[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Rules and Regulations]
[Pages 33194-33238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10077]
[[Page 33193]]
Vol. 88
Tuesday,
No. 99
May 23, 2023
Part II
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Designation of Critical
Habitat for the Miami Tiger Beetle; Final Rule
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Rules
and Regulations
[[Page 33194]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2021-0053; FF09E21000 FXES11110900000 234]
RIN 1018-BF38
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for the Miami Tiger Beetle
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate
critical habitat for the Miami tiger beetle (Cicindelidia floridana)
under the Endangered Species Act of 1973 (Act), as amended. In total,
approximately 1,869 acres (756 hectares) in Miami-Dade County, Florida,
fall within the boundaries of the critical habitat designation. This
rule extends the Act's protections to the Miami tiger beetle's critical
habitat.
DATES: This rule is effective June 22, 2023.
ADDRESSES: This final rule is available on the internet at https://www.regulations.gov and https://www.fws.gov/office/florida-ecological-services/library. Comments and materials we received, as well as
supporting documentation we used in preparing this rule, are available
for public inspection at https://www.regulations.gov at Docket No. FWS-
R4-ES-2021-0053.
For the critical habitat designation, the coordinates or plot
points or both from which the maps are generated are included in the
decision file and are available at https://www.regulations.gov at
Docket No. FWS-R4-ES-2021-0053, at https://www.fws.gov/office/florida-ecological-services/library, and at the Florida Ecological Services
Field Office (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Lourdes Mena, Division Manager,
Florida Classification and Recovery, U.S. Fish and Wildlife Service,
Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite
200, Jacksonville, FL 32256-7517; telephone 904-731-3134. Individuals
in the United States who are deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY, TTDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under the Act, any species that is
determined to be an endangered or a threatened species requires
critical habitat to be designated, to the maximum extent prudent and
determinable. Designations and revisions of critical habitat can only
be completed by issuing a rule through the Administrative Procedure Act
rulemaking process (5 U.S.C. 551 et seq.).
What this document does. We are designating critical habitat for
the Miami tiger beetle, which is listed as an endangered species.
The basis for our action. Section 3(5)(A) of the Act defines
critical habitat as (i) the specific areas within the geographical area
occupied by the species, at the time it is listed, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) which may require special management
considerations or protections; and (ii) specific areas outside the
geographical area occupied by the species at the time it is listed,
upon a determination by the Secretary that such areas are essential for
the conservation of the species. Section 4(b)(2) of the Act states that
the Secretary must make the designation on the basis of the best
scientific data available and after taking into consideration the
economic impact, the impact on national security, and any other
relevant impacts of specifying any particular area as critical habitat.
Previous Federal Actions
Please refer to the final rule to list the Miami tiger beetle as an
endangered species (81 FR 68985; October 5, 2016) and the proposed rule
to designate critical habitat for the Miami tiger beetle (86 FR 49945;
September 7, 2021) for a detailed description of previous Federal
actions concerning this species.
Summary of Changes From the Proposed Rule
The following are specific changes that we make in this final rule
to designate critical habitat for the Miami tiger beetle based on
public comments on, and information made available since the
development and publication of, our September 7, 2021, proposed rule
(86 FR 49945):
(1) We correct the name of Unit 3 from Deering Estate South Edition
to Deering Estate South Addition.
(2) We change the name of Unit 13 from Camp Matecumbe to Boystown
Pineland Preserve.
(3) We adjust the boundaries of Unit 14 at the Coral Reef Commons
property to avoid small areas (less than 0.5 acre) of development and
align with the habitat conservation plan (HCP) on-site preserve and
mitigation area.
(4) We are excluding the Coral Reef Commons HCP on-site preserve
and off-site mitigation area in Unit 14 from this final designation
pursuant to section 4(b)(2) of the Act (16 U.S.C. 1531 et seq.) based
on the provisions of the HCP. This amounts to a decrease of
approximately 109.3 acres (ac) (44.2 hectares (ha)) from the critical
habitat areas we proposed. In addition, we obtained new property
boundary information from Miami-Dade County (Miami-Dade County open
data hub; accessed February 4, 2022) and information from the public
comments to help refine the specific boundaries of critical habitat
around the on-site preserves. Because of this exclusion, in this rule,
we present revised index and Unit 14 maps, and in our supporting
documents at https://www.regulations.gov at Docket No. FWS-R4-ES-2021-
0053, we provide updated coordinates or plot points from which those
maps were generated.
(5) We specify that ``managed lawns'' are not included in this
critical habitat designation.
(6) In the List of Endangered and Threatened Wildlife at 50 CFR
17.11(h), we revise the information in the ``Where listed'' column for
the Miami tiger beetle to read, ``Wherever found.'' This corrects the
entry in the List to accurately reflect that this species' listing is
not a population-based listing but a listing of the species in its
entirety. This correction does not change the description,
distribution, or endangered status of the Miami tiger beetle.
(7) We also made several nonsubstantive, editorial corrections for
clarity and increased readability.
Summary of Comments and Recommendations
In the proposed rule published on September 7, 2021 (86 FR 49945),
we requested that all interested parties submit written comments on the
proposal by November 8, 2021. We also contacted appropriate Federal and
State agencies, scientific experts and organizations, and other
interested parties and invited them to comment on the proposal. A
newspaper notice inviting the general public to comment on our proposal
was published in the Miami Herald on September 13, 2021.
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During the public comment period, we received a request for a
public hearing on the proposal, and on November 8, 2021, we published
in the Federal Register a document (86 FR 61745) extending the public
comment period on the proposal to December 23, 2021, and announcing a
December 2, 2021, public hearing on the proposal. A subsequent notice
was published in the Miami Herald on November 9, 2021, announcing the
extension of the public comment period on the proposal and the public
hearing, and inviting public comment. As announced, we held the public
hearing on December 2, 2021.
We received a total of more than 850 public comments on our
proposal, inclusive of the public hearing testimony, including two peer
reviewer, three State, and two Miami-Dade County comments; a supportive
post card campaign (more than 800 comments); and other members of the
public (through written comments or public hearing testimony from
individuals). We did not receive any comments from Federal agencies or
Tribal entities. All substantive information we received during the
full comment period on the proposal has either been incorporated
directly into this final rule or is addressed below.
Peer Reviewer Comments
We solicited comments from four peer reviewers on our proposal to
designate critical habitat for the Miami tiger beetle and subsequently
received responses from two of the peer reviewers. We reviewed the
responses from the peer reviewers for substantive information and
comments directly related to the species and our proposal. The two
respondents generally found our proposal was well-supported. Peer
reviewer comments are addressed in the following summary and were
incorporated into this final rule, as appropriate.
(1) Comment: One peer reviewer noted that management of habitat to
maintain it as open and suitable for the Miami tiger beetle is a very
critical concern; the reviewer added that management of habitat at the
two sites currently occupied by the species has been insufficient,
resulting in low population sizes, and thus can be a serious threat to
the survival of the species. The reviewer and others suggested that
prescribed fire at frequent intervals may be the best management method
but acknowledged that manual removal of leaf litter and vegetation may
also be a suitable method.
Our Response: Appropriate habitat management using different
disturbance regimes (i.e., methods), as appropriate, to maintain a
mosaic of suitable sandy and disturbed habitat is essential for the
Miami tiger beetle's survival and conservation. Controlled burning is
the preferred method of maintaining the habitat, but this technique is
not always available or the most prudent for specific parcels. That is
why we also acknowledge the importance of other methods of maintaining
habitat in appropriate disturbance mosaics, such as manual clearing and
removal of leaf litter and encroaching vegetation. To highlight the
importance of maintaining the appropriate disturbance regime of pine
rockland habitat for the Miami tiger beetle, both in the September 7,
2021, proposed rule and in this final rule, we include maintenance by
natural or prescribed fire or other disturbance regimes in one of the
physical or biological features essential to the beetle's conservation
(see Physical or Biological Features Essential to the Conservation of
the Species, below).
(2) Comment: One peer reviewer, in addition to the Florida Natural
Areas Inventory (FNAI; a State agency) and others, commented that
additional parcels that are currently unoccupied by the Miami tiger
beetle have appropriate pine rockland habitat for the species and
should be included in the critical habitat designation. In particular,
the reviewer and others focused on the inclusion of Ludlam Pineland
Preserve and the adjacent Florida Power and Light (FPL) lands.
Our Response: We may designate critical habitat that is outside the
geographical area occupied by the species if we determine it to be
essential for the conservation of the species. Accordingly, during the
development of our September 7, 2021, proposed rule, we evaluated
numerous parcels outside the species' current range containing pine
rockland habitat to determine if they may meet the criteria we
established for inclusion in critical habitat, which includes size of
parcel, quality of existing pine rockland habitat, appropriate soils,
and existing or potential for long-term habitat management either
through prescribed fire or manual methods. Many of the parcels of
remnant pine rocklands within the historical range of the Miami tiger
beetle in south Florida initially considered for inclusion in the
proposed critical habitat designation were removed from further
consideration due to a combination of factors, including poor quality
of habitat (i.e., extensive infestation of invasive vegetation,
significantly overgrown), and lack of the appropriate soil types, and
lack of existing protections and management. Many areas were too
overgrown with native and invasive vegetation and the intensive, long-
term management necessary to provide quality habitat was determined to
be not practicable, due to several factors including land ownership,
access, and purpose or mission of the lands. Thus, we determined those
areas did not meet the definition of critical habitat for the Miami
tiger beetle. Consequently, the unoccupied parcels we found essential
for the conservation of the Miami tiger beetle are those that we
determined to have the best opportunity for supporting existing and
future populations of the Miami tiger beetle and that had a high
probability of having long-term management for the species and its
habitat.
As indicated above, numerous commenters, including a peer reviewer
and FNAI, recommended that Ludlum Pineland Preserve and the adjacent
FPL lands be included in the critical habitat designation for the Miami
tiger beetle. Our initial assessment of the Ludlam Pineland Preserve
suggested that while it meets the size criteria, includes the
appropriate soil types, and has some management potential, the site is
extensively overgrown with invasive species, and the long-term
management potential for the Miami tiger beetle and its specific
habitat needs is uncertain. As a result, the site ultimately was not
considered further. Previous field surveys (Knisley 2014, p. 42) of
Ludlam Pineland Preserve indicated that the site was disturbed with a
heavy pine overstory and thick understory of saw palmetto; surveyors
concluded there was minimal habitat for the Miami tiger beetle. In
fact, one surveyor gave it an overall grade of ``D'' for habitat
suitability. A subsequent survey conducted in late August 2021 by
representatives from FNAI (FNAI 2021, entire), the results of which
were provided to us during the public comment period on our September
7, 2021, proposed rule, further confirmed that the site is extensively
overgrown with vegetation, both canopy and understory, and has a deep
layer of leaf litter, thus making it unsuitable for the Miami tiger
beetle at this time. Even though the parcel is currently being managed
for pine rockland habitat, the management is insufficient for the Miami
tiger beetle and its preferred habitat. While we recognize that with
extensive management, this parcel could have future habitat potential
for the Miami tiger beetle, we do not consider it to meet the
definition of critical habitat for the Miami tiger beetle. As a result,
we find that it does not currently meet the criteria for
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inclusion in a critical habitat designation for the species.
Our initial evaluation of the FPL parcel was comparable to that of
the Ludlam Pineland Preserve parcel in that the existing habitat may
not be of high quality, and the long-term management potential for the
Miami tiger beetle is limited due to land ownership and the use or
mission of the property. As such, we did not include the FPL parcel in
our proposed critical habitat designation for the Miami tiger beetle.
During the public comment period on our September 7, 2021, proposed
rule, FNAI provided results of an August 2021 field survey of the FPL
parcel. The field survey identified that the areas under the powerlines
contain a dense understory of vegetation, but some adjacent areas
consist of suitable open sandy substrates, suggesting potential
suitable habitat for the Miami tiger beetle. Even though the parcel may
contain some suitable habitat for the beetle, we have determined that
the FPL parcel is not essential for the conservation of the species.
While the parcel is subjected to a certain level of management and
disturbance, which maintains the lands for the utility and provides
some habitat for the beetle, we find that the type and level of
management may not be fully consistent with the beetle's long-term
needs. Further, the mission or purpose of the parcel is to be
maintained for the utility, suggesting that management may be
inconsistent with the conservation needs of the beetle. Consequently,
we concluded that this parcel doesn't meet the definition of critical
habitat for Miami tiger beetle. Therefore, we are not including the FPL
parcel in this critical habitat designation for the species. However,
like Ludlum Pineland Preserve and similar parcels containing disturbed
pine rockland habitat, this parcel could provide habitat for the Miami
tiger beetle if managed appropriately.
Comments From States
We received three comments from State agencies on our proposal, two
from FNAI and one from the Florida Fish and Wildlife Conservation
Commission (FFWCC). The comments from FNAI focused primarily on the
recommendation to include Ludlam Pineland Preserve, discussed above,
but to not include Gould's Pineland Preserve, discussed below. The
comments from FFWCC provided a statement of support for the criteria
used in the development of our proposal to identify specific areas as
critical habitat for the Miami tiger beetle; provided some editorial
comments; sought clarification of proposed Unit 14, Richmond Pine
Rocklands, and the treatment of the Coral Reef Commons HCP and other
parcels therein; discussed habitat management for the Miami tiger
beetle and provided some recommendations; and discussed captive
propagation of the species.
(3) Comment: FNAI recommended that Gould's Pineland Preserve not be
included due to current site conditions based on recent survey
information. However, numerous other commenters recommended that the
parcel be considered for inclusion in critical habitat. Further,
commenters also recommended that additional areas be considered for
inclusion in critical habitat. These include, but are not limited to,
Boystown Pineland Preserve, R. Hardy Matheson Preserve, pine rockland
habitat on Miami Executive Airport, Camp Choee, lands containing pine
rockland habitat adjacent to the University of Miami's Center for
Southeastern Tropical Advanced Remote Sensing (CSTARS) facility, and
Coral Reef Park.
Our Response: Since Gould's Pineland Preserve is outside the
geographical area occupied by the species at the time of listing, it
must be essential for the conservation of the Miami tiger beetle in
order to meet the Act's definition of critical habitat. As discussed
above, during the development of our proposal, we evaluated numerous
unoccupied parcels containing pine rockland habitat to determine if
they are essential for inclusion in critical habitat; our evaluations
included size of parcel, quality of existing pine rockland habitat,
soil type(s), and existing protections and management either through
prescribed fire or manual methods. Many of the parcels of remnant pine
rocklands within the historical range of the Miami tiger beetle in
south Florida initially considered for critical habitat were removed
from further consideration due to a combination of factors including
containing poor quality of habitat (i.e., extensive infestation of
invasive vegetation, significantly overgrown), lack of the appropriate
soil types, and lack of existing protections and management. Many areas
were too overgrown with vegetation, and the intensive, long-term
management necessary to provide quality habitat was determined to be
not practicable, due to several factors including land ownership and
access. Thus, we determined those areas were not essential for the
conservation of the Miami tiger beetle. Consequently, the unoccupied
parcels we found essential to the conservation of the Miami tiger
beetle are those parcels in our proposal that we determined to have the
best opportunity for supporting existing and future populations of the
Miami tiger beetle.
Like Ludlam Pineland Preserve, Gould's Pineland Preserve was
initially evaluated for inclusion in critical habitat for the Miami
tiger beetle but was summarily rejected due to current site/habitat
conditions based on field survey information. Surveys from 2015
provided information that the site contained very thick canopy and
midstory of vegetation and that leaf litter/thatch on the ground was
too thick, thus rendering the site unsuitable for the Miami tiger
beetle. At that time one surveyor gave it an overall grade of D-F for
habitat suitability. A subsequent survey conducted in late August 2021
by representatives from FNAI, the results of which were provided to us
during the public comment period on our September 7, 2021, proposed
rule, further confirmed that the site is extensively overgrown with
vegetation, both canopy and understory, and has a deep layer of leaf
litter, thus making it unsuitable for the Miami tiger beetle. The site
also appears to be too rocky with little mixed sand areas, so even with
extensive management, the site may not support the beetle. While we
recognize that with extensive long-term management of this parcel, it
could provide limited habitat for the Miami tiger beetle, we currently
do not consider it to be essential for the conservation of the beetle.
As a result, we do not find that Gould's Pineland Preserve meets the
Act's definition of critical habitat for the Miami tiger beetle.
Likewise, Boystown Pineland Preserve, R. Hardy Matheson Preserve,
pine rockland habitat on Miami Executive Airport, Camp Choee, and Coral
Reef Park each were initially considered for inclusion in critical
habitat. Boystown Pineland Preserve was included in our September 7,
2021, proposed rule but incorrectly identified as Camp Matecumbe
(proposed Unit 13). In this final rule, the name of the unit has been
corrected to Boystown Pineland Preserve. As for the other areas:
(1) R. Hardy Matheson Preserve is considered rockland hammock, not
pine rockland, and has the wrong soil type for the Miami tiger beetle;
therefore, it is not considered to be essential for the species.
(2) Pine rockland habitat on Miami Executive Airport consists of
private land that is currently being managed for airport use, which is
not consistent with the needs of the Miami tiger beetle.
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Therefore, the parcel is not considered essential habitat for the
beetle.
(3) Camp Choee is a privately owned Girl Scout camp whose mission
does not include protection and management for the beetle or its
habitat, and therefore it is not considered essential habitat.
(4) We did determine that the pine rocklands adjacent to the
University of Miami CSTARS facility is essential to the conservation of
the Miami tiger beetle. This land is associated with the mitigation
area for the Coral Reef Common HCP and is being conserved and managed
for the beetle and its essential habitat features. As discussed below,
this mitigation area is being excluded from this final critical habitat
designation pursuant to section 4(b)(2) of the Act based on the
conservation provisions of the HCP (see Consideration of Impacts under
Section 4(b)(2) of the Act, below).
(5) Coral Reef Park is an urban park with some marginal rocky
habitat with some sand along the periphery, and as such we do not find
it to be essential habitat for the beetle.
Consequently, these areas are not included this final designation
of critical habitat for the Miami tiger beetle as we have concluded
they do not meet the definition of critical habitat or are being
excluded pursuant to section 4(b)(2) of the Act. As previously
discussed above, additional parcels not specifically named in this rule
were evaluated during the development of the proposal and for this
final rule, but we did not find them essential for the conservation of
the species because they do not meet the habitat requirements for the
Miami tiger beetle, such as presence of one or more of the essential
physical or biological features.
(4) Comment: FFWCC and other commenters recommended that the pine
rockland habitat within the Coral Reef Commons HCP preserve and
mitigation area parcels be included in the final critical habitat
designation to emphasize their significance to the management of, and
their connectivity to, the Richmond Pine Rocklands (Unit 14).
Our Response: We agree with FFWCC's assessment that the habitat
within the Coral Reef Commons HCP preserve and mitigation areas is
central to the long-term conservation of the Miami tiger beetle and
that the proper management and conservation of the habitat within these
two parcels is paramount. However, consistent with our section 4(b)(2)
policy (81 FR 7226; February 11, 2016), if a signed conservation plan
or program provides for the necessary long-term conservation and
management of habitat for a species for which critical habitat is being
considered, then we may choose to conduct an analysis pursuant to
section 4(b)(2) of the Act to determine if the benefits of excluding
the specific area under consideration outweigh the benefits of
including the area in critical habitat. We have determined through our
analysis that the provisions set forth in the Coral Reef Commons HCP,
as implemented, will provide for the appropriate long-term management
and conservation of this habitat such that the benefits of its
inclusion are significantly reduced. Accordingly, we determined that
the benefits of excluding these specific parcels from this critical
habitat designation outweigh the benefit of their inclusion in the
designation. (See Consideration of Impacts under Section 4(b)(2) of the
Act, below, for more information.) As a result, the preserve and
mitigation areas associated with the Coral Reef Commons HCP have been
excluded from this final critical habitat designation pursuant to
section 4(b)(2) of the Act.
(5) Comment: FFWCC recommended that we clarify the specific parcels
and landownership within Unit 14 (Richmond Pine Rocklands), conduct
surveys on parcels in which the occupancy by the Miami tiger beetle has
not been verified, and manage the habitat on each parcel to benefit the
species.
Our Response: In developing our September 7, 2021, proposed rule,
we used the best information and mapping data available from the county
and other sources to determine landownership within this unit. We
recognize that, for some parcels, landownership was vague or boundaries
imprecise, but this was the best data available to us at that time. We
have obtained more recent 2022 parcel or landownership information from
Miami-Dade County for use in the development of this final rule;
however, these parcel data did not provide any further clarification on
property ownership within Unit 14.
We also agree with FFWCC that further surveys should be conducted
throughout Unit 14 to verify and document the extent of occupancy by
the Miami tiger beetle and identify those areas where habitat
restoration or management may be a priority. However, since some of the
land, such as the University of Miami CSTARS and Coral Reef Commons, is
private, we do not have access to the parcels to directly conduct such
field surveys and are thus reliant on the property owners for either
granting access for conducting field surveys or providing specific
information concerning habitat quality and potential for occupancy by
the beetle. Other parcels are federally owned, but have limited access
due to security constraints, such as the Federal prison and U.S. Coast
Guard areas. Further, known occurrences of Miami tiger beetle in this
unit suggest beetles are capable of moving throughout this unit such
that all the areas within the unit meet the definition of the
``geographical area occupied by the species,'' which is defined in
title 50 of the Code of Federal Regulations (CFR) at 424.02 (50 CFR
424.02) as an area that may generally be delineated around species'
occurrences, as determined by the Secretary (i.e., range). As the
regulations provide, the occupied areas may include those areas used
throughout all or part of the species' life cycle, even if not used on
a regular basis, including migratory corridors. Accordingly, although
we agree that additional surveys would be helpful to identify the
extent of occupancy, we clarify that we consider the entire unit to be
within the geographical area occupied by the species.
Public Comments
(6) Comment: A commenter indicated that the boundaries of proposed
critical habitat were not accurately aligned with the boundaries of the
Coral Reef Commons HCP preserve and mitigation areas and requested that
we ensure that the boundaries are aligned in the final rule.
Our Response: It was our intent that the boundaries of the proposed
critical habitat for the Miami tiger beetle avoid the developed areas
in the Coral Reef Commons property and align with those of the preserve
and mitigation areas established in the Coral Reef Commons HCP.
However, given the scale of the maps for publication in the Federal
Register, it may appear in this document that the boundaries are not
aligned. We have verified their alignment in this final rule. The
coordinates or plot points or both from which the maps are generated
are included in the decision file and are available at https://www.regulations.gov at Docket No. FWS-R4-ES-2021-0053, at https://www.fws.gov/office/florida-ecological-services/library, and at the
Florida Ecological Services Field Office (see FOR FURTHER INFORMATION
CONTACT).
(7) Comment: Several commenters expressed concern about the long-
term viability of pine rockland habitat and conservation potential for
the Miami tiger beetle given the impacts of climate change (i.e., more
frequent and severe storm and hurricane events, sea level rise, and
saltwater intrusion).
[[Page 33198]]
Our Response: Such factors as increased extreme weather events and
hurricanes, sea level rise, and saltwater intrusion, along with other
possible effects of climate change, do raise serious concerns not only
for the Miami tiger beetle but for many of the endangered, threatened,
and at-risk species in south Florida. These factors were considered in
the development of our September 7, 2021, proposed rule. Many of the
critical habitat units are at elevations above projected sea level
rise; however, there could be impacts due to salinization of the water
table and shifts in vegetation. Specifically, numerous parcels of pine
rockland habitat were identified that either have good quality habitat
for the beetle or have a high potential for restoration and management
so that, ultimately, through the process of translocation and
introduction, additional populations of the beetle can be established.
With currently only two known extant populations of the Miami tiger
beetle, it is our expectation that multiple populations distributed
across the species' historical range will help protect the long-term
survivability of the species from stochastic events and impacts from
these climate-related factors.
(8) Comment: Several commenters suggested that the proposed
critical habitat within Unit 14 (Richmond Pine Rocklands) includes
roadways, pathways, pavement, buildings, and other structures that lack
the physical or biological features essential to the conservation of
the Miami tiger beetle.
Our Response: As explained in our September 7, 2021, proposed rule
and this final rule, critical habitat does not include human-made
structures (such as buildings, aqueducts, runways, roads, and other
paved areas) or the land on which they are located, so these features
within designated units are not considered critical habitat. In
developing and delineating critical habitat for the Miami tiger beetle,
we used the most current mapping and survey information available to us
to focus on identifying the specific areas that contain the essential
physical or biological features for the species and made every attempt
to not include developed areas such as roads, pavement, buildings, and
other such areas. In developing this final rule, we obtained new
property boundary information from Miami-Dade County (Miami-Dade County
open data hub; accessed February 4, 2022) and information from public
comments on our September 7, 2021, proposed rule to help refine the
specific boundaries of critical habitat. As indicated in our proposal
and reiterated in this rule, we made every effort to avoid including
developed areas such as lands covered by buildings, pavement, and other
structures because such lands lack physical or biological features
necessary for the Miami tiger beetle. The scale of the maps we prepared
under the parameters for publication within the Code of Federal
Regulations may not reflect the exclusion of such developed lands.
To help clarify and facilitate implementation, specifically for
Unit 14 of this final rule, this critical habitat designation does not
include maintained asphalt roads and paths or buildings and structures
associated with the Gold Coast Railroad Museum, Military Museum, and
Zoo Miami, or managed fields comprised of dense lawn grass used for Zoo
Miami operations. Further, any such lands inadvertently left inside
critical habitat boundaries shown on the maps of this rule have been
excluded by text in the rule and are not designated as critical
habitat. Therefore, a Federal action involving these lands will not
trigger section 7 consultation with respect to critical habitat and the
requirement of no adverse modification, unless the specific action will
affect the physical or biological features essential to the Miami tiger
beetle in the adjacent critical habitat. In contrast, this critical
habitat designation for the Miami tiger beetle includes areas that
contain degraded asphalt, gravel, dirt roads, dirt paths, or dirt
firebreaks, and vegetated areas not containing dense, frequently
maintained lawn grass used for Zoo Miami operations.
(9) Comment: One commenter indicated that the boundaries we
identified in the Unit 14 (Richmond Pine Rocklands) of our proposed
critical habitat for the Miami tiger beetle overlap with small portions
(a total of 0.3 acres (1.21 hectares)) of land identified as areas to
be developed (i.e., not preserve or mitigation area) as part of the
Coral Reef Commons HCP. The commenter requested that we align the
boundaries of critical habitat with those for the HCP to remove the
areas to be developed. The commenter further provided a map showing the
areas of overlap to facilitate their removal from the critical habitat
unit's boundaries.
Our Response: We appreciate the information and map provided by the
commenter. In this final rule, we align the boundaries of critical
habitat within Unit 14 (Richmond Pine Rocklands) to remove those areas
identified in the Coral Reef Commons HCP as areas to be developed.
(10) Comment: A commenter on behalf of the Miami Wilds proposed
development stated that the Miami Wilds development footprint for the
project only includes paved surfaces and undeveloped areas of densely
overgrown, invasive vegetation, and that portions of the development
footprint are included within the boundaries of the proposed critical
habitat designation for the Miami tiger beetle. The commenter further
indicated that they compared the boundaries of the proposed critical
habitat designation with information they have from field surveys
conducted within the development footprint and the results of that
comparison suggest that the proposed critical habitat designation
includes areas that do not contain habitat for the beetle and are not
known to be occupied by the beetle. The commenter recommended that only
areas known to contain the essential habitat for the Miami tiger beetle
in Unit 14 should be included in the final critical habitat designation
and the ``non-habitat'' areas should be removed. The commenter further
suggested that the entirety of Unit 14 (Richmond Pine Rocklands) is not
occupied by the Miami tiger beetle as the September 7, 2021, proposed
rule indicates. The commenter cites information from surveys conducted
in portions of Unit 14 in 2020 and 2021 following the 2015 Survey
Guidelines for the Miami Tiger Beetle that were negative for the
beetle. The commenter recommended that only areas known to be occupied
by the Miami tiger beetle in Unit 14 be identified as occupied and
those areas not known to be occupied, or where there is negative survey
information, be labeled as unoccupied.
Our Response: In our September 7, 2021, proposed rule, we
identified Unit 14 (Richmond Pine Rocklands) as occupied by the Miami
tiger beetle based on the known, documented presence of the beetle at
several locations throughout the unit and the unit contains one or more
of the physical and biological features. As discussed above in our
response to (5) Comment, the ``geographical area occupied by the
species'' is defined at 50 CFR 424.02 as an area that may generally be
delineated around species' occurrences, as determined by the Secretary
(i.e., range). Such areas may include those areas used throughout all
or part of the species' life cycle, even if not used on a regular basis
(e.g., migratory corridors, seasonal habitats, and habitats used
periodically, but not solely by vagrant individuals). While the
entirety of Unit 14 may not be
[[Page 33199]]
occupied at all times, the known occurrences of the Miami tiger beetle
in this unit suggest they are capable of moving throughout this area
given the suitable habitat and lack of barriers to dispersal such that
the area comprising Unit 14 meets the definition of the ``geographical
area occupied by the species'' for the Miami tiger beetle. It is also
likely that there may be additional populations in the unsurveyed and
undersurveyed areas of this unit due to the suitable habitat present
within the unit. For example, in the summer of 2021, surveyors
discovered Miami tiger beetles in a new area of the Miami Zoo property,
over 0.6 miles (1 kilometer) from the closest known areas. However,
given the concerns related to the extent of occupancy within Unit 14,
we also considered whether these areas would meet the standard for
critical habitat if we assumed the areas were not occupied. We find
they would. The Miami tiger beetle currently requires additional
populations if it is to recover to the point that it could be removed
from the Federal List of Endangered and Threatened Wildlife. Due to the
limited remaining suitable habitat for this species and the proximity
of these areas to documented occurrences, the continuity of habitat,
and presence of the physical or biological features essential to the
Miami tiger beetle, these areas are essential for the conservation of
the Miami tiger beetle. Further, given the scale of mapping for this
critical habitat designation, it is difficult to extract small areas of
non-habitat. Please refer to our response to (8) Comment, above for
clarification on the treatment of certain areas within critical
habitat.
(11) Comment: One commenter suggested that the draft economic
analysis for the proposed critical habitat designation for the Miami
tiger beetle is flawed, specifically with regards to Unit 14 (Richmond
Pine Rocklands). The commenter asserted the flaws result from the
analysis relying on: (1) Overestimating the extent of current
occupation by the beetle in Unit 14, thereby overestimating the extent
of existing baseline protection due to listing of the species; (2)
overestimating the extent of overlap with other listed species and
their designated critical habitats in Unit 14, thereby overestimating
the extent of existing baseline protection due to the presence of other
listed species; (3) overstating the presence of essential habitat
features for the beetle on numerous roadways, pathways, pavement,
buildings, and other structures in Unit 14, and therefore overstating
the presence of other baseline protections in the unit; and (4)
limiting evaluation of potential perception-related impacts to
privately owned lands and lack of consideration for incremental costs
for private development on county-owned leased lands.
Our Response: As discussed in our response to (10) Comment, above,
we identified Unit 14 as occupied by the Miami tiger beetle based on
the documented presence of the beetle at several locations throughout
the unit and the likelihood of the species' ability to disperse within
this unit. Based on our knowledge of this species, we believe that at
any given time, suitable habitat in the unit can be occupied either
temporarily or permanently by the species. Further, given the
contiguous habitat with few barriers to dispersal, frequent adult
movement among individuals is likely, and the occupied Richmond parcels
likely represent a single population (Knisley 2015a, p. 10). Thus, we
consider the entirety of Unit 14 to be within the geographical area
occupied by the species, and we have treated the entire unit as being
occupied for the designation of critical habitat, with the exception of
those areas discussed in response to (8) Comment that would not be
considered critical habitat.
We recognize, however, that the species may not be present in all
areas of this unit at all times. Accordingly, the economic effects of a
consultation resulting from this critical habitat designation could be
considered incremental if there is a future action with a Federal nexus
in an area where the species is not present and there would be no
effects to the species itself from the proposed action. That said,
since we have determined that these areas contain at least one of the
physical or biological features essential to the Miami tiger beetle,
future proposed projects are likely to affect the species itself by
affecting the features it depends on. Thus, the outcome of the
consultation would likely be the same as it would be if the species
were to be present at the time of consultation. We would recommend
protective measures be established for the Miami tiger beetle
regardless of critical habitat designation in this unit because of
potential impacts to the features the species depends on. Given this,
we agree with the draft economic analysis that the incremental costs
resulting from the designation of critical habitat would be expected to
be minimal above those in place due to the presence of the listed
species.
However, even if we assumed no occupancy of Miami tiger beetles for
the purposes of considering the economic impacts, the commentor did not
provide us with specific information about any costs that may be
incurred. Further, these areas, as the last remaining pine rocklands
directly adjacent and within dispersal proximity to the occurrence of
one of only two populations of the beetle, are vitally essential to the
conservation of this species and are likely to be critical habitat
regardless of potential economic impacts.
It is also well-documented that numerous other federally listed
species occupy habitat in Unit 14 (Richmond Pine Rocklands). Some of
these species are narrowly restricted in their mobility and in their
specific habitat needs, while other are more mobile and can utilize
pine rockland habitat of various quality. Further, critical habitat has
been designated for a number of these species, as the commenter notes.
Although these existing critical habitat designations have defined
boundaries, many of the other listed species currently without critical
habitat designations can occupy habitat throughout the unit at any
given time. Thus, the presence of other listed species and critical
habitat designations for other species are likely to result in
protective measures in this unit even absent designated critical
habitat for the Miami tiger beetle.
The commenter further asserted that developed areas within the unit
(e.g., roadways, pathways, pavement, buildings, and other structures)
do not contain pine rockland habitat and are not subject to baseline
protections, such as Miami-Dade County's Natural Forest Communities
designation. These areas are addressed above in our response to (8)
Comment.
Lastly, the commenter asserts that our draft economic analysis did
not take into consideration the incremental costs to a developer for
private development on county-owned leased lands. The regulatory
mechanism through which critical habitat protections are realized is
section 7 of the Act, which requires Federal agencies, in consultation
with the Service, to ensure that any action authorized, funded, or
carried out by the Federal agency is not likely to destroy or adversely
modify critical habitat. A private development project on county-owned
leased lands would only have a regulatory, and therefore incremental,
effect if there is a Federal nexus (e.g., Federal funding, Federal
permit, Federal land transfer, etc.) for the project, or if the
designation of critical habitat triggers regulatory compliance under
State or local laws, or if there are perception effects associated with
regulatory uncertainty. As the commenter notes, the draft economic
analysis specifically discusses
[[Page 33200]]
perception-related impacts as related to privately owned lands. We
revised the draft economic analysis to acknowledge that perception-
related effects are also possible on county-owned lands leased to
private developers. However, any such costs are speculative, and the
economic analysis was unable to quantify them. The commenter also did
not provide any cost-specific information on the perceptions or
incremental impacts to private development of county-owned lands.
Regardless, because of the presence of the Miami tiger beetle and other
listed species and existing designated critical habitats in the
vicinity of these lands, incremental impacts, including perception-
related impacts, on these leased lands appears unlikely.
(12) Comment: As a consequence of the issues raised in (10) Comment
and (11) Comment, above, one commenter stated that the benefits of
excluding specific ``non-habitat'' areas from Unit 14 outweigh the
potential conservation benefits to the Miami tiger beetle. The
commenter requested that we exclude those specific ``non-habitat''
areas from the final designation of critical habitat for the Miami
tiger beetle.
Our Response: In our responses to (10) Comment and (11) Comment,
above, as well as other comments, we discuss the occupancy by the Miami
tiger beetle within Unit 14 (Richmond Pine Rocklands) and the
suitability of habitat within that unit. We acknowledge that the unit
contains a mosaic of good quality habitat and lesser quality habitat,
and that certain ``non-habitat'' areas of human-made structures (such
as buildings, aqueducts, runways, roads, other paved areas, and managed
lawns) or the land on which they are located appear to be included in
this critical habitat designation due to the scale of mapping. However,
as we explain in our response to (8) Comment, those areas are not
included in critical habitat through the text of this rule (see
Regulation Promulgation, below).
We also recognize that excluding the other specific areas
identified by the commenter may relieve some potential perceived
regulatory and cost (financial, time, resource) burdens. However,
additional information on why these specific areas should be excluded
under section 4(b)(2) of the Act has not been provided to us and
therefore we were unable to conduct an analysis to balance or weigh the
benefits of excluding the area against the benefits of including that
area in the designation. These areas provide dispersal corridors for
the Richmond population of the Miami tiger beetle, provide potential
habitat for population expansion, and support prey populations. The
Secretary may exclude an area from critical habitat based on economic
impacts, impacts on national security, or any other relevant impacts.
Exclusion decisions are governed by the regulations at 50 CFR 424.19
and the Policy Regarding Implementation of Section 4(b)(2) of the
Endangered Species Act (2016 Policy; 81 FR 7226, February 11, 2016),
both of which we published jointly with the National Marine Fisheries
Service of the National Oceanic and Atmospheric Administration.
Following this guidance, as noted in our response to (11) Comment,
incremental economic impacts appear to be unlikely. Furthermore,
critical habitat does not appear to impact national security in these
areas. Finally, we have no evidence that the specific areas requested
by the commenter to be excluded from this designation are under an
existing conservation agreement, habitat conservation plan, safe harbor
agreement, or other instrument, or that there is a proven track record
of conservation by the requester that indicates the lands would
continue to provide an important contribution to the conservation and
recovery of the Miami tiger beetle. As such, we are not excluding these
lands from this critical habitat designation.
Background
Section 4(a)(3) of the Act requires that, to the maximum extent
prudent and determinable, we designate a species' critical habitat
concurrently with listing the species. Critical habitat is defined in
section 3 of the Act as:
(1) The specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the Act, on which
are found those physical or biological features
(a) Essential to the conservation of the species, and
(b) Which may require special management considerations or
protection; and
(2) Specific areas outside the geographical area occupied by the
species at the time it is listed, upon a determination that such areas
are essential for the conservation of the species.
Our regulations at 50 CFR 424.02 define the geographical area
occupied by the species as an area that may generally be delineated
around species' occurrences, as determined by the Secretary (i.e.,
range). Such areas may include those areas used throughout all or part
of the species' life cycle, even if not used on a regular basis (e.g.,
migratory corridors, seasonal habitats, and habitats used periodically,
but not solely by vagrant individuals).
Our September 7, 2021, proposed rule to designate critical habitat
for the Miami tiger beetle (86 FR 49945) published when the regulations
defining ``habitat'' (see 85 FR 81411; December 16, 2020) and governing
the 4(b)(2) exclusion process for the Service (see 85 FR 82376;
December 18, 2020) were in place and in effect. However, those two
regulations have since been rescinded (see 87 FR 37757, June 24, 2022;
87 FR 43433, July 21, 2022) and no longer apply to any designations of
critical habitat. Therefore, for this final rule designating critical
habitat for the Miami tiger beetle, we apply the regulations at 50 CFR
424.19 and the 2016 Policy (81 FR 7226; February 11, 2016).
Conservation, as defined under section 3 of the Act, means to use
and the use of all methods and procedures that are necessary to bring
an endangered or threatened species to the point at which the measures
provided pursuant to the Act are no longer necessary. Such methods and
procedures include, but are not limited to, all activities associated
with scientific resources management such as research, census, law
enforcement, habitat acquisition and maintenance, propagation, live
trapping, and transplantation, and, in the extraordinary case where
population pressures within a given ecosystem cannot be otherwise
relieved, may include regulated taking.
Critical habitat receives protection under section 7 of the Act
through the requirement that Federal agencies ensure, in consultation
with the Service, that any action they authorize, fund, or carry out is
not likely to result in the destruction or adverse modification of
critical habitat. The designation of critical habitat does not affect
land ownership or establish a refuge, wilderness, reserve, preserve, or
other conservation area. Such designation also does not allow the
government or public to access private lands. Such designation does not
require implementation of restoration, recovery, or enhancement
measures by non-Federal landowners. Where a landowner requests Federal
agency funding or authorization for an action that may affect a listed
species or critical habitat, the Federal agency would be required to
consult with the Service under section 7(a)(2) of the Act. However,
even if the Service were to conclude that the proposed activity would
likely result in destruction or adverse modification of the critical
habitat, the Federal action agency and the landowner are not
[[Page 33201]]
required to abandon the proposed activity, or to restore or recover the
species; instead, they must implement ``reasonable and prudent
alternatives'' to avoid destruction or adverse modification of critical
habitat.
Under the first prong of the Act's definition of critical habitat,
areas within the geographical area occupied by the species at the time
it was listed are included in a critical habitat designation if they
contain physical or biological features (1) which are essential to the
conservation of the species and (2) which may require special
management considerations or protection. For these areas, critical
habitat designations identify, to the extent known using the best
scientific and commercial data available, those physical or biological
features that are essential to the conservation of the species (such as
space, food, cover, and protected habitat). Under the second prong of
the Act's definition of critical habitat, we can designate critical
habitat in areas outside the geographical area occupied by the species
at the time it is listed, upon a determination that such areas are
essential for the conservation of the species.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific data available. Further, our Policy on
Information Standards Under the Endangered Species Act (published in
the Federal Register on July 1, 1994 (59 FR 34271)), the Information
Quality Act (section 515 of the Treasury and General Government
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)),
and our associated Information Quality Guidelines provide criteria,
establish procedures, and provide guidance to ensure that our decisions
are based on the best scientific data available. They require our
biologists, to the extent consistent with the Act and with the use of
the best scientific data available, to use primary and original sources
of information as the basis for recommendations to designate critical
habitat.
When we are determining which areas should be designated as
critical habitat, our primary source of information is generally the
information developed during the listing process for the species.
Additional information sources may include any generalized conservation
strategy, criteria, or outline that may have been developed for the
species; the recovery plan for the species; articles in peer-reviewed
journals; conservation plans developed by States and counties;
scientific status surveys and studies; biological assessments; other
unpublished materials; or experts' opinions or personal knowledge.
Habitat is dynamic, and species may move from one area to another
over time. We recognize that critical habitat designated at a
particular point in time may not include all of the habitat areas that
we may later determine are necessary for the recovery of the species.
For these reasons, a critical habitat designation does not signal that
habitat outside the designated area is unimportant or may not be needed
for recovery of the species. Areas that are important to the
conservation of the species, both inside and outside the critical
habitat designation, will continue to be subject to: (1) Conservation
actions implemented under section 7(a)(1) of the Act; (2) regulatory
protections afforded by the requirement in section 7(a)(2) of the Act
for Federal agencies to ensure their actions are not likely to
jeopardize the continued existence of any endangered or threatened
species; and (3) the prohibitions found in section 9 of the Act.
Federally funded or permitted projects affecting listed species outside
their designated critical habitat areas may still result in jeopardy
findings in some cases. These protections and conservation tools will
continue to contribute to recovery of this species. Similarly, critical
habitat designations made on the basis of the best available
information at the time of designation will not control the direction
and substance of future recovery plans, habitat conservation plans
(HCPs), or other species conservation planning efforts if new
information available at the time of these planning efforts calls for a
different outcome.
Physical or Biological Features Essential to the Conservation of the
Species
In accordance with section 3(5)(A)(i) of the Act and regulations at
50 CFR 424.12(b), in determining which areas we will designate as
critical habitat from within the geographical area occupied by the
species at the time of listing, we consider the physical or biological
features that are essential to the conservation of the species and
which may require special management considerations or protection. The
regulations at 50 CFR 424.02 define ``physical or biological features
essential to the conservation of the species'' as the features that
occur in specific areas and that are essential to support the life-
history needs of the species, including, but not limited to, water
characteristics, soil type, geological features, sites, prey,
vegetation, symbiotic species, or other features. A feature may be a
single habitat characteristic or a more complex combination of habitat
characteristics. Features may include habitat characteristics that
support ephemeral or dynamic habitat conditions. Features may also be
expressed in terms relating to principles of conservation biology, such
as patch size, distribution distances, and connectivity. For example,
physical features essential to the conservation of the species might
include gravel of a particular size required for spawning, alkaline
soil for seed germination, protective cover for migration, or
susceptibility to flooding or fire that maintains necessary early-
successional habitat characteristics. Biological features might include
prey species, forage grasses, specific kinds or ages of trees for
roosting or nesting, symbiotic fungi, or absence of particular level of
nonnative species consistent with conservation needs of the listed
species. The features may also be combinations of habitat
characteristics and may encompass the relationship between
characteristics or the necessary amount of a characteristic essential
to support the life history of the species.
In considering whether features are essential to the conservation
of the species, we may consider an appropriate quality, quantity, and
spatial and temporal arrangement of habitat characteristics in the
context of the life-history needs, condition, and status of the
species. These characteristics include, but are not limited to, space
for individual and population growth and for normal behavior; food,
water, air, light, minerals, or other nutritional or physiological
requirements; cover or shelter; sites for breeding, reproduction, or
rearing (or development) of offspring; and habitats that are protected
from disturbance.
Space for Individual and Population Growth and for Normal Behavior
The Miami tiger beetle is endemic to pine rockland habitat within
the Northern Biscayne Pinelands of the Miami Rock Ridge in Miami-Dade
County in South Florida. Descriptions of this habitat and its
associated native plant species are provided in the Habitat discussion
in the proposed listing rule (80 FR 79533, December 22, 2015, pp.
79537-79538). Additional discussion may be found in the final listing
rule (81 FR 68985; October 5, 2016). The Miami tiger beetle requires
open or sparsely vegetated sandy areas within pine rockland habitat for
thermoregulation (regulation of body temperature), foraging,
reproduction, and larval development.
As a group, tiger beetles (Coleoptera: Cicindelidae) occupy
ephemeral
[[Page 33202]]
habitats where local extinction from habitat loss or degradation is
common, so dispersal to establish new populations in distant habitat
patches is a likely life-history strategy for most species (Knisley
2015b, p. 10). Therefore, individuals of the species must be
sufficiently abundant and occur within an appropriate dispersal
distance to adjacent suitable habitat so they can repopulate areas
following local extirpations. Barriers to dispersal can disrupt
otherwise normal metapopulation dynamics and contribute to imperilment.
Development and agriculture have reduced pine rockland habitat by
90 percent in mainland south Florida. Pine rockland habitat decreased
from approximately 183,000 acres (ac) (74,000 hectares (ha)) in the
early 1900s to only 3,707 ac (1,500 ha) in 2014 (Possley et al. 2014,
p. 154). The largest remaining intact pine rockland (approximately
5,716 ac (2,313 ha)) is Long Pine Key in Everglades National Park
(Everglades). Outside of the Everglades, less than 2 percent of pine
rocklands on the Miami Rock Ridge remain, and much of what is left are
small remnants scattered throughout the Miami metropolitan area that
are isolated from other natural areas (Herndon 1998, p. 1; URS
Corporation Southern 2007, p. 1).
The extreme rarity of high-quality pine rockland habitats
supporting the Miami tiger beetle elevates the importance of remnant
sites that still retain some pine rockland species. We consider pine
rockland habitat to be the primary habitat for the Miami tiger beetle.
We do not have specific information regarding a minimum viable
population size for the Miami tiger beetle or the amount of habitat
needed to sustain a viable population. Recovery plans for Cicindela
puritana (Puritan tiger beetle) and C. dorsalis (Northeastern beach
tiger beetle) consider a minimum viable population size to be at least
500-1,000 adults (Hill and Knisley 1993, p. 23; Hill and Knisley 1994,
p. 31). A minimum viable population size of 500 adults was estimated
for the Salt Creek tiger beetle (Cicindela nevadica lincolniana) (79 FR
26014; May 6, 2014). The best available data regarding the minimum area
and number of individuals necessary for a viable population for the
Miami tiger beetle come from information regarding the closely related
Highlands tiger beetle (Cicindelidia highlandensis); the information
describes estimates of a minimum of 100 adult Highlands tiger beetles
in an area of at least 2.5 to 5.0 ac (1.0 to 2.0 ha) (Knisley and Hill
2013, p. 42). This estimate is based on observations of population
stability for the Highlands tiger beetle, as well as survey data and
literature from other tiger beetle species (Knisley and Hill 2013, p.
42).
The Miami tiger beetle requires open or sparsely vegetated sandy
areas within pine rockland habitat to meet its life-history
requirements, as well as adjacent undeveloped habitat to facilitate
dispersal and protect core habitat. Therefore, based on the information
in the previous paragraph, we identify pine rockland habitats of at
least 2.5 ac (1.0 ha) in size as a necessary physical feature for this
species.
Food, Water, Air, Light, Minerals, or Other Nutritional or
Physiological Requirements
Food--Miami tiger beetles are active diurnal predators that use
their keen vision to detect movement of small arthropods and run
quickly to capture prey with their well-developed jaws (mandibles).
Although we do not have specific information on Miami tiger beetle
diets, observations by various entomologists indicate small arthropods,
especially ants, are the most common prey for tiger beetles. Over 30
kinds of insects from many families have been identified as prey for
tiger beetles, and scavenging is also common in some species (Knisley
and Schultz 1997, pp. 39, 103; Willis 1967, pp. 196-197). Ants were the
most common prey of tiger beetles in Florida (Choate 1996, p. 2). Miami
tiger beetle larvae are sedentary sit-and-wait predators that capture
small prey passing over or near (within a few inches (in) (centimeters
(cm) of) their burrows on the soil surface. Larvae prey on small
arthropods, similar to adults. Alterations or reductions in the prey
base through pesticide exposure could affect foraging of Miami tiger
beetles.
Water--The Miami tiger beetle requires inland sandy pine rockland
habitat that has moderately drained to well-drained terrain. Rainfall
varies from an annual average of over 64 in (163 cm) in the northwest
portion of Miami-Dade County to between 48 and 56 in (122 and 143 cm),
respectively, in the rest of the county (Service 1999, p. 3-167). The
water table in the Miami Rock Ridge outside of the Everglades seldom
reaches the surface (Service 1999, p. 3-167). The existence of larvae
in shallow permanent burrows throughout their development makes them
susceptible to changes in groundwater levels. The effects of climate
change and sea level rise, which predict higher intensity storms, more
erratic rainfall (i.e., alterations to the amount and seasonality and
rainfall), and especially changes in water levels due to storm surge
and salinization of the water table, could result in vegetation shifts
that may impact the species. Based on this, we identify water
(particularly appropriate hydrological regimes) as a necessary feature
for the Miami tiger beetle to carry out its life processes.
Light--Miami tiger beetles require open areas of pine rockland
habitat with ample sunlight for behavioral thermoregulation so that
they can successfully perform their normal activities, such as
foraging, mating, and oviposition. Vegetation encroachment and lack of
adequate pine rockland management threatens the amount of light
necessary for the Miami tiger beetle. We identify light as a necessary
feature for the Miami tiger beetle to carry out its life processes.
Soil--The Miami tiger beetle is endemic to pine rockland habitat
within the Miami Rock Ridge. The Miami Rock Ridge has oolitic limestone
(composed of spherical grains packed tightly) at or very near the
surface and solution holes occasionally from where the surface
limestone is dissolved by organic acids. There is typically very little
soil development, consisting primarily of accumulations of low-nutrient
sand, marl, clayey loam, and organic debris found in solution holes,
depressions, and crevices on the limestone surface (FNAI 2010, p. 62).
However, sandy pockets can be found at the northern end of the Miami
Rock Ridge (Northern Biscayne Pinelands), beginning from approximately
North Miami Beach and extending south to approximately SW 216th Street
(Service 1999, p. 3-162).
These sandy substrates provide the appropriate nutrients, moisture
regime, and soil chemistry necessary for Miami tiger beetle
reproduction. Burrows in the sand are used for eggs and developing
larvae. In addition, these sandy areas support a community of insect
prey that allows the species to persist. Soil compaction could impact
the species and its habitat. Therefore, we identify substrates derived
from calcareous limestone that provide habitat for the Miami tiger
beetle to carry out its life processes to be a necessary feature for
the Miami tiger beetle.
Summary--Based on the best available information, we conclude that
the Miami tiger beetle requires open sandy areas in pine rockland
habitat with little to no vegetation for thermoregulation, foraging,
egg-laying, and larval development. We identify these characteristics
as necessary physical or biological features for the species.
[[Page 33203]]
Cover or Shelter
The life cycle of the Miami tiger beetle occurs entirely within
pine rocklands. Females place a single egg into a shallow burrow dug
into the soil. The egg hatches, apparently after sufficient soil
moisture, and the first instar larva digs a burrow at the site of
oviposition (egg-laying). Larvae are closely associated with their
burrows, which provide cover and shelter for anywhere from 2 months to
1 year or more, depending on climate, food availability, and the number
of cohorts per year (Knisley 2015a, p. 28). Larvae remain in their
burrows until they are adults, only extending beyond the burrow
entrance to subdue arthropod prey. The adult flight period for the
Miami tiger beetle lasts approximately 5 months (mid-May to mid-
October) (Knisley 2015a, p. 27). Both larvae and adults are visual
predators and require open habitat to locate prey. Open areas with
dense vegetation no longer provide suitable habitat. However,
vegetation adjacent to open sandy areas may also be important, as it
may provide thermal refugia for the beetles to escape from high ground
temperatures (Knisley 2014, p. 1). Miami tiger beetle habitat can also
be impacted from trampling, which causes soil compaction and can lead
to lethal impacts to adults or larvae or impacts to their habitat.
Based on the best available information, we conclude that the Miami
tiger beetle requires pine rocklands, specifically those containing
open or sparsely vegetated sandy patches.
Sites for Breeding, Reproduction, or Rearing (or Development) of
Offspring
Miami tiger beetle reproduction and larval development occurs
entirely within pine rocklands. Both larvae and adults occupy the same
habitats, open sandy patches interspersed with vegetation. Vegetation
encroachment into the open sandy habitat patches, barriers to
dispersal, trampling of the surface soil, reductions in prey base, and
collection of beetles are factors that may reduce the reproductive
potential of the species. Therefore, based on the information above, we
identify pine rockland habitats that can support the species' growth,
distribution, and population expansion as required for this species.
Habitats Representative of the Historical, Geographical, and Ecological
Distributions of the Species
The Miami tiger beetle continues to occur in pine rockland habitats
that are protected from incompatible human-use, but these areas are
only partially representative of the species' historical, geographical,
and ecological distribution because its range within these habitats has
been reduced. The species is still found in pine rockland habitats,
with open sandy areas of at least 2.5 to 5.0 ac (1.0 to 2.0 ha) in
size. Representative pine rocklands are located on Federal, local, and
private conservation lands that implement conservation measures
benefitting the beetle.
Pine rockland habitat is dependent on some degree of disturbance,
most importantly from natural or prescribed fires (Loope and Dunevitz
1981, p. 5; Snyder et al. 2005, p. 1; Bradley and Saha 2009, p. 4; Saha
et al. 2011, pp. 169-184; FNAI 2010, p. 62). These fires are a vital
component in maintaining native vegetation and creating or maintaining
open or sparsely vegetated sandy areas, within this ecosystem. Fires
have historically burned in intervals of approximately 3 to 7 years
(FNAI 2010, p. 3) and were typically started by lightning strikes
during the frequent summer thunderstorms (FNAI 2010, p. 3). Without
fire, successional climax from tropical pineland to rockland hammock is
rapid, and the open areas required by the species are encroached with
vegetation and leaf litter. In addition, displacement of native species
by invasive, nonnative plants often occurs.
Mechanical control or thinning of pine rockland vegetation may be
another means of maintaining pine rockland habitat, but it cannot
entirely replace fire because it does not have the same benefits
related to removal of leaf litter and nutrient cycling. In addition,
mechanical control or thinning may lead to trampling of adult or larval
tiger beetles. Natural and prescribed fire remains the primary and
ecologically preferred method for maintaining pine rockland habitat.
Hurricanes and other significant weather events can contribute to
openings in the pine rockland habitat (FNAI 2010, p. 62) needed by the
Miami tiger beetle; however, they can also be a source of significant
and direct risk to the species. Given the few, isolated populations of
the Miami tiger beetle within a location prone to storm influences
(located approximately 5 miles (8 kilometers) from the coast), the
species is at substantial risk from stochastic environmental events
such as hurricanes, storm surges, and other extreme weather that can
affect recruitment, population growth, and other population parameters.
The substantial reduction in the historical range of the beetle in the
past 80 years, and the few remaining populations, make the species less
resilient to impacts than when its distribution was more widespread.
Therefore, based on the information above, we identify pine
rockland management through natural or prescribed fire, or other
disturbance regimes that maintain pine rockland habitat, such as
weather events, to be necessary for this species.
Summary of Essential Physical or Biological Features
We derive the specific physical or biological features essential to
the conservation of the Miami tiger beetle from studies of the species'
habitat, ecology, and life history. We have determined that the
following physical or biological features are essential to the
conservation of the Miami tiger beetle:
1. South Florida pine rockland habitat of at least 2.5 ac (1 ha) in
size that is maintained by natural or prescribed fire or other
disturbance regimes; and
2. Open sandy areas within or directly adjacent to the south
Florida pine rockland habitat with little to no vegetation that allows
for or facilitates normal behavior and growth such as thermoregulation,
foraging, egg-laying, larval development, and habitat connectivity,
which promotes the overall distribution and expansion of the species.
Special Management Considerations or Protection
When designating critical habitat, we assess whether the specific
areas within the geographical area occupied by the species at the time
of listing contain features which are essential to the conservation of
the species and which may require special management considerations or
protection. The features essential to the conservation of this species
may require special management considerations or protection to reduce
the following threats: vegetation encroachment of pine rockland
habitat; loss of pine rockland habitat due to development that further
fragments or degrades the few remaining pine rockland parcels in Miami-
Dade County; climate change and sea level rise; and pesticide exposure.
These threats are exacerbated by having only two small populations in a
restricted geographic range, making this species particularly
susceptible to extinction. For a detailed discussion of threats, see
Summary of Factors Affecting the Species in our proposed listing rule
(80 FR 79533, December 22, 2015, pp. 79540-79551). Additional
information may be found in the final listing rule (81 FR 68985;
October 5, 2016).
[[Page 33204]]
Some of these threats can be addressed by special management
considerations or protection while others (e.g., sea level rise,
hurricanes, storm surge) are beyond the control of landowners and land
managers. However, even when landowners or land managers may not be
able to control all the threats directly, they may be able to address
the impacts of those threats.
Destruction of rock pinelands for economic development has reduced
pine rockland habitat on the Miami Rock Ridge outside of the Everglades
by over 98 percent, and remaining habitat in this area is highly
fragmented. The Miami tiger beetle occurs on a mix of privately and
publicly owned lands, only some of which are managed for conservation.
Any occurrences of the beetle on private land or non-conservation
public land are vulnerable to the effects of habitat degradation if
natural disturbance regimes are disrupted because the species requires
active management to keep the habitat functional in the absence of such
disturbances. Prolonged lack of fire in pine rockland habitat leads to
vegetation encroachment into the open or sparsely vegetated sandy areas
that are required by the beetle. Further development and degradation of
pine rocklands increases fragmentation and decreases the conservation
value of the remaining functioning pine rockland habitat. In addition,
pine rocklands are expected to be further degraded and fragmented due
to anticipated sea level rise, which would fully or partially inundate
some pine rocklands within the Miami Rock Ridge and cause increases in
the salinity of the water table and soils, resulting in vegetation
shifts. Also, portions of the Richmond Pine Rocklands are proposed for
commercial development and some existing pine rockland areas are
projected to be developed for housing as the human population grows and
adjusts to changing sea levels.
Pesticides used in and around pine rockland habitat are a potential
threat to the Miami tiger beetle through direct exposure to adults and
larvae; secondary exposure from insect prey; an overall reduction in
availability of adult and larval prey, thus limiting foraging
opportunities; or any combination of these factors. Based on Miami-Dade
Mosquito Control's implementation of spray buffers around pine
rocklands occupied by the Miami tiger beetle, mosquito control
pesticides are not considered a current threat for the species.
However, if these buffers were to change or Miami tiger beetles were
found in habitat without restrictions of pesticide applications, then
the threat of exposure would need to be reevaluated.
The features essential to the conservation of the Miami tiger
beetle (i.e., open or sparsely vegetated areas of pine rockland habitat
that are at least 2.5 ac (1.0 ha) in size) may require special
management considerations or protection to reduce threats. Actions that
could ameliorate threats include, but are not limited to:
(1) Restoration and management of existing and potential Miami
tiger beetle habitats throughout the Miami Rock Ridge using prescribed
fire and control of invasive, nonnative plants;
(2) Protection of habitat adjacent to existing and new occurrences
of the species to provide dispersal corridors, support the prey base,
protect core habitat, and allow for appropriate habitat management;
(3) Use of pesticide spray buffers to prevent potential exposure to
the species and probable limitation of foraging opportunities; and
Criteria Used To Identify Critical Habitat
As required by section 4(b)(2) of the Act, we use the best
scientific data available to designate critical habitat. In accordance
with the Act and our implementing regulations at 50 CFR 424.12(b), we
review available information pertaining to the habitat requirements of
the species and identify specific areas within the geographical area
occupied by the species at the time of listing and any specific areas
outside the geographical area occupied by the species to be considered
for designation as critical habitat. We are designating critical
habitat in areas within the geographical area occupied by the species
at the time of listing and that contain one or more of the physical or
biological features that are essential to support life-history
processes of the species. We have determined that occupied areas are
inadequate to ensure the conservation of the species. Therefore, we are
designating additional areas as unoccupied critical habitat. Although
we do not have definitive information that these areas were
historically or are currently occupied by the Miami tiger beetle, they
are within the historical range of the species and contain remnant
south Florida pine rockland habitat. We have determined that it is
reasonably certain that the unoccupied areas will both contribute to
the conservation of the species and contain at least one physical or
biological feature essential to the conservation of the species.
Accordingly, we find these areas to be essential for the conservation
of the species, as further discussed below.
The historical range of the Miami tiger beetle is limited to Miami-
Dade County, Florida, specifically within the Northern Biscayne
Pinelands of the Miami Rock Ridge. Over 98 percent of the Miami Rock
Ridge pine rocklands outside of the Everglades has been lost to
development, reducing the current range of the Miami tiger beetle to
the southern portion of the Northern Biscayne Pinelands, in the
Richmond Pine Rocklands and Nixon Smiley Pineland Preserve.
We anticipate that recovery will require not only continued
protection of the remaining extant populations and remnant pine
rockland habitat but also establishment of populations in additional
areas of Miami-Dade County to ensure there are adequate numbers of
beetles and stable populations occurring over the entire geographic
range of the Miami tiger beetle. This will help to reduce the chance
that catastrophic events, such as storms, will simultaneously affect
all known populations.
The two extant Miami tiger beetle populations are small and at risk
of adverse effects from reduced genetic variation, an increased risk of
inbreeding depression, and reduced reproductive output. In addition,
the two populations are isolated from each other, decreasing the
likelihood that they could be naturally reestablished if extirpation
from one location would occur.
In selecting areas for critical habitat, we used the conservation
principles of the ``three Rs''--resiliency, redundancy, and
representation (Shaffer and Stein 2000, entire)--for conserving
imperiled species. Resiliency is the ability to sustain populations
through the natural range of favorable and unfavorable conditions.
Redundancy ensures an adequate number of sites with resilient
populations such that the species has the ability to withstand
catastrophic events. Representation ensures adaptive capacity within a
species and allows it to respond to environmental changes. This can be
facilitated by conserving not just genetic diversity, but also the
species' associated habitat type variation. Implementation of this
methodology has been widely accepted as a reasonable conservation
strategy (Tear et al. 2005, p. 841).
To ensure sufficient representation for the Miami tiger beetle, we
described the physical or biological features (as discussed above) and
identified areas of habitat that may provide for reintroduction and
expansion of the Miami tiger beetle. Redundancy can be
[[Page 33205]]
improved through the introduction of additional populations of the
Miami tiger beetle at other pine rockland sites. However, throughout
the species' range, the amount of suitable remaining pine rockland is
limited (low resiliency), and much of the remaining habitat may be
significantly altered because of climate change over the next century.
Therefore, we reviewed available sites containing pine rockland habitat
within the historical range of the species and evaluated each site for
its potential conservation contribution based on quality of habitat,
spatial arrangement relative to the two extant populations and each
other, and potential for supporting introduced Miami tiger beetle
populations, as evidenced by existing protections and management of the
habitat and sites, to determine additional areas that are essential for
the Miami tiger beetle's conservation.
Sources of Data To Identify Critical Habitat Boundaries
We have determined that the areas known to be occupied at the time
of listing should be designated as critical habitat for the Miami tiger
beetle. However, because the species' redundancy and representation are
currently low, we also used habitat and historical occurrence data to
identify unoccupied habitat areas that are essential for the
conservation of the species. To determine the general extent, location,
and boundaries of critical habitat, the Service used Esri ArcGIS
mapping software for mapping and calculating areas (Albers Conical
Equal Area (Florida Geographic Data Library), North American Datum of
1983 (NAD 83) High Accuracy Reference Network (HARN)) along with the
following spatial data layers:
(1) Historical and current records of Miami tiger beetle
occurrences and distributions found in publications, reports, personal
communications, and associated voucher specimens housed at museums and
private collections (Knisley 2015a, entire);
(2) Geographic information system (GIS) data showing the location
and extent of documented occurrences of pine rockland habitat
(Cooperative Land Cover Version 3.3. FWC and FNAI 2018);
(3) Aerial imagery (Esri ArcGIS online basemap World Imagery. South
Florida Water Management District GIS Services, Earthstar Geographics,
Miami-Dade County, Florida Department of Environmental Protection,
Esri, HERE, Garmin, SafeGraph, Ministry of Economy, Trade, and Industry
of Japan and the U.S. National Aeronautics and Space Administration,
U.S. Geological Survey, Environmental Protection Agency, National Park
Service, U.S. Department of Agriculture 2019); and
(4) GIS data depicting soils and to determine the presence of the
physical or biological features essential to the conservation of the
Miami tiger beetle (U.S. Department of Agriculture 2020).
When designating critical habitat, we consider future recovery
efforts and conservation of the species. We have determined that all
currently known occupied habitat should be designated as critical
habitat because any further degradation or loss of the extant
populations or occupied habitat would increase the Miami tiger beetle's
susceptibility to local extirpation and ultimately extinction. The
species occurs in two populations, Richmond and Nixon Smiley, separated
from each other by approximately 3.1 mi (5 km) of urban development.
We are also including pine rockland habitat within the Richmond
Pine Rocklands directly adjacent to sites with documented occurrences
in the Richmond population. Due to their proximity to documented
occurrences, the continuity of habitat, and presence of all of the
essential physical or biological features, we have determined these
areas are within the geographical area occupied by the species
consistent with 50 CFR 424.02. Additionally, these areas are essential
for the conservation of the species because they protect the Richmond
population, provide dispersal corridors for the Richmond population,
provide potential habitat for population expansion, and support prey-
base populations. These areas are important to ensure redundancy for
the species, and they improve the species' viability.
Areas Outside of the Geographical Range at the Time of Listing
Lastly, we are including other suitable or potentially suitable
pine rockland fragments outside of the Richmond Pine Rocklands and
Nixon Smiley Pineland Preserve that are located within the beetle's
historical range along the Northern Biscayne Pinelands of the Miami
Rock Ridge but are not known to be currently occupied by the species.
With only two known occupied areas, we have determined these areas are
essential for the conservation of the species because they will enable
the establishment of new populations in additional areas that more
closely approximate the species' historical distribution. Establishment
of new populations will help ensure that there are adequate numbers of
beetles in multiple populations over a wide geographic area, so that
catastrophic events, such as storms, would be less likely to
simultaneously affect all known populations.
The best available data regarding the minimum area and number of
individuals necessary for a viable population come from information
regarding the Highlands tiger beetle; the information describes
estimates of a minimum of 100 adult Highlands tiger beetles in an area
of at least 2.5 to 5.0 ac (1.0 to 2.0 ha) (Knisley and Hill 2013, p.
42). This estimate is based on observations of population stability for
the Highlands tiger beetle, as well as survey data and literature from
other tiger beetle species. From the remaining suitable or potentially
suitable pine rockland fragments that were delineated for the Miami
Rock Ridge, we excluded fragments below the 2.5-ac (1.0-ha) minimum
area for a viable population. As such, we evaluated the remaining
unoccupied pine rockland habitat within and directly adjacent to the
Northern Biscayne Pinelands of the Miami Rock Ridge to identify remnant
pine rocklands with the highest quality habitat potential (i.e.,
actively managed to support pine rocklands) and of sufficient size
(patches at least 2.5 ac (1.0 ha)) to provide for the conservation of
the Miami tiger beetle.
The Miami tiger beetle has been extirpated from its type-locality
(the place where the species was first discovered) in North Miami and
is historically unknown from any other locations. In addition to
including areas of the two extant populations (Richmond Pine Rocklands
and Nixon Smiley Pineland Preserve) in critical habitat, we are also
including 14 unoccupied critical habitat units that we have determined
to be essential for the conservation of the Miami tiger beetle. These
areas contain pine rockland habitat within the historical range in the
Northern Biscayne Pinelands on the Miami Rock Ridge and encompass
approximately 405 ac (164 ha) or 22 percent of critical habitat. These
areas are habitat for the species and can support its life history
needs. As discussed above, we have determined that recovery requires
additional populations be established in high-quality pine rockland
habitat that is protected and actively managed. Following a review of
available sites containing pine rockland habitat within the historical
range of the species, we evaluated each site for its potential
conservation contribution based on quality of habitat (including
presence of one or more of the essential physical or biological
features), spatial arrangement relative to the two extant populations
and each other, and potential for reintroduction, evidenced by existing
[[Page 33206]]
protections and management. This review led to our determination that
the most viable sites for introduction and conservation of the Miami
tiger beetle are the 14 unoccupied sites identified in this final rule.
As a result, we concluded that these 14 sites are essential for the
conservation of the species. Thus, we are including them as critical
habitat for the Miami tiger beetle.
We used the best available data to delineate existing pine rockland
habitat units that are of sufficient size to support introduced
populations of Miami tiger beetles and that are spatially configured to
support metapopulation dynamics and to minimize adverse impacts from
stochastic events. In identifying these areas, we considered the
following refining criteria:
(1) Areas of sufficient size to support ecosystem processes for
populations of the Miami tiger beetle. The best available information
indicates that appropriately sized units should be, at a minimum, 2.5
to 5.0 ac (1.0 to 2.0 ha). Large contiguous parcels of habitat are more
likely to be resilient to ecological processes of disturbance and are
more likely to support a viable population of the Miami tiger beetle.
The unoccupied areas selected range from 7 ac (3 ha) in size to 89 ac
(36 ha).
(2) Areas to maintain connectivity of habitat to allow for
population expansion. Isolation of habitat can prevent recolonization
of the Miami tiger beetle and result in local extirpation and
ultimately extinction. To ameliorate the dangers associated with small
populations or limited distributions, we have identified areas of
critical habitat that will allow for the natural expansion of
populations or support reintroductions.
(3) Restored pine rockland habitats may allow the Miami tiger
beetle to disperse, recolonize, or expand from areas already occupied
by the beetle. These restored areas generally are habitats within or
adjacent to pine rocklands that have been affected by natural or
anthropogenic factors but retain habitat features that make them
suitable for the beetle. These areas would help offset the anticipated
loss and degradation of habitat occurring or expected from natural
succession in the absence of disturbance, effects of climate change
(such as sea level rise), or development.
In summary, for areas within the geographical area occupied by the
species at the time of listing, we delineated critical habitat unit
boundaries using the following criteria:
(1) We evaluated habitat suitability of pine rockland habitat
within the geographical area occupied at the time of listing, and
selected those areas that contain one or more of the physical or
biological features to support life-history functions essential for
conservation of the species; and
(2) We identified open sandy areas directly adjacent to occupied
areas and with little to no vegetation that allow for or facilitate
normal behavior and growth of the Miami tiger beetle, such as
thermoregulation, foraging, egg-laying, larval development, and habitat
connectivity, and which promote the overall distribution and expansion
of the species.
The result was the inclusion of two units of critical habitat
occupied by the Miami tiger beetle. Approximately 945 ac (383 ha) or 71
percent of the occupied units are existing critical habitat for other
species.
For areas outside the geographical area occupied by the species at
the time of listing, we delineated critical habitat unit boundaries
using the following criteria:
(1) We identified areas with pine rockland habitat that contain
habitat components used by the beetle and are of sufficient size to
support introduced populations of the Miami tiger beetle; and
(2) We identified areas that are spatially configured to support
metapopulation dynamics, minimize adverse impacts from stochastic
events, and maintain representation of the historical range of the
species.
The result was the inclusion of 14 units of critical habitat not
occupied by the Miami tiger beetle at the time of listing. These 14
units encompass approximately 405 ac (164 ha) or 22 percent of critical
habitat and overlap with approximately 388 ac (158 ha) of existing
critical habitat for other listed species. All 14 units are either
publicly owned or privately owned conservation lands (i.e., Porter
Pineland Preserve, which is owned and managed by the Audubon Society).
When determining critical habitat boundaries, we made every effort
to avoid including developed areas such as lands covered by buildings,
pavement, and other structures because such lands lack physical or
biological features necessary for the Miami tiger beetle. The scale of
the maps we prepared under the parameters for publication within the
Code of Federal Regulations may not reflect the exclusion of such
developed lands. Any such lands inadvertently left inside critical
habitat boundaries shown on the maps of this rule have been excluded by
text in the rule and are not designated as critical habitat. Therefore,
a Federal action involving these lands will not trigger section 7
consultation with respect to critical habitat and the requirement of no
adverse modification unless the specific action will affect the
physical or biological features in the adjacent critical habitat.
We are designating as critical habitat areas that we have
determined were occupied at the time of listing (and are currently
occupied) and that contain one or more of the physical or biological
features that are essential to support life-history processes of the
species. We have determined that occupied areas are inadequate to
ensure the conservation of the species. Therefore, we also identified
and designated as critical habitat unoccupied areas that are essential
for the conservation of the species.
The critical habitat designation is defined by the map or maps, as
modified by any accompanying regulatory text, presented at the end of
this document under Regulation Promulgation. We include more detailed
information on the boundaries of the critical habitat designation in
the preamble of this document. We will make the coordinates or plot
points or both on which each map is based available to the public on
https://www.regulations.gov at Docket No. FWS-R4-ES-2021-0053 and on
our internet site at https://www.fws.gov/office/florida-ecological-services/library.
Final Critical Habitat Designation
We are designating 16 units as critical habitat for the Miami tiger
beetle. The critical habitat areas we describe below constitute our
current best assessment of areas that meet the definition of critical
habitat for the Miami tiger beetle. The 16 areas we designate as
critical habitat are: (1) Trinity Pineland, (2) Rockdale Pineland, (3)
Deering Estate South Addition, (4) Ned Glenn Nature Preserve, (5)
Deering Estate at Cutler, (6) Silver Palm Groves Pineland, (7) Quail
Roost Pineland, (8) Eachus Pineland, (9) Bill Sadowski Park, (10)
Tamiami Pineland Complex Addition, (11) Pine Shore Pineland Preserve,
(12) Nixon Smiley Pineland Preserve, (13) Boystown Pineland Preserve,
(14) Richmond Pine Rocklands, (15) Calderon Pineland, and (16) Porter
Pineland Preserve. Table 1 shows the critical habitat units, the
occupancy by the Miami tiger beetle at the time it was listed under the
Act, the approximate area of each unit, and the extent of overlap with
designated critical habitat for other federally listed species.
[[Page 33207]]
Table 1--Critical Habitat Units for the Miami Tiger Beetle, Including Occupancy and Extent of Overlapping
Critical Habitat for Other Federally Listed Species
----------------------------------------------------------------------------------------------------------------
Area of overlap
Occupancy at time of Total area (ac with existing
Unit No. Unit name listing (ha)) critical habitat
(ac (ha))
----------------------------------------------------------------------------------------------------------------
1.................... Trinity Pineland........ No....................... 10 (4) 10 (4)
2.................... Rockdale Pineland....... No....................... 39 (16) 38 (15)
3.................... Deering Estate South No....................... 16 (6) 15 (6)
Addition.
4.................... Ned Glenn Nature No....................... 11 (5) 11 (5)
Preserve.
5.................... Deering Estate at Cutler No....................... 89 (36) 84 (34)
6.................... Silver Palm Groves No....................... 25 (10) 22 (9)
Pineland.
7.................... Quail Roost Pineland.... No....................... 48 (19) 47 (19)
8.................... Eachus Pineland......... No....................... 17 (7) 17 (7)
9.................... Bill Sadowski Park...... No....................... 20 (8) 19 (8)
10................... Tamiami Pineland Complex No....................... 21 (8) 19 (8)
Addition.
11................... Pine Shore Pineland No....................... 8 (3) 8 (3)
Preserve.
12................... Nixon Smiley Pineland Yes...................... 117 (47) 115 (47)
Preserve.
13................... Boystown Pineland No....................... 81 (33) 77 (31)
Preserve.
14................... Richmond Pine Rocklands. Yes...................... 1,347 (545) 830 (336)
15................... Calderon Pineland....... No....................... 14 (6) 14 (6)
16................... Porter Pineland Preserve No....................... 7 (3) 7 (3)
-------------------------------------
Total............ ........................ ......................... 1,869 (756) 1,335 (540)
----------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.
Approximately 71 percent (1,335 ac (540 ha)) of the critical
habitat designated for the Miami tiger beetle overlaps with currently
designated Federal critical habitat for the Carter's small-flowered
flax (Linum carteri var. carteri), the Florida brickell-bush
(Brickellia mosieri), Bartram's scrub-hairstreak butterfly (Strymon
acis bartrami), and the Florida leafwing butterfly (Anaea troglodyta
floridalis). Further, approximately 4 percent (16 ac (7 ha)) of
unoccupied critical habitat designated is unique to the Miami tiger
beetle, i.e., does not overlap with existing designated Federal
critical habitat. Please refer to table 1, above, for the area of
overlap with other federally designated critical habitat and to
specific unit descriptions below for which currently designated Federal
critical habitat overlaps with each critical habitat unit for the Miami
tiger beetle.
Tables 2 and 3, below, show the approximate land ownership for each
critical habitat unit and the proportion of critical habitat for each
landownership category, respectively. All but 1 ac (0.6 ha) of the area
designated is either publicly owned or privately owned for
conservation.
Table 2--Critical Habitat Units for the Miami Tiger Beetle by Land Ownership
--------------------------------------------------------------------------------------------------------------------------------------------------------
Land ownership
Critical habitat unit Area (ac (ha)) ---------------------------------------------------------------------------
Federal State County Private
--------------------------------------------------------------------------------------------------------------------------------------------------------
1--Trinity Pineland...................................... 10 (4) ................. 10 (4) ................. .................
2--Rockdale Pineland..................................... 39 (16) ................. 38 (15) 1 (<1) .................
3--Deering Estate South Addition......................... 16 (6) ................. 16 (6) ................. .................
4--Ned Glenn Nature Preserve............................. 11 (5) ................. ................. 11 (5) .................
5--Deering Estate at Cutler.............................. 89 (36) ................. ................. 89 (36) .................
6--Silver Palm Groves Pineland........................... 25 (10) ................. 20 (8) 5 (2) .................
7--Quail Roost Pineland.................................. 48 (19) ................. 48 (19) ................. .................
8--Eachus Pineland....................................... 17 (7) ................. ................. 17 (7) .................
9--Bill Sadowski Park.................................... 20 (8) ................. ................. 20 (8) .................
10--Tamiami Pineland Complex Addition.................... 21 (8) ................. 21 (8) ................. .................
11--Pine Shore Pineland Preserve......................... 8 (3) ................. ................. 8 (3) .................
12--Nixon Smiley Pineland Preserve....................... 117 (47) ................. ................. 117 (47) .................
13--Boystown Pineland Preserve........................... 81 (33) ................. 76 (31) 5 (2) .................
14--Richmond Pine Rocklands.............................. 1,347 (545) 488 (197) ................. 841 (340) 18 (7)
15--Calderon Pineland.................................... 14 (6) ................. ................. 14 (6) .................
16--Porter Pineland Preserve............................. 7 (3) ................. ................. ................. 7 (3)
----------------------------------------------------------------------------------------------
Total................................................ 1,869 (756) 488 (197) 229 (93) 1,127 (456) 26 (10)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.
[[Page 33208]]
Table 3--Proportionment of Land Ownership of Critical Habitat for the
Miami Tiger Beetle
------------------------------------------------------------------------
Percent
Land ownership Area (ac (ha)) ownership
------------------------------------------------------------------------
Federal..................................... 488 (197) 26
State....................................... 229 (93) 12
County...................................... 1,127 (456) 60
Private..................................... 26 (10) 1
---------------------------
Total................................... 1,869 (756) ..........
------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.
In addition, over half of the designated critical habitat for the
Miami tiger beetle (1,121 ac (454 ha), or 60 percent) is under a Miami-
Dade County Natural Forest Communities (NFC) designation. Miami-Dade
County's NFC designation enacts regulations on habitat alterations to
minimize damage to and protect environmentally sensitive forest lands,
including pine rocklands. NFC regulations are designed to prevent
clearing or destruction of native vegetation within preserved areas.
Please see the unit descriptions below for the specific amount of each
unit that is enrolled in the NFC program.
We present brief descriptions of all units, and reasons why they
meet the definition of critical habitat for the Miami tiger beetle,
below.
Unit 1: Trinity Pineland
Unit 1 consists of approximately 10 ac (4 ha) of State-owned land
in Miami-Dade County. The unit is within the historical range of the
Miami tiger beetle (i.e., pine rockland habitat within the Northern
Biscayne Pinelands of the Miami Rock Ridge), although we are not aware
of any records of historical occupancy of the unit. This unit includes
all the physical or biological features essential to the conservation
of the species and is protected and actively managed to maintain a
healthy pine rockland habitat.
This unit is currently unoccupied by the Miami tiger beetle but is
essential for the conservation of the species because it serves to
protect habitat needed to recover the species, reestablish wild
populations within the historical range of the species, and maintain
populations throughout the historical distribution of the species in
Miami-Dade County. It also provides habitat for recovery in the case of
stochastic events, should the Miami tiger beetle be extirpated from one
of its current locations. Given this unit contains essential habitat
features (all of the physical or biological features), is protected and
actively managed, and has an appropriate spatial distribution falling
within the range of the species, we are reasonably certain that the
lands and habitat within this unit will contribute to the conservation
of the Miami tiger beetle.
The Natural Areas Management Division of Miami-Dade County Parks,
Recreation and Open Spaces Department conducts nonnative species
control, prescribed fire, and mechanical vegetation treatments on lands
owned or managed by Miami-Dade County, including this unit. These
actions help improve habitat that could support the Miami tiger beetle.
The entirety of Unit 1 overlaps with designated critical habitat
for Carter's small-flowered flax and Florida brickell-bush.
Additionally, approximately 8 ac (3 ha), or 80 percent, of Unit 1 is
enrolled in the NFC program.
Unit 2: Rockdale Pineland
Unit 2 consists of approximately 39 ac (16 ha) of lands owned by
the State (38 ac (15 ha)) and county (1 ac (<1 ha)) in Miami-Dade
County. The unit is within the historical range of the Miami tiger
beetle (i.e., pine rockland habitat within the Northern Biscayne
Pinelands of the Miami Rock Ridge), although we are not aware of any
records of historical occupancy of the unit. This unit includes all the
physical or biological features essential to the conservation of the
species and is protected and actively managed to maintain healthy pine
rockland habitat.
This unit is currently unoccupied by the Miami tiger beetle but is
essential for the conservation of the species because it serves to
protect habitat needed to recover the species, reestablish wild
populations within the historical range of the species, and maintain
populations throughout the historical distribution of the species in
Miami-Dade County. It also provides habitat for recovery in the case of
stochastic events, should the Miami tiger beetle be extirpated from one
of its current locations. Given this unit contains essential habitat
features (all of the physical or biological features), is protected and
actively managed, and has an appropriate spatial distribution falling
within the range of the species, we are reasonably certain that the
lands and habitat within this unit will contribute to the conservation
of the Miami tiger beetle.
The Natural Areas Management Division of Miami-Dade County Parks,
Recreation and Open Spaces Department conducts nonnative species
control, prescribed fire, and mechanical vegetation treatments on lands
owned by Miami-Dade County. The actions help improve habitat that could
support the Miami tiger beetle.
All but 1 ac (<1 ha) of Unit 2 overlaps with designated critical
habitat for Carter's small-flowered flax and Florida brickell-bush.
Additionally, approximately 28 ac (11 ha), or 72 percent, of Unit 2 are
enrolled in the NFC program.
Unit 3: Deering Estate South Addition
Unit 3 consists of approximately 16 ac (6 ha) of State-owned land
in Miami-Dade County. The unit is within the historical range of the
Miami tiger beetle (i.e., pine rockland habitat within the Northern
Biscayne Pinelands of the Miami Rock Ridge), although we are not aware
of any records of historical occupancy of the unit. This unit includes
all the physical or biological features essential to the conservation
of the species and is protected and actively managed to maintain
healthy pine rockland habitat.
This unit is currently unoccupied by the Miami tiger beetle but is
essential for the conservation of the species because it serves to
protect habitat needed to recover the species, reestablish wild
populations within the historical range of the species, and maintain
populations throughout the historical distribution of the species in
Miami-Dade County. It also provides habitat for recovery in the case of
stochastic events, should the Miami tiger beetle be extirpated from one
of its current locations. Given this unit contains essential habitat
features (all of the physical or biological features), is protected and
actively managed, and has an appropriate spatial distribution falling
within the range of the species, we are reasonably certain that the
lands and habitat within this unit will contribute to the conservation
of the Miami tiger beetle.
The Natural Areas Management Division of Miami-Dade County Parks,
Recreation and Open Spaces Department conducts nonnative species
control, prescribed fire, and mechanical vegetation treatments on lands
owned or managed by Miami-Dade County, including this unit. The actions
help improve habitat that could support the Miami tiger beetle.
All but 1 ac (<1 ha) of Unit 3 overlaps with designated critical
habitat for Carter's small-flowered flax and Florida brickell-bush.
Additionally, approximately 15 ac (6 ha), or 94 percent, of Unit 3 is
enrolled in the NFC program.
Unit 4: Ned Glenn Nature Preserve
Unit 4 consists of approximately 11 ac (5 ha) of county-owned land
in Miami-
[[Page 33209]]
Dade County. The unit is within the historical range of the Miami tiger
beetle (i.e., pine rockland habitat within the Northern Biscayne
Pinelands of the Miami Rock Ridge), although we are not aware of any
records of historical occupancy of the unit. This unit includes all the
physical or biological features essential to the conservation of the
species and is protected and actively managed to maintain healthy pine
rockland habitat.
This unit is currently unoccupied by the Miami tiger beetle but is
essential for the conservation of the species because it serves to
protect habitat needed to recover the species, reestablish wild
populations within the historical range of the species, and maintain
populations throughout the historical distribution of the species in
Miami-Dade County. It also provides habitat for recovery in the case of
stochastic events, should the Miami tiger beetle be extirpated from one
of its current locations. Given this unit contains essential habitat
features (all of the physical or biological features), is protected and
actively managed, and has an appropriate spatial distribution falling
within the range of the species, we are reasonably certain that the
lands and habitat within this unit will contribute to the conservation
of the Miami tiger beetle.
The Natural Areas Management Division of Miami-Dade County Parks,
Recreation and Open Spaces Department conducts nonnative species
control, prescribed fire, and mechanical vegetation treatments on lands
owned by Miami-Dade County. The actions help improve habitat that could
support the Miami tiger beetle.
The entirety of Unit 4 overlaps with designated critical habitat
for Carter's small-flowered flax and Florida brickell-bush.
Additionally, approximately 11 ac (5 ha), or 100 percent, of Unit 4 is
enrolled in the NFC program.
Unit 5: Deering Estate at Cutler
Unit 5 consists of approximately 89 ac (36 ha) of county-owned land
in Miami-Dade County. The unit is within the historical range of the
Miami tiger beetle (i.e., pine rockland habitat within the Northern
Biscayne Pinelands of the Miami Rock Ridge), although we are not aware
of any records of historical occupancy of the unit. This unit includes
all the physical or biological features essential to the conservation
of the species and is protected and actively managed to maintain
healthy pine rockland habitat.
This unit is currently unoccupied by the Miami tiger beetle but is
essential for the conservation of the species because it serves to
protect habitat needed to recover the species, reestablish wild
populations within the historical range of the species, and maintain
populations throughout the historical distribution of the species in
Miami-Dade County. It also provides habitat for recovery in the case of
stochastic events, should the Miami tiger beetle be extirpated from one
of its current locations. Given this unit contains essential habitat
features (all of the physical or biological features), is protected and
actively managed, and has an appropriate spatial distribution falling
within the range of the species, we are reasonably certain that the
lands and habitat within this unit will contribute to the conservation
of the Miami tiger beetle.
The Natural Areas Management Division of Miami-Dade County Parks,
Recreation and Open Spaces Department conducts nonnative species
control, prescribed fire, and mechanical vegetation treatments on lands
owned by Miami-Dade County. The actions help improve habitat that could
support the Miami tiger beetle.
All but 5 ac (2 ha) of Unit 5 overlaps with designated critical
habitat for Carter's small-flowered flax and Florida brickell-bush.
Additionally, approximately 84 ac (34 ha), or 94 percent, of Unit 5 is
enrolled in the NFC program.
Unit 6: Silver Palm Groves Pineland
Unit 6 consists of approximately 25 ac (10 ha) of lands owned by
the State (20 ac (8 ha)) and county (5 ac (2 ha)) in Miami-Dade County.
The unit is within the historical range of the Miami tiger beetle
(i.e., pine rockland habitat within the Northern Biscayne Pinelands of
the Miami Rock Ridge), although we are not aware of any records of
historical occupancy of the unit. This unit includes all the physical
or biological features essential to the conservation of the species and
is protected and actively managed to maintain healthy pine rockland
habitat.
This unit is currently unoccupied by the Miami tiger beetle but is
essential for the conservation of the species because it serves to
protect habitat needed to recover the species, reestablish wild
populations within the historical range of the species, and maintain
populations throughout the historical distribution of the species in
Miami-Dade County. It also provides habitat for recovery in the case of
stochastic events, should the Miami tiger beetle be extirpated from one
of its current locations. Given this unit contains essential habitat
features (all of the physical or biological features), is protected and
actively managed, and has an appropriate spatial distribution falling
within the range of the species, we are reasonably certain that the
lands and habitat within this unit will contribute to the conservation
of the Miami tiger beetle.
The Natural Areas Management Division of Miami-Dade County Parks,
Recreation and Open Spaces Department conducts nonnative species
control, prescribed fire, and mechanical vegetation treatments on lands
owned by Miami-Dade County. The actions help improve habitat that could
support the Miami tiger beetle.
All but 3 ac (1 ha) of Unit 6 overlaps with designated critical
habitat for Bartram's scrub-hairstreak butterfly, Carter's small-
flowered flax, and Florida brickell-bush. Additionally, approximately
18 ac (7 ha), or 72 percent, of Unit 6 is enrolled in the NFC program.
Unit 7: Quail Roost Pineland
Unit 7 consists of approximately 48 ac (19 ha) of State-owned land
in Miami-Dade County. The unit is within the historical range of the
Miami tiger beetle (i.e., pine rockland habitat within the Northern
Biscayne Pinelands of the Miami Rock Ridge), although we are not aware
of any records of historical occupancy of the unit. This unit includes
all the physical or biological features essential to the conservation
of the species and is protected and actively managed to maintain
healthy pine rockland habitat.
This unit is currently unoccupied by the Miami tiger beetle but is
essential for the conservation of the species because it serves to
protect habitat needed to recover the species, reestablish wild
populations within the historical range of the species, and maintain
populations throughout the historical distribution of the species in
Miami-Dade County. It also provides habitat for recovery in the case of
stochastic events, should the Miami tiger beetle be extirpated from one
of its current locations. Given this unit contains essential habitat
features (all of the physical or biological features), is protected and
actively managed, and has an appropriate spatial distribution falling
within the range of the species, we are reasonably certain that the
lands and habitat within this unit will contribute to the conservation
of the Miami tiger beetle.
The Natural Areas Management Division of Miami-Dade County Parks,
Recreation and Open Spaces Department conducts nonnative species
control, prescribed fire, and mechanical vegetation treatments on lands
owned or
[[Page 33210]]
managed by Miami-Dade County, including this unit. The actions help
improve habitat that could support the Miami tiger beetle.
All but 1 ac (<1 ha) of Unit 7 overlaps with designated critical
habitat for Bartram's scrub-hairstreak butterfly, Carter's small-
flowered flax, and Florida brickell-bush. Additionally, approximately
32 ac (13 ha), or 67 percent, of Unit 7 is enrolled in the NFC program.
Unit 8: Eachus Pineland
Unit 8 consists of approximately 17 ac (7 ha) of county-owned lands
in Miami-Dade County. The unit is within the historical range of the
Miami tiger beetle (i.e., pine rockland habitat within the Northern
Biscayne Pinelands of the Miami Rock Ridge), although we are not aware
of any records of historical occupancy of the unit. This unit includes
all the physical or biological features essential to the conservation
of the species and is protected and actively managed to maintain
healthy pine rockland habitat.
This unit is currently unoccupied by the Miami tiger beetle but is
essential for the conservation of the species because it serves to
protect habitat needed to recover the species, reestablish wild
populations within the historical range of the species, and maintain
populations throughout the historical distribution of the species in
Miami-Dade County. It also provides habitat for recovery in the case of
stochastic events, should the Miami tiger beetle be extirpated from one
of its current locations. Given this unit contains essential habitat
features (all of the physical or biological features), is protected and
actively managed, and has an appropriate spatial distribution falling
within the range of the species, we are reasonably certain that the
lands and habitat within this unit will contribute to the conservation
of the Miami tiger beetle.
The Natural Areas Management Division of Miami-Dade County Parks,
Recreation and Open Spaces Department conducts nonnative species
control, prescribed fire, and mechanical vegetation treatments on lands
owned by Miami-Dade County. The actions help improve habitat that could
support the Miami tiger beetle.
The entirety of Unit 8 overlaps with designated critical habitat
for Carter's small-flowered flax and Florida brickell-bush.
Additionally, approximately 14 ac (6 ha), or 82 percent, of Unit 8 is
enrolled in the NFC program.
Unit 9: Bill Sadowski Park
Unit 9 consists of approximately 20 ac (8 ha) of county-owned lands
in Miami-Dade County. The unit is within the historical range of the
Miami tiger beetle (i.e., pine rockland habitat within the Northern
Biscayne Pinelands of the Miami Rock Ridge), although we are not aware
of any records of historical occupancy of the unit. This unit includes
all the physical or biological features essential to the conservation
of the species and is protected and actively managed to maintain
healthy pine rockland habitat.
This unit is currently unoccupied by the Miami tiger beetle but is
essential for the conservation of the species because it serves to
protect habitat needed to recover the species, reestablish wild
populations within the historical range of the species, and maintain
populations throughout the historical distribution of the species in
Miami-Dade County. It also provides habitat for recovery in the case of
stochastic events, should the Miami tiger beetle be extirpated from one
of its current locations. Given this unit contains essential habitat
features (all of the physical or biological features), is protected and
actively managed, and has an appropriate spatial distribution falling
within the range of the species, we are reasonably certain that the
lands and habitat within this unit will contribute to the conservation
of the Miami tiger beetle.
The Natural Areas Management Division of Miami-Dade County Parks,
Recreation and Open Spaces Department conducts nonnative species
control, prescribed fire, and mechanical vegetation treatments on lands
owned by Miami-Dade County. The actions help improve habitat that could
support the Miami tiger beetle.
All but 1 ac (<1 ha) of Unit 9 overlaps with designated critical
habitat for Carter's small-flowered flax and Florida brickell-bush.
Additionally, approximately 19 ac (8 ha), or 95 percent, of Unit 9 is
enrolled in the NFC program.
Unit 10: Tamiami Pineland Complex Addition
Unit 10 consists of approximately 21 ac (8 ha) of State-owned lands
in Miami-Dade County. The unit is within the historical range of the
Miami tiger beetle (i.e., pine rockland habitat within the Northern
Biscayne Pinelands of the Miami Rock Ridge), although we are not aware
of any records of historical occupancy of the unit. This unit includes
all the physical or biological features essential to the conservation
of the species and is protected and actively managed to maintain
healthy pine rockland habitat.
This unit is currently unoccupied by the Miami tiger beetle but is
essential for the conservation of the species because it serves to
protect habitat needed to recover the species, reestablish wild
populations within the historical range of the species, and maintain
populations throughout the historical distribution of the species in
Miami-Dade County. It also provides habitat for recovery in the case of
stochastic events, should the Miami tiger beetle be extirpated from one
of its current locations. Given this unit contains essential habitat
features (all of the physical or biological features), is protected and
actively managed, and has an appropriate spatial distribution falling
within the range of the species, we are reasonably certain that the
lands and habitat within this unit will contribute to the conservation
of the Miami tiger beetle.
The Natural Areas Management Division of Miami-Dade County Parks,
Recreation and Open Spaces Department conducts nonnative species
control, prescribed fire, and mechanical vegetation treatments on lands
owned or managed by Miami-Dade County, including this unit. The actions
help improve habitat that could support the Miami tiger beetle.
All but 2 ac (<1 ha) of Unit 10 overlaps with designated critical
habitat for Bartram's scrub-hairstreak butterfly, Carter's small-
flowered flax, and Florida brickell-bush. Additionally, approximately
18 ac (7 ha), or 86 percent, of Unit 10 is enrolled in the NFC program.
Unit 11: Pine Shore Pineland Preserve
Unit 11 consists of approximately 8 ac (3 ha) of county-owned lands
in Miami-Dade County. The unit is within the historical range of the
Miami tiger beetle (i.e., pine rockland habitat within the Northern
Biscayne Pinelands of the Miami Rock Ridge), although we are not aware
of any records of historical occupancy of the unit. This unit includes
all the physical or biological features essential to the conservation
of the species and is protected and actively managed to maintain
healthy pine rockland habitat.
This unit is currently unoccupied by the Miami tiger beetle but is
essential for the conservation of the species because it serves to
protect habitat needed to recover the species, reestablish wild
populations within the historical range of the species, and maintain
populations throughout the historical distribution of the species in
[[Page 33211]]
Miami-Dade County. It also provides habitat for recovery in the case of
stochastic events, should the Miami tiger beetle be extirpated from one
of its current locations. Given this unit contains essential habitat
features (all of the physical or biological features), is protected and
actively managed, and has an appropriate spatial distribution falling
within the range of the species, we are reasonably certain that the
lands and habitat within this unit will contribute to the conservation
of the Miami tiger beetle.
The Natural Areas Management Division of Miami-Dade County Parks,
Recreation and Open Spaces Department conducts nonnative species
control, prescribed fire, and mechanical vegetation treatments on lands
owned by Miami-Dade County. The actions help improve habitat that could
support the Miami tiger beetle.
The entirety of Unit 11 overlaps with designated critical habitat
for Carter's small-flowered flax and Florida brickell-bush.
Additionally, approximately 7 ac (3 ha), or 86 percent, of Unit 11 is
enrolled in the NFC program.
Unit 12: Nixon Smiley Pineland Preserve
Unit 12 consists of approximately 117 ac (47 ha) of county-owned
lands in Miami-Dade County. Based on unpublished survey data that
documented presence of the Miami tiger beetle (D. Cook 2015, pers.
comm.), this unit was occupied at the time of listing and is currently
occupied by the Miami tiger beetle. While surveys of this site have
been inconsistent in level of effort, timing, and frequency, they have
primarily focused on the habitat previously known to be occupied: The
open, sandy areas on the western half of the property.
This occupied habitat contains all of the physical or biological
features, including pine rockland habitat (of sufficient size) with
open or sparsely vegetated sandy areas that allow for thermoregulation,
foraging, egg-laying, larval development, species dispersal, and
population expansion, and natural or artificial disturbance regimes.
The physical or biological features in this unit are protected and
actively managed to maintain healthy pine rockland habitat. They may
require additional special management considerations or protection to
address threats of habitat loss and fragmentation, inadequate fire
management, vegetation encroachment, and sea level rise. In some cases,
there are management actions being implemented to reduce some of these
threats, and continued coordination with our partners and landowners
are ongoing to implement needed actions. This unit is occupied by one
of two extant populations of Miami tiger beetle, contains essential
habitat features (all of the physical or biological features), is
protected and actively managed, and has an appropriate spatial
distribution falling within the range of the species.
The Natural Areas Management Division of Miami-Dade County Parks,
Recreation and Open Spaces Department conducts nonnative species
control, prescribed fire, and mechanical vegetation treatments on lands
owned by Miami-Dade County. The actions help improve habitat that could
support the Miami tiger beetle.
All but 2 ac (<1 ha) of Unit 12 overlaps with designated critical
habitat for Bartram's scrub-hairstreak butterfly, Carter's small-
flowered flax, and Florida brickell-bush. Additionally, approximately
112 ac (47 ha), or 96 percent, of Unit 12 is enrolled in the NFC
program.
Unit 13: Boystown Pineland Preserve
Unit 13 consists of approximately 81 ac (33 ha) of lands owned by
the State (76 ac (31 ha)) and county (5 ac (2 ha)) in Miami-Dade
County. The unit is within the historical range of the Miami tiger
beetle (i.e., pine rockland habitat within the Northern Biscayne
Pinelands of the Miami Rock Ridge), although we are not aware of any
records of historical occupancy of the unit. This unit includes all the
physical or biological features essential to the conservation of the
species and is protected and actively managed to maintain healthy pine
rockland habitat.
This unit is currently unoccupied by the Miami tiger beetle but is
essential for the conservation of the species because it serves to
protect habitat needed to recover the species, reestablish wild
populations within the historical range of the species, and maintain
populations throughout the historical distribution of the species in
Miami-Dade County. It also provides habitat for recovery in the case of
stochastic events, should the Miami tiger beetle be extirpated from one
of its current locations. Given this unit contains essential habitat
features (all of the physical or biological features), is protected and
actively managed, and has an appropriate spatial distribution falling
within the range of the species, we are reasonably certain that the
lands and habitat within this unit will contribute to the conservation
of the Miami tiger beetle.
The Natural Areas Management Division of Miami-Dade County Parks,
Recreation and Open Spaces Department conducts nonnative species
control, prescribed fire, and mechanical vegetation treatments on lands
owned by Miami-Dade County. The actions help improve habitat that could
support the Miami tiger beetle.
All but 3 ac (1 ha) of Unit 13 overlaps with designated critical
habitat for Bartram's scrub-hairstreak butterfly, Carter's small-
flowered flax, and Florida brickell-bush. Additionally, approximately
62 ac (25 ha), or 77 percent, of Unit 13 is enrolled in the NFC
program.
Unit 14: Richmond Pine Rocklands
Unit 14 consists of approximately 1,347 ac (545 ha) in Miami-Dade
County. Landownership in this unit is split among Federal (488 ac (197
ha)), county (841 ac (340 ha)), and private (18 ac (7 ha)). We excluded
approximately 109.3 ac (44.2 ha) from the unit (a decrease of
approximately 109.3 ac [44.2 ha] from the proposed rule) (see Coral
Reef Commons Habitat Conservation Plan, below). Based on survey data
that documented presence of the Miami tiger beetle, this unit is
currently occupied by the Miami tiger beetle, which has been documented
from four contiguous parcels within the Richmond Pine Rocklands: Zoo
Miami Pine Rockland Preserve (Zoo Miami), Larry and Penny Thompson
Park, U.S. Coast Guard, and University of Miami's CSTARS. Miami tiger
beetles within the four contiguous occupied parcels in the Richmond
population are within close proximity to each other, with connecting
patches of habitat with few or no barriers between parcels. Given the
contiguous habitat with few barriers to dispersal, frequent adult
movement among individuals is likely, and the occupied Richmond parcels
likely represent a single population (Knisley 2015a, p. 10).
The unit also includes areas of pine rockland habitat containing
all of the physical or biological features essential to the
conservation of the species that are adjacent to sites with documented
occurrences. The complex, including these parcels, contains all of the
essential features (physical or biological features)--including pine
rockland habitat (of sufficient size) with open or sparsely vegetated
sandy areas that allow for thermoregulation, foraging, egg-laying,
larval development, species dispersal, and population expansion, and
natural or artificial disturbance regimes. The complex as a whole
protects the occupied sites within the Richmond population, provides
dispersal corridors for the Richmond population, provides potential
habitat for population expansion, and supports prey-base populations.
Being only one of two sites known to be currently
[[Page 33212]]
occupied by the Miami tiger beetle, this complex is important to the
Miami tiger beetle to ensure redundancy for the species and to
contribute to the species' viability.
The physical or biological features in this unit may require
additional special management considerations or protection to address
threats of habitat loss and fragmentation, inadequate fire management,
vegetation encroachment, and sea level rise. In some cases, these
threats are being addressed or coordinated with our partners and
landowners to implement needed actions.
Approximately 678 ac (274 ha), or 50 percent, of Unit 14 is
enrolled in the NFC program. In addition, of the approximately 1,347 ac
(545 ha) of critical habitat designated for the Miami tiger beetle in
Unit 14, about 830 ac (336 ha) overlap with designated critical habitat
for Bartram's scrub-hairstreak butterfly, Florida leafwing butterfly,
Carter's small-flowered flax, and Florida brickell-bush. Therefore,
approximately 517 ac (209 ha) of designated critical habitat in Unit 14
is unique to the Miami tiger beetle.
Unit 15: Calderon Pineland
Unit 15 consists of approximately 14 ac (6 ha) of county-owned
lands in Miami-Dade County. The unit is within the historical range of
the Miami tiger beetle (i.e., pine rockland habitat within the Northern
Biscayne Pinelands of the Miami Rock Ridge), although we are not aware
of any records of historical occupancy of the unit. This unit includes
all the physical or biological features essential to the conservation
of the species and is protected and actively managed to maintain
healthy pine rockland habitat.
This unit is currently unoccupied by the Miami tiger beetle but is
essential for the conservation of the species because it serves to
protect habitat needed to recover the species, reestablish wild
populations within the historical range of the species, and maintain
populations throughout the historical distribution of the species in
Miami-Dade County. It also provides habitat for recovery in the case of
stochastic events, should the Miami tiger beetle be extirpated from one
of its current locations. Given this unit contains essential habitat
features (all of the physical or biological features), is protected and
actively managed, and has an appropriate spatial distribution falling
within the range of the species, we are reasonably certain that the
lands and habitat within this unit will contribute to the conservation
of the Miami tiger beetle.
The Natural Areas Management Division of Miami-Dade County Parks,
Recreation and Open Spaces Department conducts nonnative species
control, prescribed fire, and mechanical vegetation treatments on lands
owned by Miami-Dade County. The actions help improve habitat that could
support the Miami tiger beetle.
The entirety of Unit 15 overlaps with designated critical habitat
for Florida brickell-bush. Additionally, approximately 9 ac (4 ha), or
64 percent, of Unit 15 is enrolled in the NFC program.
Unit 16: Porter Pineland Preserve
Unit 16 consists of approximately 7 ac (3 ha) of privately owned
lands in Miami-Dade County. The unit is within the historical range of
the Miami tiger beetle (i.e., pine rockland habitat within the Northern
Biscayne Pinelands of the Miami Rock Ridge), although we are not aware
of any records of historical occupancy of the unit. This unit includes
all the physical or biological features essential to the conservation
of the species and is protected and actively managed to maintain
healthy pine rockland habitat.
This unit is currently unoccupied by the Miami tiger beetle but is
essential for the conservation of the species because it serves to
protect habitat needed to recover the species, reestablish wild
populations within the historical range of the species, and maintain
populations throughout the historical distribution of the species in
Miami-Dade County. It also provides habitat for recovery in the case of
stochastic events, should the Miami tiger beetle be extirpated from one
of its current locations. Given this unit contains essential habitat
features (all of the physical or biological features), is protected and
actively managed, and has an appropriate spatial distribution falling
within the range of the species, we are reasonably certain that the
lands and habitat within this unit will contribute to the conservation
of the Miami tiger beetle.
The Audubon Society, with the help of volunteers and other
conservation groups, conduct nonnative species control, prescribed
fire, and mechanical vegetation treatments on this privately owned
parcel. The actions help improve habitat that could support the Miami
tiger beetle.
The entirety of Unit 16 overlaps with designated critical habitat
for Carter's small-flowered flax and Florida brickell-bush.
Additionally, approximately 6 ac (2 ha), or 86 percent, of Unit 16 is
enrolled in the NFC program.
Effects of Critical Habitat Designation
Section 7 Consultation
Section 7(a)(2) of the Act requires Federal agencies, including the
Service, to ensure that any action they fund, authorize, or carry out
is not likely to jeopardize the continued existence of any endangered
species or threatened species or result in the destruction or adverse
modification of designated critical habitat of such species.
We published a final rule revising the definition of destruction or
adverse modification on August 27, 2019 (84 FR 44976). Destruction or
adverse modification means a direct or indirect alteration that
appreciably diminishes the value of critical habitat as a whole for the
conservation of a listed species.
If a Federal action may affect a listed species or its critical
habitat, the responsible Federal agency (action agency) must enter into
consultation with us. Examples of actions that are subject to the
section 7 consultation process are actions on State, Tribal, local, or
private lands that require a Federal permit (such as a permit from the
U.S. Army Corps of Engineers (USACE) under section 404 of the Clean
Water Act (33 U.S.C. 1251 et seq.) or a permit from the Service under
section 10 of the Act) or that involve some other Federal action (such
as funding from the Federal Highway Administration, Federal Aviation
Administration, or the Federal Emergency Management Agency). Federal
actions not affecting listed species or critical habitat--and actions
on State, Tribal, local, or private lands that are not federally
funded, authorized, or carried out by a Federal agency--do not require
section 7 consultation.
Compliance with the requirements of section 7(a)(2) is documented
through our issuance of:
(1) A concurrence letter for Federal actions that may affect, but
are not likely to adversely affect, listed species or critical habitat;
or
(2) A biological opinion for Federal actions that may affect, and
are likely to adversely affect, listed species or critical habitat.
When we issue a biological opinion concluding that a project is
likely to jeopardize the continued existence of a listed species and/or
destroy or adversely modify critical habitat, we provide reasonable and
prudent alternatives to the project, if any are identifiable, that
would avoid the likelihood of jeopardy and/or destruction or adverse
modification of critical habitat. We define ``reasonable and prudent
alternatives'' (at 50 CFR
[[Page 33213]]
402.02) as alternative actions identified during consultation that:
(1) Can be implemented in a manner consistent with the intended
purpose of the action,
(2) Can be implemented consistent with the scope of the Federal
agency's legal authority and jurisdiction,
(3) Are economically and technologically feasible, and
(4) Would, in the Service Director's opinion, avoid the likelihood
of jeopardizing the continued existence of the listed species and/or
avoid the likelihood of destroying or adversely modifying critical
habitat.
Reasonable and prudent alternatives can vary from slight project
modifications to extensive redesign or relocation of the project. Costs
associated with implementing a reasonable and prudent alternative are
similarly variable.
Regulations at 50 CFR 402.16 set forth requirements for Federal
agencies to reinitiate formal consultation on previously reviewed
actions. These requirements apply when the Federal agency has retained
discretionary involvement or control over the action (or the agency's
discretionary involvement or control is authorized by law) and, if
subsequent to the previous consultation: (a) if the amount or extent of
taking specified in the incidental take statement is exceeded; (b) if
new information reveals effects of the action that may affect listed
species or critical habitat in a manner or to an extent not previously
considered; (c) if the identified action is subsequently modified in a
manner that causes an effect to the listed species or critical habitat
that was not considered in the biological opinion or written
concurrence; or (d) if a new species is listed or critical habitat
designated that may be affected by the identified action.
In such situations, Federal agencies sometimes may need to request
reinitiation of consultation with us, but Congress also enacted some
exceptions in 2018 to the requirement to reinitiate consultation on
certain land management plans on the basis of a new species listing or
new designation of critical habitat that may be affected by the subject
Federal action. See 2018 Consolidated Appropriations Act, Public Law
115-141, Div, O, 132 Stat. 1066 and 1067 (2018).
Application of the ``Adverse Modification'' Standard
The key factor related to the destruction or adverse modification
determination is whether implementation of the proposed Federal action
directly or indirectly alters the designated critical habitat in a way
that appreciably diminishes the value of the critical habitat as a
whole for the conservation of the listed species. As discussed above,
the role of critical habitat is to support physical or biological
features essential to the conservation of a listed species and provide
for the conservation of the species.
Section 4(b)(8) of the Act requires us to briefly evaluate and
describe, in any proposed or final regulation that designates critical
habitat, activities involving a Federal action that may violate section
7(a)(2) of the Act by destroying or adversely modifying such habitat,
or that may be affected by such designation.
Activities that the Service may, during a consultation under
section 7(a)(2) of the Act, consider likely to destroy or adversely
modify critical habitat include, but are not limited to:
(1) Actions that would significantly alter the hydrology or
substrate, such as ditching or filling. Such activities may include,
but are not limited to, road construction or maintenance, and
residential, commercial, or recreational development.
(2) Actions that would significantly alter vegetation structure or
composition. Such activities may include, but are not limited to,
preventing the ability to conduct prescribed burns, residential and
commercial development, and recreational facilities and trails.
(3) Actions that would introduce chemical pesticides into the pine
rockland ecosystem in a manner that impacts the Miami tiger beetle.
Such activities may include, but are not limited to, mosquito control
and agricultural pesticide applications.
(4) Actions that would introduce nonnative species that would
significantly alter vegetation structure or composition or the life
history of the Miami tiger beetle. Such activities may include, but are
not limited to, release of parasitic or predator species (flies or
wasps) for use in agriculture-based biological control programs.
Exemptions
Application of Section 4(a)(3) of the Act
Section 4(a)(3)(B)(i) of the Act (16 U.S.C. 1533(a)(3)(B)(i))
provides that the Secretary shall not designate as critical habitat any
lands or other geographical areas owned or controlled by the Department
of Defense (DoD), or designated for its use, that are subject to an
integrated natural resources management plan (INRMP) prepared under
section 101 of the Sikes Act (16 U.S.C. 670a), if the Secretary
determines in writing that such plan provides a benefit to the species
for which critical habitat is designated. There are no DoD lands with a
completed INRMP within the final critical habitat designation.
Further, we are not aware of any DoD lands subject to an INRMP
within the boundaries of the critical habitat designation. We have
determined that the U.S. Army Corps of Engineers (USACE), a branch of
the DoD, retains ownership over a 121-ac (49-ha) parcel in Unit 14 of
the designation of critical habitat; of this parcel, 85 ac (34 ha) are
forested but not managed for preservation of natural resources. These
USACE lands are not considered a military instillation under the Sikes
Act subject to an INRMP, so they do not meet the standards of section
4(a)(3)(B)(i) of the Act. As a result, we are not exempting any lands
from this designation of critical habitat for the Miami tiger beetle
pursuant to section 4(a)(3)(B)(i) of the Act.
Consideration of Impacts Under Section 4(b)(2) of the Act
Section 4(b)(2) of the Act states that the Secretary shall
designate and make revisions to critical habitat on the basis of the
best available scientific data after taking into consideration the
economic impact, national security impact, and any other relevant
impact of specifying any particular area as critical habitat. The
Secretary may exclude an area from critical habitat based on economic
impacts, impacts on national security, or any other relevant impacts.
Exclusion decisions are governed by the regulations at 50 CFR 424.19
and the 2016 Policy (81 FR 7226; February 11, 2016)--both of which were
developed jointly with the National Marine Fisheries Service. We also
refer to a 2008 Department of the Interior Solicitor's opinion
entitled, ``The Secretary's Authority to Exclude Areas from a Critical
Habitat Designation under Section 4(b)(2) of the Endangered Species
Act'' (M-37016). We explain each decision to exclude areas, as well as
decisions not to exclude, to demonstrate that the decision is
reasonable.
The Secretary may exclude any particular area if she determines
that the benefits of such exclusion outweigh the benefits of including
such area as part of the critical habitat, unless she determines, based
on the best scientific data available, that the failure to designate
such area as critical habitat will result in the extinction of the
species. In making the determination to exclude a particular area, the
statute on its face, as well as the legislative history,
[[Page 33214]]
are clear that the Secretary has broad discretion regarding which
factor(s) to use and how much weight to give to any factor.
When identifying the benefits of inclusion for an area, we consider
the additional regulatory benefits that area would receive due to the
protection from destruction of adverse modification as a result of
actions with a Federal nexus; the educational benefits of mapping
essential habitat for recovery of the listed species; and any benefits
that may result from a designation due to State or Federal laws that
may apply to critical habitat. In the case of the Miami tiger beetle,
the benefits of critical habitat include public awareness of the
presence of beetle and the importance of habitat protection, and, where
a Federal nexus exists, increased habitat protection for the species
due to the protection from destruction or adverse modification of
critical habitat.
When identifying the benefits of exclusion, we consider, among
other things, whether exclusion of a specific area is likely to result
in conservation or in the continuation, strengthening, or encouragement
of partnerships. Additionally, continued implementation of an ongoing
management plan that provides equal to or more conservation than a
critical habitat designation would reduce the benefits of including
that specific area in the critical habitat designation.
We evaluate the existence of a conservation plan when considering
the benefits of inclusion. We consider a variety of factors, including,
but not limited to, whether the plan is finalized; how it provides for
the conservation of the essential physical or biological features;
whether there is a reasonable expectation that the conservation
management strategies and actions contained in a management plan will
be implemented into the future; whether the conservation strategies in
the plan are likely to be effective; and whether the plan contains a
monitoring program or adaptive management to ensure that the
conservation measures are effective and can be adapted in the future in
response to new information.
After identifying the benefits of inclusion and the benefits of
exclusion, we carefully weigh the two sides to evaluate whether the
benefits of exclusion outweigh those of inclusion. If our analysis
indicates that the benefits of exclusion outweigh the benefits of
inclusion, we then determine whether exclusion would result in
extinction of the species. If exclusion of an area from critical
habitat will result in extinction, we will not exclude it from the
designation.
Exclusions Based on Economic Impacts
Section 4(b)(2) of the Act and its implementing regulations require
that we consider the economic impact that may result from a designation
of critical habitat. In order to consider economic impacts, we prepared
an incremental effects memorandum (IEM) and screening analysis which,
together with our narrative and interpretation of effects, we consider
our draft economic analysis (DEA) of the critical habitat designation
and related factors (IEc 2022 entire). The DEA was made available for
public review from September 7, 2021, through December 23, 2021 (see 86
FR 49945, September 7, 2021, and 86 FR 61745, November 8, 2021). The
DEA addressed probable economic impacts of critical habitat designation
for the Miami tiger beetle. Following the close of the comment period,
we reviewed and evaluated all information submitted during the comment
period that may pertain to our consideration of the probable
incremental economic impacts of this critical habitat designation.
Information relevant to the probable incremental economic impacts of
critical habitat designation for the Miami tiger beetle is summarized
below and available in the screening analysis (IEc 2022, entire),
available at https://www.regulations.gov.
In our evaluation of the probable incremental economic impacts that
may result from the designation of critical habitat for the Miami tiger
beetle, first we identified, in the IEM dated April 28, 2021, probable
incremental economic impacts associated with the following categories
of activities: (1) Federal lands management (U.S. Coast Guard, USACE,
Federal Bureau of Prisons (FBP), and National Oceanic and Atmospheric
Administration (NOAA)); (2) roadway and bridge construction; (3)
agriculture; (4) dredging; (5) storage and distribution of chemical
pollutants; (6) commercial or residential development; and (7)
recreation (including construction of recreation infrastructure). We
considered each industry or category individually. Additionally, we
considered whether their activities have any Federal involvement.
Critical habitat designation generally will not affect activities that
do not have any Federal involvement; under the Act, designation of
critical habitat only affects activities conducted, funded, permitted,
or authorized by Federal agencies. In areas where the Miami tiger
beetle is present, Federal agencies already are required to consult
with the Service under section 7 of the Act on activities they fund,
permit, or implement that may affect the species. With critical habitat
for the Miami tiger beetle being finalized, our consultations will
include an evaluation of measures to avoid the destruction or adverse
modification of critical habitat.
In our IEM, we attempted to clarify the distinction between the
effects that will result from the species being listed and those
attributable to the critical habitat designation (i.e., difference
between the jeopardy and adverse modification standards) for the Miami
tiger beetle's critical habitat. Because the designation of critical
habitat for the Miami tiger beetle is being designated several years
following the listing of the species, data, such as from consultation
history, is available to help us discern which conservation efforts are
attributable to the species being listed and those which will result
solely from the designation of critical habitat. The following specific
circumstances also help to inform our evaluation: (1) The essential
physical or biological features identified for critical habitat are the
same features essential for the life requisites of the species, and (2)
any actions that would result in sufficient harm to constitute jeopardy
to the Miami tiger beetle would also likely adversely affect the
essential physical or biological features of critical habitat. The IEM
outlines our rationale concerning this limited distinction between
protections or economic impacts associated with listing and incremental
impacts of the designation of critical habitat for this species. This
evaluation of the incremental effects has been used as the basis to
evaluate the probable incremental economic impacts of this designation
of critical habitat.
The critical habitat designation for the Miami tiger beetle totals
approximately 1,869 ac (756 ha) in 16 units in Miami-Dade County,
Florida. Two of the 16 units are currently occupied by the Miami tiger
beetle; the remaining 14 units are within the beetle's historical range
but were not occupied at the time the species was listed in 2016 and
are not known to be currently occupied. As previously stated, the 14
unoccupied critical habitat units encompass approximately 405 ac (164
ha) or 22 percent of critical habitat for the Miami tiger beetle, of
which only 16 ac (7 ha) or 4 percent are not currently designated as
critical habitat for other federally listed species. Tables 1 through
3, above, set forth specific information concerning each unit,
including occupancy, land ownership, and extent of overlap with
existing Federal critical habitat.
[[Page 33215]]
Because the majority (78 percent) of the area designated is
occupied, most actions that may adversely modify designated critical
habitat may also adversely affect the species, and it is unlikely that
any additional conservation efforts would be recommended to address the
adverse modification standard over and above those recommended as
necessary to avoid jeopardizing the continued existence of the Miami
tiger beetle or minimize any take associated with the Federal action.
Therefore, only administrative costs are expected in approximately 78
percent of the critical habitat designation. While the analysis for
adverse modification of critical habitat will require time and
resources by both the Federal action agency and the Service, it is
believed that, in most circumstances, these costs would predominantly
be administrative in nature and would not be significant.
The remaining designated area is unoccupied, but most (96 percent
of the unoccupied area) of it overlaps with existing designated
critical habitat for other pine rockland habitat species, including
Carter's small-flowered flax, Florida brickell-bush, Bartram's scrub
hairstreak butterfly, and the Florida leafwing butterfly. As a result,
consultations for other listed species and critical habitats are likely
to have already resulted in protections absent the critical habitat
designation for the Miami tiger beetle, and recommendations for those
species are anticipated to be sufficient to protect Miami tiger
beetle's critical habitat. Further, any consultation requirements for
listed species and resulting costs would be at least partially split
among each overlapped species with not one species being the sole
source of the entire costs. Accordingly, in these unoccupied areas, any
conservation efforts or associated probable impacts would be considered
incremental effects attributed to the critical habitat designation.
The probable incremental economic impacts of the Miami tiger beetle
critical habitat designation are expected to be limited to additional
administrative effort as well as minor costs of conservation efforts
resulting from a small number of future section 7 consultations. This
is due to two factors: (1) A large portion (78 percent) of critical
habitat is considered to be occupied by the species, and incremental
economic impacts of critical habitat designation, other than
administrative costs, are unlikely; and (2) in areas that are not
occupied by the Miami tiger beetle (22 percent of the designation),
nearly all is designated critical habitat for other pine rockland
species and this designation is not likely to result in additional or
different project modifications from those that would already be
anticipated absent this designation. Because of the relatively small
size of the critical habitat designation for the Miami tiger beetle,
the volume of lands that are State, county, or privately owned, and the
substantial amount of land that is already being managed for
conservation, the numbers of section 7 consultations expected annually
are modest (approximately 2 formal, 12 informal, and 14 technical
assistance efforts annually across the designation).
Some potential private property value effects are possible due to
public perception of impacts to private lands. The designation of
critical habitat may cause some developers or landowners to perceive
that private land will be subject to use restrictions or litigation
from third parties, resulting in costs. However, approximately 1
percent of the critical habitat designation is privately owned land,
leading to nominal incremental costs arising from changes in public
perception of lands included in this designation.
Critical habitat designation for the Miami tiger beetle has been
determined to not generate costs or benefits exceeding $100 million in
a single year. Therefore, this rule does not meet the threshold for an
economically significant rule, with regard to costs, under E.O. 12866.
In fact, the total annual incremental costs of critical habitat
designation for the Miami tiger beetle are anticipated to be less than
$48,000 per year, and economic benefits are also anticipated to be
small.
The Service considered the economic impacts of this critical
habitat designation. The Secretary is not exercising her discretion to
exclude any areas from this designation of critical habitat for the
Miami tiger beetle based on economic impacts.
Exclusions Based on Impacts on National Security and Homeland Security
Section 4(a)(3)(B)(i) of the Act may not cover all DoD lands or
areas that pose potential national-security concerns (e.g., a DoD
installation that is in the process of revising its INRMP for a newly
listed species or a species previously not covered). If a particular
area is not covered under section 4(a)(3)(B)(i), national-security or
homeland-security concerns are not a factor in the process of
determining what areas meet the definition of ``critical habitat.''
Nevertheless, when designating critical habitat under section 4(b)(2)
of the Act, we must consider impacts on national security, including
homeland security, on lands or areas not covered by section
4(a)(3)(B)(i). Accordingly, we will always consider for exclusion from
the designation areas for which DoD, Department of Homeland Security
(DHS), or another Federal agency has requested exclusion based on an
assertion of national-security or homeland-security concerns.
DHS Land Parcel
We have determined that some lands within Unit 14 of the
designation of critical habitat for the Miami tiger beetle are owned,
managed, or used by the U.S. Coast Guard, which is part of the DHS. The
U.S. Coast Guard property is separated into two main areas: the
Communication Station (COMMSTA) Miami and the Civil Engineering Unit
(CEU). The COMMSTA houses transmitting and receiving antennas. The CEU
plans and executes projects at regional shore facilities, such as
construction and post-disaster assessments.
The U.S. Coast Guard parcel contains approximately 100 ac (40 ha)
of standing pine rocklands. The remainder of the site, outside of the
developed areas, is made up of scraped pine rocklands that are mowed
three to four times per year for maintenance of a communications
antenna field. While disturbed, this scraped area maintains sand
substrate and many native pine rockland species, including documented
occurrences of the Miami tiger beetle. As of May 2022, the U.S. Coast
Guard parcel has a resource management plan that includes management of
pine rockland habitats, including vegetation control, prescribed fire,
and protection of lands from further development or degradation. In
addition, the portions of the standing pine rockland area underwent
vegetation thinning through an active recovery grant to the Institute
for Regional Conservation. Under this grant, nearly 39 ac (16 ha) of
standing pine rocklands underwent invasive vegetation control.
Based on a review of the specific mission of the U.S. Coast Guard
facility in conjunction with the measures and efforts set forth in the
draft management plan to preserve pine rockland habitat and protect
sensitive and listed species, we have made a determination that it is
unlikely that the designation of critical habitat would negatively
impact the facility or its operations. As a result, we do not
anticipate any impact on national security.
[[Page 33216]]
DoD Land Parcel
We have determined that USACE, a branch of the DoD, retains
ownership over a 121-ac (49-ha) parcel in Unit 14 of the designation of
critical habitat for the Miami tiger beetle. Over 85 ac (34 ha) of this
parcel are forested but not managed for preservation of natural
resources. The USACE does not have any specific management plan for the
Miami tiger beetle or its habitat covering these lands. Activities
conducted on this site are unknown, but we do not anticipate any impact
on national security.
Following our process for coordinating with Federal partners, we
contacted the DoD and DHS about this designation and shared the IEM for
their feedback. Neither agency identified any potential national-
security impact, nor requested an exclusion from critical habitat based
on potential national-security impacts. Consequently, the Secretary is
not exercising her discretion to exclude any areas from this
designation based on impacts on national security.
Exclusions Based on Other Relevant Impacts
Under section 4(b)(2) of the Act, we consider any other relevant
impacts, in addition to economic impacts and impacts on national
security. We consider a number of factors, including whether there are
permitted conservation plans covering the species in the area such as
HCPs, safe harbor agreements (SHAs), or candidate conservation
agreements with assurances (CCAAs), or whether there are non-permitted
conservation agreements and partnerships that would be encouraged by
designation of, or exclusion from, critical habitat. In addition, we
look at the existence of Tribal conservation plans and partnerships and
consider the government-to-government relationship of the United States
with Tribal entities. We also consider any social impacts that might
occur because of the designation.
When identifying the benefits of inclusion for an area, we consider
the additional regulatory benefits that area would receive due to the
protection from destruction or adverse modification as a result of
actions with a Federal nexus, the educational benefits of mapping
essential habitat for recovery of the listed species, and any benefits
that may result from a designation due to State or Federal laws that
may apply to critical habitat.
When considering the benefits of exclusion, we consider, among
other things, whether exclusion of a specific area is likely to result
in conservation, or in the continuation, strengthening, or
encouragement of partnerships.
In the case of the Miami tiger beetle, the benefits of critical
habitat include public awareness of the presence of the Miami tiger
beetle and the importance of habitat protection, and, where a Federal
nexus exists, increased habitat protection for the Miami tiger beetle
due to protection from destruction or adverse modification of critical
habitat. Continued implementation of an ongoing management plan that
provides conservation equal to or more than the protections that result
from a critical habitat designation would reduce those benefits of
including that specific area in the critical habitat designation.
We evaluate the existence of a conservation plan when considering
the benefits of inclusion. We consider a variety of factors, including,
but not limited to, whether the plan is finalized; how it provides for
the conservation of the essential physical or biological features;
whether there is a reasonable expectation that the conservation
management strategies and actions contained in a management plan will
be implemented into the future; whether the conservation strategies in
the plan are likely to be effective; and whether the plan contains a
monitoring program or adaptive management to ensure that the
conservation measures are effective and can be adapted in the future in
response to new information.
After identifying the benefits of inclusion and the benefits of
exclusion, we carefully weigh the two sides to evaluate whether the
benefits of exclusion outweigh those of inclusion. If our analysis
indicates that the benefits of exclusion outweigh the benefits of
inclusion, we then determine whether exclusion would result in
extinction of the species. If exclusion of an area from critical
habitat will result in extinction, we will not exclude it from the
designation.
Based on the information provided by entities seeking exclusion, as
well as additional public comments we received, and the best scientific
data available, we evaluated whether certain lands in proposed Unit 14
are appropriate for exclusion from this final designation under section
4(b)(2) of the Act. If the analysis indicates that the benefits of
excluding lands from the final designation outweigh the benefits of
designating those lands as critical habitat, then the Secretary may
exercise her discretion to exclude the lands from the final
designation. In the paragraphs below, we provide a detailed balancing
analysis of the areas being excluded under section 4(b)(2) of the Act.
Private or Other Non-Federal Conservation Plans Related to Permits
Under Section 10 of the Act
HCPs for incidental take permits under section 10(a)(1)(B) of the
Act provide for partnerships with non-Federal entities to minimize and
mitigate impacts to listed species and their habitat. In some cases,
HCP permittees agree to do more for the conservation of the species and
their habitats on private lands than designation of critical habitat
would provide alone. We place great value on the partnerships that are
developed during the preparation and implementation of HCPs.
CCAAs and SHAs are voluntary agreements designed to conserve
candidate and listed species, respectively, on non-Federal lands. In
exchange for actions that contribute to the conservation of species on
non-Federal lands, participating property owners are covered by an
``enhancement of survival'' permit under section 10(a)(1)(A) of the
Act, which authorizes incidental take of the covered species that may
result from implementation of conservation actions, specific land uses,
and, in the case of SHAs, the option to return to a baseline condition
under the agreements. The Service also provides enrollees assurances
that we will not impose further land-, water-, or resource-use
restrictions, or require additional commitments of land, water, or
finances, beyond those agreed to in the agreements.
When we undertake a discretionary section 4(b)(2) exclusion
analysis, we will always consider areas covered by an approved CCAA/
SHA/HCP and generally exclude such areas from a designation of critical
habitat if three conditions are met:
(1) The permittee is properly implementing the CCAA/SHA/HCP and is
expected to continue to do so for the term of the agreement. A CCAA/
SHA/HCP is properly implemented if the permittee is, and has been,
fully implementing the commitments and provisions in the CCAA/SHA/HCP,
implementing agreement, and permit.
(2) The species for which critical habitat is being designated is a
covered species in the CCAA/SHA/HCP, or very similar in its habitat
requirements to a covered species. The recognition that the Service
extends to such an agreement depends on the degree to which the
conservation measures undertaken in the CCAA/SHA/HCP would also protect
the habitat features of the similar species.
(3) The CCAA/SHA/HCP specifically addresses the habitat of the
species for
[[Page 33217]]
which critical habitat is being designated and meets the conservation
needs of the species in the planning area.
Coral Reef Commons Habitat Conservation Plan
We have determined that lands associated with the Coral Reef
Commons HCP were included within the boundaries of the proposed
critical habitat, within Unit 14 (Richmond Pine Rocklands), for the
Miami tiger beetle.
Coral Reef Commons is a mixed-use community, which consists of 900
apartments, retail stores, restaurants, and parking. In 2017, an HCP
and associated permit under section 10 of the Act were developed and
issued for the Coral Reef Commons development. As part of the HCP and
permit, an approximately 53-ac (21-ha) onsite preserve (included in the
area for proposed critical habitat designation) was established under a
conservation encumbrance that will be managed in perpetuity for pine
rockland habitat and sensitive and listed species, including the Miami
tiger beetle. An additional approximately 57 ac (23 ha) of the CSTARS
site is an offsite mitigation area for Coral Reef Commons. Both the
onsite preserve and the offsite mitigation area are being managed to
maintain healthy pine rockland habitat using invasive, exotic plant
management, mechanical treatment, and prescribed fire, addressing both
the habitat and conservation needs of the species. Since initiating the
Coral Reef Commons HCP, pine rockland restoration efforts have been
conducted within all of the management units in both the onsite
preserve and the offsite mitigation area. A second round of prescribed
fire began in February 2021. Currently, the onsite preserve meets or
exceeds the success criteria described for proper implementation of the
HCP.
Critical habitat within Unit 14 that is associated with the Coral
Reef Commons HCP is limited to the onsite preserve and offsite
mitigation area. Based on our review of the HCP and critical habitat
for the Miami tiger beetle, we do not anticipate requesting any
additional conservation measures for the species beyond those that are
currently in place. The Coral Reef Commons HCP covers the Miami tiger
beetle, addresses the specific habitat of the species and meets the
conservation needs of the species, and is currently being implemented
properly.
Benefits of Inclusion
The primary benefit of including the onsite preserve and offsite
mitigation area associated with the Coral Reef Commons HCP is the
potential additional regulatory oversight to ensure that the preserve
and mitigation area are being protected and managed according to the
provisions and measures set forth in the HCP. However, because there is
an existing record that the Miami tiger beetle is a covered species
under the HCP and because the provisions and measures set forth in the
HCP for the management of these areas for pine rockland habitat and the
Miami tiger beetle are being fully implemented, the additional benefits
of the inclusion of these areas in designated critical habitat is
estimated to be small. Further, as a result of the above and the
continued productive partnership Coral Reef Commons has demonstrated,
we do not anticipate requesting any additional conservation measures
for the species and its habitat, thus additionally suggesting that the
benefit of the inclusion of these parcels in critical habitat to be
minimal.
A secondary benefit to the inclusion of the onsite preserve and
offsite mitigation area in critical habitat for the Miami tiger beetle
is an educational benefit through ensuring public awareness regarding
the importance of these specific parcels to the Miami tiger beetle and
its long-term conservation. Since there are only two known extant
populations of the Miami tiger beetle, with this area being one, and
with an excess of 90 percent of pine rockland habitat in south Florida
being lost, the relative importance of these parcels to the species is
high due to its long-term conservation and public interest.
Benefits of Exclusion
The Miami tiger beetle is a species included in the Coral Reef
Commons HCP. As part of the HCP, the onsite preserve and offsite
mitigation area were established to protect and conserve the species
and its habitat. The conservation and protective measures established
for these parcels as part of the HCP and section 10 permit are being
fully implemented. We have determined that given the successful record
of implementing the measures for the Miami tiger beetle on these
parcels, we would, at this time, not seek any additional measures to
protect the species or its habitat beyond those set forth in the HPC
and accompanying permit, thus minimizing any additional regulatory
benefit realized by their inclusion. Further, the conservation
partnership with the Coral Reef Commons development advocate is well
established and could be significantly harmed by the failure to
acknowledge the conservation value of the HCP and that the conservation
and protective measures of the HCP and section 10 permit are being
fully implemented. Additionally, failure to acknowledge and abide by
these agreements would most likely send a chilling effect to other
potential conservation partners, which could render conservation
efforts in south Florida for the Miami tiger beetle and other listed
and at-risk species more difficult and potentially harm species and
sensitive habitats.
Benefits of Exclusion Outweigh the Benefits of Inclusion
We have found that on balance, the benefits of excluding the onsite
preserve and offsite mitigation area associated with the Coral Reef
Commons HCP outweigh the benefits of including the specific parcels in
designated critical habitat for the Miami tiger beetle. We have
determined that benefits from the preservation of the conservation
partnership with Coral Reef Commons development and the continued
ongoing conservation measures implemented on these parcels outweigh the
potential additional regulatory benefits associated with their
inclusion in critical habitat, which would most likely be in the form
of regulatory oversight. Additionally, the acknowledgement of the
productive cooperative partnership is important for not only this
species and situation, but for other existing and future conservation
efforts, and to not exclude these lands given that there is a signed
HCP that covers the species, provides the necessary conservation
measures, and is being fully implemented would have a detrimental
effect on existing and future conservation partnerships. Further, while
we find that the educational benefits associated with the parcels being
in the final designation valuable, we have determined that the
inclusion of these areas in the proposal has educated the public as to
their importance to the species and will continue to do so. We
anticipate minimal further benefit if they were to be included in this
final designation. Therefore, we are excluding those specific lands
associated with the Coral Reef Commons HCP that are in the onsite
preserve and offsite mitigation area from this final designation of
critical habitat for the Miami tiger beetle because we find that the
benefit of excluding them from designated critical habitat outweighs
the benefit of their inclusion.
Exclusion Will Not Result in Extinction of the Species
As discussed above, the conservation measures and provisions set
forth in the Coral Reef Commons HCP to manage the onsite preserve and
offsite mitigation
[[Page 33218]]
area for the Miami tiger beetle and pine rockland habitat are being
fully and successfully implemented. There is a record that the project
proponent is a cooperating partner in the conservation of the Miami
tiger beetle. We have indicated that, at this time, we would not ask
for any additional conservation measures for the species and its
habitat and have determined that these areas are being fully protected
for the Miami tiger beetle. As a result, we do not find that the
exclusion of these specific areas from designated critical habitat is a
threat to the viability of the Miami tiger beetle. Further, because the
Miami tiger beetle is listed as an endangered species and these areas
are occupied, if at any time the parcels are no longer being managed
appropriately, the species continues to be protected by the provisions
of the Act and the permit for the HCP can be revisited. We conclude
that the exclusion of these specific parcels from designated critical
habitat will not result in the extinction of the Miami tiger beetle.
We have further determined that there are no additional HCPs or
other management plans for the Miami tiger beetle within the critical
habitat designation.
Tribal Lands
Several Executive Orders, Secretary's Orders, and policies concern
working with Tribes. These guidance documents generally confirm our
trust responsibilities to Tribes, recognize that Tribes have sovereign
authority to control Tribal lands, emphasize the importance of
developing partnerships with Tribal governments, and direct the Service
to consult with Tribes on a government-to-government basis. However, we
have not identified any Tribal lands associated with this final
designation of critical habitat for the Miami tiger beetle.
Summary of Exclusions
As discussed above, based on the information provided by entities
seeking exclusion, as well as any additional public comments we
received, we evaluated whether certain lands in the proposed critical
habitat were appropriate for exclusion from this final designation
pursuant to section 4(b)(2) of the Act. Table 4, below, shows the areas
we are excluding from critical habitat designation for the Miami tiger
beetle.
Table 4--Areas Excluded from Critical Habitat Designation by Critical Habitat Unit.
----------------------------------------------------------------------------------------------------------------
Areas meeting the
definition of Areas excluded
Unit Specific area critical habitat, from critical
in acres habitat, in acres
(hectares) (hectares)
----------------------------------------------------------------------------------------------------------------
Unit 14--Richmond Pine Rocklands.......... Coral Reef Commons HCP 109.3 (44.2) 109.3 (44.2)
onsite preserve and offsite
mitigation area.
----------------------------------------------------------------------------------------------------------------
Required Determinations
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget will
review all significant rules. OIRA has determined that this rule is not
significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.),
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA; 5 U.S.C. 801 et seq.), whenever an agency is required to
publish a notice of rulemaking for any proposed or final rule, it must
prepare and make available for public comment a regulatory flexibility
analysis that describes the effects of the rule on small entities
(i.e., small businesses, small organizations, and small government
jurisdictions). However, no regulatory flexibility analysis is required
if the head of the agency certifies the rule will not have a
significant economic impact on a substantial number of small entities.
The SBREFA amended the RFA to require Federal agencies to provide a
certification statement of the factual basis for certifying that the
rule will not have a significant economic impact on a substantial
number of small entities.
According to the Small Business Administration, small entities
include small organizations such as independent nonprofit
organizations; small governmental jurisdictions, including school
boards and city and town governments that serve fewer than 50,000
residents; and small businesses (13 CFR 121.201). Small businesses
include manufacturing and mining concerns with fewer than 500
employees, wholesale trade entities with fewer than 100 employees,
retail and service businesses with less than $5 million in annual
sales, general and heavy construction businesses with less than $27.5
million in annual business, special trade contractors doing less than
$11.5 million in annual business, and agricultural businesses with
annual sales less than $750,000. To determine if potential economic
impacts to these small entities are significant, we considered the
types of activities that might trigger regulatory impacts under this
designation as well as types of project modifications that may result.
In general, the term ``significant economic impact'' is meant to apply
to a typical small business firm's business operations.
Under the RFA, as amended, and as understood in light of recent
court decisions, Federal agencies are required to evaluate the
potential incremental impacts of rulemaking on those entities directly
regulated by the rulemaking itself; in other words, the RFA does not
require agencies to evaluate the potential impacts to indirectly
regulated entities. The regulatory mechanism through which critical
habitat protections are realized is section 7 of the Act, which
requires Federal agencies, in consultation with the Service, to ensure
that any action
[[Page 33219]]
authorized, funded, or carried out by the agency is not likely to
destroy or adversely modify critical habitat. Therefore, under section
7, only Federal action agencies are directly subject to the specific
regulatory requirement (avoiding destruction and adverse modification)
imposed by critical habitat designation. Consequently, it is our
position that only Federal action agencies would be directly regulated
if we adopt the critical habitat designation. There is no requirement
under the RFA to evaluate the potential impacts to entities not
directly regulated. Moreover, Federal agencies are not small entities.
Therefore, because no small entities will be directly regulated by this
rulemaking, the Service certifies that this final critical habitat
designation will not have a significant economic impact on a
substantial number of small entities.
In summary, we have considered whether this designation will result
in a significant economic impact on a substantial number of small
entities. For the above reasons and based on currently available
information, we certify that this critical habitat designation will not
have a significant economic impact on a substantial number of small
business entities. Therefore, a regulatory flexibility analysis is not
required.
Energy Supply, Distribution, or Use--Executive Order 13211
Executive Order 13211 (Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use) requires
agencies to prepare Statements of Energy Effects when undertaking
certain actions. In our economic analysis, we did not find that this
critical habitat designation will significantly affect energy supplies,
distribution, or use. We do not foresee any energy development
projects, supply distribution, or use that may affect the critical
habitat units for the Miami tiger beetle. Further, in our evaluation of
potential economic impacts, we did not find that this critical habitat
designation will significantly affect energy supplies, distribution, or
use. Therefore, this action is not a significant energy action, and no
Statement of Energy Effects is required.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.), we make the following finding:
(1) This rule will not produce a Federal mandate. In general, a
Federal mandate is a provision in legislation, statute, or regulation
that would impose an enforceable duty upon State, local, or Tribal
governments, or the private sector, and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal
intergovernmental mandate'' includes a regulation that ``would impose
an enforceable duty upon State, local, or Tribal governments'' with two
exceptions. It excludes ``a condition of Federal assistance.'' It also
excludes ``a duty arising from participation in a voluntary Federal
program,'' unless the regulation ``relates to a then-existing Federal
program under which $500,000,000 or more is provided annually to State,
local, and Tribal governments under entitlement authority,'' if the
provision would ``increase the stringency of conditions of assistance''
or ``place caps upon, or otherwise decrease, the Federal Government's
responsibility to provide funding,'' and the State, local, or Tribal
governments ``lack authority'' to adjust accordingly. At the time of
enactment, these entitlement programs were: Medicaid; Aid to Families
with Dependent Children work programs; Child Nutrition; Food Stamps;
Social Services Block Grants; Vocational Rehabilitation State Grants;
Foster Care, Adoption Assistance, and Independent Living; Family
Support Welfare Services; and Child Support Enforcement. ``Federal
private sector mandate'' includes a regulation that ``would impose an
enforceable duty upon the private sector, except (i) a condition of
Federal assistance or (ii) a duty arising from participation in a
voluntary Federal program.''
The designation of critical habitat does not impose a legally
binding duty on non-Federal Government entities or private parties.
Under the Act, the only regulatory effect is that Federal agencies must
ensure that their actions do not destroy or adversely modify critical
habitat under section 7. While non-Federal entities that receive
Federal funding, assistance, or permits, or that otherwise require
approval or authorization from a Federal agency for an action, may be
indirectly impacted by the designation of critical habitat, the legally
binding duty to avoid destruction or adverse modification of critical
habitat rests squarely on the Federal agency. Furthermore, to the
extent that non-Federal entities are indirectly impacted because they
receive Federal assistance or participate in a voluntary Federal aid
program, the Unfunded Mandates Reform Act would not apply, nor would
critical habitat shift the costs of the large entitlement programs
listed above onto State governments.
(2) We do not believe that this rule will significantly or uniquely
affect small governments because the government lands being designated
as critical habitat are owned by the Federal Government, including the
U.S. Coast Guard (DHS), USACE (DoD), NOAA, and FBP, or they are owned
by State or local governments such as the State of Florida and Miami-
Dade County. None of these government entities fit the definition of
``small governmental jurisdiction.'' Therefore, a Small Government
Agency Plan is not required.
Takings--Executive Order 12630
In accordance with E.O. 12630 (Government Actions and Interference
with Constitutionally Protected Private Property Rights), we have
analyzed the potential takings implications of designating critical
habitat for the Miami tiger beetle in a takings implications
assessment. The Act does not authorize the Service to regulate private
actions on private lands or confiscate private property as a result of
critical habitat designation. Designation of critical habitat does not
affect land ownership, or establish any closures, or restrictions on
use of or access to the designated areas. Furthermore, the designation
of critical habitat does not affect landowner actions that do not
require Federal funding or permits, nor does it preclude development of
habitat conservation programs or issuance of incidental take permits to
permit actions that do require Federal funding or permits to go
forward. However, Federal agencies are prohibited from carrying out,
funding, or authorizing actions that would destroy or adversely modify
critical habitat. A takings implications assessment has been completed
for this final designation of critical habitat for the Miami tiger
beetle, and it concludes that this designation of critical habitat does
not pose significant takings implications for lands within or affected
by the designation.
Federalism--Executive Order 13132
In accordance with E.O. 13132 (Federalism), this rule does not have
significant Federalism effects. A federalism summary impact statement
is not required. In keeping with Department of the Interior and
Department of Commerce policy, we requested information from, and
coordinated development of this critical habitat designation with,
appropriate State resource agencies. From a federalism perspective, the
designation
[[Page 33220]]
of critical habitat directly affects only the responsibilities of
Federal agencies. The Act imposes no other duties with respect to
critical habitat, either for States and local governments, or for
anyone else. As a result, this final rule does not have substantial
direct effects either on the States, or on the relationship between the
national government and the States, or on the distribution of powers
and responsibilities among the various levels of government. The
designation may have some benefit to these governments because the
areas that contain the features essential to the conservation of the
species are more clearly defined, and the physical or biological
features of the habitat necessary for the conservation of the species
are specifically identified. This information does not alter where and
what federally sponsored activities may occur. However, it may assist
State and local governments in long-range planning because they no
longer have to wait for case-by-case section 7 consultations to occur.
Where State and local governments require approval or authorization
from a Federal agency for actions that may affect critical habitat,
consultation under section 7(a)(2) of the Act will be required. While
non-Federal entities that receive Federal funding, assistance, or
permits, or that otherwise require approval or authorization from a
Federal agency for an action, may be indirectly impacted by the
designation of critical habitat, the legally binding duty to avoid
destruction or adverse modification of critical habitat rests squarely
on the Federal agency.
Civil Justice Reform--Executive Order 12988
In accordance with Executive Order 12988 (Civil Justice Reform),
the Office of the Solicitor has determined that the rule does not
unduly burden the judicial system and that it meets the requirements of
sections 3(a) and 3(b)(2) of the Order. We are designating critical
habitat in accordance with the provisions of the Act. To assist the
public in understanding the habitat needs of the species, this final
rule identifies the physical or biological features essential to the
conservation of the species. The designated areas of critical habitat
are presented on maps, and the rule provides several options for the
interested public to obtain more detailed location information, if
desired.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) is not
required. We may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid OMB control number.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
It is our position that, outside the jurisdiction of the U.S. Court
of Appeals for the Tenth Circuit, we do not need to prepare
environmental analyses pursuant to the National Environmental Policy
Act (NEPA; 42 U.S.C. 4321 et seq.) in connection with regulations
adopted pursuant to section 4(a) of the Act. We published a notice
outlining our reasons for this determination in the Federal Register on
October 25, 1983 (48 FR 49244). This position was upheld by the U.S.
Court of Appeals for the Ninth Circuit (Douglas County v. Babbitt, 48
F.3d 1495 (9th Cir. 1995), cert. denied 516 U.S. 1042 (1996)).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951), Executive Order 13175 (Consultation and
Coordination with Indian Tribal Governments), and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretary's Order 3206 of June 5, 1997 (American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities, and the Endangered Species Act),
we readily acknowledge our responsibilities to work directly with
Tribes in developing programs for healthy ecosystems, to acknowledge
that Tribal lands are not subject to the same controls as Federal
public lands, to remain sensitive to Indian culture, and to make
information available to Tribes.
We determined that there are no Tribal lands that were occupied by
the Miami tiger beetle at the time of listing that contain the features
essential for conservation of the species, and no Tribal lands
unoccupied by the Miami tiger beetle that are essential for the
conservation of the species. Therefore, we are not designating critical
habitat for the Miami tiger beetle on Tribal lands. As a result, there
are no Tribal lands affected by the designation of critical habitat for
this species.
References Cited
A complete list of references cited in this rulemaking is available
on the internet at https://www.regulations.gov.
Authors
The primary authors of this rule are the staff members of the
Florida Ecological Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Plants,
Reporting and recordkeeping requirements, Transportation, Wildlife.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as set forth below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245,
unless otherwise noted.
0
2. In Sec. 17.11, amend paragraph (h) by revising the entry for
``Beetle, Miami tiger'' in the List of Endangered and Threatened
Wildlife under INSECTS to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
[[Page 33221]]
----------------------------------------------------------------------------------------------------------------
Listing citations and
Common name Scientific name Where listed Status applicable rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Insects
* * * * * * *
Beetle, Miami tiger............. Cicindelidia Wherever found.... E 81 FR 68985, 10/5/2016;
floridana. 50 CFR 17.95(i).\CH\
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. In Sec. 17.95, amend paragraph (i) by adding an entry for ``Miami
Tiger Beetle (Cicindelidia floridana)'' after the entry for ``Helotes
Mold Beetle (Batrisodes venyivi)'' to read as follows:
Sec. 17.95 Critical habitat--fish and wildlife.
* * * * *
(i) Insects.
* * * * *
Miami tiger beetle (Cicindelidia floridana)
(1) Critical habitat units are depicted for Miami-Dade County,
Florida, on the maps in this entry.
(2) Within these areas, the physical or biological features
essential to the conservation of the Miami tiger beetle consist of the
following components:
(i) South Florida pine rockland habitat of at least 2.5 acres (1
hectare) in size that is maintained by natural or prescribed fire or
other disturbance regimes; and
(ii) Open sandy areas within or directly adjacent to the south
Florida pine rockland habitat described in paragraph (2)(i) of this
entry. These areas have little to no vegetation to allow for normal
behavior and growth, such as thermoregulation, foraging, egg-laying,
and larval development, and to facilitate habitat connectivity.
(3) Critical habitat does not include manmade structures (such as
buildings, aqueducts, runways, roads, other paved areas, and managed
lawns) and the land on which they are located existing within the legal
boundaries on June 22, 2023.
(4) Data layers defining map units were created using Esri ArcGIS
mapping software. The projection used was Albers Conical Equal Area
(Florida Geographic Data Library), North American Datum of 1983 (NAD
83) High Accuracy Reference Network (HARN). The maps in this entry, as
modified by any accompanying regulatory text, establish the boundaries
of the critical habitat designation. The coordinates or plot points or
both on which each map is based are available to the public at https://www.regulations.gov at Docket No. FWS-R4-ES-2021-0053, at https://www.fws.gov/office/florida-ecological-services/library, and at the
field office responsible for this designation. You may obtain field
office location information by contacting one of the Service regional
offices, the addresses of which are listed at 50 CFR 2.2.
BILLING CODE 4333-15-P
(5) Index map follows:
Figure 1 to Miami Tiger Beetle (Cicindelidia floridana) paragraph (5)
[[Page 33222]]
[GRAPHIC] [TIFF OMITTED] TR23MY23.000
(6) Unit 1: Trinity Pineland, Miami-Dade County, Florida.
(i) Unit 1 consists of approximately 10 acres (ac) (4 hectares
(ha)). The unit is located between SW 72nd Street to the north, SW 80th
Street to the south, South Dixie Highway to the east, and Palmetto
Expressway to the west.
(ii) Map of Unit 1 follows:
Figure 2 to Miami Tiger Beetle (Cicindelidia floridana) paragraph
(6)(ii)
[[Page 33223]]
[GRAPHIC] [TIFF OMITTED] TR23MY23.001
(7) Unit 2: Rockdale Pineland, Miami-Dade County, Florida.
(i) Unit 2 consists of approximately 39 ac (16 ha). The unit is
located directly west of South Dixie Highway, between SW 144th Street
to the north and SW 152nd Street to the south.
(ii) Map of Unit 2 follows:
Figure 3 to Miami Tiger Beetle (Cicindelidia floridana) paragraph
(7)(ii)
[[Page 33224]]
[GRAPHIC] [TIFF OMITTED] TR23MY23.002
(8) Unit 3: Deering Estate South Addition, Miami-Dade County,
Florida.
(i) Unit 3 consists of approximately 16 ac (6 ha). This unit is
located just east of Old Cutler Road and south of 168th Street.
(ii) Map of Unit 3 follows:
Figure 4 to Miami Tiger Beetle (Cicindelidia floridana) paragraph
(8)(ii)
[[Page 33225]]
[GRAPHIC] [TIFF OMITTED] TR23MY23.003
(9) Unit 4: Ned Glenn Nature Preserve, Miami-Dade County, Florida.
(i) Unit 4 consists of approximately 11 ac (5 ha). The unit is
located directly west of SW 87th Avenue, between 184th Street to the
north, Old Cutler Road to the south, and Franjo Road to the west.
(ii) Map of Unit 4 follows:
Figure 5 to Miami Tiger Beetle (Cicindelidia floridana) paragraph
(9)(ii)
[[Page 33226]]
[GRAPHIC] [TIFF OMITTED] TR23MY23.004
(10) Unit 5: Deering Estate at Cutler, Miami-Dade County, Florida.
(i) Unit 5 consists of approximately 89 ac (36 ha). The unit is
located southeast of SW 152nd Street and Old Cutler Road.
(ii) Map of Unit 5 follows:
Figure 6 to Miami Tiger Beetle (Cicindelidia floridana) paragraph
(10)(ii)
[[Page 33227]]
[GRAPHIC] [TIFF OMITTED] TR23MY23.005
(11) Unit 6: Silver Palm Groves Pineland, Miami-Dade County,
Florida.
(i) Unit 6 consists of approximately 25 ac (10 ha). This unit is
located just north of SW 232nd Street, between SW 216th Street to the
north, South Dixie Highway to the east, and SW 147th Avenue to the
west.
(ii) Map of Unit 6 follows:
Figure 7 to Miami Tiger Beetle (Cicindelidia floridana) paragraph
(11)(ii)
[[Page 33228]]
[GRAPHIC] [TIFF OMITTED] TR23MY23.006
(12) Unit 7: Quail Roost Pineland, Miami-Dade County, Florida.
(i) Unit 7 consists of approximately 48 ac (19 ha). This unit is
located between SW 200th Street to the north, SW 127th Avenue to the
east, SW 216th Street to the south, and SW 147th Avenue to the west.
(ii) Map of Unit 7 follows:
Figure 8 to Miami Tiger Beetle (Cicindelidia floridana) paragraph
(12)(ii)
[[Page 33229]]
[GRAPHIC] [TIFF OMITTED] TR23MY23.007
(13) Unit 8: Eachus Pineland, Miami-Dade County, Florida.
(i) Unit 8 consists of approximately 17 ac (7 ha). This unit is
located between SW 180th Street to the north, SW 137th Avenue to the
east, SW 184th Street to the south, and SW 142nd Avenue to the east.
(ii) Map of Unit 8 follows:
Figure 9 to Miami Tiger Beetle (Cicindelidia floridana) paragraph
(13)(ii)
[[Page 33230]]
[GRAPHIC] [TIFF OMITTED] TR23MY23.008
(14) Unit 9: Bill Sadowski Park, Miami-Dade County, Florida.
(i) Unit 9 consists of approximately 20 ac (8 ha). This unit is
located south of 168th Street, west of Old Cutler Road, north of SW
184th Street, and east of SW 87th Avenue.
(ii) Map of Unit 9 follows:
Figure 10 to Miami Tiger Beetle (Cicindelidia floridana) paragraph
(14)(ii)
[[Page 33231]]
[GRAPHIC] [TIFF OMITTED] TR23MY23.009
(15) Unit 10: Tamiami Pineland Complex Addition, Miami-Dade County,
Florida.
(i) Unit 10 consists of approximately 21 ac (8 ha). This unit is
located south of 128th Street, west of Florida's Turnpike, north of SW
136th Street, and east of SW 127th Avenue.
(ii) Map of Unit 10 follows:
Figure 11 to Miami Tiger Beetle (Cicindelidia floridana) paragraph
(15)(ii)
[[Page 33232]]
[GRAPHIC] [TIFF OMITTED] TR23MY23.010
(16) Unit 11: Pine Shore Pineland Preserve, Miami-Dade County,
Florida.
(i) Unit 11 consists of approximately 8 ac (3 ha). This unit is
located southwest of the Don Shula Expressway, west of SW 107th Avenue,
and north of SW 128th Street.
(ii) Map of Unit 11 follows:
Figure 12 to Miami Tiger Beetle (Cicindelidia floridana) paragraph
(16)(ii)
[[Page 33233]]
[GRAPHIC] [TIFF OMITTED] TR23MY23.011
(17) Unit 12: Nixon Smiley Pineland Preserve, Miami-Dade County,
Florida.
(i) Unit 12 consists of approximately 117 ac (47 ha). This unit is
located between SW 120th Street to the north, SW 127th Avenue to the
east, SW 128th Street to the south, and SW 137th Avenue to the west.
(ii) Map of Unit 12 follows:
Figure 13 to Miami Tiger Beetle (Cicindelidia floridana) paragraph
(17)(ii)
[[Page 33234]]
[GRAPHIC] [TIFF OMITTED] TR23MY23.012
(18) Unit 13: Boystown Pineland Preserve, Miami-Dade County,
Florida.
(i) Unit 13 consists of approximately 81 ac (33 ha). This unit is
between SW 104th Street to the north, SW 137th Avenue to the east, SW
12th Street to the south, and SW 147th Avenue to the west.
(ii) Map of Unit 13 follows:
Figure 14 to Miami Tiger Beetle (Cicindelidia floridana) paragraph
(18)(ii)
[[Page 33235]]
[GRAPHIC] [TIFF OMITTED] TR23MY23.013
(19) Unit 14: Richmond Pine Rocklands, Miami-Dade County, Florida.
(i) Unit 14 consists of approximately 1,347 ac (545 ha). This unit
is located between SW 152nd Street to the north, SW 117th Avenue to the
east, SW 185th Street to the south, and SW 137th Avenue to the west.
(ii) Map of Unit 14 follows:
Figure 15 to Miami Tiger Beetle (Cicindelidia floridana) paragraph
(19)(ii)
[[Page 33236]]
[GRAPHIC] [TIFF OMITTED] TR23MY23.014
(20) Unit 15: Calderon Pineland, Miami-Dade County, Florida.
(i) Unit 15 consists of approximately 14 ac (6 ha). This unit is
located between SW 184th Street to the south, SW 137th Avenue to the
east, SW 200th Street to the south, and SW 147th Avenue to the west.
(ii) Map of Unit 15 follows:
Figure 16 to Miami Tiger Beetle (Cicindelidia floridana) paragraph
(20)(ii)
[[Page 33237]]
[GRAPHIC] [TIFF OMITTED] TR23MY23.015
(21) Unit 16: Porter Pineland Preserve, Miami-Dade County, Florida.
(i) Unit 16 consists of approximately 7 ac (3 ha). This unit is
located to the south of SW 216th Street, to the west of South Dixie
Highway, to the north of SW 232nd Street, and to the east of SW 147th
Avenue.
(ii) Map of Unit 16 follows:
Figure 17 to Miami Tiger Beetle (Cicindelidia floridana) paragraph
(21)(ii)
[[Page 33238]]
[GRAPHIC] [TIFF OMITTED] TR23MY23.016
* * * * *
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-10077 Filed 5-22-23; 8:45 am]
BILLING CODE 4333-15-C