80_FR_58723 80 FR 58535 - Endangered and Threatened Wildlife and Plants; Endangered Species Status for Chamaecrista lineata var. keyensis (Big Pine Partridge Pea), Chamaesyce deltoidea ssp. serpyllum (Wedge Spurge), and Linum arenicola (Sand Flax), and Threatened Species Status for Argythamnia blodgettii (Blodgett's Silverbush)

80 FR 58535 - Endangered and Threatened Wildlife and Plants; Endangered Species Status for Chamaecrista lineata var. keyensis (Big Pine Partridge Pea), Chamaesyce deltoidea ssp. serpyllum (Wedge Spurge), and Linum arenicola (Sand Flax), and Threatened Species Status for Argythamnia blodgettii (Blodgett's Silverbush)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 188 (September 29, 2015)

Page Range58535-58567
FR Document2015-24291

We, the U.S. Fish and Wildlife Service (Service or USFWS), propose to list four plants from south Florida under the Endangered Species Act of 1973, as amended (Act): Chamaecrista lineata var. keyensis (Big Pine partridge pea), Chamaesyce deltoidea ssp. serpyllum (wedge spurge), and Linum arenicola (sand flax) as endangered species, and Argythamnia blodgettii (Blodgett's silverbush) as a threatened species. If we finalize this rule as proposed, it would extend the Act's protections to these plants.

Federal Register, Volume 80 Issue 188 (Tuesday, September 29, 2015)
[Federal Register Volume 80, Number 188 (Tuesday, September 29, 2015)]
[Proposed Rules]
[Pages 58535-58567]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24291]



[[Page 58535]]

Vol. 80

Tuesday,

No. 188

September 29, 2015

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; Endangered Species 
Status for Chamaecrista Lineata Var. Keyensis (Big Pine Partridge Pea), 
Chamaesyce Deltoidea Ssp. Serpyllum (Wedge Spurge), and Linum Arenicola 
(Sand Flax), and Threatened Species Status for Argythamnia Blodgettii 
(Blodgett's Silverbush); Proposed Rule

Federal Register / Vol. 80 , No. 188 / Tuesday, September 29, 2015 / 
Proposed Rules

[[Page 58536]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2015-0137]; [4500030113]
RIN 1018-AZ95


Endangered and Threatened Wildlife and Plants; Endangered Species 
Status for Chamaecrista lineata var. keyensis (Big Pine Partridge Pea), 
Chamaesyce deltoidea ssp. serpyllum (Wedge Spurge), and Linum arenicola 
(Sand Flax), and Threatened Species Status for Argythamnia blodgettii 
(Blodgett's Silverbush)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service or USFWS), 
propose to list four plants from south Florida under the Endangered 
Species Act of 1973, as amended (Act): Chamaecrista lineata var. 
keyensis (Big Pine partridge pea), Chamaesyce deltoidea ssp. serpyllum 
(wedge spurge), and Linum arenicola (sand flax) as endangered species, 
and Argythamnia blodgettii (Blodgett's silverbush) as a threatened 
species. If we finalize this rule as proposed, it would extend the 
Act's protections to these plants.

DATES: We will accept comments received or postmarked on or before 
November 30, 2015. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 
p.m. Eastern Time on the closing date. We must receive requests for 
public hearings, in writing, at the address shown in FOR FURTHER 
INFORMATION CONTACT by November 13, 2015.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R4-ES-2015-0137, 
which is the docket number for this rulemaking. Then, in the Search 
panel on the left side of the screen, under the Document Type heading, 
click on the Proposed Rules link to locate this document. You may 
submit a comment by clicking on ``Comment Now!''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R4-ES-2015-0137; U.S. Fish and Wildlife 
Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Comments, below, for more information).

FOR FURTHER INFORMATION CONTACT: Larry Williams, State Supervisor, U.S. 
Fish and Wildlife Service, South Florida Ecological Services Field 
Office, 1339 20th Street, Vero Beach, FL 32960; by telephone 772-562-
3909; or by facsimile 772-562-4288. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    Why we need to publish a rule. Under the Act, if we determine that 
a species is an endangered or threatened species throughout all or a 
significant portion of its range, we must publish a proposed rule to 
list the species in the Federal Register and make a determination on 
our proposal within 1 year. Listing a species as an endangered or 
threatened species can only be completed by issuing a rule.
    This rule proposes the listing of Chamaecrista lineata var. 
keyensis, Chamaesyce deltoidea ssp. serpyllum, and Linum arenicola as 
endangered species, and Argythamnia blodgettii as a threatened species. 
The four plants are candidate species for which we have on file 
sufficient information on biological vulnerability and threats to 
support preparation of a listing proposal, but for which development of 
a listing rule has until now been precluded by other higher priority 
listing activities. This rule reassesses all available information 
regarding status of and threats to the four plants.
    The basis for our action. Under the Act, we may determine that a 
species is an endangered or threatened species based on any of five 
factors: (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range; (B) overutilization for 
commercial, recreational, scientific, or educational purposes; (C) 
disease or predation; (D) the inadequacy of existing regulatory 
mechanisms; or (E) other natural or manmade factors affecting its 
continued existence. We have determined that the threats to 
Chamaecrista lineata var. keyensis, Chamaesyce deltoidea ssp. 
serpyllum, Linum arenicola, and Argythamnia blodgettii consist 
primarily of habitat loss and modification through urban and 
agricultural development, and lack of adequate fire management (Factor 
A); and the proliferation of nonnative invasive plants, stochastic 
events (hurricanes and storm surge), maintenance practices used on 
roadsides and disturbed sites, and sea level rise (Factor E). Existing 
regulatory mechanisms have not been adequate to reduce or remove these 
threats (Factor D).
    We will seek peer review. We will seek comments from independent 
specialists to ensure that our determinations are based on 
scientifically sound data, assumptions, and analyses. We will invite 
these peer reviewers to comment on this listing proposal.

Information Requested

Public Comments

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from other concerned governmental agencies, 
Native American tribes, the scientific community, industry, or any 
other interested parties concerning this proposed rule. We particularly 
seek comments concerning:
    (1) The four plants' biology, range, and population trends, 
including:
    (a) Biological or ecological requirements of these plants, 
including habitat requirements for establishment, growth, and 
reproduction;
    (b) Genetics and taxonomy;
    (c) Historical and current ranges, including distribution patterns;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the plants, their 
habitats, or both.
    (2) Factors that may affect the continued existence of these 
plants, which may include habitat modification or destruction, 
overutilization, disease, predation, the inadequacy of existing 
regulatory mechanisms, or other natural or manmade factors.
    (3) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to these plants and existing regulations 
that may be addressing those threats.
    (4) Current or planned activities in the areas occupied by these 
plants and possible impacts of these activities on these plants.
    (5) Additional information concerning the biological or ecological 
requirements

[[Page 58537]]

of these plants, including pollination and pollinators.
    (6) Scientific information or analysis informing whether these 
plants more closely meet the definition of endangered or of threatened 
under the Act.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Please note that submissions merely stating support for or 
opposition to the action under consideration without providing 
supporting information, although noted, will not be considered in 
making a determination, as section 4(b)(1)(A) of the Act (16 U.S.C. 
1531 et seq.) directs that determinations as to whether any species is 
an endangered or threatened species must be made ``solely on the basis 
of the best scientific and commercial data available.''
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section. We request 
that you send comments only by the methods described in the ADDRESSES 
section.
    If you submit information via http://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the Web site. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, South Florida Ecological Services Field Office (see 
FOR FURTHER INFORMATION CONTACT).

Public Hearing

    Section 4(b)(5) of the Act provides for one or more public hearings 
on this proposal, if requested. Requests must be received within 45 
days after the date of publication of this proposed rule in the Federal 
Register. Such requests must be sent to the address shown in the FOR 
FURTHER INFORMATION CONTACT section. We will schedule public hearings 
on this proposal, if any are requested, and announce the dates, times, 
and places of those hearings, as well as how to obtain reasonable 
accommodations, in the Federal Register and local newspapers at least 
15 days before the hearing.

Peer Review

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), we will seek the expert 
opinions of at least three appropriate and independent specialists 
regarding this proposed rule. The purpose of peer review is to ensure 
that our listing determinations are based on scientifically sound data, 
assumptions, and analyses. The peer reviewers have expertise in the 
biology, habitat, and conservation status of these plants, which will 
inform our determinations. We invite comment from the peer reviewers 
during the public comment period.

Previous Federal Actions

    On January 9, 1975, as directed by the Act, the Secretary for the 
Smithsonian Institution submitted a report to Congress on potential 
endangered and threatened plant species of the United States 
(Smithsonian 1975, entire). The report identified more than 3,000 plant 
species as potentially either endangered or threatened, including 
Argythamnia blodgettii, Chamaecrista lineata var. keyensis (under the 
former name Cassia keyensis), Chamaesyce deltoidea ssp. serpyllum 
(under the name Chamaesyce (Euphorbia) deltoidea ssp. serpyllum), and 
Linum arenicola (Smithsonian 1975, pp. 56, 58, 61, 81). On July 1, 
1975, we published in the Federal Register (40 FR 27824) our 
notification that we considered this report to be a petition to list 
the identified plants as either endangered or threatened under the Act. 
The 1975 notice solicited information from Federal and State agencies, 
and the public, on the status of the species.
    On December 15, 1980, we published in the Federal Register (45 FR 
82480) our notice of review of plant taxa for listing as endangered or 
threatened species. In that document, Argythamnia blodgettii, 
Chamaecrista lineata var. keyensis (under the former name Cassia 
keyensis), Chamaesyce deltoidea ssp. serpyllum (under the former name 
Euphorbia deltoidea ssp. serpyllum), and Linum arenicola were 
identified as Category 1 species (taxa for which we had enough 
biological information to support listing as either endangered or 
threatened). As a result, we considered all four plants to be 
candidates for addition to the Federal List of Endangered and 
Threatened Plants. The 1980 notice solicited information from Federal 
and State agencies, and the public, on the status of the four plant 
species.
    On November 28, 1983, we published a document in the Federal 
Register (48 FR 53640) assigning a listing priority number (LPN) to two 
of the four plant species in accordance with our Listing Priority 
Guidance (48 FR 43098; September 21, 1983). Argythamnia blodgettii and 
Linum arenicola were assigned an LPN of 2, which meant that information 
that the Service possessed indicated that proposing to list as 
endangered or threatened was possibly appropriate but we lacked 
substantial information on biological vulnerability and threat(s) to 
support a proposed listing.
    On September 27, 1985, we published a document in the Federal 
Register (50 FR 39526) assigning LPNs to all four of the plant species 
in accordance with our Listing Priority Guidance (48 FR 43098; 
September 21, 1983). Argythamnia blodgettii and Linum arenicola both 
retained an LPN of 2, which meant that information that the Service 
possessed indicated that proposing to list as endangered or threatened 
was possibly appropriate but we lacked substantial information on 
biological vulnerability and threat(s) to support a proposed listing. 
Chamaecrista lineata var. keyensis (under the former name Cassia 
keyensis) and Chamaesyce deltoidea ssp. serpyllum (under the former 
name Euphorbia deltoidea ssp. serpyllum) were both assigned an LPN of 
1, which meant the Service had on file substantial information on 
biological vulnerability and threat(s) to support the appropriateness 
of proposing to list as endangered or threatened. We recognized at that 
time that any proposed listing action may take ``some years'' because 
of the ``large number of taxa'' at issue.
    The 1990 candidate notice of review (CNOR) published in the Federal 
Register on February 21, 1990 (55 FR 6184). In that CNOR, Argythamnia 
blodgettii and Linum arenicola both retained an LPN of 2, and 
Chamaecrista lineata var. keyensis and Chamaesyce deltoidea ssp. 
serpyllum both retained an LPN of 1. Candidate species are assigned 
LPNs based on immediacy and magnitude of threats, as well as taxonomic 
status. The lower the LPN, the higher priority that species is for us 
to determine appropriate action using our available resources. We 
determined at that time that proposing to list was warranted, but was 
precluded due to workloads and priorities.
    All four plants remained on the candidate list in the 1993 CNOR (58 
FR 51144; September 30, 1993), with Argythamnia blodgettii and Linum 
arenicola both retaining an LPN of 2, and Chamaecrista lineata var. 
keyensis

[[Page 58538]]

and Chamaesyce deltoidea ssp. serpyllum being assigned an LPN of 3C 
(taxa that have proven to be more abundant or widespread than 
previously believed and/or those that are not subject to any 
identifiable threat).
    The 1999 CNOR (64 FR 57534; October 25, 1999) retained Chamaecrista 
lineata var. keyensis and Chamaesyce deltoidea ssp. serpyllum as 
candidates and assigned an LPN of 6 to both, retained Linum arenicola 
as a candidate and assigned an LPN of 2, and retained Argythamnia 
blodgettii as a candidate and assigned an LPN of 11.
    Chamaecrista lineata var. keyensis and Chamaesyce deltoidea ssp. 
serpyllum remained on the candidate list from 2001 to 2006, with the 
LPN of 6 (66 FR 54808, October 30, 2001; 67 FR 40657, June 13, 2002; 69 
FR 24876, May 4, 2004; 70 FR 24870, May 11, 2005; 71 FR 53756, 
September 12, 2006). In the December 6, 2007, CNOR (72 FR 69034), we 
changed the LPN of Chamaecrista lineata var. keyensis and Chamaesyce 
deltoidea ssp. serpyllum from a 6 to a 9 because the threats to the 
species were found to be of lower magnitude than previously known. 
Chamaecrista lineata var. keyensis and Chamaesyce deltoidea ssp. 
serpyllum remained on the candidate list as published in the CNORs from 
2008 to 2014 with the LPN of 9 (73 FR 75176, December 10, 2008; 74 FR 
57804, November 9, 2009; 75 FR 69222, November 10, 2010; 76 FR 66370, 
October 26, 2011; 77 FR 69994, November 21, 2012; 78 FR 70104, November 
22, 2013; 79 FR 72450, December 5, 2014).
    Linum arenicola remained on the candidate list from 2001 to 2009, 
with the LPN of 2 (66 FR 54808, October 30, 2001; 67 FR 40657, June 13, 
2002; 69 FR 24876, May 4, 2004; 70 FR 24870, May 11, 2005; 71 FR 53756, 
September 12, 2006; 72 FR 69034, December 6, 2007; 73 FR 75176, 
December 10, 2008; 74 FR 57804, November 9, 2009). In the November 10, 
2010, CNOR (75 FR 69222), we changed the LPN of L. arenicola from a 2 
to a 5 because of the threats to the species were found to be of lower 
magnitude than previously known and new data showing a larger 
population. L. arenicola remained on the candidate list as published in 
the CNORs from 2011 to 2014 with the LPN of 5 (76 FR 66370, October 26, 
2011; 77 FR 69994, November 21, 2012; 78 FR 70104, November 22, 2013; 
79 FR 72450, December 5, 2014).
    Argythamnia blodgettii remained on the candidate list from 2001 to 
2014, with the LPN of 11 (66 FR 54808, October 30, 2001; 67 FR 40657, 
June 13, 2002; 69 FR 24876, May 4, 2004; 70 FR 24870, May 11, 2005; 71 
FR 53756; September 12, 2006; 72 FR 69034, December 6, 2007; 73 FR 
75176, December 10, 2008; 74 FR 57804, November 9, 2009; 75 FR 69222, 
November 10, 2010; 76 FR 66370, October 26, 2011; 77 FR 69994, November 
21, 2012; 78 FR 70104, November 22, 2013; 79 FR 72450, December 5, 
2014).
    For all four of the plant species, the 2005 CNOR (70 FR 24870; May 
11, 2005) included a ``warranted but precluded'' finding in response to 
a May 11, 2004, petition to list the species.
    On May 10, 2011, as part of a settlement agreement with a 
plaintiff, the Service filed a proposed work plan with the U.S. 
District Court for the District of Columbia. The work plan would enable 
the agency to, over a period of 6 years, systematically review and 
address the needs of more than 250 species listed within the 2010 CNOR, 
including Chamaecrista lineata var. keyensis, Chamaesyce deltoidea ssp. 
serpyllum, Linum arenicola, and Argythamnia blodgettii, to determine if 
these species should be added to the Federal Lists of Endangered and 
Threatened Wildlife and Plants. This work plan would enable the Service 
to again prioritize its workload based on the needs of candidate 
species, while also providing State wildlife agencies, stakeholders, 
and other partners clarity and certainty about when listing 
determinations will be made. On July 12, 2011, the Service reached an 
agreement with another plaintiff group and further strengthened the 
work plan, which would allow the agency to focus its resources on the 
species most in need of protection under the Act. These agreements were 
approved by the court on September 9, 2011. The four species are 
proposed for listing pursuant to these agreements.

Background

    It is our intent to discuss below only those topics directly 
relevant to the listing of Chamaecrista lineata var. keyensis, 
Chamaesyce deltoidea ssp. serpyllum, and Linum arenicola as endangered, 
and Argythamnia blodgettii as threatened, in this proposed rule.
Chamaecrista lineata var. keyensis (Big Pine partridge pea)
Species Description
    Chamaecrista lineata var. keyensis is a small, prostrate to 
ascending, perennial, herbaceous shrub that is 10-80 centimeters (cm) 
(3.9-31.5 inches (in)) tall, with yellow flowers and pinnately compound 
leaves (each leaf consists of a main stem with multiple leaflets lined 
up along on each side). It has one to several branched stems arising 
from a contorted rootstock. New branches are covered in soft, fuzzy 
hairs. The leaves are 1.7-4.0 cm (0.7-1.6 in) long, with 5 to 9 pairs 
of leaflets. Flowers consist of five sepals 9-20 mm (0.4-0.8 in) long 
that are fused together near their bases; five yellow petals 11-15 mm 
(0.4-0.6 in) long, with one slightly larger than the others; 10 
reddish-purple stamens; and a single, elongate style. The fruit is an 
elongate pod, roughly similar to that of a pea, 33-45 mm (1.3-1.8 in) 
long and 4.5-5.0 mm (0.19-0.17 in) wide, with a soft fuzzy texture, 
which turns gray with age and eventually split open to release seeds 
(Irwin and Barneby 1982, p. 757; Small 1933, pp. 662-663).
Taxonomy
    John Loomis Blodgett was the first to collect Chamaecrista lineata 
var. keyensis, sometime between 1838 and 1852, on Big Pine Key (Bradley 
and Gann 1999, p. 17). Pollard (1894, p. 217) assigned the plants on 
Big Pine Key to the existing taxon Cassia grammica. John K. Small 
(1903, p. 587; 1913, p. 58) followed this usage, but used the genus 
Chamaecrista (considered a subgenus within Cassia or a genus unto 
itself variously by many authors). In 1917, Pennell (p. 344) recognized 
the Big Pine Key plant as a distinct endemic species, naming it 
Chamaecrista keyensis. This name was retained by Small (1933, p. 663) 
in his Manual of the Southeastern Flora. In an exhaustive study of 
Cassia and Chamaecrista, Irwin and Barneby (1982, p. 757) assigned 
plants in Florida and parts of the West Indies to the existing taxon 
Chamaecrista lineata, and assigned the Big Pine Key plants to var. 
keyensis, retaining them as endemic to the Florida Keys. Isely (1990, 
p. 33), Wunderlin (1998, p. 348), and Wunderlin and Hansen (2003, p. 
441) have followed this treatment. The online Atlas of Florida Vascular 
Plants (Wunderlin and Hansen 2014, p. 1) uses Chamaecrista lineata var. 
keyensis. The Integrated Taxonomic Information System (2015, p. 1) uses 
the name Chamaecrista lineata var. keyensis and indicates that this 
taxonomy is accepted. Based upon the best available scientific 
information, Chamaecrista lineata var. keyensis is a distinct taxon, 
endemic to the lower Keys in Monroe County, Florida. Synonyms are 
Cassia keyensis (Pennell) J.F. Macbr and Chamaecrista keyensis Pennell. 
Chamaecrista lineata var. keyensis is related to, and superficially 
resembles, Chamaecrista fasciculata, the partridge pea, a common 
species which occurs throughout Florida.

[[Page 58539]]

Climate
    The climate of south Florida where Chamaecrista lineata var. 
keyensis occurs is classified as tropical savanna and is characterized 
by distinct wet and dry seasons and a monthly mean temperature above 18 
degrees Celsius ([deg]C) (64.4 degrees Fahrenheit ([deg]F)) in every 
month of the year (Gabler et al. 1994, p. 211). Freezes can occur in 
the winter months, but are rare at this latitude in south Florida. 
Rainfall in the lower Keys, where C. lineata var. keyensis occurs 
exclusively, varies from an annual average of 89-102 cm (35-40 in). 
Approximately 75 percent of yearly rainfall occurs during the wet 
season from June through September (Snyder et al. 1990, p. 238).
Habitat
    Chamaecrista lineata var. keyensis occurs in pine rocklands of the 
lower Florida Keys, and adjacent disturbed sites, including roadsides.
    Pine Rocklands: Pine rocklands are a unique and highly imperiled 
ecosystem found on limestone substrates in south Florida and a few 
islands in the Bahamas. In Florida, pine rocklands are located on the 
Miami Rock Ridge in present day Miami and in Everglades National Park, 
in the Florida Keys, and in the Big Cypress Swamp. While all four 
plants in this proposed rule occur primarily in pine rocklands, they 
have not been recorded in the Big Cypress Swamp area. Pine rocklands 
differ to some degree between and within these areas with regard to 
substrate (e.g., amount of exposed limestone, type of soil), elevation, 
hydrology, and species composition (both plant and animal).
    Pine rocklands occur in a mosaic with primarily two other natural 
community types--rockland hammock and marl prairie. Pine rocklands 
grade into rockland hammock; pine rocklands have an open pine canopy, 
and rockland hammock has a closed, hardwood canopy. Marl prairies 
differ from pine rocklands in having no pines, an understory dominated 
by grasses and sedges, and a minimal cover of shrubs (FNAI 2010, p. 
63).
    The total remaining acreage of pine rocklands in Miami-Dade and 
Monroe Counties is now 8,981 hectares (ha) (22,079 acres (ac)) 
(approximately 8,140 ha (20,100 ac)) in Miami-Dade County, and 801 ha 
(1,979 ac) in the Florida Keys (Monroe County).
    Pine rocklands are characterized by an open canopy of Pinus 
elliottii var. densa (South Florida slash pine) with a patchy 
understory of tropical and temperate shrubs and palms and a rich 
herbaceous layer of mostly perennial species, including numerous 
species endemic to South Florida. Outcrops of weathered oolitic (small, 
rounded particles or grains) limestone are common, and solution holes 
may be present. This subtropical, pyrogenic flatland can be mesic or 
xeric depending on landscape position and associated natural 
communities (FNAI 2010a, p. 1).
    Pine rocklands occur on relatively flat, moderately to well-drained 
terrain from 2-7 meters (m) (6.5 to 23 feet (ft)) above sea level (FNAI 
2010a, p. 2). The oolitic limestone is at or very near the surface, and 
there is very little soil development. Soils are generally composed of 
small accumulations of nutrient-poor sand, marl, clayey loam, and 
organic debris in depressions and crevices in the rock surface. Organic 
acids occasionally dissolve the surface limestone causing collapsed 
depressions in the surface rock called solution holes (FNAI 2010a, p. 
1). Drainage varies according to the porosity of the limestone 
substrate, but is generally rapid. Consequently, most sites are wet for 
only short periods following heavy rains. During the rainy season, 
however, some sites may be shallowly inundated by slow-flowing surface 
water for up to 60 days each year (FNAI 2010a, p. 1).
    Pine rocklands have an open canopy of South Florida slash pine, 
generally with multiple age classes. The diverse, open shrub and 
subcanopy layer is composed of more than 100 species of palms and 
hardwoods (FNAI 2010a, p. 1), most derived from the tropical flora of 
the West Indies (FNAI 2010a, p. 1). Many of these species vary in 
height depending on fire frequency, getting taller with time since 
fire. These may include Serenoa repens (saw palmetto), Sabal palmetto 
(cabbage palm), Coccothrinax argentata (silver palm), Thrinax morrisii 
(Key thatch palm), Myrica cerifera (wax myrtle), Rapanea punctata 
(myrsine), Metopium toxiferum (poisonwood), Byrsonima lucida 
(locustberry), Dodonaea viscosa (varnishleaf), Tetrazygia bicolor 
(tetrazygia), Guettarda scabra (rough velvetseed), Ardisia 
escallonioides (marlberry), Psidium longipes (longstalked stopper), 
Sideroxylon salicifolium (willow bustic), and Rhus copallinum (winged 
sumac). Short-statured shrubs may include Quercus elliottii (running 
oak), Randia aculeata (white indigoberry), Crossopetalum ilicifolium 
(Christmas berry), Morinda royoc (redgal), and Chiococca alba 
(snowberry).
    Grasses, forbs, and ferns make up a diverse herbaceous layer 
ranging from mostly continuous in areas with more soil development and 
little exposed rock to sparse where more extensive outcroppings of rock 
occur. Typical herbaceous species may include Andropogon spp.; 
Schizachyrium gracile, S. rhizomatum, and S. sanguineum (bluestem 
grasses); Aristida purpurascens (arrowleaf threeawn); Sorghastrum 
secundum (lopsided indiangrass); Muhlenbergia capillaris (hairawn 
muhly); Rhynchospora floridensis (Florida white-top sedge); Tragia 
saxicola (pineland noseburn); Echites umbellata (devil's potato); 
Croton linearis (pineland croton); several species of Chamaesyce spp. 
(sandmats); Chamaecrista fasciculata (partridge pea); Zamia pumila 
(coontie); Anemia adiantifolia (maidenhair pineland fern); Pteris 
bahamensis (Bahama brake); and Pteridium aquilinum var. caudatum (lacy 
bracken) (FNAI 2010a, p. 1).
    There are noticeable differences in species composition between the 
pine rocklands found in the Florida Keys and the mainland. The shrub 
layer in pine rocklands occurring in the northern end of the Miami Rock 
Ridge more closely resembles pine flatwoods as a result of the amount 
of sandy soils in this area, with species such as Lyonia fruticosa 
(staggerbush), Quercus minima (dwarf live oak), Quercus pumila (running 
oak), and Vaccinium myrsinites (shiny blueberry) becoming more common 
(Snyder et al. 1990, p. 255). Pine rocklands in the lower Florida Keys 
have a subcanopy composed of several palms such as Thrinax morrisii, 
Thrinax radiata (Florida thatch palm), and Coccothrinax argentata, and 
hardwoods such as Byrsonima lucida and Psidium longipes (Bradley 2006, 
p. 3). The diversity of the herbaceous layer decreases as the density 
of the shrub layer increases (i.e., as understory openness decreases), 
and pine rocklands on the mainland have a more diverse herbaceous layer 
due to the presence of temperate species and some tropical species that 
do not occur in the Florida Keys (FNAI 2010, p. 63).
    Pine rocklands are maintained by regular fire, and are susceptible 
to other natural disturbances such as hurricanes, frost events, and sea 
level rise (SLR) (Ross et al. 1994). Fires historically burned on an 
interval of approximately every 3 to 7 years, and were typically 
started by lightning strikes during the frequent summer thunderstorms 
(FNAI 2010a, p. 3). Mature South Florida slash pine is highly fire-
resistant (Snyder et al. 1990, p. 259). Above-ground portions of 
hardwood shrubs are typically killed by fire, but often resprout below 
ground; palms typically produce new growth post-fire from their 
unaffected apical buds. The amount of woody understory growth is 
directly related to the length

[[Page 58540]]

of time since the last fire. Herbaceous diversity declines with time 
since last fire. The ecotone between pine rocklands and rockland 
hammock is abrupt when regular fire is present in the system. However, 
when fire is removed, the ecotone becomes more gradual and subtle as 
hardwoods encroach into the pineland (FNAI 2010a, p. 3). If fire is 
excluded for 20 to 30 years, hardwoods will come to dominate the 
community and hammock conditions will prevail, which further discourage 
fires from spreading except in drought conditions. Presently, 
prescribed fire must be periodically introduced into pine rocklands to 
sustain community structure, prevent invasion by woody species, 
maintain high herbaceous diversity (Loope and Dunevitz 1981, pp. 5-6; 
FNAI 2010a, p. 3), and prevent succession to rockland hammock.
    Pine rocklands are also susceptible to natural disturbances such as 
hurricanes and other severe storms, during which trees may be killed, 
thereby helping to maintain the open canopy that is essential to pine 
rocklands plants. During such events, pine rocklands near the coast may 
be temporarily inundated by saltwater, which can also kill or damage 
vegetation (Snyder et al. 1990, p. 251). These sporadic but potentially 
major disturbances, along with burning, create the dynamic nature of 
the pine rocklands habitat. Some currently unsuitable areas may become 
open in the future, while areas currently open may develop more dense 
canopy over time, eventually rendering that portion of the pine 
rocklands unsuitable for pine rocklands endemic plants.
    Within pine rocklands habitat, Chamaecrista lineata var. keyensis 
is associated with areas that have few hardwoods and overstory palms 
are abundant (Bradley and Gann 1999, p 17-18). C. lineata var. keyensis 
plants are often in a clumped distribution surrounded by large areas of 
bare, open rock that do not support plant growth (Bradley 2006, p. 3). 
C. lineata var. keyensis is widespread in pine rocklands of Big Pine 
Key, but more frequent in the northern part of the island (Bradley 
2006, p. 13). It is also more frequent in the interior of pine 
rocklands than on coastal edges (Bradley 2006, p. 13; Bradley and Saha 
2009, p. 9). C. lineata var. keyensis is more abundant in areas with 
relatively higher elevation (Bradley and Saha 2009, p. 26), low shrub 
density, and a diverse herb layer (Bradley 2006, p. 37).
    Roadsides: Roadsides are a potentially important habitat for 
Chamaecrista lineata var. keyensis (Bradley 2006, p. 21). Where pine 
rocklands endemics such as C. lineata var. keyensis are found on road 
shoulders, the ground cover is dominated mostly by native herbs and 
grasses, and exotic lawn grasses have not been planted. Maintaining the 
roadsides in this condition through regular mowing, without planting 
sod, should continue to provide suitable habitat for C. lineata var. 
keyensis (Bradley 2006, p. 37).
Historical Range
    Chamaecrista lineata var. keyensis is endemic to the lower Florida 
Keys in Monroe County, Florida. Historical records exist for 
occurrences on five islands: Big Pine Key, No Name Key, Ramrod Key, 
Cudjoe Key, and Sugarloaf Key (Hodges and Bradley 2006, pp. 20-21).
Current Range, Population Estimates, and Status
    The current range of Chamaecrista lineata var. keyensis is Big Pine 
Key and Cudjoe Key. In 2007, Bradley and Saha (2009, pp. 9-11) surveyed 
Big Pine Key, Cudjoe Key, Little Pine Key, No Name Key, and Sugarloaf 
Key (the five islands in the Florida Keys containing pine rocklands) 
and observed C. lineata var. keyensis only on Big Pine Key and Cudjoe 
Key. It has not been reported from other islands for some time (Ramrod 
Key in 1911, No Name Key in 1916 (Hodges and Bradley 2006, p. 45), and 
Lower Sugarloaf Key in 2005 (Hodges and Bradley 2006, p. 21)). 
Accordingly, C. lineata var. keyensis is considered extirpated from 
Ramrod Key, No Name Key, and Lower Sugarloaf Key--3 of 5 (60 percent) 
of the islands where it was historically recorded (Bradley and Gann 
1999, p. 18; Hodges and Bradley 2006, p. 21). Big Pine Key, Cudjoe Key, 
Little Pine Key, No Name Key, and Sugarloaf Key presently contain pine 
rocklands habitat. No pine rocklands currently exist on Ramrod Key.
    Population data for Chamaecrista lineata var. keyensis have been 
collected periodically on Big Pine Key since 1955. Because of the size 
of Big Pine Key, sample study plots were used, as opposed to a complete 
search of all potential habitat. Multiple indicators show that the 
population on Big Pine Key has declined over the past 60 years (Bradley 
2006, p. 35). Dickson (1955) and Alexander and Dickson (1972) reported 
densities of C. lineata var. keyensis from plots they established on 
Big Pine Key in 1951 and 1969, respectively. Dickson (1955) reports a 
mean density of 10,764 plants/ha (26,599 plants/ac). Alexander and 
Dickson (1972) report a mean density of 27,871 plants/ha (68,872 
plants/ac). In 2005, Bradley (2006, p. 35) recorded 2,339 plants/ha 
(5,780 plants/ac), 23.4 percent and 9.0 percent of the 1955 and 1972 
estimates, respectively. Hurricane Wilma, which passed over Big Pine 
Key on October 24, 2005, generated storm surge in the lower Keys of up 
to 10 feet (Bradley 2006, p. 11; Hodges 2010, p. 4). In 2007, density 
had dropped to 820 plant/ha (2,026 plants/ac) and had not fully 
rebounded after 9 years (Bradley et al. 2015, pp. 21-22). By 2013, 
density had fallen to 657 plants/ha (1,624 plants/ac) (Bradley et al. 
2015, p. 21). In summary, the data from 2005 to 2013 demonstrate a 63.8 
percent decline in the density of C. lineata var. keyensis on Big Pine 
Key (Bradley et al. 2015, p. 48).
    A second indicator, the frequency which Chamaecrista lineata var. 
keyensis occurred in sample plots on Big Pine Key from data collected 
in 2005, 2007, and 2013, also show a decline. Chamaecrista lineata var. 
keyensis was present in 37 percent of plots in 2005, and 19 percent of 
plots in 2013, respectively. This represents a 49 percent reduction in 
the species frequency in study plots (Bradley et al. 2015, p. 48).
    A third indicator, total population size for Chamaecrista lineata 
var. keyensis on publicly owned pine rocklands on Big Pine Key (478 ha 
(1,181 ac)), was estimated to be 866,659 plants in 2005 (pre-Hurricane 
Wilma), 391,944 in 2007 (2 years post-Wilma), and 313,914 in 2013 (8 
years post-Wilma). This represents a population decrease of 64 percent 
(Bradley et al. 2015, p. 21).
    The most recent estimate (2013) of the Chamaecrista lineata var. 
keyensis population on Big Pine Key is 313,914 plants (Bradley et al. 
2015, p. 21). Since 82 percent of the pine rocklands on Big Pine Key 
are publicly owned, this estimate likely accounts for the majority of 
the population. The most recent estimate of the population on Cudjoe 
Key is 150 plants (Hodges and Bradley 2006, p. 21).
    The decline in Chamaecrista lineata var. keyensis can be largely 
attributed to loss of pine rocklands habitat to development and 
modification of this habitat due to inadequate fire management. Folk 
(1991, p. 188) estimated that pine rocklands historically covered 1,049 
ha (2,592 ac), about 44 percent of Big Pine Key. Pine rocklands now 
cover approximately 582 ha (1,438 ac) of Big Pine Key, 56 percent of 
the historical estimate by Folk (1991) (Bradley 2006, p. 4). Hurricanes 
and associated storm surge have also impacted population levels. These 
factors are discussed in detail below,

[[Page 58541]]

under Summary of Biological Status and Threats.

    Table 1--Summary of the Status and Trends of the Known Occurrences of Chamaecrista lineata var. keyensis
----------------------------------------------------------------------------------------------------------------
                                                       Most recent
           Population                Ownership          population           Status                Trend
                                                         estimate
----------------------------------------------------------------------------------------------------------------
Big Pine Key...................  USFWS,\1\ FWC \2\  313, 914 (2014)    Extant \4\.......  Declining.\4\
                                  Monroe County,     \4\.
                                  private.
Cudjoe Key.....................  USFWS,\1\ FWC \2\  150 (2005) \3\...  Extant \3\.......  Insufficient data.
Lower Sugar Loaf Key...........  USFWS,\1\ FWC      3 (2005) \3\.....  Extirpated \3\...
                                  \2\, Monroe
                                  County.
No Name Key....................  unknown..........  no data (1916)     Extirpated \3\...
                                                     \3\.
Ramrod Key.....................  unknown..........  no data (1911)     Extirpated \3\...
                                                     \3\.
----------------------------------------------------------------------------------------------------------------
\1\ U.S. Fish and Wildlife Service.
\2\ Florida Fish and Wildlife Conservation Commission.
\3\ Hodges and Bradley 2006, p. 45.
\4\ Bradley et al. 2015, p. 21.

Biology
    The reproductive biology and relationship to fire of Chamaecrista 
lineata var. keyensis has received a considerable amount of study. 
Significant findings are summarized below.
    Life History and Reproduction: Chamaecrista lineata var. keyensis 
is a perennial, but some stems will die back every year, and a small 
proportion of plants may go dormant for a year or more. Peak flowering 
and fruiting occurs in the summer from May to August, corresponding 
with increased rainfall during these months in the Florida Keys. Mature 
seedpods may contain 1 to 10 seeds. Seedlings may appear throughout the 
year, with a peak in the fall during September to October, immediately 
following seed dispersal. Seeds may persist in the soil seed bank for 
up to 3 years (Liu and Menges 2005, p. 1484).
    Chamaecrista lineata var. keyensis flowers require insect 
visitation for pollination. The anthers (pollen-bearing structures) 
have small pores from which pollen escapes when a visiting insect's 
wings vibrate the structure, a phenomenon known as buzz-pollination. 
Though many types of insects visit C. lineata var. keyensis flowers, 
effective pollination can be performed only by buzz-pollinating bees. 
Of the numerous bee species that visit the flowers, only Xylocopa 
micans and Melissodes spp. bees have been observed performing effective 
buzz-pollination (Liu and Koptur 2003, pp. 1184-1186).
    Chamaecrista lineata var. keyensis flowers are self-compatible (an 
individual can be fertilized with its own pollen), and seeds are 
generated both by self- and cross-pollination. However, seed set is 
higher when cross-pollination occurs. Seed germination rates are higher 
from cross-pollinated flowers, suggesting that inbreeding depression 
occurs in seeds produced through self-pollination (Liu and Koptur 2003, 
pp. 1184-1186). Taken together, these findings confirm that insect 
pollination is crucial to the plant's reproduction and progeny fitness.
    Fire Ecology and Demography: Chamaecrista lineata var. keyensis 
grows in the understory of pine rocklands, a fire-dependent ecosystem. 
The seeds have a hard seed coat that may help them survive fire (Liu et 
al. 2005a, p. 216). Fire has important effects on survival and 
regeneration of C. lineata var. keyensis. Fire may immediately kill 
some of the plants, but populations rebound during the first and second 
years after fire. Three years post-fire, survival in burned areas can 
equal that of unburned areas, suggesting that C. lineata var. keyensis 
can recover completely after fire. Fire stimulates stem growth, 
fruiting, and seedling establishment. Fire seasonality may produce 
different responses in C. lineata var. keyensis. Overall, winter and 
early summer fires produce more favorable results compared with late 
summer fires (Liu and Menges 2005, p. 1848).
    Demographic modeling by (Liu et al. 2005a, p. 210) found that fire 
return intervals of 5 to 7 years generated the lowest extinction and 
population decline probabilities for Chamaecrista lineata var. 
keyensis, regardless of burn season. Bradley and Saha (2009, p. 20) 
found that both fire frequency and time since the last fire had 
significant effects on the density of C. lineata var. keyensis in study 
plots. The highest densities were found in plots that were burned three 
or more times over a 45-year period from 1960 to 2005, and in plots 
that had burned recently, while lower densities were associated with 
plots that had not been burned in 45 years.
    Liu et al. (2005b, p. 71) found that differences in fire intensity 
(as measured by maximum ground temperature) did not have a significant 
long-term effect on survival, growth, or seedling recruitment. However, 
the number of fruits produced and percentage of fruiting plants 
increased as fire intensity increased. This suggests that low-intensity 
fires associated with shorter fire return intervals (less than 3 years) 
may not provide the most favorable conditions for post-fire recovery.
    Taken together, these results indicate that Chamaecrista lineata 
var. keyensis can tolerate and may benefit from periodic fire. As 
discussed above under ``Habitat,'' fire is a crucial element in 
maintaining the pine rocklands habitat. Periodic fires eliminate the 
shrub subcanopy, remove litter from the ground, recycle nutrients, and 
are necessary to prevent succession to a hardwood-dominated ecosystem 
(rockland hammock) that is unsuitable for C. lineata var. keyensis 
(Bradley and Gann 1999, pp. 17-18).
Chamaesyce deltoidea ssp. serpyllum (wedge spurge)
Species Description
    Chamaesyce deltoidea ssp. serpyllum is a small, prostrate, 
perennial herb. The stems are slender and numerous, radiating out from 
the taproot. The leaves are 2 to 5 mm (0.08 to 0.19 in) long, more or 
less triangular, and covered with fine short fuzz, giving the plant a 
silvery appearance. The flowers are cyathia, the specialized 
inflorescences characteristic of the genus Euphorbia and its close 
relatives. The fruit is a capsule about 1.5 mm (0.06 in) wide (Small 
1933, p. 795; Herndon 1993, p. 50).

[[Page 58542]]

Taxonomy
    John K. Small collected plants on Big Pine Key and first described 
Chamaesyce deltoidea ssp. serpyllum as C. serpyllum (Small 1913, p. 
81). Burch (1966, p.99) included C. serpyllum as a subspecies of C. 
deltoidea, assigning the currently accepted name C. deltoidea ssp. 
serpyllum. The online Atlas of Florida Vascular Plants uses the name C. 
deltoidea ssp. serpyllum (Wunderlin and Hansen 2008, p. 1), and the 
Integrated Taxonomic Information System (ITIS 2015, p. 1) indicates 
that its taxonomic status is accepted. We have carefully reviewed all 
taxonomic data to determine that Chamaesyce deltoidea (Engelm. ex 
Chapm.) Small ssp. serpyllum (Small) D.G. Burch is a valid taxon. 
Synonyms include Chamaesyce serpyllum Small; Euphorbia deltoidea 
Engelmann ex Chapman ssp. serpyllum (Small) Y. Yang; and Chamaesyce 
serpyllum Small, Euphorbia deltoidea Engelmann ex Chapman var. 
serpyllum (Small) Oudejans (Wunderlin and Hansen 2008, p. 3).
Climate
    The climate of south Florida where Chamaesyce deltoidea ssp. 
serpyllum occurs is classified as tropical savanna, as described above 
for Chamaecrista lineata var. keyensis.
Habitat
    Chamaesyce deltoidea ssp. serpyllum occurs in pine rocklands and 
adjacent disturbed sites on Big Pine Key, including roadsides. It most 
often grows directly from crevices in the oolitic limestone substrate 
(Bradley and Gann 1999, p. 31). Pine rocklands are described in detail 
for Chamaecrista lineata var. keyensis, above. Within pine rocklands, 
Chamaesyce deltoidea ssp. serpyllum is associated with areas of 
relatively higher elevation, extensive exposed rock substrate, where 
the understory is open, hardwood and palm density is low, and native 
herbaceous species cover and richness are high (Bradley and Saha 2009, 
p. 26; Ross and Ruiz 1996, p. 6; Bradley 2006, p. 27). Roadsides 
dominated mostly by native herbs and grasses where exotic lawn grasses 
are not established are a potentially important habitat for C. 
deltoidea ssp. serpyllum (Bradley 2006, p. 37).
Historical Range
    Chamaesyce deltoidea ssp. serpyllum is historically known from only 
Big Pine Key in the Florida Keys in Monroe County, Florida.
Current Range, Population Estimates, and Status
    The current range of Chamaesyce deltoidea ssp. serpyllum is on Big 
Pine Key. Small groups of plants are scattered widely across the island 
(Herndon 1993, in Bradley and Gann 1999, p. 31).
    Population data for Chamaesyce deltoidea ssp. serpyllum have been 
collected on Big Pine Key periodically since 1996. Indicators show that 
the population on Big Pine Key has declined over the past 19 years. 
Using study plots across Big Pine Key, Ross and Ruiz (1996, p. 6) found 
C. deltoidea ssp. serpyllum was present in 22 percent of study plots in 
1996. When sampled again by Bradley (2006, p. 11; Bradley et al. 2015, 
p. 21) in 2005, 2007, and 2013, the species was present in 7.4, 5.5, 
and 3.7 percent of study plots, respectively. This represents an 83 
percent reduction of the species' frequency in study plots from 1996 to 
2013, and a 50 percent reduction from 2005 to 2013. The decrease in 
frequency is attributed in large part to the total disappearance of the 
species from study plots in the southern portion of Big Pine Key after 
Hurricane Wilma in 2005 (Bradley et al. 2013, p. 24).
    Total population size for Chamaesyce deltoidea ssp. serpyllum on 
publicly owned pine rocklands on Big Pine Key (478 ha (1,181 acres)) 
was estimated to be 352,993 plants in 2005 (pre-Hurricane Wilma), 
343,255 in 2007 (post-Wilma), and 368,557 in 2013. This represents a 
slight (4.4 percent) increase in the known population size of from 2005 
to 2013 (Bradley et al. 2013, p. 21). The slight increase in 2013 is 
due to the Blue Hole Fire in 2011. Prior to this fire, the species had 
not been detected in plots in the Blue Hole area of Big Pine Key, but 
was found in one plot after the 2011 fire. This single plot contained 
134 plants, 17.3 percent of the plants recorded across all 646 plots in 
2013. If this single plot is taken out of the analysis, density per 
plot would be 1.3, 10.3 percent lower than that recorded in 2005, and 
18.6 percent lower than 2007 (Bradley et al. 2015, pp. 24-25; Bradley 
and Saha 2009, p. 12). Since 82 percent of the pine rocklands on Big 
Pine Key are publicly owned, this estimate likely accounts for the 
majority of the population. Taken together, the data suggest that the 
population declined significantly due to Hurricane Wilma but rebounded 
by 2013. However, the frequency of the plant in study plots has 
decreased from 1996 to 2013, suggesting that fewer areas now support 
the species. While there have been significant changes between sampling 
events, the 9-year pattern of total population size is stable (Bradley 
et al. 2015, pp. 21, 24, 49). At the same time, there has been a 
reduction in the species' range on Big Pine Key and frequency of the 
plant in study plots (Bradley et al. 2015, pp. 25, 49), suggesting that 
while there has been a small increase in the total number of plants, 
the area occupied by the plant is shrinking.
    Table 2 summarizes the status and trends of the known occurrences 
of Chamaesyce deltoidea ssp. serpyllum.

    Table 2--Summary of the Status and Trends of the Known Occurrences of Chamaesyce deltoidea ssp. serpyllum
----------------------------------------------------------------------------------------------------------------
                                                       Most recent
           Population                Ownership          population           Status                Trend
                                                         estimate
----------------------------------------------------------------------------------------------------------------
Big Pine Key...................  USFWS, FWC,        368,557 \1\......  Extant \1\.......  Declining.\1\
                                  private.
----------------------------------------------------------------------------------------------------------------
\1\ Bradley et al. 2015, pp. 24-25.

Biology
    Life History and Reproduction: Reproduction is sexual, and the 
plant produces seeds. No studies of reproductive biology or ecology 
have been conducted for Chamaesyce deltoidea ssp. serpyllum. Other 
species of Chamaesyce are completely reliant on insects for pollination 
and seed production, while others are capable of self-pollination. 
Pollinators may include bees, flies, ants, and wasps (Ehrenfeld 1976, 
pp. 406, 95-97).
    Fire Ecology and Demography: The assemblage of endemic plants of 
the pine rocklands, which includes Chamaesyce deltoidea ssp. serpyllum, 
tends to be shade-intolerant and benefits from periodic burning to 
reduce competition from woody vegetation

[[Page 58543]]

(e.g., shading, leaf litter accumulation) (Carlson et al. 1993, p. 922; 
Liu et al. 2005a, p. 210, Liu et al. 2005b, p. 71). C. deltoidea ssp. 
serpyllum is found more frequently in recently burned areas (Slapcinsky 
et al. 2010, p. 11). Populations of C. deltoidea ssp. serpyllum may 
decline without periodic fires, and fire has been shown to stimulate 
significant population growth (Slapcinsky and Gordon 2007, p. 5).
Linum arenicola (sand flax)
Species Description
    Linum arenicola is a small, perennial herb that is 35 to 53 cm (14 
to 21 in) tall with yellow flowers that are similar in appearance those 
of a buttercup (Ranunculus spp.). When not in flower, it resembles a 
short, wiry grass. Plants have one to several stems arising from their 
base. Leaves are linear in shape, 7-10 millimeters (mm) (0.3-0.4 in) 
long, 0.6-1 mm (0.02-0.04 in) wide, and arranged alternately along 
stems, and they have glands scattered along their edges. Flowers are 
produced on stems consisting of a few slender, spreading branches. The 
individual flowers are on small stalks 2 mm (0.08 in) long or shorter. 
The flowers have five yellow, egg-shaped petals that are 4.5-5.5 mm 
(0.18-0.22 in) long, and five green, lance-shaped to egg-shaped sepals 
that are 2.4-3.2 mm (0.09-0.13 in) long. The fruit is a woody capsule, 
2.1-2.5 mm (0.08-0.1 in) long, 2-2.3 mm (0.08-0.09 in) diameter, which 
dries and splits into 10 segments. The seeds are ovate, 1.2-1.4 mm 
(0.05-0.06 in) long, and 0.7- 0.8 mm (0.027-0.031 in) wide (Rogers 
1963, pp. 103-104).
Taxonomy
    Linum arenicola was first described by Small in 1907 as 
Cathartolinum arenicola from plants he collected in Miami-Dade County 
in 1904. This treatment was consistently followed by Small (1913a, p. 
69; 1913b, p. 96; 1933, p. 752). In 1931, Winkler included 
Cathartolinum within the genus Linum, renaming the plants Linum 
arenicola (Winkler 1931, p. 30). Others have followed this treatment, 
including Rogers (1963, p. 103), Long and Lakela (1971, p. 505), 
Robertson (1971, p. 649), Wunderlin (1998, p. 100), and Wunderlin & 
Hansen (2003, p. 100) (Hodges and Bradley 2006, p. 37).
    Synonyms include Cathartolinum arenicola Small (Wunderlin and 
Hansen 2004, p. 5). The Integrated Taxonomic Information System (2015, 
p. 1) uses the name Linum arenicola and indicates that this species' 
taxonomic standing is accepted. The online Atlas of Florida Vascular 
Plants (Wunderlin and Hansen 2008, p. 1) uses the name L. arenicola. 
There is consensus that L. arenicola is a distinct taxon. We have 
carefully reviewed the available taxonomic information to reach the 
conclusion that the species is a valid taxon.
Climate
    The climate of south Florida where Linum arenicola occurs is 
classified as tropical savanna, as described above for Chamaecrista 
lineata var. keyensis and Chamaesyce deltoidea ssp. serpyllum.
    Rainfall within the range of Linum arenicola varies from an annual 
average of 153-165 cm (60-65 in) in the northern portion of the Miami 
Rock Ridge to an average of 89-102 cm (35-40 in) in the lower Florida 
Keys (Snyder et al. 1990, p. 238).
Habitat
    Pine Rocklands: Linum arenicola occurs in pine rocklands, disturbed 
pine rocklands, dry marl prairie, and disturbed areas on rocky soils 
adjacent to these habitats (Bradley and Gann 1999, p. 61; Hodges and 
Bradley 2006, p. 37). L. arenicola grows in thin soil over limestone or 
in small soil patches caught in surface irregularities of exposed 
limestone (Kernan and Bradley, 1996, p. 2). Sites most likely to 
support L. arenicola have a grass- and herb-dominated understory, 
abundant pine regeneration, and high cover of exposed rock (Ross and 
Ruiz 1996, pp. 5-6). The pine rocklands and marl prairies where this 
species occurs require periodic fire to maintain an open, shrub-free 
subcanopy, and to reduce litter levels (Bradley and Saha 2009, p. 4). 
Pine rocklands habitat is described in detail for Chamaecrista lineata 
var. keyensis, above.
    Roadsides and Other Disturbed Sites: While pine rocklands 
historically were the primary habitat of Linum arenicola, the species 
is currently rare in relatively undisturbed pine rocklands, with the 
exception of plants on Big Pine Key. Several occurrences are in scraped 
(scarified) pine rocklands remnants that are dominated by native pine 
rocklands species, but have little or no pine canopy or subcanopy 
(Bradley and Van Der Heiden 2013, pp. 9-12). Two populations in Miami-
Dade County occur entirely on levees composed of crushed oolitic 
limestone that are surrounded by sawgrass marsh (Bradley and Gann 1999, 
p. 61; Bradley and Van Der Heiden 2013, pp. 7-9). Roadsides and other 
disturbed sites are important habitat for L. arenicola because they 
imitate upland herbaceous habitat (Hodges and Bradley 2006, p. 40). The 
most robust roadside populations occur in areas adjacent to pine 
rocklands or rockland hammocks (Hodges 2010, p. 3). Where L. arenicola 
is found on roadsides, the ground cover is dominated mostly by native 
herbs and grasses where exotic lawn grasses have not been planted 
(Bradley 2006, p. 37). Infrequent mowing of some roadsides, and of 
disturbed sites such as Homestead Air Reserve Base (HARB) and U.S. 
Special Operations Command South Headquarters (SOCSOUTH), a unified 
command of all four services in the Department of Defense (DOD) has 
likely allowed the species to persist by preventing these sites from 
being taken over by hardwoods.
    Because Linum arenicola seems to only rarely occur within intact 
pine rocklands, but more frequently adjacent to this habitat, 
developing conservation and management plans for this species is 
exceptionally difficult. Its persistence on roadsides is not fully 
understood. L. arenicola was at one time more common in pine rocklands 
in Miami-Dade County, but a lack of periodic fires in most pine 
rocklands fragments over the last century have pushed this species into 
more sunny, artificial environments (Bradley and Gann 1999, p. 61). It 
is also possible that the species has evolved to persist along 
roadsides as fire regimes and natural areas were altered and destroyed 
over the last century (Hodges and Bradley 2006, p. 41).
    Dry Marl Prairie: Marl prairie is a sparsely vegetated, grass-
dominated community found on marl substrates in South Florida. Marls 
are fine, white, calcareous muds formed from calcite precipitated by a 
mixture of green algae, blue green algae, and diatoms, known as 
periphyton. It is seasonally inundated (2 to 4 months) to a shallow 
depth averaging about 20 cm (8 in). Marl prairie is a diverse community 
that may contain over 100 species. Marl prairie normally dries out 
during the winter and is subject to fires at the end of the dry season 
(FNAI 2010, p. 1). Occurrences reported from marl prairie are at sites 
that have been artificially drained (Bradley and Van Der Heiden 2013, 
p. 11), or are scraped pine rocklands that function more like marl 
prairie (Kernan and Bradley 1996, p. 11). As with roadside populations 
of Linum arenicola, it is possible that dry marl prairies have become 
refugia for the species as fire regimes and natural areas were altered 
and destroyed over the last century. Accordingly, the Service does not 
consider marl prairie to be a primary habitat for L. arenicola.
Historical Range
    The historical range of Linum arenicola consists of central and 
southern Miami-Dade County and

[[Page 58544]]

Monroe County in the lower Florida Keys (Bradley and Gann 1999, p. 61). 
In Miami-Dade County, records for the species were widespread from the 
Coconut Grove area to the southern part of the County, close to what is 
now the main entrance to Everglades National Park and Turkey Point 
(Bradley and Gann 1999, p. 61). In the Florida Keys (Monroe County), 
there are records of the species from Big Pine Key, Ramrod Key, Upper 
and Lower Sugarloaf Keys, Park Key, Boca Chica Key, Middle Torch Key 
(Bradley and Gann 1999, p. 61), and Big Torch Key (Hodges 2010, p. 10).
Current Range, Population Estimates, and Status
    The current range of Linum arenicola consists of eight extant 
populations in Miami-Dade County and four extant populations in the 
Florida Keys (see Table 3, below). In Miami-Dade County, the current 
distribution of Linum arenicola is from just north of SW 184 Street (in 
the Richmond Pinelands), south to the intersection of Card Sound Road 
and the C-102 canal, and west to SW 264 Street and 177 Avenue 
(Everglades Archery Range at Camp Owaissa Bauer). This distance is 
approximately 30 km (19 mi) north to south, and 14 km (9 mi) east to 
west. In the Florida Keys (Monroe County), the current distribution of 
L. arenicola includes four islands: Big Pine Key, Upper and Lower 
Sugarloaf Keys, and Big Torch Key.
    Multiple surveys have been conducted for Linum arenicola in Miami-
Dade and Monroe Counties over the past 30 years. However, most surveys 
only cover one county and not the other. The large area of potential 
habitat and scarcity and diminutive size of L. arenicola make thorough 
surveys for this species difficult (Hodges and Bradley 2006, p. 37).
    Based on a compilation of all survey work through 2013, including 
Austin (1980), Kernan and Bradley (1996, pp.1-30), Bradley and Gann 
(1999, pp. 61-65), Hodges and Bradley (2006, pp. 37-41), Bradley and 
Saha (2009, p. 10), Bradley (2009, p. 3), Hodges (2010, pp. 4-5, 15), 
Bradley and van der Heiden (2013, pp. 6-12,19), and Bradley et al. 
(2015, pp. 28-29), of 26 historical population records for Linum 
arenicola, 12 populations are extant and 14 are extirpated (see Table 
3), a loss of roughly 54 percent of known populations, from the early 
1900s to the present.
    Table 3 summarizes the status and trends of the known occurrences 
of Linum arenicola.

              Table 3--Summary of the Status and Trends of the Known Occurrences of Linum arenicola
----------------------------------------------------------------------------------------------------------------
                                                          Most recent
           Population                  Ownership          population            County               Trend
                                                           estimate
----------------------------------------------------------------------------------------------------------------
                                                Extant 12 records
----------------------------------------------------------------------------------------------------------------
Big Pine Key....................  USFWS, FWC, TNC     2,676 (2007) \1\..  Monroe............  declining.
                                   \12\, Private.
Upper Sugarloaf Key.............  FDOT \13\, USFWS..  73 (2010) \2\.....  Monroe............  insufficient data.
Lower Sugarloaf Key.............  FDOT \13\, USFWS..  531 (2010) \2\....  Monroe............  stable.
Big Torch Key...................  FDOT \13\, Private  1 (2010) \2\......  Monroe............  declining.
Richmond Pineland...............  Private...........  56 (2014) \5\.....  Miami-Dade........  insufficient data.
Martinez Pineland...............  Miami-Dade County.  100-200 (2013) \6\  Miami-Dade........  insufficient data.
Everglades Archery Range (Camp    Miami-Dade County.  23 (2012) \7\.....  Miami-Dade........  insufficient data.
 Owaissa Bauer).
HAFB \15\ 1--S of Naizare BLVD..  DOD \14\, Miami-    24,000 (2013) \7\.  Miami-Dade........  stable.
                                   Dade County.
SOCSOUTH (HAFB 2--NW side of      DOD \14\ (leased    74,000 (2009) 7 10  Miami-Dade........  stable.
 Bikini BLVD).                     from Miami-Dade
                                   County).
HARB (SW 288 St. and 132 Ave)...  DOD \14\..........  37 (2011) \7\.....  Miami-Dade........  insufficient data.
C-102 Canal SW 248 St. to U.S. 1  SFWMD \11\........  1,000-10,000        Miami-Dade........  insufficient data.
                                                       (2013) \7\.
L-31E canal, from SW 328 St. to   SFWMD \11\........  Plants occur along  Miami-Dade........  insufficient data.
 Card Sound Road.                                      14 km (8.7 mi) of
                                                       levee (2013) \7\.
----------------------------------------------------------------------------------------------------------------
                                              Extirpated 14 records
----------------------------------------------------------------------------------------------------------------
Middle Torch Key................  FWC, FDOT \13\....  3 (2005) \3\......  Monroe............
Ramrod Key......................  FDOT \13\.........  110 (1979) \4\....  Monroe............
Park Key........................  FDOT \13\.........  unknown (1961) \3\  Monroe............
Boca Chica......................  DOD \14\, other     unknown (1912) \3\  Monroe............
                                   (unknown).
Camp Jackson....................  unknown...........  unknown (1907) \9\  Miami-Dade........
Big Hammock Prairie.............  unknown...........  unknown (1911) \9\  Miami-Dade........
Camp Owaissa Bauer..............  Miami-Dade County.  10 (1983) \7\.....  Miami-Dade........
Allapatah Drive and Old Cutler    Private...........  256 (1996) \8\....  Miami-Dade........
 Road.
Bauer Drive (Country Ridge        Miami-Dade County.  8 (1996) \8\......  Miami-Dade........
 Estates).
Silver Green Cemetery...........  Private...........  47 (1996) \8\.....  Miami-Dade........
Palmetto Bay Village Center.....  Private...........  12 (1996) \8\.....  Miami-Dade........
HAFB (Community Partnership       DOD \14\, Miami-    unknown (2010) \7\  Miami-Dade........
 Drive).                           Dade County.
Coco Plum Circle (corner of       Private...........  75 (1996) \8\.....  Miami-Dade........
 Robles Street & Vista Mar
 Street).

[[Page 58545]]

 
George Avery Pineland Preserve..  Private...........  ``small colony''    Miami-Dade........
                                                       (2002) \7\.
----------------------------------------------------------------------------------------------------------------
\1\ Bradley and Saha 2009, p. 10
\2\ Hodges 2010, p. 10
\3\ Hodges and Bradley 2006, pp. 39-48
\4\ Austin et al. 1980 in FNAI
\5\ FTBG 2014, p. 2
\6\ Possely 2014, pers. comm.
\7\ Bradley and Van Der Heiden 2013, pp. 6-11
\8\ Kernan and Bradley 1996, p. 9
\9\ Bradley and Gann 1999, p. 65
\10\ Bradley 2009, p. 3
\11\ South Florida Water Management District (SFWMD)
\12\ The Nature Conservancy (TNC)
\13\ Florida Department of Transportation (FDOT)
\14\ Department of Defense (DOD)
\15\ Homestead Air Force Base (HAFB; decommissioned)

    Based on the data presented in Table 3, reliable population trends 
can be derived from past surveys for 5 of the 12 extant populations. 
Populations on Big Pine Key and Big Torch Key have shown clear 
declines. Three populations appear to be stable (data suggest they have 
not declined appreciably). Data are insufficient to determine trends 
for the remaining seven populations. The data also show that 5 of the 
12 extant populations are rather small, having fewer than 100 plants.
    Miami-Dade County: The first survey for Linum arenicola, conducted 
in 1980 in Miami-Dade County, reported two extant and eight extirpated 
populations, but population sizes were not reported (Austin et al., 
1980, p. 3). A 1996 survey conducted in Miami-Dade County reported 
seven populations, representing about 1,000 plants (Kernan and Bradley 
1996, p. 5). A 1999 status survey reported five extant populations and 
seven extirpated populations in Miami-Dade County (Bradley and Gann 
1999, p. 65).
    A comprehensive field survey of Linum arenicola sites in Miami-Dade 
was conducted in 2013 (Bradley and van der Heiden 2013, p. 4). L. 
arenicola populations were found at six sites, containing an estimated 
total of 107,060 plants. Populations ranged in size from 23 plants to 
74,000 plants, with a median population size of approximately 4,500. 
All but one of the Miami-Dade L. arenicola populations occur on public 
lands, but only the Martinez Pineland site is managed for conservation. 
The remaining sites are owned by the DOD (military bases), State of 
Florida (canal banks; SFWMD), and Miami-Dade County (a public archery 
range). A seventh small population located in 2014 at the Richmond 
pinelands is located on private land that is currently slated for 
development (Fairchild Tropical Botanic Garden (FTBG) 2014, p. 2). The 
largest Linum arenicola population in Miami-Dade County, estimated at 
74,000 plants in 2009 (Bradley 2009, p. 3), is located on property 
owned by the Miami-Dade County Homeless Trust and leased to Special 
Operations Command South (SOCSOUTH; a DOD facility).
    In Miami-Dade County, of 18 records for Linum arenicola, 8 
populations are extant, while 10 are extirpated, a loss of roughly 56 
percent of known populations. The loss of these populations corresponds 
to a contraction of the species' historical range in Miami-Dade County 
by approximately 20 km (12 mi) at its northern extent (40 percent 
reduction in north to south range), and approximately 15 km (9 mi) of 
its east to west extent (50 percent reduction in east to west range).
    Monroe County (Florida Keys): A 1999 status survey reported four 
Linum arenicola populations in Monroe County (Bradley and Gann 1999, p. 
65). In 2006, Hodges and Bradley (2006, pp. 37-41) conducted the first 
comprehensive survey of the distribution and abundance of L. arenicola 
in the Florida Keys, including extant occurrences, historical records, 
and exploratory surveys of potential habitat. Four extant populations 
were observed (Big Pine Key, Big Torch Key, Middle Torch Key, and Lower 
Sugarloaf Key) and three historical populations were confirmed 
extirpated (Boca Chica Key, Ramrod Key, and Park Key). The surveys did 
not find L. arenicola in potential habitat on No Name Key, Little Torch 
Key, or Upper Sugarloaf Key (Hodges and Bradley 2006, pp. 37, 48). 
However, in 2010, Hodges (2010, p. 10) resurveyed Upper Sugarloaf and 
rediscovered the population.
    Linum arenicola is extirpated from 4 of 8 (50 percent) of the 
islands that once supported it. Its historical range spanned 
approximately 36 km (22 mi) from northeast to southwest. The loss of 
populations on Boca Chica, Park, Middle Torch, and Ramrod Keys 
represents a 14-km (9-mi) loss of the western extent of the species' 
range, corresponding to a 39 percent contraction of the species' 
historical range.
    The total population of Linum arenicola in Monroe County is 
estimated at 2,676 plants in pine rocklands on Big Pine Key (Bradley 
and Saha 2009, p. 10), and 100 to 1,000 plants across the remainder of 
the Florida Keys (Hodges and Bradley 2006, pp. 37, 48; Hodges 2010, p. 
10).
    The largest population in Monroe County is located on Big Pine Key 
within the National Key Deer Refuge (NKDR) and surrounding lands, where 
there are approximately 478 ha (1,181 ac) of publicly owned pine 
rocklands (Gann et al. 2002, p. 806; Bradley 2006, p. 4; Hodges and 
Bradley 2006, pp. 37-38). It is also the best studied population. On 
Big Pine Key, Linum arenicola occurs at the Terrestris Preserve, which 
is owned by TNC; this occurrence is included within the Big Pine Key 
site in Table 3.
    Linum arenicola on Big Pine Key has been surveyed multiple times 
since 1996, with the most recent being 2014. Because of the size of Big 
Pine Key, sample study plots were utilized for these surveys, as 
opposed to a complete search of all potential habitats. Ross and Ruiz 
(1996, p. 5) found the species in 11 percent of their study plots. 
Subsequent surveys in 2005, 2007, and 2013 have found L. arenicola to 
be extremely rare, being recorded in 4.1, 2.0, and 1.4

[[Page 58546]]

percent of study plots, respectively, representing an 87 percent 
reduction from 1996 to 2013 (Bradley et al. 2015, pp. 28-29).
    The decline in the Big Pine Key population of Linum arenicola from 
2005 to 2007 can be largely attributed to the effects of Hurricane 
Wilma (Bradley 2006, p. 11; Hodges 2010, p. 4). Prior to Wilma, there 
was a maximum of 56,404 individuals of L. arenicola in the 478 ha 
(1,181 ac) of publicly owned pine rocklands on Big Pine Key (Bradley 
2006, p. 19). As of 2007, there were just 2,676 plants, representing a 
95 percent decline (Bradley and Saha 2009, p. 10). Significantly, the 
species virtually disappeared from the southern half of Big Pine Key 
after Hurricane Wilma (Bradley and Saha 2009, p. 10).
    Historically, the population has declined due to habitat loss and 
fire suppression. Approximately half of the historical pine rocklands 
on Big Pine Key have been lost (Bradley 2006, p. 35). Long-term 
ecological changes associated with fire suppression, land clearing, 
SLR, changes in hydrology, fluctuations in Key deer (Odocoileus 
virginianus clavium) densities, and invasion of exotic plants likely 
have impacted the population sizes of this species (Bradley 2006, p. 2; 
Bradley and Saha 2009, p. 2).
    The population on Big Torch Key also declined after Hurricane 
Wilma, but this decline may have been due to herbicide applications or 
frequent mowing associated with road shoulder maintenance (Hodges 2010, 
p. 4).
Biology
    Life History and Reproduction: Little is known about the life 
history of Linum arenicola, including pollination biology, seed 
production, or dispersal. Reproduction is sexual, with new plants 
generated from seeds. The species produces flowers from February to 
September, with a peak around March and April. L. arenicola population 
demographics or longevity have not been studied (Bradley and Gann, 
1999, p. 65; Hodges and Bradley 2006, p. 41; Hodges 2007, p. 2).
    Fire Ecology and Demography: There have been no studies of Linum 
arenicola population demographics or relationship to fire, though 
historical declines have been partially attributed to habitat loss from 
fire suppression or inadequate fire management.
Argythamnia blodgettii (Blodgett's silverbush)
Species Description
    Argythamnia blodgettii, in the Euphorbia family, is an erect, 
perennial shrub or herb, 10 to 60 cm (4 to 24 in) tall, with a woody 
base and small, green flowers. The stems and leaves are covered with 
small hairs. The leaves, arranged alternately along the stems, are 1.5 
to 4.0 cm (0.6 to 1.6 in) long, have smooth (or rarely toothed) edges, 
are oval or elliptic in shape, and often are colored a distinctive, 
metallic bluish green. The plants have separate male and female 
flowers. Staminate (male) flowers have a calyx 7 to 8 mm (0.27 to 0.31 
in) wide, consisting of 4 to 5 lance-shaped sepals that are larger than 
the petals. The petals are broadly elliptic and shorter than the 
sepals. There are 10 stamens. Pistillate (female) flowers have 4 to 5 
sepals that are 5 to 6 mm (0.19 to 0.24 in) long, lance-shaped, and 
often more narrow than those of male flowers. The petals are broadly 
elliptic, shorter than the sepals. The fruit is a woody capsule 4 to 5 
mm (0.16 to 0.19 in) wide, which contains the seeds (Adapted from Small 
1933, pp. 784-785; Bradley and Gann 1999, p. 2).
Taxonomy
    Botanist John Torrey first described the species in Chapman (1884, 
p. 100) as Aphora blodgettii, reporting it for South Florida. In an 
1896 (p. 100) revision of the genus, Pax placed it in the genus 
Ditaxis. In 1897 (p. 100), Chapman placed it in the genus Argythamnia. 
In 1903, Small placed it again in the genus Ditaxis. In 1914, Pax (p. 
100) placed it in synonymy under Ditaxis fendleri, a plant of Colombia, 
Venezuela, Curacao, and Trinidad. Small (1933, pp. 784-785) retained it 
as Ditaxis blodgettii, treating it as a southern Florida endemic. 
Subsequent authors (Webster 1967, p. 100; Long and Lakela 1971, p. 558; 
Wunderlin 1998, p. 100; Wunderlin and Hansen 2003, p. 100) have 
retained it as a southern Florida endemic Argythamnia blodgettii (from 
Hodges and Bradley 2006, p. 10).
    The Integrated Taxonomic Information System (2015, p. 1) uses the 
name Argythamnia blodgettii and indicates that this species' taxonomic 
standing is accepted. The online Atlas of Florida Vascular Plants 
(Wunderlin and Hansen 2008, p. 1) uses the name A. blodgettii. In 
summary, there is consensus that A. blodgettii is a distinct taxon. We 
have carefully reviewed the available taxonomic information to reach 
the conclusion that the species is a valid taxon. Synonyms include 
Aphora blodgettii Torr. ex Chapm.; Ditaxis blodgettii (Torr. ex Chapm.) 
Pax; Argyrothamnia blodgettii (Torr. ex Chapm.) Chapm.; and Ditaxis 
fendleri Pax, not (M[uuml]ll. Arg.) Pax and K. Hoof.
Climate
    The climate of south Florida where Argythamnia blodgettii occurs is 
classified as tropical savanna, as described above for Chamaecrista 
lineata var. keyensis, Chamaesyce deltoidea ssp. serpyllum, and Linum 
arenicola.
    Rainfall within the range of Argythamnia blodgettii varies from an 
annual average of 153-165 cm (60-65 in) in the northern portion of the 
Miami Rock Ridge to an average of 89-102 cm (35-40 in) in the lower 
Florida Keys (Snyder et al. 1990, p. 238).
Habitat
    Argythamnia blodgettii grows in pine rocklands, in sunny gaps or 
edges of rockland hammock and coastal berm, and on roadsides (Bradley 
and Gann 1999, p. 3). It grows from crevices on oolitic limestone or on 
sand. The pine rocklands habitat where it occurs requires periodic fire 
to maintain an open, sunny understory with a minimum amount of 
hardwoods. Bradley and Gann (1999, p. 3) indicated that this species 
does tolerate some degree of human-induced disturbance. It can often be 
found along disturbed edges of pine rocklands, rockland hammock, and 
coastal berm, or in completely scarified pine rocklands (Bradley and 
Gann, 1999, p. 3). Pine rocklands are described in detail for 
Chamaecrista lineata var. keyensis, above.
    Coastal Berm: Coastal berms are landscape features found along low-
energy coastlines in south Florida and the Florida Keys. Coastal berm 
is a short forest or shrub thicket found on long, narrow, storm-
deposited ridges of loose sediment formed by a mixture of coarse shell 
fragments, pieces of coralline algae, and other coastal debris. These 
ridges parallel the shore and may be found on the seaward edge or 
landward edge of the mangroves or farther inland depending on the 
height of the storm surge that formed them. They range in height from 
0.30 to 3.05 m (1 to 10 ft). Structure and composition of the 
vegetation is variable depending on height and time since the last 
storm event. The most stable berms may share some tree species with 
rockland hammocks, but generally have a greater proportion of shrubs 
and herbs. Tree species may include Bursera simaruba (gumbo limbo), 
Coccoloba uvifera (seagrape), Coccothrinax argentata (silver palm), 
Guapira discolor (blolly), Drypetes diversifolia (milkbark), Genipa 
clusiifolia (seven year apple), and Metopium toxiferum (poisonwood). 
Characteristic tall shrub and short tree

[[Page 58547]]

species include Eugenia foetida (Spanish stopper), Ximenia americana 
(hog plum), Randia aculeata (white indigoberry), Pithecellobium keyense 
(Florida Keys blackbead), and Sideroxylon celastrinum (saffron plum). 
Short shrubs and herbs include Hymenocallis latifolia (perfumed 
spiderlily), Capparis flexuosa (bayleaf capertree), Lantana involucrata 
(buttonsage), and Rivina humilis (rougeplant). More seaward berms or 
those more recently affected by storm deposition may support a suite of 
plants similar to beaches, including shoreline Sesuvium portulacastrum 
(sea purslane), Distichlis spicata (saltgrass), and Sporobolus 
virginicus (seashore dropseed), or scattered to dense shrub thickets 
with Conocarpus erectus (buttonwood), stunted Avicennia germinans 
(black mangrove), Rhizophora mangle (red mangrove), Laguncularia 
racemosa (white mangrove), Suriana maritima (bay cedar), Manilkara 
jaimiqui (wild dilly), Jacquinia keyensis (joewood), and Borrichia 
frutescens (bushy seaside oxeye) (Florida Natural Areas Inventory 
(FNAI) 2010a, p. 1).
    Coastal berms are deposited by storm waves along low-energy coasts. 
Their distance inland depends on the height of the storm surge. Tall 
berms may be the product of repeated storm deposition. Coastal berms 
that are deposited far enough inland and remain long-undisturbed may in 
time succeed to hammock. This is a structurally variable community that 
may appear in various stages of succession following storm disturbance, 
from scattered herbaceous beach colonizing plants to a dense stand of 
tall shrubs (FNAI 2010a, p. 2).
    Rockland Hammock: Rockland hammock is a species-rich, tropical 
hardwood forest on upland sites in areas where limestone is very near 
the surface and often exposed. The forest floor is largely covered by 
leaf litter with varying amounts of exposed limestone and has few 
herbaceous species. Rockland hammocks typically have larger, more 
mature trees in the interior, while the margins can be almost 
impenetrable in places with dense growth of smaller shrubs, trees, and 
vines. Typical canopy and subcanopy species include Bursera simaruba, 
Lysiloma latisiliquum (false tamarind), Coccoloba diversifolia (pigeon 
plum), Sideroxylon foetidissimum (false mastic), Ficus aurea (strangler 
fig), Piscidia piscipula (Jamaican dogwood), Ocotea coriacea 
(lancewood), Drypetes diversifolia, Simarouba glauca (paradisetree), 
Sideroxylon salicifolium (willow bustic), Krugiodendron ferreum (black 
ironwood), Exothea paniculata (inkwood), Metopium toxiferum, and 
Swietenia mahagoni (West Indies mahogany). Mature hammocks may be open 
beneath a tall, well-defined canopy and subcanopy. More commonly, in 
less mature or disturbed hammocks, dense woody vegetation of varying 
heights from canopy to short shrubs is often present. Species that 
generally make up the shrub layers within rockland hammock include 
several species of Eugenia (stoppers), Thrinax morrisii and T. radiata 
(thatch palms), Amyris elemifera (sea torchwood), Ardisia 
escallonioides (marlberry), Psychotria nervosa (wild coffee), 
Chrysophyllum oliviforme (satinleaf), Sabal palmetto (cabbage palm), 
Guaiacum sanctum (lignum-vitae), Ximenia americana, Colubrina elliptica 
(soldierwood), Pithecellobium unguis-cati and Pithecellobium keyense, 
Coccoloba uvifera, and Colubrina arborescens (greenheart). Vines can be 
common and include Toxicodendron radicans (eastern poison ivy), Smilax 
auriculata (earleaf greenbrier), Smilax havanensis (Everglades 
greenbrier), Parthenocissus quinquefolia (Virginia creeper), 
Hippocratea volubilis (medicine vine), and Morinda royoc (redgal). The 
typically sparse short shrub layer may include Zamia pumila (coontie) 
and Acanthocereus tetragonus (triangle cactus). Herbaceous species are 
occasionally present and generally sparse in coverage. Characteristic 
species include Lasiacis divaricata (smallcane), Oplismenus hirtellus 
(basketgrass), and many species of ferns (FNAI 2010e, p. 1).
    Rockland hammock occurs on a thin layer of highly organic soil 
covering limestone on high ground that does not regularly flood, but it 
is often dependent upon a high water table to keep humidity levels 
high. Rockland hammocks are frequently located near wetlands; in the 
Everglades, they can occur on organic matter that accumulates on top of 
the underlying limestone; in the Keys, they occur inland from tidal 
flats (FNAI 2010e, p. 1).
    Rockland hammock is susceptible to fire, frost, canopy disruption, 
and ground water reduction. Rockland hammock can be the advanced 
successional stage of pine rocklands, especially in cases where 
rockland hammock is adjacent to pine rocklands. In such cases, when 
fire is excluded from pine rocklands for 15 to 25 years, it can succeed 
to rockland hammock vegetation. Historically, rockland hammocks in 
south Florida evolved with fire in the landscape. Fire most often 
extinguished near the edges when it encountered the hammock's moist 
microclimate and litter layer. However, rockland hammocks are 
susceptible to damage from fire during extreme drought or when the 
water table is lowered. In these cases, fire can cause tree mortality 
and consume the organic soil layer (FNAI 2010e, p. 2).
    Rockland hammocks are also sensitive to the strong winds and storm 
surge associated with infrequent hurricanes. Canopy damage often 
occurs, which causes a change in the microclimate of the hammock. 
Decreased relative humidity and drier soils can leave rockland hammocks 
more susceptible to fire. Rockland hammock can transition into glades 
marsh, mangrove swamp, salt marsh, coastal rock barren, pine rocklands, 
maritime hammock, or marl prairie (FNAI 2010e, p. 2).
    The sparsely vegetated edges or interior portions laid open by 
canopy disruption are the areas of rockland hammock that have light 
levels sufficient to support Argythamnia blodgettii. However, the 
dynamic nature of the habitat means that areas not currently open may 
become open in the future as a result of canopy disruption from 
hurricanes, while areas currently open may develop more dense canopy 
over time, eventually rendering that portion of the hammock unsuitable 
for A. blodgettii.
Historical Range
    Argythamnia blodgettii historically occurred from central and 
southern Miami-Dade County from Brickell Hammock to Long Pine Key in 
Everglades National Park, and in Monroe County throughout the Florida 
Keys from Totten Key south to Key West (Bradley and Gann 1999, p. 2).
Current Range, Population Estimates, and Status
    Argythamnia blodgettii is currently known from central Miami-Dade 
County from Coral Gables and southern Miami-Dade County to Long Pine 
Key in Everglades National Park, and the Florida Keys from nine 
islands, from Windley Key (Bradley and Gann 1999, p. 3) southwest to 
Boca Chica Key (Hodges and Bradley 2006, pp. 10, 43).
    Previous status surveys of Argythamnia blodgettii include Bradley 
and Gann (1999, pp. 2-6) and Hodges and Bradley (2006, pp. 11-20, 43). 
Bradley and Gann (1999, p. 3) reported 18 extant occurrences of A. 
blodgettii in 1999 (4 in Monroe County, 14 in Miami-Dade County), 
representing approximately 10,000 plants. Hodges and Bradley (2006, pp. 
11-20, 43) verified that A. blodgettii is extant on nine islands in the 
Florida Keys

[[Page 58548]]

(Monroe County), and has an estimated population of between 10,000 and 
100,000 plants (Hodges and Bradley, p. 2). The FNAI element tracking 
summary data indicated a total of 31 element occurrence records in 2 
counties, with 24 occurrences in management areas (FNAI 2008, p. 1). 
There is insufficient data available to identify trends in any 
populations of A. blodgettii.
    Although we do not know the total extent of the former range of 
Argythamnia blodgettii, approximately 12 miles (19 kilometers) of the 
species' range has been lost near the northern end of the range in 
Miami-Dade County and 43 miles (69 kilometers) has been lost in Monroe 
County on the southern edge of the species' range (Bradley and Gann 
1999, p. 3).
    Miami-Dade County: According to data from the Institute for 
Regional Conservation (IRC), the estimated population of Argythamnia 
blodgettii in Miami-Dade County is 375 to 13,650 plants (i.e., total of 
low and high estimates) (K. Bradley 2007, pers. comm.); however, this 
may be an overestimate of the actual population size because it was 
based upon a log10 scale. In Everglades National Park (ENP), the 
current estimated population size is 2,000 plants (J. Sadle 2015, pers. 
comm.).
    Based on the data presented below in Table 4, there are 31 records 
for Argythamnia blodgettii in Miami-Dade County. Six populations are 
extant, 11 are extirpated, and the status of 14 is uncertain because 
they have not been surveyed in 15 years or more.
    Monroe County: In the Keys, Argythamnia blodgettii is extant on 
nine islands, with three others of uncertain status (Hodges and Bradley 
2006, p. 43). The largest population surveyed is on Big Munson Island 
and is estimated to be 8,000 to 9,000 plants (Hodges and Bradley 2006, 
p. 17). On Big Pine Key, a population of A. blodgettii estimated at 
2,200 plants is found scattered across the island. Occurrences are 
known from the Koehn's subdivision, Long Beach, Cactus Hammock, and 
Watson Hammock. Sizable populations also occur at Key West Naval Air 
Station on Boca Chica Key. The total population size in the Florida 
Keys is estimated to be approximately 13,200 plants (Hodges and Bradley 
2006, pp. 10-13, 17).
    Argythamnia blodgettii is extirpated from 3 of 16 (23 percent) of 
the islands that once supported it. Based on the data presented in 
Table 4, there are 18 records for A. blodgettii in Monroe County. 
Eleven populations are extant, three are extirpated, and the status of 
four is uncertain because they have not been surveyed in 15 years or 
more.

          Table 4--Summary of the Status and Trends of the Known Occurrences of Argythamnia blodgettii
----------------------------------------------------------------------------------------------------------------
                                                          Most recent
           Population                  Ownership          population            County               Trend
                                                           estimate
----------------------------------------------------------------------------------------------------------------
                                                Extant 17 records
----------------------------------------------------------------------------------------------------------------
Plantation Key, Snake Creek       FWC...............  101-1,000 (2005)    Monroe............  Insufficient data.
 Hammock.                                              \2\.
Lower Matecumbe Key--Klopp Tract  FDEP \6\..........  11-100 (2000) \2\.  Monroe............  Insufficient data.
Lignumvitae Key.................  FDEP \6\..........  101-1,000 (2005)    Monroe............  Insufficient data.
                                                       \2\.
Big Munson Island...............  Private (Boy        1,001-10,000        Monroe............  Insufficient data.
                                   Scouts of           (2005) \2\.
                                   America).
North Key Largo.................  DOD, FDOT.........  No estimate (2005)  Monroe............  Insufficient Data.
                                                       \8\.
Key Largo--Dove Creek Hammock...  FWC, FDOT.........  11-100 (2005) \2\.  Monroe............  Insufficient data.
Vaca Key (Marathon)--Blue Heron   FWC, FDOT.........  11-100 (2005) \2\.  Monroe............  Insufficient data.
 Hammock.
Windley Key--State Park.........  FDEP \6\..........  11-100 (2005) \2\.  Monroe............  Insufficient data.
Boca Chica KWNAS \7\ Runway 25..  DOD...............  1,001-10,000        Monroe............  Insufficient data.
                                                       (2004) \2\.
Boca Chica Key KWNAS \7\ Weapons  DOD...............  200 (2004) \2\....  Monroe............  Insufficient data.
 Hammock.
Big Pine Key....................  USFWS, FWC,         ~2,200 (2005) \2\.  Monroe............  Insufficient data.
                                   private.
ENP Long Pine Key Deer Hammock    NPS \5\...........  2,000 (2015) \4\..  Miami-Dade........  Insufficient data.
 area (Pine Block A), Turkey
 Hammock area (Pine Block B),
 Pine Block E.
Camp Choee......................  Private (Girl       3 (2005) \3\......  Miami-Dade........  Insufficient data.
                                   Scout Council of
                                   Tropical Florida).
Crandon Park--Key Biscayne......  Miami Dade Parks    4 (2005) \3\......  Miami-Dade........  Insufficient data.
                                   and Recreation.
Martinez Pineland/Larry and       Miami Dade Parks    6 (2005) \3\......  Miami-Dade........  Insufficient data.
 Penny Thompson Park.              and Recreation.
Tropical Park Pineland..........  Miami Dade Parks    20 (2005) \3\.....  Miami-Dade........  Insufficient data.
                                   and Recreation.
Boystown Pineland...............  Private...........  No estimate (2005)  Miami-Dade........  Insufficient data.
                                                       \3\.
----------------------------------------------------------------------------------------------------------------
                                              Uncertain 18 records
----------------------------------------------------------------------------------------------------------------
Crawl Key, Forestiera Hammock...  Private...........  10 (1982) \3\.....  Monroe............  Insufficient data.
Long Key State Park.............  FDEP..............  No estimate (1999)  Monroe............  Insufficient data.
                                                       \2\.
Stock Island....................  Private...........  No estimate (1981)  Monroe............  Insufficient data.
                                                       \2\.
Boot Key........................  Private...........  11-100 (1998) \2\.  Monroe............  Insufficient data.
Deering Estate..................  State of Florida..  11-100 (1991) \1\.  Miami-Dade........  Insufficient data.

[[Page 58549]]

 
Castellow Hammock...............  Miami Dade Parks    11-100 (1991) \1\.  Miami-Dade........  Insufficient data.
                                   and Recreation.
Owaissa Bauer County Park.......  Miami Dade Parks    101-1,000 (1991)    Miami-Dade........  Insufficient data.
                                   and Recreation.     \1\.
Pine Ridge Sanctuary............  Private...........  2-10 (1992) \1\...  Miami-Dade........  Insufficient data.
County Ridge Estates............  Private...........  11-100 (1999) \1\.  Miami-Dade........  Insufficient data.
Epmore Drive pineland...........  Private...........  2-10 (1999) \1\...  Miami-Dade........  Insufficient data.
Gifford Arboretum Pineland......  Private...........  2-10 (1999) \1\...  Miami-Dade........  Insufficient data.
Ned Glenn Nature Preserve.......  Miami Dade Parks    11-100 (1999) \1\.  Miami-Dade........  Insufficient data.
                                   and Recreation.
Natural Forest Community #317...  Private...........  2-10 (1999) \1\...  Miami-Dade........  Insufficient data.
Old Dixie pineland..............  Private...........  11-100 (1999) \1\.  Miami-Dade........  Insufficient data.
Owaissa Bauer Addition #1.......  Miami Dade Parks    11-100 (1991) \1\.  Miami-Dade........  Insufficient data.
                                   and Recreation.
SW 184th St. and 83rd Ave.......  Private...........  11-100 (1999) \1\.  Miami-Dade........  Insufficient data.
Castellow #33...................  Private...........  12 (1995) \3\.....  Miami-Dade........  Insufficient data.
Castellow #31...................  Private...........  30-50 (1995) \3\..  Miami-Dade........  Insufficient data.
----------------------------------------------------------------------------------------------------------------
                                              Extirpated 14 records
----------------------------------------------------------------------------------------------------------------
Upper Matecumbe Key.............  unknown...........  No estimate (1967)  Monroe............
                                                       \3\.
Totten Key......................  NPS...............  No estimate (1904)  Monroe............
                                                       \1\.
Key West........................  City of Key West..  No estimate (1965)  Monroe............
                                                       \1\.
Fuch's Hammock..................  Miami-Dade County.  No estimate (1991)  Miami-Dade........
                                                       \1\.
Brickell Hammock................  unknown...........  Extirpated 1937     Miami-Dade........
                                                       \1\.
Carribean Park..................  Miami-Dade County.  Extirpated 1998     Miami-Dade........
                                                       \1\.
Coconut Grove...................  Miami-Dade County.  Extirpated 1901     Miami-Dade........
                                                       \1\.
Coral Gables area...............  unknown...........  Extirpated 1967     Miami-Dade........
                                                       \1\.
Miller and 72nd Ave.............  unknown...........  Extirpated 1975     Miami-Dade........
                                                       \1\.
Orchid Jungle...................  Miami-Dade County.  Extirpated 1930     Miami-Dade........
                                                       \1\.
Palms Woodlawn Cemetery.........  Private...........  Extirpated 1992     Miami-Dade........
                                                       \1\.
South of Miami River............  unknown...........  Extirpated 1913     Miami-Dade........
                                                       \1\.
Bauer Drive Pineland............  Private...........  No estimate (1985)  Miami-Dade........
                                                       \3\.
Naranja.........................  Private...........  No estimate (1974)  Miami-Dade........
                                                       \3\.
----------------------------------------------------------------------------------------------------------------
\1\ Bradley and Gann 1999, p. 6.
\2\ Hodges and Bradley 2006, pp. 10-17.
\3\ FNAI 2011.
\4\ Sadle 2015, pers. comm., p. 1.
\5\ National Park Service (NPS).
\6\ Florida Department of Environmental Protection (FDEP).
\7\ Key West Naval Air Station (KWNAS).
\8\ Henize and Hipes 2005, p. 25.

Biology
    Life History and Reproduction: Reproductive biology of Argythamnia 
blodgettii has not been studied. Reproduction is sexual and flowering 
and fruiting apparently takes place throughout the year (Bradley and 
Gann 1999, p. 3).
    Fire Ecology and Demography: The fire ecology and demography of 
Argythamnia blodgettii have not been studied. Populations of A. 
blodgettii can be ephemeral (Hodges and Bradley 2006, p. 14).

Summary of Biological Status and Threats

    The Act directs us to determine whether any species is an 
endangered species or a threatened species because of any one of five 
factors affecting its continued existence. In this section, we 
summarize the biological condition of each of the plant species and its 
resources, and the factors affecting them, to assess the species' 
overall viability and the risks to that viability.

Factor A. The Present or Threatened Destruction, Modification, or 
Curtailment of Its Habitat or Range

    Chamaecrista lineata var. keyensis, Chamaesyce deltoidea ssp. 
serpyllum, Linum arenicola, and Argythamnia blodgettii have experienced 
substantial destruction, modification, and curtailment of their 
habitats and ranges (see Background, above). Specific threats to these 
plants included in this factor include habitat loss, fragmentation, and 
modification caused by development (i.e., conversion to both urban and 
agricultural land uses) and inadequate fire management. Each of these 
threats and its specific effects on these plants are discussed in 
detail below.
Human Population Growth, Development, and Agricultural Conversion
    The modification and destruction of the habitats that support 
Chamaecrista lineata var. keyensis, Chamaesyce deltoidea ssp. 
serpyllum, Linum arenicola, and Argythamnia blodgettii has been extreme 
in most areas of Miami-Dade and Monroe Counties, thereby reducing these 
plants' current ranges and abundance in Florida. The

[[Page 58550]]

pine rocklands community of south Florida, in which all four plants 
primarily occur, is critically imperiled locally and globally (FNAI 
2012, p. 27). Destruction of pine rocklands and rockland hammocks has 
occurred since the beginning of the 1900s. Extensive land clearing for 
human population growth, development, and agriculture in Miami-Dade and 
Monroe Counties has altered, degraded, or destroyed thousands of acres 
of these once abundant ecosystems.
    In Miami-Dade County, development and agriculture have reduced pine 
rocklands habitat by 90 percent in mainland south Florida. Pine 
rocklands habitat decreased from approximately 74,000 ha (183,000 ac) 
in the early 1900s, to only 8,140 ha (20,100 ac) in 1996 (Kernan and 
Bradley 1996, p. 2). The largest remaining intact pine rocklands 
(approximately 2,313 ha (5,716 ac)) is Long Pine Key in ENP. Outside of 
ENP, only about 1 percent of the pine rocklands on the Miami Rock Ridge 
have escaped clearing, and much of what is left are small remnants 
scattered throughout the Miami metropolitan area, isolated from other 
natural areas (Herndon 1998, p. 1).
    Similarly, most of the pine rocklands in the Florida Keys (Monroe 
County) have been impacted (Hodges and Bradley 2006, p. 6). Pine 
rocklands historically covered 1,049 ha (2,592 ac) of Big Pine Key 
(Folk 1991, p. 188), the largest area of pine rocklands in the Florida 
Keys. Pine rocklands now cover approximately 582 ha (1,438 ac) of the 
island, a reduction of 56 percent (Bradley and Saha 2009, p. 3). There 
were no estimates of pine rocklands area on the other islands 
historically, but each contained much smaller amounts of the habitat 
than Big Pine Key. Remaining pine rocklands on Cudjoe Key cover 72 ha 
(178 ac), Little Pine has 53 ha (131 ac), No Name has 56 ha (138 ac), 
and Sugarloaf has 38 ha (94 ac). The total area of remaining pine 
rocklands in the Florida Keys is approximately 801 ha (1,979 ac). 
Currently, about 478 ha (1,181 ac) (82 percent) of the pine rocklands 
on Big Pine Key, and most of the pine rocklands on these other islands, 
are protected within the National Key Deer Refuge and properties owned 
by the Nature Conservancy, the State of Florida, and Monroe County 
(Bradley and Saha 2009, pp. 3-4). Based on the data presented above, 
the total remaining acreage of pine rocklands in Miami-Dade and Monroe 
Counties is now 8,981 ha (22,079 ac) (approximately 8,140 ha (20,100 
ac) in Miami-Dade County, and 801 ha (1,979 ac) in the Florida Keys 
(Monroe County)).
    The marl prairies that also support Linum arenicola have similarly 
been destroyed by the rapid development of Miami-Dade and Monroe 
Counties. At least some of the occurrences reported from this habitat 
may be the result of colonization that occurred after they were 
artificially dried-out due to local or regional drainage.
    Likewise, habitat modification and destruction from residential and 
commercial development have severely impacted rockland hammocks, and 
coastal berm, that support Argythamnia blodgettii. Rockland hammocks 
were once abundant in Miami-Dade and Monroe Counties but are now 
considered imperiled locally and globally (FNAI 2010x, pp. 24-26). The 
tremendous development and agricultural pressures in south Florida have 
resulted in significant reductions of rockland hammock, which is also 
susceptible to fire, frost, hurricane damage, and groundwater reduction 
(Phillips 1940, p. 167; Snyder et al. 1990, pp. 271-272; FNAI 2010, pp. 
24-26).
    Pine rocklands, rockland hammock, marl prairie, and coastal 
habitats on private land remain vulnerable to development, which could 
lead to the loss of populations of these four species. As noted 
earlier, all four plants have been impacted by development. The sites 
of Small's 1907 and 1911 L. arenicola collections in Miami-Dade County 
are now agricultural fields (Kernan and Bradley 1996, p. 4). A pine 
rocklands site that supported L. arenicola on Vistalmar Street in Coral 
Gables (Miami-Dade County) was cleared and developed in 2005, as the 
Cocoplum housing development. A second pine rocklands site that 
supported L. arenicola, located on private land on Old Cutler Road, was 
developed into the Palmetto Bay Village Center. L. arenicola has not 
been observed at either site since they were developed. A former marl 
prairie site supporting a sizable population of L. arenicola near Old 
Cutler Road and Allapatah Drive (SW 112 Ave3.) in Miami-Dade County was 
extirpated when the site was developed in the 1990s (Bradley and van 
der Heiden 2013, pp. 6-12, 19). The Boca Chica Key population of L. 
arenicola was also likely lost due to development (Hodges and Bradley 
2006, p. 48).
    Bradley and Gann (1999, p. 6) list 12 populations of Argythamnia 
blodgettii in Miami-Dade County that were lost when the site that 
supported them was developed. An A. blodgettii population on Key West 
was likely lost due to the near complete urbanization of the island 
(Hodges and Bradley 2006, p. 43). Any development related to the Boy 
Scout camp on Big Munson Island is a potential threat to the largest 
population A. blodgettii.
    The largest Linum arenicola population in Miami-Dade County is 
located on property owned by the Miami-Dade County Homeless Trust. 
SOCSOUTH, a unified command of all four services of DOD, has entered 
into a 50-year agreement with Miami-Dade County to lease this 90-ac 
(36.4-ha) area, where they are building a permanent headquarters on 
approximately 28 ac (11.3 ha) (DOD 2009, p. 1). As stated above, the 
population of L. arenicola is spread across the site and was estimated 
at 74,000 plants in 2009 (Bradley 2009, p. 3). In consultation with the 
Service, the DOD developed a plan that avoided the majority of the 
population with accompanying protection and management of approximately 
57,725 individuals of sand flax (about 78 percent of the estimated 
onsite population) (Service 2011, p. 13). The plan will manage 5.95 ha 
(14.7 ac) of habitat, though most of it is scraped, and only a small 
portion has a pine canopy (Van der Heiden and Johnson 2013, p. 2). An 
additional 1.3 ha (3.2 ac) is being managed and supports 13,184 
individuals of sand flax (about 18 percent of the estimated onsite 
population) (Service 2011, p. 13).
    Currently there are plans to develop 55 ha (137 ac) of the largest 
remaining parcel of pine rocklands habitat in Miami-Dade County, the 
Richmond pine rocklands, with a shopping center and residential 
construction (RAM 2014, p. 2). Bradley and Gann (1999, p. 4) called the 
345-ha (853-ac) Richmond pine rocklands, ``the largest and most 
important area of pine rockland in Miami-Dade County outside of 
Everglades National Park.'' Populations of Argythamnia blodgettii and 
Linum arenicola, along with numerous federally listed species, occur 
there. The Miami-Dade County Department of Environmental Resources 
Management (DERM) has completed a management plan for portions of the 
Richmond pine rocklands under a grant from the Service and is leading 
the restoration and management of the Richmond pine rocklands (Bradley 
and Gann 1999, p. 4). The developer has proposed to enter into a 
habitat conservation plan in conjunction with their plans to develop 
their portion of the site and was required by Miami-Dade County Natural 
Forest Community (NFC) regulations to set aside and manage 15 ha (39 
ac) of pine rocklands and 2 ha (4 ac) of rockland hammock. A second 
project that would result in the loss of pine rocklands habitat is also 
planned for the

[[Page 58551]]

Richmond pine rocklands. It includes expanding the Miami Zoo complex to 
develop an amusement park and large retail mall.
    Approximately 25 percent of extant Linum arenicola occurrences (3 
of 12 sites), and 44 percent of extant Argythamnia blodgettii 
occurrences (13 of 34 sites), are located on private land; no extant 
populations of Chamaecrista lineata var. keyensis or Chamaesyce 
deltoidea ssp. serpyllum are located entirely on private land. It is 
possible that the plants on private lands will be lost from most of 
these sites in the future with increased pressure from development and 
the other threats described below. Argythamnia blodgettii is the only 
one of the four plants species which occurs in ENP, where a population 
of over 2,000 plants is stable and prescribed fire and other management 
activities that benefit A. blodgettii are conducted on a regular basis.
    Most pine rocklands and rockland hammock habitat is now limited to 
public conservation lands, where future development and habitat 
alteration are less likely than on private lands. However, public lands 
could be sold off (or leased) in the future and become more likely to 
be developed or altered in a way that negatively impacts the habitat. 
For example, at the SOCSOUTH site noted above (leased to DOD by Miami-
Dade County), ongoing development of headquarters buildings SOCSOUTH 
has resulted in the loss of L. arenicola and pine rocklands habitat 
(Bradley and van der Heiden 2013, pp. 8-10). Construction of visitor 
facilities such as parking lots, roads, trails, and buildings can 
result in habitat loss on public lands that are set aside as preserves 
or parks.
    Roadside populations of Chamaecrista lineata var. keyensis, 
Chamaesyce deltoidea ssp. serpyllum, Linum arenicola, and Argythamnia 
blodgettii are vulnerable to habitat loss and modification stemming 
from infrastructure projects such as road widening, and installation of 
underground cable, sewer, and water lines. The Lower Sugarloaf Key 
population of Linum arenicola was impacted by repaving of the road, 
which placed asphalt on top of and adjacent to the population (Hodges 
and Bradley 2006, p. 41).
    Although no entire populations of Chamaecrista lineata var. 
keyensis or Chamaesyce deltoidea ssp. serpyllum have been extirpated by 
habitat loss due to development, the size and extent of these 
populations have been reduced on Big Pine Key (and surrounding islands 
for Chamecrista lineata var. keyensis). The total area of pine rockland 
on Big Pine Key has decreased by 56 percent from 1955 to the present 
(Bradley and Saha 2009, p. 3).
    The human population within Miami-Dade County is currently greater 
than 2.4 million people, and is expected to grow to more than 4 million 
by 2060, an annual increase of roughly 30,000 people (Zwick and Carr 
2006, p. 20). Overall, the human population in Monroe County is 
expected to increase from 79,589 to more than 92,287 people by 2060 
(Zwick and Carr 2006, p. 21). All vacant land in the Florida Keys is 
projected to be developed by then, including lands currently 
inaccessible for development, such as islands not attached to the 
Overseas Highway (U.S. 1) (Zwick and Carr 2006, p. 14). However, in an 
effort to address the impact of development on federally listed 
species, Monroe County implemented a habitat conservation plan (HCP) 
for Big Pine and No Name Keys in 2006. In order to fulfill the HCP's 
mitigation requirements, the County has been actively acquiring parcels 
of high-quality pine rocklands, such as The Nature Conservancy's 20-
acre Terrestris Tract on Big Pine Key, and managing them for 
conservation. Although the HCP has helped to limit the impact of 
development, land development pressure and habitat losses may resume 
when the HCP expires in 2023. If the HCP is not renewed, residential or 
commercial development could increase to pre-HCP levels.
    While Miami-Dade and Monroe County both have developed a network of 
public conservation lands that include pine rocklands, rockland 
hammocks, marl prairies, and coastal habitats, much of the remaining 
habitat occurs on private lands as well as publicly owned lands not 
managed for conservation. Species occurrences and suitable habitat 
remaining on these lands are threatened by habitat loss and 
degradation, and threats are expected to accelerate with increased 
development. Further losses will seriously affect the four plant 
species' ability to persist in the wild and decrease the possibility of 
their recovery or recolonization.
Habitat Fragmentation
    The remaining pine rocklands in the Miami metropolitan area are 
severely fragmented and isolated from each other by vast areas of 
development. Remaining pine rockland areas in the Florida Keys are 
fragmented and are located on small islands separated by ocean. Habitat 
fragmentation reduces the size of plant populations and increases 
spatial isolation of remnants. Barrios et al. (2011, p. 1062) 
investigated the effects of fragmentation on a pine rocklands plant, 
Angadenia berteroi (pineland golden trumpet), which is recognized by 
the State of Florida as threatened, and found that abundance and 
fragment size were positively related. Possley et al. (2008, p. 385) 
studied the effects of fragment size on species composition in south 
Florida pine rocklands, and found that plant species richness and 
fragment size were positively correlated (although some small fragments 
supported nearly as many species as the largest fragment). Composition 
of fragmented habitat typically differs from that of intact forests; as 
isolation and edge effects increase, there is increased abundance of 
disturbance-adapted species (weedy species, nonnative invasive species) 
and lower rates of pollination and propagule dispersal (Laurence and 
Bierregaard 1997, pp. 347-350; Noss and Csuti 1997, pp. 284-299). The 
degree to which fragmentation threatens the dispersal abilities of 
Chamaecrista lineata var. keyensis, Chamaesyce deltoidea ssp. 
serpyllum, Linum arenicola, and Argythamnia blodgettii is unknown. In 
the historical landscape, where pine rocklands occurred within a mosaic 
of wetlands, water may have acted as a dispersal vector for all pine 
rocklands seeds. In the current, fragmented landscape, this type of 
dispersal would no longer be possible for any of the Miami-Dade 
populations. While additional dispersal vectors may include animals and 
(in certain locations) mowing equipment, it is likely that 
fragmentation has effectively reduced these plants' ability to disperse 
and exchange genetic material.
    While pollination research has not been conducted for Chamaesyce 
deltoidea ssp. serpyllum, Linum arenicola, and Argythamnia blodgettii, 
research regarding other species and ecosystems, including Chamaecrista 
lineata var. keyensis (discussed below), provides valuable information 
regarding potential effects of fragmentation on these plants. Effects 
of fragmentation on pollinators may include changes to the pollinator 
community as a result of limitation of pollinator-required resources 
(e.g., reduced availability of rendezvous plants, nesting and roosting 
sites, and nectar/pollen); these changes may include changes to 
pollinator community composition, species abundance and diversity, and 
pollinator behavior (Rathcke and Jules 1993, pp. 273-275; Kremen and 
Ricketts 2000, p. 1227; Harris and Johnson 2004, pp. 30-33). As a 
result, plants in fragmented habitats may experience lower visitation 
rates, which in turn may result in

[[Page 58552]]

reduced seed production of the pollinated plant (which may lead to 
reduced seedling recruitment), reduced pollen dispersal, increased 
inbreeding, reduced genetic variability, and ultimately reduced 
population viability (Rathcke and Jules 1993, p. 275; Goverde et al. 
2002, pp. 297-298; Harris and Johnson 2004, pp. 33-34).
    In addition to affecting pollination, fragmentation of natural 
habitats often alters other ecosystems' functions and disturbance 
regimes. Fragmentation results in an increased proportion of ``edge'' 
habitat, which in turn has a variety of effects, including changes in 
microclimate and community structure at various distances from the edge 
(Margules and Pressey 2000, p. 248), altered spatial distribution of 
fire (greater fire frequency in areas nearer the edge) (Cochrane 2001, 
pp. 1518-1519), and increased pressure from nonnative, invasive plants 
and animals that may out-compete or disturb native plant populations. 
Liu and Koptur (2003, p. 1184) reported decreases in Chamaecrista 
lineata var. keyensis's seed production in urban areas of Big Pine Key 
due to increased seed predation, compared with areas away from 
development.
    The effects of fragmentation on fire go beyond edge effects and 
include reduced likelihood and extent of fires, and altered behavior 
and characteristics (e.g., intensity) of those fires that do occur. 
Habitat fragmentation encourages the suppression of naturally occurring 
fires, and has prevented fire from moving across the landscape in a 
natural way, resulting in an increased amount of habitat suffering from 
these negative impacts. High fragmentation of small habitat patches 
within an urban matrix discourages the use of prescribed fire as well 
due to logistical difficulties (see ``Fire Management,'' below). Forest 
fragments in urban settings are also subject to increased likelihood of 
certain types of human-related disturbance, such as the dumping of 
trash (Chavez and Tynon 2000, p. 405). The many effects of habitat 
fragmentation may work in concert to threaten the local persistence of 
a species; when a species' range of occurrence is limited, threats to 
local persistence increase extinction risk.
Fire Management
    One of the primary threats to Chamaecrista lineata var. keyensis, 
Chamaesyce deltoidea ssp. serpyllum, Linum arenicola, and Argythamnia 
blodgettii is habitat modification and degradation through inadequate 
fire management, which includes both the lack of prescribed fire and 
suppression of natural fires. Where the term ``fire-suppressed'' is 
used below, it describes degraded pine rocklands conditions resulting 
from a lack of adequate fire (natural or prescribed) in the landscape. 
Historically, frequent (approximately twice per decade), lightning-
induced fires were a vital component in maintaining native vegetation 
and ecosystem functioning within south Florida pine rocklands (see 
Background, above). A period of just 10 years without fire may result 
in a marked decrease in the number of herbaceous species due to the 
effects of shading and litter accumulation (FNAI 2010, p. 63). 
Exclusion of fire for approximately 25 years will likely result in 
gradual hammock development over that time period, leaving a system 
that is very fire-resistant if additional pre-fire management (e.g., 
mechanical hardwood removal) is not undertaken.
    Today, natural fires are unlikely to occur or are likely to be 
suppressed in the remaining, highly fragmented pine rocklands habitat. 
The suppression of natural fires has reduced the size of the areas that 
burn, and habitat fragmentation has prevented fire from moving across 
the landscape in a natural way. Without fire, successional climax from 
pine rocklands to rockland hammock is rapid, and displacement of native 
species by invasive, nonnative plants often occurs. Understory plants 
such as Chamaecrista lineata var. keyensis, Chamaesyce deltoidea ssp. 
serpyllum, Linum arenicola, and Argythamnia blodgettii are shaded out 
by hardwoods and nonnatives alike. Shading may also be caused by a 
fire-suppressed pine canopy that has evaded the natural thinning 
effects that fire has on seedlings and smaller trees. Whether the dense 
canopy is composed of pine, hardwoods, nonnatives, or a combination, 
seed germination and establishment are inhibited in fire-suppressed 
habitat due to accumulated leaf litter, which also changes soil 
moisture and nutrient availability (Hiers et al. 2007, pp. 811-812). 
This alteration to microhabitat can also inhibit seedling establishment 
as well as negatively influence flower and fruit production 
(Wendelberger and Maschinski 2009, pp. 849-851), thereby reducing 
sexual reproduction in fire-adapted species such as Chamaecrista 
lineata var. keyensis, Chamaesyce deltoidea ssp. serpyllum, L. 
arenicola, and A. blodgettii (Geiger 2002, pp. 78-79, 81-83).
    After an extended period of inadequate fire management in pine 
rocklands, it becomes necessary to control invading native hardwoods 
mechanically, as excess growth of native hardwoods would result in a 
hot fire, which can kill mature pines. Mechanical treatments cannot 
entirely replace fire because pine trees, understory shrubs, grasses, 
and herbs all contribute to an ever-increasing layer of leaf litter, 
covering herbs and preventing germination, as discussed above. Leaf 
litter will continue to accumulate even if hardwoods are removed 
mechanically. In addition, the ashes left by fires provide important 
post-fire nutrient cycling, which is not provided via mechanical 
removal.
    Federal (Service, NPS), State (FDEP, FWC), and County land managers 
(Miami-Dade DERM), and nonprofit organizations (IRC) implement 
prescribed fire on public and private lands within the ranges of these 
four plants. While management of some County conservation lands 
includes regular burning, other lands remain severely fire-suppressed. 
Even in areas under active management, some portions are typically 
fire-suppressed.
    Miami-Dade County: Implementation of a prescribed fire program in 
Miami-Dade County has been hampered by a shortage of resources, as well 
as by logistical difficulties and public concern related to burning 
next to residential areas. Many homes have been built in a mosaic of 
pine rocklands, so the use of prescribed fire in many places has become 
complicated because of potential danger to structures and smoke 
generated from the burns. Nonprofit organizations such as IRC have 
similar difficulties in conducting prescribed burns due to difficulties 
with permitting and obtaining the necessary permissions as well as 
hazard insurance limitations (Gann 2013a, pers. comm.). Few private 
landowners have the means or desire to implement prescribed fire on 
their property, and doing so in a fragmented urban environment is 
logistically difficult and may be costly.
    All occurrences of Linum arenicola and Argythamnia blodgettii in 
Miami-Dade County are affected by some degree of inadequate fire 
management of pine rocklands and marl prairie habitat, with the primary 
threat being the modification and loss of habitat due to an increase in 
shrub and hardwood dominance, eliminating suitable conditions for the 
four plants, and eventual succession to rockland hammock.
    In Miami-Dade County, Linum arenicola occurred along the south edge 
of Bauer Drive on the northern border of a pine rockland owned by 
Miami-Dade County. The property is occupied by a communications tower, 
and is not a managed preserve. Kernan and Bradley (1996) reported eight 
plants. At the time

[[Page 58553]]

(1992 through 1996), the road shoulder was dominated by native grasses. 
Since then, native canopy hardwoods have invaded the site and 
eliminated the sunny conditions required by L. arenicola. It has not 
been seen since, despite multiple surveys between 1997 and 2012, and is 
considered to be extirpated. L. arenicola was discovered at Camp 
Owaissa Bauer by George N. Avery in 1983. Since that time, the pine 
rocklands habitat where he found the plants in the park suffered 
extremely heavy hardwood recruitment due to fire suppression. Despite 
recent hardwood control and reintroduction of fire, no plants have been 
relocated. At the Martinez pineland, a population of L. arenicola in a 
marl prairie that became overgrown due to lack of fire has not been 
observed since 2011. Plants may reappear at this site if prescribed 
fire is implemented and viable seeds remain in the soil (Bradley and 
van der Heiden 2013, pp. 8-11). Bradley and Gann (1999, pp. 71-72) 
suggested that the lack of fires in most forest fragments in Miami-Dade 
County during the last century may be one of the reasons why L. 
arenicola occurs primarily in disturbed areas.
    Monroe County (Florida Keys): Fire management of pine rocklands of 
the lower Florida Keys, most of which are within NKDR, is hampered by a 
shortage of resources, technical challenges, and expense of conducting 
prescribed fire in a matrix of public and private ownership. 
Residential and commercial properties are embedded within or in close 
proximity to pine rocklands habitat (Snyder et al. 2005, p. 2; C. 
Anderson 2012a, pers. comm.). As a result, hand or mechanical 
vegetation management may be necessary at select locations on Big Pine 
Key (Emmel et al. 1995, p. 11; Minno 2009, pers. comm.; Service 2010, 
pp. 1-68) to maintain or restore pine rocklands. Mechanical treatments 
may be less beneficial than fire because they do not quickly convert 
debris to nutrients, and remaining leaf litter may suppress seedling 
development; fire has also been found to stimulate seedling germination 
(C. Anderson 2010, pers. comm.). Because mechanical treatments may not 
provide the same ecological benefits as fire, NKDR continues to focus 
efforts on conducting prescribed fire where possible (C. Anderson 
2012a, pers. comm.). However, the majority of pine rocklands within 
NKDR are several years behind the ideal fire return interval (5-7 
years) suggested for this ecosystem (Synder et al. 2005, p. 2; Bradley 
and Saha 2011, pp. 1-16). Tree ring and sediment data show that pine 
rocklands in the lower Keys have burned at least every 5 years and 
sometimes up to three times per decade historically (Albritton 2009, p. 
123; Horn et al. 2013, pp. 1-67; Harley 2012, pp. 1-246). From 1985 to 
1992, prescribed burns were conducted in the NKDR mainly for fuel 
reduction. There was no prescribed burning by Service staff in the NKDR 
from 1992-1997, in part because not enough was known about the 
ecological effects of prescribed fire in this system (Snyder et al. 
1990, p. 2).
    All occurrences of Chamaecrista lineata var. keyensis, Chamaesyce 
deltoidea ssp. serpyllum, Linum arenicola, and Argythamnia blodgettii 
in the Florida Keys are affected by some degree of inadequate fire 
management of pine rocklands habitat, with the primary threat being the 
modification and loss of habitat due to an increase in shrub and 
hardwood dominance, eliminating suitable conditions for the four 
plants, and eventual succession to rockland hammock.
    Prescribed fire management over the past decade has not been 
sufficient to reverse long-term declines in Chamaecrista lineata var. 
keyensis, Chamaesyce deltoidea ssp. serpyllum, or Linum arenicola on 
Big Pine Key. Prescribed fire activity on Big Pine Key and adjacent 
islands within NKDR appears to be insufficient to prevent loss of pine 
rocklands habitat (Carlson et al. 1993, p. 914; Bergh and Wisby 1996, 
pp. 1-2; O'Brien 1998, p. 209; Bradley and Saha 2009, pp. 28-29; 
Bradley et al. 2011, pp. 1-16). As a result, many of the pine rocklands 
across NKDR are being compromised by succession to rockland hammock 
(Bradley and Saha 2009, pp. 28-29; Bradley et al. 2011, pp. 1-16).
Conservation Efforts To Reduce the Present or Threatened Destruction, 
Modification, or Curtailment of Habitat or Range
    Miami-Dade County Environmentally Endangered Lands (EEL) Covenant 
Program: In 1979, Miami-Dade County enacted the Environmentally 
Endangered Lands (EEL) Covenant Program, which reduces taxes for 
private landowners of natural forest communities (NFCs; pine rocklands 
and tropical hardwood hammocks) who agree not to develop their property 
and manage it for a period of 10 years, with the option to renew for 
additional 10-year periods (Service 1999, p. 3-177). Although these 
temporary conservation easements provide valuable protection for their 
duration, they are not considered under Factor D, below, because they 
are voluntary agreements and not regulatory in nature. Miami-Dade 
County currently has approximately 59 pine rocklands properties 
enrolled in this program, preserving 69.4 ha (172 ac) of pine rocklands 
habitat (Johnson 2012, pers. comm.). The program also has approximately 
21 rockland hammocks properties enrolled in this program, preserving 
20.64 ha (51 ac) of rockland hammock habitat (Joyner 2013b, pers. 
comm.). The vast majority of these properties are small, and many are 
in need of habitat management such as prescribed fire and removal of 
nonnative, invasive plants. Thus, while EEL covenant lands have the 
potential to provide valuable habitat for these plants and reduce 
threats in the near term, the actual effect of these conservation lands 
is largely determined by whether individual land owners follow 
prescribed EEL management plans and NFC regulations (see ``Local'' 
under Factor D discussion, below).
    Fee Title Properties: In 1990, Miami-Dade County voters approved a 
2-year property tax to fund the acquisition, protection, and 
maintenance of natural areas by the EEL Program. The EEL Program 
purchases and manages natural lands for preservation. Land uses deemed 
incompatible with the protection of the natural resources are 
prohibited by current regulations; however, the County Commission 
ultimately controls what may happen with any County property, and land 
use changes may occur over time (Gil 2013b, pers. comm.). To date, the 
Miami-Dade County EEL Program has acquired a total of approximately 313 
ha (775 ac) of pine rocklands, and 95 ha (236 ac) of rockland hammocks 
(Guerra 2015, pers. comm.; Gil 2013b, pers. comm.). The EEL Program 
also manages approximately 314 ha (777 ac) of pine rocklands, and 639 
ha (1,578 ac) of tropical hardwood and rockland hammocks owned by the 
Miami-Dade County Parks, Recreation and Open Spaces Department, 
including some of the largest remaining areas of pine rocklands habitat 
on the Miami Rock Ridge outside of ENP (e.g., Larry and Penny Thompson 
Park, Zoo Miami pinelands, Navy Wells Pineland Preserve), and some of 
the largest remaining areas of tropical hardwood and rockland hammocks 
(e.g., Matheson Hammock Park, Castellow Hammock Park, Deering Estate 
Park and Preserves).
    Conservation efforts in Miami's EEL Preserves have been underway 
for many years. In Miami-Dade County, conservation lands are and have 
been monitored by FTBG and IRC, in coordination with the EEL Program, 
to assess habitat status and determine any

[[Page 58554]]

changes that may pose a threat to or alter the abundance of these 
species. Impacts to habitat (e.g., canopy) via nonnative species and 
natural stochastic events are monitored and actively managed in areas 
where the taxon is known to occur. These programs are long-term and 
ongoing in Miami-Dade County; however, programs are limited by the 
availability of annual funding.
    Since 2005, the Service has funded IRC to facilitate restoration 
and management of privately owned pine rocklands habitats in Miami-Dade 
County. These programs included prescribed burns, nonnative plant 
control, light debris removal, hardwood management, reintroduction of 
pines where needed, and development of management plans. One of these 
programs, called the Pine Rockland Initiative, includes 10-year 
cooperative agreements between participating landowners and the 
Service/IRC to ensure restored areas will be managed appropriately 
during that time. Although most of these objectives have been achieved, 
IRC has not been able to conduct the desired prescribed burns, due to 
logistical difficulties as discussed earlier (see ``Fire Management,'' 
above).
    Connect to Protect Program: Fairchild Tropical Botanic Garden 
(FTBG), with the support of various Federal, State, and local agencies 
and nonprofit organizations, has established the ``Connect to Protect 
Network.'' The objective of this program is to encourage widespread 
participation of citizens to create corridors of healthy pine rocklands 
by planting stepping stone gardens and rights-of-way with native pine 
rocklands species, and restoring isolated pine rocklands fragments. By 
doing this, FTBG hopes to increase the probability that pollination and 
seed dispersal vectors can find and transport seeds and pollen across 
developed areas that separate pine rocklands fragments to improve gene 
flow between fragmented plant populations and increase the likelihood 
that these plants will persist over the long term. Although these 
projects may serve as valuable components toward the conservation of 
pine rocklands species and habitat, they are dependent on continual 
funding, as well as participation from private landowners, both of 
which may vary through time.
    National Wildlife Refuges: The National Wildlife Refuge System 
Improvement Act of 1997 (16 U.S.C. 668dd note) and the Fish and 
Wildlife Service Manual (601 FW 3, 602 FW 3) require maintaining 
biological integrity and diversity, require comprehensive conservation 
planning for each refuge, and set standards to ensure that all uses of 
refuges are compatible with their purposes and the Refuge System's 
wildlife conservation mission. The comprehensive conservation plans 
(CCP) address conservation of fish, wildlife, and plant resources and 
their related habitats, while providing opportunities for compatible 
wildlife-dependent recreation uses. An overriding consideration 
reflected in these plans is that fish and wildlife conservation has 
first priority in refuge management, and that public use be allowed and 
encouraged as long as it is compatible with, or does not detract from, 
the Refuge System mission and refuge purpose(s). The CCP for the Lower 
Florida Keys National Wildlife Refuges (NKDR, Key West National 
Wildlife Refuge, and Great White Heron National Wildlife Refuge) 
provides a description of the environment and priority resource issues 
that were considered in developing the objectives and strategies that 
guide management over the next 15 years. The CCP promotes the 
enhancement of wildlife populations by maintaining and enhancing a 
diversity and abundance of habitats for native plants and animals, 
especially imperiled species that are found only in the Florida Keys. 
The CCP also provides for obtaining baseline data and monitoring 
indicator species to detect changes in ecosystem diversity and 
integrity related to climate change. The CCP provides specifically for 
maintaining and expanding populations of candidate plant species, 
including Chamaecrista lineata var. keyensis, Chamaesyce deltoidea ssp. 
serpyllum, Linum arenicola, and Argythamnia blodgettii, all four of 
which are found in this refuge complex.
    Department of Defense Lands: The Sikes Act requires the DOD to 
develop and implement integrated natural resources management plans 
(INRMPs) for military installations across the United States (see also 
Factor D discussion, below). INRMPs are prepared in cooperation with 
the Service and State fish and wildlife agencies to ensure proper 
consideration of fish, wildlife, and habitat needs. The DOD has an 
approved INRMP for KWNAS on Boca Chica Key that includes measures that 
will protect and enhance Argythamnia blodgettii habitat, including 
nonnative species control (DOD 2014, p. 69). Furthermore, DOD is 
currently preparing an INRMP for HARB and SOCSOUTH. A previous 
biological opinion (Service 2011, entire) required SOCSOUTH to protect 
and manage 7.4 ha (18.3 ac) of pine rocklands habitat and 70,909 
individuals of Linum arenicola (approximately 96 percent of the 
estimated onsite population) based on 2009 survey data. A conservation 
easement was established over the protected areas, and DOD has provided 
funds for management of the site, including fencing and nonnative 
species control.
Summary of Factor A
    We have identified a number of threats to the habitat of 
Chamaecrista lineata var. keyensis, Chamaesyce deltoidea ssp. 
serpyllum, Linum arenicola, and Argythamnia blodgettii that have 
operated in the past, are impacting these species now, and will 
continue to impact them in the future. Habitat loss, fragmentation, and 
degradation, and associated pressures from increased human population, 
are major threats; these threats are expected to continue, placing 
these plants at greater risk. All four plants may be impacted when pine 
rocklands are converted to other uses or when lack of fire causes the 
conversion to hardwood hammocks or other unsuitable habitat conditions. 
Any populations of these species found on private property could be 
destroyed by development; the limited pine rocklands, rockland hammock, 
and coastal berm habitat on public lands can also be affected by 
development of recreational facilities or infrastructure projects. 
Although efforts are being made to conserve publicly and privately 
owned natural areas and apply prescribed fire, the long-term effects of 
large-scale and wide-ranging habitat modification, destruction, and 
curtailment will last into the future, while ongoing habitat loss due 
to population growth, development, and agricultural conversion 
continues to pose a threat. Therefore, based on the best information 
available, we have determined that the threats to the four plants from 
habitat destruction, modification, or curtailment are occurring 
throughout the entire range of the species and are expected to continue 
into the future.

Factor B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    The best available data do not indicate that overutilization for 
commercial, recreational, scientific, or educational purposes is a 
threat to Chamaecrista lineata var. keyensis, Chamaesyce deltoidea ssp. 
serpyllum, Linum arenicola, or Argythamnia blodgettii. Threats to these 
plants related to other aspects of recreation and similar human 
activities (i.e., not related to overutilization) are discussed under 
Factor E.

[[Page 58555]]

Factor C. Disease or Predation

    No diseases or incidences of predation have been reported for 
Chamaesyce deltoidea ssp. serpyllum or Argythamnia blodgettii.
    Key deer are known to occasional browse plants indiscriminately, 
including Chamaecrista lineata var. keyensis and Linum arenicola. Key 
deer do not appear to feed on Argythamnia blodgettii, probably due to 
potential toxicity (Hodges and Bradley 2006, p. 19).
    Seed predation by an insect occurs in Chamaecrista lineata var. 
keyensis, and seems to be exacerbated by habitat fragmentation. 
Individuals at the urban edge suffer higher insect seed predation than 
those inside the forest (Liu and Koptur 2003, p. 1184).
    While seed predation and occasional Key deer browsing may be a 
stressor, they do not appear to rise to the level of threat at this 
time. Therefore, the best available data do not indicate that disease 
or predation is a threat to Chamaecrista lineata var. keyensis or Linum 
arenicola.

Factor D. The Inadequacy of Existing Regulatory Mechanisms

    Under this factor, we examine whether threats to these plants are 
discussed under the other factors are continuing due to an inadequacy 
of an existing regulatory mechanism. Section 4(b)(1)(A) of the Act 
requires the Service to take into account ``those efforts, if any, 
being made by any State or foreign nation, or any political subdivision 
of a State or foreign nation, to protect such species.'' In relation to 
Factor D under the Act, we interpret this language to require the 
Service to consider relevant Federal, State, and tribal laws, 
regulations, and other such mechanisms that may minimize any of the 
threats we describe in threat analyses under the other four factors, or 
otherwise enhance conservation of the species. We give strongest weight 
to statutes and their implementing regulations and to management 
direction that stems from those laws and regulations. An example would 
be State governmental actions enforced under a State statute or 
constitution or Federal action under statute.
    Having evaluated the impact of the threats as mitigated by any such 
conservation efforts, we analyze under Factor D the extent to which 
existing regulatory mechanisms are inadequate to address the specific 
threats to the species. Regulatory mechanisms, if they exist, may 
reduce or eliminate the impacts from one or more identified threats. In 
this section, we review existing Federal, State, and local regulatory 
mechanisms to determine whether they effectively reduce or remove 
threats to Chamaecrista lineata var. keyensis, Chamaesyce deltoidea 
ssp. serpyllum, Linum arenicola, and Argythamnia blodgettii.
Federal
    As Federal candidate species, the four plant species are afforded 
some protection through sections 7 and 10 of the Act and associated 
policies and guidelines. Service policy requires candidate species be 
treated as proposed species for purposes of intra-Service consultations 
and conferences where the Service's actions may affect candidate 
species. Other Federal action agencies (e.g., NPS) are to consider the 
potential effects (e.g., prescribed fire, pesticide treatments) to 
these plants and their habitat during the consultation and conference 
process. Applicants and Federal action agencies are encouraged to 
consider candidate species when seeking incidental take for other 
listed species and when developing habitat conservation plans. However, 
candidate species do not receive the same level of protection that a 
listed species would under the Act.
    Populations of Argythamnia blodgettii within ENP are protected by 
NPS regulations at 36 CFR 2.1, which prohibit visitors from harming or 
removing plants, listed or otherwise, from ENP. However, the 
regulations do not address actions taken by NPS that cause habitat loss 
or modification.
    Populations of the four plants within Florida Keys Wildlife Refuge 
Complex benefit from the National Wildlife Refuge System Improvement 
Act of 1997 and the Fish and Wildlife Service Manual (601 FW 3, 602 FW 
3), which require the Service to maintain biological integrity and 
diversity, require comprehensive conservation planning for each refuge, 
and set standards to ensure that all uses of refuges are compatible 
with their purposes and the Refuge System's wildlife conservation 
mission. The CCP for a refuge addresses conservation of fish, wildlife, 
and plant resources and their related habitats, while providing 
opportunities for compatible wildlife-dependent recreation uses. An 
overriding consideration reflected in these plans is that fish and 
wildlife conservation has first priority in refuge management, and that 
public use be allowed and encouraged as long as it is compatible with, 
or does not detract from, the Refuge System mission and refuge 
purpose(s).
    The CCP for the Lower Florida Keys National Wildlife Refuges 
(National Key Deer Refuge, Key West National Wildlife Refuge, and Great 
White Heron National Wildlife Refuge) and the CCP for the Crocodile 
Lake National Wildlife Refuge provide for Chamaecrista lineata var. 
keyensis, Chamaesyce deltoidea ssp. serpyllum, Linum arenicola, and 
Argythamnia blodgettii as described above. Linum arenicola occurs on 
DOD lands at HARB and SOCSOUTH. L. arenicola and A. blodgettii occur on 
Federal lands within the Richmond Pinelands Complex, including lands 
owned by the U.S. Coast Guard and the National Oceanic and Atmospheric 
Association (NOAA; small portion of Martinez Pineland).
    As discussed under Factor A, above, the DOD has an approved INRMP 
for KWNAS on Boca Chica Key that includes measures that will protect 
and enhance Argythamnia blodgettii habitat, including nonnative species 
control (DOD 2014, p. 69). Furthermore, DOD is currently preparing an 
INRMP for HARB and SOCSOUTH. A 2011 Service biological opinion requires 
SOCSOUTH to protect and manage 7.4 ha (18.3 ac) of pine rocklands 
habitat and 70,909 individuals of Linum arenicola (approximately 96 
percent of the estimated onsite population) based on 2009 survey data. 
A conservation easement was established over the protected areas, and 
DOD has provided funds for management of the site, including fencing 
and nonnative species control.
    Populations of the four plants that occur on State- or County-owned 
properties and development of these areas will likely require no 
Federal permit or other authorization. Therefore, projects that affect 
them on State- and County-owned lands do not have Federal oversight, 
such as complying with the National Environmental Policy Act (NEPA) (42 
U.S.C. 4321 et seq.), unless the project has a Federal nexus (Federal 
funding, permits, or other authorizations). Therefore, the four plants 
have no direct Federal regulatory protection in these areas.
State
    Chamaecrista lineata var. keyensis, Chamaesyce deltoidea ssp. 
serpyllum, Linum arenicola, and Argythamnia blodgettii are listed on 
the Regulated Plant Index (Index) as endangered under chapter 5B-40, 
Florida Administrative Code. This listing provides little or no habitat 
protection beyond the State's development of a regional impact process, 
which discloses impacts from projects, but provides no regulatory 
protection for State-listed plants on private lands.

[[Page 58556]]

    Florida Statutes 581.185 sections (3)(a) and (3)(b) prohibit any 
person from willfully destroying or harvesting any species listed as 
endangered or threatened on the Index, or growing such a plant on the 
private land of another, or on any public land, without first obtaining 
the written permission of the landowner and a permit from the Florida 
Department of Plant Industry. The statute further provides that any 
person willfully destroying or harvesting; transporting, carrying, or 
conveying on any public road or highway; or selling or offering for 
sale any plant listed in the Index as endangered must have a permit 
from the State at all times when engaged in any such activities. 
Further, Florida Statutes 581.185 section (10) provides for 
consultation similar to section 7 of the Act for listed species, by 
requiring the Department of Transportation to notify the FDACS and the 
Endangered Plant Advisory Council of planned highway construction at 
the time bids are first advertised, to facilitate evaluation of the 
project for listed plant populations, and to provide ``for the 
appropriate disposal of such plants'' (i.e., transplanting).
    However, this statute provides no substantive protection of habitat 
or protection of potentially suitable habitat at this time. Florida 
Statutes 581.185 section (8) waives State regulation for certain 
classes of activities for all species on the Index, including the 
clearing or removal of regulated plants for agricultural, forestry, 
mining, construction (residential, commercial, or infrastructure), and 
fire-control activities by a private landowner or his or her agent.
Local
    In 1984, section 24-49 of the Code of Miami-Dade County established 
regulation of County-designated NFCs. These regulations were placed on 
specific properties throughout the County by an act of the Board of 
County Commissioners in an effort to protect environmentally sensitive 
forest lands. The Miami-Dade County Department of Regulatory and 
Economic Resources (RER) has regulatory authority over these County-
designated NFCs and is charged with enforcing regulations that provide 
partial protection of remaining upland forested areas designated as NFC 
on the Miami Rock Ridge. NFC regulations are designed to prevent 
clearing or destruction of native vegetation within preserved areas. 
Miami-Dade County Code typically allows up to 20 percent of pine 
rocklands designated as NFC to be developed, and requires that the 
remaining 80 percent be placed under a perpetual covenant. The code 
requires that no more than 10 percent of a rockland hammock designated 
as NFC may be developed for properties greater than 5 acres and that 
the remaining 90 percent be placed under a perpetual covenant for 
preservation purposes (Joyner 2013a, 2014, pers. comm.; Lima 2014, 
pers. comm.). However, for properties less than 5 acres, up to one-half 
an acre may be cleared if the request is deemed a reasonable use of 
property; this allowance often may be greater than 20 percent (for pine 
rocklands) or 10 percent (for rockland hammock) of the property (Lima 
2014, pers. comm.). NFC landowners are also required to obtain an NFC 
permit for any work, including removal of nonnatives within the 
boundaries of the NFC on their property. When RER discovers unpermitted 
work, it takes appropriate enforcement action and seeks restoration 
when possible. The NFC program is responsible for ensuring that NFC 
permits are issued in accordance with the limitations and requirements 
of the county code and that appropriate NFC preserves are established 
and maintained in conjunction with the issuance of an NFC permit when 
development occurs. The NFC program currently regulates approximately 
600 pine rocklands or pine rocklands/hammock properties, comprising 
approximately 1,200 ha (3,000 ac) of habitat (Joyner 2013, pers. 
comm.).
    Although the NFC program is designed to protect rare and important 
upland (non-wetlands) habitats in south Florida, it is a regulatory 
strategy with limitations. For example, in certain circumstances where 
landowners can demonstrate that limiting development to 20 percent (for 
pine rocklands) or 10 percent (for rockland hammock) does not allow for 
``reasonable use'' of the property, additional development may be 
approved. Furthermore, Miami-Dade County Code provides for up to 100 
percent of the NFC to be developed in limited circumstances for parcels 
less than 2.02 ha (5 ac) in size and only requires coordination with 
landowners if they plan to develop property or perform work within the 
NFC designated area. Therefore, many of the existing private forested 
NFC parcels remain fragmented, without management obligations or 
preserve designation, as development has not been proposed at a level 
that would trigger the NFC regulatory requirements. Often, nonnative 
vegetation over time begins to dominate and degrade the undeveloped and 
unmanaged NFC landscape until it no longer meets the legal threshold of 
an NFC, which applies only to land dominated by native vegetation. When 
development of such degraded NFCs is proposed, Miami-Dade County Code 
requires delisting of the degraded areas as part of the development 
process. Property previously designated as NFC is removed from the list 
even before development is initiated because of the abundance of 
nonnative species, making it no longer considered to be jurisdictional 
or subject to the NFC protection requirements of Miami-Dade County Code 
(Grossenbacher 2013, pers. comm.).
Summary of Factor D
    Currently, Chamaecrista lineata var. keyensis, Chamaesyce deltoidea 
ssp. serpyllum, Linum arenicola, and Argythamnia blodgettii are found 
on Federal, State, and County lands; however, there is no regulatory 
mechanism in place that provides substantive protection of habitat or 
protection of potentially suitable habitat at this time. NPS and USFWS 
Refuge regulations provide protection at ENP and the Florida Keys 
Wildife Refuge Complex, respectively. The Act provides some protection 
for candidate species on NWRs and during intra-Service section 7 
consultations. State regulations provide protection against trade, but 
allow private landowners or their agents to clear or remove species on 
the Florida Regulated Plant Index. State Park regulations provide 
protection for plants within Florida State Parks. The NFC program in 
Miami is designed to protect rare and important upland (non-wetlands) 
habitats in south Florida; however, this regulatory strategy has 
several limitations (as described above) that reduce its ability to 
protect the four plants and their habitats.
    Although many populations of the four plants are afforded some 
level of protection because they are on public conservation lands, 
existing regulatory mechanisms have not led to a reduction or removal 
of threats posed to these plants by a wide array of sources (see 
discussions under Factor A, above, and Factor E, below).

Factor E. Other Natural or Manmade Factors Affecting Its Continued 
Existence

    Other natural or manmade factors affect Chamaecrista lineata var. 
keyensis, Chamaesyce deltoidea ssp. serpyllum, Linum arenicola, and 
Argythamnia blodgettii to varying degrees. Specific threats to these 
plants included in this factor consist of the spread of nonnative, 
invasive plants;

[[Page 58557]]

potentially incompatible management practices (such as mowing and 
herbicide use); direct impacts to plants from recreation and other 
human activities; small population size and isolation; effects of 
pesticide spraying on pollinators; climate change and sea level rise 
(SLR); and risks from environmental stochasticity (extreme weather) on 
these small populations. Each of these threats and its specific effect 
on these plants is discussed in detail below.
Nonnative Plant Species
    Nonnative, invasive plants compete with native plants for space, 
light, water, and nutrients, and make habitat conditions unsuitable for 
Chamaecrista lineata var. keyensis, Chamaesyce deltoidea ssp. 
serpyllum, Linum arenicola, and Argythamnia blodgettii, which prefer 
open conditions. Bradley and Gann (1999, pp. 13, 71-72) indicated that 
the control of nonnative plants is one of the most important 
conservation actions for these plants and a critical part of habitat 
maintenance.
    Nonnative plants have significantly affected pine rocklands, and 
threaten all occurrences of these four species to some degree (Bradley 
2006, pp. 25-26; Bradley and Gann 1999, pp. 18-19; Bradley and Saha 
2009, p. 25; Bradley and van der Heiden 2013, pp. 12-16). As a result 
of human activities, at least 277 taxa of nonnative plants have invaded 
pine rocklands throughout south Florida (Service 1999, p. 3-175). 
Neyraudia neyraudia (Burma reed) and Schinus terebinthifolius 
(Brazilian pepper) threaten all four species (Bradley and Gann 1999, 
pp. 13, 72). S. terebinthifolius, a nonnative tree, is the most 
widespread and one of the most invasive species. It forms dense 
thickets of tangled, woody stems that completely shade out and displace 
native vegetation (Loflin 1991, p. 19; Langeland and Craddock Burks 
1998, p. 54). Acacia auriculiformis (earleaf acacia), Rhynchelytrum 
repens (natal grass), Lantana camara (shrub verbena), and Albizia 
lebbeck (tongue tree) are some of the other nonnative species in pine 
rocklands. More species of nonnative plants could become problems in 
the future, such as Lygodium microphyllum (Old World climbing fern), 
which is a serious threat throughout south Florida. Nonnative plants in 
pine rocklands can also affect the characteristics of a fire when it 
does occur. Historically, pine rocklands had an open, low understory 
where natural fires remained patchy with low temperature intensity, 
thus sparing many native plants such as Chamaecrista lineata var. 
keyensis, Chamaesyce deltoidea ssp. serpyllum, Linum arenicola, and 
Argythamnia blodgettii. Dense infestations of Neyraudia neyraudia and 
Schinus terebinthifolius cause higher fire temperatures and longer 
burning periods. With the presence of invasive, nonnative species, it 
is uncertain how fire, even under a managed situation, will affect 
these plants.
    At least 162 nonnative plant species are known to invade rockland 
hammocks; impacts are particularly severe on the Miami Rock Ridge 
(Service 1999, pp. 3-135). Nonnative plant species have significantly 
affected rockland hammocks where Argythamnia blodgettii occurs and are 
considered one of the threats to the species (Snyder et al. 1990, p. 
273; Hodges and Bradley 2006, p. 14). In many Miami-Dade County parks, 
nonnative plant species comprise 50 percent of the flora in hammock 
fragments (Service 1999, pp. 3-135). Horvitz (et al. 1998, p. 968) 
suggests the displacement of native species by nonnative species in 
conservation and preserve areas is a complex problem with serious 
impacts to biodiversity conservation, as management in these areas 
generally does not protect native species and ecological processes, as 
intended. Problematic nonnative, invasive plants associated with 
rockland hammocks include Leucaena leucocephala (lead tree), Schinus 
terebinthifolius, Bischofia javanica (bishop wood), Syngonium 
podophyllum (American evergreen), Jasminum fluminense (Brazilian 
jasmine), Rubus niveus (mysore raspberry), Thelypteris opulenta 
(jeweled maiden fern), Nephrolepis multiflora (Asian swordfern), 
Schefflera actinophylla (octopus tree), Jasminum dichotomum (Gold Coast 
jasmine), Epipremnum pinnatum (centipede tongavine), and Nephrolepis 
cordifolia (narrow swordfern) (Possley 2013h-i, pers. comm.).
    Management of nonnative, invasive plants in pine rocklands and 
rockland hammocks in Miami-Dade County is further complicated because 
the vast majority of pine rocklands and rockland hammocks are small, 
fragmented areas bordered by urban development. In the Florida Keys, 
larger fragments are interspersed with development. Developed or 
unmanaged areas that contain nonnative species can act as a seed source 
for nonnatives, allowing them to continue to invade managed pine 
rocklands or rockland hammocks (Bradley and Gann 1999, p. 13).
    Nonnative plant species are also a concern on private lands, where 
often these species are not controlled due to associated costs, lack of 
interest, or lack of knowledge of detrimental impacts to the ecosystem. 
Undiscovered populations of the four plants on private lands could 
certainly be at risk. Overall, active management is necessary to 
control for nonnative species and to protect unique and rare habitats 
where the four plants occur (Snyder et al. 1990, p. 273).
Management of Roadsides and Disturbed Areas
    All four plants occur in disturbed areas such as roadsides and 
areas that formerly were pine rocklands. Linum arenicola is 
particularly vulnerable to management practices in these areas because 
nearly all populations of the species are currently found on disturbed 
sites. The large L. arenicola population at HARB and SOCSOUTH is 
located largely in areas that are regularly mowed. Similarly, the small 
population of L. arenicola at the Everglades Archery Range, which is 
owned by Miami-Dade County and managed as a part of Camp Owaissa Bauer, 
is growing along the edges of the unimproved perimeter road that is 
regularly mowed. Finally, the two populations of L. arenicola on canal 
banks are subject to mowing, herbicide treatments, and revegetation 
efforts (sodding) (Bradley and van der Heiden 2013, pp. 8-10). The 
population of Argythamnia blodgettii at Lignumvitae Key Botanical State 
Park grows around the perimeter of the large lawn around the residence. 
Maintenance activities and encroachment of exotic lawn grasses are 
potential threats to this population (Hodges and Bradley 2006, p. 14). 
At Windley Key State Park, A. blodgettii grows in two quarry bottoms. 
In the first, larger quarry, to the east of the visitor center, plants 
apparently persist only in natural areas not being mowed. However, the 
majority of the plants are in the farthest quarry, which is not mowed 
(Hodges and Bradley 2006, p. 15).
    While no studies have investigated the effect of mowing on the four 
plants, research has been conducted on the federally endangered Linum 
carteri var. carteri (Carter's small-flowered flax, a close relative of 
Linum arenicola that also occurs in pine rocklands and disturbed 
sites). The study found significantly higher densities of plants at the 
mown sites where competition with other plants is decreased (Maschinski 
and Walters 2007, p. 56). However, plants growing on mown sites were 
shorter, which may affect fruiting magnitude. While mowing did not 
usually kill adult plants, if mowing occurred prior to plants reaching 
reproductive status, it could delay

[[Page 58558]]

reproduction (Maschinski and Walters 2007, pp. 56-57). If such mowing 
occurs repeatedly, reproduction of those plants would be entirely 
eliminated. If, instead, mowing occurs at least 3 weeks after 
flowering, there would be a higher probability of adults setting fruit 
prior to mowing; mowing may then act as a positive disturbance by both 
scattering seeds and reducing competition (Maschinski and Walters 2007, 
p. 57). The exact impacts of mowing thus depend on the timing of the 
mowing event, rainfall prior to and following mowing, and the numbers 
of plants in the population that have reached a reproductive state.
    Herbicide applications, the installation of sod, and dumping may 
affect populations of the four plants that occur on roadsides, canals 
banks, and other disturbed sites. Signs of herbicide application were 
noted at the site of the Big Torch Key roadside population of Linum 
arenicola in 2010 (Hodges 2010, p. 2). At the L-31 E canal site, plants 
of L. arenicola were lost on the levee close to Card Sound Road due to 
the installation of Bahia grass (Paspalum conjugatum) sod in recent 
years, an activity associated with the installation of new culverts. If 
similar projects are planned, other erosion control measures should be 
investigated that do not pose a threat to L. arenicola (Bradley and Van 
Der Heiden 2013, p. 10). Illegal dumping of storm-generated trash after 
Hurricane Wilma had a large impact on roadside populations of plants in 
the lower Florida Keys (Hodges and Bradley 2006, pp. 11-12, 19, 39).
    All populations of the four plants that occur on disturbed sites 
are vulnerable to regular maintenance activities such as mowing and 
herbicide applications, and dumping. This includes portions of all 
populations of Chamaecrista lineata var. keyensis and Chamaesyce 
deltoidea ssp. serpyllum, 10 of 12 Linum arenicola populations, and 5 
of 34 Argythamnia blodgettii populations. All roadside populations are 
also vulnerable to infrastructure projects such as road widening and 
installation of underground cable, sewer, and water lines.
Pesticide Effects on Pollinators
    Another possible anthropogenic threat to the four plants is current 
application of insecticides throughout these plants' ranges to control 
mosquito populations. Currently, an aerial insecticide (1,2-dibromo-
2,2-dichloroethyl dimethyl phosphate) and ground insecticide 
(Permethrin) are applied sometimes as frequently as daily in May 
through November in many parts of south Florida. Nontarget effects of 
mosquito control may include the loss of pollinating insects upon which 
certain plants depend.
    Koptur and Liu (2003, p. 1184) reported a decrease in Chamaecrista 
lineata var. keyensis pollinator activity following mosquito spraying 
on Big Pine Key. Mosquito spraying is common on Big Pine Key, and its 
suppression of pollinator populations may have a long-term impact on 
reproduction rates. Similar problems with mosquito spraying and effects 
of forest fragmentation and proximity to homes and business may also be 
impacting Chamaesyce deltoidea ssp. serpyllum and Linum arenicola 
(Bradley 2006, p. 36).
Environmental Stochasticity
    Endemic species whose populations exhibit a high degree of 
isolation and narrow geographic distribution, such as Chamaecrista 
lineata var. keyensis, Chamaesyce deltoidea ssp. serpyllum, Linum 
arenicola, and Argythamnia blodgettii, are extremely susceptible to 
extinction from both random and nonrandom catastrophic natural or 
human-caused events. Of the four species, Argythamnia blodgettii is 
probably less vulnerable because of the larger number of sites where it 
occurs throughout Miami-Dade and Monroe Counties. Small populations of 
species, without positive growth rates, are considered to have a high 
extinction risk from site-specific demographic and environmental 
stochasticity (Lande 1993, pp. 911-927).
    The climate of south Florida is driven by a combination of local, 
regional, and global weather events and oscillations. There are three 
main ``seasons'': (1) The wet season, which is hot, rainy, and humid 
from June through October; (2) the official hurricane season that 
extends one month beyond the wet season (June 1 through November 30), 
with peak season being August and September; and (3) the dry season, 
which is drier and cooler, from November through May. In the dry 
season, periodic surges of cool and dry continental air masses 
influence the weather with short-duration rain events followed by long 
periods of dry weather.
    Florida is considered the most vulnerable State in the United 
States to hurricanes and tropical storms (Florida Climate Center, 
http://coaps.fsu.edu/climate_center). Based on data gathered from 1856 
to 2008, Klotzbach and Gray (2009, p. 28) calculated the climatological 
probabilities for each State being impacted by a hurricane or major 
hurricane in all years over the 152-year timespan. Of the coastal 
States analyzed, Florida had the highest climatological probabilities, 
with a 51 percent probability of a hurricane (Category 1 or 2) and a 21 
percent probability of a major hurricane (Category 3 or higher). From 
1856 to 2008, Florida experienced 109 hurricanes, 36 of which were 
considered major hurricanes. Given the few isolated populations and 
restricted range of the four plants in locations prone to storm 
influences (i.e., Miami-Dade and Monroe Counties), they are at 
substantial risk from hurricanes, storm surges, and other extreme 
weather events.
    Hurricanes, storm surge, and extreme high tide events are natural 
events that can pose a threat to the four plants. Hurricanes and 
tropical storms can modify habitat (e.g., through storm surge) and have 
the potential to destroy entire populations. Climate change may lead to 
increased frequency and duration of severe storms (Golladay et al. 
2004, p. 504; McLaughlin et al. 2002, p. 6074; Cook et al. 2004, p. 
1015). The four plants experienced these disturbances historically, but 
had the benefit of more abundant and contiguous habitat to buffer them 
from extirpations. With most of the historical habitat having been 
destroyed or modified, the few remaining populations of these plants 
could face local extirpations due to stochastic events.
    The Florida Keys were impacted by three hurricanes in 2005: Katrina 
on August 26, Rita on September 20, and Wilma on October 24. Hurricane 
Wilma had the largest impact, with storm surges flooding much of the 
landmass of the Keys. In some places this water impounded and sat for 
days. The vegetation in many areas was top-killed due to salt water 
inundation (Hodges and Bradley 2006, p. 9). Flooding kills plants that 
do not have adaptations to tolerate anoxic soil conditions that persist 
after flooding; the flooding and resulting high salinities might also 
impact soil seed banks of the four plants (Bradley and Saha 2009, pp. 
27-28). After hurricane Wilma, the herb layer in pine rocklands in 
close proximity to the coast was brown with few plants having live 
material above ground (Bradley 2006, p. 11). Subsequent surveys found 
no Linum arenicola and little Chamaecrista lineata var. keyensis or 
Chamaesyce deltoidea ssp. serpyllum in areas where they previously 
occurred. Not only did the storm surge kill the vegetation, but many of 
the roadside areas were heavily disturbed by dumping and removal of 
storm debris (Bradley 2006, p. 37). Estimates of the population sizes 
pre- and post-Wilma were calculated for Chamaesyce

[[Page 58559]]

deltoidea ssp. serpyllum and Chamaecrista lineata var. keyensis. Each 
declined in the months following the storm, by 41.2 percent and 48.0 
percent, respectively (Bradley and Saha 2009, p. 2). L. arenicola was 
not found at all in surveys 8 to 9 weeks after the hurricane (Bradley 
2006, p. 36). The Middle Torch Key population was extirpated after 
Hurricane Wilma, and the population on Big Torch Key declined 
drastically, with only one individual located. Both of these areas were 
heavily affected by storm surges during Hurricane Wilma (Hodges 2010, 
p. 2). As of 2013, populations of Chamaecrista lineata var. keyensis, 
Chamaesyce deltoidea ssp. serpyllum, and L. arenicola in the Florida 
Keys have not returned to pre-Hurricane Wilma levels (Bradley et al. 
2015, pp. 21, 25, 29).
    Some climate change models predict increased frequency and duration 
of severe storms, including hurricanes and tropical storms (McLaughlin 
et al. 2002, p. 6074; Cook et al. 2004, p. 1015; Golladay et al. 2004, 
p. 504). Other models predict hurricane and tropical storm frequencies 
in the Atlantic are expected to decrease between 10 and 30 percent by 
2100 (Knutson et al. 2008, pp. 1-21). For those models that predict 
fewer hurricanes, predictions of hurricane wind speeds are expected to 
increase by 5 to 10 percent due to an increase in available energy for 
intense storms. Increases in hurricane winds can elevate the chances of 
damage to existing canopy and increase storm surge heights.
    All populations of the four plants are vulnerable to hurricane wind 
damage. Populations close to the coast and all populations of the four 
plants in the Florida Keys are vulnerable to inundation by storm surge. 
Historically, the four plant species may have benefitted from more 
abundant and contiguous habitat to buffer them from storm events. The 
small size of many populations of these plants makes them especially 
vulnerable, in which the loss of even a few individuals could reduce 
the viability of a single population. The destruction and modification 
of native habitat, combined with small population size, has likely 
contributed over time to the stress, decline, and, in some instances, 
extirpation of populations or local occurrences due to stochastic 
events.
    Due to the small size of some existing populations of Chamaecrista 
lineata var. keyensis, Linum arenicola, and Argythamnia blodgettii (see 
below) and the narrow geographic range of all four plant species, their 
overall resilience to these factors is likely low. These factors, 
combined with additional stress from habitat loss and modification 
(e.g., inadequate fire management) may increase the inherent risk of 
stochastic events that impact these plants. For these reasons, all four 
plants are at risk of extirpation during extreme stochastic events. Of 
the four species, Argythamnia blodgettii is probably less vulnerable 
because of the larger number of sites where it occurs throughout Miami-
Dade and Monroe Counties.
Small Population Size and Isolation
    Endemic species whose populations exhibit a high degree of 
isolation are extremely susceptible to extinction from both random and 
nonrandom catastrophic natural or human-caused events. Species that are 
restricted to geographically limited areas are inherently more 
vulnerable to extinction than widespread species because of the 
increased risk of genetic bottlenecks, random demographic fluctuations, 
climate change, and localized catastrophes such as hurricanes and 
disease outbreaks (Mangel and Tier 1994, p. 607; Pimm et al. 1998, p. 
757). These problems are further magnified when populations are few and 
restricted to a very small geographic area, and when the number of 
individuals is very small. Populations with these characteristics face 
an increased likelihood of stochastic extinction due to changes in 
demography, the environment, genetics, or other factors (Gilpin and 
Soule 1986, pp. 24-34). Small, isolated populations often exhibit 
reduced levels of genetic variability, which diminishes the species' 
capacity to adapt and respond to environmental changes, thereby 
decreasing the probability of long-term persistence (e.g., Barrett and 
Kohn 1991, p. 4; Newman and Pilson 1997, p. 361). Very small plant 
populations may experience reduced reproductive vigor due to 
ineffective pollination or inbreeding depression. Isolated individuals 
have difficulty achieving natural pollen exchange, which limits the 
production of viable seed. The problems associated with small 
population size and vulnerability to random demographic fluctuations or 
natural catastrophes are further magnified by synergistic interactions 
with other threats, such as those discussed above (see Factors A and 
C).
    Chamaecrista lineata var. keyensis and Chamaesyce deltoidea ssp. 
serpyllum both have large populations on Big Pine Key. The other extant 
occurrence of Chamaecrista lineata var. keyensis in the Florida Keys, 
on Cudjoe Key, is small. Five out of 12 extant Linum arenicola 
populations, and 20 of 34 Argythamnia blodgettii populations have fewer 
than 100 individuals. These small populations are at risk of adverse 
effects from reduced genetic variation, an increased risk of inbreeding 
depression, and reduced reproductive output. Many of these populations 
are small and isolated from each other, decreasing the likelihood that 
they could be naturally reestablished in the event that extinction from 
one location would occur. Argythamnia blodgettii is the only one of the 
four plants species which occurs in ENP, where a population of over 
2,000 plants is stable and prescribed fire and other management 
activities that benefit A. blodgettii are conducted on a regular basis.
Climate Change and Sea Level Rise
    Climatic changes, including sea level rise (SLR), are occurring in 
the State of Florida and are impacting associated plants, animals, and 
habitats. Our analyses under the Act include consideration of ongoing 
and projected changes in climate. The term ``climate,'' as defined by 
the Intergovernmental Panel on Climate Change (IPCC), refers to the 
mean and variability of different types of weather conditions over 
time, with 30 years being a typical period for such measurements, 
although shorter or longer periods also may be used (IPCC 2013, p. 
1450). The term ``climate change'' thus refers to a change in the mean 
or variability of one or more measures of climate (e.g., temperature or 
precipitation) that persists for an extended period, typically decades 
or longer, whether the change is due to natural variability, human 
activity, or both (IPCC 2013, p. 1450). A recent compilation of climate 
change and its effects is available from reports of the 
Intergovernmental Panel on Climate Change (IPCC) (IPCC 2013, entire).
    Scientific measurements spanning several decades demonstrate that 
changes in climate are occurring, and that the rate of change has been 
faster since the 1950s. Examples include warming of the global climate 
system, and substantial increases in precipitation in some regions of 
the world and decreases in other regions. (For these and other 
examples, see IPCC 2007a, p. 30; Solomon et al. 2007, pp. 35-54, 82-
85). Results of scientific analyses presented by the IPCC show that 
most of the observed increase in global average temperature since the 
mid-20th century cannot be explained by natural variability in climate, 
and is ``very likely'' (defined by the IPCC as 90 percent or higher 
probability) due to the observed increase in greenhouse gas (GHG) 
concentrations in the atmosphere

[[Page 58560]]

as a result of human activities, particularly carbon dioxide emissions 
from use of fossil fuels (IPCC 2007a, pp. 5-6 and figures SPM.3 and 
SPM.4; Solomon et al. 2007, pp. 21-35). Further confirmation of the 
role of GHGs comes from analyses by Huber and Knutti (2011, p. 4), who 
concluded it is extremely likely that approximately 75 percent of 
global warming since 1950 has been caused by human activities.
    Scientists use a variety of climate models, which include 
consideration of natural processes and variability, as well as various 
scenarios of potential levels and timing of GHG emissions, to evaluate 
the causes of changes already observed and to project future changes in 
temperature and other climate conditions (e.g., Meehl et al. 2007, 
entire; Ganguly et al. 2009, pp. 11555, 15558; Prinn et al. 2011, pp. 
527, 529). All combinations of models and emissions scenarios yield 
very similar projections of increases in the most common measure of 
climate change, average global surface temperature (commonly known as 
global warming), until about 2030. Although projections of the 
magnitude and rate of warming differ after about 2030, the overall 
trajectory of all the projections is one of increased global warming 
through the end of this century, even for the projections based on 
scenarios that assume that GHG emissions will stabilize or decline. 
Thus, there is strong scientific support for projections that warming 
will continue through the 21st century, and that the magnitude and rate 
of change will be influenced substantially by the extent of GHG 
emissions (IPCC 2007a, pp. 44-45; Meehl et al. 2007, pp. 760-764, 797-
811; Ganguly et al. 2009, pp. 15555-15558; Prinn et al. 2011, pp. 527, 
529). (See IPCC 2007b, p. 8, for a summary of other global projections 
of climate-related changes, such as frequency of heat waves and changes 
in precipitation. Also see IPCC 2011 (entire) for a summary of 
observations and projections of extreme climate events.)
    Various changes in climate may have direct or indirect effects on 
species. These effects may be positive, neutral, or negative, and they 
may change over time, depending on the species and other relevant 
considerations, such as interactions of climate with other variables 
(e.g., habitat fragmentation) (IPCC 2007, pp. 8-14, 18-19). Identifying 
likely effects often involves aspects of climate change vulnerability 
analysis. Vulnerability refers to the degree to which a species (or 
system) is susceptible to, and unable to cope with, adverse effects of 
climate change, including climate variability and extremes. 
Vulnerability is a function of the type, magnitude, and rate of climate 
change and variation to which a species is exposed, its sensitivity, 
and its adaptive capacity (IPCC 2007a, p. 89; see also Glick et al. 
2011, pp. 19-22). There is no single method for conducting such 
analyses that applies to all situations (Glick et al. 2011, p. 3). We 
use our expert judgment and appropriate analytical approaches to weigh 
relevant information, including uncertainty, in our consideration of 
various aspects of climate change.
    As is the case with all stressors that we assess, even if we 
conclude that a species is currently affected or is likely to be 
affected in a negative way by one or more climate-related impacts, it 
does not necessarily follow that the species meets the definition of an 
``endangered species'' or a ``threatened species'' under the Act. If a 
species is listed as endangered or threatened, knowledge regarding the 
vulnerability of the species to, and known or anticipated impacts from, 
climate-associated changes in environmental conditions can be used to 
help devise appropriate strategies for its recovery.
    Global climate projections are informative, and, in some cases, the 
only or the best scientific information available for us to use. 
However, projected changes in climate and related impacts can vary 
substantially across and within different regions of the world (e.g., 
IPCC 2007a, pp. 8-12). Therefore, we use ``downscaled'' projections 
when they are available and have been developed through appropriate 
scientific procedures, because such projections provide higher 
resolution information that is more relevant to spatial scales used for 
analyses of a given species (see Glick et al. 2011, pp. 58-61, for a 
discussion of downscaling).
    With regard to our analysis for Chamaecrista lineata var. keyensis, 
Chamaesyce deltoidea ssp. serpyllum, Linum arenicola, and Argythamnia 
blodgettii, downscaled projections suggest that SLR is the largest 
climate-driven challenge to low-lying coastal areas in the subtropical 
ecoregion of southern Florida (U.S. Climate Change Science Program 
(USCCSP) 2008, pp. 5-31, 5-32). All populations of the four plants 
occur at elevations from 2.83-4.14 m (9.29-13.57 ft) above sea level, 
making these plants highly susceptible to increased storm surges and 
related impacts associated with SLR.
    We acknowledge that the drivers of SLR (especially contributions of 
melting glaciers) are not completely understood, and there is 
uncertainty with regard to the rate and amount of SLR. This uncertainty 
increases as projections are made further into the future. For this 
reason, we examine threats to the species within the range of 
projections found in recent climate change literature.
    The long-term record at Key West shows that sea level rose on 
average 0.229 cm (0.090 in) annually between 1913 and 2013 (National 
Oceanographic and Atmospheric Administration (NOAA) 2013, p. 1). This 
equates to approximately 22.9 cm (9.02 in) over the last 100 years. 
IPCC (2008, p. 28) emphasized it is very likely that the average rate 
of SLR during the 21st century will exceed the historical rate. The 
IPCC Special Report on Emission Scenarios (2000, entire) presented a 
range of scenarios based on the computed amount of change in the 
climate system due to various potential amounts of anthropogenic 
greenhouse gases and aerosols in 2100. Each scenario describes a future 
world with varying levels of atmospheric pollution leading to 
corresponding levels of global warming and corresponding levels of SLR. 
The IPCC Synthesis Report (2007, entire) provided an integrated view of 
climate change and presented updated projections of future climate 
change and related impacts under different scenarios.
    Subsequent to the 2007 IPCC Report, the scientific community has 
continued to model SLR. Recent peer-reviewed publications indicate a 
movement toward increased acceleration of SLR. Observed SLR rates are 
already trending along the higher end of the 2007 IPCC estimates, and 
it is now widely held that SLR will exceed the levels projected by the 
IPCC (Rahmstorf et al. 2012, p. 1; Grinsted et al. 2010, p. 470). Taken 
together, these studies support the use of higher end estimates now 
prevalent in the scientific literature. Recent studies have estimated 
global mean SLR of 1.0-2.0 m (3.3-6.6 ft) by 2100 as follows: 0.75-1.90 
m (2.50-6.20 ft; Vermeer and Rahmstorf 2009, p. 21530); 0.8-2.0 m (2.6-
6.6 ft; Pfeffer et al. 2008, p. 1342); 0.9-1.3 m (3.0-4.3 ft; Grinsted 
et al. 2010, pp. 469-470); 0.6-1.6 m (2.0-5.2 ft; Jevrejeva et al. 
2010, p. 4); and 0.5-1.4 m (1.6-4.6 ft; National Research Council 2012, 
p. 2).
    Other processes expected to be affected by projected warming 
include temperatures, rainfall (amount, seasonal timing, and 
distribution), and storms (frequency and intensity) (see 
``Environmental Stochasticity'', above). Models where sea surface 
temperatures are increasing also show a higher probability of more 
intense storms (Maschinski et al. 2011, p. 148). The

[[Page 58561]]

Massachusetts Institute of Technology (MIT) modeled several scenarios 
combining various levels of SLR, temperature change, and precipitation 
differences with human population growth, policy assumptions, and 
conservation funding changes. All of the scenarios, from small climate 
change shifts to major changes, indicate significant effects on coastal 
Miami-Dade County. The Science and Technology Committee of the Miami-
Dade County Climate Change Task Force (Wanless et al. 2008, p. 1) 
recognizes that significant SLR is a serious concern for Miami-Dade 
County in the near future. In a January 2008 statement, the committee 
warned that sea level is expected to rise at least 0.9-1.5 m (3.0-5.0 
ft) within this century (Wanless et al. 2008, p. 3). With a 0.9-1.2 m 
(3.0-4.0 ft) rise in sea level (above baseline) in Miami-Dade County, 
spring high tides would be at about 1.83-2.13 m (6.0-7.0 ft); 
freshwater resources would be gone; the Everglades would be inundated 
on the west side of Miami-Dade County; the barrier islands would be 
largely inundated; storm surges would be devastating to coastal habitat 
and associated species; and landfill sites would be exposed to erosion, 
contaminating marine and coastal environments. Freshwater and coastal 
mangrove wetlands will be unable to keep up with or offset SLR of 0.61 
m (2.0 ft) per century or greater. With a 1.52 m (5.0 ft) rise, Miami-
Dade County will be extremely diminished (Wanless et al. 2008, pp. 3-
4).
    SLR projections from various scenarios have been downscaled by TNC 
(2011; entire) and Zhang et al. (2011; entire) for the Florida Keys. 
Using the IPCC best-case, low pollution scenario, a rise of 18 cm (7 
in) (a rate close to the historical average reported above) would 
result in the inundation of 23,796 ha (58,800 acres) or 38.2 percent of 
the Florida Keys upland area by the year 2100 (TNC 2011, p. 25). Under 
the IPCC worst-case, high pollution scenario, a rise of 59 cm (23.2 in) 
would result in the inundation of 46,539 ha (115,000 acres) or 74.7 
percent of the Florida Keys upland area by the year 2100 (TNC 2011, p. 
25). Using Rahmstorf et al.'s (2007; p. 368) SLR projections of 100 to 
140 cm, 80.5 to 92.2 percent of the Florida Keys land area would be 
inundated by 2100. The Zhang et al. (2011, p. 136) study models SLR up 
to 1.8 m (5.9 ft) for the Florida Keys, which would inundate 93.6 
percent of the current land area of the Keys.
    Prior to inundations from SLR, there will likely be habitat 
transitions related to climate change, including changes to hydrology 
and increasing vulnerability to storm surge. Hydrology has a strong 
influence on plant distribution in coastal areas (IPCC 2008, p. 57). 
Such communities typically grade from salt to brackish to freshwater 
species. From the 1930s to 1950s, increased salinity contributed to the 
decline of cabbage palm forests in southwest Florida (Williams et al. 
1999, pp. 2056-2059), expansion of mangroves into adjacent marshes in 
the Everglades (Ross et al. 2000, pp. 101, 111), and loss of pine 
rocklands in the Keys (Ross et al. 1994, pp. 144, 151-155). In Florida, 
pine rocklands transition into rockland hammocks, and, as such, these 
habitat types are closely associated in the landscape. A study 
conducted in one pine rocklands location on Sugar Loaf Key (with an 
average elevation of 0.89 m (2.90 ft)) found an approximately 65 
percent reduction in an area occupied by South Florida slash pine over 
a 70-year period, with pine mortality and subsequent increased 
proportions of halophytic (salt-loving) plants occurring earlier at the 
lower elevations (Ross et al. 1994, pp. 149-152). During this same time 
span, local sea level had risen by 15 cm (6 in), and Ross et al. (1994, 
p. 152) found evidence of groundwater and soil water salinization. 
Extrapolating this situation to hardwood hammocks is not 
straightforward, but it suggests that changes in rockland hammock 
species composition may not be an issue in the immediate future (5-10 
years); however, over the long term (within the next 10-50 years), it 
may be an issue if current projections of SLR occur and freshwater 
inputs are not sufficient to maintain high humidities and prevent 
changes in existing canopy species through salinization (Saha et al. 
2011, pp. 22-25). Ross et al. (2009, pp. 471-478) suggested that 
interactions between SLR and pulse disturbances (e.g., storm surges) 
can cause vegetation to change sooner than projected based on sea level 
alone.
    Impacts from climate change including regional SLR have been 
studied for coastal hammocks but not rockland hammock habitat. Saha (et 
al. 2011, pp. 24-25) conducted a risk assessment on rare plant species 
in ENP and found that impacts from SLR have significant effects on 
imperiled taxa. This study also predicted a decline in the extent of 
coastal hammocks with initial SLR, coupled with a reduction in 
freshwater recharge volume and an increase in pore water (water filling 
spaces between grains of sediment) salinity, which will push hardwood 
species to the edge of their drought (freshwater shortage and 
physiological) tolerance, jeopardizing critically imperiled or endemic 
species, or both, with possible extirpation. In south Florida, SLR of 
1-2 m (3.3-6.6 ft) is estimated by 2100, which is on the higher end of 
global estimates for SLR. These projected increases in sea level pose a 
threat to coastal plant communities and habitats from mangroves at sea 
level to salinity-intolerant, coastal rockland hammocks where 
elevations are generally less than 2.00 m (6.1 ft) above sea level 
(Saha et al. 2011, p. 2). Loss or degradation of these habitats can be 
a direct result of SLR or in combination of several other factors, 
including diversion of freshwater flow, hurricanes, and exotic plant 
species infestations, which can ultimately pose a threat to rare plant 
populations (Saha et al. 2011, p. 24).
    Habitats for these species are restricted to relatively immobile 
geologic features separated by large expanses of flooded, inhospitable 
wetland or ocean, leading us to conclude that these habitats will 
likely not be able to migrate as sea level rises (Saha et al. 2011, pp. 
103-104). Because of the extreme fragmentation of remaining habitat and 
isolation of remaining populations, and the accelerating rate at which 
SLR is projected to occur (Grinsted et al. 2010, p. 470), it will be 
particularly difficult for these species to disperse to suitable 
habitat once existing sites that support them are lost to SLR. Patterns 
of development will also likely be significant factors influencing 
whether natural communities can move and persist (IPCC 2008, p. 57; 
CCSP 2008, pp. 7-6). The plant species face significant risks from 
coastal squeeze that occurs when habitat is pressed between rising sea 
levels and coastal development that prevents landward migration of 
species. The ultimate effect of these impacts is likely to result in 
reductions in reproduction and survival, and corresponding decreases in 
population numbers.
    Saha (et al. 2011, p. 4) suggested that the rising water table 
accompanying SLR will shrink the vadose zone (the area which extends 
from the top of the ground surface to the water table); increase 
salinity in the bottom portion of the freshwater lens, thereby 
increasing brackishness of plant-available water; and influence tree 
species composition of coastal hardwood hammocks based upon species-
level tolerance to salinity or drought or both. Evidence of population 
declines and shifts in rare plant communities, along with multi-trophic 
effects, already have been documented on the low-elevation islands of 
the

[[Page 58562]]

Florida Keys (Maschinski et al. 2011, p. 148).
    Direct losses to extant populations of all four plants are expected 
due to habitat loss and modification from SLR by 2100. We analyzed 
existing sites that support populations of the four plants using the 
National Oceanic and Atmospheric Administration (NOAA) Sea Level Rise 
and Coastal Impacts viewer. Below we discuss general implications of 
sea level rise within the range of projections discussed above on the 
current distribution of these species. The NOAA tool uses 1-foot 
increments, so the analysis is based on 0.91 m (3 ft) and 1.8 m (6 ft).
    Chamaecrista lineata var. keyensis: A 0.91-m (3-ft) rise would 
inundate most areas of Big Pine Key, and all areas of Cudjoe Key, that 
support Chamaecrista lineata var. keyensis, and reduce both Keys to 
several much smaller islands. The remaining uplands on these islands 
would likely transition to buttonwoods and saltmarshes, and would be 
extremely vulnerable to storm surge. This will further reduce and 
fragment these populations. A 1.8-m (6-ft) rise would completely 
inundate all areas that support C. lineata var. keyensis and eliminate 
all pine rocklands habitat within the historic range of the species.
    Chamaesyce deltoidea var. serpyllum: A 0.91-m (3-ft) rise would 
inundate most areas of Big Pine Key that support Chamaesyce deltoidea 
var. serpyllum, and reduce the Key to three to five much smaller 
islands. The remaining uplands would likely transition to buttonwoods 
and saltmarshes, and would be extremely vulnerable to storm surge. This 
will further reduce and fragment the population. A 1.8-m (6-ft) rise 
would completely inundate all areas that support C. deltoidea var. 
serpyllum and eliminate all pine rocklands habitat within the historic 
range of the species.
    Linum arenicola: In Miami-Dade County, a 0.91-m (3-ft) rise would 
inundate the area that supports a large extant population of Linum 
arenicola along L-31E canal. While other areas that support the species 
are located in higher elevation areas along the coastal ridge, changes 
in the salinity of the water table and soils, along with additional 
vegetation shifts in the region, are likely. Remaining uplands may 
transition to wetter, more salt-tolerant plant communities. This will 
further reduce and fragment the populations. A 1.8-m (6-ft) rise would 
inundate portions of the largest known population (HARB), as well the 
population along L-31E canal. The areas that support Linum arenicola at 
the Martinez and Richmond pinelands to the north would not be 
inundated, but pine rocklands in these areas may be reduced through 
transition to wetter, more salt-tolerant plant communities, as 
discussed above.
    In the Florida Keys, a 0.91-m (3-ft) rise would inundate most areas 
of Big Pine Key and Lower Sugarloaf Key, and all of the areas on Upper 
Sugarloaf Key and Big Torch Key, that support Linum arenicola, and 
reduce these Keys to numerous much smaller islands. The remaining 
uplands on these small islands would likely transition to buttonwoods 
and saltmarshes, and would be extremely vulnerable to further losses 
due to storm surge. This would further reduce and fragment the 
populations. A 1.8-m (6-ft) rise would completely inundate all areas 
that support Linum arenicola in the Florida Keys and eliminate all pine 
rocklands habitat within the historic range of the species in Monroe 
County.
    Argythamnia blodgettii: In Miami-Dade County, a 0.91-m (3-ft) rise 
would not inundate any extant populations of Argythamnia blodgettii 
because these habitats are located in higher elevation areas along the 
coastal ridge. However, changes in the salinity of the water table and 
soils, along with additional vegetation shifts in the region, are 
likely. Remaining uplands may likely transition to wetter, more salt-
tolerant plant communities. This will further reduce and fragment the 
populations. A 1.8-m (6-ft) rise would inundate portions of Crandon 
Park, making it unsuitable for A. blodgettii. Other areas that support 
A. blodgettii, including the Martinez and Richmond pinelands to the 
north, and Long Pine Key in ENP, would not be inundated, but habitats 
in these areas may be reduced through transition to wetter, more salt-
tolerant plant communities, as discussed above.
    In the Florida Keys, a 0.91-m (3-ft) rise would reduce the area of 
islands in the upper Keys, but extant populations on Key Largo, Windley 
Key, and Lignumvitae Key are less vulnerable than the Middle and Lower 
Keys, which are at lower elevations. Lower Matecumbe Key, Plantation 
Key, Vaca Key, Big Pine Key, and Big Munson Island would be fragmented 
and reduced to numerous much smaller islands. The remaining uplands on 
these small islands would likely transition to buttonwoods and 
saltmarshes, and would be extremely vulnerable further losses to storm 
surge. This would further reduce and fragment the populations. A 1.8-m 
(6-ft) rise would completely inundate all areas that support 
Argythamnia blodgettii south of Lignumvitae Key. Key Largo, Windley 
Key, and Lignumvitae Key are the only existing areas supporting extant 
populations that could continue to support a population given a 1.8-m 
(5.9-ft) sea level rise.
Conservation Efforts To Reduce Other Natural or Manmade Factors 
Affecting Its Continued Existence
    NPS, the Service, Miami-Dade County, and the State of Florida have 
ongoing nonnative plant management programs to reduce threats on public 
lands, as funding and resources allow. In Miami-Dade County, nonnative, 
invasive plant management is very active, with a goal to treat all 
publicly owned properties at least once a year and more often in many 
cases. IRC and FTBG conduct research and monitoring in various natural 
areas within Miami-Dade County and the Florida Keys for various 
endangered plant species and nonnative, invasive species.
Summary of Factor E
    We have analyzed threats from other natural or manmade factors 
including: nonnative, invasive plants; management practices used on 
roadsides and disturbed sites (such as mowing, sodding, and herbicide 
use); pesticide spraying and its effects on pollinators; environmental 
stochasticity; effects from small population size and isolation; and 
the effects of climate change, including SLR. The related risks from 
hurricanes and storm surge act together to impact populations of all 
four plants. Some of these threats (e.g., nonnative species) may be 
reduced on public lands due to active programs by Federal, State, and 
county land managers. Many of the remaining populations of these plants 
are small and geographically isolated, and genetic variability is 
likely low, increasing the inherent risk due to overall low resilience 
of these plants.

Cumulative Effects of Threats

    When two or more threats affect populations of the four plants, the 
effects of those threats could interact or become compounded, producing 
a cumulative adverse effect that is greater than the impact of either 
threat alone. The most obvious cases in which cumulative adverse 
effects would be significant are those in which small populations 
(Factor E) are affected by threats that result in destruction or 
modification of habitat (Factor A). The limited distributions and small 
population sizes of many populations of the four plants make them 
extremely susceptible to the detrimental effects of further habitat 
modification, degradation, and loss, as well as other anthropogenic 
threats. Mechanisms

[[Page 58563]]

leading to the decline of the four plants, as discussed above, range 
from local (e.g., agriculture) to regional (e.g., development, 
fragmentation, nonnative species) to global influences (e.g., climate 
change, SLR). The synergistic effects of threats, such as impacts from 
hurricanes on a species with a limited distribution and small 
populations, make it difficult to predict population viability. While 
these stressors may act in isolation, it is more probable that many 
stressors are acting simultaneously (or in combination) on populations 
of these four plants, making them more vulnerable.

Proposed Determination

    We have carefully assessed the best scientific and commercial data 
available regarding the past, present, and future threats to 
Chamaecrista lineata var. keyensis, Chamaesyce deltoidea ssp. 
serpyllum, Linum arenicola, and Argythamnia blodgettii. Numerous 
populations of all four plants have been extirpated from these species' 
historical ranges, and the primary threats of habitat destruction and 
modification resulting from human population growth and development, 
agricultural conversion, and inadequate fire management (Factor A); 
competition from nonnative, invasive species (Factor E); changes in 
climatic conditions, including SLR (Factor E); and natural stochastic 
events (Factor E) remain threats for existing populations. Existing 
regulatory mechanisms have not led to a reduction or removal of threats 
posed to the four plants from these factors (see Factor D discussion, 
above). These threats are ongoing, rangewide, and expected to continue 
in the future. A significant percentage of populations of Chamaecrista 
lineata var. keyensis, Linum arenicola, and Argythamnia blodgettii are 
relatively small and isolated from one another, and their ability to 
recolonize suitable habitat is unlikely without human intervention, if 
at all. The threats have had and will continue to have substantial 
adverse effects on the four plants and their habitats. Although 
attempts are ongoing to alleviate or minimize some of these threats at 
certain locations, all populations appear to be impacted by one or more 
threats.
    The Act defines an endangered species as ``any species which is in 
danger of extinction throughout all or a significant portion of its 
range'' and a threatened species as ``any species which is likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range.''
    As described in detail above, Chamaecrista lineata var. keyensis, 
Chamaesyce deltoidea ssp. serpyllum, and Linum arenicola are currently 
at risk throughout all of their range due to the immediacy, severity, 
significance, timing, and scope of those threats. Impacts from these 
threats are ongoing and increasing; singly or in combination, these 
threats place these three plants in danger of extinction. The risk of 
extinction is high because the populations are small, are isolated, and 
have limited to no potential for recolonization. Numerous threats are 
currently ongoing and are likely to continue in the foreseeable future, 
at a high intensity and across the entire range of these plants. 
Furthermore, natural stochastic events and changes in climatic 
conditions pose a threat to the persistence of these plants, especially 
in light of the fact these events cannot be controlled and mitigation 
measures have yet to be addressed. Individually and collectively, all 
these threats can contribute to the local extirpation and potential 
extinction of these plant species. Because these threats are placing 
them in danger of extinction throughout their ranges, we have 
determined that each of these three plants meets the definition of an 
endangered species. Therefore, on the basis of the best available 
scientific and commercial information, we propose to list Chamaecrista 
lineata var. keyensis, Chamaesyce deltoidea ssp. serpyllum, and Linum 
arenicola as endangered species in accordance with sections 3(6) and 
4(a)(1) of the Act. We find that threatened species status is not 
appropriate for Chamaecrista lineata var. keyensis, Chamaesyce 
deltoidea ssp. serpyllum, and Linum arenicola because of the contracted 
range of each species and because the threats are occurring rangewide, 
are ongoing, and are expected to continue into the future.
    Throughout its range, Argythamnia blodgettii faces threats similar 
to the other three plant species that are the subjects of this proposed 
rule. However, we find that endangered species status is not 
appropriate for A. blodgettii. While we have evidence of threats under 
Factors A, D, and E affecting the species, insufficient data are 
available to identify the trends in extant populations. Six populations 
are extant, 11 are extirpated, and we are uncertain of the status of 14 
populations that have not been surveyed in 15 years or more. 
Additionally, data show that the threat of habitat loss from sea level 
rise is not as severe for this species. Also, A. blodgettii is likely 
less vulnerable because of the larger number of sites where it occurs 
throughout Miami-Dade and Monroe Counties. Further, A. blodgettii is 
the only one of the four plants species that occurs in ENP, where a 
population of over 2,000 plants is stable and prescribed fire and other 
management activities that benefit A. blodgettii are conducted on a 
regular basis. Therefore, based on the best available information, we 
find that A. blodgettii is likely to become an endangered species 
within the foreseeable future throughout all or a significant portion 
of its range, and we propose to list the species as a threatened 
species in accordance with sections 3(20) and 4(a)(1) of the Act.

Significant Portion of the Range

    Under the Act and our implementing regulations, a species may 
warrant listing if it is endangered or threatened throughout all or a 
significant portion of its range. The threats to the survival of 
Chamaecrista lineata var. keyensis, Chamaesyce deltoidea ssp. 
serpyllum, Linum arenicola, and Argythamnia blodgettii occur throughout 
these species' ranges and are not restricted to any particular 
significant portion of those ranges. Accordingly, our assessment and 
proposed determination applies to each of the four plants throughout 
its entire range. Because we have determined that Chamaecrista lineata 
var. keyensis, Chamaesyce deltoidea ssp. serpyllum, and Linum arenicola 
meet the definition of endangered species, and Argythamnia blodgettii 
meets the definition of a threatened species, throughout their ranges, 
no portion of their ranges can be ``significant'' for purposes of the 
definitions of ``endangered species'' and ``threatened species.'' See 
the Service's SPR Policy (79 FR 37578, July 1, 2014).

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition through listing results in public awareness, and 
conservation by Federal, State, Tribal, and local agencies; private 
organizations; and individuals. The Act encourages cooperation with the 
States and other countries and calls for recovery actions to be carried 
out for listed species. The protection required by Federal agencies and 
the prohibitions against certain activities are discussed, in part, 
below.
    The primary purpose of the Act is the conservation of endangered 
and threatened species and the ecosystems upon which they depend. The 
ultimate

[[Page 58564]]

goal of such conservation efforts is the recovery of these listed 
species, so that they no longer need the protective measures of the 
Act. Subsection 4(f) of the Act calls for the Service to develop and 
implement recovery plans for the conservation of endangered and 
threatened species. The recovery planning process involves the 
identification of actions that are necessary to halt or reverse the 
species' decline by addressing the threats to its survival and 
recovery. The goal of this process is to restore listed species to a 
point where they are secure, self-sustaining, and functioning 
components of their ecosystems.
    Recovery planning includes the development of a recovery outline 
shortly after a species is listed and preparation of a draft and final 
recovery plan. The recovery outline guides the immediate implementation 
of urgent recovery actions and describes the process to be used to 
develop a recovery plan. Revisions of the plan may be done to address 
continuing or new threats to the species, as new substantive 
information becomes available. The recovery plan also identifies 
recovery criteria for review of when a species may be ready for 
downlisting or delisting, and methods for monitoring recovery progress. 
Recovery plans also establish a framework for agencies to coordinate 
their recovery efforts and provide estimates of the cost of 
implementing recovery tasks. Recovery teams (composed of species 
experts, Federal and State agencies, nongovernmental organizations, and 
stakeholders) are often established to develop recovery plans. If these 
four plant species are listed, a recovery outline, draft recovery plan, 
and the final recovery plan will be available on our Web site (http://www.fws.gov/endangered), or from our South Florida Ecological Services 
Field Office (see FOR FURTHER INFORMATION CONTACT).
    Implementation of recovery actions generally requires the 
participation of a broad range of partners, including other Federal 
agencies, States, Tribes, nongovernmental organizations, businesses, 
and private landowners. Examples of recovery actions include habitat 
restoration (e.g., restoration of native vegetation), research, captive 
propagation and reintroduction, and outreach and education. The 
recovery of many listed species cannot be accomplished solely on 
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires 
cooperative conservation efforts on private, State, and Tribal lands. 
If these four plant species are listed, funding for recovery actions 
will be available from a variety of sources, including Federal budgets, 
State programs, and cost share grants for non-Federal landowners, the 
academic community, and nongovernmental organizations. In addition, 
pursuant to section 6 of the Act, the State of Florida would be 
eligible for Federal funds to implement management actions that promote 
the protection or recovery of the four plants. Information on our grant 
programs that are available to aid species recovery can be found at: 
http://www.fws.gov/grants.
    Although Chamaecrista lineata var. keyensis, Chamaesyce deltoidea 
ssp. serpyllum, Linum arenicola, and Argythamnia blodgettii are only 
proposed for listing under the Act at this time, please let us know if 
you are interested in participating in recovery efforts for this 
species. Additionally, we invite you to submit any new information on 
these plants whenever it becomes available and any information you may 
have for recovery planning purposes (see FOR FURTHER INFORMATION 
CONTACT).
    Section 7(a) of the Act requires Federal agencies to evaluate their 
actions with respect to any species that is proposed or listed as an 
endangered or threatened species and with respect to its critical 
habitat, if any is designated. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(4) of the Act requires Federal agencies to 
confer with the Service on any action that is likely to jeopardize the 
continued existence of a species proposed for listing or result in 
destruction or adverse modification of proposed critical habitat, if 
designated. If a species is listed subsequently, section 7(a)(2) of the 
Act requires Federal agencies to ensure that activities they authorize, 
fund, or carry out are not likely to jeopardize the continued existence 
of the species or destroy or adversely modify its critical habitat. If 
a Federal action may affect a listed species or its critical habitat, 
if designated, the responsible Federal agency must enter into 
consultation with the Service.
    Federal agency actions within the species' habitat that may require 
conference or consultation or both as described in the preceding 
paragraph include management and any other landscape-altering 
activities on Federal lands administered by the Service, NPS, and 
Department of Defense; issuance of section 404 Clean Water Act permits 
by the U.S. Army Corps of Engineers; construction and management of gas 
pipeline and power line rights-of-way by the Federal Energy Regulatory 
Commission; construction and maintenance of roads or highways by the 
Federal Highway Administration; and disaster relief efforts conducted 
by the Federal Emergency Management Agency.
    With respect to endangered plants, prohibitions outlined at 50 CFR 
17.61 make it illegal for any person subject to the jurisdiction of the 
United States to import or export, transport in interstate or foreign 
commerce in the course of a commercial activity, sell or offer for sale 
in interstate or foreign commerce, or to remove and reduce to 
possession any such plant species from areas under Federal 
jurisdiction. In addition, for endangered plants, the Act prohibits 
malicious damage or destruction of any such species on any area under 
Federal jurisdiction, and the removal, cutting, digging up, or damaging 
or destroying of any such species on any other area in knowing 
violation of any State law or regulation, or in the course of any 
violation of a State criminal trespass law. Exceptions to these 
prohibitions are outlined in 50 CFR 17.62. With respect to threatened 
plants, 50 CFR 17.71 provides that, with certain exceptions, all of the 
prohibitions outlined at 50 CFR 17.61 for endangered plants also apply 
to threatened plants. Permit exceptions to the prohibitions for 
threatened plants are outlined in 50 CFR 17.72.
    Preservation of native flora of Florida through Florida Statutes 
581.185, sections (3)(a) and (3)(b), provide limited protection to 
species listed in the State of Florida Regulated Plant Index including 
Chamaecrista lineata var. keyensis, Chamaesyce deltoidea ssp. 
serpyllum, Linum arenicola, and Argythamnia blodgettii, as described 
under the Factor D discussion, above. Federal listing would increase 
protection for these plants by making violations of section 3 of the 
Florida Statute punishable as a Federal offense under section 9 of the 
Act. This would provide increased protection from unauthorized 
collecting and vandalism for the plants on State and private lands, 
where they might not otherwise be protected by the Act, and would 
increase the severity of the penalty for unauthorized collection, 
vandalism, or trade in these plants.
    The Service acknowledges that it cannot fully address some of the 
natural threats facing Chamaecrista lineata var. keyensis, Chamaesyce 
deltoidea ssp. serpyllum, Linum arenicola, and Argythamnia blodgettii, 
(e.g., hurricanes, storm surge) or even some of the other significant, 
long-term threats (e.g., climatic changes, SLR). However,

[[Page 58565]]

through listing, we could provide protection to the known populations 
and any new population of these plants that may be discovered (see 
discussion below). With listing, we could also influence Federal 
actions that may potentially impact these plants (see discussion 
below); this is especially valuable if these plants are found at 
additional locations. With listing, we would also be better able to 
deter illicit collection and trade.
    We may issue permits to carry out otherwise prohibited activities 
involving endangered or threatened plants under certain circumstances. 
Regulations governing permits for endangered plants are codified at 50 
CFR 17.62, and for threatened plants at 50 CFR 17.72. With regard to 
endangered plants, the Service may issue a permit authorizing any 
activity otherwise prohibited by 50 CFR 17.61 for scientific purposes 
or for enhancing the propagation or survival of endangered plants.
    It is our policy, as published in the Federal Register on July 1, 
1994 (59 FR 34272), to identify to the maximum extent practicable at 
the time a species is proposed for listing or listed, those activities 
that would or would not constitute a violation of section 9 of the Act. 
The intent of this policy is to increase public awareness of the effect 
of a proposed listing on proposed and ongoing activities within the 
range of species proposed for listing. Based on the best available 
information, the following actions would be unlikely to result in a 
violation of section 9, if these activities were carried out in 
accordance with existing regulations and permit requirements; this list 
is not comprehensive:
    (1) Import any such species into, or export any of the four plant 
species from, the United States.
    (2) Remove and reduce to possession any of the four plant species 
from areas under Federal jurisdiction; maliciously damage or destroy 
any of the four plant species on any such area; or remove, cut, dig up, 
or damage or destroy any of the four plant species on any other area in 
knowing violation of any law or regulation of any State or in the 
course of any violation of a State criminal trespass law.
    (3) Deliver, receive, carry, transport, or ship in interstate or 
foreign commerce, by any means whatsoever and in the course of a 
commercial activity, any of the four plant species.
    (4) Sell or offer for sale in interstate or foreign commerce any of 
the four plant species.
    (5) Introduce any nonnative wildlife or plant species to the State 
of Florida that compete with or prey upon Chamaecrista lineata var. 
keyensis, Chamaesyce deltoidea ssp. serpyllum, Linum arenicola, or 
Argythamnia blodgettii.
    (6) Release any unauthorized biological control agents that attack 
any life stage of Chamaecrista lineata var. keyensis, Chamaesyce 
deltoidea ssp. serpyllum, Linum arenicola, or Argythamnia blodgettii.
    (7) Manipulate or modify, without authorization, the habitat of 
Chamaecrista lineata var. keyensis, Chamaesyce deltoidea ssp. 
serpyllum, Linum arenicola, or Argythamnia blodgettii on Federal lands.
    Questions regarding whether specific activities would constitute a 
violation of section 9 of the Act should be directed to the Field 
Supervisor of the Service's South Florida Ecological Services Field 
Office (see FOR FURTHER INFORMATION CONTACT). Requests for copies of 
regulations regarding listed species and inquiries about prohibitions 
and permits should be addressed to the U.S. Fish and Wildlife Service, 
Ecological Services Division, Endangered Species Permits, 1875 Century 
Boulevard, Atlanta, GA 30345 (phone 404-679-7140; fax 404-679-7081).
    If Chamaecrista lineata var. keyensis, Chamaesyce deltoidea ssp. 
serpyllum, Linum arenicola, and Argythamnia blodgettii are listed under 
the Act, the State of Florida's Endangered Species Act (Florida 
Statutes 581.185) is automatically invoked, which would also prohibit 
take of these plants and encourage conservation by State government 
agencies. Further, the State may enter into agreements with Federal 
agencies to administer and manage any area required for the 
conservation, management, enhancement, or protection of endangered 
species (Florida Statutes 581.185). Funds for these activities could be 
made available under section 6 of the Act (Cooperation with the 
States). Thus, the Federal protection afforded to these plants by 
listing them as endangered species would be reinforced and supplemented 
by protection under State law.
    Activities that the Service believes could potentially harm these 
four plants 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 as clearing vegetation for construction of 
residences, facilities, trails, and roads.
    (3) Actions that would introduce nonnative species that would 
significantly alter vegetation structure or composition. Such 
activities may include, but are not limited to, residential and 
commercial development, and road construction.
    (4) Application of herbicides, or release of contaminants, in areas 
where these plants occur. Such activities may include, but are not 
limited to, natural resource management, management of right of ways, 
residential and commercial development, and road construction.

Critical Habitat

    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 
protection; 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 3(3) of the Act defines conservation as to use and 
the use of all methods and procedures which are necessary to bring any 
endangered species or threatened species to the point at which the 
measures provided pursuant to the Act are no longer necessary.''
    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12), require that, to the maximum extent 
prudent and determinable, the Secretary will designate critical habitat 
at the time the species is determined to be an endangered or threatened 
species. Our regulations (50 CFR 424.12(a)(1)) state that the 
designation of critical habitat is not prudent when one or both of the 
following situations exist:
    (1) The species is threatened by taking or other human activity, 
and identification of critical habitat can be expected to increase the 
degree of threat to the species, or
    (2) Such designation of critical habitat would not be beneficial to 
the species.
    There is currently no imminent threat of take attributed to 
collection or vandalism under Factor B for these species, and 
identification and mapping of critical habitat is not expected to 
initiate any such threat. Therefore, in the absence of finding that the 
designation of critical habitat would increase threats to a species, if 
there are

[[Page 58566]]

any benefits to a critical habitat designation, a finding that 
designation is prudent is warranted. Here, the potential benefits of 
designation include: (1) Triggering consultation under section 7 of the 
Act, in new areas for actions in which there may be a Federal nexus 
where it would not otherwise occur because, for example, it is 
unoccupied; (2) focusing conservation activities on the most essential 
features and areas; (3) providing educational benefits to State or 
county governments or private entities; and (4) preventing people from 
causing inadvertent harm to these species.
    Because we have determined that the designation of critical habitat 
will not likely increase the degree of threat to the species and may 
provide some measure of benefit, we determine that designation of 
critical habitat is prudent for Chamaecrista lineata var. keyensis, 
Chamaesyce deltoidea ssp. serpyllum, Linum arenicola, and Argythamnia 
blodgettii.
    Our regulations (50 CFR 424.12(a)(2)) further state that critical 
habitat is not determinable when one or both of the following 
situations exists: (1) Information sufficient to perform required 
analysis of the impacts of the designation is lacking; or (2) the 
biological needs of the species are not sufficiently well known to 
permit identification of an area as critical habitat. On the basis of a 
review of available information, we find that critical habitat for 
Chamaecrista lineata var. keyensis, Chamaesyce deltoidea ssp. 
serpyllum, Linum arenicola, and Argythamnia blodgettii is not 
determinable because the specific information sufficient to perform the 
required analysis of the impacts of the designation is currently 
lacking.

Required Determinations

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you feel lists or tables would be 
useful, etc.

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act, need not be prepared in connection with 
listing a species as an endangered or threatened species under the Act. 
We published a notice outlining our reasons for this determination in 
the Federal Register on October 25, 1983 (48 FR 49244).

References Cited

    A complete list of references cited in this rulemaking is available 
on the Internet at http://www.regulations.gov and upon request from the 
South Florida Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT).

Authors

    The primary authors of this proposed rule are the staff members of 
the South Florida Ecological Services Field Office.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--[AMENDED]

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. Amend Sec.  17.12(h) by adding entries for Argythamnia blodgettii, 
Chamaecrista lineata var. keyensis, Chamaesyce deltoidea ssp. 
serpyllum, and Linum arenicola, in alphabetical order under FLOWERING 
PLANTS, to the List of Endangered and Threatened Plants to read as set 
forth below:


Sec.  17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Species
---------------------------------------------------   Historic range         Family           Status      When listed       Critical      Special rules
        Scientific name             Common name                                                                             habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
FLOWERING PLANTS
 
                                                                      * * * * * * *
Argythamnia blodgettii.........  Blodgett's         U.S.A. (FL)......  Euphorbiaceae....  T............  .............  NA.............  NA
                                  silverbush.
 
                                                                      * * * * * * *
Chamaecrista lineata var.        Big Pine           U.S.A. (FL)......  Fabaceae.........  E............  .............  NA.............  NA
 keyensis.                        partridge pea.
 
                                                                      * * * * * * *
Chamaesyce deltoidea ssp.        Wedge spurge.....  U.S.A. (FL)......  Euphorbiaceae....  E............  .............  NA.............  NA
 serpyllum.
 
                                                                      * * * * * * *
Linum arenicola................  Sand flax........  U.S.A. (FL)......  Linaceae.........  E............  .............  NA.............  NA
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 58567]]

* * * * *

    Dated: September 9, 2015.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2015-24291 Filed 9-28-15; 8:45 am]
 BILLING CODE 4310-55-P



                                                                                                           Vol. 80                           Tuesday,
                                                                                                           No. 188                           September 29, 2015




                                                                                                           Part II


                                                                                                           Department of the Interior
                                                                                                           Fish and Wildlife Service
                                                                                                           50 CFR Part 17
                                                                                                           Endangered and Threatened Wildlife and Plants; Endangered Species
                                                                                                           Status for Chamaecrista Lineata Var. Keyensis (Big Pine Partridge Pea),
                                                                                                           Chamaesyce Deltoidea Ssp. Serpyllum (Wedge Spurge), and Linum
                                                                                                           Arenicola (Sand Flax), and Threatened Species Status for Argythamnia
                                                                                                           Blodgettii (Blodgett’s Silverbush); Proposed Rule
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                                                      58536               Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules

                                                      DEPARTMENT OF THE INTERIOR                              MS: BPHC, 5275 Leesburg Pike, Falls                   blodgettii consist primarily of habitat
                                                                                                              Church, VA 22041–3803.                                loss and modification through urban
                                                      Fish and Wildlife Service                                 We request that you send comments                   and agricultural development, and lack
                                                                                                              only by the methods described above.                  of adequate fire management (Factor A);
                                                      50 CFR Part 17                                          We will post all comments on http://                  and the proliferation of nonnative
                                                                                                              www.regulations.gov. This generally                   invasive plants, stochastic events
                                                      [Docket No. FWS–R4–ES–2015–0137];                       means that we will post any personal                  (hurricanes and storm surge),
                                                      [4500030113]                                            information you provide us (see Public                maintenance practices used on
                                                                                                              Comments, below, for more                             roadsides and disturbed sites, and sea
                                                      RIN 1018–AZ95
                                                                                                              information).                                         level rise (Factor E). Existing regulatory
                                                      Endangered and Threatened Wildlife                      FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                    mechanisms have not been adequate to
                                                      and Plants; Endangered Species                          Larry Williams, State Supervisor, U.S.                reduce or remove these threats (Factor
                                                      Status for Chamaecrista lineata var.                    Fish and Wildlife Service, South Florida              D).
                                                                                                                                                                      We will seek peer review. We will seek
                                                      keyensis (Big Pine Partridge Pea),                      Ecological Services Field Office, 1339
                                                                                                                                                                    comments from independent specialists
                                                      Chamaesyce deltoidea ssp. serpyllum                     20th Street, Vero Beach, FL 32960; by
                                                                                                                                                                    to ensure that our determinations are
                                                      (Wedge Spurge), and Linum arenicola                     telephone 772–562–3909; or by
                                                                                                                                                                    based on scientifically sound data,
                                                      (Sand Flax), and Threatened Species                     facsimile 772–562–4288. Persons who
                                                                                                                                                                    assumptions, and analyses. We will
                                                      Status for Argythamnia blodgettii                       use a telecommunications device for the               invite these peer reviewers to comment
                                                      (Blodgett’s Silverbush)                                 deaf (TDD) may call the Federal                       on this listing proposal.
                                                                                                              Information Relay Service (FIRS) at
                                                      AGENCY:   Fish and Wildlife Service,                    800–877–8339.                                         Information Requested
                                                      Interior.
                                                                                                              SUPPLEMENTARY INFORMATION:                            Public Comments
                                                      ACTION: Proposed rule.
                                                                                                              Executive Summary                                       We intend that any final action
                                                      SUMMARY:    We, the U.S. Fish and                                                                             resulting from this proposed rule will be
                                                                                                                 Why we need to publish a rule. Under
                                                      Wildlife Service (Service or USFWS),                                                                          based on the best scientific and
                                                                                                              the Act, if we determine that a species
                                                      propose to list four plants from south                                                                        commercial data available and be as
                                                                                                              is an endangered or threatened species
                                                      Florida under the Endangered Species                                                                          accurate and as effective as possible.
                                                                                                              throughout all or a significant portion of
                                                      Act of 1973, as amended (Act):                                                                                Therefore, we request comments or
                                                                                                              its range, we must publish a proposed
                                                      Chamaecrista lineata var. keyensis (Big                                                                       information from other concerned
                                                                                                              rule to list the species in the Federal
                                                      Pine partridge pea), Chamaesyce                                                                               governmental agencies, Native
                                                                                                              Register and make a determination on
                                                      deltoidea ssp. serpyllum (wedge                                                                               American tribes, the scientific
                                                                                                              our proposal within 1 year. Listing a
                                                      spurge), and Linum arenicola (sand flax)                                                                      community, industry, or any other
                                                                                                              species as an endangered or threatened
                                                      as endangered species, and                                                                                    interested parties concerning this
                                                                                                              species can only be completed by
                                                      Argythamnia blodgettii (Blodgett’s                                                                            proposed rule. We particularly seek
                                                                                                              issuing a rule.
                                                      silverbush) as a threatened species. If                                                                       comments concerning:
                                                                                                                 This rule proposes the listing of
                                                      we finalize this rule as proposed, it                                                                           (1) The four plants’ biology, range,
                                                                                                              Chamaecrista lineata var. keyensis,
                                                      would extend the Act’s protections to                                                                         and population trends, including:
                                                                                                              Chamaesyce deltoidea ssp. serpyllum,
                                                      these plants.                                                                                                   (a) Biological or ecological
                                                                                                              and Linum arenicola as endangered
                                                      DATES: We will accept comments                          species, and Argythamnia blodgettii as a              requirements of these plants, including
                                                      received or postmarked on or before                     threatened species. The four plants are               habitat requirements for establishment,
                                                      November 30, 2015. Comments                             candidate species for which we have on                growth, and reproduction;
                                                      submitted electronically using the                                                                              (b) Genetics and taxonomy;
                                                                                                              file sufficient information on biological               (c) Historical and current ranges,
                                                      Federal eRulemaking Portal (see                         vulnerability and threats to support
                                                      ADDRESSES, below) must be received by                                                                         including distribution patterns;
                                                                                                              preparation of a listing proposal, but for              (d) Historical and current population
                                                      11:59 p.m. Eastern Time on the closing                  which development of a listing rule has
                                                      date. We must receive requests for                                                                            levels, and current and projected trends;
                                                                                                              until now been precluded by other                     and
                                                      public hearings, in writing, at the                     higher priority listing activities. This                (e) Past and ongoing conservation
                                                      address shown in FOR FURTHER                            rule reassesses all available information             measures for the plants, their habitats,
                                                      INFORMATION CONTACT by November 13,                     regarding status of and threats to the                or both.
                                                      2015.                                                   four plants.                                            (2) Factors that may affect the
                                                      ADDRESSES: You may submit comments                         The basis for our action. Under the                continued existence of these plants,
                                                      by one of the following methods:                        Act, we may determine that a species is               which may include habitat modification
                                                         (1) Electronically: Go to the Federal                an endangered or threatened species                   or destruction, overutilization, disease,
                                                      eRulemaking Portal: http://                             based on any of five factors: (A) The                 predation, the inadequacy of existing
                                                      www.regulations.gov. In the Search box,                 present or threatened destruction,                    regulatory mechanisms, or other natural
                                                      enter FWS–R4–ES–2015–0137, which is                     modification, or curtailment of its                   or manmade factors.
                                                      the docket number for this rulemaking.                  habitat or range; (B) overutilization for               (3) Biological, commercial trade, or
                                                      Then, in the Search panel on the left                   commercial, recreational, scientific, or              other relevant data concerning any
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      side of the screen, under the Document                  educational purposes; (C) disease or                  threats (or lack thereof) to these plants
                                                      Type heading, click on the Proposed                     predation; (D) the inadequacy of                      and existing regulations that may be
                                                      Rules link to locate this document. You                 existing regulatory mechanisms; or (E)                addressing those threats.
                                                      may submit a comment by clicking on                     other natural or manmade factors                        (4) Current or planned activities in the
                                                      ‘‘Comment Now!’’                                        affecting its continued existence. We                 areas occupied by these plants and
                                                         (2) By hard copy: Submit by U.S. mail                have determined that the threats to                   possible impacts of these activities on
                                                      or hand-delivery to: Public Comments                    Chamaecrista lineata var. keyensis,                   these plants.
                                                      Processing, Attn: FWS–R4–ES–2015–                       Chamaesyce deltoidea ssp. serpyllum,                    (5) Additional information concerning
                                                      0137; U.S. Fish and Wildlife Service,                   Linum arenicola, and Argythamnia                      the biological or ecological requirements


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                                                                          Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules                                          58537

                                                      of these plants, including pollination                  Federal Register and local newspapers                    On November 28, 1983, we published
                                                      and pollinators.                                        at least 15 days before the hearing.                  a document in the Federal Register (48
                                                         (6) Scientific information or analysis                                                                     FR 53640) assigning a listing priority
                                                                                                              Peer Review
                                                      informing whether these plants more                                                                           number (LPN) to two of the four plant
                                                      closely meet the definition of                             In accordance with our joint policy on             species in accordance with our Listing
                                                      endangered or of threatened under the                   peer review published in the Federal                  Priority Guidance (48 FR 43098;
                                                      Act.                                                    Register on July 1, 1994 (59 FR 34270),               September 21, 1983). Argythamnia
                                                         Please include sufficient information                we will seek the expert opinions of at                blodgettii and Linum arenicola were
                                                      with your submission (such as scientific                least three appropriate and independent               assigned an LPN of 2, which meant that
                                                      journal articles or other publications) to              specialists regarding this proposed rule.             information that the Service possessed
                                                      allow us to verify any scientific or                    The purpose of peer review is to ensure               indicated that proposing to list as
                                                      commercial information you include.                     that our listing determinations are based             endangered or threatened was possibly
                                                         Please note that submissions merely                  on scientifically sound data,                         appropriate but we lacked substantial
                                                      stating support for or opposition to the                assumptions, and analyses. The peer                   information on biological vulnerability
                                                      action under consideration without                      reviewers have expertise in the biology,              and threat(s) to support a proposed
                                                                                                              habitat, and conservation status of these             listing.
                                                      providing supporting information,
                                                                                                              plants, which will inform our                            On September 27, 1985, we published
                                                      although noted, will not be considered
                                                                                                              determinations. We invite comment                     a document in the Federal Register (50
                                                      in making a determination, as section
                                                                                                              from the peer reviewers during the                    FR 39526) assigning LPNs to all four of
                                                      4(b)(1)(A) of the Act (16 U.S.C. 1531 et
                                                                                                              public comment period.                                the plant species in accordance with our
                                                      seq.) directs that determinations as to
                                                      whether any species is an endangered or                 Previous Federal Actions                              Listing Priority Guidance (48 FR 43098;
                                                      threatened species must be made                                                                               September 21, 1983). Argythamnia
                                                                                                                 On January 9, 1975, as directed by the             blodgettii and Linum arenicola both
                                                      ‘‘solely on the basis of the best scientific            Act, the Secretary for the Smithsonian
                                                      and commercial data available.’’                                                                              retained an LPN of 2, which meant that
                                                                                                              Institution submitted a report to                     information that the Service possessed
                                                         You may submit your comments and                     Congress on potential endangered and                  indicated that proposing to list as
                                                      materials concerning this proposed rule                 threatened plant species of the United                endangered or threatened was possibly
                                                      by one of the methods listed in the                     States (Smithsonian 1975, entire). The                appropriate but we lacked substantial
                                                      ADDRESSES section. We request that you                  report identified more than 3,000 plant               information on biological vulnerability
                                                      send comments only by the methods                       species as potentially either endangered              and threat(s) to support a proposed
                                                      described in the ADDRESSES section.                     or threatened, including Argythamnia                  listing. Chamaecrista lineata var.
                                                         If you submit information via http://                blodgettii, Chamaecrista lineata var.                 keyensis (under the former name Cassia
                                                      www.regulations.gov, your entire                        keyensis (under the former name Cassia                keyensis) and Chamaesyce deltoidea
                                                      submission—including any personal                       keyensis), Chamaesyce deltoidea ssp.                  ssp. serpyllum (under the former name
                                                      identifying information—will be posted                  serpyllum (under the name Chamaesyce                  Euphorbia deltoidea ssp. serpyllum)
                                                      on the Web site. If your submission is                  (Euphorbia) deltoidea ssp. serpyllum),                were both assigned an LPN of 1, which
                                                      made via a hardcopy that includes                       and Linum arenicola (Smithsonian                      meant the Service had on file
                                                      personal identifying information, you                   1975, pp. 56, 58, 61, 81). On July 1,                 substantial information on biological
                                                      may request at the top of your document                 1975, we published in the Federal                     vulnerability and threat(s) to support
                                                      that we withhold this information from                  Register (40 FR 27824) our notification               the appropriateness of proposing to list
                                                      public review. However, we cannot                       that we considered this report to be a                as endangered or threatened. We
                                                      guarantee that we will be able to do so.                petition to list the identified plants as             recognized at that time that any
                                                      We will post all hardcopy submissions                   either endangered or threatened under                 proposed listing action may take ‘‘some
                                                      on http://www.regulations.gov.                          the Act. The 1975 notice solicited                    years’’ because of the ‘‘large number of
                                                         Comments and materials we receive,                   information from Federal and State                    taxa’’ at issue.
                                                      as well as supporting documentation we                  agencies, and the public, on the status                  The 1990 candidate notice of review
                                                      used in preparing this proposed rule,                   of the species.                                       (CNOR) published in the Federal
                                                      will be available for public inspection                    On December 15, 1980, we published                 Register on February 21, 1990 (55 FR
                                                      on http://www.regulations.gov, or by                    in the Federal Register (45 FR 82480)                 6184). In that CNOR, Argythamnia
                                                      appointment, during normal business                     our notice of review of plant taxa for                blodgettii and Linum arenicola both
                                                      hours, at the U.S. Fish and Wildlife                    listing as endangered or threatened                   retained an LPN of 2, and Chamaecrista
                                                      Service, South Florida Ecological                       species. In that document, Argythamnia                lineata var. keyensis and Chamaesyce
                                                      Services Field Office (see FOR FURTHER                  blodgettii, Chamaecrista lineata var.                 deltoidea ssp. serpyllum both retained
                                                      INFORMATION CONTACT).                                   keyensis (under the former name Cassia                an LPN of 1. Candidate species are
                                                                                                              keyensis), Chamaesyce deltoidea ssp.                  assigned LPNs based on immediacy and
                                                      Public Hearing                                          serpyllum (under the former name                      magnitude of threats, as well as
                                                        Section 4(b)(5) of the Act provides for               Euphorbia deltoidea ssp. serpyllum),                  taxonomic status. The lower the LPN,
                                                      one or more public hearings on this                     and Linum arenicola were identified as                the higher priority that species is for us
                                                      proposal, if requested. Requests must be                Category 1 species (taxa for which we                 to determine appropriate action using
                                                      received within 45 days after the date of               had enough biological information to                  our available resources. We determined
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                                                      publication of this proposed rule in the                support listing as either endangered or               at that time that proposing to list was
                                                      Federal Register. Such requests must be                 threatened). As a result, we considered               warranted, but was precluded due to
                                                      sent to the address shown in the FOR                    all four plants to be candidates for                  workloads and priorities.
                                                      FURTHER INFORMATION CONTACT section.                    addition to the Federal List of                          All four plants remained on the
                                                      We will schedule public hearings on                     Endangered and Threatened Plants. The                 candidate list in the 1993 CNOR (58 FR
                                                      this proposal, if any are requested, and                1980 notice solicited information from                51144; September 30, 1993), with
                                                      announce the dates, times, and places of                Federal and State agencies, and the                   Argythamnia blodgettii and Linum
                                                      those hearings, as well as how to obtain                public, on the status of the four plant               arenicola both retaining an LPN of 2,
                                                      reasonable accommodations, in the                       species.                                              and Chamaecrista lineata var. keyensis


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                                                      58538               Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules

                                                      and Chamaesyce deltoidea ssp.                           September 12, 2006; 72 FR 69034,                      has one to several branched stems
                                                      serpyllum being assigned an LPN of 3C                   December 6, 2007; 73 FR 75176,                        arising from a contorted rootstock. New
                                                      (taxa that have proven to be more                       December 10, 2008; 74 FR 57804,                       branches are covered in soft, fuzzy
                                                      abundant or widespread than previously                  November 9, 2009; 75 FR 69222,                        hairs. The leaves are 1.7–4.0 cm (0.7–1.6
                                                      believed and/or those that are not                      November 10, 2010; 76 FR 66370,                       in) long, with 5 to 9 pairs of leaflets.
                                                      subject to any identifiable threat).                    October 26, 2011; 77 FR 69994,                        Flowers consist of five sepals 9–20 mm
                                                         The 1999 CNOR (64 FR 57534;                          November 21, 2012; 78 FR 70104,                       (0.4–0.8 in) long that are fused together
                                                      October 25, 1999) retained                              November 22, 2013; 79 FR 72450,                       near their bases; five yellow petals 11–
                                                      Chamaecrista lineata var. keyensis and                  December 5, 2014).                                    15 mm (0.4–0.6 in) long, with one
                                                      Chamaesyce deltoidea ssp. serpyllum as                     For all four of the plant species, the             slightly larger than the others; 10
                                                      candidates and assigned an LPN of 6 to                  2005 CNOR (70 FR 24870; May 11,                       reddish-purple stamens; and a single,
                                                      both, retained Linum arenicola as a                     2005) included a ‘‘warranted but                      elongate style. The fruit is an elongate
                                                      candidate and assigned an LPN of 2, and                 precluded’’ finding in response to a May              pod, roughly similar to that of a pea, 33–
                                                      retained Argythamnia blodgettii as a                    11, 2004, petition to list the species.               45 mm (1.3–1.8 in) long and 4.5–5.0 mm
                                                      candidate and assigned an LPN of 11.                       On May 10, 2011, as part of a                      (0.19–0.17 in) wide, with a soft fuzzy
                                                         Chamaecrista lineata var. keyensis                   settlement agreement with a plaintiff,                texture, which turns gray with age and
                                                      and Chamaesyce deltoidea ssp.                           the Service filed a proposed work plan                eventually split open to release seeds
                                                      serpyllum remained on the candidate                     with the U.S. District Court for the                  (Irwin and Barneby 1982, p. 757; Small
                                                      list from 2001 to 2006, with the LPN of                 District of Columbia. The work plan                   1933, pp. 662–663).
                                                      6 (66 FR 54808, October 30, 2001; 67 FR                 would enable the agency to, over a
                                                      40657, June 13, 2002; 69 FR 24876, May                                                                        Taxonomy
                                                                                                              period of 6 years, systematically review
                                                      4, 2004; 70 FR 24870, May 11, 2005; 71                  and address the needs of more than 250
                                                      FR 53756, September 12, 2006). In the                                                                            John Loomis Blodgett was the first to
                                                                                                              species listed within the 2010 CNOR,                  collect Chamaecrista lineata var.
                                                      December 6, 2007, CNOR (72 FR 69034),                   including Chamaecrista lineata var.
                                                      we changed the LPN of Chamaecrista                                                                            keyensis, sometime between 1838 and
                                                                                                              keyensis, Chamaesyce deltoidea ssp.                   1852, on Big Pine Key (Bradley and
                                                      lineata var. keyensis and Chamaesyce                    serpyllum, Linum arenicola, and
                                                      deltoidea ssp. serpyllum from a 6 to a                                                                        Gann 1999, p. 17). Pollard (1894, p. 217)
                                                                                                              Argythamnia blodgettii, to determine if               assigned the plants on Big Pine Key to
                                                      9 because the threats to the species were               these species should be added to the
                                                      found to be of lower magnitude than                                                                           the existing taxon Cassia grammica.
                                                                                                              Federal Lists of Endangered and                       John K. Small (1903, p. 587; 1913, p. 58)
                                                      previously known. Chamaecrista lineata                  Threatened Wildlife and Plants. This
                                                      var. keyensis and Chamaesyce deltoidea                                                                        followed this usage, but used the genus
                                                                                                              work plan would enable the Service to                 Chamaecrista (considered a subgenus
                                                      ssp. serpyllum remained on the                          again prioritize its workload based on
                                                      candidate list as published in the                                                                            within Cassia or a genus unto itself
                                                                                                              the needs of candidate species, while                 variously by many authors). In 1917,
                                                      CNORs from 2008 to 2014 with the LPN
                                                                                                              also providing State wildlife agencies,               Pennell (p. 344) recognized the Big Pine
                                                      of 9 (73 FR 75176, December 10, 2008;
                                                                                                              stakeholders, and other partners clarity              Key plant as a distinct endemic species,
                                                      74 FR 57804, November 9, 2009; 75 FR
                                                                                                              and certainty about when listing                      naming it Chamaecrista keyensis. This
                                                      69222, November 10, 2010; 76 FR
                                                                                                              determinations will be made. On July                  name was retained by Small (1933, p.
                                                      66370, October 26, 2011; 77 FR 69994,
                                                                                                              12, 2011, the Service reached an                      663) in his Manual of the Southeastern
                                                      November 21, 2012; 78 FR 70104,
                                                                                                              agreement with another plaintiff group                Flora. In an exhaustive study of Cassia
                                                      November 22, 2013; 79 FR 72450,
                                                                                                              and further strengthened the work plan,               and Chamaecrista, Irwin and Barneby
                                                      December 5, 2014).
                                                         Linum arenicola remained on the                      which would allow the agency to focus                 (1982, p. 757) assigned plants in Florida
                                                      candidate list from 2001 to 2009, with                  its resources on the species most in                  and parts of the West Indies to the
                                                      the LPN of 2 (66 FR 54808, October 30,                  need of protection under the Act. These               existing taxon Chamaecrista lineata,
                                                      2001; 67 FR 40657, June 13, 2002; 69 FR                 agreements were approved by the court                 and assigned the Big Pine Key plants to
                                                      24876, May 4, 2004; 70 FR 24870, May                    on September 9, 2011. The four species                var. keyensis, retaining them as endemic
                                                      11, 2005; 71 FR 53756, September 12,                    are proposed for listing pursuant to                  to the Florida Keys. Isely (1990, p. 33),
                                                      2006; 72 FR 69034, December 6, 2007;                    these agreements.                                     Wunderlin (1998, p. 348), and
                                                      73 FR 75176, December 10, 2008; 74 FR                   Background                                            Wunderlin and Hansen (2003, p. 441)
                                                      57804, November 9, 2009). In the                                                                              have followed this treatment. The
                                                      November 10, 2010, CNOR (75 FR                             It is our intent to discuss below only             online Atlas of Florida Vascular Plants
                                                      69222), we changed the LPN of L.                        those topics directly relevant to the                 (Wunderlin and Hansen 2014, p. 1) uses
                                                      arenicola from a 2 to a 5 because of the                listing of Chamaecrista lineata var.                  Chamaecrista lineata var. keyensis. The
                                                      threats to the species were found to be                 keyensis, Chamaesyce deltoidea ssp.                   Integrated Taxonomic Information
                                                      of lower magnitude than previously                      serpyllum, and Linum arenicola as                     System (2015, p. 1) uses the name
                                                      known and new data showing a larger                     endangered, and Argythamnia blodgettii                Chamaecrista lineata var. keyensis and
                                                      population. L. arenicola remained on                    as threatened, in this proposed rule.                 indicates that this taxonomy is
                                                      the candidate list as published in the                  Chamaecrista lineata var. keyensis (Big               accepted. Based upon the best available
                                                      CNORs from 2011 to 2014 with the LPN                    Pine partridge pea)                                   scientific information, Chamaecrista
                                                      of 5 (76 FR 66370, October 26, 2011; 77                                                                       lineata var. keyensis is a distinct taxon,
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                              Species Description                                   endemic to the lower Keys in Monroe
                                                      FR 69994, November 21, 2012; 78 FR
                                                      70104, November 22, 2013; 79 FR                            Chamaecrista lineata var. keyensis is              County, Florida. Synonyms are Cassia
                                                      72450, December 5, 2014).                               a small, prostrate to ascending,                      keyensis (Pennell) J.F. Macbr and
                                                         Argythamnia blodgettii remained on                   perennial, herbaceous shrub that is 10–               Chamaecrista keyensis Pennell.
                                                      the candidate list from 2001 to 2014,                   80 centimeters (cm) (3.9–31.5 inches                  Chamaecrista lineata var. keyensis is
                                                      with the LPN of 11 (66 FR 54808,                        (in)) tall, with yellow flowers and                   related to, and superficially resembles,
                                                      October 30, 2001; 67 FR 40657, June 13,                 pinnately compound leaves (each leaf                  Chamaecrista fasciculata, the partridge
                                                      2002; 69 FR 24876, May 4, 2004; 70 FR                   consists of a main stem with multiple                 pea, a common species which occurs
                                                      24870, May 11, 2005; 71 FR 53756;                       leaflets lined up along on each side). It             throughout Florida.


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                                                                          Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules                                          58539

                                                      Climate                                                 species, including numerous species                   outcroppings of rock occur. Typical
                                                         The climate of south Florida where                   endemic to South Florida. Outcrops of                 herbaceous species may include
                                                      Chamaecrista lineata var. keyensis                      weathered oolitic (small, rounded                     Andropogon spp.; Schizachyrium
                                                      occurs is classified as tropical savanna                particles or grains) limestone are                    gracile, S. rhizomatum, and S.
                                                      and is characterized by distinct wet and                common, and solution holes may be                     sanguineum (bluestem grasses); Aristida
                                                      dry seasons and a monthly mean                          present. This subtropical, pyrogenic                  purpurascens (arrowleaf threeawn);
                                                      temperature above 18 degrees Celsius                    flatland can be mesic or xeric depending              Sorghastrum secundum (lopsided
                                                                                                              on landscape position and associated                  indiangrass); Muhlenbergia capillaris
                                                      (°C) (64.4 degrees Fahrenheit (°F)) in
                                                                                                              natural communities (FNAI 2010a, p. 1).               (hairawn muhly); Rhynchospora
                                                      every month of the year (Gabler et al.
                                                                                                                 Pine rocklands occur on relatively                 floridensis (Florida white-top sedge);
                                                      1994, p. 211). Freezes can occur in the                 flat, moderately to well-drained terrain              Tragia saxicola (pineland noseburn);
                                                      winter months, but are rare at this                     from 2–7 meters (m) (6.5 to 23 feet (ft))             Echites umbellata (devil’s potato);
                                                      latitude in south Florida. Rainfall in the              above sea level (FNAI 2010a, p. 2). The               Croton linearis (pineland croton);
                                                      lower Keys, where C. lineata var.                       oolitic limestone is at or very near the              several species of Chamaesyce spp.
                                                      keyensis occurs exclusively, varies from                surface, and there is very little soil                (sandmats); Chamaecrista fasciculata
                                                      an annual average of 89–102 cm (35–40                   development. Soils are generally                      (partridge pea); Zamia pumila (coontie);
                                                      in). Approximately 75 percent of yearly                 composed of small accumulations of                    Anemia adiantifolia (maidenhair
                                                      rainfall occurs during the wet season                   nutrient-poor sand, marl, clayey loam,                pineland fern); Pteris bahamensis
                                                      from June through September (Snyder et                  and organic debris in depressions and                 (Bahama brake); and Pteridium
                                                      al. 1990, p. 238).                                      crevices in the rock surface. Organic                 aquilinum var. caudatum (lacy bracken)
                                                      Habitat                                                 acids occasionally dissolve the surface               (FNAI 2010a, p. 1).
                                                                                                              limestone causing collapsed depressions                  There are noticeable differences in
                                                         Chamaecrista lineata var. keyensis                   in the surface rock called solution holes             species composition between the pine
                                                      occurs in pine rocklands of the lower                   (FNAI 2010a, p. 1). Drainage varies                   rocklands found in the Florida Keys and
                                                      Florida Keys, and adjacent disturbed                    according to the porosity of the                      the mainland. The shrub layer in pine
                                                      sites, including roadsides.                             limestone substrate, but is generally                 rocklands occurring in the northern end
                                                         Pine Rocklands: Pine rocklands are a                 rapid. Consequently, most sites are wet               of the Miami Rock Ridge more closely
                                                      unique and highly imperiled ecosystem                   for only short periods following heavy                resembles pine flatwoods as a result of
                                                      found on limestone substrates in south                  rains. During the rainy season, however,              the amount of sandy soils in this area,
                                                      Florida and a few islands in the                        some sites may be shallowly inundated                 with species such as Lyonia fruticosa
                                                      Bahamas. In Florida, pine rocklands are                 by slow-flowing surface water for up to               (staggerbush), Quercus minima (dwarf
                                                      located on the Miami Rock Ridge in                      60 days each year (FNAI 2010a, p. 1).                 live oak), Quercus pumila (running oak),
                                                      present day Miami and in Everglades                        Pine rocklands have an open canopy                 and Vaccinium myrsinites (shiny
                                                      National Park, in the Florida Keys, and                 of South Florida slash pine, generally                blueberry) becoming more common
                                                      in the Big Cypress Swamp. While all                     with multiple age classes. The diverse,               (Snyder et al. 1990, p. 255). Pine
                                                      four plants in this proposed rule occur                 open shrub and subcanopy layer is                     rocklands in the lower Florida Keys
                                                      primarily in pine rocklands, they have                  composed of more than 100 species of                  have a subcanopy composed of several
                                                      not been recorded in the Big Cypress                    palms and hardwoods (FNAI 2010a, p.                   palms such as Thrinax morrisii, Thrinax
                                                      Swamp area. Pine rocklands differ to                    1), most derived from the tropical flora              radiata (Florida thatch palm), and
                                                      some degree between and within these                    of the West Indies (FNAI 2010a, p. 1).                Coccothrinax argentata, and hardwoods
                                                      areas with regard to substrate (e.g.,                   Many of these species vary in height                  such as Byrsonima lucida and Psidium
                                                      amount of exposed limestone, type of                    depending on fire frequency, getting                  longipes (Bradley 2006, p. 3). The
                                                      soil), elevation, hydrology, and species                taller with time since fire. These may                diversity of the herbaceous layer
                                                      composition (both plant and animal).                    include Serenoa repens (saw palmetto),                decreases as the density of the shrub
                                                         Pine rocklands occur in a mosaic with                Sabal palmetto (cabbage palm),                        layer increases (i.e., as understory
                                                      primarily two other natural community                   Coccothrinax argentata (silver palm),                 openness decreases), and pine rocklands
                                                      types—rockland hammock and marl                         Thrinax morrisii (Key thatch palm),                   on the mainland have a more diverse
                                                      prairie. Pine rocklands grade into                      Myrica cerifera (wax myrtle), Rapanea                 herbaceous layer due to the presence of
                                                      rockland hammock; pine rocklands have                   punctata (myrsine), Metopium                          temperate species and some tropical
                                                      an open pine canopy, and rockland                       toxiferum (poisonwood), Byrsonima                     species that do not occur in the Florida
                                                      hammock has a closed, hardwood                          lucida (locustberry), Dodonaea viscosa                Keys (FNAI 2010, p. 63).
                                                      canopy. Marl prairies differ from pine                  (varnishleaf), Tetrazygia bicolor                        Pine rocklands are maintained by
                                                      rocklands in having no pines, an                        (tetrazygia), Guettarda scabra (rough                 regular fire, and are susceptible to other
                                                      understory dominated by grasses and                     velvetseed), Ardisia escallonioides                   natural disturbances such as hurricanes,
                                                      sedges, and a minimal cover of shrubs                   (marlberry), Psidium longipes                         frost events, and sea level rise (SLR)
                                                      (FNAI 2010, p. 63).                                     (longstalked stopper), Sideroxylon                    (Ross et al. 1994). Fires historically
                                                         The total remaining acreage of pine                  salicifolium (willow bustic), and Rhus                burned on an interval of approximately
                                                      rocklands in Miami-Dade and Monroe                      copallinum (winged sumac). Short-                     every 3 to 7 years, and were typically
                                                      Counties is now 8,981 hectares (ha)                     statured shrubs may include Quercus                   started by lightning strikes during the
                                                      (22,079 acres (ac)) (approximately 8,140                elliottii (running oak), Randia aculeata              frequent summer thunderstorms (FNAI
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      ha (20,100 ac)) in Miami-Dade County,                   (white indigoberry), Crossopetalum                    2010a, p. 3). Mature South Florida slash
                                                      and 801 ha (1,979 ac) in the Florida                    ilicifolium (Christmas berry), Morinda                pine is highly fire-resistant (Snyder et
                                                      Keys (Monroe County).                                   royoc (redgal), and Chiococca alba                    al. 1990, p. 259). Above-ground portions
                                                         Pine rocklands are characterized by                  (snowberry).                                          of hardwood shrubs are typically killed
                                                      an open canopy of Pinus elliottii var.                     Grasses, forbs, and ferns make up a                by fire, but often resprout below ground;
                                                      densa (South Florida slash pine) with a                 diverse herbaceous layer ranging from                 palms typically produce new growth
                                                      patchy understory of tropical and                       mostly continuous in areas with more                  post-fire from their unaffected apical
                                                      temperate shrubs and palms and a rich                   soil development and little exposed                   buds. The amount of woody understory
                                                      herbaceous layer of mostly perennial                    rock to sparse where more extensive                   growth is directly related to the length


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                                                      58540               Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules

                                                      of time since the last fire. Herbaceous                 such as C. lineata var. keyensis are                  2005, Bradley (2006, p. 35) recorded
                                                      diversity declines with time since last                 found on road shoulders, the ground                   2,339 plants/ha (5,780 plants/ac), 23.4
                                                      fire. The ecotone between pine                          cover is dominated mostly by native                   percent and 9.0 percent of the 1955 and
                                                      rocklands and rockland hammock is                       herbs and grasses, and exotic lawn                    1972 estimates, respectively. Hurricane
                                                      abrupt when regular fire is present in                  grasses have not been planted.                        Wilma, which passed over Big Pine Key
                                                      the system. However, when fire is                       Maintaining the roadsides in this                     on October 24, 2005, generated storm
                                                      removed, the ecotone becomes more                       condition through regular mowing,                     surge in the lower Keys of up to 10 feet
                                                      gradual and subtle as hardwoods                         without planting sod, should continue                 (Bradley 2006, p. 11; Hodges 2010, p. 4).
                                                      encroach into the pineland (FNAI                        to provide suitable habitat for C. lineata            In 2007, density had dropped to 820
                                                      2010a, p. 3). If fire is excluded for 20 to             var. keyensis (Bradley 2006, p. 37).                  plant/ha (2,026 plants/ac) and had not
                                                      30 years, hardwoods will come to                                                                              fully rebounded after 9 years (Bradley et
                                                                                                              Historical Range
                                                      dominate the community and hammock                                                                            al. 2015, pp. 21–22). By 2013, density
                                                      conditions will prevail, which further                     Chamaecrista lineata var. keyensis is              had fallen to 657 plants/ha (1,624
                                                      discourage fires from spreading except                  endemic to the lower Florida Keys in                  plants/ac) (Bradley et al. 2015, p. 21). In
                                                      in drought conditions. Presently,                       Monroe County, Florida. Historical                    summary, the data from 2005 to 2013
                                                      prescribed fire must be periodically                    records exist for occurrences on five                 demonstrate a 63.8 percent decline in
                                                      introduced into pine rocklands to                       islands: Big Pine Key, No Name Key,                   the density of C. lineata var. keyensis on
                                                      sustain community structure, prevent                    Ramrod Key, Cudjoe Key, and Sugarloaf                 Big Pine Key (Bradley et al. 2015, p. 48).
                                                      invasion by woody species, maintain                     Key (Hodges and Bradley 2006, pp. 20–                    A second indicator, the frequency
                                                      high herbaceous diversity (Loope and                    21).                                                  which Chamaecrista lineata var.
                                                      Dunevitz 1981, pp. 5–6; FNAI 2010a, p.                  Current Range, Population Estimates,                  keyensis occurred in sample plots on
                                                      3), and prevent succession to rockland                  and Status                                            Big Pine Key from data collected in
                                                      hammock.                                                                                                      2005, 2007, and 2013, also show a
                                                         Pine rocklands are also susceptible to                  The current range of Chamaecrista
                                                                                                              lineata var. keyensis is Big Pine Key and             decline. Chamaecrista lineata var.
                                                      natural disturbances such as hurricanes                                                                       keyensis was present in 37 percent of
                                                      and other severe storms, during which                   Cudjoe Key. In 2007, Bradley and Saha
                                                                                                              (2009, pp. 9–11) surveyed Big Pine Key,               plots in 2005, and 19 percent of plots in
                                                      trees may be killed, thereby helping to                                                                       2013, respectively. This represents a 49
                                                      maintain the open canopy that is                        Cudjoe Key, Little Pine Key, No Name
                                                                                                              Key, and Sugarloaf Key (the five islands              percent reduction in the species
                                                      essential to pine rocklands plants.                                                                           frequency in study plots (Bradley et al.
                                                      During such events, pine rocklands near                 in the Florida Keys containing pine
                                                                                                              rocklands) and observed C. lineata var.               2015, p. 48).
                                                      the coast may be temporarily inundated
                                                                                                              keyensis only on Big Pine Key and                        A third indicator, total population
                                                      by saltwater, which can also kill or
                                                                                                              Cudjoe Key. It has not been reported                  size for Chamaecrista lineata var.
                                                      damage vegetation (Snyder et al. 1990,
                                                                                                              from other islands for some time                      keyensis on publicly owned pine
                                                      p. 251). These sporadic but potentially
                                                                                                              (Ramrod Key in 1911, No Name Key in                   rocklands on Big Pine Key (478 ha
                                                      major disturbances, along with burning,
                                                                                                              1916 (Hodges and Bradley 2006, p. 45),                (1,181 ac)), was estimated to be 866,659
                                                      create the dynamic nature of the pine
                                                                                                              and Lower Sugarloaf Key in 2005                       plants in 2005 (pre-Hurricane Wilma),
                                                      rocklands habitat. Some currently
                                                                                                              (Hodges and Bradley 2006, p. 21)).                    391,944 in 2007 (2 years post-Wilma),
                                                      unsuitable areas may become open in
                                                                                                              Accordingly, C. lineata var. keyensis is              and 313,914 in 2013 (8 years post-
                                                      the future, while areas currently open
                                                      may develop more dense canopy over                      considered extirpated from Ramrod Key,                Wilma). This represents a population
                                                      time, eventually rendering that portion                 No Name Key, and Lower Sugarloaf                      decrease of 64 percent (Bradley et al.
                                                      of the pine rocklands unsuitable for                    Key—3 of 5 (60 percent) of the islands                2015, p. 21).
                                                      pine rocklands endemic plants.                          where it was historically recorded                       The most recent estimate (2013) of the
                                                         Within pine rocklands habitat,                       (Bradley and Gann 1999, p. 18; Hodges                 Chamaecrista lineata var. keyensis
                                                      Chamaecrista lineata var. keyensis is                   and Bradley 2006, p. 21). Big Pine Key,               population on Big Pine Key is 313,914
                                                      associated with areas that have few                     Cudjoe Key, Little Pine Key, No Name                  plants (Bradley et al. 2015, p. 21). Since
                                                      hardwoods and overstory palms are                       Key, and Sugarloaf Key presently                      82 percent of the pine rocklands on Big
                                                      abundant (Bradley and Gann 1999, p                      contain pine rocklands habitat. No pine               Pine Key are publicly owned, this
                                                      17–18). C. lineata var. keyensis plants                 rocklands currently exist on Ramrod                   estimate likely accounts for the majority
                                                      are often in a clumped distribution                     Key.                                                  of the population. The most recent
                                                      surrounded by large areas of bare, open                    Population data for Chamaecrista                   estimate of the population on Cudjoe
                                                      rock that do not support plant growth                   lineata var. keyensis have been collected             Key is 150 plants (Hodges and Bradley
                                                      (Bradley 2006, p. 3). C. lineata var.                   periodically on Big Pine Key since 1955.              2006, p. 21).
                                                      keyensis is widespread in pine                          Because of the size of Big Pine Key,                     The decline in Chamaecrista lineata
                                                      rocklands of Big Pine Key, but more                     sample study plots were used, as                      var. keyensis can be largely attributed to
                                                      frequent in the northern part of the                    opposed to a complete search of all                   loss of pine rocklands habitat to
                                                      island (Bradley 2006, p. 13). It is also                potential habitat. Multiple indicators                development and modification of this
                                                      more frequent in the interior of pine                   show that the population on Big Pine                  habitat due to inadequate fire
                                                      rocklands than on coastal edges                         Key has declined over the past 60 years               management. Folk (1991, p. 188)
                                                      (Bradley 2006, p. 13; Bradley and Saha                  (Bradley 2006, p. 35). Dickson (1955)                 estimated that pine rocklands
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      2009, p. 9). C. lineata var. keyensis is                and Alexander and Dickson (1972)                      historically covered 1,049 ha (2,592 ac),
                                                      more abundant in areas with relatively                  reported densities of C. lineata var.                 about 44 percent of Big Pine Key. Pine
                                                      higher elevation (Bradley and Saha                      keyensis from plots they established on               rocklands now cover approximately 582
                                                      2009, p. 26), low shrub density, and a                  Big Pine Key in 1951 and 1969,                        ha (1,438 ac) of Big Pine Key, 56 percent
                                                      diverse herb layer (Bradley 2006, p. 37).               respectively. Dickson (1955) reports a                of the historical estimate by Folk (1991)
                                                         Roadsides: Roadsides are a potentially               mean density of 10,764 plants/ha                      (Bradley 2006, p. 4). Hurricanes and
                                                      important habitat for Chamaecrista                      (26,599 plants/ac). Alexander and                     associated storm surge have also
                                                      lineata var. keyensis (Bradley 2006, p.                 Dickson (1972) report a mean density of               impacted population levels. These
                                                      21). Where pine rocklands endemics                      27,871 plants/ha (68,872 plants/ac). In               factors are discussed in detail below,


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                                                                             Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules                                                                               58541

                                                      under Summary of Biological Status and
                                                      Threats.

                                                          TABLE 1—SUMMARY OF THE STATUS AND TRENDS OF THE KNOWN OCCURRENCES OF CHAMAECRISTA LINEATA VAR.
                                                                                                                                              KEYENSIS

                                                                                                                                                     Most recent
                                                                  Population                                 Ownership                                                                                 Status                              Trend
                                                                                                                                                  population estimate

                                                      Big Pine Key ..........................   USFWS,1 FWC 2 Monroe                       313, 914 (2014) 4 ..................        Extant 4 ..................................   Declining.4
                                                                                                  County, private.
                                                      Cudjoe Key ............................   USFWS,1 FWC 2 ...................          150 (2005) 3 ..........................     Extant 3 ..................................   Insufficient data.
                                                      Lower Sugar Loaf Key ...........          USFWS,1 FWC 2, Monroe                      3 (2005) 3 ..............................   Extirpated 3.
                                                                                                  County.
                                                      No Name Key ........................      unknown ................................   no data (1916) 3 ....................       Extirpated 3.
                                                      Ramrod Key ...........................    unknown ................................   no data (1911) 3 ....................       Extirpated 3.
                                                         1 U.S. Fish and Wildlife Service.
                                                         2 Florida Fish and Wildlife Conservation Commission.
                                                         3 Hodges and Bradley 2006, p. 45.
                                                         4 Bradley et al. 2015, p. 21.




                                                      Biology                                                         rates are higher from cross-pollinated                                Liu et al. (2005b, p. 71) found that
                                                         The reproductive biology and                                 flowers, suggesting that inbreeding                                differences in fire intensity (as
                                                      relationship to fire of Chamaecrista                            depression occurs in seeds produced                                measured by maximum ground
                                                      lineata var. keyensis has received a                            through self-pollination (Liu and Koptur                           temperature) did not have a significant
                                                      considerable amount of study.                                   2003, pp. 1184–1186). Taken together,                              long-term effect on survival, growth, or
                                                      Significant findings are summarized                             these findings confirm that insect                                 seedling recruitment. However, the
                                                      below.                                                          pollination is crucial to the plant’s                              number of fruits produced and
                                                         Life History and Reproduction:                               reproduction and progeny fitness.                                  percentage of fruiting plants increased
                                                      Chamaecrista lineata var. keyensis is a                            Fire Ecology and Demography:                                    as fire intensity increased. This suggests
                                                      perennial, but some stems will die back                         Chamaecrista lineata var. keyensis                                 that low-intensity fires associated with
                                                      every year, and a small proportion of                           grows in the understory of pine                                    shorter fire return intervals (less than 3
                                                      plants may go dormant for a year or                             rocklands, a fire-dependent ecosystem.                             years) may not provide the most
                                                      more. Peak flowering and fruiting                               The seeds have a hard seed coat that                               favorable conditions for post-fire
                                                      occurs in the summer from May to                                may help them survive fire (Liu et al.                             recovery.
                                                      August, corresponding with increased                            2005a, p. 216). Fire has important
                                                                                                                      effects on survival and regeneration of                               Taken together, these results indicate
                                                      rainfall during these months in the
                                                                                                                      C. lineata var. keyensis. Fire may                                 that Chamaecrista lineata var. keyensis
                                                      Florida Keys. Mature seedpods may
                                                                                                                      immediately kill some of the plants, but                           can tolerate and may benefit from
                                                      contain 1 to 10 seeds. Seedlings may
                                                                                                                      populations rebound during the first                               periodic fire. As discussed above under
                                                      appear throughout the year, with a peak
                                                      in the fall during September to October,                        and second years after fire. Three years                           ‘‘Habitat,’’ fire is a crucial element in
                                                      immediately following seed dispersal.                           post-fire, survival in burned areas can                            maintaining the pine rocklands habitat.
                                                      Seeds may persist in the soil seed bank                         equal that of unburned areas, suggesting                           Periodic fires eliminate the shrub
                                                      for up to 3 years (Liu and Menges 2005,                         that C. lineata var. keyensis can recover                          subcanopy, remove litter from the
                                                      p. 1484).                                                       completely after fire. Fire stimulates                             ground, recycle nutrients, and are
                                                         Chamaecrista lineata var. keyensis                           stem growth, fruiting, and seedling                                necessary to prevent succession to a
                                                      flowers require insect visitation for                           establishment. Fire seasonality may                                hardwood-dominated ecosystem
                                                      pollination. The anthers (pollen-bearing                        produce different responses in C. lineata                          (rockland hammock) that is unsuitable
                                                      structures) have small pores from which                         var. keyensis. Overall, winter and early                           for C. lineata var. keyensis (Bradley and
                                                      pollen escapes when a visiting insect’s                         summer fires produce more favorable                                Gann 1999, pp. 17–18).
                                                      wings vibrate the structure, a                                  results compared with late summer fires
                                                                                                                                                                                         Chamaesyce deltoidea ssp. serpyllum
                                                      phenomenon known as buzz-                                       (Liu and Menges 2005, p. 1848).
                                                                                                                         Demographic modeling by (Liu et al.                             (wedge spurge)
                                                      pollination. Though many types of
                                                      insects visit C. lineata var. keyensis                          2005a, p. 210) found that fire return                              Species Description
                                                      flowers, effective pollination can be                           intervals of 5 to 7 years generated the
                                                      performed only by buzz-pollinating                              lowest extinction and population                                      Chamaesyce deltoidea ssp. serpyllum
                                                      bees. Of the numerous bee species that                          decline probabilities for Chamaecrista                             is a small, prostrate, perennial herb. The
                                                      visit the flowers, only Xylocopa micans                         lineata var. keyensis, regardless of burn                          stems are slender and numerous,
                                                      and Melissodes spp. bees have been                              season. Bradley and Saha (2009, p. 20)                             radiating out from the taproot. The
                                                      observed performing effective buzz-                             found that both fire frequency and time                            leaves are 2 to 5 mm (0.08 to 0.19 in)
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      pollination (Liu and Koptur 2003, pp.                           since the last fire had significant effects                        long, more or less triangular, and
                                                      1184–1186).                                                     on the density of C. lineata var. keyensis                         covered with fine short fuzz, giving the
                                                         Chamaecrista lineata var. keyensis                           in study plots. The highest densities                              plant a silvery appearance. The flowers
                                                      flowers are self-compatible (an                                 were found in plots that were burned                               are cyathia, the specialized
                                                      individual can be fertilized with its own                       three or more times over a 45-year                                 inflorescences characteristic of the
                                                      pollen), and seeds are generated both by                        period from 1960 to 2005, and in plots                             genus Euphorbia and its close relatives.
                                                      self- and cross-pollination. However,                           that had burned recently, while lower                              The fruit is a capsule about 1.5 mm
                                                      seed set is higher when cross-                                  densities were associated with plots that                          (0.06 in) wide (Small 1933, p. 795;
                                                      pollination occurs. Seed germination                            had not been burned in 45 years.                                   Herndon 1993, p. 50).


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                                                      58542                  Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules

                                                      Taxonomy                                                     understory is open, hardwood and palm         Total population size for Chamaesyce
                                                         John K. Small collected plants on Big                     density is low, and native herbaceous      deltoidea ssp. serpyllum on publicly
                                                      Pine Key and first described                                 species cover and richness are high        owned pine rocklands on Big Pine Key
                                                      Chamaesyce deltoidea ssp. serpyllum as                       (Bradley and Saha 2009, p. 26; Ross and    (478 ha (1,181 acres)) was estimated to
                                                      C. serpyllum (Small 1913, p. 81). Burch                      Ruiz 1996, p. 6; Bradley 2006, p. 27).     be 352,993 plants in 2005 (pre-
                                                      (1966, p.99) included C. serpyllum as a                      Roadsides dominated mostly by native       Hurricane Wilma), 343,255 in 2007
                                                      subspecies of C. deltoidea, assigning the                    herbs and grasses where exotic lawn        (post-Wilma), and 368,557 in 2013. This
                                                      currently accepted name C. deltoidea                         grasses are not established are a          represents a slight (4.4 percent) increase
                                                      ssp. serpyllum. The online Atlas of                          potentially important habitat for C.       in the known population size of from
                                                      Florida Vascular Plants uses the name                        deltoidea ssp. serpyllum (Bradley 2006,    2005 to 2013 (Bradley et al. 2013, p. 21).
                                                      C. deltoidea ssp. serpyllum (Wunderlin                       p. 37).                                    The slight increase in 2013 is due to the
                                                      and Hansen 2008, p. 1), and the                                                                         Blue Hole Fire in 2011. Prior to this fire,
                                                                                                                   Historical Range
                                                      Integrated Taxonomic Information                                                                        the species had not been detected in
                                                      System (ITIS 2015, p. 1) indicates that                         Chamaesyce deltoidea ssp. serpyllum plots in the Blue Hole area of Big Pine
                                                      its taxonomic status is accepted. We                         is historically known from only Big Pine Key, but was found in one plot after the
                                                      have carefully reviewed all taxonomic                        Key in the Florida Keys in Monroe          2011 fire. This single plot contained 134
                                                      data to determine that Chamaesyce                            County, Florida.                           plants, 17.3 percent of the plants
                                                      deltoidea (Engelm. ex Chapm.) Small                                                                     recorded across all 646 plots in 2013. If
                                                                                                                   Current Range, Population Estimates,
                                                      ssp. serpyllum (Small) D.G. Burch is a                                                                  this single plot is taken out of the
                                                                                                                   and Status
                                                      valid taxon. Synonyms include                                                                           analysis, density per plot would be 1.3,
                                                      Chamaesyce serpyllum Small;                                     The current range of Chamaesyce         10.3 percent lower than that recorded in
                                                      Euphorbia deltoidea Engelmann ex                             deltoidea ssp. serpyllum is on Big Pine    2005, and 18.6 percent lower than 2007
                                                      Chapman ssp. serpyllum (Small) Y.                            Key. Small groups of plants are            (Bradley et al. 2015, pp. 24–25; Bradley
                                                      Yang; and Chamaesyce serpyllum                               scattered widely across the island         and Saha 2009, p. 12). Since 82 percent
                                                      Small, Euphorbia deltoidea Engelmann                         (Herndon 1993, in Bradley and Gann         of the pine rocklands on Big Pine Key
                                                      ex Chapman var. serpyllum (Small)                            1999, p. 31).                              are publicly owned, this estimate likely
                                                      Oudejans (Wunderlin and Hansen 2008,                            Population data for Chamaesyce          accounts for the majority of the
                                                      p. 3).                                                       deltoidea ssp. serpyllum have been         population. Taken together, the data
                                                                                                                   collected on Big Pine Key periodically     suggest that the population declined
                                                      Climate                                                      since 1996. Indicators show that the       significantly due to Hurricane Wilma
                                                         The climate of south Florida where                        population on Big Pine Key has             but rebounded by 2013. However, the
                                                      Chamaesyce deltoidea ssp. serpyllum                          declined over the past 19 years. Using     frequency of the plant in study plots has
                                                      occurs is classified as tropical savanna,                    study plots across Big Pine Key, Ross      decreased from 1996 to 2013, suggesting
                                                      as described above for Chamaecrista                          and Ruiz (1996, p. 6) found C. deltoidea that fewer areas now support the
                                                      lineata var. keyensis.                                       ssp. serpyllum was present in 22 percent species. While there have been
                                                                                                                   of study plots in 1996. When sampled       significant changes between sampling
                                                      Habitat                                                      again by Bradley (2006, p. 11; Bradley     events, the 9-year pattern of total
                                                         Chamaesyce deltoidea ssp. serpyllum                       et al. 2015, p. 21) in 2005, 2007, and     population size is stable (Bradley et al.
                                                      occurs in pine rocklands and adjacent                        2013, the species was present in 7.4, 5.5, 2015, pp. 21, 24, 49). At the same time,
                                                      disturbed sites on Big Pine Key,                             and 3.7 percent of study plots,            there has been a reduction in the
                                                      including roadsides. It most often grows                     respectively. This represents an 83        species’ range on Big Pine Key and
                                                      directly from crevices in the oolitic                        percent reduction of the species’          frequency of the plant in study plots
                                                      limestone substrate (Bradley and Gann                        frequency in study plots from 1996 to      (Bradley et al. 2015, pp. 25, 49),
                                                      1999, p. 31). Pine rocklands are                             2013, and a 50 percent reduction from      suggesting that while there has been a
                                                      described in detail for Chamaecrista                         2005 to 2013. The decrease in frequency small increase in the total number of
                                                      lineata var. keyensis, above. Within pine                    is attributed in large part to the total   plants, the area occupied by the plant is
                                                      rocklands, Chamaesyce deltoidea ssp.                         disappearance of the species from study shrinking.
                                                      serpyllum is associated with areas of                        plots in the southern portion of Big Pine     Table 2 summarizes the status and
                                                      relatively higher elevation, extensive                       Key after Hurricane Wilma in 2005          trends of the known occurrences of
                                                      exposed rock substrate, where the                            (Bradley et al. 2013, p. 24).              Chamaesyce deltoidea ssp. serpyllum.

                                                          TABLE 2—SUMMARY OF THE STATUS AND TRENDS OF THE KNOWN OCCURRENCES OF CHAMAESYCE DELTOIDEA SSP.
                                                                                                                                      SERPYLLUM

                                                                                                                                         Most recent population
                                                                  Population                                 Ownership                                                                           Status                             Trend
                                                                                                                                                estimate

                                                      Big Pine Key ..........................   USFWS, FWC, private ..........       368,557 1 ...............................   Extant 1 ..................................   Declining.1
                                                         1 Bradley   et al. 2015, pp. 24–25.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Biology                                                      of Chamaesyce are completely reliant on                            Fire Ecology and Demography: The
                                                                                                                   insects for pollination and seed                                assemblage of endemic plants of the
                                                        Life History and Reproduction:                             production, while others are capable of                         pine rocklands, which includes
                                                      Reproduction is sexual, and the plant
                                                                                                                   self-pollination. Pollinators may include                       Chamaesyce deltoidea ssp. serpyllum,
                                                      produces seeds. No studies of
                                                                                                                   bees, flies, ants, and wasps (Ehrenfeld                         tends to be shade-intolerant and benefits
                                                      reproductive biology or ecology have
                                                      been conducted for Chamaesyce                                1976, pp. 406, 95–97).                                          from periodic burning to reduce
                                                      deltoidea ssp. serpyllum. Other species                                                                                      competition from woody vegetation



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                                                                          Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules                                           58543

                                                      (e.g., shading, leaf litter accumulation)               2008, p. 1) uses the name L. arenicola.               rockland hammocks (Hodges 2010, p. 3).
                                                      (Carlson et al. 1993, p. 922; Liu et al.                There is consensus that L. arenicola is               Where L. arenicola is found on
                                                      2005a, p. 210, Liu et al. 2005b, p. 71).                a distinct taxon. We have carefully                   roadsides, the ground cover is
                                                      C. deltoidea ssp. serpyllum is found                    reviewed the available taxonomic                      dominated mostly by native herbs and
                                                      more frequently in recently burned                      information to reach the conclusion that              grasses where exotic lawn grasses have
                                                      areas (Slapcinsky et al. 2010, p. 11).                  the species is a valid taxon.                         not been planted (Bradley 2006, p. 37).
                                                      Populations of C. deltoidea ssp.                                                                              Infrequent mowing of some roadsides,
                                                                                                              Climate
                                                      serpyllum may decline without periodic                                                                        and of disturbed sites such as
                                                      fires, and fire has been shown to                          The climate of south Florida where                 Homestead Air Reserve Base (HARB)
                                                      stimulate significant population growth                 Linum arenicola occurs is classified as               and U.S. Special Operations Command
                                                      (Slapcinsky and Gordon 2007, p. 5).                     tropical savanna, as described above for              South Headquarters (SOCSOUTH), a
                                                                                                              Chamaecrista lineata var. keyensis and                unified command of all four services in
                                                      Linum arenicola (sand flax)                             Chamaesyce deltoidea ssp. serpyllum.                  the Department of Defense (DOD) has
                                                      Species Description                                        Rainfall within the range of Linum                 likely allowed the species to persist by
                                                                                                              arenicola varies from an annual average               preventing these sites from being taken
                                                         Linum arenicola is a small, perennial                of 153–165 cm (60–65 in) in the                       over by hardwoods.
                                                      herb that is 35 to 53 cm (14 to 21 in)                  northern portion of the Miami Rock                       Because Linum arenicola seems to
                                                      tall with yellow flowers that are similar               Ridge to an average of 89–102 cm (35–                 only rarely occur within intact pine
                                                      in appearance those of a buttercup                      40 in) in the lower Florida Keys (Snyder              rocklands, but more frequently adjacent
                                                      (Ranunculus spp.). When not in flower,                  et al. 1990, p. 238).                                 to this habitat, developing conservation
                                                      it resembles a short, wiry grass. Plants                                                                      and management plans for this species
                                                      have one to several stems arising from                  Habitat
                                                                                                                                                                    is exceptionally difficult. Its persistence
                                                      their base. Leaves are linear in shape, 7–                 Pine Rocklands: Linum arenicola                    on roadsides is not fully understood. L.
                                                      10 millimeters (mm) (0.3–0.4 in) long,                  occurs in pine rocklands, disturbed pine              arenicola was at one time more common
                                                      0.6–1 mm (0.02–0.04 in) wide, and                       rocklands, dry marl prairie, and                      in pine rocklands in Miami-Dade
                                                      arranged alternately along stems, and                   disturbed areas on rocky soils adjacent               County, but a lack of periodic fires in
                                                      they have glands scattered along their                  to these habitats (Bradley and Gann                   most pine rocklands fragments over the
                                                      edges. Flowers are produced on stems                    1999, p. 61; Hodges and Bradley 2006,                 last century have pushed this species
                                                      consisting of a few slender, spreading                  p. 37). L. arenicola grows in thin soil               into more sunny, artificial environments
                                                      branches. The individual flowers are on                 over limestone or in small soil patches               (Bradley and Gann 1999, p. 61). It is also
                                                      small stalks 2 mm (0.08 in) long or                     caught in surface irregularities of                   possible that the species has evolved to
                                                      shorter. The flowers have five yellow,                  exposed limestone (Kernan and Bradley,                persist along roadsides as fire regimes
                                                      egg-shaped petals that are 4.5–5.5 mm                   1996, p. 2). Sites most likely to support             and natural areas were altered and
                                                      (0.18–0.22 in) long, and five green,                    L. arenicola have a grass- and herb-                  destroyed over the last century (Hodges
                                                      lance-shaped to egg-shaped sepals that                  dominated understory, abundant pine                   and Bradley 2006, p. 41).
                                                      are 2.4–3.2 mm (0.09–0.13 in) long. The                 regeneration, and high cover of exposed                  Dry Marl Prairie: Marl prairie is a
                                                      fruit is a woody capsule, 2.1–2.5 mm                    rock (Ross and Ruiz 1996, pp. 5–6). The               sparsely vegetated, grass-dominated
                                                      (0.08–0.1 in) long, 2–2.3 mm (0.08–0.09                 pine rocklands and marl prairies where                community found on marl substrates in
                                                      in) diameter, which dries and splits into               this species occurs require periodic fire             South Florida. Marls are fine, white,
                                                      10 segments. The seeds are ovate, 1.2–                  to maintain an open, shrub-free                       calcareous muds formed from calcite
                                                      1.4 mm (0.05–0.06 in) long, and 0.7- 0.8                subcanopy, and to reduce litter levels                precipitated by a mixture of green algae,
                                                      mm (0.027–0.031 in) wide (Rogers 1963,                  (Bradley and Saha 2009, p. 4). Pine                   blue green algae, and diatoms, known as
                                                      pp. 103–104).                                           rocklands habitat is described in detail              periphyton. It is seasonally inundated (2
                                                                                                              for Chamaecrista lineata var. keyensis,               to 4 months) to a shallow depth
                                                      Taxonomy
                                                                                                              above.                                                averaging about 20 cm (8 in). Marl
                                                         Linum arenicola was first described                     Roadsides and Other Disturbed Sites:               prairie is a diverse community that may
                                                      by Small in 1907 as Cathartolinum                       While pine rocklands historically were                contain over 100 species. Marl prairie
                                                      arenicola from plants he collected in                   the primary habitat of Linum arenicola,               normally dries out during the winter
                                                      Miami-Dade County in 1904. This                         the species is currently rare in relatively           and is subject to fires at the end of the
                                                      treatment was consistently followed by                  undisturbed pine rocklands, with the                  dry season (FNAI 2010, p. 1).
                                                      Small (1913a, p. 69; 1913b, p. 96; 1933,                exception of plants on Big Pine Key.                  Occurrences reported from marl prairie
                                                      p. 752). In 1931, Winkler included                      Several occurrences are in scraped                    are at sites that have been artificially
                                                      Cathartolinum within the genus Linum,                   (scarified) pine rocklands remnants that              drained (Bradley and Van Der Heiden
                                                      renaming the plants Linum arenicola                     are dominated by native pine rocklands                2013, p. 11), or are scraped pine
                                                      (Winkler 1931, p. 30). Others have                      species, but have little or no pine                   rocklands that function more like marl
                                                      followed this treatment, including                      canopy or subcanopy (Bradley and Van                  prairie (Kernan and Bradley 1996, p.
                                                      Rogers (1963, p. 103), Long and Lakela                  Der Heiden 2013, pp. 9–12). Two                       11). As with roadside populations of
                                                      (1971, p. 505), Robertson (1971, p. 649),               populations in Miami-Dade County                      Linum arenicola, it is possible that dry
                                                      Wunderlin (1998, p. 100), and                           occur entirely on levees composed of                  marl prairies have become refugia for
                                                      Wunderlin & Hansen (2003, p. 100)                       crushed oolitic limestone that are                    the species as fire regimes and natural
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      (Hodges and Bradley 2006, p. 37).                       surrounded by sawgrass marsh (Bradley                 areas were altered and destroyed over
                                                         Synonyms include Cathartolinum                       and Gann 1999, p. 61; Bradley and Van                 the last century. Accordingly, the
                                                      arenicola Small (Wunderlin and Hansen                   Der Heiden 2013, pp. 7–9). Roadsides                  Service does not consider marl prairie to
                                                      2004, p. 5). The Integrated Taxonomic                   and other disturbed sites are important               be a primary habitat for L. arenicola.
                                                      Information System (2015, p. 1) uses the                habitat for L. arenicola because they
                                                      name Linum arenicola and indicates                      imitate upland herbaceous habitat                     Historical Range
                                                      that this species’ taxonomic standing is                (Hodges and Bradley 2006, p. 40). The                   The historical range of Linum
                                                      accepted. The online Atlas of Florida                   most robust roadside populations occur                arenicola consists of central and
                                                      Vascular Plants (Wunderlin and Hansen                   in areas adjacent to pine rocklands or                southern Miami-Dade County and


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                                                      58544                    Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules

                                                      Monroe County in the lower Florida                                 Table 3, below). In Miami-Dade County,                              of L. arenicola make thorough surveys
                                                      Keys (Bradley and Gann 1999, p. 61). In                            the current distribution of Linum                                   for this species difficult (Hodges and
                                                      Miami-Dade County, records for the                                 arenicola is from just north of SW 184                              Bradley 2006, p. 37).
                                                      species were widespread from the                                   Street (in the Richmond Pinelands),                                    Based on a compilation of all survey
                                                      Coconut Grove area to the southern part                            south to the intersection of Card Sound                             work through 2013, including Austin
                                                      of the County, close to what is now the                            Road and the C–102 canal, and west to                               (1980), Kernan and Bradley (1996, pp.1–
                                                      main entrance to Everglades National                               SW 264 Street and 177 Avenue                                        30), Bradley and Gann (1999, pp. 61–
                                                      Park and Turkey Point (Bradley and                                 (Everglades Archery Range at Camp                                   65), Hodges and Bradley (2006, pp. 37–
                                                      Gann 1999, p. 61). In the Florida Keys                             Owaissa Bauer). This distance is
                                                                                                                                                                                             41), Bradley and Saha (2009, p. 10),
                                                      (Monroe County), there are records of                              approximately 30 km (19 mi) north to
                                                                                                                                                                                             Bradley (2009, p. 3), Hodges (2010, pp.
                                                      the species from Big Pine Key, Ramrod                              south, and 14 km (9 mi) east to west. In
                                                                                                                                                                                             4–5, 15), Bradley and van der Heiden
                                                      Key, Upper and Lower Sugarloaf Keys,                               the Florida Keys (Monroe County), the
                                                                                                                                                                                             (2013, pp. 6–12,19), and Bradley et al.
                                                      Park Key, Boca Chica Key, Middle                                   current distribution of L. arenicola
                                                                                                                                                                                             (2015, pp. 28–29), of 26 historical
                                                      Torch Key (Bradley and Gann 1999, p.                               includes four islands: Big Pine Key,
                                                                                                                         Upper and Lower Sugarloaf Keys, and                                 population records for Linum arenicola,
                                                      61), and Big Torch Key (Hodges 2010, p.                                                                                                12 populations are extant and 14 are
                                                      10).                                                               Big Torch Key.
                                                                                                                           Multiple surveys have been                                        extirpated (see Table 3), a loss of
                                                      Current Range, Population Estimates,                               conducted for Linum arenicola in                                    roughly 54 percent of known
                                                      and Status                                                         Miami-Dade and Monroe Counties over                                 populations, from the early 1900s to the
                                                        The current range of Linum arenicola                             the past 30 years. However, most                                    present.
                                                      consists of eight extant populations in                            surveys only cover one county and not                                  Table 3 summarizes the status and
                                                      Miami-Dade County and four extant                                  the other. The large area of potential                              trends of the known occurrences of
                                                      populations in the Florida Keys (see                               habitat and scarcity and diminutive size                            Linum arenicola.

                                                                    TABLE 3—SUMMARY OF THE STATUS AND TRENDS OF THE KNOWN OCCURRENCES OF LINUM ARENICOLA
                                                                                                                                          Most recent population
                                                                 Population                              Ownership                                                                           County                                    Trend
                                                                                                                                                 estimate

                                                                                                                                             Extant     12 records

                                                      Big Pine Key ......................     USFWS, FWC, TNC 12,                       2,676 (2007) 1 ...................      Monroe ..............................   declining.
                                                                                                Private.
                                                      Upper Sugarloaf Key .........           FDOT 13, USFWS .............              73 (2010) 2 ........................    Monroe ..............................   insufficient   data.
                                                      Lower Sugarloaf Key .........           FDOT 13, USFWS .............              531 (2010) 2 ......................     Monroe ..............................   stable.
                                                      Big Torch Key ....................      FDOT 13, Private ...............          1 (2010) 2 ..........................   Monroe ..............................   declining.
                                                      Richmond Pineland ...........           Private ...............................   56 (2014) 5 ........................    Miami-Dade .......................      insufficient   data.
                                                      Martinez Pineland ..............        Miami-Dade County ..........              100–200 (2013) 6 ..............         Miami-Dade .......................      insufficient   data.
                                                      Everglades Archery Range                Miami-Dade County ..........              23 (2012) 7 ........................    Miami-Dade .......................      insufficient   data.
                                                        (Camp Owaissa Bauer).
                                                      HAFB 15 1—S of Naizare                  DOD 14, Miami-Dade                        24,000 (2013) 7 .................       Miami-Dade .......................      stable.
                                                        BLVD.                                  County.
                                                      SOCSOUTH (HAFB 2—                       DOD 14 (leased from                       74,000 (2009) 7 10 ..............       Miami-Dade .......................      stable.
                                                        NW side of Bikini BLVD).               Miami-Dade County).
                                                      HARB (SW 288 St. and                    DOD 14 ..............................     37 (2011) 7 ........................    Miami-Dade .......................      insufficient data.
                                                        132 Ave).
                                                      C–102 Canal SW 248 St.                  SFWMD 11 .........................        1,000–10,000 (2013) 7 ......            Miami-Dade .......................      insufficient data.
                                                        to U.S. 1.
                                                      L–31E canal, from SW 328                SFWMD 11 .........................        Plants occur along 14 km      Miami-Dade .......................                insufficient data.
                                                        St. to Card Sound Road.                                                           (8.7 mi) of levee (2013) 7.

                                                                                                                                          Extirpated       14 records

                                                      Middle Torch Key ..............         FWC, FDOT 13 ..................           3 (2005) 3 ..........................   Monroe.
                                                      Ramrod Key ......................       FDOT 13 .............................     110 (1979) 4 ......................     Monroe.
                                                      Park Key ............................   FDOT 13 .............................     unknown (1961) 3 ..............         Monroe.
                                                      Boca Chica ........................     DOD 14, other (unknown) ..                unknown (1912) 3 ..............         Monroe.
                                                      Camp Jackson ...................        unknown ............................      unknown (1907) 9 ..............         Miami-Dade.
                                                      Big Hammock Prairie ........            unknown ............................      unknown (1911) 9 ..............         Miami-Dade.
                                                      Camp Owaissa Bauer .......              Miami-Dade County ..........              10 (1983) 7 ........................    Miami-Dade.
                                                      Allapatah Drive and Old                 Private ...............................   256 (1996) 8 ......................     Miami-Dade.
                                                         Cutler Road.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Bauer Drive (Country                    Miami-Dade County ..........              8 (1996) 8 ..........................   Miami-Dade.
                                                         Ridge Estates).
                                                      Silver Green Cemetery ......            Private ...............................   47 (1996) 8 ........................    Miami-Dade.
                                                      Palmetto Bay Village Cen-               Private ...............................   12 (1996) 8 ........................    Miami-Dade.
                                                         ter.
                                                      HAFB (Community Part-                   DOD 14, Miami-Dade                        unknown (2010) 7 ..............         Miami-Dade.
                                                         nership Drive).                        County.
                                                      Coco Plum Circle (corner                Private ...............................   75 (1996) 8 ........................    Miami-Dade.
                                                         of Robles Street & Vista
                                                         Mar Street).



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                                                                          Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules                                                  58545

                                                         TABLE 3—SUMMARY OF THE STATUS AND TRENDS OF THE KNOWN OCCURRENCES OF LINUM ARENICOLA—Continued
                                                                                                                                   Most recent population
                                                               Population                         Ownership                                                                County                     Trend
                                                                                                                                          estimate

                                                      George Avery Pineland            Private ...............................   ‘‘small colony’’ (2002) 7 .....   Miami-Dade.
                                                       Preserve.
                                                         1 Bradley  and Saha 2009, p. 10
                                                         2 Hodges   2010, p. 10
                                                         3 Hodges   and Bradley 2006, pp. 39–48
                                                         4 Austin et al. 1980 in FNAI
                                                         5 FTBG 2014, p. 2
                                                         6 Possely 2014, pers. comm.
                                                         7 Bradley and Van Der Heiden 2013, pp. 6–11
                                                         8 Kernan and Bradley 1996, p. 9
                                                         9 Bradley and Gann 1999, p. 65
                                                         10 Bradley 2009, p. 3
                                                         11 South Florida Water Management District (SFWMD)
                                                         12 The Nature Conservancy (TNC)
                                                         13 Florida Department of Transportation (FDOT)
                                                         14 Department of Defense (DOD)
                                                         15 Homestead Air Force Base (HAFB; decommissioned)




                                                         Based on the data presented in Table                     private land that is currently slated for                resurveyed Upper Sugarloaf and
                                                      3, reliable population trends can be                        development (Fairchild Tropical                          rediscovered the population.
                                                      derived from past surveys for 5 of the                      Botanic Garden (FTBG) 2014, p. 2). The                      Linum arenicola is extirpated from 4
                                                      12 extant populations. Populations on                       largest Linum arenicola population in                    of 8 (50 percent) of the islands that once
                                                      Big Pine Key and Big Torch Key have                         Miami-Dade County, estimated at                          supported it. Its historical range
                                                      shown clear declines. Three populations                     74,000 plants in 2009 (Bradley 2009, p.                  spanned approximately 36 km (22 mi)
                                                      appear to be stable (data suggest they                      3), is located on property owned by the                  from northeast to southwest. The loss of
                                                      have not declined appreciably). Data are                    Miami-Dade County Homeless Trust                         populations on Boca Chica, Park,
                                                      insufficient to determine trends for the                    and leased to Special Operations                         Middle Torch, and Ramrod Keys
                                                      remaining seven populations. The data                       Command South (SOCSOUTH; a DOD                           represents a 14-km (9-mi) loss of the
                                                      also show that 5 of the 12 extant                           facility).                                               western extent of the species’ range,
                                                      populations are rather small, having                          In Miami-Dade County, of 18 records                    corresponding to a 39 percent
                                                      fewer than 100 plants.                                      for Linum arenicola, 8 populations are                   contraction of the species’ historical
                                                         Miami-Dade County: The first survey                      extant, while 10 are extirpated, a loss of               range.
                                                                                                                                                                              The total population of Linum
                                                      for Linum arenicola, conducted in 1980                      roughly 56 percent of known
                                                                                                                                                                           arenicola in Monroe County is
                                                      in Miami-Dade County, reported two                          populations. The loss of these
                                                                                                                                                                           estimated at 2,676 plants in pine
                                                      extant and eight extirpated populations,                    populations corresponds to a
                                                                                                                                                                           rocklands on Big Pine Key (Bradley and
                                                      but population sizes were not reported                      contraction of the species’ historical
                                                                                                                                                                           Saha 2009, p. 10), and 100 to 1,000
                                                      (Austin et al., 1980, p. 3). A 1996 survey                  range in Miami-Dade County by
                                                                                                                                                                           plants across the remainder of the
                                                      conducted in Miami-Dade County                              approximately 20 km (12 mi) at its
                                                                                                                                                                           Florida Keys (Hodges and Bradley 2006,
                                                      reported seven populations,                                 northern extent (40 percent reduction in
                                                                                                                                                                           pp. 37, 48; Hodges 2010, p. 10).
                                                      representing about 1,000 plants (Kernan                     north to south range), and                                  The largest population in Monroe
                                                      and Bradley 1996, p. 5). A 1999 status                      approximately 15 km (9 mi) of its east                   County is located on Big Pine Key
                                                      survey reported five extant populations                     to west extent (50 percent reduction in                  within the National Key Deer Refuge
                                                      and seven extirpated populations in                         east to west range).                                     (NKDR) and surrounding lands, where
                                                      Miami-Dade County (Bradley and Gann                           Monroe County (Florida Keys): A 1999                   there are approximately 478 ha (1,181
                                                      1999, p. 65).                                               status survey reported four Linum                        ac) of publicly owned pine rocklands
                                                         A comprehensive field survey of                          arenicola populations in Monroe                          (Gann et al. 2002, p. 806; Bradley 2006,
                                                      Linum arenicola sites in Miami-Dade                         County (Bradley and Gann 1999, p. 65).                   p. 4; Hodges and Bradley 2006, pp. 37–
                                                      was conducted in 2013 (Bradley and                          In 2006, Hodges and Bradley (2006, pp.                   38). It is also the best studied
                                                      van der Heiden 2013, p. 4). L. arenicola                    37–41) conducted the first                               population. On Big Pine Key, Linum
                                                      populations were found at six sites,                        comprehensive survey of the                              arenicola occurs at the Terrestris
                                                      containing an estimated total of 107,060                    distribution and abundance of L.                         Preserve, which is owned by TNC; this
                                                      plants. Populations ranged in size from                     arenicola in the Florida Keys, including                 occurrence is included within the Big
                                                      23 plants to 74,000 plants, with a                          extant occurrences, historical records,                  Pine Key site in Table 3.
                                                      median population size of                                   and exploratory surveys of potential                        Linum arenicola on Big Pine Key has
                                                      approximately 4,500. All but one of the                     habitat. Four extant populations were                    been surveyed multiple times since
                                                      Miami-Dade L. arenicola populations                         observed (Big Pine Key, Big Torch Key,                   1996, with the most recent being 2014.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      occur on public lands, but only the                         Middle Torch Key, and Lower Sugarloaf                    Because of the size of Big Pine Key,
                                                      Martinez Pineland site is managed for                       Key) and three historical populations                    sample study plots were utilized for
                                                      conservation. The remaining sites are                       were confirmed extirpated (Boca Chica                    these surveys, as opposed to a complete
                                                      owned by the DOD (military bases),                          Key, Ramrod Key, and Park Key). The                      search of all potential habitats. Ross and
                                                      State of Florida (canal banks; SFWMD),                      surveys did not find L. arenicola in                     Ruiz (1996, p. 5) found the species in 11
                                                      and Miami-Dade County (a public                             potential habitat on No Name Key, Little                 percent of their study plots. Subsequent
                                                      archery range). A seventh small                             Torch Key, or Upper Sugarloaf Key                        surveys in 2005, 2007, and 2013 have
                                                      population located in 2014 at the                           (Hodges and Bradley 2006, pp. 37, 48).                   found L. arenicola to be extremely rare,
                                                      Richmond pinelands is located on                            However, in 2010, Hodges (2010, p. 10)                   being recorded in 4.1, 2.0, and 1.4


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                                                      58546               Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules

                                                      percent of study plots, respectively,                   shrub or herb, 10 to 60 cm (4 to 24 in)               Climate
                                                      representing an 87 percent reduction                    tall, with a woody base and small, green                 The climate of south Florida where
                                                      from 1996 to 2013 (Bradley et al. 2015,                 flowers. The stems and leaves are                     Argythamnia blodgettii occurs is
                                                      pp. 28–29).                                             covered with small hairs. The leaves,                 classified as tropical savanna, as
                                                         The decline in the Big Pine Key                      arranged alternately along the stems, are             described above for Chamaecrista
                                                      population of Linum arenicola from                      1.5 to 4.0 cm (0.6 to 1.6 in) long, have              lineata var. keyensis, Chamaesyce
                                                      2005 to 2007 can be largely attributed to               smooth (or rarely toothed) edges, are                 deltoidea ssp. serpyllum, and Linum
                                                      the effects of Hurricane Wilma (Bradley                 oval or elliptic in shape, and often are              arenicola.
                                                      2006, p. 11; Hodges 2010, p. 4). Prior to               colored a distinctive, metallic bluish                   Rainfall within the range of
                                                      Wilma, there was a maximum of 56,404                    green. The plants have separate male                  Argythamnia blodgettii varies from an
                                                      individuals of L. arenicola in the 478 ha               and female flowers. Staminate (male)                  annual average of 153–165 cm (60–65
                                                      (1,181 ac) of publicly owned pine                       flowers have a calyx 7 to 8 mm (0.27 to               in) in the northern portion of the Miami
                                                      rocklands on Big Pine Key (Bradley                      0.31 in) wide, consisting of 4 to 5 lance-            Rock Ridge to an average of 89–102 cm
                                                      2006, p. 19). As of 2007, there were just               shaped sepals that are larger than the                (35–40 in) in the lower Florida Keys
                                                      2,676 plants, representing a 95 percent                 petals. The petals are broadly elliptic               (Snyder et al. 1990, p. 238).
                                                      decline (Bradley and Saha 2009, p. 10).                 and shorter than the sepals. There are 10
                                                      Significantly, the species virtually                    stamens. Pistillate (female) flowers have             Habitat
                                                      disappeared from the southern half of                   4 to 5 sepals that are 5 to 6 mm (0.19                   Argythamnia blodgettii grows in pine
                                                      Big Pine Key after Hurricane Wilma                      to 0.24 in) long, lance-shaped, and often             rocklands, in sunny gaps or edges of
                                                      (Bradley and Saha 2009, p. 10).                         more narrow than those of male flowers.               rockland hammock and coastal berm,
                                                         Historically, the population has                     The petals are broadly elliptic, shorter              and on roadsides (Bradley and Gann
                                                      declined due to habitat loss and fire                   than the sepals. The fruit is a woody                 1999, p. 3). It grows from crevices on
                                                      suppression. Approximately half of the                  capsule 4 to 5 mm (0.16 to 0.19 in)                   oolitic limestone or on sand. The pine
                                                      historical pine rocklands on Big Pine                   wide, which contains the seeds                        rocklands habitat where it occurs
                                                      Key have been lost (Bradley 2006, p.                    (Adapted from Small 1933, pp. 784–785;                requires periodic fire to maintain an
                                                      35). Long-term ecological changes                       Bradley and Gann 1999, p. 2).                         open, sunny understory with a
                                                      associated with fire suppression, land                                                                        minimum amount of hardwoods.
                                                      clearing, SLR, changes in hydrology,                    Taxonomy                                              Bradley and Gann (1999, p. 3) indicated
                                                      fluctuations in Key deer (Odocoileus                                                                          that this species does tolerate some
                                                                                                                 Botanist John Torrey first described
                                                      virginianus clavium) densities, and                                                                           degree of human-induced disturbance. It
                                                      invasion of exotic plants likely have                   the species in Chapman (1884, p. 100)
                                                                                                              as Aphora blodgettii, reporting it for                can often be found along disturbed
                                                      impacted the population sizes of this                                                                         edges of pine rocklands, rockland
                                                      species (Bradley 2006, p. 2; Bradley and                South Florida. In an 1896 (p. 100)
                                                                                                              revision of the genus, Pax placed it in               hammock, and coastal berm, or in
                                                      Saha 2009, p. 2).                                                                                             completely scarified pine rocklands
                                                         The population on Big Torch Key also                 the genus Ditaxis. In 1897 (p. 100),
                                                                                                              Chapman placed it in the genus                        (Bradley and Gann, 1999, p. 3). Pine
                                                      declined after Hurricane Wilma, but this                                                                      rocklands are described in detail for
                                                      decline may have been due to herbicide                  Argythamnia. In 1903, Small placed it
                                                                                                              again in the genus Ditaxis. In 1914, Pax              Chamaecrista lineata var. keyensis,
                                                      applications or frequent mowing                                                                               above.
                                                      associated with road shoulder                           (p. 100) placed it in synonymy under
                                                                                                                                                                       Coastal Berm: Coastal berms are
                                                      maintenance (Hodges 2010, p. 4).                        Ditaxis fendleri, a plant of Colombia,
                                                                                                                                                                    landscape features found along low-
                                                                                                              Venezuela, Curacao, and Trinidad.
                                                      Biology                                                                                                       energy coastlines in south Florida and
                                                                                                              Small (1933, pp. 784–785) retained it as
                                                                                                                                                                    the Florida Keys. Coastal berm is a short
                                                         Life History and Reproduction: Little                Ditaxis blodgettii, treating it as a
                                                                                                                                                                    forest or shrub thicket found on long,
                                                      is known about the life history of Linum                southern Florida endemic. Subsequent
                                                                                                                                                                    narrow, storm-deposited ridges of loose
                                                      arenicola, including pollination biology,               authors (Webster 1967, p. 100; Long and
                                                                                                                                                                    sediment formed by a mixture of coarse
                                                      seed production, or dispersal.                          Lakela 1971, p. 558; Wunderlin 1998, p.
                                                                                                                                                                    shell fragments, pieces of coralline
                                                      Reproduction is sexual, with new plants                 100; Wunderlin and Hansen 2003, p.
                                                                                                                                                                    algae, and other coastal debris. These
                                                      generated from seeds. The species                       100) have retained it as a southern
                                                                                                                                                                    ridges parallel the shore and may be
                                                      produces flowers from February to                       Florida endemic Argythamnia blodgettii
                                                                                                                                                                    found on the seaward edge or landward
                                                      September, with a peak around March                     (from Hodges and Bradley 2006, p. 10).                edge of the mangroves or farther inland
                                                      and April. L. arenicola population                         The Integrated Taxonomic                           depending on the height of the storm
                                                      demographics or longevity have not                      Information System (2015, p. 1) uses the              surge that formed them. They range in
                                                      been studied (Bradley and Gann, 1999,                   name Argythamnia blodgettii and                       height from 0.30 to 3.05 m (1 to 10 ft).
                                                      p. 65; Hodges and Bradley 2006, p. 41;                  indicates that this species’ taxonomic                Structure and composition of the
                                                      Hodges 2007, p. 2).                                     standing is accepted. The online Atlas                vegetation is variable depending on
                                                         Fire Ecology and Demography: There                   of Florida Vascular Plants (Wunderlin                 height and time since the last storm
                                                      have been no studies of Linum arenicola                 and Hansen 2008, p. 1) uses the name                  event. The most stable berms may share
                                                      population demographics or                              A. blodgettii. In summary, there is                   some tree species with rockland
                                                      relationship to fire, though historical                 consensus that A. blodgettii is a distinct            hammocks, but generally have a greater
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      declines have been partially attributed                 taxon. We have carefully reviewed the                 proportion of shrubs and herbs. Tree
                                                      to habitat loss from fire suppression or                available taxonomic information to                    species may include Bursera simaruba
                                                      inadequate fire management.                             reach the conclusion that the species is              (gumbo limbo), Coccoloba uvifera
                                                      Argythamnia blodgettii (Blodgett’s                      a valid taxon. Synonyms include                       (seagrape), Coccothrinax argentata
                                                      silverbush)                                             Aphora blodgettii Torr. ex Chapm.;                    (silver palm), Guapira discolor (blolly),
                                                                                                              Ditaxis blodgettii (Torr. ex Chapm.) Pax;             Drypetes diversifolia (milkbark), Genipa
                                                      Species Description                                     Argyrothamnia blodgettii (Torr. ex                    clusiifolia (seven year apple), and
                                                        Argythamnia blodgettii, in the                        Chapm.) Chapm.; and Ditaxis fendleri                  Metopium toxiferum (poisonwood).
                                                      Euphorbia family, is an erect, perennial                Pax, not (Müll. Arg.) Pax and K. Hoof.               Characteristic tall shrub and short tree


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                                                                          Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules                                         58547

                                                      species include Eugenia foetida                         (black ironwood), Exothea paniculata                  it encountered the hammock’s moist
                                                      (Spanish stopper), Ximenia americana                    (inkwood), Metopium toxiferum, and                    microclimate and litter layer. However,
                                                      (hog plum), Randia aculeata (white                      Swietenia mahagoni (West Indies                       rockland hammocks are susceptible to
                                                      indigoberry), Pithecellobium keyense                    mahogany). Mature hammocks may be                     damage from fire during extreme
                                                      (Florida Keys blackbead), and                           open beneath a tall, well-defined                     drought or when the water table is
                                                      Sideroxylon celastrinum (saffron plum).                 canopy and subcanopy. More                            lowered. In these cases, fire can cause
                                                      Short shrubs and herbs include                          commonly, in less mature or disturbed                 tree mortality and consume the organic
                                                      Hymenocallis latifolia (perfumed                        hammocks, dense woody vegetation of                   soil layer (FNAI 2010e, p. 2).
                                                      spiderlily), Capparis flexuosa (bayleaf                 varying heights from canopy to short                     Rockland hammocks are also sensitive
                                                      capertree), Lantana involucrata                         shrubs is often present. Species that                 to the strong winds and storm surge
                                                      (buttonsage), and Rivina humilis                        generally make up the shrub layers                    associated with infrequent hurricanes.
                                                      (rougeplant). More seaward berms or                     within rockland hammock include                       Canopy damage often occurs, which
                                                      those more recently affected by storm                   several species of Eugenia (stoppers),                causes a change in the microclimate of
                                                      deposition may support a suite of plants                Thrinax morrisii and T. radiata (thatch               the hammock. Decreased relative
                                                      similar to beaches, including shoreline                 palms), Amyris elemifera (sea                         humidity and drier soils can leave
                                                      Sesuvium portulacastrum (sea                            torchwood), Ardisia escallonioides                    rockland hammocks more susceptible to
                                                      purslane), Distichlis spicata (saltgrass),              (marlberry), Psychotria nervosa (wild                 fire. Rockland hammock can transition
                                                      and Sporobolus virginicus (seashore                     coffee), Chrysophyllum oliviforme                     into glades marsh, mangrove swamp,
                                                      dropseed), or scattered to dense shrub                  (satinleaf), Sabal palmetto (cabbage                  salt marsh, coastal rock barren, pine
                                                      thickets with Conocarpus erectus                        palm), Guaiacum sanctum (lignum-                      rocklands, maritime hammock, or marl
                                                      (buttonwood), stunted Avicennia                         vitae), Ximenia americana, Colubrina                  prairie (FNAI 2010e, p. 2).
                                                      germinans (black mangrove),                             elliptica (soldierwood), Pithecellobium                  The sparsely vegetated edges or
                                                      Rhizophora mangle (red mangrove),                       unguis-cati and Pithecellobium keyense,               interior portions laid open by canopy
                                                      Laguncularia racemosa (white                            Coccoloba uvifera, and Colubrina                      disruption are the areas of rockland
                                                      mangrove), Suriana maritima (bay                        arborescens (greenheart). Vines can be                hammock that have light levels
                                                      cedar), Manilkara jaimiqui (wild dilly),                common and include Toxicodendron                      sufficient to support Argythamnia
                                                      Jacquinia keyensis (joewood), and                       radicans (eastern poison ivy), Smilax                 blodgettii. However, the dynamic nature
                                                      Borrichia frutescens (bushy seaside                     auriculata (earleaf greenbrier), Smilax               of the habitat means that areas not
                                                      oxeye) (Florida Natural Areas Inventory                 havanensis (Everglades greenbrier),                   currently open may become open in the
                                                      (FNAI) 2010a, p. 1).                                    Parthenocissus quinquefolia (Virginia                 future as a result of canopy disruption
                                                         Coastal berms are deposited by storm                 creeper), Hippocratea volubilis                       from hurricanes, while areas currently
                                                      waves along low-energy coasts. Their                    (medicine vine), and Morinda royoc                    open may develop more dense canopy
                                                      distance inland depends on the height                   (redgal). The typically sparse short                  over time, eventually rendering that
                                                      of the storm surge. Tall berms may be                   shrub layer may include Zamia pumila                  portion of the hammock unsuitable for
                                                      the product of repeated storm                           (coontie) and Acanthocereus tetragonus                A. blodgettii.
                                                      deposition. Coastal berms that are                      (triangle cactus). Herbaceous species are
                                                      deposited far enough inland and remain                                                                        Historical Range
                                                                                                              occasionally present and generally
                                                      long-undisturbed may in time succeed                    sparse in coverage. Characteristic                      Argythamnia blodgettii historically
                                                      to hammock. This is a structurally                      species include Lasiacis divaricata                   occurred from central and southern
                                                      variable community that may appear in                   (smallcane), Oplismenus hirtellus                     Miami-Dade County from Brickell
                                                      various stages of succession following                  (basketgrass), and many species of ferns              Hammock to Long Pine Key in
                                                      storm disturbance, from scattered                       (FNAI 2010e, p. 1).                                   Everglades National Park, and in
                                                      herbaceous beach colonizing plants to a                    Rockland hammock occurs on a thin                  Monroe County throughout the Florida
                                                      dense stand of tall shrubs (FNAI 2010a,                 layer of highly organic soil covering                 Keys from Totten Key south to Key West
                                                      p. 2).                                                  limestone on high ground that does not                (Bradley and Gann 1999, p. 2).
                                                         Rockland Hammock: Rockland                           regularly flood, but it is often dependent
                                                      hammock is a species-rich, tropical                                                                           Current Range, Population Estimates,
                                                                                                              upon a high water table to keep
                                                      hardwood forest on upland sites in areas                                                                      and Status
                                                                                                              humidity levels high. Rockland
                                                      where limestone is very near the surface                hammocks are frequently located near                     Argythamnia blodgettii is currently
                                                      and often exposed. The forest floor is                  wetlands; in the Everglades, they can                 known from central Miami-Dade County
                                                      largely covered by leaf litter with                     occur on organic matter that                          from Coral Gables and southern Miami-
                                                      varying amounts of exposed limestone                    accumulates on top of the underlying                  Dade County to Long Pine Key in
                                                      and has few herbaceous species.                         limestone; in the Keys, they occur                    Everglades National Park, and the
                                                      Rockland hammocks typically have                        inland from tidal flats (FNAI 2010e, p.               Florida Keys from nine islands, from
                                                      larger, more mature trees in the interior,              1).                                                   Windley Key (Bradley and Gann 1999,
                                                      while the margins can be almost                            Rockland hammock is susceptible to                 p. 3) southwest to Boca Chica Key
                                                      impenetrable in places with dense                       fire, frost, canopy disruption, and                   (Hodges and Bradley 2006, pp. 10, 43).
                                                      growth of smaller shrubs, trees, and                    ground water reduction. Rockland                         Previous status surveys of
                                                      vines. Typical canopy and subcanopy                     hammock can be the advanced                           Argythamnia blodgettii include Bradley
                                                      species include Bursera simaruba,                       successional stage of pine rocklands,                 and Gann (1999, pp. 2–6) and Hodges
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Lysiloma latisiliquum (false tamarind),                 especially in cases where rockland                    and Bradley (2006, pp. 11–20, 43).
                                                      Coccoloba diversifolia (pigeon plum),                   hammock is adjacent to pine rocklands.                Bradley and Gann (1999, p. 3) reported
                                                      Sideroxylon foetidissimum (false                        In such cases, when fire is excluded                  18 extant occurrences of A. blodgettii in
                                                      mastic), Ficus aurea (strangler fig),                   from pine rocklands for 15 to 25 years,               1999 (4 in Monroe County, 14 in Miami-
                                                      Piscidia piscipula (Jamaican dogwood),                  it can succeed to rockland hammock                    Dade County), representing
                                                      Ocotea coriacea (lancewood), Drypetes                   vegetation. Historically, rockland                    approximately 10,000 plants. Hodges
                                                      diversifolia, Simarouba glauca                          hammocks in south Florida evolved                     and Bradley (2006, pp. 11–20, 43)
                                                      (paradisetree), Sideroxylon salicifolium                with fire in the landscape. Fire most                 verified that A. blodgettii is extant on
                                                      (willow bustic), Krugiodendron ferreum                  often extinguished near the edges when                nine islands in the Florida Keys


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                                                      58548                    Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules

                                                      (Monroe County), and has an estimated                              population of Argythamnia blodgettii in                              Big Munson Island and is estimated to
                                                      population of between 10,000 and                                   Miami-Dade County is 375 to 13,650                                   be 8,000 to 9,000 plants (Hodges and
                                                      100,000 plants (Hodges and Bradley, p.                             plants (i.e., total of low and high                                  Bradley 2006, p. 17). On Big Pine Key,
                                                      2). The FNAI element tracking summary                              estimates) (K. Bradley 2007, pers.                                   a population of A. blodgettii estimated
                                                      data indicated a total of 31 element                               comm.); however, this may be an                                      at 2,200 plants is found scattered across
                                                      occurrence records in 2 counties, with                             overestimate of the actual population                                the island. Occurrences are known from
                                                      24 occurrences in management areas                                 size because it was based upon a log10                               the Koehn’s subdivision, Long Beach,
                                                      (FNAI 2008, p. 1). There is insufficient                           scale. In Everglades National Park                                   Cactus Hammock, and Watson
                                                      data available to identify trends in any                           (ENP), the current estimated population                              Hammock. Sizable populations also
                                                      populations of A. blodgettii.                                      size is 2,000 plants (J. Sadle 2015, pers.                           occur at Key West Naval Air Station on
                                                        Although we do not know the total                                comm.).                                                              Boca Chica Key. The total population
                                                      extent of the former range of                                         Based on the data presented below in                              size in the Florida Keys is estimated to
                                                      Argythamnia blodgettii, approximately                              Table 4, there are 31 records for                                    be approximately 13,200 plants (Hodges
                                                      12 miles (19 kilometers) of the species’                           Argythamnia blodgettii in Miami-Dade                                 and Bradley 2006, pp. 10–13, 17).
                                                      range has been lost near the northern                              County. Six populations are extant, 11                                  Argythamnia blodgettii is extirpated
                                                      end of the range in Miami-Dade County                              are extirpated, and the status of 14 is                              from 3 of 16 (23 percent) of the islands
                                                      and 43 miles (69 kilometers) has been                              uncertain because they have not been                                 that once supported it. Based on the
                                                      lost in Monroe County on the southern                              surveyed in 15 years or more.                                        data presented in Table 4, there are 18
                                                      edge of the species’ range (Bradley and                               Monroe County: In the Keys,                                       records for A. blodgettii in Monroe
                                                      Gann 1999, p. 3).                                                  Argythamnia blodgettii is extant on nine                             County. Eleven populations are extant,
                                                        Miami-Dade County: According to                                  islands, with three others of uncertain                              three are extirpated, and the status of
                                                      data from the Institute for Regional                               status (Hodges and Bradley 2006, p. 43).                             four is uncertain because they have not
                                                      Conservation (IRC), the estimated                                  The largest population surveyed is on                                been surveyed in 15 years or more.

                                                             TABLE 4—SUMMARY OF THE STATUS AND TRENDS OF THE KNOWN OCCURRENCES OF ARGYTHAMNIA BLODGETTII
                                                                                                                                          Most recent population
                                                                 Population                              Ownership                                                                            County                                    Trend
                                                                                                                                                 estimate

                                                                                                                                             Extant     17 records

                                                      Plantation Key, Snake                   FWC ..................................    101–1,000 (2005) 2 ...........           Monroe ..............................   Insufficient data.
                                                        Creek Hammock.
                                                      Lower Matecumbe Key—                    FDEP 6 ..............................     11–100 (2000) 2 ................         Monroe ..............................   Insufficient data.
                                                        Klopp Tract.
                                                      Lignumvitae Key ................        FDEP 6 ..............................     101–1,000 (2005) 2 ...........           Monroe ..............................   Insufficient data.
                                                      Big Munson Island .............         Private (Boy Scouts of                    1,001–10,000 (2005) 2 ......             Monroe ..............................   Insufficient data.
                                                                                                America).
                                                      North Key Largo ................        DOD, FDOT ......................          No estimate (2005) 8 .........           Monroe ..............................   Insufficient Data.
                                                      Key Largo—Dove Creek                    FWC, FDOT ......................          11–100 (2005) 2 ................         Monroe ..............................   Insufficient data.
                                                        Hammock.
                                                      Vaca Key (Marathon)—                    FWC, FDOT ......................          11–100 (2005) 2 ................         Monroe ..............................   Insufficient data.
                                                        Blue Heron Hammock.
                                                      Windley Key—State Park ..               FDEP 6 ..............................     11–100 (2005) 2 ................         Monroe ..............................   Insufficient data.
                                                      Boca Chica KWNAS 7 Run-                 DOD ..................................    1,001–10,000 (2004) 2 ......             Monroe ..............................   Insufficient data.
                                                        way 25.
                                                      Boca Chica Key KWNAS 7                  DOD ..................................    200 (2004) 2 ......................      Monroe ..............................   Insufficient data.
                                                        Weapons Hammock.
                                                      Big Pine Key ......................     USFWS, FWC, private ......                ∼2,200 (2005) 2 .................        Monroe ..............................   Insufficient data.
                                                      ENP Long Pine Key Deer                  NPS 5 .................................   2,000 (2015) 4 ...................       Miami-Dade .......................      Insufficient data.
                                                        Hammock area (Pine
                                                        Block A), Turkey Ham-
                                                        mock area (Pine Block
                                                        B), Pine Block E.
                                                      Camp Choee .....................        Private (Girl Scout Council               3 (2005) 3 ..........................    Miami-Dade .......................      Insufficient data.
                                                                                                of Tropical Florida).
                                                      Crandon Park—Key Bis-                   Miami Dade Parks and                      4 (2005) 3 ..........................    Miami-Dade .......................      Insufficient data.
                                                        cayne.                                  Recreation.
                                                      Martinez Pineland/Larry                 Miami Dade Parks and                      6 (2005) 3 ..........................    Miami-Dade .......................      Insufficient data.
                                                        and Penny Thompson                      Recreation.
                                                        Park.
                                                      Tropical Park Pineland ......           Miami Dade Parks and                      20 (2005) 3 ........................     Miami-Dade .......................      Insufficient data.
                                                                                                Recreation.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Boystown Pineland ............          Private ...............................   No estimate      (2005) 3    .........   Miami-Dade .......................      Insufficient data.

                                                                                                                                           Uncertain       18 records

                                                      Crawl Key, Forestiera                   Private ...............................   10 (1982) 3 ........................     Monroe ..............................   Insufficient data.
                                                        Hammock.
                                                      Long Key State Park .........           FDEP .................................    No estimate (1999) 2 .........           Monroe ..............................   Insufficient   data.
                                                      Stock Island .......................    Private ...............................   No estimate (1981) 2 .........           Monroe ..............................   Insufficient   data.
                                                      Boot Key ............................   Private ...............................   11–100 (1998) 2 ................         Monroe ..............................   Insufficient   data.
                                                      Deering Estate ...................      State of Florida .................        11–100 (1991) 1 ................         Miami-Dade .......................      Insufficient   data.



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                                                                               Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules                                                                                58549

                                                           TABLE 4—SUMMARY OF THE STATUS AND TRENDS OF THE KNOWN OCCURRENCES OF ARGYTHAMNIA BLODGETTII—
                                                                                                     Continued
                                                                                                                                           Most recent population
                                                                 Population                               Ownership                                                                         County                                       Trend
                                                                                                                                                  estimate

                                                      Castellow Hammock ..........             Miami Dade Parks and                      11–100 (1991) 1 ................       Miami-Dade .......................        Insufficient data.
                                                                                                 Recreation.
                                                      Owaissa Bauer County                     Miami Dade Parks and                      101–1,000 (1991) 1 ...........         Miami-Dade .......................        Insufficient data.
                                                        Park.                                    Recreation.
                                                      Pine Ridge Sanctuary .......             Private ...............................   2–10 (1992) 1 ....................     Miami-Dade      .......................   Insufficient   data.
                                                      County Ridge Estates .......             Private ...............................   11–100 (1999) 1 ................       Miami-Dade      .......................   Insufficient   data.
                                                      Epmore Drive pineland ......             Private ...............................   2–10 (1999) 1 ....................     Miami-Dade      .......................   Insufficient   data.
                                                      Gifford Arboretum Pineland               Private ...............................   2–10 (1999) 1 ....................     Miami-Dade      .......................   Insufficient   data.
                                                      Ned Glenn Nature Pre-                    Miami Dade Parks and                      11–100 (1999) 1 ................       Miami-Dade      .......................   Insufficient   data.
                                                        serve.                                   Recreation.
                                                      Natural Forest Community                 Private ...............................   2–10 (1999) 1 ....................     Miami-Dade .......................        Insufficient data.
                                                        #317.
                                                      Old Dixie pineland .............         Private ...............................   11–100 (1999) 1 ................       Miami-Dade .......................        Insufficient data.
                                                      Owaissa Bauer Addition #1                Miami Dade Parks and                      11–100 (1991) 1 ................       Miami-Dade .......................        Insufficient data.
                                                                                                 Recreation.
                                                      SW 184th St. and 83rd                    Private ...............................   11–100 (1999) 1 ................       Miami-Dade .......................        Insufficient data.
                                                        Ave..
                                                      Castellow #33 ....................       Private ...............................   12 (1995) 3 ........................   Miami-Dade .......................        Insufficient data.
                                                      Castellow #31 ....................       Private ...............................   30–50 (1995) 3 ..................      Miami-Dade .......................        Insufficient data.

                                                                                                                                           Extirpated      14 records

                                                      Upper Matecumbe Key .....                unknown ............................      No estimate (1967) 3 .........         Monroe.
                                                      Totten Key .........................     NPS ...................................   No estimate (1904) 1 .........         Monroe.
                                                      Key West ...........................     City of Key West ...............          No estimate (1965) 1 .........         Monroe.
                                                      Fuch’s Hammock ...............           Miami-Dade County ..........              No estimate (1991) 1 .........         Miami-Dade.
                                                      Brickell Hammock ..............          unknown ............................      Extirpated 1937 1 ...............      Miami-Dade.
                                                      Carribean Park ..................        Miami-Dade County ..........              Extirpated 1998 1 ...............      Miami-Dade.
                                                      Coconut Grove ..................         Miami-Dade County ..........              Extirpated 1901 1 ...............      Miami-Dade.
                                                      Coral Gables area .............          unknown ............................      Extirpated 1967 1 ...............      Miami-Dade.
                                                      Miller and 72nd Ave ..........           unknown ............................      Extirpated 1975 1 ...............      Miami-Dade.
                                                      Orchid Jungle ....................       Miami-Dade County ..........              Extirpated 1930 1 ...............      Miami-Dade.
                                                      Palms Woodlawn Ceme-                     Private ...............................   Extirpated 1992 1 ...............      Miami-Dade.
                                                        tery.
                                                      South of Miami River .........           unknown ............................      Extirpated 1913 1 ...............      Miami-Dade.
                                                      Bauer Drive Pineland ........            Private ...............................   No estimate (1985) 3 .........         Miami-Dade.
                                                      Naranja ..............................   Private ...............................   No estimate (1974) 3 .........         Miami-Dade.
                                                         1 Bradley and Gann 1999, p. 6.
                                                         2 Hodges   and Bradley 2006, pp. 10–17.
                                                         3 FNAI  2011.
                                                         4 Sadle 2015, pers. comm., p. 1.
                                                         5 National Park Service (NPS).
                                                         6 Florida Department of Environmental Protection (FDEP).
                                                         7 Key West Naval Air Station (KWNAS).
                                                         8 Henize and Hipes 2005, p. 25.




                                                      Biology                                                             of any one of five factors affecting its                          fragmentation, and modification caused
                                                         Life History and Reproduction:                                   continued existence. In this section, we                          by development (i.e., conversion to both
                                                      Reproductive biology of Argythamnia                                 summarize the biological condition of                             urban and agricultural land uses) and
                                                      blodgettii has not been studied.                                    each of the plant species and its                                 inadequate fire management. Each of
                                                      Reproduction is sexual and flowering                                resources, and the factors affecting                              these threats and its specific effects on
                                                      and fruiting apparently takes place                                 them, to assess the species’ overall                              these plants are discussed in detail
                                                      throughout the year (Bradley and Gann                               viability and the risks to that viability.                        below.
                                                      1999, p. 3).                                                        Factor A. The Present or Threatened                               Human Population Growth,
                                                         Fire Ecology and Demography: The                                 Destruction, Modification, or                                     Development, and Agricultural
                                                      fire ecology and demography of                                      Curtailment of Its Habitat or Range                               Conversion
                                                      Argythamnia blodgettii have not been
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      studied. Populations of A. blodgettii can                             Chamaecrista lineata var. keyensis,                                The modification and destruction of
                                                      be ephemeral (Hodges and Bradley                                    Chamaesyce deltoidea ssp. serpyllum,                              the habitats that support Chamaecrista
                                                      2006, p. 14).                                                       Linum arenicola, and Argythamnia                                  lineata var. keyensis, Chamaesyce
                                                                                                                          blodgettii have experienced substantial                           deltoidea ssp. serpyllum, Linum
                                                      Summary of Biological Status and                                    destruction, modification, and                                    arenicola, and Argythamnia blodgettii
                                                      Threats                                                             curtailment of their habitats and ranges                          has been extreme in most areas of
                                                        The Act directs us to determine                                   (see Background, above). Specific                                 Miami-Dade and Monroe Counties,
                                                      whether any species is an endangered                                threats to these plants included in this                          thereby reducing these plants’ current
                                                      species or a threatened species because                             factor include habitat loss,                                      ranges and abundance in Florida. The


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                                                      58550               Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules

                                                      pine rocklands community of south                          The marl prairies that also support                development related to the Boy Scout
                                                      Florida, in which all four plants                       Linum arenicola have similarly been                   camp on Big Munson Island is a
                                                      primarily occur, is critically imperiled                destroyed by the rapid development of                 potential threat to the largest population
                                                      locally and globally (FNAI 2012, p. 27).                Miami-Dade and Monroe Counties. At                    A. blodgettii.
                                                      Destruction of pine rocklands and                       least some of the occurrences reported                   The largest Linum arenicola
                                                      rockland hammocks has occurred since                    from this habitat may be the result of                population in Miami-Dade County is
                                                      the beginning of the 1900s. Extensive                   colonization that occurred after they                 located on property owned by the
                                                      land clearing for human population                      were artificially dried-out due to local              Miami-Dade County Homeless Trust.
                                                      growth, development, and agriculture in                 or regional drainage.                                 SOCSOUTH, a unified command of all
                                                      Miami-Dade and Monroe Counties has                         Likewise, habitat modification and                 four services of DOD, has entered into
                                                      altered, degraded, or destroyed                         destruction from residential and                      a 50-year agreement with Miami-Dade
                                                      thousands of acres of these once                        commercial development have severely                  County to lease this 90-ac (36.4-ha) area,
                                                      abundant ecosystems.                                    impacted rockland hammocks, and                       where they are building a permanent
                                                         In Miami-Dade County, development                    coastal berm, that support Argythamnia                headquarters on approximately 28 ac
                                                      and agriculture have reduced pine                       blodgettii. Rockland hammocks were                    (11.3 ha) (DOD 2009, p. 1). As stated
                                                      rocklands habitat by 90 percent in                      once abundant in Miami-Dade and                       above, the population of L. arenicola is
                                                      mainland south Florida. Pine rocklands                  Monroe Counties but are now                           spread across the site and was estimated
                                                      habitat decreased from approximately                    considered imperiled locally and                      at 74,000 plants in 2009 (Bradley 2009,
                                                      74,000 ha (183,000 ac) in the early                     globally (FNAI 2010x, pp. 24–26). The                 p. 3). In consultation with the Service,
                                                      1900s, to only 8,140 ha (20,100 ac) in                  tremendous development and                            the DOD developed a plan that avoided
                                                      1996 (Kernan and Bradley 1996, p. 2).                   agricultural pressures in south Florida               the majority of the population with
                                                      The largest remaining intact pine                       have resulted in significant reductions               accompanying protection and
                                                      rocklands (approximately 2,313 ha                       of rockland hammock, which is also                    management of approximately 57,725
                                                      (5,716 ac)) is Long Pine Key in ENP.                    susceptible to fire, frost, hurricane                 individuals of sand flax (about 78
                                                      Outside of ENP, only about 1 percent of                 damage, and groundwater reduction                     percent of the estimated onsite
                                                      the pine rocklands on the Miami Rock                    (Phillips 1940, p. 167; Snyder et al.                 population) (Service 2011, p. 13). The
                                                      Ridge have escaped clearing, and much                   1990, pp. 271–272; FNAI 2010, pp. 24–                 plan will manage 5.95 ha (14.7 ac) of
                                                      of what is left are small remnants                      26).                                                  habitat, though most of it is scraped,
                                                      scattered throughout the Miami                             Pine rocklands, rockland hammock,                  and only a small portion has a pine
                                                      metropolitan area, isolated from other                  marl prairie, and coastal habitats on                 canopy (Van der Heiden and Johnson
                                                      natural areas (Herndon 1998, p. 1).                     private land remain vulnerable to                     2013, p. 2). An additional 1.3 ha (3.2 ac)
                                                         Similarly, most of the pine rocklands                development, which could lead to the                  is being managed and supports 13,184
                                                      in the Florida Keys (Monroe County)                     loss of populations of these four species.            individuals of sand flax (about 18
                                                      have been impacted (Hodges and                          As noted earlier, all four plants have                percent of the estimated onsite
                                                      Bradley 2006, p. 6). Pine rocklands                     been impacted by development. The                     population) (Service 2011, p. 13).
                                                      historically covered 1,049 ha (2,592 ac)                sites of Small’s 1907 and 1911 L.                        Currently there are plans to develop
                                                      of Big Pine Key (Folk 1991, p. 188), the                arenicola collections in Miami-Dade                   55 ha (137 ac) of the largest remaining
                                                      largest area of pine rocklands in the                   County are now agricultural fields                    parcel of pine rocklands habitat in
                                                      Florida Keys. Pine rocklands now cover                  (Kernan and Bradley 1996, p. 4). A pine               Miami-Dade County, the Richmond pine
                                                      approximately 582 ha (1,438 ac) of the                  rocklands site that supported L.                      rocklands, with a shopping center and
                                                      island, a reduction of 56 percent                       arenicola on Vistalmar Street in Coral                residential construction (RAM 2014, p.
                                                      (Bradley and Saha 2009, p. 3). There                    Gables (Miami-Dade County) was                        2). Bradley and Gann (1999, p. 4) called
                                                      were no estimates of pine rocklands area                cleared and developed in 2005, as the                 the 345-ha (853-ac) Richmond pine
                                                      on the other islands historically, but                  Cocoplum housing development. A                       rocklands, ‘‘the largest and most
                                                      each contained much smaller amounts                     second pine rocklands site that                       important area of pine rockland in
                                                      of the habitat than Big Pine Key.                       supported L. arenicola, located on                    Miami-Dade County outside of
                                                      Remaining pine rocklands on Cudjoe                      private land on Old Cutler Road, was                  Everglades National Park.’’ Populations
                                                      Key cover 72 ha (178 ac), Little Pine has               developed into the Palmetto Bay Village               of Argythamnia blodgettii and Linum
                                                      53 ha (131 ac), No Name has 56 ha (138                  Center. L. arenicola has not been                     arenicola, along with numerous
                                                      ac), and Sugarloaf has 38 ha (94 ac). The               observed at either site since they were               federally listed species, occur there. The
                                                      total area of remaining pine rocklands in               developed. A former marl prairie site                 Miami-Dade County Department of
                                                      the Florida Keys is approximately 801                   supporting a sizable population of L.                 Environmental Resources Management
                                                      ha (1,979 ac). Currently, about 478 ha                  arenicola near Old Cutler Road and                    (DERM) has completed a management
                                                      (1,181 ac) (82 percent) of the pine                     Allapatah Drive (SW 112 Ave3.) in                     plan for portions of the Richmond pine
                                                      rocklands on Big Pine Key, and most of                  Miami-Dade County was extirpated                      rocklands under a grant from the
                                                      the pine rocklands on these other                       when the site was developed in the                    Service and is leading the restoration
                                                      islands, are protected within the                       1990s (Bradley and van der Heiden                     and management of the Richmond pine
                                                      National Key Deer Refuge and                            2013, pp. 6–12, 19). The Boca Chica Key               rocklands (Bradley and Gann 1999, p.
                                                      properties owned by the Nature                          population of L. arenicola was also                   4). The developer has proposed to enter
                                                      Conservancy, the State of Florida, and                  likely lost due to development (Hodges                into a habitat conservation plan in
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Monroe County (Bradley and Saha 2009,                   and Bradley 2006, p. 48).                             conjunction with their plans to develop
                                                      pp. 3–4). Based on the data presented                      Bradley and Gann (1999, p. 6) list 12              their portion of the site and was
                                                      above, the total remaining acreage of                   populations of Argythamnia blodgettii                 required by Miami-Dade County Natural
                                                      pine rocklands in Miami-Dade and                        in Miami-Dade County that were lost                   Forest Community (NFC) regulations to
                                                      Monroe Counties is now 8,981 ha                         when the site that supported them was                 set aside and manage 15 ha (39 ac) of
                                                      (22,079 ac) (approximately 8,140 ha                     developed. An A. blodgettii population                pine rocklands and 2 ha (4 ac) of
                                                      (20,100 ac) in Miami-Dade County, and                   on Key West was likely lost due to the                rockland hammock. A second project
                                                      801 ha (1,979 ac) in the Florida Keys                   near complete urbanization of the island              that would result in the loss of pine
                                                      (Monroe County)).                                       (Hodges and Bradley 2006, p. 43). Any                 rocklands habitat is also planned for the


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                                                                          Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules                                         58551

                                                      Richmond pine rocklands. It includes                    The total area of pine rockland on Big                investigated the effects of fragmentation
                                                      expanding the Miami Zoo complex to                      Pine Key has decreased by 56 percent                  on a pine rocklands plant, Angadenia
                                                      develop an amusement park and large                     from 1955 to the present (Bradley and                 berteroi (pineland golden trumpet),
                                                      retail mall.                                            Saha 2009, p. 3).                                     which is recognized by the State of
                                                         Approximately 25 percent of extant                      The human population within Miami-                 Florida as threatened, and found that
                                                      Linum arenicola occurrences (3 of 12                    Dade County is currently greater than                 abundance and fragment size were
                                                      sites), and 44 percent of extant                        2.4 million people, and is expected to                positively related. Possley et al. (2008,
                                                      Argythamnia blodgettii occurrences (13                  grow to more than 4 million by 2060, an               p. 385) studied the effects of fragment
                                                      of 34 sites), are located on private land;              annual increase of roughly 30,000                     size on species composition in south
                                                      no extant populations of Chamaecrista                   people (Zwick and Carr 2006, p. 20).                  Florida pine rocklands, and found that
                                                      lineata var. keyensis or Chamaesyce                     Overall, the human population in                      plant species richness and fragment size
                                                      deltoidea ssp. serpyllum are located                    Monroe County is expected to increase                 were positively correlated (although
                                                      entirely on private land. It is possible                from 79,589 to more than 92,287 people                some small fragments supported nearly
                                                      that the plants on private lands will be                by 2060 (Zwick and Carr 2006, p. 21).                 as many species as the largest fragment).
                                                      lost from most of these sites in the                    All vacant land in the Florida Keys is                Composition of fragmented habitat
                                                      future with increased pressure from                     projected to be developed by then,                    typically differs from that of intact
                                                      development and the other threats                       including lands currently inaccessible                forests; as isolation and edge effects
                                                      described below. Argythamnia                            for development, such as islands not                  increase, there is increased abundance
                                                      blodgettii is the only one of the four                  attached to the Overseas Highway (U.S.                of disturbance-adapted species (weedy
                                                      plants species which occurs in ENP,                     1) (Zwick and Carr 2006, p. 14).                      species, nonnative invasive species) and
                                                      where a population of over 2,000 plants                 However, in an effort to address the                  lower rates of pollination and propagule
                                                      is stable and prescribed fire and other                 impact of development on federally                    dispersal (Laurence and Bierregaard
                                                      management activities that benefit A.                   listed species, Monroe County                         1997, pp. 347–350; Noss and Csuti 1997,
                                                      blodgettii are conducted on a regular                   implemented a habitat conservation                    pp. 284–299). The degree to which
                                                      basis.                                                  plan (HCP) for Big Pine and No Name                   fragmentation threatens the dispersal
                                                         Most pine rocklands and rockland                     Keys in 2006. In order to fulfill the                 abilities of Chamaecrista lineata var.
                                                      hammock habitat is now limited to                       HCP’s mitigation requirements, the                    keyensis, Chamaesyce deltoidea ssp.
                                                      public conservation lands, where future                 County has been actively acquiring                    serpyllum, Linum arenicola, and
                                                      development and habitat alteration are                  parcels of high-quality pine rocklands,               Argythamnia blodgettii is unknown. In
                                                      less likely than on private lands.                      such as The Nature Conservancy’s 20-                  the historical landscape, where pine
                                                      However, public lands could be sold off                 acre Terrestris Tract on Big Pine Key,                rocklands occurred within a mosaic of
                                                      (or leased) in the future and become                    and managing them for conservation.                   wetlands, water may have acted as a
                                                      more likely to be developed or altered                  Although the HCP has helped to limit                  dispersal vector for all pine rocklands
                                                      in a way that negatively impacts the                    the impact of development, land                       seeds. In the current, fragmented
                                                      habitat. For example, at the SOCSOUTH                   development pressure and habitat losses               landscape, this type of dispersal would
                                                      site noted above (leased to DOD by                      may resume when the HCP expires in                    no longer be possible for any of the
                                                      Miami-Dade County), ongoing                             2023. If the HCP is not renewed,                      Miami-Dade populations. While
                                                      development of headquarters buildings                   residential or commercial development                 additional dispersal vectors may
                                                      SOCSOUTH has resulted in the loss of                    could increase to pre-HCP levels.                     include animals and (in certain
                                                      L. arenicola and pine rocklands habitat                    While Miami-Dade and Monroe
                                                                                                                                                                    locations) mowing equipment, it is
                                                      (Bradley and van der Heiden 2013, pp.                   County both have developed a network
                                                                                                                                                                    likely that fragmentation has effectively
                                                      8–10). Construction of visitor facilities               of public conservation lands that
                                                      such as parking lots, roads, trails, and                include pine rocklands, rockland                      reduced these plants’ ability to disperse
                                                      buildings can result in habitat loss on                 hammocks, marl prairies, and coastal                  and exchange genetic material.
                                                      public lands that are set aside as                      habitats, much of the remaining habitat                  While pollination research has not
                                                      preserves or parks.                                     occurs on private lands as well as                    been conducted for Chamaesyce
                                                         Roadside populations of                              publicly owned lands not managed for                  deltoidea ssp. serpyllum, Linum
                                                      Chamaecrista lineata var. keyensis,                     conservation. Species occurrences and                 arenicola, and Argythamnia blodgettii,
                                                      Chamaesyce deltoidea ssp. serpyllum,                    suitable habitat remaining on these                   research regarding other species and
                                                      Linum arenicola, and Argythamnia                        lands are threatened by habitat loss and              ecosystems, including Chamaecrista
                                                      blodgettii are vulnerable to habitat loss               degradation, and threats are expected to              lineata var. keyensis (discussed below),
                                                      and modification stemming from                          accelerate with increased development.                provides valuable information regarding
                                                      infrastructure projects such as road                    Further losses will seriously affect the              potential effects of fragmentation on
                                                      widening, and installation of                           four plant species’ ability to persist in             these plants. Effects of fragmentation on
                                                      underground cable, sewer, and water                     the wild and decrease the possibility of              pollinators may include changes to the
                                                      lines. The Lower Sugarloaf Key                          their recovery or recolonization.                     pollinator community as a result of
                                                      population of Linum arenicola was                                                                             limitation of pollinator-required
                                                      impacted by repaving of the road, which                 Habitat Fragmentation                                 resources (e.g., reduced availability of
                                                      placed asphalt on top of and adjacent to                   The remaining pine rocklands in the                rendezvous plants, nesting and roosting
                                                      the population (Hodges and Bradley                      Miami metropolitan area are severely                  sites, and nectar/pollen); these changes
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      2006, p. 41).                                           fragmented and isolated from each other               may include changes to pollinator
                                                         Although no entire populations of                    by vast areas of development.                         community composition, species
                                                      Chamaecrista lineata var. keyensis or                   Remaining pine rockland areas in the                  abundance and diversity, and pollinator
                                                      Chamaesyce deltoidea ssp. serpyllum                     Florida Keys are fragmented and are                   behavior (Rathcke and Jules 1993, pp.
                                                      have been extirpated by habitat loss due                located on small islands separated by                 273–275; Kremen and Ricketts 2000, p.
                                                      to development, the size and extent of                  ocean. Habitat fragmentation reduces                  1227; Harris and Johnson 2004, pp. 30–
                                                      these populations have been reduced on                  the size of plant populations and                     33). As a result, plants in fragmented
                                                      Big Pine Key (and surrounding islands                   increases spatial isolation of remnants.              habitats may experience lower visitation
                                                      for Chamecrista lineata var. keyensis).                 Barrios et al. (2011, p. 1062)                        rates, which in turn may result in


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                                                      58552               Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules

                                                      reduced seed production of the                          of natural fires. Where the term ‘‘fire-              hardwoods would result in a hot fire,
                                                      pollinated plant (which may lead to                     suppressed’’ is used below, it describes              which can kill mature pines.
                                                      reduced seedling recruitment), reduced                  degraded pine rocklands conditions                    Mechanical treatments cannot entirely
                                                      pollen dispersal, increased inbreeding,                 resulting from a lack of adequate fire                replace fire because pine trees,
                                                      reduced genetic variability, and                        (natural or prescribed) in the landscape.             understory shrubs, grasses, and herbs all
                                                      ultimately reduced population viability                 Historically, frequent (approximately                 contribute to an ever-increasing layer of
                                                      (Rathcke and Jules 1993, p. 275;                        twice per decade), lightning-induced                  leaf litter, covering herbs and preventing
                                                      Goverde et al. 2002, pp. 297–298; Harris                fires were a vital component in                       germination, as discussed above. Leaf
                                                      and Johnson 2004, pp. 33–34).                           maintaining native vegetation and                     litter will continue to accumulate even
                                                         In addition to affecting pollination,                ecosystem functioning within south                    if hardwoods are removed
                                                      fragmentation of natural habitats often                 Florida pine rocklands (see Background,               mechanically. In addition, the ashes left
                                                      alters other ecosystems’ functions and                  above). A period of just 10 years without             by fires provide important post-fire
                                                      disturbance regimes. Fragmentation                      fire may result in a marked decrease in               nutrient cycling, which is not provided
                                                      results in an increased proportion of                   the number of herbaceous species due to               via mechanical removal.
                                                      ‘‘edge’’ habitat, which in turn has a                   the effects of shading and litter                        Federal (Service, NPS), State (FDEP,
                                                      variety of effects, including changes in                accumulation (FNAI 2010, p. 63).                      FWC), and County land managers
                                                      microclimate and community structure                    Exclusion of fire for approximately 25                (Miami-Dade DERM), and nonprofit
                                                      at various distances from the edge                      years will likely result in gradual                   organizations (IRC) implement
                                                      (Margules and Pressey 2000, p. 248),                    hammock development over that time                    prescribed fire on public and private
                                                      altered spatial distribution of fire                    period, leaving a system that is very fire-           lands within the ranges of these four
                                                      (greater fire frequency in areas nearer                 resistant if additional pre-fire                      plants. While management of some
                                                      the edge) (Cochrane 2001, pp. 1518–                     management (e.g., mechanical                          County conservation lands includes
                                                      1519), and increased pressure from                      hardwood removal) is not undertaken.                  regular burning, other lands remain
                                                      nonnative, invasive plants and animals                     Today, natural fires are unlikely to               severely fire-suppressed. Even in areas
                                                      that may out-compete or disturb native                  occur or are likely to be suppressed in               under active management, some
                                                      plant populations. Liu and Koptur                       the remaining, highly fragmented pine                 portions are typically fire-suppressed.
                                                      (2003, p. 1184) reported decreases in                   rocklands habitat. The suppression of                    Miami-Dade County: Implementation
                                                      Chamaecrista lineata var. keyensis’s                    natural fires has reduced the size of the             of a prescribed fire program in Miami-
                                                      seed production in urban areas of Big                   areas that burn, and habitat                          Dade County has been hampered by a
                                                      Pine Key due to increased seed                          fragmentation has prevented fire from                 shortage of resources, as well as by
                                                      predation, compared with areas away                     moving across the landscape in a                      logistical difficulties and public concern
                                                      from development.                                       natural way. Without fire, successional               related to burning next to residential
                                                         The effects of fragmentation on fire go              climax from pine rocklands to rockland                areas. Many homes have been built in a
                                                      beyond edge effects and include                         hammock is rapid, and displacement of                 mosaic of pine rocklands, so the use of
                                                      reduced likelihood and extent of fires,                 native species by invasive, nonnative                 prescribed fire in many places has
                                                      and altered behavior and characteristics                plants often occurs. Understory plants                become complicated because of
                                                      (e.g., intensity) of those fires that do                such as Chamaecrista lineata var.                     potential danger to structures and
                                                      occur. Habitat fragmentation encourages                 keyensis, Chamaesyce deltoidea ssp.                   smoke generated from the burns.
                                                      the suppression of naturally occurring                  serpyllum, Linum arenicola, and                       Nonprofit organizations such as IRC
                                                      fires, and has prevented fire from                      Argythamnia blodgettii are shaded out                 have similar difficulties in conducting
                                                      moving across the landscape in a                        by hardwoods and nonnatives alike.                    prescribed burns due to difficulties with
                                                      natural way, resulting in an increased                  Shading may also be caused by a fire-                 permitting and obtaining the necessary
                                                      amount of habitat suffering from these                  suppressed pine canopy that has evaded                permissions as well as hazard insurance
                                                      negative impacts. High fragmentation of                 the natural thinning effects that fire has            limitations (Gann 2013a, pers. comm.).
                                                      small habitat patches within an urban                   on seedlings and smaller trees. Whether               Few private landowners have the means
                                                      matrix discourages the use of prescribed                the dense canopy is composed of pine,                 or desire to implement prescribed fire
                                                      fire as well due to logistical difficulties             hardwoods, nonnatives, or a                           on their property, and doing so in a
                                                      (see ‘‘Fire Management,’’ below). Forest                combination, seed germination and                     fragmented urban environment is
                                                      fragments in urban settings are also                    establishment are inhibited in fire-                  logistically difficult and may be costly.
                                                      subject to increased likelihood of certain              suppressed habitat due to accumulated                    All occurrences of Linum arenicola
                                                      types of human-related disturbance,                     leaf litter, which also changes soil                  and Argythamnia blodgettii in Miami-
                                                      such as the dumping of trash (Chavez                    moisture and nutrient availability (Hiers             Dade County are affected by some
                                                      and Tynon 2000, p. 405). The many                       et al. 2007, pp. 811–812). This alteration            degree of inadequate fire management of
                                                      effects of habitat fragmentation may                    to microhabitat can also inhibit seedling             pine rocklands and marl prairie habitat,
                                                      work in concert to threaten the local                   establishment as well as negatively                   with the primary threat being the
                                                      persistence of a species; when a species’               influence flower and fruit production                 modification and loss of habitat due to
                                                      range of occurrence is limited, threats to              (Wendelberger and Maschinski 2009,                    an increase in shrub and hardwood
                                                      local persistence increase extinction                   pp. 849–851), thereby reducing sexual                 dominance, eliminating suitable
                                                      risk.                                                   reproduction in fire-adapted species                  conditions for the four plants, and
                                                                                                              such as Chamaecrista lineata var.                     eventual succession to rockland
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Fire Management                                         keyensis, Chamaesyce deltoidea ssp.                   hammock.
                                                        One of the primary threats to                         serpyllum, L. arenicola, and A.                          In Miami-Dade County, Linum
                                                      Chamaecrista lineata var. keyensis,                     blodgettii (Geiger 2002, pp. 78–79, 81–               arenicola occurred along the south edge
                                                      Chamaesyce deltoidea ssp. serpyllum,                    83).                                                  of Bauer Drive on the northern border of
                                                      Linum arenicola, and Argythamnia                           After an extended period of                        a pine rockland owned by Miami-Dade
                                                      blodgettii is habitat modification and                  inadequate fire management in pine                    County. The property is occupied by a
                                                      degradation through inadequate fire                     rocklands, it becomes necessary to                    communications tower, and is not a
                                                      management, which includes both the                     control invading native hardwoods                     managed preserve. Kernan and Bradley
                                                      lack of prescribed fire and suppression                 mechanically, as excess growth of native              (1996) reported eight plants. At the time


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                                                                          Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules                                        58553

                                                      (1992 through 1996), the road shoulder                  rocklands in the lower Keys have                      Dade County currently has
                                                      was dominated by native grasses. Since                  burned at least every 5 years and                     approximately 59 pine rocklands
                                                      then, native canopy hardwoods have                      sometimes up to three times per decade                properties enrolled in this program,
                                                      invaded the site and eliminated the                     historically (Albritton 2009, p. 123;                 preserving 69.4 ha (172 ac) of pine
                                                      sunny conditions required by L.                         Horn et al. 2013, pp. 1–67; Harley 2012,              rocklands habitat (Johnson 2012, pers.
                                                      arenicola. It has not been seen since,                  pp. 1–246). From 1985 to 1992,                        comm.). The program also has
                                                      despite multiple surveys between 1997                   prescribed burns were conducted in the                approximately 21 rockland hammocks
                                                      and 2012, and is considered to be                       NKDR mainly for fuel reduction. There                 properties enrolled in this program,
                                                      extirpated. L. arenicola was discovered                 was no prescribed burning by Service                  preserving 20.64 ha (51 ac) of rockland
                                                      at Camp Owaissa Bauer by George N.                      staff in the NKDR from 1992–1997, in                  hammock habitat (Joyner 2013b, pers.
                                                      Avery in 1983. Since that time, the pine                part because not enough was known                     comm.). The vast majority of these
                                                      rocklands habitat where he found the                    about the ecological effects of prescribed            properties are small, and many are in
                                                      plants in the park suffered extremely                   fire in this system (Snyder et al. 1990,              need of habitat management such as
                                                      heavy hardwood recruitment due to fire                  p. 2).                                                prescribed fire and removal of
                                                      suppression. Despite recent hardwood                       All occurrences of Chamaecrista                    nonnative, invasive plants. Thus, while
                                                      control and reintroduction of fire, no                  lineata var. keyensis, Chamaesyce                     EEL covenant lands have the potential
                                                      plants have been relocated. At the                      deltoidea ssp. serpyllum, Linum                       to provide valuable habitat for these
                                                      Martinez pineland, a population of L.                   arenicola, and Argythamnia blodgettii                 plants and reduce threats in the near
                                                      arenicola in a marl prairie that became                 in the Florida Keys are affected by some              term, the actual effect of these
                                                      overgrown due to lack of fire has not                   degree of inadequate fire management of               conservation lands is largely determined
                                                      been observed since 2011. Plants may                    pine rocklands habitat, with the primary              by whether individual land owners
                                                      reappear at this site if prescribed fire is             threat being the modification and loss of             follow prescribed EEL management
                                                      implemented and viable seeds remain in                  habitat due to an increase in shrub and               plans and NFC regulations (see ‘‘Local’’
                                                      the soil (Bradley and van der Heiden                    hardwood dominance, eliminating                       under Factor D discussion, below).
                                                      2013, pp. 8–11). Bradley and Gann                       suitable conditions for the four plants,                 Fee Title Properties: In 1990, Miami-
                                                      (1999, pp. 71–72) suggested that the lack               and eventual succession to rockland                   Dade County voters approved a 2-year
                                                      of fires in most forest fragments in                    hammock.                                              property tax to fund the acquisition,
                                                      Miami-Dade County during the last                          Prescribed fire management over the                protection, and maintenance of natural
                                                      century may be one of the reasons why                   past decade has not been sufficient to                areas by the EEL Program. The EEL
                                                      L. arenicola occurs primarily in                        reverse long-term declines in                         Program purchases and manages natural
                                                      disturbed areas.                                        Chamaecrista lineata var. keyensis,                   lands for preservation. Land uses
                                                                                                              Chamaesyce deltoidea ssp. serpyllum,                  deemed incompatible with the
                                                         Monroe County (Florida Keys): Fire                   or Linum arenicola on Big Pine Key.                   protection of the natural resources are
                                                      management of pine rocklands of the                     Prescribed fire activity on Big Pine Key              prohibited by current regulations;
                                                      lower Florida Keys, most of which are                   and adjacent islands within NKDR                      however, the County Commission
                                                      within NKDR, is hampered by a                           appears to be insufficient to prevent loss            ultimately controls what may happen
                                                      shortage of resources, technical                        of pine rocklands habitat (Carlson et al.             with any County property, and land use
                                                      challenges, and expense of conducting                   1993, p. 914; Bergh and Wisby 1996, pp.               changes may occur over time (Gil 2013b,
                                                      prescribed fire in a matrix of public and               1–2; O’Brien 1998, p. 209; Bradley and                pers. comm.). To date, the Miami-Dade
                                                      private ownership. Residential and                      Saha 2009, pp. 28–29; Bradley et al.                  County EEL Program has acquired a
                                                      commercial properties are embedded                      2011, pp. 1–16). As a result, many of the             total of approximately 313 ha (775 ac)
                                                      within or in close proximity to pine                    pine rocklands across NKDR are being                  of pine rocklands, and 95 ha (236 ac) of
                                                      rocklands habitat (Snyder et al. 2005, p.               compromised by succession to rockland                 rockland hammocks (Guerra 2015, pers.
                                                      2; C. Anderson 2012a, pers. comm.). As                  hammock (Bradley and Saha 2009, pp.                   comm.; Gil 2013b, pers. comm.). The
                                                      a result, hand or mechanical vegetation                 28–29; Bradley et al. 2011, pp. 1–16).                EEL Program also manages
                                                      management may be necessary at select                                                                         approximately 314 ha (777 ac) of pine
                                                      locations on Big Pine Key (Emmel et al.                 Conservation Efforts To Reduce the
                                                                                                              Present or Threatened Destruction,                    rocklands, and 639 ha (1,578 ac) of
                                                      1995, p. 11; Minno 2009, pers. comm.;                                                                         tropical hardwood and rockland
                                                      Service 2010, pp. 1–68) to maintain or                  Modification, or Curtailment of Habitat
                                                                                                              or Range                                              hammocks owned by the Miami-Dade
                                                      restore pine rocklands. Mechanical                                                                            County Parks, Recreation and Open
                                                      treatments may be less beneficial than                     Miami-Dade County Environmentally                  Spaces Department, including some of
                                                      fire because they do not quickly convert                Endangered Lands (EEL) Covenant                       the largest remaining areas of pine
                                                      debris to nutrients, and remaining leaf                 Program: In 1979, Miami-Dade County                   rocklands habitat on the Miami Rock
                                                      litter may suppress seedling                            enacted the Environmentally                           Ridge outside of ENP (e.g., Larry and
                                                      development; fire has also been found to                Endangered Lands (EEL) Covenant                       Penny Thompson Park, Zoo Miami
                                                      stimulate seedling germination (C.                      Program, which reduces taxes for                      pinelands, Navy Wells Pineland
                                                      Anderson 2010, pers. comm.). Because                    private landowners of natural forest                  Preserve), and some of the largest
                                                      mechanical treatments may not provide                   communities (NFCs; pine rocklands and                 remaining areas of tropical hardwood
                                                      the same ecological benefits as fire,                   tropical hardwood hammocks) who                       and rockland hammocks (e.g., Matheson
                                                      NKDR continues to focus efforts on                      agree not to develop their property and               Hammock Park, Castellow Hammock
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      conducting prescribed fire where                        manage it for a period of 10 years, with              Park, Deering Estate Park and
                                                      possible (C. Anderson 2012a, pers.                      the option to renew for additional 10-                Preserves).
                                                      comm.). However, the majority of pine                   year periods (Service 1999, p. 3–177).                   Conservation efforts in Miami’s EEL
                                                      rocklands within NKDR are several                       Although these temporary conservation                 Preserves have been underway for many
                                                      years behind the ideal fire return                      easements provide valuable protection                 years. In Miami-Dade County,
                                                      interval (5–7 years) suggested for this                 for their duration, they are not                      conservation lands are and have been
                                                      ecosystem (Synder et al. 2005, p. 2;                    considered under Factor D, below,                     monitored by FTBG and IRC, in
                                                      Bradley and Saha 2011, pp. 1–16). Tree                  because they are voluntary agreements                 coordination with the EEL Program, to
                                                      ring and sediment data show that pine                   and not regulatory in nature. Miami-                  assess habitat status and determine any


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                                                      58554               Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules

                                                      changes that may pose a threat to or                    of refuges are compatible with their                  the estimated onsite population) based
                                                      alter the abundance of these species.                   purposes and the Refuge System’s                      on 2009 survey data. A conservation
                                                      Impacts to habitat (e.g., canopy) via                   wildlife conservation mission. The                    easement was established over the
                                                      nonnative species and natural stochastic                comprehensive conservation plans                      protected areas, and DOD has provided
                                                      events are monitored and actively                       (CCP) address conservation of fish,                   funds for management of the site,
                                                      managed in areas where the taxon is                     wildlife, and plant resources and their               including fencing and nonnative species
                                                      known to occur. These programs are                      related habitats, while providing                     control.
                                                      long-term and ongoing in Miami-Dade                     opportunities for compatible wildlife-
                                                      County; however, programs are limited                                                                         Summary of Factor A
                                                                                                              dependent recreation uses. An
                                                      by the availability of annual funding.                  overriding consideration reflected in                    We have identified a number of
                                                         Since 2005, the Service has funded                   these plans is that fish and wildlife                 threats to the habitat of Chamaecrista
                                                      IRC to facilitate restoration and                       conservation has first priority in refuge             lineata var. keyensis, Chamaesyce
                                                      management of privately owned pine                      management, and that public use be                    deltoidea ssp. serpyllum, Linum
                                                      rocklands habitats in Miami-Dade                        allowed and encouraged as long as it is               arenicola, and Argythamnia blodgettii
                                                      County. These programs included                         compatible with, or does not detract                  that have operated in the past, are
                                                      prescribed burns, nonnative plant                       from, the Refuge System mission and                   impacting these species now, and will
                                                      control, light debris removal, hardwood                 refuge purpose(s). The CCP for the                    continue to impact them in the future.
                                                      management, reintroduction of pines                     Lower Florida Keys National Wildlife                  Habitat loss, fragmentation, and
                                                      where needed, and development of                        Refuges (NKDR, Key West National                      degradation, and associated pressures
                                                      management plans. One of these                          Wildlife Refuge, and Great White Heron                from increased human population, are
                                                      programs, called the Pine Rockland                      National Wildlife Refuge) provides a                  major threats; these threats are expected
                                                      Initiative, includes 10-year cooperative                description of the environment and                    to continue, placing these plants at
                                                      agreements between participating                        priority resource issues that were                    greater risk. All four plants may be
                                                      landowners and the Service/IRC to                       considered in developing the objectives               impacted when pine rocklands are
                                                      ensure restored areas will be managed                   and strategies that guide management                  converted to other uses or when lack of
                                                      appropriately during that time.                         over the next 15 years. The CCP                       fire causes the conversion to hardwood
                                                      Although most of these objectives have                  promotes the enhancement of wildlife                  hammocks or other unsuitable habitat
                                                      been achieved, IRC has not been able to                 populations by maintaining and                        conditions. Any populations of these
                                                      conduct the desired prescribed burns,                   enhancing a diversity and abundance of                species found on private property could
                                                      due to logistical difficulties as discussed             habitats for native plants and animals,               be destroyed by development; the
                                                      earlier (see ‘‘Fire Management,’’ above).               especially imperiled species that are                 limited pine rocklands, rockland
                                                         Connect to Protect Program: Fairchild                found only in the Florida Keys. The CCP               hammock, and coastal berm habitat on
                                                      Tropical Botanic Garden (FTBG), with
                                                                                                              also provides for obtaining baseline data             public lands can also be affected by
                                                      the support of various Federal, State,
                                                                                                              and monitoring indicator species to                   development of recreational facilities or
                                                      and local agencies and nonprofit
                                                                                                              detect changes in ecosystem diversity                 infrastructure projects. Although efforts
                                                      organizations, has established the
                                                                                                              and integrity related to climate change.              are being made to conserve publicly and
                                                      ‘‘Connect to Protect Network.’’ The
                                                                                                              The CCP provides specifically for                     privately owned natural areas and apply
                                                      objective of this program is to encourage
                                                                                                              maintaining and expanding populations                 prescribed fire, the long-term effects of
                                                      widespread participation of citizens to
                                                                                                              of candidate plant species, including                 large-scale and wide-ranging habitat
                                                      create corridors of healthy pine
                                                                                                              Chamaecrista lineata var. keyensis,                   modification, destruction, and
                                                      rocklands by planting stepping stone
                                                                                                              Chamaesyce deltoidea ssp. serpyllum,                  curtailment will last into the future,
                                                      gardens and rights-of-way with native
                                                      pine rocklands species, and restoring                   Linum arenicola, and Argythamnia                      while ongoing habitat loss due to
                                                      isolated pine rocklands fragments. By                   blodgettii, all four of which are found in            population growth, development, and
                                                      doing this, FTBG hopes to increase the                  this refuge complex.                                  agricultural conversion continues to
                                                      probability that pollination and seed                      Department of Defense Lands: The                   pose a threat. Therefore, based on the
                                                      dispersal vectors can find and transport                Sikes Act requires the DOD to develop                 best information available, we have
                                                      seeds and pollen across developed areas                 and implement integrated natural                      determined that the threats to the four
                                                      that separate pine rocklands fragments                  resources management plans (INRMPs)                   plants from habitat destruction,
                                                      to improve gene flow between                            for military installations across the                 modification, or curtailment are
                                                      fragmented plant populations and                        United States (see also Factor D                      occurring throughout the entire range of
                                                      increase the likelihood that these plants               discussion, below). INRMPs are                        the species and are expected to continue
                                                      will persist over the long term.                        prepared in cooperation with the                      into the future.
                                                      Although these projects may serve as                    Service and State fish and wildlife                   Factor B. Overutilization for
                                                      valuable components toward the                          agencies to ensure proper consideration               Commercial, Recreational, Scientific, or
                                                      conservation of pine rocklands species                  of fish, wildlife, and habitat needs. The             Educational Purposes
                                                      and habitat, they are dependent on                      DOD has an approved INRMP for
                                                      continual funding, as well as                           KWNAS on Boca Chica Key that                            The best available data do not
                                                      participation from private landowners,                  includes measures that will protect and               indicate that overutilization for
                                                      both of which may vary through time.                    enhance Argythamnia blodgettii habitat,               commercial, recreational, scientific, or
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                         National Wildlife Refuges: The                       including nonnative species control                   educational purposes is a threat to
                                                      National Wildlife Refuge System                         (DOD 2014, p. 69). Furthermore, DOD is                Chamaecrista lineata var. keyensis,
                                                      Improvement Act of 1997 (16 U.S.C.                      currently preparing an INRMP for HARB                 Chamaesyce deltoidea ssp. serpyllum,
                                                      668dd note) and the Fish and Wildlife                   and SOCSOUTH. A previous biological                   Linum arenicola, or Argythamnia
                                                      Service Manual (601 FW 3, 602 FW 3)                     opinion (Service 2011, entire) required               blodgettii. Threats to these plants
                                                      require maintaining biological integrity                SOCSOUTH to protect and manage 7.4                    related to other aspects of recreation and
                                                      and diversity, require comprehensive                    ha (18.3 ac) of pine rocklands habitat                similar human activities (i.e., not related
                                                      conservation planning for each refuge,                  and 70,909 individuals of Linum                       to overutilization) are discussed under
                                                      and set standards to ensure that all uses               arenicola (approximately 96 percent of                Factor E.


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                                                                          Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules                                         58555

                                                      Factor C. Disease or Predation                          existing Federal, State, and local                    Deer Refuge, Key West National Wildlife
                                                         No diseases or incidences of                         regulatory mechanisms to determine                    Refuge, and Great White Heron National
                                                      predation have been reported for                        whether they effectively reduce or                    Wildlife Refuge) and the CCP for the
                                                      Chamaesyce deltoidea ssp. serpyllum or                  remove threats to Chamaecrista lineata                Crocodile Lake National Wildlife Refuge
                                                      Argythamnia blodgettii.                                 var. keyensis, Chamaesyce deltoidea                   provide for Chamaecrista lineata var.
                                                         Key deer are known to occasional                     ssp. serpyllum, Linum arenicola, and                  keyensis, Chamaesyce deltoidea ssp.
                                                      browse plants indiscriminately,                         Argythamnia blodgettii.                               serpyllum, Linum arenicola, and
                                                      including Chamaecrista lineata var.                     Federal                                               Argythamnia blodgettii as described
                                                      keyensis and Linum arenicola. Key deer                                                                        above. Linum arenicola occurs on DOD
                                                                                                                 As Federal candidate species, the four             lands at HARB and SOCSOUTH. L.
                                                      do not appear to feed on Argythamnia                    plant species are afforded some
                                                      blodgettii, probably due to potential                                                                         arenicola and A. blodgettii occur on
                                                                                                              protection through sections 7 and 10 of               Federal lands within the Richmond
                                                      toxicity (Hodges and Bradley 2006, p.                   the Act and associated policies and
                                                      19).                                                                                                          Pinelands Complex, including lands
                                                                                                              guidelines. Service policy requires                   owned by the U.S. Coast Guard and the
                                                         Seed predation by an insect occurs in                candidate species be treated as proposed
                                                      Chamaecrista lineata var. keyensis, and                                                                       National Oceanic and Atmospheric
                                                                                                              species for purposes of intra-Service                 Association (NOAA; small portion of
                                                      seems to be exacerbated by habitat                      consultations and conferences where
                                                      fragmentation. Individuals at the urban                                                                       Martinez Pineland).
                                                                                                              the Service’s actions may affect                        As discussed under Factor A, above,
                                                      edge suffer higher insect seed predation                candidate species. Other Federal action
                                                      than those inside the forest (Liu and                                                                         the DOD has an approved INRMP for
                                                                                                              agencies (e.g., NPS) are to consider the
                                                      Koptur 2003, p. 1184).                                                                                        KWNAS on Boca Chica Key that
                                                                                                              potential effects (e.g., prescribed fire,
                                                         While seed predation and occasional                                                                        includes measures that will protect and
                                                                                                              pesticide treatments) to these plants and
                                                      Key deer browsing may be a stressor,                                                                          enhance Argythamnia blodgettii habitat,
                                                                                                              their habitat during the consultation and
                                                      they do not appear to rise to the level                                                                       including nonnative species control
                                                                                                              conference process. Applicants and
                                                      of threat at this time. Therefore, the best                                                                   (DOD 2014, p. 69). Furthermore, DOD is
                                                                                                              Federal action agencies are encouraged
                                                      available data do not indicate that                                                                           currently preparing an INRMP for HARB
                                                                                                              to consider candidate species when
                                                      disease or predation is a threat to                                                                           and SOCSOUTH. A 2011 Service
                                                                                                              seeking incidental take for other listed
                                                      Chamaecrista lineata var. keyensis or                                                                         biological opinion requires SOCSOUTH
                                                                                                              species and when developing habitat
                                                      Linum arenicola.                                                                                              to protect and manage 7.4 ha (18.3 ac)
                                                                                                              conservation plans. However, candidate
                                                                                                              species do not receive the same level of              of pine rocklands habitat and 70,909
                                                      Factor D. The Inadequacy of Existing                                                                          individuals of Linum arenicola
                                                      Regulatory Mechanisms                                   protection that a listed species would
                                                                                                              under the Act.                                        (approximately 96 percent of the
                                                         Under this factor, we examine                           Populations of Argythamnia blodgettii              estimated onsite population) based on
                                                      whether threats to these plants are                     within ENP are protected by NPS                       2009 survey data. A conservation
                                                      discussed under the other factors are                   regulations at 36 CFR 2.1, which                      easement was established over the
                                                      continuing due to an inadequacy of an                   prohibit visitors from harming or                     protected areas, and DOD has provided
                                                      existing regulatory mechanism. Section                  removing plants, listed or otherwise,                 funds for management of the site,
                                                      4(b)(1)(A) of the Act requires the Service              from ENP. However, the regulations do                 including fencing and nonnative species
                                                      to take into account ‘‘those efforts, if                not address actions taken by NPS that                 control.
                                                      any, being made by any State or foreign                 cause habitat loss or modification.                     Populations of the four plants that
                                                      nation, or any political subdivision of a                  Populations of the four plants within              occur on State- or County-owned
                                                      State or foreign nation, to protect such                Florida Keys Wildlife Refuge Complex                  properties and development of these
                                                      species.’’ In relation to Factor D under                benefit from the National Wildlife                    areas will likely require no Federal
                                                      the Act, we interpret this language to                  Refuge System Improvement Act of                      permit or other authorization. Therefore,
                                                      require the Service to consider relevant                1997 and the Fish and Wildlife Service                projects that affect them on State- and
                                                      Federal, State, and tribal laws,                        Manual (601 FW 3, 602 FW 3), which                    County-owned lands do not have
                                                      regulations, and other such mechanisms                  require the Service to maintain                       Federal oversight, such as complying
                                                      that may minimize any of the threats we                 biological integrity and diversity,                   with the National Environmental Policy
                                                      describe in threat analyses under the                   require comprehensive conservation                    Act (NEPA) (42 U.S.C. 4321 et seq.),
                                                      other four factors, or otherwise enhance                planning for each refuge, and set                     unless the project has a Federal nexus
                                                      conservation of the species. We give                    standards to ensure that all uses of                  (Federal funding, permits, or other
                                                      strongest weight to statutes and their                  refuges are compatible with their                     authorizations). Therefore, the four
                                                      implementing regulations and to                         purposes and the Refuge System’s                      plants have no direct Federal regulatory
                                                      management direction that stems from                    wildlife conservation mission. The CCP                protection in these areas.
                                                      those laws and regulations. An example                  for a refuge addresses conservation of                State
                                                      would be State governmental actions                     fish, wildlife, and plant resources and
                                                      enforced under a State statute or                       their related habitats, while providing                 Chamaecrista lineata var. keyensis,
                                                      constitution or Federal action under                    opportunities for compatible wildlife-                Chamaesyce deltoidea ssp. serpyllum,
                                                      statute.                                                dependent recreation uses. An                         Linum arenicola, and Argythamnia
                                                         Having evaluated the impact of the                   overriding consideration reflected in                 blodgettii are listed on the Regulated
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                                                      threats as mitigated by any such                        these plans is that fish and wildlife                 Plant Index (Index) as endangered under
                                                      conservation efforts, we analyze under                  conservation has first priority in refuge             chapter 5B–40, Florida Administrative
                                                      Factor D the extent to which existing                   management, and that public use be                    Code. This listing provides little or no
                                                      regulatory mechanisms are inadequate                    allowed and encouraged as long as it is               habitat protection beyond the State’s
                                                      to address the specific threats to the                  compatible with, or does not detract                  development of a regional impact
                                                      species. Regulatory mechanisms, if they                 from, the Refuge System mission and                   process, which discloses impacts from
                                                      exist, may reduce or eliminate the                      refuge purpose(s).                                    projects, but provides no regulatory
                                                      impacts from one or more identified                        The CCP for the Lower Florida Keys                 protection for State-listed plants on
                                                      threats. In this section, we review                     National Wildlife Refuges (National Key               private lands.


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                                                      58556               Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules

                                                         Florida Statutes 581.185 sections                    perpetual covenant. The code requires                 legal threshold of an NFC, which
                                                      (3)(a) and (3)(b) prohibit any person                   that no more than 10 percent of a                     applies only to land dominated by
                                                      from willfully destroying or harvesting                 rockland hammock designated as NFC                    native vegetation. When development of
                                                      any species listed as endangered or                     may be developed for properties greater               such degraded NFCs is proposed,
                                                      threatened on the Index, or growing                     than 5 acres and that the remaining 90                Miami-Dade County Code requires
                                                      such a plant on the private land of                     percent be placed under a perpetual                   delisting of the degraded areas as part of
                                                      another, or on any public land, without                 covenant for preservation purposes                    the development process. Property
                                                      first obtaining the written permission of               (Joyner 2013a, 2014, pers. comm.; Lima                previously designated as NFC is
                                                      the landowner and a permit from the                     2014, pers. comm.). However, for                      removed from the list even before
                                                      Florida Department of Plant Industry.                   properties less than 5 acres, up to one-              development is initiated because of the
                                                      The statute further provides that any                   half an acre may be cleared if the                    abundance of nonnative species, making
                                                      person willfully destroying or                          request is deemed a reasonable use of                 it no longer considered to be
                                                      harvesting; transporting, carrying, or                  property; this allowance often may be                 jurisdictional or subject to the NFC
                                                      conveying on any public road or                         greater than 20 percent (for pine                     protection requirements of Miami-Dade
                                                      highway; or selling or offering for sale                rocklands) or 10 percent (for rockland                County Code (Grossenbacher 2013, pers.
                                                      any plant listed in the Index as                        hammock) of the property (Lima 2014,                  comm.).
                                                      endangered must have a permit from the                  pers. comm.). NFC landowners are also                 Summary of Factor D
                                                      State at all times when engaged in any                  required to obtain an NFC permit for
                                                      such activities. Further, Florida Statutes              any work, including removal of                           Currently, Chamaecrista lineata var.
                                                      581.185 section (10) provides for                       nonnatives within the boundaries of the               keyensis, Chamaesyce deltoidea ssp.
                                                      consultation similar to section 7 of the                NFC on their property. When RER                       serpyllum, Linum arenicola, and
                                                      Act for listed species, by requiring the                discovers unpermitted work, it takes                  Argythamnia blodgettii are found on
                                                      Department of Transportation to notify                  appropriate enforcement action and                    Federal, State, and County lands;
                                                      the FDACS and the Endangered Plant                      seeks restoration when possible. The                  however, there is no regulatory
                                                      Advisory Council of planned highway                     NFC program is responsible for ensuring               mechanism in place that provides
                                                      construction at the time bids are first                 that NFC permits are issued in                        substantive protection of habitat or
                                                      advertised, to facilitate evaluation of the             accordance with the limitations and                   protection of potentially suitable habitat
                                                      project for listed plant populations, and               requirements of the county code and                   at this time. NPS and USFWS Refuge
                                                      to provide ‘‘for the appropriate disposal                                                                     regulations provide protection at ENP
                                                                                                              that appropriate NFC preserves are
                                                      of such plants’’ (i.e., transplanting).                                                                       and the Florida Keys Wildife Refuge
                                                                                                              established and maintained in
                                                         However, this statute provides no                                                                          Complex, respectively. The Act
                                                                                                              conjunction with the issuance of an
                                                      substantive protection of habitat or                                                                          provides some protection for candidate
                                                                                                              NFC permit when development occurs.
                                                      protection of potentially suitable habitat                                                                    species on NWRs and during intra-
                                                                                                              The NFC program currently regulates
                                                      at this time. Florida Statutes 581.185                                                                        Service section 7 consultations. State
                                                                                                              approximately 600 pine rocklands or
                                                      section (8) waives State regulation for                                                                       regulations provide protection against
                                                                                                              pine rocklands/hammock properties,
                                                      certain classes of activities for all                                                                         trade, but allow private landowners or
                                                                                                              comprising approximately 1,200 ha
                                                      species on the Index, including the                                                                           their agents to clear or remove species
                                                                                                              (3,000 ac) of habitat (Joyner 2013, pers.
                                                      clearing or removal of regulated plants                                                                       on the Florida Regulated Plant Index.
                                                                                                              comm.).
                                                      for agricultural, forestry, mining,                                                                           State Park regulations provide
                                                      construction (residential, commercial,                     Although the NFC program is                        protection for plants within Florida
                                                      or infrastructure), and fire-control                    designed to protect rare and important                State Parks. The NFC program in Miami
                                                      activities by a private landowner or his                upland (non-wetlands) habitats in south               is designed to protect rare and
                                                      or her agent.                                           Florida, it is a regulatory strategy with             important upland (non-wetlands)
                                                                                                              limitations. For example, in certain                  habitats in south Florida; however, this
                                                      Local                                                   circumstances where landowners can                    regulatory strategy has several
                                                         In 1984, section 24–49 of the Code of                demonstrate that limiting development                 limitations (as described above) that
                                                      Miami-Dade County established                           to 20 percent (for pine rocklands) or 10              reduce its ability to protect the four
                                                      regulation of County-designated NFCs.                   percent (for rockland hammock) does                   plants and their habitats.
                                                      These regulations were placed on                        not allow for ‘‘reasonable use’’ of the                  Although many populations of the
                                                      specific properties throughout the                      property, additional development may                  four plants are afforded some level of
                                                      County by an act of the Board of County                 be approved. Furthermore, Miami-Dade                  protection because they are on public
                                                      Commissioners in an effort to protect                   County Code provides for up to 100                    conservation lands, existing regulatory
                                                      environmentally sensitive forest lands.                 percent of the NFC to be developed in                 mechanisms have not led to a reduction
                                                      The Miami-Dade County Department of                     limited circumstances for parcels less                or removal of threats posed to these
                                                      Regulatory and Economic Resources                       than 2.02 ha (5 ac) in size and only                  plants by a wide array of sources (see
                                                      (RER) has regulatory authority over                     requires coordination with landowners                 discussions under Factor A, above, and
                                                      these County-designated NFCs and is                     if they plan to develop property or                   Factor E, below).
                                                      charged with enforcing regulations that                 perform work within the NFC
                                                      provide partial protection of remaining                 designated area. Therefore, many of the               Factor E. Other Natural or Manmade
                                                      upland forested areas designated as NFC                 existing private forested NFC parcels                 Factors Affecting Its Continued
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                                                      on the Miami Rock Ridge. NFC                            remain fragmented, without                            Existence
                                                      regulations are designed to prevent                     management obligations or preserve                       Other natural or manmade factors
                                                      clearing or destruction of native                       designation, as development has not                   affect Chamaecrista lineata var.
                                                      vegetation within preserved areas.                      been proposed at a level that would                   keyensis, Chamaesyce deltoidea ssp.
                                                      Miami-Dade County Code typically                        trigger the NFC regulatory requirements.              serpyllum, Linum arenicola, and
                                                      allows up to 20 percent of pine                         Often, nonnative vegetation over time                 Argythamnia blodgettii to varying
                                                      rocklands designated as NFC to be                       begins to dominate and degrade the                    degrees. Specific threats to these plants
                                                      developed, and requires that the                        undeveloped and unmanaged NFC                         included in this factor consist of the
                                                      remaining 80 percent be placed under a                  landscape until it no longer meets the                spread of nonnative, invasive plants;


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                                                                          Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules                                           58557

                                                      potentially incompatible management                     Chamaesyce deltoidea ssp. serpyllum,                  associated costs, lack of interest, or lack
                                                      practices (such as mowing and                           Linum arenicola, and Argythamnia                      of knowledge of detrimental impacts to
                                                      herbicide use); direct impacts to plants                blodgettii. Dense infestations of                     the ecosystem. Undiscovered
                                                      from recreation and other human                         Neyraudia neyraudia and Schinus                       populations of the four plants on private
                                                      activities; small population size and                   terebinthifolius cause higher fire                    lands could certainly be at risk. Overall,
                                                      isolation; effects of pesticide spraying                temperatures and longer burning                       active management is necessary to
                                                      on pollinators; climate change and sea                  periods. With the presence of invasive,               control for nonnative species and to
                                                      level rise (SLR); and risks from                        nonnative species, it is uncertain how                protect unique and rare habitats where
                                                      environmental stochasticity (extreme                    fire, even under a managed situation,                 the four plants occur (Snyder et al.
                                                      weather) on these small populations.                    will affect these plants.                             1990, p. 273).
                                                      Each of these threats and its specific                     At least 162 nonnative plant species
                                                                                                              are known to invade rockland                          Management of Roadsides and
                                                      effect on these plants is discussed in
                                                                                                              hammocks; impacts are particularly                    Disturbed Areas
                                                      detail below.
                                                                                                              severe on the Miami Rock Ridge                           All four plants occur in disturbed
                                                      Nonnative Plant Species                                 (Service 1999, pp. 3–135). Nonnative                  areas such as roadsides and areas that
                                                         Nonnative, invasive plants compete                   plant species have significantly affected             formerly were pine rocklands. Linum
                                                      with native plants for space, light,                    rockland hammocks where                               arenicola is particularly vulnerable to
                                                      water, and nutrients, and make habitat                  Argythamnia blodgettii occurs and are                 management practices in these areas
                                                      conditions unsuitable for Chamaecrista                  considered one of the threats to the                  because nearly all populations of the
                                                      lineata var. keyensis, Chamaesyce                       species (Snyder et al. 1990, p. 273;                  species are currently found on disturbed
                                                      deltoidea ssp. serpyllum, Linum                         Hodges and Bradley 2006, p. 14). In                   sites. The large L. arenicola population
                                                      arenicola, and Argythamnia blodgettii,                  many Miami-Dade County parks,                         at HARB and SOCSOUTH is located
                                                      which prefer open conditions. Bradley                   nonnative plant species comprise 50                   largely in areas that are regularly
                                                      and Gann (1999, pp. 13, 71–72)                          percent of the flora in hammock                       mowed. Similarly, the small population
                                                      indicated that the control of nonnative                 fragments (Service 1999, pp. 3–135).                  of L. arenicola at the Everglades Archery
                                                      plants is one of the most important                     Horvitz (et al. 1998, p. 968) suggests the            Range, which is owned by Miami-Dade
                                                      conservation actions for these plants                   displacement of native species by                     County and managed as a part of Camp
                                                      and a critical part of habitat                          nonnative species in conservation and                 Owaissa Bauer, is growing along the
                                                      maintenance.                                            preserve areas is a complex problem                   edges of the unimproved perimeter road
                                                         Nonnative plants have significantly                  with serious impacts to biodiversity                  that is regularly mowed. Finally, the
                                                      affected pine rocklands, and threaten all               conservation, as management in these                  two populations of L. arenicola on canal
                                                      occurrences of these four species to                    areas generally does not protect native               banks are subject to mowing, herbicide
                                                      some degree (Bradley 2006, pp. 25–26;                   species and ecological processes, as                  treatments, and revegetation efforts
                                                      Bradley and Gann 1999, pp. 18–19;                       intended. Problematic nonnative,                      (sodding) (Bradley and van der Heiden
                                                      Bradley and Saha 2009, p. 25; Bradley                   invasive plants associated with rockland              2013, pp. 8–10). The population of
                                                      and van der Heiden 2013, pp. 12–16).                    hammocks include Leucaena                             Argythamnia blodgettii at Lignumvitae
                                                      As a result of human activities, at least               leucocephala (lead tree), Schinus                     Key Botanical State Park grows around
                                                      277 taxa of nonnative plants have                       terebinthifolius, Bischofia javanica                  the perimeter of the large lawn around
                                                      invaded pine rocklands throughout                       (bishop wood), Syngonium                              the residence. Maintenance activities
                                                      south Florida (Service 1999, p. 3–175).                 podophyllum (American evergreen),                     and encroachment of exotic lawn
                                                      Neyraudia neyraudia (Burma reed) and                    Jasminum fluminense (Brazilian                        grasses are potential threats to this
                                                      Schinus terebinthifolius (Brazilian                     jasmine), Rubus niveus (mysore                        population (Hodges and Bradley 2006,
                                                      pepper) threaten all four species                       raspberry), Thelypteris opulenta                      p. 14). At Windley Key State Park, A.
                                                      (Bradley and Gann 1999, pp. 13, 72). S.                 (jeweled maiden fern), Nephrolepis                    blodgettii grows in two quarry bottoms.
                                                      terebinthifolius, a nonnative tree, is the              multiflora (Asian swordfern), Schefflera              In the first, larger quarry, to the east of
                                                      most widespread and one of the most                     actinophylla (octopus tree), Jasminum                 the visitor center, plants apparently
                                                      invasive species. It forms dense thickets               dichotomum (Gold Coast jasmine),                      persist only in natural areas not being
                                                      of tangled, woody stems that completely                 Epipremnum pinnatum (centipede                        mowed. However, the majority of the
                                                      shade out and displace native vegetation                tongavine), and Nephrolepis cordifolia                plants are in the farthest quarry, which
                                                      (Loflin 1991, p. 19; Langeland and                      (narrow swordfern) (Possley 2013h–i,                  is not mowed (Hodges and Bradley
                                                      Craddock Burks 1998, p. 54). Acacia                     pers. comm.).                                         2006, p. 15).
                                                      auriculiformis (earleaf acacia),                           Management of nonnative, invasive                     While no studies have investigated
                                                      Rhynchelytrum repens (natal grass),                     plants in pine rocklands and rockland                 the effect of mowing on the four plants,
                                                      Lantana camara (shrub verbena), and                     hammocks in Miami-Dade County is                      research has been conducted on the
                                                      Albizia lebbeck (tongue tree) are some of               further complicated because the vast                  federally endangered Linum carteri var.
                                                      the other nonnative species in pine                     majority of pine rocklands and rockland               carteri (Carter’s small-flowered flax, a
                                                      rocklands. More species of nonnative                    hammocks are small, fragmented areas                  close relative of Linum arenicola that
                                                      plants could become problems in the                     bordered by urban development. In the                 also occurs in pine rocklands and
                                                      future, such as Lygodium microphyllum                   Florida Keys, larger fragments are                    disturbed sites). The study found
                                                      (Old World climbing fern), which is a                   interspersed with development.                        significantly higher densities of plants
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                                                      serious threat throughout south Florida.                Developed or unmanaged areas that                     at the mown sites where competition
                                                      Nonnative plants in pine rocklands can                  contain nonnative species can act as a                with other plants is decreased
                                                      also affect the characteristics of a fire               seed source for nonnatives, allowing                  (Maschinski and Walters 2007, p. 56).
                                                      when it does occur. Historically, pine                  them to continue to invade managed                    However, plants growing on mown sites
                                                      rocklands had an open, low understory                   pine rocklands or rockland hammocks                   were shorter, which may affect fruiting
                                                      where natural fires remained patchy                     (Bradley and Gann 1999, p. 13).                       magnitude. While mowing did not
                                                      with low temperature intensity, thus                       Nonnative plant species are also a                 usually kill adult plants, if mowing
                                                      sparing many native plants such as                      concern on private lands, where often                 occurred prior to plants reaching
                                                      Chamaecrista lineata var. keyensis,                     these species are not controlled due to               reproductive status, it could delay


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                                                      58558               Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules

                                                      reproduction (Maschinski and Walters                    control may include the loss of                       climatological probabilities, with a 51
                                                      2007, pp. 56–57). If such mowing occurs                 pollinating insects upon which certain                percent probability of a hurricane
                                                      repeatedly, reproduction of those plants                plants depend.                                        (Category 1 or 2) and a 21 percent
                                                      would be entirely eliminated. If,                          Koptur and Liu (2003, p. 1184)                     probability of a major hurricane
                                                      instead, mowing occurs at least 3 weeks                 reported a decrease in Chamaecrista                   (Category 3 or higher). From 1856 to
                                                      after flowering, there would be a higher                lineata var. keyensis pollinator activity             2008, Florida experienced 109
                                                      probability of adults setting fruit prior to            following mosquito spraying on Big                    hurricanes, 36 of which were
                                                      mowing; mowing may then act as a                        Pine Key. Mosquito spraying is common                 considered major hurricanes. Given the
                                                      positive disturbance by both scattering                 on Big Pine Key, and its suppression of               few isolated populations and restricted
                                                      seeds and reducing competition                          pollinator populations may have a long-               range of the four plants in locations
                                                      (Maschinski and Walters 2007, p. 57).                   term impact on reproduction rates.                    prone to storm influences (i.e., Miami-
                                                      The exact impacts of mowing thus                        Similar problems with mosquito                        Dade and Monroe Counties), they are at
                                                      depend on the timing of the mowing                      spraying and effects of forest                        substantial risk from hurricanes, storm
                                                      event, rainfall prior to and following                  fragmentation and proximity to homes                  surges, and other extreme weather
                                                      mowing, and the numbers of plants in                    and business may also be impacting                    events.
                                                      the population that have reached a                      Chamaesyce deltoidea ssp. serpyllum                      Hurricanes, storm surge, and extreme
                                                      reproductive state.                                     and Linum arenicola (Bradley 2006, p.                 high tide events are natural events that
                                                         Herbicide applications, the                          36).                                                  can pose a threat to the four plants.
                                                      installation of sod, and dumping may                                                                          Hurricanes and tropical storms can
                                                                                                              Environmental Stochasticity
                                                      affect populations of the four plants that                                                                    modify habitat (e.g., through storm
                                                      occur on roadsides, canals banks, and                      Endemic species whose populations                  surge) and have the potential to destroy
                                                      other disturbed sites. Signs of herbicide               exhibit a high degree of isolation and                entire populations. Climate change may
                                                      application were noted at the site of the               narrow geographic distribution, such as               lead to increased frequency and
                                                      Big Torch Key roadside population of                    Chamaecrista lineata var. keyensis,                   duration of severe storms (Golladay et
                                                      Linum arenicola in 2010 (Hodges 2010,                   Chamaesyce deltoidea ssp. serpyllum,                  al. 2004, p. 504; McLaughlin et al. 2002,
                                                      p. 2). At the L–31 E canal site, plants of              Linum arenicola, and Argythamnia                      p. 6074; Cook et al. 2004, p. 1015). The
                                                      L. arenicola were lost on the levee close               blodgettii, are extremely susceptible to              four plants experienced these
                                                      to Card Sound Road due to the                           extinction from both random and                       disturbances historically, but had the
                                                      installation of Bahia grass (Paspalum                   nonrandom catastrophic natural or                     benefit of more abundant and
                                                      conjugatum) sod in recent years, an                     human-caused events. Of the four                      contiguous habitat to buffer them from
                                                      activity associated with the installation               species, Argythamnia blodgettii is                    extirpations. With most of the historical
                                                      of new culverts. If similar projects are                probably less vulnerable because of the               habitat having been destroyed or
                                                      planned, other erosion control measures                 larger number of sites where it occurs                modified, the few remaining
                                                      should be investigated that do not pose                 throughout Miami-Dade and Monroe                      populations of these plants could face
                                                      a threat to L. arenicola (Bradley and Van               Counties. Small populations of species,               local extirpations due to stochastic
                                                      Der Heiden 2013, p. 10). Illegal                        without positive growth rates, are                    events.
                                                      dumping of storm-generated trash after                  considered to have a high extinction                     The Florida Keys were impacted by
                                                      Hurricane Wilma had a large impact on                   risk from site-specific demographic and               three hurricanes in 2005: Katrina on
                                                      roadside populations of plants in the                   environmental stochasticity (Lande                    August 26, Rita on September 20, and
                                                      lower Florida Keys (Hodges and Bradley                  1993, pp. 911–927).                                   Wilma on October 24. Hurricane Wilma
                                                      2006, pp. 11–12, 19, 39).                                  The climate of south Florida is driven             had the largest impact, with storm
                                                         All populations of the four plants that              by a combination of local, regional, and              surges flooding much of the landmass of
                                                      occur on disturbed sites are vulnerable                 global weather events and oscillations.               the Keys. In some places this water
                                                      to regular maintenance activities such as               There are three main ‘‘seasons’’: (1) The             impounded and sat for days. The
                                                      mowing and herbicide applications, and                  wet season, which is hot, rainy, and                  vegetation in many areas was top-killed
                                                      dumping. This includes portions of all                  humid from June through October; (2)                  due to salt water inundation (Hodges
                                                      populations of Chamaecrista lineata                     the official hurricane season that                    and Bradley 2006, p. 9). Flooding kills
                                                      var. keyensis and Chamaesyce deltoidea                  extends one month beyond the wet                      plants that do not have adaptations to
                                                      ssp. serpyllum, 10 of 12 Linum                          season (June 1 through November 30),                  tolerate anoxic soil conditions that
                                                      arenicola populations, and 5 of 34                      with peak season being August and                     persist after flooding; the flooding and
                                                      Argythamnia blodgettii populations. All                 September; and (3) the dry season,                    resulting high salinities might also
                                                      roadside populations are also vulnerable                which is drier and cooler, from                       impact soil seed banks of the four plants
                                                      to infrastructure projects such as road                 November through May. In the dry                      (Bradley and Saha 2009, pp. 27–28).
                                                      widening and installation of                            season, periodic surges of cool and dry               After hurricane Wilma, the herb layer in
                                                      underground cable, sewer, and water                     continental air masses influence the                  pine rocklands in close proximity to the
                                                      lines.                                                  weather with short-duration rain events               coast was brown with few plants having
                                                                                                              followed by long periods of dry weather.              live material above ground (Bradley
                                                      Pesticide Effects on Pollinators                           Florida is considered the most                     2006, p. 11). Subsequent surveys found
                                                         Another possible anthropogenic threat                vulnerable State in the United States to              no Linum arenicola and little
                                                      to the four plants is current application               hurricanes and tropical storms (Florida               Chamaecrista lineata var. keyensis or
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                                                      of insecticides throughout these plants’                Climate Center, http://coaps.fsu.edu/                 Chamaesyce deltoidea ssp. serpyllum in
                                                      ranges to control mosquito populations.                 climate_center). Based on data gathered               areas where they previously occurred.
                                                      Currently, an aerial insecticide (1,2-                  from 1856 to 2008, Klotzbach and Gray                 Not only did the storm surge kill the
                                                      dibromo-2,2-dichloroethyl dimethyl                      (2009, p. 28) calculated the                          vegetation, but many of the roadside
                                                      phosphate) and ground insecticide                       climatological probabilities for each                 areas were heavily disturbed by
                                                      (Permethrin) are applied sometimes as                   State being impacted by a hurricane or                dumping and removal of storm debris
                                                      frequently as daily in May through                      major hurricane in all years over the                 (Bradley 2006, p. 37). Estimates of the
                                                      November in many parts of south                         152-year timespan. Of the coastal States              population sizes pre- and post-Wilma
                                                      Florida. Nontarget effects of mosquito                  analyzed, Florida had the highest                     were calculated for Chamaesyce


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                                                                          Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules                                          58559

                                                      deltoidea ssp. serpyllum and                            combined with additional stress from                  34 Argythamnia blodgettii populations
                                                      Chamaecrista lineata var. keyensis.                     habitat loss and modification (e.g.,                  have fewer than 100 individuals. These
                                                      Each declined in the months following                   inadequate fire management) may                       small populations are at risk of adverse
                                                      the storm, by 41.2 percent and 48.0                     increase the inherent risk of stochastic              effects from reduced genetic variation,
                                                      percent, respectively (Bradley and Saha                 events that impact these plants. For                  an increased risk of inbreeding
                                                      2009, p. 2). L. arenicola was not found                 these reasons, all four plants are at risk            depression, and reduced reproductive
                                                      at all in surveys 8 to 9 weeks after the                of extirpation during extreme stochastic              output. Many of these populations are
                                                      hurricane (Bradley 2006, p. 36). The                    events. Of the four species,                          small and isolated from each other,
                                                      Middle Torch Key population was                         Argythamnia blodgettii is probably less               decreasing the likelihood that they
                                                      extirpated after Hurricane Wilma, and                   vulnerable because of the larger number               could be naturally reestablished in the
                                                      the population on Big Torch Key                         of sites where it occurs throughout                   event that extinction from one location
                                                      declined drastically, with only one                     Miami-Dade and Monroe Counties.                       would occur. Argythamnia blodgettii is
                                                      individual located. Both of these areas                                                                       the only one of the four plants species
                                                                                                              Small Population Size and Isolation
                                                      were heavily affected by storm surges                                                                         which occurs in ENP, where a
                                                      during Hurricane Wilma (Hodges 2010,                       Endemic species whose populations                  population of over 2,000 plants is stable
                                                      p. 2). As of 2013, populations of                       exhibit a high degree of isolation are                and prescribed fire and other
                                                      Chamaecrista lineata var. keyensis,                     extremely susceptible to extinction from              management activities that benefit A.
                                                      Chamaesyce deltoidea ssp. serpyllum,                    both random and nonrandom                             blodgettii are conducted on a regular
                                                      and L. arenicola in the Florida Keys                    catastrophic natural or human-caused                  basis.
                                                      have not returned to pre-Hurricane                      events. Species that are restricted to
                                                                                                              geographically limited areas are                      Climate Change and Sea Level Rise
                                                      Wilma levels (Bradley et al. 2015, pp.
                                                      21, 25, 29).                                            inherently more vulnerable to extinction                 Climatic changes, including sea level
                                                         Some climate change models predict                   than widespread species because of the                rise (SLR), are occurring in the State of
                                                      increased frequency and duration of                     increased risk of genetic bottlenecks,                Florida and are impacting associated
                                                      severe storms, including hurricanes and                 random demographic fluctuations,                      plants, animals, and habitats. Our
                                                      tropical storms (McLaughlin et al. 2002,                climate change, and localized                         analyses under the Act include
                                                      p. 6074; Cook et al. 2004, p. 1015;                     catastrophes such as hurricanes and                   consideration of ongoing and projected
                                                      Golladay et al. 2004, p. 504). Other                    disease outbreaks (Mangel and Tier                    changes in climate. The term ‘‘climate,’’
                                                      models predict hurricane and tropical                   1994, p. 607; Pimm et al. 1998, p. 757).              as defined by the Intergovernmental
                                                      storm frequencies in the Atlantic are                   These problems are further magnified                  Panel on Climate Change (IPCC), refers
                                                      expected to decrease between 10 and 30                  when populations are few and restricted               to the mean and variability of different
                                                      percent by 2100 (Knutson et al. 2008,                   to a very small geographic area, and                  types of weather conditions over time,
                                                      pp. 1–21). For those models that predict                when the number of individuals is very                with 30 years being a typical period for
                                                      fewer hurricanes, predictions of                        small. Populations with these                         such measurements, although shorter or
                                                      hurricane wind speeds are expected to                   characteristics face an increased                     longer periods also may be used (IPCC
                                                      increase by 5 to 10 percent due to an                   likelihood of stochastic extinction due               2013, p. 1450). The term ‘‘climate
                                                      increase in available energy for intense                to changes in demography, the                         change’’ thus refers to a change in the
                                                      storms. Increases in hurricane winds                    environment, genetics, or other factors               mean or variability of one or more
                                                      can elevate the chances of damage to                    (Gilpin and Soule 1986, pp. 24–34).                   measures of climate (e.g., temperature or
                                                      existing canopy and increase storm                      Small, isolated populations often                     precipitation) that persists for an
                                                      surge heights.                                          exhibit reduced levels of genetic                     extended period, typically decades or
                                                         All populations of the four plants are               variability, which diminishes the                     longer, whether the change is due to
                                                      vulnerable to hurricane wind damage.                    species’ capacity to adapt and respond                natural variability, human activity, or
                                                      Populations close to the coast and all                  to environmental changes, thereby                     both (IPCC 2013, p. 1450). A recent
                                                      populations of the four plants in the                   decreasing the probability of long-term               compilation of climate change and its
                                                      Florida Keys are vulnerable to                          persistence (e.g., Barrett and Kohn 1991,             effects is available from reports of the
                                                      inundation by storm surge. Historically,                p. 4; Newman and Pilson 1997, p. 361).                Intergovernmental Panel on Climate
                                                      the four plant species may have                         Very small plant populations may                      Change (IPCC) (IPCC 2013, entire).
                                                      benefitted from more abundant and                       experience reduced reproductive vigor                    Scientific measurements spanning
                                                      contiguous habitat to buffer them from                  due to ineffective pollination or                     several decades demonstrate that
                                                      storm events. The small size of many                    inbreeding depression. Isolated                       changes in climate are occurring, and
                                                      populations of these plants makes them                  individuals have difficulty achieving                 that the rate of change has been faster
                                                      especially vulnerable, in which the loss                natural pollen exchange, which limits                 since the 1950s. Examples include
                                                      of even a few individuals could reduce                  the production of viable seed. The                    warming of the global climate system,
                                                      the viability of a single population. The               problems associated with small                        and substantial increases in
                                                      destruction and modification of native                  population size and vulnerability to                  precipitation in some regions of the
                                                      habitat, combined with small                            random demographic fluctuations or                    world and decreases in other regions.
                                                      population size, has likely contributed                 natural catastrophes are further                      (For these and other examples, see IPCC
                                                      over time to the stress, decline, and, in               magnified by synergistic interactions                 2007a, p. 30; Solomon et al. 2007, pp.
                                                      some instances, extirpation of                          with other threats, such as those                     35–54, 82–85). Results of scientific
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      populations or local occurrences due to                 discussed above (see Factors A and C).                analyses presented by the IPCC show
                                                      stochastic events.                                         Chamaecrista lineata var. keyensis                 that most of the observed increase in
                                                         Due to the small size of some existing               and Chamaesyce deltoidea ssp.                         global average temperature since the
                                                      populations of Chamaecrista lineata                     serpyllum both have large populations                 mid-20th century cannot be explained
                                                      var. keyensis, Linum arenicola, and                     on Big Pine Key. The other extant                     by natural variability in climate, and is
                                                      Argythamnia blodgettii (see below) and                  occurrence of Chamaecrista lineata var.               ‘‘very likely’’ (defined by the IPCC as 90
                                                      the narrow geographic range of all four                 keyensis in the Florida Keys, on Cudjoe               percent or higher probability) due to the
                                                      plant species, their overall resilience to              Key, is small. Five out of 12 extant                  observed increase in greenhouse gas
                                                      these factors is likely low. These factors,             Linum arenicola populations, and 20 of                (GHG) concentrations in the atmosphere


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                                                      58560               Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules

                                                      as a result of human activities,                        including climate variability and                     the rate and amount of SLR. This
                                                      particularly carbon dioxide emissions                   extremes. Vulnerability is a function of              uncertainty increases as projections are
                                                      from use of fossil fuels (IPCC 2007a, pp.               the type, magnitude, and rate of climate              made further into the future. For this
                                                      5–6 and figures SPM.3 and SPM.4;                        change and variation to which a species               reason, we examine threats to the
                                                      Solomon et al. 2007, pp. 21–35). Further                is exposed, its sensitivity, and its                  species within the range of projections
                                                      confirmation of the role of GHGs comes                  adaptive capacity (IPCC 2007a, p. 89;                 found in recent climate change
                                                      from analyses by Huber and Knutti                       see also Glick et al. 2011, pp. 19–22).               literature.
                                                      (2011, p. 4), who concluded it is                       There is no single method for                            The long-term record at Key West
                                                      extremely likely that approximately 75                  conducting such analyses that applies to              shows that sea level rose on average
                                                      percent of global warming since 1950                    all situations (Glick et al. 2011, p. 3). We          0.229 cm (0.090 in) annually between
                                                      has been caused by human activities.                    use our expert judgment and                           1913 and 2013 (National Oceanographic
                                                         Scientists use a variety of climate                  appropriate analytical approaches to                  and Atmospheric Administration
                                                      models, which include consideration of                  weigh relevant information, including                 (NOAA) 2013, p. 1). This equates to
                                                      natural processes and variability, as                   uncertainty, in our consideration of                  approximately 22.9 cm (9.02 in) over the
                                                      well as various scenarios of potential                  various aspects of climate change.                    last 100 years. IPCC (2008, p. 28)
                                                      levels and timing of GHG emissions, to                     As is the case with all stressors that             emphasized it is very likely that the
                                                      evaluate the causes of changes already                  we assess, even if we conclude that a                 average rate of SLR during the 21st
                                                      observed and to project future changes                  species is currently affected or is likely            century will exceed the historical rate.
                                                      in temperature and other climate                        to be affected in a negative way by one               The IPCC Special Report on Emission
                                                      conditions (e.g., Meehl et al. 2007,                    or more climate-related impacts, it does              Scenarios (2000, entire) presented a
                                                      entire; Ganguly et al. 2009, pp. 11555,                 not necessarily follow that the species               range of scenarios based on the
                                                      15558; Prinn et al. 2011, pp. 527, 529).                meets the definition of an ‘‘endangered               computed amount of change in the
                                                      All combinations of models and                          species’’ or a ‘‘threatened species’’                 climate system due to various potential
                                                      emissions scenarios yield very similar                  under the Act. If a species is listed as              amounts of anthropogenic greenhouse
                                                      projections of increases in the most                    endangered or threatened, knowledge                   gases and aerosols in 2100. Each
                                                      common measure of climate change,                       regarding the vulnerability of the                    scenario describes a future world with
                                                      average global surface temperature                      species to, and known or anticipated                  varying levels of atmospheric pollution
                                                      (commonly known as global warming),                     impacts from, climate-associated                      leading to corresponding levels of global
                                                      until about 2030. Although projections                  changes in environmental conditions                   warming and corresponding levels of
                                                      of the magnitude and rate of warming                    can be used to help devise appropriate                SLR. The IPCC Synthesis Report (2007,
                                                      differ after about 2030, the overall                    strategies for its recovery.                          entire) provided an integrated view of
                                                      trajectory of all the projections is one of                Global climate projections are                     climate change and presented updated
                                                      increased global warming through the                    informative, and, in some cases, the                  projections of future climate change and
                                                      end of this century, even for the                       only or the best scientific information               related impacts under different
                                                      projections based on scenarios that                     available for us to use. However,                     scenarios.
                                                      assume that GHG emissions will                          projected changes in climate and related                 Subsequent to the 2007 IPCC Report,
                                                      stabilize or decline. Thus, there is strong             impacts can vary substantially across                 the scientific community has continued
                                                      scientific support for projections that                 and within different regions of the                   to model SLR. Recent peer-reviewed
                                                      warming will continue through the 21st                  world (e.g., IPCC 2007a, pp. 8–12).                   publications indicate a movement
                                                      century, and that the magnitude and                     Therefore, we use ‘‘downscaled’’                      toward increased acceleration of SLR.
                                                      rate of change will be influenced                       projections when they are available and               Observed SLR rates are already trending
                                                      substantially by the extent of GHG                      have been developed through                           along the higher end of the 2007 IPCC
                                                      emissions (IPCC 2007a, pp. 44–45;                       appropriate scientific procedures,                    estimates, and it is now widely held that
                                                      Meehl et al. 2007, pp. 760–764, 797–                    because such projections provide higher               SLR will exceed the levels projected by
                                                      811; Ganguly et al. 2009, pp. 15555–                    resolution information that is more                   the IPCC (Rahmstorf et al. 2012, p. 1;
                                                      15558; Prinn et al. 2011, pp. 527, 529).                relevant to spatial scales used for                   Grinsted et al. 2010, p. 470). Taken
                                                      (See IPCC 2007b, p. 8, for a summary of                 analyses of a given species (see Glick et             together, these studies support the use
                                                      other global projections of climate-                    al. 2011, pp. 58–61, for a discussion of              of higher end estimates now prevalent
                                                      related changes, such as frequency of                   downscaling).                                         in the scientific literature. Recent
                                                      heat waves and changes in                                  With regard to our analysis for                    studies have estimated global mean SLR
                                                      precipitation. Also see IPCC 2011                       Chamaecrista lineata var. keyensis,                   of 1.0–2.0 m (3.3–6.6 ft) by 2100 as
                                                      (entire) for a summary of observations                  Chamaesyce deltoidea ssp. serpyllum,                  follows: 0.75–1.90 m (2.50–6.20 ft;
                                                      and projections of extreme climate                      Linum arenicola, and Argythamnia                      Vermeer and Rahmstorf 2009, p. 21530);
                                                      events.)                                                blodgettii, downscaled projections                    0.8–2.0 m (2.6–6.6 ft; Pfeffer et al. 2008,
                                                         Various changes in climate may have                  suggest that SLR is the largest climate-              p. 1342); 0.9–1.3 m (3.0–4.3 ft; Grinsted
                                                      direct or indirect effects on species.                  driven challenge to low-lying coastal                 et al. 2010, pp. 469–470); 0.6–1.6 m
                                                      These effects may be positive, neutral,                 areas in the subtropical ecoregion of                 (2.0–5.2 ft; Jevrejeva et al. 2010, p. 4);
                                                      or negative, and they may change over                   southern Florida (U.S. Climate Change                 and 0.5–1.4 m (1.6–4.6 ft; National
                                                      time, depending on the species and                      Science Program (USCCSP) 2008, pp. 5–                 Research Council 2012, p. 2).
                                                      other relevant considerations, such as                  31, 5–32). All populations of the four                   Other processes expected to be
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      interactions of climate with other                      plants occur at elevations from 2.83–                 affected by projected warming include
                                                      variables (e.g., habitat fragmentation)                 4.14 m (9.29–13.57 ft) above sea level,               temperatures, rainfall (amount, seasonal
                                                      (IPCC 2007, pp. 8–14, 18–19).                           making these plants highly susceptible                timing, and distribution), and storms
                                                      Identifying likely effects often involves               to increased storm surges and related                 (frequency and intensity) (see
                                                      aspects of climate change vulnerability                 impacts associated with SLR.                          ‘‘Environmental Stochasticity’’, above).
                                                      analysis. Vulnerability refers to the                      We acknowledge that the drivers of                 Models where sea surface temperatures
                                                      degree to which a species (or system) is                SLR (especially contributions of melting              are increasing also show a higher
                                                      susceptible to, and unable to cope with,                glaciers) are not completely understood,              probability of more intense storms
                                                      adverse effects of climate change,                      and there is uncertainty with regard to               (Maschinski et al. 2011, p. 148). The


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                                                                          Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules                                          58561

                                                      Massachusetts Institute of Technology                   hydrology and increasing vulnerability                tolerance, jeopardizing critically
                                                      (MIT) modeled several scenarios                         to storm surge. Hydrology has a strong                imperiled or endemic species, or both,
                                                      combining various levels of SLR,                        influence on plant distribution in                    with possible extirpation. In south
                                                      temperature change, and precipitation                   coastal areas (IPCC 2008, p. 57). Such                Florida, SLR of 1–2 m (3.3–6.6 ft) is
                                                      differences with human population                       communities typically grade from salt to              estimated by 2100, which is on the
                                                      growth, policy assumptions, and                         brackish to freshwater species. From the              higher end of global estimates for SLR.
                                                      conservation funding changes. All of the                1930s to 1950s, increased salinity                    These projected increases in sea level
                                                      scenarios, from small climate change                    contributed to the decline of cabbage                 pose a threat to coastal plant
                                                      shifts to major changes, indicate                       palm forests in southwest Florida                     communities and habitats from
                                                      significant effects on coastal Miami-                   (Williams et al. 1999, pp. 2056–2059),                mangroves at sea level to salinity-
                                                      Dade County. The Science and                            expansion of mangroves into adjacent                  intolerant, coastal rockland hammocks
                                                      Technology Committee of the Miami-                      marshes in the Everglades (Ross et al.                where elevations are generally less than
                                                      Dade County Climate Change Task                         2000, pp. 101, 111), and loss of pine                 2.00 m (6.1 ft) above sea level (Saha et
                                                      Force (Wanless et al. 2008, p. 1)                       rocklands in the Keys (Ross et al. 1994,              al. 2011, p. 2). Loss or degradation of
                                                      recognizes that significant SLR is a                    pp. 144, 151–155). In Florida, pine                   these habitats can be a direct result of
                                                      serious concern for Miami-Dade County                   rocklands transition into rockland                    SLR or in combination of several other
                                                      in the near future. In a January 2008                   hammocks, and, as such, these habitat                 factors, including diversion of
                                                      statement, the committee warned that                    types are closely associated in the                   freshwater flow, hurricanes, and exotic
                                                      sea level is expected to rise at least 0.9–             landscape. A study conducted in one                   plant species infestations, which can
                                                      1.5 m (3.0–5.0 ft) within this century                  pine rocklands location on Sugar Loaf                 ultimately pose a threat to rare plant
                                                      (Wanless et al. 2008, p. 3). With a 0.9–                Key (with an average elevation of 0.89                populations (Saha et al. 2011, p. 24).
                                                      1.2 m (3.0–4.0 ft) rise in sea level (above             m (2.90 ft)) found an approximately 65                   Habitats for these species are
                                                      baseline) in Miami-Dade County, spring                  percent reduction in an area occupied                 restricted to relatively immobile
                                                      high tides would be at about 1.83–2.13                  by South Florida slash pine over a 70-                geologic features separated by large
                                                      m (6.0–7.0 ft); freshwater resources                    year period, with pine mortality and                  expanses of flooded, inhospitable
                                                      would be gone; the Everglades would be                  subsequent increased proportions of                   wetland or ocean, leading us to
                                                      inundated on the west side of Miami-                    halophytic (salt-loving) plants occurring             conclude that these habitats will likely
                                                      Dade County; the barrier islands would                  earlier at the lower elevations (Ross et              not be able to migrate as sea level rises
                                                      be largely inundated; storm surges                      al. 1994, pp. 149–152). During this same              (Saha et al. 2011, pp. 103–104). Because
                                                      would be devastating to coastal habitat                 time span, local sea level had risen by               of the extreme fragmentation of
                                                      and associated species; and landfill sites              15 cm (6 in), and Ross et al. (1994, p.               remaining habitat and isolation of
                                                      would be exposed to erosion,                            152) found evidence of groundwater and                remaining populations, and the
                                                      contaminating marine and coastal                        soil water salinization. Extrapolating                accelerating rate at which SLR is
                                                      environments. Freshwater and coastal                    this situation to hardwood hammocks is                projected to occur (Grinsted et al. 2010,
                                                      mangrove wetlands will be unable to                     not straightforward, but it suggests that             p. 470), it will be particularly difficult
                                                      keep up with or offset SLR of 0.61 m                    changes in rockland hammock species                   for these species to disperse to suitable
                                                      (2.0 ft) per century or greater. With a                 composition may not be an issue in the                habitat once existing sites that support
                                                      1.52 m (5.0 ft) rise, Miami-Dade County                 immediate future (5–10 years); however,               them are lost to SLR. Patterns of
                                                      will be extremely diminished (Wanless                                                                         development will also likely be
                                                                                                              over the long term (within the next 10–
                                                      et al. 2008, pp. 3–4).                                                                                        significant factors influencing whether
                                                                                                              50 years), it may be an issue if current
                                                         SLR projections from various                                                                               natural communities can move and
                                                                                                              projections of SLR occur and freshwater
                                                      scenarios have been downscaled by                                                                             persist (IPCC 2008, p. 57; CCSP 2008,
                                                                                                              inputs are not sufficient to maintain
                                                      TNC (2011; entire) and Zhang et al.                                                                           pp. 7–6). The plant species face
                                                                                                              high humidities and prevent changes in
                                                      (2011; entire) for the Florida Keys.                                                                          significant risks from coastal squeeze
                                                                                                              existing canopy species through
                                                      Using the IPCC best-case, low pollution                                                                       that occurs when habitat is pressed
                                                                                                              salinization (Saha et al. 2011, pp. 22–
                                                      scenario, a rise of 18 cm (7 in) (a rate                                                                      between rising sea levels and coastal
                                                                                                              25). Ross et al. (2009, pp. 471–478)
                                                      close to the historical average reported                                                                      development that prevents landward
                                                                                                              suggested that interactions between SLR
                                                      above) would result in the inundation of                                                                      migration of species. The ultimate effect
                                                                                                              and pulse disturbances (e.g., storm                   of these impacts is likely to result in
                                                      23,796 ha (58,800 acres) or 38.2 percent
                                                      of the Florida Keys upland area by the                  surges) can cause vegetation to change                reductions in reproduction and survival,
                                                      year 2100 (TNC 2011, p. 25). Under the                  sooner than projected based on sea level              and corresponding decreases in
                                                      IPCC worst-case, high pollution                         alone.                                                population numbers.
                                                      scenario, a rise of 59 cm (23.2 in) would                  Impacts from climate change                           Saha (et al. 2011, p. 4) suggested that
                                                      result in the inundation of 46,539 ha                   including regional SLR have been                      the rising water table accompanying
                                                      (115,000 acres) or 74.7 percent of the                  studied for coastal hammocks but not                  SLR will shrink the vadose zone (the
                                                      Florida Keys upland area by the year                    rockland hammock habitat. Saha (et al.                area which extends from the top of the
                                                      2100 (TNC 2011, p. 25). Using                           2011, pp. 24–25) conducted a risk                     ground surface to the water table);
                                                      Rahmstorf et al.’s (2007; p. 368) SLR                   assessment on rare plant species in ENP               increase salinity in the bottom portion
                                                      projections of 100 to 140 cm, 80.5 to                   and found that impacts from SLR have                  of the freshwater lens, thereby
                                                      92.2 percent of the Florida Keys land                   significant effects on imperiled taxa.                increasing brackishness of plant-
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      area would be inundated by 2100. The                    This study also predicted a decline in                available water; and influence tree
                                                      Zhang et al. (2011, p. 136) study models                the extent of coastal hammocks with                   species composition of coastal
                                                      SLR up to 1.8 m (5.9 ft) for the Florida                initial SLR, coupled with a reduction in              hardwood hammocks based upon
                                                      Keys, which would inundate 93.6                         freshwater recharge volume and an                     species-level tolerance to salinity or
                                                      percent of the current land area of the                 increase in pore water (water filling                 drought or both. Evidence of population
                                                      Keys.                                                   spaces between grains of sediment)                    declines and shifts in rare plant
                                                         Prior to inundations from SLR, there                 salinity, which will push hardwood                    communities, along with multi-trophic
                                                      will likely be habitat transitions related              species to the edge of their drought                  effects, already have been documented
                                                      to climate change, including changes to                 (freshwater shortage and physiological)               on the low-elevation islands of the


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                                                      58562               Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules

                                                      Florida Keys (Maschinski et al. 2011, p.                the north would not be inundated, but                 existing areas supporting extant
                                                      148).                                                   pine rocklands in these areas may be                  populations that could continue to
                                                         Direct losses to extant populations of               reduced through transition to wetter,                 support a population given a 1.8-m (5.9-
                                                      all four plants are expected due to                     more salt-tolerant plant communities, as              ft) sea level rise.
                                                      habitat loss and modification from SLR                  discussed above.
                                                      by 2100. We analyzed existing sites that                   In the Florida Keys, a 0.91-m (3-ft)               Conservation Efforts To Reduce Other
                                                      support populations of the four plants                  rise would inundate most areas of Big                 Natural or Manmade Factors Affecting
                                                      using the National Oceanic and                          Pine Key and Lower Sugarloaf Key, and                 Its Continued Existence
                                                      Atmospheric Administration (NOAA)                       all of the areas on Upper Sugarloaf Key                  NPS, the Service, Miami-Dade
                                                      Sea Level Rise and Coastal Impacts                      and Big Torch Key, that support Linum                 County, and the State of Florida have
                                                      viewer. Below we discuss general                        arenicola, and reduce these Keys to                   ongoing nonnative plant management
                                                      implications of sea level rise within the               numerous much smaller islands. The                    programs to reduce threats on public
                                                      range of projections discussed above on                 remaining uplands on these small                      lands, as funding and resources allow.
                                                      the current distribution of these species.              islands would likely transition to                    In Miami-Dade County, nonnative,
                                                      The NOAA tool uses 1-foot increments,                   buttonwoods and saltmarshes, and                      invasive plant management is very
                                                      so the analysis is based on 0.91 m (3 ft)               would be extremely vulnerable to                      active, with a goal to treat all publicly
                                                      and 1.8 m (6 ft).                                       further losses due to storm surge. This               owned properties at least once a year
                                                         Chamaecrista lineata var. keyensis: A                would further reduce and fragment the                 and more often in many cases. IRC and
                                                      0.91-m (3-ft) rise would inundate most                  populations. A 1.8-m (6-ft) rise would                FTBG conduct research and monitoring
                                                      areas of Big Pine Key, and all areas of                 completely inundate all areas that                    in various natural areas within Miami-
                                                      Cudjoe Key, that support Chamaecrista                   support Linum arenicola in the Florida                Dade County and the Florida Keys for
                                                      lineata var. keyensis, and reduce both                  Keys and eliminate all pine rocklands                 various endangered plant species and
                                                      Keys to several much smaller islands.                   habitat within the historic range of the              nonnative, invasive species.
                                                      The remaining uplands on these islands                  species in Monroe County.                             Summary of Factor E
                                                      would likely transition to buttonwoods                     Argythamnia blodgettii: In Miami-
                                                      and saltmarshes, and would be                           Dade County, a 0.91-m (3-ft) rise would                  We have analyzed threats from other
                                                      extremely vulnerable to storm surge.                    not inundate any extant populations of                natural or manmade factors including:
                                                      This will further reduce and fragment                   Argythamnia blodgettii because these                  nonnative, invasive plants; management
                                                      these populations. A 1.8-m (6-ft) rise                  habitats are located in higher elevation              practices used on roadsides and
                                                      would completely inundate all areas                     areas along the coastal ridge. However,               disturbed sites (such as mowing,
                                                      that support C. lineata var. keyensis and               changes in the salinity of the water table            sodding, and herbicide use); pesticide
                                                      eliminate all pine rocklands habitat                    and soils, along with additional                      spraying and its effects on pollinators;
                                                      within the historic range of the species.               vegetation shifts in the region, are                  environmental stochasticity; effects
                                                         Chamaesyce deltoidea var. serpyllum:                 likely. Remaining uplands may likely                  from small population size and
                                                      A 0.91-m (3-ft) rise would inundate                     transition to wetter, more salt-tolerant              isolation; and the effects of climate
                                                      most areas of Big Pine Key that support                 plant communities. This will further                  change, including SLR. The related risks
                                                      Chamaesyce deltoidea var. serpyllum,                    reduce and fragment the populations. A                from hurricanes and storm surge act
                                                      and reduce the Key to three to five                     1.8-m (6-ft) rise would inundate                      together to impact populations of all
                                                      much smaller islands. The remaining                     portions of Crandon Park, making it                   four plants. Some of these threats (e.g.,
                                                      uplands would likely transition to                      unsuitable for A. blodgettii. Other areas             nonnative species) may be reduced on
                                                      buttonwoods and saltmarshes, and                        that support A. blodgettii, including the             public lands due to active programs by
                                                      would be extremely vulnerable to storm                  Martinez and Richmond pinelands to                    Federal, State, and county land
                                                      surge. This will further reduce and                     the north, and Long Pine Key in ENP,                  managers. Many of the remaining
                                                      fragment the population. A 1.8-m (6-ft)                 would not be inundated, but habitats in               populations of these plants are small
                                                      rise would completely inundate all                      these areas may be reduced through                    and geographically isolated, and genetic
                                                      areas that support C. deltoidea var.                    transition to wetter, more salt-tolerant              variability is likely low, increasing the
                                                      serpyllum and eliminate all pine                        plant communities, as discussed above.                inherent risk due to overall low
                                                      rocklands habitat within the historic                      In the Florida Keys, a 0.91-m (3-ft)               resilience of these plants.
                                                      range of the species.                                   rise would reduce the area of islands in
                                                         Linum arenicola: In Miami-Dade                       the upper Keys, but extant populations                Cumulative Effects of Threats
                                                      County, a 0.91-m (3-ft) rise would                      on Key Largo, Windley Key, and                           When two or more threats affect
                                                      inundate the area that supports a large                 Lignumvitae Key are less vulnerable                   populations of the four plants, the
                                                      extant population of Linum arenicola                    than the Middle and Lower Keys, which                 effects of those threats could interact or
                                                      along L–31E canal. While other areas                    are at lower elevations. Lower                        become compounded, producing a
                                                      that support the species are located in                 Matecumbe Key, Plantation Key, Vaca                   cumulative adverse effect that is greater
                                                      higher elevation areas along the coastal                Key, Big Pine Key, and Big Munson                     than the impact of either threat alone.
                                                      ridge, changes in the salinity of the                   Island would be fragmented and                        The most obvious cases in which
                                                      water table and soils, along with                       reduced to numerous much smaller                      cumulative adverse effects would be
                                                      additional vegetation shifts in the                     islands. The remaining uplands on these               significant are those in which small
                                                      region, are likely. Remaining uplands                   small islands would likely transition to              populations (Factor E) are affected by
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                                                      may transition to wetter, more salt-                    buttonwoods and saltmarshes, and                      threats that result in destruction or
                                                      tolerant plant communities. This will                   would be extremely vulnerable further                 modification of habitat (Factor A). The
                                                      further reduce and fragment the                         losses to storm surge. This would                     limited distributions and small
                                                      populations. A 1.8-m (6-ft) rise would                  further reduce and fragment the                       population sizes of many populations of
                                                      inundate portions of the largest known                  populations. A 1.8-m (6-ft) rise would                the four plants make them extremely
                                                      population (HARB), as well the                          completely inundate all areas that                    susceptible to the detrimental effects of
                                                      population along L–31E canal. The areas                 support Argythamnia blodgettii south of               further habitat modification,
                                                      that support Linum arenicola at the                     Lignumvitae Key. Key Largo, Windley                   degradation, and loss, as well as other
                                                      Martinez and Richmond pinelands to                      Key, and Lignumvitae Key are the only                 anthropogenic threats. Mechanisms


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                                                                          Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules                                          58563

                                                      leading to the decline of the four plants,                 As described in detail above,                      where it occurs throughout Miami-Dade
                                                      as discussed above, range from local                    Chamaecrista lineata var. keyensis,                   and Monroe Counties. Further, A.
                                                      (e.g., agriculture) to regional (e.g.,                  Chamaesyce deltoidea ssp. serpyllum,                  blodgettii is the only one of the four
                                                      development, fragmentation, nonnative                   and Linum arenicola are currently at                  plants species that occurs in ENP, where
                                                      species) to global influences (e.g.,                    risk throughout all of their range due to             a population of over 2,000 plants is
                                                      climate change, SLR). The synergistic                   the immediacy, severity, significance,                stable and prescribed fire and other
                                                      effects of threats, such as impacts from                timing, and scope of those threats.                   management activities that benefit A.
                                                      hurricanes on a species with a limited                  Impacts from these threats are ongoing                blodgettii are conducted on a regular
                                                      distribution and small populations,                     and increasing; singly or in                          basis. Therefore, based on the best
                                                      make it difficult to predict population                 combination, these threats place these                available information, we find that A.
                                                      viability. While these stressors may act                three plants in danger of extinction. The             blodgettii is likely to become an
                                                      in isolation, it is more probable that                  risk of extinction is high because the                endangered species within the
                                                      many stressors are acting                               populations are small, are isolated, and              foreseeable future throughout all or a
                                                      simultaneously (or in combination) on                   have limited to no potential for                      significant portion of its range, and we
                                                      populations of these four plants, making                recolonization. Numerous threats are                  propose to list the species as a
                                                      them more vulnerable.                                   currently ongoing and are likely to                   threatened species in accordance with
                                                                                                              continue in the foreseeable future, at a              sections 3(20) and 4(a)(1) of the Act.
                                                      Proposed Determination
                                                                                                              high intensity and across the entire                  Significant Portion of the Range
                                                         We have carefully assessed the best                  range of these plants. Furthermore,
                                                      scientific and commercial data available                natural stochastic events and changes in                 Under the Act and our implementing
                                                      regarding the past, present, and future                 climatic conditions pose a threat to the              regulations, a species may warrant
                                                      threats to Chamaecrista lineata var.                    persistence of these plants, especially in            listing if it is endangered or threatened
                                                                                                              light of the fact these events cannot be              throughout all or a significant portion of
                                                      keyensis, Chamaesyce deltoidea ssp.
                                                                                                              controlled and mitigation measures                    its range. The threats to the survival of
                                                      serpyllum, Linum arenicola, and
                                                                                                              have yet to be addressed. Individually                Chamaecrista lineata var. keyensis,
                                                      Argythamnia blodgettii. Numerous
                                                                                                              and collectively, all these threats can               Chamaesyce deltoidea ssp. serpyllum,
                                                      populations of all four plants have been
                                                                                                              contribute to the local extirpation and               Linum arenicola, and Argythamnia
                                                      extirpated from these species’ historical
                                                                                                              potential extinction of these plant                   blodgettii occur throughout these
                                                      ranges, and the primary threats of
                                                                                                                                                                    species’ ranges and are not restricted to
                                                      habitat destruction and modification                    species. Because these threats are
                                                                                                                                                                    any particular significant portion of
                                                      resulting from human population                         placing them in danger of extinction
                                                                                                                                                                    those ranges. Accordingly, our
                                                      growth and development, agricultural                    throughout their ranges, we have
                                                                                                                                                                    assessment and proposed determination
                                                      conversion, and inadequate fire                         determined that each of these three
                                                                                                                                                                    applies to each of the four plants
                                                      management (Factor A); competition                      plants meets the definition of an
                                                                                                                                                                    throughout its entire range. Because we
                                                      from nonnative, invasive species (Factor                endangered species. Therefore, on the
                                                                                                                                                                    have determined that Chamaecrista
                                                      E); changes in climatic conditions,                     basis of the best available scientific and
                                                                                                                                                                    lineata var. keyensis, Chamaesyce
                                                      including SLR (Factor E); and natural                   commercial information, we propose to
                                                                                                                                                                    deltoidea ssp. serpyllum, and Linum
                                                      stochastic events (Factor E) remain                     list Chamaecrista lineata var. keyensis,
                                                                                                                                                                    arenicola meet the definition of
                                                      threats for existing populations. Existing              Chamaesyce deltoidea ssp. serpyllum,
                                                                                                                                                                    endangered species, and Argythamnia
                                                      regulatory mechanisms have not led to                   and Linum arenicola as endangered
                                                                                                                                                                    blodgettii meets the definition of a
                                                      a reduction or removal of threats posed                 species in accordance with sections 3(6)
                                                                                                                                                                    threatened species, throughout their
                                                      to the four plants from these factors (see              and 4(a)(1) of the Act. We find that
                                                                                                                                                                    ranges, no portion of their ranges can be
                                                      Factor D discussion, above). These                      threatened species status is not
                                                                                                                                                                    ‘‘significant’’ for purposes of the
                                                      threats are ongoing, rangewide, and                     appropriate for Chamaecrista lineata
                                                                                                                                                                    definitions of ‘‘endangered species’’ and
                                                      expected to continue in the future. A                   var. keyensis, Chamaesyce deltoidea
                                                                                                                                                                    ‘‘threatened species.’’ See the Service’s
                                                      significant percentage of populations of                ssp. serpyllum, and Linum arenicola
                                                                                                                                                                    SPR Policy (79 FR 37578, July 1, 2014).
                                                      Chamaecrista lineata var. keyensis,                     because of the contracted range of each
                                                      Linum arenicola, and Argythamnia                        species and because the threats are                   Available Conservation Measures
                                                      blodgettii are relatively small and                     occurring rangewide, are ongoing, and                   Conservation measures provided to
                                                      isolated from one another, and their                    are expected to continue into the future.             species listed as endangered or
                                                      ability to recolonize suitable habitat is                  Throughout its range, Argythamnia                  threatened under the Act include
                                                      unlikely without human intervention, if                 blodgettii faces threats similar to the               recognition, recovery actions,
                                                      at all. The threats have had and will                   other three plant species that are the                requirements for Federal protection, and
                                                      continue to have substantial adverse                    subjects of this proposed rule. However,              prohibitions against certain practices.
                                                      effects on the four plants and their                    we find that endangered species status                Recognition through listing results in
                                                      habitats. Although attempts are ongoing                 is not appropriate for A. blodgettii.                 public awareness, and conservation by
                                                      to alleviate or minimize some of these                  While we have evidence of threats                     Federal, State, Tribal, and local
                                                      threats at certain locations, all                       under Factors A, D, and E affecting the               agencies; private organizations; and
                                                      populations appear to be impacted by                    species, insufficient data are available to           individuals. The Act encourages
                                                      one or more threats.                                    identify the trends in extant                         cooperation with the States and other
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                                                         The Act defines an endangered                        populations. Six populations are extant,              countries and calls for recovery actions
                                                      species as ‘‘any species which is in                    11 are extirpated, and we are uncertain               to be carried out for listed species. The
                                                      danger of extinction throughout all or a                of the status of 14 populations that have             protection required by Federal agencies
                                                      significant portion of its range’’ and a                not been surveyed in 15 years or more.                and the prohibitions against certain
                                                      threatened species as ‘‘any species                     Additionally, data show that the threat               activities are discussed, in part, below.
                                                      which is likely to become an                            of habitat loss from sea level rise is not              The primary purpose of the Act is the
                                                      endangered species within the                           as severe for this species. Also, A.                  conservation of endangered and
                                                      foreseeable future throughout all or a                  blodgettii is likely less vulnerable                  threatened species and the ecosystems
                                                      significant portion of its range.’’                     because of the larger number of sites                 upon which they depend. The ultimate


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                                                      58564               Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules

                                                      goal of such conservation efforts is the                funding for recovery actions will be                  by the Federal Energy Regulatory
                                                      recovery of these listed species, so that               available from a variety of sources,                  Commission; construction and
                                                      they no longer need the protective                      including Federal budgets, State                      maintenance of roads or highways by
                                                      measures of the Act. Subsection 4(f) of                 programs, and cost share grants for non-              the Federal Highway Administration;
                                                      the Act calls for the Service to develop                Federal landowners, the academic                      and disaster relief efforts conducted by
                                                      and implement recovery plans for the                    community, and nongovernmental                        the Federal Emergency Management
                                                      conservation of endangered and                          organizations. In addition, pursuant to               Agency.
                                                      threatened species. The recovery                        section 6 of the Act, the State of Florida               With respect to endangered plants,
                                                      planning process involves the                           would be eligible for Federal funds to                prohibitions outlined at 50 CFR 17.61
                                                      identification of actions that are                      implement management actions that                     make it illegal for any person subject to
                                                      necessary to halt or reverse the species’               promote the protection or recovery of                 the jurisdiction of the United States to
                                                      decline by addressing the threats to its                the four plants. Information on our grant             import or export, transport in interstate
                                                      survival and recovery. The goal of this                 programs that are available to aid                    or foreign commerce in the course of a
                                                      process is to restore listed species to a               species recovery can be found at:                     commercial activity, sell or offer for sale
                                                      point where they are secure, self-                      http://www.fws.gov/grants.                            in interstate or foreign commerce, or to
                                                      sustaining, and functioning components                     Although Chamaecrista lineata var.                 remove and reduce to possession any
                                                      of their ecosystems.                                    keyensis, Chamaesyce deltoidea ssp.                   such plant species from areas under
                                                         Recovery planning includes the                       serpyllum, Linum arenicola, and                       Federal jurisdiction. In addition, for
                                                      development of a recovery outline                       Argythamnia blodgettii are only                       endangered plants, the Act prohibits
                                                      shortly after a species is listed and                   proposed for listing under the Act at                 malicious damage or destruction of any
                                                      preparation of a draft and final recovery               this time, please let us know if you are              such species on any area under Federal
                                                      plan. The recovery outline guides the                   interested in participating in recovery               jurisdiction, and the removal, cutting,
                                                      immediate implementation of urgent                      efforts for this species. Additionally, we            digging up, or damaging or destroying of
                                                      recovery actions and describes the                      invite you to submit any new                          any such species on any other area in
                                                      process to be used to develop a recovery                information on these plants whenever it               knowing violation of any State law or
                                                      plan. Revisions of the plan may be done                 becomes available and any information                 regulation, or in the course of any
                                                      to address continuing or new threats to                 you may have for recovery planning                    violation of a State criminal trespass
                                                      the species, as new substantive                         purposes (see FOR FURTHER INFORMATION                 law. Exceptions to these prohibitions
                                                      information becomes available. The                      CONTACT).                                             are outlined in 50 CFR 17.62. With
                                                      recovery plan also identifies recovery                     Section 7(a) of the Act requires                   respect to threatened plants, 50 CFR
                                                      criteria for review of when a species                   Federal agencies to evaluate their                    17.71 provides that, with certain
                                                      may be ready for downlisting or                         actions with respect to any species that              exceptions, all of the prohibitions
                                                      delisting, and methods for monitoring                   is proposed or listed as an endangered                outlined at 50 CFR 17.61 for endangered
                                                      recovery progress. Recovery plans also                  or threatened species and with respect                plants also apply to threatened plants.
                                                      establish a framework for agencies to                   to its critical habitat, if any is                    Permit exceptions to the prohibitions for
                                                      coordinate their recovery efforts and                   designated. Regulations implementing                  threatened plants are outlined in 50 CFR
                                                      provide estimates of the cost of                        this interagency cooperation provision                17.72.
                                                      implementing recovery tasks. Recovery                   of the Act are codified at 50 CFR part                   Preservation of native flora of Florida
                                                      teams (composed of species experts,                     402. Section 7(a)(4) of the Act requires              through Florida Statutes 581.185,
                                                      Federal and State agencies,                             Federal agencies to confer with the                   sections (3)(a) and (3)(b), provide
                                                      nongovernmental organizations, and                      Service on any action that is likely to               limited protection to species listed in
                                                      stakeholders) are often established to                  jeopardize the continued existence of a               the State of Florida Regulated Plant
                                                      develop recovery plans. If these four                   species proposed for listing or result in             Index including Chamaecrista lineata
                                                      plant species are listed, a recovery                    destruction or adverse modification of                var. keyensis, Chamaesyce deltoidea
                                                      outline, draft recovery plan, and the                   proposed critical habitat, if designated.             ssp. serpyllum, Linum arenicola, and
                                                      final recovery plan will be available on                If a species is listed subsequently,                  Argythamnia blodgettii, as described
                                                      our Web site (http://www.fws.gov/                       section 7(a)(2) of the Act requires                   under the Factor D discussion, above.
                                                      endangered), or from our South Florida                  Federal agencies to ensure that activities            Federal listing would increase
                                                      Ecological Services Field Office (see FOR               they authorize, fund, or carry out are not            protection for these plants by making
                                                      FURTHER INFORMATION CONTACT).                           likely to jeopardize the continued                    violations of section 3 of the Florida
                                                         Implementation of recovery actions                   existence of the species or destroy or                Statute punishable as a Federal offense
                                                      generally requires the participation of a               adversely modify its critical habitat. If a           under section 9 of the Act. This would
                                                      broad range of partners, including other                Federal action may affect a listed                    provide increased protection from
                                                      Federal agencies, States, Tribes,                       species or its critical habitat, if                   unauthorized collecting and vandalism
                                                      nongovernmental organizations,                          designated, the responsible Federal                   for the plants on State and private lands,
                                                      businesses, and private landowners.                     agency must enter into consultation                   where they might not otherwise be
                                                      Examples of recovery actions include                    with the Service.                                     protected by the Act, and would
                                                      habitat restoration (e.g., restoration of                  Federal agency actions within the                  increase the severity of the penalty for
                                                      native vegetation), research, captive                   species’ habitat that may require                     unauthorized collection, vandalism, or
                                                      propagation and reintroduction, and                     conference or consultation or both as                 trade in these plants.
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                                                      outreach and education. The recovery of                 described in the preceding paragraph                     The Service acknowledges that it
                                                      many listed species cannot be                           include management and any other                      cannot fully address some of the natural
                                                      accomplished solely on Federal lands                    landscape-altering activities on Federal              threats facing Chamaecrista lineata var.
                                                      because their range may occur primarily                 lands administered by the Service, NPS,               keyensis, Chamaesyce deltoidea ssp.
                                                      or solely on non-Federal lands. To                      and Department of Defense; issuance of                serpyllum, Linum arenicola, and
                                                      achieve recovery of these species                       section 404 Clean Water Act permits by                Argythamnia blodgettii, (e.g.,
                                                      requires cooperative conservation efforts               the U.S. Army Corps of Engineers;                     hurricanes, storm surge) or even some of
                                                      on private, State, and Tribal lands. If                 construction and management of gas                    the other significant, long-term threats
                                                      these four plant species are listed,                    pipeline and power line rights-of-way                 (e.g., climatic changes, SLR). However,


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                                                                          Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules                                            58565

                                                      through listing, we could provide                       that compete with or prey upon                        for construction of residences, facilities,
                                                      protection to the known populations                     Chamaecrista lineata var. keyensis,                   trails, and roads.
                                                      and any new population of these plants                  Chamaesyce deltoidea ssp. serpyllum,                     (3) Actions that would introduce
                                                      that may be discovered (see discussion                  Linum arenicola, or Argythamnia                       nonnative species that would
                                                      below). With listing, we could also                     blodgettii.                                           significantly alter vegetation structure or
                                                      influence Federal actions that may                         (6) Release any unauthorized                       composition. Such activities may
                                                      potentially impact these plants (see                    biological control agents that attack any             include, but are not limited to,
                                                      discussion below); this is especially                   life stage of Chamaecrista lineata var.               residential and commercial
                                                      valuable if these plants are found at                   keyensis, Chamaesyce deltoidea ssp.                   development, and road construction.
                                                      additional locations. With listing, we                  serpyllum, Linum arenicola, or                           (4) Application of herbicides, or
                                                      would also be better able to deter illicit              Argythamnia blodgettii.                               release of contaminants, in areas where
                                                      collection and trade.                                      (7) Manipulate or modify, without                  these plants occur. Such activities may
                                                         We may issue permits to carry out                    authorization, the habitat of                         include, but are not limited to, natural
                                                      otherwise prohibited activities                         Chamaecrista lineata var. keyensis,                   resource management, management of
                                                      involving endangered or threatened                      Chamaesyce deltoidea ssp. serpyllum,                  right of ways, residential and
                                                      plants under certain circumstances.                     Linum arenicola, or Argythamnia                       commercial development, and road
                                                      Regulations governing permits for                       blodgettii on Federal lands.                          construction.
                                                      endangered plants are codified at 50                       Questions regarding whether specific               Critical Habitat
                                                      CFR 17.62, and for threatened plants at                 activities would constitute a violation of
                                                      50 CFR 17.72. With regard to                                                                                    Section 3(5)(A) of the Act defines
                                                                                                              section 9 of the Act should be directed               critical habitat as ‘‘(i) the specific areas
                                                      endangered plants, the Service may                      to the Field Supervisor of the Service’s
                                                      issue a permit authorizing any activity                                                                       within the geographical area occupied
                                                                                                              South Florida Ecological Services Field               by the species, at the time it is listed
                                                      otherwise prohibited by 50 CFR 17.61                    Office (see FOR FURTHER INFORMATION
                                                      for scientific purposes or for enhancing                                                                      * * * on which are found those
                                                                                                              CONTACT). Requests for copies of
                                                      the propagation or survival of                                                                                physical or biological features (I)
                                                                                                              regulations regarding listed species and              essential to the conservation of the
                                                      endangered plants.                                      inquiries about prohibitions and permits
                                                         It is our policy, as published in the                                                                      species and (II) which may require
                                                                                                              should be addressed to the U.S. Fish                  special management considerations or
                                                      Federal Register on July 1, 1994 (59 FR
                                                                                                              and Wildlife Service, Ecological                      protection; and (ii) specific areas
                                                      34272), to identify to the maximum
                                                                                                              Services Division, Endangered Species                 outside the geographical area occupied
                                                      extent practicable at the time a species
                                                                                                              Permits, 1875 Century Boulevard,                      by the species at the time it is listed
                                                      is proposed for listing or listed, those
                                                                                                              Atlanta, GA 30345 (phone 404–679–                     upon a determination by the Secretary
                                                      activities that would or would not
                                                                                                              7140; fax 404–679–7081).                              that such areas are essential for the
                                                      constitute a violation of section 9 of the
                                                                                                                 If Chamaecrista lineata var. keyensis,             conservation of the species. Section 3(3)
                                                      Act. The intent of this policy is to
                                                                                                              Chamaesyce deltoidea ssp. serpyllum,                  of the Act defines conservation as to use
                                                      increase public awareness of the effect
                                                                                                              Linum arenicola, and Argythamnia                      and the use of all methods and
                                                      of a proposed listing on proposed and
                                                                                                              blodgettii are listed under the Act, the              procedures which are necessary to bring
                                                      ongoing activities within the range of
                                                                                                              State of Florida’s Endangered Species                 any endangered species or threatened
                                                      species proposed for listing. Based on
                                                                                                              Act (Florida Statutes 581.185) is                     species to the point at which the
                                                      the best available information, the
                                                                                                              automatically invoked, which would                    measures provided pursuant to the Act
                                                      following actions would be unlikely to
                                                                                                              also prohibit take of these plants and                are no longer necessary.’’
                                                      result in a violation of section 9, if these
                                                                                                              encourage conservation by State                         Section 4(a)(3) of the Act, as
                                                      activities were carried out in accordance
                                                                                                              government agencies. Further, the State               amended, and implementing regulations
                                                      with existing regulations and permit
                                                                                                              may enter into agreements with Federal                (50 CFR 424.12), require that, to the
                                                      requirements; this list is not
                                                                                                              agencies to administer and manage any                 maximum extent prudent and
                                                      comprehensive:
                                                         (1) Import any such species into, or                 area required for the conservation,                   determinable, the Secretary will
                                                      export any of the four plant species                    management, enhancement, or                           designate critical habitat at the time the
                                                      from, the United States.                                protection of endangered species                      species is determined to be an
                                                         (2) Remove and reduce to possession                  (Florida Statutes 581.185). Funds for                 endangered or threatened species. Our
                                                      any of the four plant species from areas                these activities could be made available              regulations (50 CFR 424.12(a)(1)) state
                                                      under Federal jurisdiction; maliciously                 under section 6 of the Act (Cooperation               that the designation of critical habitat is
                                                      damage or destroy any of the four plant                 with the States). Thus, the Federal                   not prudent when one or both of the
                                                      species on any such area; or remove,                    protection afforded to these plants by                following situations exist:
                                                      cut, dig up, or damage or destroy any of                listing them as endangered species                      (1) The species is threatened by taking
                                                      the four plant species on any other area                would be reinforced and supplemented                  or other human activity, and
                                                      in knowing violation of any law or                      by protection under State law.                        identification of critical habitat can be
                                                      regulation of any State or in the course                   Activities that the Service believes               expected to increase the degree of threat
                                                      of any violation of a State criminal                    could potentially harm these four plants              to the species, or
                                                      trespass law.                                           include, but are not limited to:                        (2) Such designation of critical habitat
                                                         (3) Deliver, receive, carry, transport,                 (1) Actions that would significantly               would not be beneficial to the species.
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                                                      or ship in interstate or foreign                        alter the hydrology or substrate, such as               There is currently no imminent threat
                                                      commerce, by any means whatsoever                       ditching or filling. Such activities may              of take attributed to collection or
                                                      and in the course of a commercial                       include, but are not limited to, road                 vandalism under Factor B for these
                                                      activity, any of the four plant species.                construction or maintenance, and                      species, and identification and mapping
                                                         (4) Sell or offer for sale in interstate             residential, commercial, or recreational              of critical habitat is not expected to
                                                      or foreign commerce any of the four                     development.                                          initiate any such threat. Therefore, in
                                                      plant species.                                             (2) Actions that would significantly               the absence of finding that the
                                                         (5) Introduce any nonnative wildlife                 alter vegetation structure or                         designation of critical habitat would
                                                      or plant species to the State of Florida                composition, such as clearing vegetation              increase threats to a species, if there are


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                                                      58566                  Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules

                                                      any benefits to a critical habitat                             required analysis of the impacts of the                     References Cited
                                                      designation, a finding that designation                        designation is currently lacking.
                                                      is prudent is warranted. Here, the                                                                                           A complete list of references cited in
                                                                                                                     Required Determinations                                     this rulemaking is available on the
                                                      potential benefits of designation
                                                                                                                     Clarity of the Rule                                         Internet at http://www.regulations.gov
                                                      include: (1) Triggering consultation
                                                                                                                                                                                 and upon request from the South
                                                      under section 7 of the Act, in new areas                          We are required by Executive Orders                      Florida Ecological Services Field Office
                                                      for actions in which there may be a                            12866 and 12988 and by the                                  (see FOR FURTHER INFORMATION CONTACT).
                                                      Federal nexus where it would not                               Presidential Memorandum of June 1,
                                                      otherwise occur because, for example, it                       1998, to write all rules in plain                           Authors
                                                      is unoccupied; (2) focusing conservation                       language. This means that each rule we
                                                                                                                                                                                   The primary authors of this proposed
                                                      activities on the most essential features                      publish must:
                                                                                                                        (1) Be logically organized;                              rule are the staff members of the South
                                                      and areas; (3) providing educational
                                                                                                                        (2) Use the active voice to address                      Florida Ecological Services Field Office.
                                                      benefits to State or county governments
                                                      or private entities; and (4) preventing                        readers directly;                                           List of Subjects in 50 CFR Part 17
                                                      people from causing inadvertent harm                              (3) Use clear language rather than
                                                                                                                     jargon;                                                       Endangered and threatened species,
                                                      to these species.
                                                                                                                        (4) Be divided into short sections and                   Exports, Imports, Reporting and
                                                         Because we have determined that the                         sentences; and                                              recordkeeping requirements,
                                                      designation of critical habitat will not                          (5) Use lists and tables wherever                        Transportation.
                                                      likely increase the degree of threat to the                    possible.
                                                      species and may provide some measure                              If you feel that we have not met these                   Proposed Regulation Promulgation
                                                      of benefit, we determine that                                  requirements, send us comments by one                         Accordingly, we propose to amend
                                                      designation of critical habitat is prudent                     of the methods listed in the ADDRESSES                      part 17, subchapter B of chapter I, title
                                                      for Chamaecrista lineata var. keyensis,                        section. To better help us revise the                       50 of the Code of Federal Regulations,
                                                      Chamaesyce deltoidea ssp. serpyllum,                           rule, your comments should be as                            as set forth below:
                                                      Linum arenicola, and Argythamnia                               specific as possible. For example, you
                                                      blodgettii.                                                    should tell us the numbers of the                           PART 17—[AMENDED]
                                                                                                                     sections or paragraphs that are unclearly
                                                         Our regulations (50 CFR 424.12(a)(2))
                                                                                                                     written, which sections or sentences are                    ■ 1. The authority citation for part 17
                                                      further state that critical habitat is not
                                                                                                                     too long, the sections where you feel                       continues to read as follows:
                                                      determinable when one or both of the                           lists or tables would be useful, etc.
                                                      following situations exists: (1)                                                                                             Authority: 16 U.S.C. 1361–1407; 1531–
                                                      Information sufficient to perform                              National Environmental Policy Act (42                       1544; and 4201–4245, unless otherwise
                                                                                                                     U.S.C. 4321 et seq.)                                        noted.
                                                      required analysis of the impacts of the
                                                      designation is lacking; or (2) the                               We have determined that                                   ■ 2. Amend § 17.12(h) by adding entries
                                                      biological needs of the species are not                        environmental assessments and                               for Argythamnia blodgettii,
                                                      sufficiently well known to permit                              environmental impact statements, as                         Chamaecrista lineata var. keyensis,
                                                      identification of an area as critical                          defined under the authority of the                          Chamaesyce deltoidea ssp. serpyllum,
                                                      habitat. On the basis of a review of                           National Environmental Policy Act,                          and Linum arenicola, in alphabetical
                                                      available information, we find that                            need not be prepared in connection                          order under FLOWERING PLANTS, to
                                                      critical habitat for Chamaecrista lineata                      with listing a species as an endangered                     the List of Endangered and Threatened
                                                      var. keyensis, Chamaesyce deltoidea                            or threatened species under the Act. We                     Plants to read as set forth below:
                                                      ssp. serpyllum, Linum arenicola, and                           published a notice outlining our reasons
                                                      Argythamnia blodgettii is not                                  for this determination in the Federal                       § 17.12       Endangered and threatened plants.
                                                      determinable because the specific                              Register on October 25, 1983 (48 FR                         *       *    *             *        *
                                                      information sufficient to perform the                          49244).                                                         (h) * * *

                                                                                       Species                                                                                                   When              Critical           Special
                                                                                                                                        Historic range           Family         Status           listed            habitat             rules
                                                              Scientific name                           Common name

                                                      FLOWERING PLANTS

                                                              *                        *                   *                                   *                      *                                *                           *
                                                      Argythamnia blodgettii ......... Blodgett’s silverbush ............             U.S.A. (FL) ....    Euphorbiacea-       T ............   ...............   NA ...........   NA
                                                                                                                                                            e.

                                                              *                             *                       *                          *                       *                               *                           *
                                                      Chamaecrista lineata var.                 Big Pine partridge pea .........      U.S.A. (FL) ....    Fabaceae ......     E ............   ...............   NA ...........   NA
                                                        keyensis.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                *                           *                       *                          *                      *                                *                           *
                                                      Chamaesyce deltoidea ssp.                 Wedge spurge ......................   U.S.A. (FL) ....    Euphorbiacea-       E ............   ...............   NA ...........   NA
                                                        serpyllum.                                                                                          e.

                                                               *                           *                        *                          *                        *                              *                           *
                                                      Linum arenicola .................... Sand flax ..............................   U.S.A. (FL) ....    Linaceae .......    E ............   ...............   NA ...........   NA

                                                                  *                         *                           *                        *                        *                            *                          *




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                                                                          Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules                          58567

                                                      *      *     *       *      *                             Dated: September 9, 2015.
                                                                                                              Stephen Guertin,
                                                                                                              Acting Director, U.S. Fish and Wildlife
                                                                                                              Service.
                                                                                                              [FR Doc. 2015–24291 Filed 9–28–15; 8:45 am]
                                                                                                              BILLING CODE 4310–55–P
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                 VerDate Sep<11>2014   18:18 Sep 28, 2015   Jkt 235001   PO 00000   Frm 00033   Fmt 4701   Sfmt 9990   E:\FR\FM\29SEP2.SGM   29SEP2



Document Created: 2015-12-15 09:47:25
Document Modified: 2015-12-15 09:47:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWe will accept comments received or postmarked on or before November 30, 2015. Comments submitted electronically using the Federal
ContactLarry Williams, State Supervisor, U.S. Fish and Wildlife Service, South Florida Ecological Services Field Office, 1339 20th Street, Vero Beach, FL 32960; by telephone 772-562- 3909; or by facsimile 772-562-4288. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339.
FR Citation80 FR 58535 
RIN Number1018-AZ95
CFR AssociatedEndangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation

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