miami Miami tiger beetles at the following survey data points collected by Miami- tiger beetle has been observed during locations: University of Miami, Zoo Dade County and Fairchild Tropical October surveys for three separate years Miami, Larry and Penny Thompson Botanic Garden, which provide some (2008, 2009, and 2011). Seasonality is Park, Gold Coast Railroad Museum, U.S. perspective on the population of the only one of several factors used to Coast Guard, and an undisclosed Miami tiger beetle in the Richmond Pine differentiate the Miami tiger beetle from location, miles away from the Richmond Rocklands. the scabrous tiger beetle. Pine Rocklands. Our Response: We received the survey (7) Comment: Three commenters Our Response: The proposed rule data points collected by Miami-Dade stated that the genetic study on the listed the Miami tiger beetle as County and others on January 29, 2016, Miami tiger beetle should not be occurring on Zoo Miami, the University after the proposed listing rule rejected. of Miami CSTARS Campus, Larry and publication on December 22, 2015. Our Our Response: We agree that distinct Penny Thompson Park, the U.S. Coast description of the species’ extant differences in DNA can be helpful in Guard, and an undisclosed location occurrences within the Richmond Pine delineating species. The single genetic within approximately 5 km (3 mi) of the Rocklands in the Distribution section study that is available on the Miami Richmond Pine Rocklands. The Gold above is consistent with the new data tiger beetle was used in the listing Coast Railroad Museum was not presented to us by Miami-Dade County determination process and is discussed included in the proposed rule because (i.e., the Miami tiger beetle is known in Taxonomy above. This genetic study it is the first reported observation of from four contiguous parcels within the concluded that the Miami, Highlands, Miami tiger beetles. Since receiving this Richmond Pine Rocklands: Zoo Miami scabrous, and eastern pinebarrens tiger information, we have searched scientific Pine Rockland Preserve, Larry and beetles are all closely related, recently and commercial data to validate this Penny Thompson Park, University of evolved, and not clearly separable by location. The Gold Coast Railroad Miami’s Center for Southeastern the mtDNA analysis conducted. This Museum parcel is within close Tropical Advanced Remote Sensing, finding is not uncommon among closely proximity to known occupied sites and U.S. Coast Guard). related Cicindela groups (Woodcock and within the Richmond Pine Rocklands. (11) Comment: One commenter stated Knisley 2009, entire; Knisley 2011a, p. Because of the contiguous habitat with that we incorrectly reported that no 14). The lack of genetic distinctiveness few barriers to dispersal, many of the robber flies have been observed in areas in the study does show that the mtDNA parcels within the Richmond Pine where the Miami tiger beetles occur. markers used (cytochrome b and Rocklands are suitable or potentially Our Response: We have revised cytochrome oxidase subunit 1) were not suitable for the Miami tiger beetle. Factor C below to include observations in agreement with the morphological, (9) Comment: Two commenters of potential predators, such as robber seasonal, ecological, and geographic expressed concern that the proposed flies. criteria that have been used to identify rule lacked specificity in range or (12) Comment: One commenter the species (Choate 1984, entire; habitat boundaries for the Miami tiger recommended 12 pine rockland sites Brzoska et al. 2011, entire), but this beetle, which presents uncertainty for throughout Miami-Dade County be finding is not necessarily an indication anyone planning development within thoroughly surveyed for the Miami tiger that they are not separate species. the range of the species. So that the beetle. Determining the taxonomy of a economic consequence of the rule can Our Response: We support further species and its evolutionary be appropriately evaluated, one surveys for the species at sites relationships with similar, closely commenter requested that the Service throughout Miami-Dade County and related members of its taxon involves collect more survey data to better appreciate the list provided of areas to the review of comparative morphology delineate habitat boundaries and make target. and descriptive characteristics, this data available for review and (13) Comment: Two commenters geographic range and separation of comment, prior to publication of a final stated that the range of the Miami tiger members, reproductive capabilities rule. beetle is unknown and improperly between members, and the genetic Our Response: Under the Endangered assumed to be limited. Both questioned distinctiveness between them. Together Species Act, listing determinations must why we did not reference Choate’s the available information is assessed to be made based on the best available (2003) field guide, which lists the determine the validity of a species. This scientific and commercial information. scabrous tiger beetle as occurring in determination is not based on any one Economic and other potential impacts Miami-Dade County. single factor in isolation, but rather on are not considered in the listing Our Response: Since Choate’s the weight of evidence from the suite of determination, but rather in the published work considered the Miami

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tiger beetle a synonym for the scabrous trees and sandy soils. While this Our Response: This topic, including tiger beetle, then it is logical that he information is not irrefutable proof that EELs, is addressed under Factor D listed the distribution as within Miami- it was pine rockland habitat, this area is below. Because Miami-Dade County’s Dade County. We used the more recent consistent with the habitat type at the Natural Forested Communities (NFCs) publication by Brzoska et al. (2011, known currently occupied locations. designation allows for partial entire) that elevated the Miami tiger (16) Comment: One commenter stated development of pine rockland habitat beetle to species and is widely accepted that data do not support the conclusion and there is known unpermitted in the scientific literature (Bousquet that collection is a threat to the Miami development and destruction of pine 2012, p. 313; Pearson et al. 2015, p. 138; tiger beetle. rockland that continues to occur, the ITIS 2016, p. 1; FNAI 2016, p. 16; Our Response: Based on data from regulation is not fully protective against NatureServe 2015, p. 1). other insects, including tiger beetles, we loss of Miami tiger beetles or their (14) Comment: Two commenters consider collection to be a significant habitat. The county’s EELs program stated that the surveying efforts have threat to the Miami tiger beetle in light funds the acquisition and maintenance been inadequate to conclude that the of the few known remaining of pine rockland habitat. Because these Miami tiger beetle is rare. populations, low abundance, and highly lands are not burned as frequently as Our Response: Surveys (during the restricted range. Since publication of the needed to maintain suitable beetle summers of 2008 and 2010) for the proposed rule, we have received habitat, they are not included in the Miami tiger beetle have included 42 information on known unpermitted discussion under Factor A, sites (17 pine rockland sites and 25 collection of Miami tiger beetles (Wirth, Conservation Efforts to Reduce the scrub sites) throughout Miami-Dade, 2016a, pers. comm.). This new Present or Threatened Destruction, Broward, Palm Beach, and Martin information is incorporated under Modification, or Curtailment of Habitat Counties (Knisley 2015a, pp. 9, 41–45). Factor B below. or Range. We have incorporated this To date, the Miami tiger beetle is known (17) Comment: One commenter clarification into the final rule under to occur in only two small populations: expressed concern that disease and Factor D below. The Richmond Pine Rocklands and an predation was not identified as a threat (20) Comment: One commenter stated undisclosed pine rockland within 5 km for the Miami tiger beetle. that listing could be counter-productive (3.1 mi) of the Richmond population Our Response: This topic is addressed to conducting valuable prescribed burns and separated by urban development. under Factor C. below. We concluded and habitat management by the Florida Limitations to surveys are noted above that potential impact from predators or Forest Service. in Population Estimates and Status. parasites to the Miami tiger beetle is Our Response: We agree that habitat (15) Comment: Four of the comments unknown at this time, and, therefore it management, including fire break and received raised a question about the was not identified as a threat in the trail maintenance, prescribed fire, and habitat of the type locality. listing determination. However, Factor mechanical and chemical treatment, is Our Response: The original C below has been updated to include highly valuable for the Miami tiger description of the Miami tiger beetle new observations on potential predators beetle, but disagree that listing could be (Cartwright 1939, p. 364) provided no at a location known to have Miami tiger counter-productive to implementing detailed information regarding habitat beetles. prescribed burns or other habitat type, other than being in Miami, (18) Comment: One commenter stated management activities by the Florida Florida. Based on later correspondence that existing regulatory mechanisms are Forest Service. The Act requires us to between tiger beetle researchers and the adequate to protect the Miami tiger make a determination using the best collector of the type specimen, the beetle, citing existing critical habitat for available scientific and commercial data general area of the collection was other listed species. after taking into account those efforts, if narrowed down to the vicinity of Our Response: These topics are any, being made by any State, or any Gratigny Road and present-day Barry discussed under Factor D below. The political subdivision of a State to protect University (Brzoska et al. 2011, pp. 1– Miami tiger beetle is far rarer (i.e., fewer such species, whether by predatory 2). This general area was just north populations with fewer individuals control, protection of habitat and food (approximately 2.2 km (1.4 mi)) of the within a limited distribution) than any supply, or other conservation practices, northern extent of the pine rocklands on of the other listed species with critical within any area under its jurisdiction. the Miami Rock Ridge in the 1940s habitat that occur within pine rocklands Further, the listing of a species does not (Davis 1943, entire), approximately 10 in Miami-Dade County. As an unlisted obstruct the development of years after the collection from the type species, the Miami tiger beetle is conservation agreements or partnerships locality. In the 1980s and 1990s, afforded limited protection from to conserve the species. Once a species collectors did look for the species in this sections 7 and 10 of the Act based on is listed as either endangered or general location, but this area was fully its co-occurrence with listed species or threatened, the Act provides many tools developed, with no remaining natural their critical habitat; however, effects to advance the conservation of listed habitat. Based on the habitat types of the determinations and minimization and species. Conservation of listed species other closely related Cicindelidia that avoidance criteria for any of these listed in many parts of the United States is occur in Florida, it was assumed that species are unlikely to be fully dependent upon working partnerships the Miami tiger beetle, too, likely protective. Critical habitat designations with a wide variety of entities, occupied scrub habitats. The species for other species also would not afford including the voluntary cooperation of was then rediscovered in 2007 from the beetle protections from take. non-Federal landowners. pine rockland habitat. Based on (19) Comment: One commenter stated (21) Comment: One commenter stated historical photos and documents on that Miami-Dade County’s regulatory that the best available science does not Barry University (http://www.barry.edu/ and land protection programs protect indicate that few, small, isolated about/history/historic-photo-tour/ Miami tiger beetle habitat. The populations are a threat for the Miami [accessed April 27, 2016]; Rice 1989, pp. commenter also specified that county’s tiger beetle. They concluded that the 7, 10), there is evidence that the land Environmentally Endangered Lands Miami tiger beetle can persist in the currently occupied by Barry University (EELs) program should be included long term with relatively small had pine habitat with abundant pine under Factor A. populations, and that we fail to explain

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why the Miami tiger beetle requires a by one peer reviewer (see peer review 79533, December 22, 2015; page 79540), different population target than other comment (5) above). In addition, if the which states that the two known beetles. Miami tiger beetle was found to occur populations of the Miami tiger beetle Our Response: We acknowledge that on habitat that is not protected by the occur within the Richmond Pine populations of some tiger beetle species butterfly’s critical habitat, then exposure Rocklands. (e.g., northeastern beach, puritan, and is possible. This topic is discussed Our Response: We acknowledge that Highlands tiger beetles) are able to under Factor E, below. this was an editorial error, as the Miami persist with low population size, while Regarding the Service not disclosing a tiger beetle is known from two other populations (e.g., Coral Pink Sand differing opinion by Knisley (2014), it is populations, only one of which is found Dunes tiger beetles) have been unclear which Knisley (2014) opinion is within the Richmond Pine Rocklands. extirpated. One peer reviewer stated referenced by the commenter. The We have revised this text under Factor that, given the small population sizes, supplemental documents provided by A, below. the Miami tiger beetle could be the commenter do not include a Knisley (25) Comment: One commenter stated extirpated by environmental (2014) reference that addresses that the proposed listing rule failed to fluctuations. Another peer reviewer pesticides. Knisley’s (2015a, pp. 15–16) present the positive examples of using stated that the vulnerability of the species assessment on the Miami tiger prescribed fire in an urban landscape in Miami tiger beetle is clearly established beetle, which was modified from a citations from Snyder and URS. The in the proposed rule due to the few Service species assessment, identified commenter pointed out that the URS remaining small populations and little pesticides as a potential threat. citation discussed the necessity of remaining habitat. Given that the Miami (23) Comment: One commenter stated prescribed fire to avoid catastrophic risk tiger beetle is known only from two that our analysis on the threat of climate to surrounding property, including remaining isolated populations with few change failed to present evidence on homes, and even loss of life. individuals, any significant decrease in how the Miami tiger beetle is affected, Our Response: We have incorporated the population size could easily result since it has survived operations of a these concepts under Factor A below. in extinction of the species. This issue former naval air station, hurricanes, and (26) Comment: One commenter stated is discussed under Factor E, below. operations by Zoo Miami. In addition, that the Service has been presented with The proposed rule set no specific the commenter stated that, under most the boundary limits of the proposed population target for the Miami tiger climate change predictions, Miami-Dade Miami Wilds development. beetle. The species is considered rarer County’s efforts should protect the pine Our Response: We agree that the than any of the listed tiger beetle species rockland habitat from saltwater proposed boundary limits of the (Knisley et al. 2014, p. 106). In an intrusion and must be included as the proposed Miami Wilds development evaluation on the status of 62 tiger best available data. have been presented to us. However, the beetles in the United States, the Miami Our Response: We agree that the statement in the proposed rule under tiger beetle was considered as one of Miami tiger beetle has survived Factor A, below, that plans have yet to two tiger beetles most in danger of operations of a former naval air station, be finalized, is accurate, since no formal extinction (Knisley et al. 2014, p. 93). hurricanes, and operations by Zoo review of the project has been initiated Florida Natural Areas Inventory (2016, Miami; however, we do not know the by the proposed applicant. p. 16) considered the species extremely impact of these events on the Miami (27) Comment: One commenter vulnerable to extinction. One peer tiger beetle, because no surveys were expressed concern that routine reviewer stated that the Miami tiger conducted until after its rediscovery in operational maintenance in existing and beetle is probably the most endangered 2007. All of the projected climate potential future transmission and species of tiger beetle in North America. change scenarios indicate negative distribution right-of-ways (ROW), such Survey data to date indicate that the two effects on pine rockland habitat as but not limited to vegetation populations exist in extremely low throughout Miami-Dade County. This management and power restoration, numbers. This topic is discussed under includes everything from rising may be limited or hindered. The Population Estimates and Status above. temperatures, increased storm frequency commenter requested that ‘‘utilities (22) Comment: One commenter stated and severity, changes in rainfall development’’ be excluded from the that pesticide exposure in the Richmond patterns, rising sea levels, and ‘‘coastal section 9 prohibited actions and that Pine Rocklands is largely mitigated by squeeze,’’ which occurs when the language be added indicating that current efforts to protect the Bartram’s habitat is pressed between rising sea permits will not be required for ROW scrub-hairstreak butterfly. The levels and coastal development. Even maintenance activities. commenter states that we fail to present before projected inundation, pine Our Response: This type of request the differing opinion on pesticides from rocklands are likely to undergo can be covered under a rule issued Knisley (2014). transitions including increased salinity under section 4(d) of the Act, which Our Response: We acknowledge that in the water table and soils, which allows for some ‘‘take’’ of a threatened Miami-Dade Mosquito Control’s would cause vegetation shifts and species when the overall outcome of the (MDMCs) recent implementation of potential impacts to the beetle. This allowed actions are ‘‘necessary and truck-based spray buffers around critical issue is addressed in Factor E below. advisable to provide for the habitat for the Bartram’s scrub- The commenter did not provide a conservation of the species.’’ However, hairstreak butterfly have greatly reduced reference to support its statement that a special rule may not be promulgated pesticide exposure to the Miami tiger Miami-Dade County’s efforts should for species listed as endangered, such as beetle, and mosquito control is currently protect the pine rockland habitat from the Miami tiger beetle. not considered a major threat for the saltwater intrusion. Based on the best We strongly encourage that anyone known populations at this time. available scientific and commercial data conducting activities, including utilities However, the current spray buffers are available, we consider climate change a development and maintenance on lands not regulations and are subject to threat to the Miami tiger beetle. potentially supporting Miami tiger change based on human health (24) Comment: One commenter beetles to consult with the Service on concerns, which is likely with the identified an editorial error under their activities to ensure they do not spread of the Zika virus as pointed out Factor A of the proposed rule (80 FR jeopardize the continued survival and

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recovery of the beetle and that under section 4 of the Act (16 U.S.C. (1) We included larval microhabitat as incidental take may be authorized. The 1533), because the proposed an important factor to differentiate Miami tiger beetle is one of several development of Coral Reef Commons is species. federally listed species that occurs in within suitable Miami tiger beetle (2) We revised the historical range of Miami-Dade County. Consultation could habitat and, therefore, must be included the Miami tiger beetle as possibly be done on a programmatic basis for in an analysis of the threatened localized considering the lack of power restoration and routine destruction of habitat. collection for nearly 70 years. maintenance of ROWs for all listed (31) Comment: Two commenters (3) We updated literature citations to species. questioned the peer review of those most currently available and (28) Comment: Three comments documents used in the proposed listing replaced and removed citations from received addressed the FWC’s biological rule, the reliance on the work of Dr. Duran and Gwiazdowski (in status review of the Miami tiger beetle. Barry Knisley, and the affiliation preparation) and Spomer (2014, pers. Two of the comments questioned how between Dr. Knisley and one of the comm.), respectively. the FWC and Service would coordinate petitioners. efforts. One of the commenters stated In the Summary of Factors Affecting Our Response: Dr. Knisley is regarded the Species section: that the FWC should take the lead as one of the nation’s foremost experts without duplication of efforts at the on tiger beetles generally (e.g., has (4) We included run-off from potential Federal level. (co)authored 58 publications including development as a threat to habitat Our Response: It is our policy to 3 books on tiger beetles) and the Miami quality. coordinate with the FWC on all tiger beetle specifically, and he has (5) We included discussion of the proposed and final listings, and we will performed the vast majority of research Zika virus under the potential for continue to do so for all future actions. on the Miami tiger beetle, including pesticide exposure. As stated in the Previous Federal extensive surveys under contract with (6) We included new observations of Actions section of the proposed rule, the the Service. Thus, the heavy reliance on robber fly species in Miami tiger beetle Service was petitioned to list the Miami his work in the listing rule is fully habitat. tiger beetle. The Service’s listing process appropriate. Christopher Wirth, one of and the Commission’s biological status (7) We revised wording related to the the petitioners, was a former student review are two separate and location of the two known Miami tiger and research assistant under Dr. independent actions. However, we have beetle populations. Knisley; however, Dr. Knisley is not incorporated language under Factor D (8) We added a citation and text included as one of the petitioners. As below to reflect that the FWC was pertaining to the necessity of fire to noted by the commenters, Dr. Knisley requested to undertake a biological maintain pine rockland habitat. has stated that his research focuses on status review on the Miami tiger beetle (9) We included the State of Florida’s the conservation of rare tiger beetles and and is currently doing so. biological status review of the Miami unique natural areas. There is no basis (29) Comment: One commenter tiger beetle. or evidence to support the commenters’ requested that any underlying data that (10) We included new information on were used in the proposed rule (e.g., claims of bias on Dr. Knisley’s part. (32) Comment: Two commenters known collection of the Miami tiger field notes; photographs with notes on beetle. use of lighting, equipment, filters, or claim that photographs published in (11) We included text regarding adjustments; any statistical analyses, Brzoska et al. (2011, entire) appear to be maintenance of EELs lands within collection, and laboratory data from digitally enhanced and, if so, must be Miami-Dade County. genetic work; and peer review fully disclosed. One of these comments from Brzoska et al. (2011)) be commenters also presents pictures of (12) We made minor editorial changes included in a re-publication of the the Miami and scabrous tiger beetles in verb tense, language clarification, and proposed rule. from the Florida State Collection of redundant word usage. Arthropods (FSCA) and claims there are Our Response: In rulemaking Summary of Factors Affecting the no discernible differences other than decisions under the Act, the Service Species makes available all cited literature used color. that is not already publicly available. Our Response: Photographs of Section 4 of the Act and its We post grey literature, information specimens in Brzoska et al. (2011, implementing regulations at 50 CFR part from States, or other unpublished entire) were taken by Christopher Wirth. 424 set forth the procedures for adding resources on http://www.regulations.gov He has informed us that the species to the Federal Lists of concurrent with the Federal Register photographs were not digitally Endangered and Threatened Wildlife publication. enhanced, and rely only on reflected and Plants. Under section 4(a)(1) of the (30) Comment: One commenter stated flash lighting (Wirth, 2016b, pers. Act, we may list a species based on any that it was inappropriate to make comm.). In regard to the photographs of the following five factors: (A) The references to the Coral Reef Commons taken from the FSCA, it appears that the present or threatened destruction, proposed development and habitat Miami and scabrous tiger beetles not modification, or curtailment of its conservation plan (HCP) in the only differ in coloration, but also the habitat or range; (B) overutilization for proposed rule. presence of a medial spot and thicker commercial, recreational, scientific, or Our Response: Under Factor A below apical lunule (crescent shape) in the educational purposes; (C) disease or we discuss the threat of proposed scabrous tiger beetle. predation; (D) the inadequacy of development in the Richmond Pine existing regulatory mechanisms; and (E) Summary of Changes From the Rocklands, but we do not directly use other natural or manmade factors Proposed Rule the name ‘‘Coral Reef Commons.’’ affecting its continued existence. Listing Information about this proposed Based on information we received in actions may be warranted based on any development was cited using the peer review and public comments, we of the above threat factors, singly or in publicly available draft HCP. This made the following changes: combination. Each of these factors is discussion is appropriate and required In the Background section: discussed below:

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Factor A. The Present or Threatened population/publications/measuring- tiger beetle (along with other federally Destruction, Modification, or population-density-counties-florida listed and proposed species and Curtailment of Its Habitat or Range [accessed May 18, 2016]), and habitats) as occurring within the project The Miami tiger beetle is threatened development and human population footprint, and expressed concern over by habitat loss and modification caused growth are expected to continue in the indirect impacts (e.g., the ability to by changes in land use and inadequate future. By 2025, Miami-Dade County is conduct prescribed fire within the land management, including the lack of predicted to near or exceed a population Richmond Pine Rocklands). Based upon prescribed burns and vegetation (native size of 3 million people (Rayer and applicant plans received in May 2015, Wang 2016, p. 7). This predicted the proposed project will contain a and nonnative) encroachment economic and population growth will variety of commercial, residential, and (discussed separately below). Habitat further increase demands for land, other development within loss and modification are expected to water, and other resources, which will approximately 56 ha (138 ac) (Ram continue and increase, affecting any undoubtedly exacerbate the threats to 2015, p. 4). It is unknown if the Miami populations on private lands as well as the survival and recovery of the Miami tiger beetle occurs on the proposed those on protected lands that depend on tiger beetle. development site, as only one limited management actions (i.e., prescribed Remaining habitat is at risk of survey has been conducted on a small fire) where these actions could be additional losses and degradation. Of portion (approximately 1.7 ha (4.3 ac)) precluded by surrounding development. high and specific concern are proposed of the proposed development area and Habitat Loss development projects within the more surveys are needed. Based upon Richmond Pine Rocklands (CBD et al. The Miami tiger beetle has available information, it appears that the 2014, pp. 19–24). In 2013, plans for experienced substantial destruction, proposed developments will likely potential development on portions of impact suitable or potentially suitable modification, and curtailment of its the Zoo Miami and USCG parcels were beetle habitat, because roughly 13 ha (33 habitat and range (Brzoska et al. 2011, announced in local newspapers ac) of the proposed development are pp. 5–6; Knisley 2013, pp. 7–8; Knisley (Munzenrieder 2013, entire) and planned for intact and degraded pine 2015a, p. 11). The pine rockland subsequently advertised through other rocklands (Ram 2015, p. 91). The community of south Florida, on which mechanisms (https://www.miami Service has met with the developers to the beetle depends, is critically dade.gov/dpmww/Solicitation learn more about their plans and how imperiled globally (FNAI 2013, p. 3). Details.aspx?Id=Invitation%20To%20 they will address listed, candidate, and Destruction of the pinelands for Negotiate%20(ITN) [accessed April 24, imperiled species issues; negotiations economic development has reduced this 2014]). The proposed development are continuing, and a draft habitat habitat by 90 percent on mainland south includes the following: Theme park conservation plan has been developed Florida (O’Brien 1998, p. 208). Outside rides; a seasonally opened water park; a (Ram 2015, entire). of ENP, only about 1 percent of the 400-room hotel with a Sony Music Given the species’ highly restricted Miami Rock Ridge pinelands have Theatre performance venue; a 2,900- range and uncertain viability, any escaped clearing, and much of what is square meter (30,000-square feet) retail additional losses are significant. left is in small remnant blocks isolated and restaurant village; an entertainment Additional development might further from other natural areas (Herndon 1998, center with movie theaters and bowling; limit the ability to conduct prescribed p. 1). an outdoor area for sports; a landscaped burns or other beneficial management One of the two known populations of pedestrian and bike path; parking; and activities that are necessary to maintain the Miami tiger beetle occurs within the a 2.4-km (1.5-mi) transportation link the open areas within pine rockland Richmond Pine Rocklands, on parcels of that unifies the project’s parts (Dinkova habitat that are required by the beetle. publicly or privately owned lands that 2014a, p. 1). The proposed development The pattern of public and private are partially developed, yet retain some will require at least a portion of the ownership presents an urban wildland undeveloped pine rockland habitat. In USCG parcel, which would occur interface, which is a known constraint the 1940s, the Naval Air Station through purchase or a land swap for implementing prescribed fire in Richmond was built largely on what is (Dinkova 2014b, p. 1). similar pine rockland habitats (i.e., at currently the Zoo Miami parcel. Much The Service notified Miami-Dade National Key Deer Refuge and in of the currently occupied Miami tiger County in a December 2, 2014, letter southern Miami-Dade County) (Snyder beetle habitat on the Zoo Miami parcel about proposed development concerns et al. 2005, p. 2; Service 2009, p. 50; 79 was scraped for the creation of runways with potential impacts to listed, FR 47180, August 12, 2014; 79 FR and blimp hangars (Wirth 2015, entire). candidate, and imperiled species, 52567, September 4, 2014). The Florida The fact that this formerly scraped pine including the Miami tiger beetle. Plans Department of Forestry has limited staff rockland area now provides suitable for the proposed development on the in Miami-Dade County, and they have habitat for the Miami tiger beetle Zoo Miami and USCG parcels have yet been reluctant to set fires for liability demonstrates the restoration potential of to be finalized, so potential impacts to reasons (URS 2007, p. 39) (see ‘‘Land disturbed pine rockland habitat (Possley the Miami tiger beetle and its habitat Management,’’ below). In addition to 2015, entire; Wirth 2015, entire). cannot be fully assessed. However, constraints with fire management, run- Any current known or unknown, based upon available information off from development (e.g., structures, extant Miami tiger beetle populations or provided to date, it appears that the asphalt, concrete) into adjacent pine potentially suitable habitat that may proposed development will impact rockland habitat will likely increase and occur on private lands or non- suitable or potentially suitable beetle further alter the habitat quality (Schultz, conservation public lands, such as habitat. 2016, pers. comm.). elsewhere within the Richmond Pine In July 2014, the Service became In summary, given the Miami tiger Rocklands or surrounding pine aware of another proposed development beetle’s highly restricted range and rocklands, are vulnerable to habitat loss. project on privately owned lands within uncertain viability, any additional Miami-Dade County leads the State in the Richmond Pine Rocklands. In a July losses of habitat within its current range gross urban density at 8,343 people per 15, 2014, letter to the proposed present substantial threats to its survival square mile (https://www.bebr.ufl.edu/ developer, the Service named the Miami and recovery.

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Land Management been hampered by a shortage of vegetation, are not as ecologically The threat of habitat destruction or resources, logistical difficulties, smoke effective as fire. Mechanical treatments modification is further exacerbated by a management, and public concern do not replicate fire’s ability to recycle lack of adequate fire management related to burning next to residential nutrients to the soil, a process that is (Brzoska et al. 2011, pp. 5–6; Knisley areas (Snyder et al. 2005, p. 2; FNAI critical to many pine rockland species 2013, pp. 7–8; Knisley 2015a, p. 2). 2010, p. 5). Many homes and other (URS 2007, p. 39). To prevent organic Historically, lightning-induced fires developments have been built in a soils from developing, uprooted woody were a vital component in maintaining mosaic of pine rockland, so the use of debris requires removal, which adds to native vegetation within the pine prescribed fire in many places has the required labor. The use of rockland ecosystem, as well as for become complicated because of mechanical equipment can also damage opening patches in the vegetation potential danger to structures and soils and inadvertently include the required by the beetles (Loope and smoke generated from the burns. The removal or trampling of other nontarget risk of liability and limited staff in species or critical habitat (URS 2007, p. Dunevitz 1981, p. 5; Slocum et al. 2003, Miami-Dade County has hindered 39). p. 93; Snyder et al. 2005, p. 1; Knisley prescribed fire efforts (URS 2007, p. 39). Nonnative plants have significantly 2011a, pp. 31–32). Open patches in the Nonprofit organizations, such as the affected pine rocklands (Bradley and landscape, which allow for ample Institute for Regional Conservation, Gann 1999, pp. 15, 72; Bradley and sunlight for thermoregulation, are have faced similar challenges in Gann 2005, numbers not applicable; necessary for Miami tiger beetles to conducting prescribed burns, due to Bradley and van der Heiden 2013, pp. perform their normal activities, such as difficulties with permitting and 12–16). As a result of human activities, foraging, mating, and oviposition obtaining the necessary permissions, as at least 277 taxa of nonnative plants (Knisley 2011a, p. 32). Larvae also well as hazard insurance limitations have invaded pine rocklands throughout require these open patches to complete (Bradley and Gann 2008, p. 17; G. Gann, south Florida (Service 1999, p. 3–175). their development free from vegetation 2013, pers. comm.). Few private Neyraudia neyraudiana (Burma reed) encroachment. landowners have the means or desire to and Schinus terebinthifolius (Brazilian Without fire, successional change implement prescribed fire on their pepper), which have the ability to from tropical pineland to hardwood property, and doing so in a fragmented rapidly invade open areas, threaten the hammock is rapid, and displacement of urban environment is logistically habitat needs of the Miami tiger beetle native plants by invasive, nonnative difficult and costly (Bradley and Gann (Bradley and Gann 1999, pp. 13, 72). S. plants often occurs, resulting in 2008, p. 3). Lack of management has terebinthifolius, a nonnative tree, is the vegetation overgrowth and litter resulted in rapid habitat decline on most widespread and one of the most accumulation in the open, bare, sandy most of the small pine rockland invasive species. It forms dense thickets patches that are necessary for the Miami fragments, with the disappearance of of tangled, woody stems that completely tiger beetle. In the absence of fire, pine federally listed and candidate species shade out and displace native vegetation rockland will succeed to tropical where they once occurred (Bradley and (Loflin 1991, p. 19; Langeland and hardwood hammock in 20 to 30 years, Gann 2008, p. 3). Craddock Burks 1998, p. 54). Acacia as a thick duff layer accumulates and Despite efforts to use prescribed fire auriculiformis (earleaf acacia), Melinis eventually results in the appearance of as a management tool in pine rockland repens (natal grass), Lantana camara organic rich humic soils rather than habitat, sites with the Miami tiger beetle (shrub verbena), and Albizia lebbeck organic poor mineral soils (Alexander are not burned as frequently as needed (tongue tree) are some of the other 1967, p. 863; Wade et al. 1980, p. 92; to maintain suitable beetle habitat. Most nonnative species in pine rocklands. Loope and Dunevitz 1981, p. 6; Snyder of the occupied beetle habitat at Miami- More species of nonnative plants could et al. 1990, p. 260). Fire is not only a Dade County’s Zoo Miami parcel was become problems in the future, such as necessity for maintaining pine rockland last burned in January and October of Lygodium microphyllum (Old World habitat, but also for preventing 2007; by 2010, there was noticeable climbing fern), which is a serious threat catastrophic loss to surrounding vegetation encroachment into suitable throughout south Florida. property and life in an urban landscape habitat patches (Knisley 2011a, p. 36). Nonnative, invasive plants compete (URS 2007, p. 38). Studies and The northern portion (Zoo A) of the Zoo with native plants for space, light, management plans have emphasized the Miami site was burned in November water, and nutrients, and make habitat necessity of prescribed fire in pine 2014 (Knisley 2015c, p. 3). Several conditions unsuitable for the Miami rockland habitat and highlighted it as occupied locations at the CSTARS tiger beetle, which responds positively preferential, compared to the parcel were burned in 2010, but four to open conditions. Invasive nonnatives alternatives to prescribed fire (e.g., other locations at CSTARS were last also affect the characteristics of a fire herbicide application and mechanical burned in 2004 and 2006 (Knisley when it does occur. Historically, pine treatment) (Snyder et al. 2005, p. 1; URS 2011a, p. 36). No recent burns are rocklands had an open, low understory 2007, p. 39). believed to have occurred at the USCG where natural fires remained patchy Miami-Dade County has implemented parcel (Knisley 2011a, p. 36). The with low temperature intensity. Dense various conservation measures, such as decline in adult numbers at the two infestations of Neyraudia neyraudiana burning in a mosaic pattern and on a primary Zoo Miami patches (A and B) and Schinus terebinthifolius cause small scale, during prescribed burns, to in 2014 surveys, and the few larvae higher fire temperatures and longer help conserve the Miami tiger beetles found there in recent years, may be a burning periods. With the presence of and other imperiled species and their result of the observed loss of bare open invasive, nonnative species, it is habitats (URS, 2007, p. J. Maguire, 2010, patches (Knisley 2015a, p. 12; Knisley uncertain how fire, even under a pers. comm.). Miami-Dade County Parks 2015c, pp. 1–3). Surveys of the CSTARS managed situation, will affect habitat and Recreation staff has burned several and USCG parcels in 2014 found similar conditions or Miami tiger beetles. of its conservation lands on fire return loss of open patches from encroaching Management of nonnative, invasive intervals of approximately 3 to 7 years. vegetation (Knisley 2015a, p. 13). plants in pine rocklands in Miami-Dade However, implementation of the Alternatives to prescribed fire, such as County is further complicated because county’s prescribed fire program has mechanical removal of woody the vast majority of pine rocklands are

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small, fragmented areas bordered by projects may serve as valuable collect tiger beetles, and approximately urban development. Fragmentation components toward the conservation of 50 individuals are avid collectors results in an increased proportion of pine rockland species and habitat, they (Knisley 2015b, p. 14). Knowledge of ‘‘edge’’ habitat, which in turn has a are dependent on continual funding, as and communication with many of these variety of effects, including changes in well as participation from private collectors suggest sale and trading of microclimate and community structure landowners, both of which may vary specimens has become much more at various distances from the edge through time. common in recent years. The increased (Margules and Pressey 2000, p. 248); interest in collecting, along with altered spatial distribution of fire Summary of Factor A photographing specimens, seems to (greater fire frequency in areas nearer We have identified a number of have been stimulated in part due to the the edge) (Cochrane 2001, pp. 1518– threats to the habitat of the Miami tiger publication of the tiger beetle field 1519); and increased pressure from beetle that occurred in the past, guide (Pearson et al. 2006, entire). nonnative, invasive plants and animals continue currently, and are expected to Collectors are especially interested in that may out-compete or disturb native impact the species in the future. Habitat the less common forms, and may have plant populations. Additionally, areas loss, fragmentation, and degradation, little regard for their conservation near managed pine rockland that and associated pressures from increased (Knisley 2015b, p. 14). Recently, there contain nonnative species can act as a human population, are major threats; was posting on social media from a tiger seed source of nonnatives, allowing these threats are expected to continue, beetle collector with images of several them to continue to invade the placing the species at greater risk. The rare species, including nine specimens surrounding pine rockland (Bradley and species’ occurrence on pine rocklands of the Miami tiger beetle that are Gann 1999, p. 13). that are partially protected from thought to have been collected at Zoo Miami (Wirth, 2016a, pers. comm.). Conservation Efforts To Reduce the development (see ‘‘Local’’ under Factor There is ample evidence of collectors Present or Threatened Destruction, D, below) tempers some impacts, yet the impacting imperiled and endangered Modification, or Curtailment of Habitat threat of further loss and fragmentation butterflies (Gochfeld and Burger 1997, or Range of habitat remains. Various conservation programs are in place, and while these pp. 208–209) and even contributing to In 2005, the Service funded the help to reduce some threats of habitat extirpations (Duffey 1968, p. 94). For Institute for Regional Conservation (IRC) loss and modification, these programs example, the federally endangered to facilitate restoration and management are limited in nature. In general, Mitchell’s satyr (Neonympha mitchellii of privately owned pine rockland available resources and land mitchellii) is believed to have been habitats in Miami-Dade County. This management activities (e.g., prescribed extirpated from New Jersey due to initiative included prescribed burns, fire and invasive plant control) on overcollecting (57 FR 21567, May 20, nonnative plant control, light debris public and private lands are inadequate 1992; Gochfeld and Burger 1997, p. removal, hardwood management, to prevent modification and degradation 209). reintroduction of pines where needed, of the species’ habitat. Therefore, based Collection is a serious threat to the and development of management plans. on our analysis of the best available Miami tiger beetle due to the species’ The Pine Rockland Initiative includes information, the present and future loss extreme rarity (a factor that increases 10-year cooperative agreements between and modification of the species’ habitat demand by collectors) and vulnerability participating landowners and the are major threats to the Miami tiger (i.e., uncertain status and viability with Service/IRC to ensure restored areas will beetle throughout its range. just two known populations and few be managed appropriately during that individuals). Collection is especially time. Although most of these objectives Factor B. Overutilization for problematic if adults are taken prior to regarding nonnative plant control, Commercial, Recreational, Scientific, or oviposition or from small, isolated, or creation of firebreaks, removal of Educational Purposes poor-quality sites. Because no large, excessive fuel loads, and management Collection high-quality sites are currently known, plans have been achieved, IRC has not any collection can have serious been able to conduct the desired Rare beetles, butterflies, and moths ramifications on the survival of the prescribed burns, due to logistical are highly prized by collectors. Tiger remaining population(s). difficulties as discussed above (see beetles are the subject of more intense The recent description of the species ‘‘Land Management’’). IRC has recently collecting and study than any other did not disclose the exact locations of resolved some of the challenges single beetle group (Pearson 1988, pp. occurrence, due to concerns with regarding contractor availability for 123–124; Knisley and Hill 1992a, p. 9; collection (Brzoska et al. 2011, p. 5); prescribed burns and the Service has Choate 1996, p. 1; Knisley et al. 2014, however, it is now believed that extended IRC’s funding period through p. 94). Interest in the genus Cicindela occurrences at Zoo Miami, USCG, and August 2016. Results from anticipated (and Cicindelidia) is reflected in a CSTARS in the Richmond population fire management restoration activities journal entitled ‘‘Cicindela,’’ which has are fairly well known, especially in the will be available in the fall of 2016. been published quarterly since 1969 and tiger beetle collecting community (B. Fairchild Tropical Botanic Garden, is exclusively devoted to the genus. Knisley, 2014b, pers. comm.). We have with the support of various Federal, Tiger beetle collecting and the sale and no specific information on the State, local, and nonprofit organizations, trade of specimens have increased in collection pressure for the Miami tiger has established the ‘‘Connect to Protect popularity in recent years (Knisley et al. beetle, but it is expected to be high Network.’’ The objective of this program 2014, p. 138). Among the professional based upon what has transpired in is to encourage widespread researchers and many amateurs that comparable situations with other participation of citizens to create collect tiger beetles are individuals that federally listed and imperiled tiger corridors of healthy pine rocklands by take only small numbers; however, there beetles and butterflies both nationwide planting stepping stone gardens and are also avid collectors who take as and in Florida. For example, the rights-of-way with native pine rockland many specimens as possible, often for federally endangered Ohlone tiger beetle species, and restoring isolated pine sale or trade. At present, it is estimated (Cicindela ohlone) was collected from rockland fragments. Although these that nationally 50 to 100 individuals its type locality in California after its

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description in the scientific literature greatest risk (see Factor E discussion, predation than historically, when the (66 FR 50340, October 3, 2001) (Knisley below) as these might not be able to species was more widely distributed 2015a, p. 14). Similarly, overcollection withstand additional losses. Collectors and, therefore, more resilient. of the Highlands tiger beetle may have may be unable to recognize when they Known predators of adult tiger beetles contributed to the extirpation of that are depleting occurrences below the include birds, lizards, spiders, and species from its type locality in Florida thresholds of survival or recovery especially robber flies (family Asilidae) (Knisley and Hill 1992a, p. 9). An (Collins and Morris 1985, pp. 162–165). (Pearson et al. 2006, p. 183). estimated 500 to 1,000 adult Highlands With regard to scientific research, we Researchers and collectors have often tiger beetles had been collected at this do not believe that general techniques observed robber flies in the field site during a several year period after its used to date have had negative impacts capturing tiger beetles out of the air. initial discovery (Knisley and Hill on the species or its habitat. Visual Pearson (1985, pp. 68–69; 1988, p. 134) 1992a, p. 10). index surveys and netting for found tiger beetles with orange Markets currently exist for tiger identification purposes have been abdomens (warning coloration) were beetles. Specimens of two Florida tiger performed during scientific research preyed upon less frequently than beetles, the Highlands tiger beetle, a and conservation efforts with the similar-sized tiger beetles without the Federal candidate species, and the potential to disturb or injure individuals orange abdomens. His field trials also scabrous tiger beetle are regularly or damage habitat. Limited collection as determined that size alone provided offered for sale or trade through online part of laboratory rearing studies or some protection from robber flies, insect dealers (The Bugmaniac 2015 and taxonomic verification has occurred at which are usually only successful in eBay 2015). Considering the recent some sites, with work authorized by killing prey that is smaller than they are. rediscovery of the Miami tiger beetle permits. Based on the extreme rarity of This was the case with the hairy-necked and concerns regarding its continued the species, various collecting tiger beetle (Cicindela hirticollis) being existence, the desirability of this species techniques (e.g., pitfall traps, Malaise attacked at a significantly higher rate to private collectors is expected to traps, light traps) for other more general than the larger northeastern beach tiger increase, which may lead to similar insect research projects should be beetle in Maryland (Knisley and Hill markets and increased demand. considered a potential threat. 2010, pp. 54–55). Another reason it is not possible to On the basis of these field studies, it assess actual impacts from collection is Summary of Factor B was estimated that robber flies may that known occurrences of the Miami Collection interest in tiger beetles, cause over 50 percent mortality to the tiger beetle are not regularly monitored. especially rare species, is high, and hairy-necked tiger beetle and 6 percent Two known occurrences on the USCG markets currently exist. While it is not to the northeastern beach tiger beetle and CSTARS parcels are gated and possible to quantify the impacts of population throughout the flight season accessible only by permit, so collection collection on the Miami tiger beetle, (Knisley and Hill 2010, pp. 54–55). The from these sites is unlikely unless collection of the Highlands tiger beetle small body size of the Miami tiger authorized by the property owners. has been documented in large numbers, beetle, even with its orange abdomen, However, other occupied and potential and collection is currently occurring. suggests it would be susceptible to habitats at neighboring and surrounding The risk of collection of the Miami tiger robber fly attack. A few species of areas are much more accessible. Risk of beetle from both occupied and other robber flies (Polacantha gracilis, Triorla collection is concerning at any location potential habitat is high, as some sites interrupta, Efferia sp., and Diogmites and is more likely at less secure sites. are generally accessible and not sp.) have been observed in pine Collection potential at Zoo Miami and monitored or patrolled. Due to the rocklands where the Miami tiger beetle other accessible sites is high, in part combination of few remaining is present (Mays and Cook 2015, p. 5; because it is not entirely gated and only populations, low abundance, and J. Kardys, 2016, pers. comm.); however, periodically patrolled (Knisley, 2014b, restricted range, we have determined they are a common predator of the pers. comm.). Most of the remaining that collection is a significant threat to closely related Highlands tiger beetle pine rockland habitat outside of ENP in the species and could potentially occur (Knisley and Hill 2013, p. 40). In 24 Miami-Dade County is owned by the at any time. Even limited collection hours of field study, Knisley and Hill County or in private ownership and not from the remaining populations could (2013, p. 40) observed 22 attacks by regularly monitored or patrolled. have negative effects on reproductive robber flies on Highlands tiger beetles, We consider collection to be a and genetic viability of the species and 5 of which resulted in the robber fly significant threat to the Miami tiger could contribute to its extinction. killing and consuming the adult beetles. beetle in light of the few known Most predators of adult tiger beetles remaining populations, low abundance, Factor C. Disease or Predation are opportunistic, feeding on a variety of and highly restricted range. Even There is no evidence of disease or available prey and, therefore, probably limited collection from the remaining pathogens affecting the Miami tiger have only a limited impact on tiger populations could have deleterious beetle, although this threat has not been beetle populations. However, predators, effects on reproductive and genetic investigated. Parasites and predators, and especially parasites, of larvae are viability of the species and could however, have been found to have more common, and some attack only contribute to its extinction. Removal of significant impacts on adult and larval tiger beetles. Ants are regarded as adults early in the flight season or prior tiger beetles. In general, parasites are important predators on tiger beetles, and to oviposition can be particularly considered to have greater effects on although not well studied, they have damaging, as it further reduces potential tiger beetles than predators (Nagano been reported having significant impact for successful reproduction. A 1982, p. 34; Pearson 1988, pp. 136–138). on first instar larvae of some Arizona population may be reduced to below While parasites and predators play tiger beetles (Cicindela spp.) (Knisley sustainable numbers (Allee effect) by important roles in the natural dynamics and Juliano 1988, p. 1990). A study with removal of females, reducing the of tiger beetle populations, the current the Highlands tiger beetle found ants probability that new occurrences will be small size of the Miami tiger beetle accounted for 11 to 17 percent of larval founded. Small and isolated populations may render the species mortality at several sites, primarily occurrences in poor habitat may be at more vulnerable to parasitism and involving first instars (Knisley and Hill

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2013, p. 37). During surveys for the State statute or constitution, or Federal threatened by the State of Florida, so Miami tiger beetle, various species of action under statute. there are no existing regulations ants were commonly seen co-occurring designated to protect it. The Miami tiger Federal in the sandy patches with adults and beetle is recognized as a species of larvae, but their impact, if any, is The Miami tiger beetle currently has greatest conservation need by the FWC unknown at this time. no Federal protective status and has (FWC 2012, p. 89). Species of greatest Available literature indicates that the limited regulatory protection in its conservation need designation is part of most important tiger beetle natural known occupied and suitable habitat. the State’s strategy to recognize and seek enemies are tiphiid wasps and The species is not known to occur on funding opportunities for research and bombyliid flies, which parasitize larvae National Wildlife Refuge System or conservation of these species, (Knisley and Schultz 1997, pp. 53–57). National Park Service land. The Miami particularly through the State Wildlife The wasps enter the larvae burrows, and tiger beetle is known to occur on USCG Grants program. The list is extensive paralyze and lay an egg on the larvae. lands within the Richmond Pinelands and, to date, we are unaware of any The resulting parasite larva consumes Complex, and there are limited dedicated funding from this program for the host tiger beetle larva. Bombyliid protections for the species on this the beetle. The State was also petitioned flies (genus Anthrax) drop eggs into property; any USCG actions or decisions and has started a biological status larval burrows with the resulting fly that may have an effect on the review of the species. The Miami tiger larvae consuming the tiger beetle larva. environment would require beetle is not known to occur on lands These parasitoids accounted for 20 to 80 consideration and review under the owned by the State of Florida; however, percent mortality in larvae of several National Environmental Policy Act not all State-owned pine rockland northeastern tiger beetles (Pearson and (NEPA) (42 U.S.C. 4321 et seq.). No parcels have been adequately surveyed. Vogler 2001, p. 172). Parasitism from Federal permit or other authorization is It is possible that some State-owned bombyliid flies accounted for 13 to 25 currently needed for potential impacts parcels do provide potentially suitable percent mortality to larvae of the to known occurrences on county-owned habitat for, and support occurrences of, Highlands tiger beetle at several sites and private land. The Miami tiger beetle the Miami tiger beetle. (Knisley and Hill 2013, p. 37). could be afforded limited protections Generally, these rates of parasitism are from sections 7 and 10 of the Act based Local similar to those reported for other on its co-occurrence with listed species In 1984, section 24–49 of the Code of species of tiger beetles (Bram and or their critical habitat, if applicable, Miami-Dade County established Knisley 1982, p. 99; Palmer 1982, p. 64; within the Richmond Pine Rocklands, regulation of County-designated Natural Knisley 1987, p. 1198). No tiphiid including species such as the Bartram’s Forested Communities (NFCs), which wasps or bombyliid flies were observed scrub-hairstreak butterfly (Strymon acis include both pine rocklands and during field studies with the Miami bartrami), Florida leafwing butterfly tropical hardwood hammocks. These tiger beetle (Knisley 2015a, p. 15); (Anaea troglodyta floridalis), Florida regulations were placed on specific however, tiphiid wasps are small, bonneted bat (Eumops floridanus), properties throughout the county by an secretive, and evidence of their attacks Brickellia mosieri (Florida brickell- act of the Board of County is difficult to find (Knisley 2015b, p. bush), Linum carteri var. carteri Commissioners in an effort to protect 16). (Carter’s small-flowered flax), environmentally sensitive forest lands. Chamaesyce deltoidea ssp. deltoidea The Miami-Dade County Department of Summary of Factor C (deltoid spurge), and Polygala smallii Regulatory and Economic Resources Potential impacts from predators or (tiny polygala). However, effect (RER) has regulatory authority over parasites to the Miami tiger beetle are determinations and minimization and NFCs, and is charged with enforcing unknown. Given the small size of the avoidance criteria for any of these listed regulations that provide partial Miami tiger beetle’s two populations, species are unlikely to be fully protection on the Miami Rock Ridge. the species is likely vulnerable to protective to the Miami tiger beetle Miami-Dade Code typically allows up to predation and parasitism. considering its extreme rarity. The listed 20 percent of a pine rockland designated species have broader distributions that as NFC to be developed, and requires Factor D. The Inadequacy of Existing allow for more flexibility with that the remaining 80 percent be placed Regulatory Mechanisms appropriate conservation measures. In under a perpetual covenant. In certain Section 4(b)(1)(A) of the Act requires contrast, with only two known circumstances, where the landowner the Service to take into account ‘‘those populations and few remaining adults, can demonstrate that limiting efforts, if any, being made by any State the Miami tiger beetle has a much lower development to 20 percent does not or foreign nation, or any political threat tolerance. Although the beetle is allow for ‘‘reasonable use’’ of the subdivision of a State or foreign nation, not currently federally protected, the property, additional development may to protect such species. . . .’’ In relation Service has met with Miami-Dade be approved. NFC landowners are also to Factor D, we interpret this language County, the USCG, the University of required to obtain an NFC permit for to require the Service to consider Miami, and potential developers to any work within the boundaries of the relevant Federal, State, and Tribal laws, express our concern regarding listed, NFC on their property. The NFC plans, regulations, and other such proposed, candidate, and imperiled program is responsible for ensuring that mechanisms that may minimize any of species in the Richmond Pine NFC permits are issued in accordance the threats we describe in threat Rocklands, including the Miami tiger with the limitations and requirements of analyses under the other four factors, or beetle. We have recommended that the code and that appropriate NFC otherwise enhance conservation of the management and habitat conservation preserves are established and species. We give strongest weight to plans include and fully consider this maintained in conjunction with the statutes and their implementing species and its habitat. issuance of an NFC permit. The NFC regulations and to management program currently regulates direction that stems from those laws and State approximately 600 pine rockland or regulations. An example would be State The Miami tiger beetle is not pine rockland/hammock properties, governmental actions enforced under a currently listed as endangered or comprising approximately 1,200 ha

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(3,000 ac) of habitat (J. Joyner, 2013, regulations allow development of 20 over a 22-year period (Gowan and pers. comm.). When RER discovers percent or more of pine rockland Knisley 2014, p. 124). The Miami tiger unpermitted activities, it takes habitat) or implemented sufficiently beetle has not been monitored as appropriate enforcement action, and (e.g., unpermitted clearing of pine extensively as these species, but in areas seeks restoration when possible. rockland habitat) to alleviate threats to where Miami tiger beetles were Because these regulations allow for the Miami tiger beetle and its habitat. repeatedly surveyed, researchers found development of pine rockland habitat, The degradation of habitat for the Miami fluctuations that were several fold in and because unpermitted development tiger beetle is ongoing despite existing numbers (Knisley 2015a, p. 24). While and destruction of pine rockland regulatory mechanisms. Based on our these fluctuations appear to be the norm continues to occur, the regulations are analysis of the best available for populations of tiger beetles (and not fully effective at protecting against information, we find that existing most insects), the causes and effects are loss of Miami tiger beetles or their regulatory measures, due to a variety of not well known. Among the suggested potential habitat. constraints, are inadequate to fully causes of these population trends are Under Miami-Dade County ordinance address threats to the species annual rainfall patterns for the Coral (section 26–1), a permit is required to throughout its range. Pink Sand Dunes tiger beetle (Knisley conduct scientific research (rule 9) on and Hill 2001, p. 391; Gowan and county environmental lands. In Factor E. Other Natural or Manmade Knisley 2014, p. 119), and shoreline addition, rule 8 of this ordinance Factors Affecting Its Continued erosion from storms for the northeastern provides for the preservation of habitat Existence beach and puritan tiger beetles (Knisley within County parks or areas operated Few, Small, Isolated Populations 2011b, p. 54). As a result of these by the Parks and Recreation fluctuations, many tiger beetle Department. The scientific research The Miami tiger beetle is vulnerable populations will experience episodic permitting effectively allows the County to extinction due to its severely reduced low numbers (bottlenecks) or even local to monitor and manage the level of range, the fact that only two small extinction from genetic decline, the scientific research and collection of the populations remain, and the species’ Allee effect, or other factors. Given that Miami tiger beetle, and the preservation relative isolation. the Miami tiger beetle is known from of pine rockland habitat benefits the Demographic stochasticity refers to only two remaining populations with beetle. random variability in survival or few adult individuals, any significant Fee Title Properties: In 1990, Miami- reproduction among individuals within decrease in the population size could Dade County voters approved a 2-year a population (Shaffer 1981, p. 131). easily result in extinction of the species. property tax to fund the acquisition, Demographic stochasticity can have a Dispersal and movement of the Miami protection, and maintenance of significant impact on population tiger beetle is unknown, but is environmentally endangered lands viability for populations that are small, considered to be very limited. A limited (EEL). The EEL Program identifies and have low fecundity, and are short-lived. mark-recapture study with the closely secures these lands for preservation. In small populations, reduced related Highlands tiger beetle found that Under this program to date, Miami-Dade reproduction or die-offs of a certain age- adult beetles moved no more than 150 County has acquired a total of class will have a significant effect on the m (490 ft), usually flying only 5–10 m approximately 255 ha (630 ac) of pine whole population. Although of only (16–33 ft) at a time (Knisley and Hill rocklands. In addition, approximately minor consequence to large populations, 2013). Generally, tiger beetles are 445 ha (1,550 ac) of pine rocklands are this randomly occurring variation in known to easily move around, so owned by the Miami-Dade County Parks individuals becomes an important issue exchange of individuals among and Recreation Department and for small populations. separated sites will commonly occur if managed by the EEL Program, including Environmental stochasticity is the there are habitat connections or if the some of the largest remaining areas of variation in birth and death rates from sites are within dispersal range—which pine rockland habitat on the Miami one season to the next in response to is not the case with the population Rock Ridge outside of ENP (e.g., Larry weather, disease, competition, structure of the Miami tiger beetle. and Penny Thompson Park, Zoo Miami predation, or other factors external to Species in woodland, scrub, or dune pinelands, and Navy Wells Pineland the population (Shaffer 1981, p. 131). habitats also seem to disperse less than Preserve) (http://www.miamidade.gov/ For example, drought or predation, in water-edge species (Knisley and Hill environment/endangered-lands.asp#1 combination with a low population 1996, p. 13). Among tiger beetles, there [Accessed May 11, 2016]). year, could result in extirpation. The is a general trend of decreasing flight Unfortunately, many of these pine origin of the environmental stochastic distance with decreasing body size rocklands are not managed to maintain event can be natural or human-caused. (Knisley and Hill 1996, p. 13). The the open, sparsely vegetated areas that In general, tiger beetles that have been Miami tiger beetle has a small body size. are needed by the beetle. regularly monitored consistently exhibit Given these factors, dispersal may be extreme fluctuations in population size, limited for the Miami tiger beetle. Summary of Factor D often apparently due to climatic or other Small, isolated population size was There are some regulatory habitat factors that affect recruitment, listed as one of several of the threats in mechanisms currently in place to population growth, and other the petition received to list the Miami protect the Miami tiger beetle and its population parameters. In 20 or more tiger beetle (CBD et al. 2014, pp. 17, 30). habitat on non-Federal lands. However, years of monitoring, most populations of The effects of low population size on there are no Federal regulatory the northeastern beach and puritan tiger population viability are not known for protections for the Miami tiger beetle, beetles (Cicindela puritan) have tiger beetles, but population viability other than the limited protections exhibited 2 to 5 or more fold differences analyses for the northeastern beach, afforded for listed species and critical in abundance (Knisley 2012, entire). puritan, and Coral Pink Sand Dunes habitat that co-occur with the Miami Annual population estimates of the tiger beetles determined that tiger beetle. While local regulations Coral Pink Sand Dunes tiger beetle stochasticity, specifically the provide some protection, they are (Cicindela albissima) have ranged from fluctuations in population size, was the generally not fully effective (e.g., NFC fewer than 600 to nearly 3,000 adults main factor accounting for the high risk

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of extinction (Gowan and Knisley 2001, incorporate no-spray buffers around 366 m (1,200 ft) from the edge of zones entire; 2005, p. 13; Knisley and Gowan butterfly critical habitat are not targeted for aerial applications. After 2009, pp. 13–23). The long-term necessarily adhered to if there is a this discovery, the Florida Keys monitoring of northeastern beach and public health concern (Florida Mosquito Control District recalibrated puritan tiger beetles found that, despite Administrative Code 5E–13.036; Service the on-board model (Wingman, which the fluctuations, some small 2015, entire). provides flight guidance and flow rates). populations with fewer than 50 to 100 In order for mosquito control Naled deposition was reduced in some adults experienced several fold pesticides to be effective, they must of the nontarget zones following declines, but persisted (Knisley 2015b, make direct contact with mosquitoes. recalibration (Bargar 2012, p. 3). p. 20). Several Highlands tiger beetle For this to happen, pesticides are In addition to mosquito control sites with fewer than 20 to 50 adults applied using methods to promote drift chemicals entering nontarget areas, the were lost over the past 15–20 years, through the air, so as to increase the toxic effects of such chemicals to while several others have persisted potential for contact with their intended nontarget organisms have also been during that period (Knisley 2015b, p. target organism. Truck-based documented. Lethal effects on nontarget 20). Losses may have been due to permethrin application methods are moths and butterflies have been habitat disturbance or low population expected to produce a swath of attributed to fenthion and naled in both size effects. Knisley predicts that the suspended pesticides approximately 91 south Florida and the Florida Keys Highlands tiger beetle populations m (300 ft) wide (Prentiss 2007, p. 4). (Emmel 1991, pp. 12–13; Eliazar and (extinct and extant) are isolated from The extent of pesticide drift from this Emmel 1991, pp. 18–19; Eliazar 1992, each other with little chance for swath is dependent on several factors, pp. 29–30). Zhong et al. (2010, pp. dispersal between populations and including wind speed, wind direction, 1961–1972) investigated the impact of immigration rescues (Knisley, 2015d, and vegetation density. Hennessey and single aerial applications of naled on the pers. comm.). With only two known Habeck (1989, pp. 1–22; 1991, pp. 1–68) endangered Miami blue butterfly populations of the Miami tiger beetle, and Hennessey et al. (1992, pp. 715– (Cyclargus thomasi bethunebakeri) separated by substantial urban 721) illustrated the presence of larvae in the field. Survival of butterfly development, the potential for mosquito spray residues long after larvae in the target zone was 73.9 immigration rescue is low. application in habitat of the federally percent, which was significantly lower endangered Schaus swallowtail than in both the drift zone (90.6 percent) Pesticides butterfly (Heraclides aristodemus and the reference (control) zone (100 Pesticides used in and around pine ponceanus), as well as the Florida percent), indicating that direct exposure rockland habitat are a potential threat to leafwing butterfly (Anaea troglodyta to naled poses significant risk to Miami the Miami tiger beetle through direct floridalis), Bartram’s scrub-hairstreak blue butterfly larvae. Fifty percent of the exposure to adults and larvae, butterfly, and other imperiled species. samples in the drift zone also exhibited secondary exposure from insect prey, Residues of aerially applied naled were detectable concentrations, once again overall reduction in availability of adult found 6 hours after application in a exhibiting the potential for mosquito and larval prey, or any combination of pineland area that was 750 m (2,460 ft) control chemicals to drift into nontarget these factors. The use of pesticides for from the target area; residues of fenthion areas. Bargar (2012, p. 4) observed agriculture and mosquito control (an adulticide previously used in the cholinesterase activity depression, to a presents potential risks to nontarget Florida Keys) applied via truck were level shown to cause mortality in the insects, especially imperiled insects found up to 50 m (160 ft) downwind in laboratory, in great southern white (EPA 2002, p. 32; 2006a, p. 58; 2006b, a hammock area 15 minutes after (Ascia monuste) and Gulf fritillary p. 44). The negative effect of application in adjacent target areas butterflies (Agraulis vanillae) exposed to insecticides on several tiger beetle (Hennessey et al. 1992, pp. 715–721). naled in both target and nontarget species was suggested by Nagano (1982, More recently, Pierce (2009, pp. 1–17) zones. p. 34) and Stamatov (1972, p. 78), monitored naled and permethrin Based on these studies, it can be although impacts from pesticides do not deposition following mosquito control concluded that mosquito control appear to be well studied in tiger application. Permethrin, applied by activities that involve the use of both beetles. truck, was found to drift considerable aerial and ground-based spraying Efforts to control mosquitoes and distances from target areas, with methods have the potential to deliver other insect pests in Florida have residues that persisted for weeks. pesticides in quantities sufficient to increased as human activity and Permethrin was detected at cause adverse effects to nontarget population size have increased. To concentrations lethal to three butterfly species in both target and nontarget control mosquito populations, species at a distance of approximately areas. Pesticide drift at a level of organophosphate (naled) and pyrethroid 227 m (745 ft) away from targeted truck concern to nontarget invertebrates (permethrin) adulticides are applied by routes. Naled, applied by plane, was (butterflies) has been measured up to mosquito control districts throughout also found to drift into nontarget areas, approximately 227 m (745 ft) from truck south Florida, including Miami-Dade but was much less persistent, exhibiting routes (Pierce 2011, pp. 3–5, 7; Rand County. These compounds have been a half-life (time for half of the naled and Hoang 2010, pp. 14, 23) and 400 m characterized as being highly toxic to applied to chemically break down) of (1,312 ft) from aerial spray zones (Bargar nontarget insects by the U.S. approximately 6 hours. To expand this 2012, p. 3). It should be noted that many Environmental Protection Agency (2002, work, Pierce (2011, pp. 6–11) conducted of the studies referenced above dealt p. 32; 2006a, p. 58; 2006b, p. 44). The an additional deposition study in 2010, with single application scenarios and use of such pesticides (applied using focusing on permethrin drift from truck examined effects on only one or two both aerial and ground-based methods) spraying, and again documented low butterfly life stages. Under a realistic for mosquito control presents a potential but measurable amounts of permethrin scenario, the potential exists for risk to the Miami tiger beetle, and this in nontarget areas. In 2009, Bargar exposure to all life stages to occur over risk may increase with the spread of any (2012, p. 3) conducted two field trials multiple applications in a season. In the mosquito-borne disease, such as the that detected significant naled residues case of a persistent compound like Zika virus, as current guidelines to at locations within nontarget areas up to permethrin, whose residues remain on

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vegetation for weeks, the potential exists the threat of pesticide exposure would The parcels that comprise the two for nontarget species to be exposed to have to be reevaluated. known populations of the Miami tiger multiple pesticides within a season beetle are not open to the public for Human Disturbance (e.g., permethrin on vegetation coupled recreational use, so human disturbance with aerial exposure to naled). Human disturbance, depending upon is unlikely. For any unknown Prior to 2015, aerial applications of type and frequency, may or may not be occurrences of the species, human mosquito control pesticides occurred on a threat to tiger beetles or their habitats. disturbance from recreational use is a a limited basis (approximately two to Knisley (2011b, entire) reviewed both possibility, as some of the remaining four aerial applications per year since the negative and positive effects of pine rockland sites in Miami-Dade 2010) within some of Miami-Dade human disturbances on tiger beetles. County are open to the public for County’s pine rockland areas. The Vehicles, bicycles, and human foot recreational use. Miami-Dade County Miami tiger beetle is not known to traffic have been implicated in the leads the State in gross urban density at occupy any of these aerial spray zone decline and extirpation of tiger beetle 8,343 people per square mile (https:// sites, but any unknown occupied sites populations, especially for species in www.bebr.ufl.edu/population/ could have been exposed, either directly more open habitats like beaches and publications/measuring-population- or through drift. The Richmond Pine sand dunes. The northeastern beach density-counties-florida [accessed May Rocklands region is not directly treated tiger beetle was extirpated throughout 18, 2016]), and development and human either aerially or by truck (C. Vasquez, the northeast coincidental with the population growth are expected to 2013, pers. comm.), so any potential development of recreational use from continue in the future. By 2025, Miami- pesticide exposure in this area would be pedestrian foot traffic and vehicles Dade County is predicted to near or through drift from spray zones adjacent (Knisley et al. 1987, p. 301). exceed a population size of 3 million to the Richmond area. Pesticide drift Habroscelimorpha dorsalis media people (Rayer and Wang 2016, p. 7). from aerial spray zones to the two (southeastern beach tiger beetle) was With the expected future increase in known populations of Miami tiger extirpated from a large section of human population and development, beetles is unlikely, based on the Assateague Island National Seashore, there will likely be an increase in the considerable distance from spray zone Maryland, after the initiation of off- use of recreational areas, including sites boundaries to known occurrences of the highway vehicle (OHV) use (Knisley with potentially suitable habitat and beetle (estimated minimum distances and Hill, 1992b, p. 134). Direct mortality unknown occurrences of Miami tiger range from 2.0–3.0 km (1.2–1.9 mi) from and indirect effects on habitat from beetles. Projected future increases in the Richmond population and 434 m OHVs have been found to threaten the recreational use may increase the levels (0.3 mi) for the second population). In survival of Coral Pink Sand Dunes tiger of human disturbance and negatively the past, truck-based applications beetle (Gowan and Knisley 2014, pp. impact any unknown occurrences of the occurred within 227 m (745 ft) of known 127–128). The Ohlone tiger beetle has Miami tiger beetle and their habitat. In summary, vehicular activity and occupied Miami tiger beetle habitat, a been eliminated from nearly all natural distance under which pesticide drift at recreational use within the known grassland areas in Santa Cruz, a concentration of concern for nontarget population of the Miami tiger beetle California, except where pedestrian foot invertebrates had been measured (Pierce presents minimal impacts to the species. traffic, mountain bike use, or cattle 2011, pp. 3–5, 7; Rand and Hoang 2010, However, future negative impacts to grazing has created or maintained trails pp. 14, 23). unknown beetle occurrences on lands and open patches of habitat (Knisley For the 2015 mosquito season (May open to the public are possible and are and Arnold 2013, p. 578). Similarly, through October), Miami-Dade Mosquito expected to increase with the projected over 20 species of tiger beetles, Control coordinated with the Service to future population growth. institute 250-m truck-based and 400-m including Cicindela decemnotata aerial spray buffers around critical (Badlands tiger beetle) at Dugway Climate Change and Sea Level Rise habitat for the Bartram’s scrub- Proving Ground in Utah, are almost Climatic changes, including sea level hairstreak butterfly, with the exclusion exclusively restricted to roads, trails, rise (SLR), are major threats to Florida, of pine rocklands in the Navy Wells and similar areas kept open by vehicle and could impact the Miami tiger beetle area, which is not known to be occupied use or similar human disturbances and the few remaining parcels of pine by the Miami tiger beetle. These newly (Knisley 2011b, pp. 44–45). rockland habitat left in Miami-Dade implemented buffers will also reduce Vehicle activity on seldom-used roads County. Our analyses include exposure to any other imperiled species may have some negative effect on the consideration of ongoing and projected occurring on pine rockland habitat Miami tiger beetle (i.e., lethal impacts to changes in climate. The terms ‘‘climate’’ within Bartram’s scrub-hairstreak adults or larvae or impacts to the and ‘‘climate change’’ are defined by the butterfly critical habitat, such as the habitat), but limited field observations Intergovernmental Panel on Climate Miami tiger beetle. Assuming that the to date indicate that effects are minimal Change (IPCC). ‘‘Climate’’ refers to the Miami tiger beetle is no more sensitive (Knisley 2015a, p. 16). Observations in mean and variability of different types to pesticide exposure than the tested 2014 at Zoo Miami found a few adults of weather conditions over time, with 30 butterfly species, these spray buffers along a little-used road and the main years being a typical period for such should avoid adverse impacts to the gravel road adjacent to interior patches measurements, although shorter or Miami tiger beetle population. where adults were more common longer periods also may be used (IPCC Based on Miami-Dade Mosquito (Knisley 2015a, p. 16). These adults may 2007a, p. 78). The term ‘‘climate Control’s implementation of spray have dispersed from their primary change’’ thus refers to a change in the buffers, mosquito control pesticides are interior habitat, possibly due to mean or variability of one or more not considered a major threat for the vegetation encroachment (Knisley measures of climate (e.g., temperature or Miami tiger beetle at this time. If these 2015a, p. 16). Several of the adults at precipitation) that persists for an buffers were to change or Miami tiger both CSTARS and the USCG parcels extended period, typically decades or beetles were found to occur on habitat were also found along dirt roads that longer, whether the change is due to that is not protected by Bartram’s scrub- were not heavily used and apparently natural variability, human activity, or hairstreak butterfly critical habitat, then provided suitable habitat. both (IPCC 2007a, p. 78).

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Scientific measurements spanning differ after about 2030, the overall al. 2010; Beaumont et al. 2011; several decades demonstrate that trajectory of all the projections is one of McKelvey et al. 2011; Rogers and changes in climate are occurring, and increased global warming through the Schindler 2011). that the rate of change has been faster end of this century, even for projections Many analyses involve elements that since the 1950s. Based on extensive based on scenarios that assume that are common to climate change analyses of global average surface air GHG emissions will stabilize or decline. vulnerability assessments. In relation to temperature, the most widely used Thus, there is strong scientific support climate change, vulnerability refers to measure of change, the IPCC concluded for projections that warming will the degree to which a species (or that warming of the global climate continue through the 21st century, and system) is susceptible to, and unable to system over the past several decades is that the magnitude and rate of change cope with, adverse effects of climate ‘‘unequivocal’’ (IPCC 2007a, p. 2). In will be influenced substantially by the change, including climate variability other words, the IPCC concluded that extent of GHG emissions (IPCC 2007a, and extremes. Vulnerability is a there is no question that the world’s pp. 44–45; Meehl et al. 2007, pp. 760– function of the type, magnitude, and climate system is warming. Examples of 764; Ganguly et al. 2009, pp. 15555– rate of climate change and variation to other changes include substantial 15558; Prinn et al. 2011, pp. 527, 529). which a species is exposed, its increases in precipitation in some In addition to basing their projections sensitivity, and its adaptive capacity regions of the world and decreases in on scientific analyses, the IPCC reports (IPCC 2007a, p. 89; see also Glick et al. other regions (for these and additional projections using a framework for 2011, pp. 19–22). There is no single examples, see IPCC 2007a, p. 30; treatment of uncertainties (e.g., they method for conducting such analyses Solomon et al. 2007, pp. 35–54, 82–85). define ‘‘very likely’’ to mean greater that applies to all situations (Glick et al. Various environmental changes (e.g., than 90 percent probability, and 2011, p. 3). We use our expert judgment shifts in the ranges of plant and animal ‘‘likely’’ to mean greater than 66 percent and appropriate analytical approaches species, increasing ground instability in probability; see Solomon et al. 2007, pp. to weigh relevant information, including permafrost regions, conditions more 22–23). Some of the IPCC’s key uncertainty, in our consideration of favorable to the spread of invasive projections of global climate and its various aspects of climate change. species and of some diseases, changes in related effects include: (1) It is virtually Global climate projections are amount and timing of water availability) certain there will be warmer and more informative, and, in some cases, the are occurring in association with frequent hot days and nights over most only or the best scientific information changes in climate (see IPCC 2007a, pp. of the earth’s land areas; (2) it is very available for us to use. However, 2–4, 30–33; Global Climate Change likely there will be increased frequency projected changes in climate and related Impacts in the United States 2009, pp. of warm spells and heat waves over impacts can vary substantially across 27, 79–88). most land areas; (3) it is very likely that and within different regions of the Results of scientific analyses the frequency of heavy precipitation world (e.g., IPCC 2007a, pp. 8–12). presented by the IPCC show that most events, or the proportion of total rainfall Therefore, we use ‘‘downscaled’’ of the observed increase in global from heavy falls, will increase over most projections when they are available and average temperature since the mid-20th areas; and (4) it is likely the area have been developed through century cannot be explained by natural affected by droughts will increase, that appropriate scientific procedures, variability in climate, and is ‘‘very intense tropical cyclone activity will because such projections provide higher likely’’ (defined by the IPCC as 90 increase, and that there will be resolution information that is more percent or higher probability) due to the increased incidence of extreme high sea relevant to spatial scales used for observed increase in greenhouse gas level (IPCC 2007b, p. 8, table SPM.2). analyses of a given species (see Glick et (GHG) concentrations in the atmosphere More recently, the IPCC published al. 2011, pp. 58–61, for a discussion of as a result of human activities, additional information that provides downscaling). For our analysis for the particularly carbon dioxide emissions further insight into observed changes Miami tiger beetle, downscaled from fossil fuel use (IPCC 2007a, pp. 5– since 1950, as well as projections of projections are available. 6 and figures SPM.3 and SPM.4; extreme climate events at global and According to the Florida Climate Solomon et al. 2007, pp. 21–35). Further broad regional scales for the middle and Center, Florida is by far the most confirmation of the role of GHGs comes end of this century (IPCC 2011, entire). vulnerable State in the United States to from analyses by Huber and Knutti Various changes in climate may have hurricanes and tropical storms (http:// (2011, p. 4), who concluded it is direct or indirect effects on species. climatecenter.fsu.edu/topics/tropical- extremely likely that approximately 75 These may be positive, neutral, or weather). Based on data gathered from percent of global warming since 1950 negative, and they may change over 1856 to 2008, Klotzbach and Gray (2009, has been caused by human activities. time, depending on the species and p. 28) calculated the climatological Scientists use a variety of climate other relevant considerations, such as probabilities for each State being models, which include consideration of interactions of climate with other impacted by a hurricane or major natural processes and variability, as variables such as habitat fragmentation hurricane in all years over the 152-year well as various scenarios of potential (for examples, see Franco et al. 2006; timespan. Of the coastal States levels and timing of GHG emissions, to IPCC 2007a, pp. 8–14, 18–19; Forister et analyzed, Florida had the highest evaluate the causes of changes already al. 2010; Galbraith et al. 2010; Chen et climatological probabilities, with a 51 observed and to project future changes al. 2011). In addition to considering percent probability of a hurricane in temperature and other climate individual species, scientists are (Category 1 or 2) and a 21 percent conditions (e.g., Meehl et al. 2007, evaluating possible climate change- probability of a major hurricane entire; Ganguly et al. 2009, pp. 11555, related impacts to, and responses of, (Category 3 or higher). From 1856 to 15558; Prinn et al. 2011, pp. 527, 529). ecological systems, habitat conditions, 2008, Florida actually experienced more All combinations of models and and groups of species; these studies major hurricanes than predicted; out of emissions scenarios yield very similar include acknowledgement of the 109 hurricanes, 36 were major projections of average global warming uncertainty (e.g., Deutsch et al. 2008; hurricanes. The most recent hurricane until about 2030. Although projections Euskirchen et al. 2009; McKechnie and to have major impacts to Miami-Dade of the magnitude and rate of warming Wolf 2009; Berg et al. 2010; Sinervo et County was Hurricane Andrew in 1992.

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While the species persisted after this gases and aerosols in 2100. Each 15.0 cm (6.0 in), and Ross et al. (1994, hurricane, impacts to the population scenario describes a future world with p. 152) found evidence of groundwater size and distribution from the storm are varying levels of atmospheric pollution, and soil water salinization. unknown, because no surveys were leading to corresponding levels of global Extrapolating this situation to pine conducted until its rediscovery in 2007. warming and corresponding levels of rocklands on the mainland is not Given the few, isolated populations of SLR. The IPCC Synthesis Report (2007a, straightforward, but suggests that the Miami tiger beetle within a location entire) provided an integrated view of similar changes to species composition prone to storm influences (located climate change and presented updated could arise if current projections of SLR approximately 8 km (5 mi) from the projections of future climate change and occur and freshwater inputs are not coast), the species is at substantial risk related impacts under different sufficient to prevent salinization. from stochastic environmental events scenarios. Furthermore, Ross et al. (2009, pp. such as hurricanes, storm surges, and Subsequent to the 2007 IPCC Report, 471–478) suggested that interactions other extreme weather that can affect the scientific community has continued between SLR and pulse disturbances recruitment, population growth, and to model SLR. Recent peer-reviewed (e.g., storm surges) can cause vegetation other population parameters. publications indicate a movement to change sooner than projected based Other processes to be affected by toward increased acceleration of SLR. on sea level alone. Effects from climate change, related to Observed SLR rates are already trending vegetation shifts in the pine rockland environmental stochasticity, include along the higher end of the 2007 IPCC habitat on the Miami tiger beetle are temperatures, rainfall (amount, seasonal estimates, and it is now widely held that unknown, but because the beetle occurs timing, and distribution), and storms SLR will exceed the levels projected by in a narrow range and microhabitat (frequency and intensity). Temperatures the IPCC (Rahmstorf et al. 2012, p. 1; parameters are still being studied, are projected to rise from 2–5 degrees Grinsted et al. 2010, p. 470). Taken vegetation shifts could cause habitat Celsius (°C) (3.6–9 degrees Fahrenheit together, these studies support the use changes or disturbance that would have (°F)) for North America by the end of of higher end estimates now prevalent a negative impact on beetle recruitment this century (IPCC 2007a, pp. 7–9, 13). in the scientific literature. Recent and survival. Alexander (1953, pp. 133– Based upon predictive modeling, studies have estimated global mean SLR 138) attributed the demise of pinelands Atlantic hurricane and tropical storm of 1.0–2.0 m (3.3–6.6 ft) by 2100 as on northern Key Largo to salinization of frequencies are expected to decrease follows: 0.75–1.90 m (2.5–6.2 ft; the groundwater in response to SLR. (Knutson et al. 2008, pp. 1–21). By Vermeer and Rahmstorf 2009, p. 21530), Patterns of human development will 2100, there should be a 10–30 percent 0.8–2.0 m (2.6–6.6 ft; Pfeffer et al. 2008, also likely be significant factors decrease in hurricane frequency. p. 1342), 0.9–1.3 m (3.0–4.3 ft; Grinsted influencing whether natural Hurricane frequency is expected to et al. 2010, pp. 469–470), 0.6–1.6 m communities can move and persist drop, due to more wind shear impeding (2.0–5.2 ft; Jevrejeva et al. 2010, p. 4), (IPCC 2008, p. 57; USCCSP 2008, p. 76). initial hurricane development. and 0.5–1.40 m (1.6–4.6 ft; National The Science and Technology However, hurricane winds are expected Research Council 2012, p. 2). Committee of the Miami-Dade County to increase by 5–10 percent. This is due All of the scenarios, from small Climate Change Task Force (Wanless et to more hurricane energy available for climate change shifts to major changes, al. 2008, p. 1) recognized that intense hurricanes. These stronger indicate negative effects on pine significant SLR is a very real threat to winds will result in damage to the pine rockland habitat throughout Miami- the near future for Miami-Dade County. rockland vegetation and an increased Dade County. Prior to inundation, pine In a January 2008 statement, the storm surge (discussed below). In rocklands are likely to undergo habitat committee warned that sea level is addition to climate change, weather transitions related to climate change, expected to rise at least 0.9–1.5 m (3– variables are extremely influenced by including changes to hydrology and 5 ft) within this century (Wanless et al. other natural cycles, such as El Nin˜ o increasing vulnerability to storm surge. 2008, p. 3). With a 0.9–1.2 m (3–4 ft) Southern Oscillation, with a frequency Hydrology has a strong influence on rise in sea level (above baseline) in of every 4–7 years; solar cycle (every 11 plant distribution in these and other Miami-Dade County: ‘‘Spring high tides years); and the Atlantic Multi-decadal coastal areas (IPCC 2008, p. 57). Such would be at about 6 to 7 ft; freshwater Oscillation. All of these cycles influence communities typically grade from salt to resources would be gone; the Everglades changes in Floridian weather. The exact brackish to freshwater species. From the would be inundated on the west side of magnitude, direction, and distribution 1930s to 1950s, increased salinity of Miami-Dade County; the barrier islands of all of these changes at the regional coastal waters contributed to the decline would be largely inundated; storm level are difficult to project. of cabbage palm forests in southwest surges would be devastating; landfill The long-term record at Key West Florida (Williams et al. 1999, pp. 2056– sites would be exposed to erosion shows that sea level rose on average 2059), expansion of mangroves into contaminating marine and coastal 0.229 cm (0.090 in) annually between adjacent marshes in the Everglades environments. Freshwater and coastal 1913 and 2013 (National Oceanographic (Ross et al. 2000, pp. 101, 111), and loss mangrove wetlands will not keep up and Atmospheric Administration of pine rockland in the Keys (Ross et al. with or offset SLR of 0.6 m (2 ft) per (NOAA) 2013, p. 1). This equates to 1994, pp. 144, 151–155). century or greater. With a 1.5-m (5-ft) approximately 22.9 cm (9.02 in) over the In one Florida Keys pine rockland rise (spring tides at ∼2.4 m (∼8 ft)), last 100 years. IPCC (2008, p. 28) with an average elevation of 0.89 m (2.9 Miami-Dade County will be extremely emphasized it is very likely that the ft), Ross et al. (1994, pp. 149–152) diminished’’ (Wanless et al. 2008, pp. average rate of SLR during the 21st observed an approximately 65 percent 3–4). century will exceed the historical rate. reduction in an area occupied by South Drier conditions and increased The IPCC Special Report on Emission Florida slash pine over a 70-year period, variability in precipitation associated Scenarios (2000, entire) presented a with pine mortality and subsequent with climate change are expected to range of scenarios based on the increased proportions of halophytic hamper successful regeneration of computed amount of change in the (salt-loving) plants occurring earlier at forests and cause shifts in vegetation climate system due to various potential the lower elevations. During this same types through time (Wear and Greis amounts of anthropogenic greenhouse time span, local sea level had risen by 2012, p. 39). Although it has not been

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well studied, existing pine rocklands projected to be developed for housing as Alternative Future Landscape Models have probably been affected by the human population grows and and Coastal Squeeze reductions in the mean water table. adjusts to changing sea levels under this The Miami tiger beetle is anticipated Climate changes are also forecasted to ‘‘high’’ range (or ‘‘worst case’’) MIT to face major risks from coastal squeeze, extend fire seasons and the frequency of scenario. Actual impacts may be greater which occurs when habitat is pressed large fire events throughout the Coastal or less than anticipated based upon high between rising sea levels and coastal Plain (Wear and Greis 2012, p. 43). variability of factors involved (e.g., SLR, development that prevents landward While restoring fire to pine rocklands is human population growth) and movement (Scavia et al. 2002, entire; essential to the long-term viability of the assumptions made in the model. FitzGerald et al. 2008, entire; Defeo et Miami tiger beetle (see Factor A When simply looking at current al. 2009, p. 8; LeDee et al. 2010, entire; discussion, above), increases in the elevations of pine rockland fragments Menon et al. 2010, entire; Noss 2011, scale, frequency, or severity of wildfires and occurrences of the Miami tiger entire). Habitats in coastal areas (i.e., could have negative effects on the Charlotte, Lee, Collier, Monroe, Miami- species (e.g., if wildfire occurs over the beetle, it appears that an SLR of 1 m (3.3 Dade Counties) are likely the most entire area occupied by the two known ft) will inundate the coastal and vulnerable. Although it is difficult to populations during the adult flight southern pine rocklands and cause quantify impacts due to the season when adults are present). vegetation shifts largely as described To accommodate the large uncertainty above. SLR of 2 m (6.6 ft) appears to uncertainties involved, coastal squeeze in SLR projections, researchers must inundate much larger portions of urban will likely result in losses in habitat for estimate effects from a range of Miami-Dade County. The western part the beetles as people and development scenarios. Various model scenarios of urban Miami-Dade County would are displaced further inland. developed at Massachusetts Institute of also be inundated (barring creation of Summary of Factor E Technology (MIT) and GeoAdaptive Inc. sea walls or other barriers), creating a have projected possible trajectories of virtual island of the Miami Rock Ridge. Based on our analysis of the best future transformation of the south After a 2-m rise in sea level, available information, we have Florida landscape by 2060, based upon approximately 75 percent of the identified a wide array of natural and four main drivers: Climate change, shifts remaining pine rockland would still be manmade factors affecting the in planning approaches and regulations, above sea level, but an unknown continued existence of the Miami tiger human population change, and percentage of these fragments would be beetle. The beetle is immediately variations in financial resources for negatively impacted by salinization of vulnerable to extinction, due to the conservation (Vargas-Moreno and the water table and soils, which would effects of few remaining small Flaxman 2010, pp. 1–6). The scenarios be exacerbated due to isolation from populations, restricted range, and do not account for temperature, mainland fresh water flows. Above 2 m isolation. Aspects of the Miami tiger precipitation, or species habitat shifts (6.6 ft) of SLR, very little pine rockland beetle’s natural history (e.g., limited due to climate change, and no storm would remain, with the vast majority dispersal) and environmental surge effects are considered. The current either being inundated or experiencing stochasticity (including hurricanes and MIT scenarios range from an increase of vegetation shifts. storm surge) may also contribute to imperilment. Other natural (e.g., 0.09–1.00 m (0.3–3.3 ft) by 2060. The climate of southern Florida is Based on the most recent estimates of changes to habitat, invasive and exotic driven by a combination of local, vegetation) and anthropogenic (e.g., SLR and the data available to us at this regional, and global events, regimes, and time, we evaluated potential effects of habitat alteration, impacts from oscillations. There are three main humans) factors are also identifiable SLR using the current ‘‘high’’ range MIT ‘‘seasons’’: (1) The wet season, which is scenario, as well as comparing threats. Climate change, sea-level rise, hot, rainy, and humid from June and coastal squeeze are major concerns. elevations of remaining pine rockland through October; (2) the official fragments and extant occurrences of the Collectively, these threats have occurred hurricane season that extends 1 month Miami tiger beetle. The ‘‘high’’ range (or in the past, are impacting the species beyond the wet season (June 1 through ‘‘worst case’’) MIT scenario assumes now, and will continue to impact the November 30), with peak season being high SLR (1.0 m (3.3 ft) by 2060), low species in the future. August and September; and (3) the dry financial resources, a ‘business as usual’ season, which is drier and cooler, from Cumulative Effects From Factors A approach to planning, and a doubling of November through May. In the dry Through E human population. Based on this season, periodic surges of cool and dry scenario, pine rocklands along the coast The limited distribution, small continental air masses influence the in central Miami-Dade County would population size, few populations, and weather with short-duration rain events become inundated. The ‘‘new’’ sea level relative isolation of the Miami tiger (1.0 m (3.3 ft) higher) would come up followed by long periods of dry weather. beetle makes it extremely susceptible to to the edge of pine rockland fragments Climate change may lead to increased further habitat loss, modification, at the southern end of Miami-Dade frequency and duration of severe storms degradation, and other anthropogenic County, translating to partial inundation (Golladay et al. 2004, p. 504; threats. The Miami tiger beetle’s or, at a minimum, vegetation shifts for McLaughlin et al. 2002, p. 6074; Cook viability at present is uncertain, and its these pine rocklands. While sea level et al. 2004, p. 1015). Hurricanes and continued persistence is in danger, under this scenario would not overtake tropical storms can modify habitat (e.g., unless protective actions are taken. other pine rocklands in urban Miami- through storm surge) and have the Mechanisms causing the decline of this Dade County, including the known potential to destroy the only known beetle, as discussed above, range from locations for the Miami tiger beetle, population of the Miami tiger beetle and local (e.g., lack of adequate fire changes in the salinity of the water table its suitable habitat. With most of the management, vegetation encroachment), and soils would surely cause vegetation historical habitat having been destroyed to regional (e.g., development, shifts that may negatively impact the or modified, the two known remaining fragmentation, nonnative species), to viability of the beetle. In addition, many populations of the beetle are at high risk global influences (e.g., climate change, existing pine rockland fragments are of extirpation due to stochastic events. SLR). The synergistic effects of threats

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(such as hurricane effects on a species prevent vegetation encroachment. The the Act requires the Service to develop with a limited distribution consisting of two known, small populations of the and implement recovery plans for the just two known populations) make it Miami tiger beetle appear to occupy conservation of endangered and difficult to predict population viability relatively small habitat patches, which threatened species. The recovery now and in the future. While these make them vulnerable to local planning process involves the stressors may act in isolation, it is more extinction from normal fluctuations in identification of actions that are probable that many stressors are acting population size, genetic problems from necessary to halt or reverse the species’ simultaneously (or in combination) on small population size, or environmental decline by addressing the threats to its the Miami tiger beetle. catastrophes. Limited dispersal abilities survival and recovery. The goal of this in combination with limited habitat may process is to restore listed species to a Determination result in local extirpations. point where they are secure, self- We have carefully assessed the best Therefore, on the basis of the best sustaining, and functioning components scientific and commercial information available scientific and commercial of their ecosystems. available regarding the past, present, information, we are listing the Miami Recovery planning includes the and future threats to the Miami tiger tiger beetle as endangered in accordance development of a recovery outline beetle. Habitat loss, degradation, and with sections 3(6) and 4(a)(1) of the Act. shortly after a species is listed and fragmentation have destroyed an We find that a threatened species status preparation of a draft and final recovery estimated 98 percent of the historical is not appropriate for the Miami tiger plan. The recovery outline guides the pine rockland habitat in Miami-Dade beetle because of significant habitat loss immediate implementation of urgent County, with only two known (i.e., 98 percent of pine rockland habitat recovery actions and describes the populations remaining. The threat of in Miami-Dade County) and process to be used to develop a recovery habitat loss is continuing from degradation; the fact that only two plan. Revisions of the plan may be done development, inadequate habitat known small populations of the species to address continuing or new threats to management resulting in vegetation remain; and the imminent threat of the species, as new substantive encroachment, and environmental development projects in the Richmond information becomes available. The effects resulting from climatic change pine rocklands. recovery plan identifies site-specific (see discussions under Factors A and E). Under the Act and our implementing management actions that set a trigger for Due to the restricted range, small regulations, a species may warrant review of the five factors that control population size, few populations, and listing if it is endangered or threatened whether a species remains endangered relative isolation (see Factor E), throughout all or a significant portion of or may be downlisted or delisted, and collection is a significant threat to the its range. Because we have determined methods for monitoring recovery species and could potentially occur at that the Miami tiger beetle is progress. Recovery plans also establish any time (see discussions under Factor endangered throughout all of its range, a framework for agencies to coordinate B). Additionally, the species is currently no portion of its range can be their recovery efforts and provide threatened by a wide array of natural ‘‘significant’’ for purposes of the estimates of the cost of implementing and manmade factors (see Factor E). definitions of ‘‘endangered species’’ and recovery tasks. Recovery teams Existing regulatory mechanisms do not ‘‘threatened species.’’ See the Final (composed of species experts, Federal provide adequate protection for the Policy on Interpretation of the Phrase and State agencies, nongovernmental species (see Factor D). As a result, ‘‘Significant Portion of Its Range’’ in the organizations, and stakeholders) are impacts from increasing threats, singly Endangered Species Act’s Definitions of often established to develop recovery or in combination, are likely to result in ‘‘Endangered Species’’ and ‘‘Threatened plans. When completed, the recovery the extinction of the species because the Species’’ (79 FR 37577). outline, draft recovery plan, and the magnitude of threats is high. final recovery plan will be available on Available Conservation Measures The Act defines an endangered our Web site (http://www.fws.gov/ species as any species that is ‘‘in danger Conservation measures provided to endangered) or from our South Florida of extinction throughout all or a species listed as endangered or Ecological Services Office (see FOR significant portion of its range’’ and a threatened species under the Act FURTHER INFORMATION CONTACT). threatened species as any species ‘‘that include recognition, recovery actions, Implementation of recovery actions is likely to become endangered requirements for Federal protection, and generally requires the participation of a throughout all or a significant portion of prohibitions against certain practices. broad range of partners, including other its range within the foreseeable future.’’ Recognition through listing results in Federal agencies, States, Tribal, We find that the Miami tiger beetle is public awareness and conservation by nongovernmental organizations, presently in danger of extinction Federal, State, Tribal, and local businesses, and private landowners. throughout its entire range based on the agencies, private organizations, and Examples of recovery actions include severity and immediacy of threats individuals. The Act encourages habitat restoration (e.g., restoration of currently affecting the species. The cooperation with the States and requires native vegetation), research, captive overall range has been significantly that recovery actions be carried out for propagation and reintroduction, and impacted because of significant habitat all listed species. The protection outreach and education. The recovery of loss, degradation, and fragmentation of required by Federal agencies and the many listed species cannot be pine rockland habitat. Newly proposed prohibitions against certain activities accomplished solely on Federal lands development is currently threatening are discussed, in part, below. because their range may occur primarily one of only two known populations of The primary purpose of the Act is the or solely on non-Federal lands. To this species. The fragmented nature of conservation of endangered and achieve recovery of these species Miami-Dade County’s remaining pine threatened species and the ecosystems requires cooperative conservation efforts rockland habitat and the influx of upon which they depend. The ultimate on private, State, and Tribal lands. development around them may goal of such conservation efforts is the Following publication of this final preclude the ability to conduct recovery of these listed species, so that listing rule, funding for recovery actions prescribed burns or other beneficial they no longer need the protective will be available from a variety of management actions that are needed to measures of the Act. Subsection 4(f) of sources, including Federal budgets,

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State programs, and cost-share grants for activity; or sell or offer for sale in (7) Unauthorized activities (e.g., non-Federal landowners, the academic interstate or foreign commerce any plowing; mowing; burning; herbicide or community, and nongovernmental listed species. It is also illegal to pesticide application; land leveling/ organizations. In addition, pursuant to possess, sell, deliver, carry, transport, or clearing; grading; disking; soil section 6 of the Act, the State of Florida ship any such wildlife that has been compaction; soil removal; dredging; will be eligible for Federal funds to taken illegally. Certain exceptions apply excavation; deposition of dredged or fill implement management actions that to employees of the Service, the material; erosion and deposition of promote the protection or recovery of National Marine Fisheries Service, other sediment/soil; grazing or trampling by the Miami tiger beetle. Information on Federal land management agencies, and livestock; minerals extraction or our grant programs that are available to State conservation agencies. processing; residential, commercial, or aid species recovery can be found at: We may issue permits to carry out industrial developments; utilities http://www.fws.gov/grants. otherwise prohibited activities development; road construction; or Please let us know if you are involving endangered wildlife under water development and impoundment) interested in participating in recovery certain circumstances. Regulations that take eggs, larvae, or adult Miami efforts for the Miami tiger beetle. governing permits are codified at 50 tiger beetles or that modify Miami tiger Additionally, we invite you to submit CFR 17.22. With regard to endangered beetle habitat in such a way that take any new information on this species wildlife, a permit may be issued for the Miami tiger beetles by adversely whenever it becomes available and any following purposes: For scientific affecting their essential behavioral information you may have for recovery purposes, to enhance the propagation or patterns, including breeding, foraging, planning purposes (see FOR FURTHER survival of the species, and for sheltering, or other life functions. INFORMATION CONTACT). incidental take in connection with Otherwise lawful activities that Section 7(a) of the Act requires otherwise lawful activities. There are incidentally take Miami tiger beetles, Federal agencies to evaluate their also certain statutory exemptions from but have no Federal nexus, will require actions with respect to any species that the prohibitions, which are found in a permit under section 10(a)(1)(B) of the is listed as an endangered or threatened sections 9 and 10 of the Act. Act. species and with respect to its critical It is our policy, as published in the Questions regarding whether specific habitat, if any is designated. Regulations Federal Register on July 1, 1994 (59 FR activities would constitute a violation of implementing this interagency 34272), to identify to the maximum section 9 of the Act should be directed cooperation provision of the Act are extent practicable at the time a species to the South Florida Ecological Services codified at 50 CFR part 402. Section FOR FURTHER INFORMATION is listed, those activities that would or Office (see 7(a)(2) of the Act requires Federal CONTACT would not constitute a violation of ). agencies to ensure that activities they section 9 of the Act. The intent of this authorize, fund, or carry out are not Critical Habitat policy is to increase public awareness of likely to jeopardize the continued Section 3(5)(A) of the Act defines the effect of a final listing on proposed existence of any endangered or critical habitat as ‘‘(i) the specific areas and ongoing activities within the range threatened species or destroy or within the geographical area occupied adversely modify its critical habitat. If a of a listed species. Based on the best by the species, at the time it is listed Federal action may affect a listed available information, the following . . . on which are found those physical species or its critical habitat, the actions may potentially result in a or biological features (I) essential to the responsible Federal agency must enter violation of section 9, of the Act; this conservation of the species and (II) into consultation with the Service. list is not comprehensive: which may require special management Federal agency actions within the (1) Unauthorized possession, considerations or protection; and (ii) species’ habitat that may require collecting, trapping, capturing, killing, specific areas outside the geographical conference or consultation or both as harassing, sale, delivery, or movement, area occupied by the species at the time described in the preceding paragraph including interstate and foreign it is listed . . . upon a determination by include management and any other commerce, or harming or attempting the Secretary that such areas are landscape-altering activities on Federal any of these actions, at any life stage essential for the conservation of the lands administered by the U.S. Coast without a permit (research activities species.’’ Section 3(3) of the Act (16 Guard; issuance of section 404 Clean where Miami tiger beetles are surveyed, U.S.C. 1532(3)) also defines the terms Water Act permits by the Army Corps of captured (netted), or collected will ‘‘conserve,’’ ‘‘conserving,’’ and Engineers; and construction and require a permit under section ‘‘conservation’’ to mean ‘‘to use and the maintenance of roads or highways by 10(a)(1)(A) of the Act). use of all methods and procedures the Federal Highway Administration. (2) Incidental take without a permit which are necessary to bring any The Act and its implementing pursuant to section 10(a)(1)(B) of the endangered species or threatened regulations set forth a series of general Act. species to the point at which the prohibitions and exceptions that apply (3) Sale or purchase of specimens, measures provided pursuant to this to endangered wildlife. The prohibitions except for properly documented antique chapter are no longer necessary.’’ of section 9(a)(1) of the Act, codified at specimens of this taxon at least 100 In the proposed listing rule (80 FR 50 CFR 17.21, make it illegal for any years old, as defined by section 10(h)(1) 79533, December 22, 2015), we person subject to the jurisdiction of the of the Act. determined that designation of critical United States to take (which includes (4) Unauthorized use of pesticides/ habitat for the Miami tiger beetle was harass, harm, pursue, hunt, shoot, herbicides that results in take. prudent. See the Prudency wound, kill, trap, capture, or collect; or (5) Release of biological control agents Determination in the proposed rule for to attempt any of these) endangered that attack any life stage. more information. wildlife within the United States or on (6) Discharge or dumping of toxic Once we determine that the the high seas. In addition, it is unlawful chemicals, silts, or other pollutants into, designation is prudent, we must find to import; export; deliver, receive, carry, or other alteration of the quality of, whether critical habitat for Cicindelidia transport, or ship in interstate or foreign habitat supporting the Miami tiger floridana is determinable. Our commerce in the course of commercial beetles that result in take. regulations (50 CFR 424.12(a)(2)) state

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that critical habitat is not determinable Register on October 25, 1983 (48 FR and upon request from the South when one or both of the following 49244). Florida Ecological Services Field Office situations exists: (1) Information (see FOR FURTHER INFORMATION CONTACT). Government-to-Government sufficient to perform required analysis Relationship With Tribes Authors of the impacts of the designation is lacking; or (2) the biological needs of the In accordance with the President’s The primary authors of this final rule species are not sufficiently well known memorandum of April 29, 1994 are the staff members of the South to permit identification of an area as (Government-to-Government Relations Florida Ecological Services Field Office. critical habitat. with Native American Tribal List of Subjects in 50 CFR Part 17 In our proposed listing rule, we found Governments; 59 FR 22951), Executive that critical habitat was not Order 13175 (Consultation and Endangered and threatened species, determinable because the specific Coordination with Indian Tribal Exports, Imports, Reporting and information sufficient to perform the Governments), and the Department of recordkeeping requirements, required analysis of the impacts of the the Interior’s manual at 512 DM 2, we Transportation. designation was lacking. We are still in readily acknowledge our responsibility the process of obtaining that to communicate meaningfully with Regulation Promulgation recognized Federal Tribes on a information, but anticipate that a Accordingly, we amend part 17, government-to-government basis. In proposed rule designating critical subchapter B of chapter I, title 50 of the accordance with Secretarial Order 3206 habitat for the Miami tiger beetle will be Code of Federal Regulations, as follows: published before the end of fiscal year of June 5, 1997 (American Indian Tribal 2017. Rights, Federal-Tribal Trust PART 17—[AMENDED] Responsibilities, and the Endangered Required Determinations Species Act), we readily acknowledge ■ 1. The authority citation for part 17 National Environmental Policy Act (42 our responsibilities to work directly continues to read as follows: U.S.C. 4321 et seq.) with tribes in developing programs for healthy ecosystems, to acknowledge that Authority: 16 U.S.C. 1361–1407; 1531– 1544; and 4201–4245; unless otherwise We have determined that tribal lands are not subject to the same noted. environmental assessments and controls as Federal public lands, to environmental impact statements, as remain sensitive to Indian culture, and ■ 2. Amend § 17.11(h) by adding the defined under the authority of the to make information available to tribes. following entry to the List of National Environmental Policy Act We are not aware of any Cicindelida Endangered and Threatened Wildlife in (NEPA), need not be prepared in floridana populations on tribal lands. alphabetical order under Insects: connection with listing a species as an endangered or threatened species under References Cited § 17.11 Endangered and threatened the Endangered Species Act. We A complete list of references cited in wildlife. published a notice outlining our reasons this rulemaking is available on the * * * * * for this determination in the Federal Internet at http://www.regulations.gov (h) * * *

Listing citations and Common name Scientific name Where listed Status applicable rules

*******

INSECTS

******* Beetle, Miami tiger ...... Cicindelidia floridana ...... U.S.A. (FL) ...... E 81 FR [Insert Federal Register page where the document begins]; October 5, 2016.

*******

* * * * * Dated: September 21, 2016. Stephen Guertin, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2016–23945 Filed 10–4–16; 8:45 am] BILLING CODE 4333–15–P

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